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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Chapter XII: Application
Application to an Israeli aircraft when outside Israel§
172.
The provisions under this Law shall apply to an Israeli aircraft even when it is outside Israel, and also to an aerial operator of such an aircraft and a crew member on that aircraft, unless otherwise provided under this Law, and subject to the following provisions:
(1)The flight rules on the matters referred to in section 72(c) that shall apply to an Israeli aircraft operated in the territory of a foreign state shall be in accordance with the law applicable in that state;
(2)The flight rules on the matters referred to in section 72(c) that shall apply to an Israeli aircraft operated over the sea that is not within the territory of a foreign state shall be in accordance with the provisions of Annex 2 to the Convention;
(3)Where there is a conflict between a provision under this Law and the law applicable in a member state – the law applicable in that state shall apply;
(4)Without derogating from the provisions of paragraphs (1) to (3) –
(a)Notwithstanding the provisions of section 23(b), an aerial operator of an Israeli aircraft may receive maintenance services for the aircraft or for the aeronautical equipment on board, in a member state, also from a person who is not a flight crew member as referred to in section 23(a)(1) or from a person who is not a manufacturer of the aircraft or of the aeronautical equipment as referred to in section 23(a)(3), provided that the maintenance services are provided on behalf of the entity responsible for carrying out maintenance operations on the aircraft as referred to in section 63(b)(5), or in full co-ordination with that entity, all as determined by the Minister;
(b)Notwithstanding the provisions of Chapter VII, the investigation of a serious safety occurrence as defined in section 103 that occurred to an Israeli aircraft in the territory of a member state shall be conducted in that state in accordance with its laws, and the provisions of the said Chapter shall not apply, except for the provisions of section 128b and the provisions determined pursuant to section 129(2), as relevant;
(c)Notwithstanding the provisions of Chapter X, where an aerial operator of an Israeli aircraft or a crew member on such an aircraft has violated a provision of the provisions under this Law enumerated in Section A of Chapter X, in relation to an Israeli aircraft when outside Israel, and it has been proved to the satisfaction of the Director that the violator has paid a monetary payment in enforcement proceedings taken against him by a competent authority in a foreign state in respect of the same act, the following provisions shall apply:
(1)Where the amount proved to have been paid in the foreign state is equal to or greater than the amount of the financial sanction that the Director intends to impose on the violator in respect of the violation – no financial sanction shall be imposed on the violator under the provisions of this Law;
(2)Where the amount proved to have been paid in the foreign state is less than the amount of the financial sanction that the Director intends to impose on the violator in respect of the violation – the amount proved to have been paid as aforesaid shall be deducted from the amount of the financial sanction that the Director intends to impose on the violator.
Application to a foreign aircraft when in Israel§
173.
(a)Where provisions have been established in the Convention or in the mandatory standards set by the International Aviation Organisation detailed in Annexes 1, 3, 5, 6, 7, 8, 10, 12, 16, 18 and 19 to the Convention (in this section – the mandatory standards) in respect of an aircraft, its operation, its aerial operator or a crew member on it, those provisions shall apply to a foreign aircraft when in the territory of Israel, to its operation, to its aerial operator or to the crew member on it, as the case may be, and in that matter the provisions under sections 2 to 7, 9 to 12, 17 to 19, 23 to 25, 38 to 41, 43, 45 to 47, 56, 62 to 65, 67 to 71, 74, 76(c) and 139 – except for the definition "safety information" – of this Law shall not apply.
