STATUTORY INSTRUMENTS

SUPPLEMENT No. 13                                                                                      4th May, 2012

STATUTORY INSTRUMENTS SUPPLEMENT

to The Uganda Gazette No. 23 Volume CIV dated 4th May, 2012 Printed by UPPC, Entebbe, by Order of the Government.

STATUTORY INSTRUMENTS

2012 No. 29.

THE CIVIL AVIATION (AIRCRAFT REGISTRATION AND MARKING)

REGULATIONS, 2012.

ARRANGEMENTS OF REGULATIONS

Part I—Preliminary

Regulation

1. Title.
2. Interpretation.

Part II—Aircraft Registration Requirements 3. General. 4. Eligibility for registration. 5. Application for registration of aircraft. 6. Registration of aircraft. 7. Certificate of registration. 8. Change of registration or ownership particulars. 9. De-registration.

Part III—Nationality And Registration Marks

 

10. Marking and manner of affixation.
11. Display of marks.
12. Location of marks.

Regulation

13. Measurement of marks.
14. Types of characters for nationality and registration marks.
15. Deviations for size and location of marks.
16. Removal of marks.
17. Identification plate required.

Part IV—General Provisions.

18. Inspection of certificate of registration.
19. Change of name.
20. Change of address.
21. Replacement of Certificate.
22. Certificate suspension and revocations.
23. Use and retention of certificates and records.
24. Reports of violation.
25. Enforcement of directions.
26. Aeronautical user fees.
27. Application of regulations to Government and visiting forces, etc. Part V—Extraterritorial Application of Regulations.
28. Extra-territorial application of Regulations.

Part VI—Offences And Penalties.

29. Contravention of Regulations.
30. Penalties.
31. Revocation and savings.

SCHEDULES

FIRST SCHEDULE—Classification of Aircraft.

SECOND SCHEDULE—Penalties.

STATUTORY INSTRUMENTS

2012 No. 29. The Civil Aviation (Aircraft Registration and Marking) Regulations, 2012.

(Under sections 34(2) and 61 of the Civil Aviation Authority Act, Cap 354)

In exercise of the powers conferred on the Minister by sections 34(2) and 61 of the Civil Aviation Authority Act, Cap 354, and on the recommendation of the Civil Aviation Authority, these Regulations are made this 5th day of May, 2011.

Part I—Preliminary.

1. Title.

These Regulations may be cited as the Civil Aviation (Aircraft Registration and Marking) Regulations, 2012.

2. Interpretation.

in these Regulations, unless the context otherwise requires—

“aeroplane” means a power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight;

“aircraft” means any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth’s surface;

“airship” means a power-driven lighter-than-air aircraft;

“Authority” means the Civil Aviation Authority;

“balloon” means a non-power-driven lighter-than-air aircraft;

“commercial air transport” means an aircraft operation involving the transport of passengers, cargo, or mail for remuneration or hire;

“Contracting State” means a state that is a signatory to the Convention on International Civil Aviation;

“currency point” is equivalent to twenty thousand Uganda shillings;

“fireproof material” means a material capable of withstanding heat as well or better than steel when the dimensions in both cases are appropriate for the specific purpose;

“glider” means a non-power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces, which remain fixed under given conditions of flight;

“gyroplane” means a heavier-than-air aircraft, deriving its lift in flight by the reactions of the air on one or more rotors which rotate freely on substantially vertical axes;

“heavier-than-air aircraft” means any aircraft deriving its lift in flight chiefly from aerodynamic forces;

“helicopter” means a heavier-than-air aircraft supported in flight chiefly by the reactions of the air on one or more power-driven rotors on substantially vertical axis;

“lighter-than-air” aircraft means any aircraft supported chiefly by its buoyancy in the air;

“ornithopter” means heavier-than-air aircraft supported in flight chiefly by reactions of the air on planes to which a flapping motion is imparted;

“rotorcraft” means a power-driven heavier-than-air aircraft supported in flight by the reactions of the air on one or more rotors;

“sea plane” means an aeroplane equipped with floats or other devices enabling it to land and take off from the surface of water.

Part II—Aircraft Registration Requirements.

