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October 11, 2014In force

Creation of the Honduran Civil Aeronautics Agency

Poder Ejecutivo

  • Decree: 266-2013
  • Published: October 11, 2014
  • Issuing body: Poder Ejecutivo
  • Gazette: 33,553
  • Category: Administrative

Summary

AIThis summary was generated by AI and may contain errors. Always verify against the original law text below. Not legal advice. Learn how we use AI

This decree creates the Honduran Civil Aviation Agency as a specialized institution to regulate and oversee civil aviation in Honduras. It replaces the former General Directorate and has autonomy to enforce laws, train professionals, meet international standards, and develop aviation safety programs that benefit passengers and strengthen national tourism.

Considerations

Whereas in accordance with Article 235 of the Constitution of the Republic, the President of the Republic exercises the executive power in representation and for the benefit of the People.

Whereas it is an attribution of the President of the Republic to direct the economic and financial policy of the State, to create and maintain public services, and to take necessary measures for their proper functioning.

Whereas in accordance with Article 11 of the General Law of Public Administration, the President of the Republic is in charge of the supreme direction and coordination of Centralized and Decentralized Public Administration, and may in the exercise of his functions act alone or in Council of State Secretaries.

Whereas Article 13, as amended by Legislative Decree 266-2013, published on January 23, 2014, of the General Law of Public Administration, establishes that the President of the Republic may create commissions composed of public officials.

Whereas according to Article 3 of the General Law of Public Administration, as amended by Decree 266-2013, the creation, modification, or suppression of the organs of Public Administration, including Deconcentrated organs and Decentralized Institutions, may only be done after prior definition of the public objective to be satisfied when its feasibility is verified—considering the cost of its operation, specialized performance, or anticipated savings.

Whereas according to Article 4 of the General Law of Public Administration, as amended by Decree 266-2013, the creation, modification, or suspension of the State Secretariats or of deconcentrated organisms or entities may only be made by the President of the Republic in Council of State Secretaries.

Whereas there exist international norms contained in standards that must be complied with by State parties and it is the duty of the State of Honduras to guarantee their compliance, as well as among others and to achieve the country's development, in function of increasing the country's credibility as an air travel tourist destination.

Whereas currently there exists the 'Law of Civil Aeronautics,' initially issued by Decree No. 146 dated September 3, 1957 and published in 'La Gaceta,' the Official Newspaper of the Republic, in its number 16,314 dated October 24 of the same year, which after decades required being replaced by a new Law contained in Legislative Decree No. 55 of the year 2004, wherein the General Directorate of Civil Aeronautics (DGAC) was created.

Whereas the General Directorate of Civil Aeronautics (DGAC) has been limited in the fulfillment of the standards referred to above, as well as the gap in the generation of new professionals within the country, having to date to invest in courses, internships, and the like, to professionalize its teams abroad, without capitalizing that knowledge for the training of new professionals.

Whereas the State of Honduras is committed to establishing the norms and principles so that civil aviation may develop in a safe and regulated manner and so that air transport services may be established on a basis of equality of opportunity and be conducted in a sound and economical manner.

Whereas it is necessary to foster the organization and development of air transport in order to achieve the constant and orderly development that our country requires in the area of general aviation and in function of the transport and tourism sectors.

Articles

Article 1.-

THE HONDURAN AGENCY FOR CIVIL AERONAUTICS is created as a decentralized entity of the Secretariat of Infrastructure and Public Services (INSEP), with technical, administrative and financial autonomy. Its budget execution shall be under the SIAFI payment system regime of the Secretariat of Finance. Its domicile shall be the capital of the Republic and it may establish offices in any location within the national territory. The Agency shall coordinate its actions with the Secretariats of State in the Offices of Security and Defense.

Article 2.-

It is the responsibility of THE HONDURAN AGENCY FOR CIVIL AERONAUTICS to enforce the Law of Civil Aeronautics, created by Legislative Decree Number 55-2004 and its Regulations, as well as to execute actions aimed at incorporating the academic element for the continuous training of new professionals within the country.

