GEN 4.2  AIR NAVIGATION SERVICE CHARGES

4.2.1  Air Navigation Facility Charges

4.2.1.1  Air Navigation Facility Charges shall be payable in respect of each flight through airspace within the boundaries of the Kuala Lumpur and Kota Kinabalu Flight Information Regions. Every flight through the airspace within the boundaries of Kuala Lumpur and Kota Kinabalu Flight Information Regions shall be subject to an air navigation facility charge which shall be payable to the Authority at the rates specified in the Civil Aviation (Fees and Charges) Regulations 2016.
4.2.1.2  Aircraft Weight

Air navigation facility charges shall not apply to:

  1. any official aircraft of the Federal Government or Government of any state in Malaysia, including a military aircraft;

  2. any official aircraft of Heads of State, Ministers and other dignitaries visiting Malaysia as state guests on the basis of reciprocity;

  3. any specified aircraft operated by a flying club which has, in the case of an aerodrome managed and operated by the Authority, been approved for the purpose of this regulation by the Authority if the flight preceding the landing or following the take-off, as the case may be, has not been for hire or reward or for any purpose other than flying for the club;

  4. any aircraft engaged in search and rescue operations;

  5. any aircraft which is required to return to the airport of departure or to an alternate airport due to malfunctioning of the aircraft equipment, closure of the destination airport after the departure of the aircraft other circumstances beyond the control of the operator;

  6. flights between two unattended landing grounds;

  7. flights remaining within the aerodrome control zone or within a radius of five miles from the aerodrome or within a designated adjacent training area; or

  8. any other aircraft or classes of aircrafts as may be determined by the Authority.

4.2.1.2.1 The weight of the aircraft shall be the maximum permissible take-off weight as indicated in the Certificate of Airworthiness.
4.2.1.3  Exemptions
4.2.1.3.1 The following classes of aircraft are exempted from payment of Air Navigation Facility Charges:
  1. official aircraft of the Federal or a State Government, including military aircraft;

  2. official aircraft of Heads of State, Ministers and other dignitaries visiting Malaysia as State Guests;

  3. specified aircraft operated by Flying Clubs in Malaysia approved for the purpose of this Regulation by the Director General if the flight preceding the landing or following the take-off, as the case may be, has not been for the hire or reward or for any purpose other than club flying;

  4. aircraft engaged in search and rescue missions or exercise;

  5. aircraft which are required to return to the airport of departure or to an alternate airport due to circumstances beyond the control of the operator, such as malfunctioning of the aircraft equipment or closure of the destination airport after the departure of the aircraft;

  6. such other aircraft or classes of aircraft as the Director General may approve;

  7. flights between two unattended landing grounds;

  8. flights remaining within the aerodrome control zone or within a radius of 5 miles from the airport or within a designated adjacent training area.

4.2.1.4  Reductions
4.2.1.4.1 A reduction of 50 percent of the Air Navigation Facility Charge shall be applicable to flights between an airport and an unattended landing ground, in either direction.
4.2.1.5  Facilities Not Available
4.2.1.5.1 No abatement of the scale of charges shall be allowed in the event of any airport or air navigation service or other facility being unavailable.
4.2.1.6  Payment Of Charges
4.2.1.6.1 Unless prior arrangements have been made with the Director General:
  1. All charges made under these regulations shall be paid prior to the departure of the aircraft from the airport of landing;

  2. Air Navigation Facility Charges for a flight to be undertaken shall be paid in advance of such flight.

4.2.1.6.2 The Director General may refuse to permit an aircraft to depart from the airport until all charges due under these Regulations have been paid.
4.2.1.6.3 Air Navigation Facility Charges for a flight which does not land at an airport in Malaysia shall be a debt due to the Government by the owner, the operator or the person in command of the aircraft.
4.2.1.6.4 All charges levied under these regulations not payable in advance shall be payable within 30 days of demand after which interest shall accrue at the rate of 1 percent per month or part thereof.