(a1)Without derogating from the provisions of subsection (a), where the provisions of the Convention and the mandatory standards referred to in that subsection apply in respect of the operation of a foreign aircraft, no person shall operate a foreign aircraft in the territory of Israel unless all of the following are satisfied:
(1)Each crew member stationed on the aircraft who performs a function requiring a licence equivalent to a flight crew member licence and a certificate equivalent to a medical certificate under the Convention and the mandatory standards holds such a licence and certificate that are valid and appropriate and that were issued by the state of registration in accordance with the mandatory standards established in Annex 1 to the Convention;
(2)There is in respect of the aircraft a valid certificate equivalent to a registration certificate, issued by the state of registration in accordance with the mandatory standards established in Annex 7 to the Convention;
(3)There is in respect of the aircraft a valid certificate equivalent to an airworthiness certificate, issued by the state of registration in accordance with the mandatory standards established in Annex 8 to the Convention, and the operation is conducted in accordance with the conditions of that certificate;
(4)There is in respect of the aircraft a valid certificate equivalent to a noise certificate, issued by the state of registration in accordance with the mandatory standards established in Annex 16 to the Convention;
(5)Where the aircraft is operated in commercial operation requiring a licence equivalent to an air operator licence under the mandatory standards – the operator of the aircraft holds such a licence and also operations specifications associated with the licence, issued by the state of the operator in accordance with the mandatory standards established in Annex 6 to the Convention, and the operation is conducted in accordance with the conditions of the said licence and specifications;
(6)All documents required to be carried pursuant to article 29 of the Convention and Annex 6 to the Convention are on the aircraft, and they are valid and up to date.
(a2)Notwithstanding the provisions of subsection (a1)(1) and (3), the Director may, at the request of an operator of a foreign aircraft, permit him –
(1)to operate a foreign aircraft on which a crew member is stationed who is subject to the provisions of subsection (a1)(1), even if the licence or certificate held by that crew member was not issued in accordance with the requirements of the mandatory standards referred to in that subsection; the Director shall not permit such operation unless every deviation from those requirements is noted in the licence or certificate held by the crew member, as the case may be, and the Director is satisfied that aviation safety will be maintained at a level equivalent to that achieved by compliance with those requirements;
(2)to operate a foreign aircraft even if the certificate equivalent to the airworthiness certificate issued in respect of the aircraft was not issued in accordance with the requirements of the mandatory standards referred to in subsection (a1)(3); the Director shall not permit such operation unless every deviation from those requirements is noted in the said certificate or in another manner acceptable to the Director, and he is satisfied that aviation safety will be maintained at an acceptable level.
(a3)Notwithstanding the provisions of subsections (a) and (a1), where the state of the operator or the state of registration, as the case may be, has notified the International Aviation Organisation of a difference between the law applicable in that state and a provision of the mandatory standards applicable in accordance with the provisions of subsection (a), the Director may, at the request of the operator of the foreign aircraft, permit him to adopt alternative measures to that provision, if he is satisfied that the alternative measures will ensure the maintenance of aviation safety, its regularity or efficiency, at a level equivalent to that achieved by compliance with that provision, and that this does not conflict with the public interest.
(a4)Where, pursuant to the provisions of subsection (a), the provisions of the Convention and the mandatory standards do not apply to a foreign aircraft when in the territory of Israel, to its operation, to its aerial operator or to a crew member on it, the provisions of this Law shall apply in that matter with the necessary modifications and with the following modifications:
(1)Notwithstanding the provisions of sections 2, 6, 17, 56, 63, 64 and 74 – the Director may recognise a licence or certificate issued by the state of registration, and for the purposes of sections 17 and 74 – by the state of the operator, as equivalent to the licence or certificate required under those sections, if he is satisfied that aviation safety will be maintained at a level equivalent to that achieved by compliance with the provisions under this Law;
(2)Where the Director has recognised a licence or certificate pursuant to paragraph (1) –
(a)the provisions under sections 6, 9, 11, 23 to 25, 46, 56, 62, 63(d), 67(b) to (d), 68 – except in respect of aeronautical equipment that is navigation, communication and tracking equipment, 69 and 70, applicable in respect of the holder of an equivalent licence or certificate issued under this Law, shall not apply to the holder of the licence or certificate, and the laws of the state of registration shall apply in those matters;
(b)the provisions under sections 19 – except in respect of aeronautical equipment that is navigation, communication and tracking equipment – and 139 – except for the definition "safety information" – applicable in respect of the holder of an equivalent licence or certificate issued under this Law, shall not apply to the holder of the licence or certificate, and the laws of the state of the operator shall apply in those matters;
(c)section 67(a)(2) shall be read as if in place of the concluding words beginning with "as determined pursuant to section 63(b)(3)" there were substituted "as determined pursuant to the laws of the state of registration";
(3)Where a person has operated a foreign aircraft in the territory of Israel otherwise than in accordance with the conditions of a licence or certificate recognised pursuant to paragraph (1), or otherwise than in accordance with the laws of the state of registration or the state of the operator applicable to him pursuant to paragraph (2), that person shall be regarded, for the purposes of Chapters IX and X, as having violated a condition of an equivalent licence or certificate issued under this Law;
(4)Notwithstanding the provisions of paragraph (1), where an international convention to which Israel is a party has conferred a right to operate a foreign aircraft in the territory of Israel, and under the laws of the state of registration or the state of the operator of the foreign aircraft its operation does not require a licence or certificate equivalent to those required under the sections enumerated in paragraph (1), the Director may, at the request of the operator of the foreign aircraft, permit him to adopt alternative measures, if he is satisfied that those measures will ensure the maintenance of aviation safety at a level equivalent to that achieved by means of compliance with the licence or certificate.
