By virtue of the powers conferred by Law N\u00b0491-06<\/strong><\/a> <\/strong>on Civil Aviation of the Dominican Republic and its reforms, the Dominican Institute of Civil Aviation (IDAC) has submitted for public consultation a series of Development or Amendment Proposals (PDE) to the Dominican Aeronautical Regulations (RAD), through its SIAGA system[1]<\/a>, among other means. These include: RAD 20 Administrative Sanctions (version 3.0)<\/a>, Meteorological Service for International Air Navigation (version 5.0)<\/a>, <\/strong>and RAD 11 Air Transit Services (version 9.0)<\/a>. <\/p>\n\n As indicated, these initiatives respond both to the need for technical updating derived from the amendments issued by the International Civil Aviation Organization (ICAO), and to internal reforms motivated by national legislative modifications, including Law N\u00b017-24,<\/strong> which introduces substantive changes to the aeronautical legal regime. Also as part of the system adopted by the Open Skies Agreement with the United States<\/a>. <\/p>\n\n The analysis of the elaboration procedure of these regulatory projects, as well as their substantive content, reveals a clear intention to adjust the procedure for their enactment, as well as for the sanctioning administrative procedure, to the principles and guarantees established in Law N\u00b0107-13<\/strong><\/a> on the Rights of Persons in their Relations with the Public Administration and Administrative Procedure.<\/p>\n\n Consistent with the Dominican Constitution<\/a>, Law N\u00b0107-2013<\/strong><\/a> <\/strong>constitutes the general legal regime that regulates the actions of the Public Administration in the Dominican Republic, both for the enactment of regulations such as the RAD, and for the exercise of the sanctioning power and application of the sanctioning administrative procedure, to which we will refer briefly on this occasion. Consequently, it establishes guiding principles of transversal application, such as legality, transparency, participation, motivation, good administration, simplification and responsibility, which are fully enforceable in the administrative sanctioning procedures under the responsibility of IDAC, in accordance with Law N\u00b0491-2006 <\/strong> and modified or expanded by Law N\u00b017-24.<\/strong> Therefore, all normative actions of the governing body of civil aviation must observe these principles, even in the specialized technical field. <\/p>\n\n 1.Citizen participation and right to a hearing However, it does not indicate whether a formal hearing procedure is contemplated, nor does it guarantee the weighting of the proposals received for their eventual inclusion. Law N\u00b0107-2013<\/strong><\/a>,<\/strong> in its articles 3 and 15, recognizes the right of individuals to actively participate in the administrative procedures that affect them, which requires more robust mechanisms than mere digital publication. Participation implies institutional activism, and its design must include channels that allow the intervention of specialized sectors, such as academia, in addition to technical associations and legal operators. It is important that calls for this medium indicate the entire program contemplated to guarantee full citizen participation in these processes, including the hearing. <\/p>\n\n Even, from a regulation that we usually take as a reference in aviation matters, such as the American one, it contemplates the public hearing when a person requests it. In this sense, the CFR (Code of Federal Regulations), in 14 CFR \u00a7 11.39[2]<\/a>, establishes that any person can participate in the process of developing rules, such as those of the FAA through: written comments on any regulatory document, request for public meetings and petitions to create, modify or eliminate regulations. <\/p>\n\n This may be a procedure already contemplated. However, when it is sent without this information, it gives rise to questions and recommendations. It is therefore recommended that, in addition to contemplating it, a schedule of participation, face-to-face or virtual consultation sessions, and the systematization of the observations received, available and visible to all actors, be published by all means. <\/p>\n\n 2.Motivation of normative acts 3.Principle of good administration 4.Access to information and active publicity IV. Administrative simplification In this same measure, it is important that the terms contemplated in the regulation for the instruction, investigation and application of administrative sanctions are adjusted and do not contravene the provisions of the laws and comply with the principles of celerity. Any term that contravenes Law N\u00b0491-2006 <\/strong> and Law N\u00b0107-2013<\/strong><\/a> would make the regulation voidable in this part. <\/p>\n\n V. Administrative responsibility VI. Ex post regulatory analysis and impact <\/p>\n\n Similarly, in addition to all the aspects that must be contemplated during the procedure for the elaboration of the regulations, an ex post analysis of the regulatory impact of the norm must be weighed and planned from now on, from which needs for modifications, corrections and new regulations are revealed, in accordance with the provisions of Law N\u00b0167-2021<\/a>.<\/p>\n\n The initiative to review and update the Dominican Aeronautical Regulations (RAD) represents a significant step towards the consolidation of a modern, transparent regulatory framework aligned with international standards. The opening of the process to public consultation, through platforms such as SIAGA, reflects an institutional commitment to citizen participation, continuous improvement and the construction of a safer, more efficient and democratic civil aviation. <\/p>\n\n These normative proposals not only respond to technical and legal requirements, but also demonstrate a willingness to adapt to the new challenges of the sector, in accordance with the principles of good administration and respect for fundamental rights. In this sense, the process initiated by the Dominican Institute of Civil Aviation (IDAC) should be valued as an opportunity to strengthen institutionality, promote technical and legal dialogue, and advance towards a more robust and legitimate aeronautical regulation. <\/p>\n\n We trust that this normative effort will contribute to raising the standards of operational safety, regulatory efficiency and protection of rights, consolidating the Dominican Republic as a regional benchmark in civil aviation.<\/p>\n\nII. Applicable regulatory framework <\/h2>\n\n
III. Critical analysis of the RAD projects <\/h2>\n\n
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