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Registration of Civil Aircraft in Nepal: Process, Laws, and Requirements

Introduction
Civil aircraft—such as airplanes and helicopters used for commercial flights or private travel—must undergo an official registration process to be recognized by the Civil Aviation Authority of Nepal (CAAN). This process is governed under the Civil Aviation Rules and ensures lawful operation within Nepalese airspace.

1. Legal Framework Governing Civil Aircraft Registration in Nepal

The Civil Aviation Rules, 2058 (2002) serve as the primary legal basis for registering civil aircraft in Nepal. Rule 3 specifies that aircraft operations cannot commence without proper certification or permits. Additionally, the Nepal Civil Aviation Authority Act acts as the parent legislation for civil aviation governance, under which CAAN functions as the regulatory authority overseeing aircraft certification.

2. Conditions and Prerequisites for Aircraft Registration in Nepal

For an aircraft to operate within Nepal, it must be registered domestically and must possess a Certificate of Registration issued by the Director General of CAAN. Foreign-registered aircraft may be permitted to operate in Nepal, but they are not eligible for domestic registration.

Certain types of aircraft are exempt from registration requirements, such as:

1. Tethered and meteorological balloons
2. Kites, rockets, gyrogliders, parasails
3. Model aircraft (control line/free flight)
4. Hang gliders and parachutes
5. Unmanned aircraft, subject to Director general oversight.

Another important restriction relates to dual registration—an aircraft cannot be registered in Nepal if it is already registered in another country. Additionally, all aircraft operating within Nepalese airspace must fully adhere to the regulatory standards set by the Civil Aviation Authority of Nepal (CAAN).

3. Aircraft Registration Procedure in Nepal

The Civil Aviation Authority of Nepal (CAAN) is the responsible authority for overseeing aircraft registration within Nepal. It is mandated to maintain the Nepalese Civil Aircraft Register, which must be kept up to date. The required documents for the registration process are specified accordingly.

To ensure the register’s accuracy, it must be regularly updated to reflect new registrations, changes in ownership, cancellations, and any corrections of previously identified errors. This register is maintained at the CAAN Department of Flight Safety Standards. Moreover, the general public may access the register through the Internet or other suitable electronic platforms.

In Nepal, aircraft registration may be denied or canceled under certain conditions. If an aircraft is registered in a foreign country and its registration remains active after being registered in Nepal, the Director General has the authority to take necessary action.

The registration may be denied or revoked if:

The aircraft, or a part of it, is owned by an individual who does not meet the required qualifications.

Registering the aircraft is not in the public interest.

The aircraft is currently owned by the Nepalese Army, Nepal Police, or Nepal Customs.

The aircraft exceeds the maximum permissible age or usage limit as set forth in the National Civil Aviation Policy of the Government of Nepal.

According to Nepalese Civil Airworthiness Requirements (NCAR) Chapter B.1, the aircraft does not have a valid Nepalese Type Acceptance Certificate, and there is no plan to transfer the associated technology to the personnel of the relevant Air Service Operation Organization or CAAN.

4. Validity of Aircraft Registration Certificate

The aircraft registration process begins when the Civil Aviation Authority of Nepal (CAAN) receives a properly filled application from an eligible applicant. Following this, the aircraft is officially entered into the Civil Aircraft Register maintained by the Civil Aviation Registry.

Once the registration is successfully completed, the Director General issues a Certificate of Registration to the aircraft’s registered owner. This certificate follows a specific format and wording as prescribed. The size or dimensions of the certificate are determined by CAAN, and it is issued exclusively in the English language.

It is important to note that the registration process and the subsequent inclusion in the Civil Aircraft Register do not automatically establish or imply ownership of the aircraft. The Certificate of Registration alone does not serve as definitive proof of legal or beneficial ownership of the aircraft.

Additionally, the Director General is obligated to provide information regarding the registration and ownership details of any aircraft registered in Nepal to other International Civil Aviation Organization (ICAO) Contracting States or to ICAO itself, upon their request.

Moreover, if an aircraft is newly added to the Civil Aircraft Register as the first of its type, it becomes the responsibility of the Director General to notify the State of Design and/or the State of Manufacture about the aircraft’s registration in Nepal.

5. Assignment of Aircraft Registration Marks

To request the assignment of a registration mark for the importation of an aircraft, the owner or operator must submit the following documents to CAA Nepal along with the application:

1. Lease, Purchase, or Sale Agreement:
   In cases involving lease or lease-purchase arrangements, approval of the lease agreement by CAAN is required.
2. Certificate of Acceptance for Types:
   Documents verifying that the aircraft type has been accepted.
3. Aircraft Specifications:
   A comprehensive set of specifications for the aircraft.
4. Proof of Ownership:Documentation providing evidence of ownership of the aircraft.
5. Current Location of the Aircraft:Information specifying the present physical location of the aircraft.
6. Inclusion of the Proposed Aircraft Type in the License:The license granted by the Ministry of Culture, Tourism, and Civil Aviation must reflect the proposed aircraft fleet type.
7. Date of Manufacture:Details regarding the aircraft’s manufacturing date, ensuring adherence to the current Civil Aviation Policy in relation to aircraft age, flight cycles, operational hours, and similar criteria.
8. Other Required Documents:
   Any other relevant documents that may be requested by the Director General must also be submitted.

6. Ownership Transfer of Registered Aircraft

The current registered owner must promptly inform CAAN in writing of any changes to the details provided in the registration application, the destruction or permanent withdrawal of the aircraft, or the termination of a lease agreement. Additionally, if the ownership of a registered aircraft is transferred, a written notice must be submitted to CAAN within fifteen days of the transfer.

If an individual who does not meet the necessary qualifications acquires full or partial ownership of the aircraft, the registration becomes invalid, and the certificate of registration must be returned to CAAN. To update the name or address of the owner or operator, the holder of the certificate of registration must submit a formal application.

When the aircraft is registered under a corporation or company, the required documentation includes certified true copies of proof of name change in line with the Company Act and a voucher confirming payment of the applicable fee to CAAN for amending the Certificate of Registration.

In the event of a transfer of the aircraft from one operator to another, the current owner must submit a petition to the Director General along with supporting documentation, including the new operator’s operating permit or certificate and authorization for continuing airworthiness management. Ownership transfer is only recognized when the Director General receives the application from the current owner and identifies a new eligible owner.

The Transfer of Ownership Application must include:

A properly formatted application signed by both the current and new qualified owners.

The original Certificate of Registration.

Mortgagee’s consent, if applicable.

Proof of full payment of all dues to CAAN.

A copy of the voucher for the prescribed fee.

The contract or agreement executed between both parties.