(b)The Minister may prescribe provisions and conditions in respect of the regular operation of a foreign aircraft in the territory of Israel.
Unregistered aircraft§
174.
(a)No person shall operate in the territory of Israel an aircraft that is not registered in the State of Israel or in a member state and is not a foreign state aircraft within the meaning of section 175, except with the approval of the Director and in accordance with the conditions of the approval; the provisions of this subsection shall not apply to a flight crew member acting on behalf of the holder of an air operator licence.
(b)The Director shall not grant approval as referred to in subsection (a) except to an aerial operator who has proved, to the satisfaction of the Director, that the state in which his principal place of business is situated, or if he has no principal place of business – the state in which his permanent place of residence is situated, implements standards that maintain an adequate level of safety; where the Director has granted such approval, the aircraft in respect of which the approval was granted shall, for the purposes of the application of the provisions under this Law, be regarded as a foreign aircraft, and the said state shall be regarded as the state of registration of the aircraft and as the state of the operator thereof.
Foreign state aircraft – limitation on application§
175.
(a)No person shall operate in the territory of Israel an aircraft that has been permanently or temporarily assigned to the non-commercial governmental service of a member state, that is owned by that state or operated by it, including an aircraft serving in the military, customs or police service of that state (State Aircraft) (in this section – a foreign state aircraft), except with an approval from the competent authority granted in respect of that aircraft and in accordance with the conditions of the approval, provided that the approval is on the aircraft for as long as it is within the aviation control airspace of Israel.
(b)An aerial operator as referred to in subsection (a) who has received an approval as referred to in that subsection shall be exempt from the provisions under this Law, subject to the conditions of the approval.
(c)In this section, "the competent authority" – each of the following:
(1)In respect of a foreign state aircraft invited by the Israel Defence Forces for security reasons or for the purposes of joint training exercises or for another military purpose – the Commander of the Air Force of the Israel Defence Forces;
(2)In respect of a foreign state aircraft that has not been invited as referred to in paragraph (1) – the Director.
Transfer of powers and duties from the state of registration to the state of the operator – application of laws§
176.
(a)Where an agreement has been concluded between the Authority and the competent authority in that regard in a member state pursuant to article 83BIS of the Convention, under which the powers and duties in the matters detailed in that article are transferred, in whole or in part, from the state of registration to the state of the operator, the following provisions shall apply:
(1)Where the State of Israel is the state of registration of an aircraft to which the agreement applies – that aircraft shall be regarded as a foreign aircraft whose state of registration is the member state, for the purposes of the law applicable in the matters regulated by the agreement;
(2)Where the State of Israel is the state of the operator of an aircraft to which the agreement applies – that aircraft shall be regarded as an Israeli aircraft for the purposes of the law applicable in the matters regulated by the agreement.
(b)The provisions of paragraphs (1) and (2) of subsection (a) shall not apply as against a member state that is not a party to the agreement referred to in that subsection, unless one of the following is satisfied:
(1)The agreement referred to in subsection (a) has been registered with the International Aviation Organisation and published, in accordance with the provisions of article 83BIS of the Convention;
(2)The existence of the agreement referred to in subsection (a) and the scope of its application have been brought to the knowledge of the other member state.