Article 3.-

THE HONDURAN AGENCY FOR CIVIL AERONAUTICS must promote the establishment of strategic alliances with the Central American Corporation for Air Navigation Services (COCESNA) that enable the execution of programs and projects aimed at improving the qualification of its operators, aircraft, flights and other related matters, in accordance with international standards, both at the Central Office of the Central American Corporation for Air Navigation Services (COCESNA), as well as alliances to institutionalize training and capacity building through an Academy located in our country.

Article 4.-

THE HONDURAN AGENCY FOR CIVIL AERONAUTICS shall be headed by one (1) Director and one Subdirector who shall be appointed by the President of the Republic, who must be Hondurans by birth, with recognized honesty and academic preparation and proven and certified labor experience in the relevant matters.

Article 5.-

The attributions of the Direction of the Agency are:

  • a)

    To take the necessary actions in order to enforce the Law of Civil Aeronautics, contained in Executive Decree 55-2004 and to formulate and propose plans, programs or projects to its superiors that strengthen the institution, ensure compliance with standards and develop in a systematic way human capital in matters of competence;

  • b)

    To ensure compliance with the Law of Civil Aeronautics and its Regulation, as well as the integration and functioning of the Civil Aeronautic Council (CAN) established in the Law of Civil Aeronautics;

  • c)

    To promote the development of alliances for faithful compliance with the provisions established in Article No. 3 of this Executive Decree, with respect to training and permanent development, both outside and within the country;

  • d)

    To adopt and apply the necessary measures to ensure compliance with international norms in the field of civil aeronautics;

  • e)

    To prepare the Institutional Strategic Plan and its operational plans;

  • f)

    To approve Agreements within its area of competence;

  • g)

    To select, hire and rehire personnel through competitive process and application of trust evaluation tests;

  • h)

    To represent the Institution in national and international forums on the subject that are held;

  • i)

    Other functions inherent to its management role.

Article 6.-

For its operation, administration and functioning, THE HONDURAN AGENCY FOR CIVIL AERONAUTICS shall have the administrative, technical and operational units that are necessary and created following technical and financial justification. Personnel shall be selected through competitive process and applying trust evaluation tests. TRANSITIONAL PROVISIONS:

Article 7.-

The Office of the General Director of Civil Aeronautics is abolished and is replaced by THE HONDURAN AGENCY FOR CIVIL AERONAUTICS, which is created by this Executive Decree.

Article 8.-

A Transition Commission is created that is composed of the following authorities:

  • 1)

    The Secretary of State in the Office of Defense, who shall preside;

  • 2)

    The Commander of the Honduran Air Force; This Transition Commission must carry out the administrative structuring of THE HONDURAN AGENCY FOR CIVIL AERONAUTICS, for which purpose it shall conduct the evaluation, application of trust tests and the liquidation of existing personnel, as appropriate, from the abolished Office of the General Director of Civil Aeronautics, as well as the classification and hiring of new personnel. This Commission shall execute its mission within a period of forty-five (45) calendar days.

Article 9.-

The Secretariat of Infrastructure and Public Services is authorized to transfer to THE HONDURAN AGENCY FOR CIVIL AERONAUTICS all documentation, computer systems, passive assets, resources, movable and immovable property and other items currently assigned to the Office of the General Director of Civil Aeronautics, with the accompaniment and certification of the Office of the General Director of National Property.

Article 10.-

The Secretariat of Finance is authorized to transfer to THE HONDURAN AGENCY FOR CIVIL AERONAUTICS the budget items established in the laws and regulations assigned to the Office of the General Director of Civil Aeronautics.

Article 11.-

When the Law, Executive Decrees, Regulations or current norms refer to the Office of the General Director of Civil Aeronautics it shall be understood as THE HONDURAN AGENCY FOR CIVIL AERONAUTICS.

Article 12.-

Normative provisions of the same rank that oppose this Executive Decree are repealed.

Article 13.-

This Decree enters into force on the day of its publication in the Official Gazette "La Gaceta".

Notes

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