Certain amendments are made in SHY-22 with the Regulation Amending the Regulation on Airports/Airfields Ground Services (SHY-22), published in the Official Gazette dated August 23, 2022, and numbered 31932.
Article 11/1/c of SHY-22 regulating passenger transportation to airports, has been amended once again. With the new addition, organizations to provide public transportation services are exempted from approval of the Ministry of Transport and Infrastructure.
Article 11/1/c of SHY-22 regarding passenger transportation to airports has been amended many times in recent years. Even, in 2017, the Ministry transferred its authority regarding regulation of transportation activities between the airport and the city terminal to DHMI. However, the 8th Chamber of the Council of State1 of revoked such change on the grounds that that (i) municipalities are actually authorized to allow, license and supervise passenger transport activities that are in the nature of urban transportation services provided that these are within the provincial boundaries, (ii) the Ministry’s authority regarding regulation of the transportation activity between the airport and the city terminal within the scope of the Article 43 of the Civil Aviation Law No. 2920 was exceptional and (iii) there was no legal regulation that would enable the transfer of this authority.
Moreover, the circulars regarding air + road combined passenger transportation issued by the Ministry in accordance with Article 11/1/c of SHY-22 were brought to courts also many times. The provisions of the circular transferring the authorities of the municipalities to the airport operations were similarly revoked2.
As is seen, there has been an ongoing conflict between the municipalities and the Ministry regarding passenger transportation to airports for many years.
Before the amendment, operation of transportation between the provinces and districts, city centers, city terminal and/or terminals in the vicinity of the airport/airfield could be carried out with Ministry’s approval. However, through this new amendment, organizations that are authorized to provide public transportation services on the above-mentioned routes according to relevant legislation, are not required to obtain the Ministry’s approval anymore.
Accordingly, organizations that wish to provide public transportation services to airports may carry out this service, receiving permission from relevant municipalities.