(c)Where an agreement has been concluded between authorities in member states in accordance with the provisions of article 83BIS of the Convention, under which the powers and duties in the matters detailed in that article are transferred, in whole or in part, from the state of registration to the state of the operator, and the agreement has been given effect as against the State of Israel pursuant to the provisions of that article, the state of the operator of an aircraft included in the agreement shall be regarded as its state of registration for the purposes of the law applicable in the matters regulated by the agreement.
Application to aircraft of the State of Israel§
177.
The provisions under this Law shall apply to an aircraft of the State of Israel and to aeronautical equipment belonging to such an aircraft, unless the Minister has determined otherwise and in accordance with the conditions he has determined.
Application to the Israel Police§
178.
(a)Subject to the provisions of subsections (b) and (c) and the modifications set out therein, the provisions under this Law shall not apply to the Israel Police, including in all matters relating to a police aircraft, to aviation equipment serving it, to a gliding craft of the Israel Police and to a flight crew member performing a function in connection with the operation of a police aircraft or in connection with the performance of maintenance operations on that aircraft, including an instructor for such a function, and also in all matters relating to the operation or management of police infrastructure.
(b)The provisions under Chapter I, under Sections A, B, D and H of Chapter II, except for section 12, under sections 44, 45, 46(a)(3) and (4) and 46(b), 47 and 48, under Sections A to C of Chapter III, except for sections 64 and 66, under sections 76(b), 95, 96 and 98 to 100, under Section H of Chapter VII, under sections 137 and 138, and under Chapters IX, XI, XIII and XIV, shall apply to the Israel Police with the following modifications:
(1)the provisions of sections 3(a)(1) and 5 shall not apply to a police officer performing a function referred to in section 2, in connection with the flying of a police aircraft;
(2)the authority of the Director under section 38 shall be exercised in relation to a flight crew member who is a police officer in the performance of his duty, in consultation with the Inspector General of the Israel Police or a person authorised by him for that purpose (in this subsection – the Inspector General);
(3)where an appeal under section 39 has been lodged by a flight crew member who is a police officer in the performance of his duty, the appeals committee shall not decide on the appeal except after having heard the Inspector General;
(4)the provisions under section 59(b) and (c)(2) concerning the registration of attachments shall not apply to aircraft of the Israel Police;
(5)the authority of the Director to restrict, suspend, cancel or refuse to renew a certificate of registration or a certificate of airworthiness issued in respect of a police aircraft, under sections 59(c)(5) or 63(e), as the case may be, and his authority to amend the registration of an aircraft of the Israel Police in the register of aircraft, to suspend it or to delete it, under section 59(c)(5), shall be exercised in consultation with the Inspector General;
(6)notwithstanding the provisions of section 61(a), registrations of aircraft of the Israel Police in the register of aircraft shall not be open to public inspection, and inspection thereof requires the consent of the Inspector General;
(7)the authority of the Director to disclose information from the register of aircraft under section 61(b) shall not apply to aircraft of the Israel Police;
(8)provisions under section 68, in relation to a police aircraft, shall be determined with the consent of the Minister for Internal Security;
(9)for the purposes of section 76(b), the authority of a pilot in command of a police aircraft to deviate from the provisions of any law in relation to the operation of the aircraft shall also be vested in him by reason of an essential operational need, to the extent required in the circumstances of the matter;
(10)powers under section 96 shall not be exercised against the Israel Police, except for powers under section 96(a)(1), (2) and (4), which shall be exercised subject to the provisions of subsection (c);
(11)the prosecution of a police officer for offences under section 142(a)(1), (7), (11), (12), (19) to (22), (25) to (30), (42), (43), (48) to (50) and 142(b)(2) committed in the performance of his duty shall require the approval of the Attorney General or a person authorised by him for that purpose;
(12)the authority of the Director to grant an exemption under section 165 shall be exercised in consultation with the Inspector General;
(13)Regulations under section 166 shall apply to the Israel Police subject to the limitations prescribed in this section;
(14)the authority of the Director to prescribe temporary provisions under section 167 shall be exercised subject to the limitations prescribed in this section;
(15)Regulations under section 168(a)(1), (2), (5) and (6) shall not apply;
(16)Regulations under section 168(a)(3) shall not apply in relation to restrictions on the use of an article or on its operation inside a police aircraft;
(17)Regulations under section 168(a)(7) shall apply subject to the limitations prescribed in this section.
(c)Powers under section 96(a)(1), (2) and (4) shall be exercised against the Israel Police subject to the provisions of section 96(b) and to the following qualifications:
(1)an inspector shall not exercise his powers under section 96(a)(1), (2) and (4) against the Israel Police except in accordance with the information security rules observed by the Israel Police, as shall be detailed in a procedure pursuant to paragraph (5);
(2)notwithstanding the provisions of section 96(a)(1), where an inspector has required a person to identify himself before him for the purpose of exercising his powers against the Israel Police at a facility held by the Israel Police, that person may refrain from presenting an identity document if doing so is liable to frustrate the exercise of his authority or to cause harm to his security or the security of another person; however, once the circumstances that prevented identification as aforesaid have ceased, that person shall comply with the inspector's requirement as soon as possible;
(3)notwithstanding the provisions of section 96(a)(2), where a document is of special sensitivity, it shall not be delivered to the inspector, provided that he shall be entitled to inspect it, as shall be detailed in a procedure pursuant to paragraph (5);
(4)notwithstanding the provisions of section 96(a)(4), the Inspector General may order the immediate entry of an inspector to a facility held by the Israel Police or to a part thereof to be delayed, if he found that entry at that time is liable to disrupt operational or intelligence activity or to disrupt a criminal investigation, or if hostile activity is taking place at the location; once the circumstances that prevented the entry of the inspector as aforesaid have ceased, his entry shall be permitted as soon as possible, in coordination between the Authority and the Israel Police; in this paragraph, "the Inspector General" – the Inspector General of the Israel Police, including a senior police officer as defined in the Police Ordinance [New Version], 5731-1971, authorised by him for that purpose;
(5)the Director and the Inspector General of the Israel Police shall agree on a procedure concerning the information security rules observed by the Israel Police that shall apply for the purposes of this subsection, and concerning the determination of documents as being of special sensitivity, the delay of the delivery of documents or the determination of times for their inspection in the event of concern regarding the disruption of operational or intelligence activity or the disruption of a criminal investigation, the manner of keeping such documents and ensuring inspector access thereto, inter alia in accordance with the relevant information security rules; notwithstanding the provisions of section 8(b) of the Civil Aviation Authority Law, the Director is not entitled to delegate his authority under this paragraph.
(d)The procedures of the Israel Police shall apply to the operation of a police aircraft while using civil infrastructure; such procedures shall be determined in consultation with the Director, having regard to the safety of civil aviation, and also having regard to the provisions of Section D of Chapter III and to the air traffic instructions prescribed under section 82, provided that the procedures shall ensure that –
(1)a police aircraft shall not be operated in contravention of the said air traffic instructions or of the flight rules and air traffic management rules prescribed under section 72, except by reason of an operational need in accordance with a decision of the commander of the aerial unit of the Israel Police, to the extent required in the circumstances of the matter and having regard to the safety of other aircraft operating in airspace;
(2)the operation of a police aircraft in contravention of the air traffic instructions or the flight rules and air traffic management rules referred to in paragraph (1) shall be carried out in advance coordination with the relevant ATC unit.
(e)The operation of a civil aircraft that is not a police aircraft, at or while using police infrastructure, as the case may be, requires the approval of the Director.
(f)This Law shall not apply to a gliding craft of the Israel Police, to an operator of such a gliding craft or to infrastructure serving their activity; the procedures of the Israel Police shall apply to the operation of a gliding craft of the Israel Police; such procedures shall be determined in consultation with the Director, having regard to the safety of civil aviation, and also having regard to the air traffic instructions prescribed under section 92, provided that the procedures shall ensure that –
(1)such a gliding craft shall not be operated in contravention of the said air traffic instructions, except by reason of an essential operational need in accordance with a decision of the operator of the gliding craft, to the extent required in the circumstances of the matter and having regard to the safety of other aircraft and gliding craft operating in airspace;
(2)the operation of such a gliding craft in contravention of the said air traffic instructions shall be carried out in advance coordination with the relevant ATC unit.
(g)The Minister, with the consent of the Minister for Internal Security, may prescribe additional provisions under this Law that shall apply to the Israel Police, without modifications or with modifications as he shall prescribe, including in relation to matters listed in subsection (a).
Application to the Israel Defence Forces§
179.
(a)The provisions under this Law, except for the provisions of Section G of Chapter VII and except for the provisions of section 136, shall not apply to the Israel Defence Forces, including in all matters relating to a military aircraft, to aviation equipment serving in a military aircraft, to a soldier performing a function referred to in section 2 in relation to a military aircraft, to the performance of maintenance operations and minor maintenance on a military aircraft, to the design and manufacture of a military aircraft and aviation equipment serving in a military aircraft, to the provision of air traffic services to such aircraft and to the operation or management of military infrastructure.
(b)The operation of a military aircraft while using civil infrastructure shall be carried out having regard to the safety of civil aviation and subject to security or operational need.
(c)The following provisions shall apply to the use of a civil aircraft at military infrastructure, including in airspace in which ATC services are provided by the Israel Defence Forces:
(1)the operation of a civil aircraft at a military airfield or landing strip that is military infrastructure requires the approval of the Director; the Director shall grant such approval only after being satisfied that the military airfield or the military landing strip, as the case may be, is prepared and suitable for the safe operation of a civil aircraft; a military airfield or landing strip that is military infrastructure whose data have been published within the framework of aeronautical information services shall be deemed to have been approved by the Director for the operation of a civil aircraft pursuant to this paragraph;
(2)the use of a civil aircraft at a navigational aid that is military infrastructure requires the approval of the Director; the Director shall grant such approval only after being satisfied that the facility is suitable for the safe operation of a civil aircraft; however, approval of a weather reporting facility that is military infrastructure shall be granted by the Director of the Meteorological Service, with the consent of the Director; a navigational aid that is military infrastructure whose data have been published within the framework of aeronautical information services shall be deemed to have been approved by the Director for the operation of a civil aircraft pursuant to this paragraph;
(3)the operation of a civil aircraft in airspace allocated to military aviation as referred to in section 80, including in airspace in which ATC services are provided by the Israel Defence Forces, requires advance approval from the military unit managing air traffic in that airspace, directly or through an ATC unit, and shall be conducted in accordance with its instructions; the military unit managing air traffic may give instructions to the operator of an aircraft that are contrary to the air traffic instructions and to the flight rules and air traffic management rules prescribed under section 72, if it found that this is justified in the circumstances of the matter;
(4)the Minister, with the consent of the Minister of Defence, shall issue a procedure prescribing the arrangements required for the granting of approval in accordance with paragraphs (1) and (2).
(d)The provisions under this Law shall not apply to a soldier in the performance of his duty who provides ATC services to civil aviation, and the following provisions shall apply:
(1)the provision of such services to international civil aviation by a soldier in the performance of his duty requires a licence from the Director; such a licence shall be granted pursuant to a procedure issued by the Director in consultation with the Commander of the Air Force of the Israel Defence Forces and having regard, as far as possible, to the provisions of Section A of Chapter II;
(2)the provision of such services to domestic civil aviation requires a permit from the Director; such a permit shall be granted pursuant to a procedure issued by the Director with the consent of the Commander of the Air Force of the Israel Defence Forces and having regard, as far as possible, to the provisions of Section A of Chapter II;
(3)the Minister, with the consent of the Minister of Defence, shall issue a procedure prescribing the arrangements required for the supervision of compliance with paragraphs (1) and (2).
(e)This Law shall not apply to a gliding craft of the Israel Defence Forces, to an operator of such a gliding craft or to infrastructure serving their activity.
(f)Powers under Chapter VI shall not be exercised against the Israel Defence Forces or against a soldier in the performance of his duty.
Chapter VII – Application§
180.
The provisions of Chapter VII shall apply to a safety occurrence that took place on the commencement date and thereafter.
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