3. General.

1. A person shall not operate an aircraft, as classified in the First Schedule to these Regulations, within or fly over Uganda unless—

1. for an aircraft eligible for registration under the laws of Uganda, the aircraft has been registered by its owner in accordance with these Regulations and the Authority has issued a certificate of registration for that aircraft which shall be carried aboard that aircraft for all operations; or
2. it is registered in—

1. a Contracting State to the Convention on International Civil Aviation;
2. some other State in relation to which there is in force an agreement between the Government of Uganda and the Government of that State which makes provisions for the flight over Uganda of aircraft registered in that State.

2. Subject to this Regulation, an aircraft shall not be registered or continue to be registered in Uganda where—

1. the aircraft is registered outside of Uganda;
2. an unqualified person is entitled as owner to any legal or beneficial interest in the aircraft or to any share therein; or
3. it would be inexpedient in the public interest for the aircraft to be or to continue to be registered in Uganda.
4. the aircraft does not qualify to be issued with a certificate of airworthiness as specified in the Civil Aviation (Airworthiness) Regulations, 2012.

3. A person shall not operate or fly an aircraft unless it bears painted thereon or affixed thereto, in the manner required by the law of the State in which it is registered, the nationality and registration marks required by that law.
4. An aircraft shall not bear any marks which purport to indicate that the aircraft is—

1. registered in a State in which it is not in fact registered; or
2. a State aircraft of a particular State if it is not in fact such an aircraft unless the appropriate authority of that State has sanctioned the bearing of such marks.

5. The Authority shall be responsible for the registration of aircraft in Uganda and shall maintain a register on its premises and shall record in it the particulars specified in Regulation 6.

4. Eligibility for registration.

1. An aircraft is eligible for registration if it is—

1. owned by a citizen of Uganda, an individual citizen of a foreign State who is lawfully admitted for residency in Uganda, a corporation lawfully organized and doing business under the laws of Uganda, or a government entity of Uganda; and
2. not registered under the laws of any foreign country.

2. The following persons shall be qualified to be the owners of a legal or beneficial interest in an aircraft registered in Uganda, or a share ther—

1. the Government of Uganda;
2. citizens of Uganda or persons bona fide resident in Uganda;
3. such other persons as the Authority may approve, on condition that the aircraft is not used for commercial air transport, flying training or aerial work and such other conditions as the Authority may specify; and
4. bodies corporate—

1. established under subject laws of Uganda; or
2. established under and subject to the laws of such country as the Authority may approve.

3. if an unqualified person residing or having a place of business in Uganda is entitled as owner to a legal or beneficial interest in an aircraft, or a share therein, the Authority, upon being satisfied that the aircraft may otherwise be properly registered, may register the aircraft in Uganda and that person shall not cause or permit the aircraft while it is registered in pursuance of this sub-regulation to be used for the purpose of commercial air transport operations or aerial work.
4. if an aircraft is leased or is the subject of a lease, charter or hire purchase agreement to a person qualified under sub-regulation (2), the Authority may, whether or not an unqualified person is entitled as owner to a legal or beneficial interest therein, register the aircraft in the names of the parties to the charter or hire purchase agreement upon being satisfied that the aircraft may otherwise remain so registered during the continuation of the lease, charter or hire-purchase agreement.

5. Application for registration of aircraft.

1. A person who wishes to register an aircraft in Uganda shall submit an application for aircraft registration to the Authority for registration on a form prescribed by the Authority. Each application shall—

1. certify as to the citizenship of the applicant;
2. show evidence identifying ownership; and
3. be signed in ink.

2. The application for aircraft registration shall be submitted with the prescribed fee to the Authority.
3. An application for the registration of an aircraft in Uganda may be made by, or on behalf of the owner, if—

1. the applicant is legally entitled to the aircraft;
2. a written notice is submitted to the Authority identifying the person making the application on behalf of the owner;
3. in case of a body corporate, a written notice identifying an officer of the body corporate, and address, who may be served with documents, including the registration certificate issued by the Authority;
4. for imported aircraft with previous registration of a foreign country, a statement issued by the authority responsible for registration of aircraft in that country stating when the registration was cancelled;
5. a description of the aircraft that identifies it by reference to its manufacturer;
6. if the aircraft has previously been registered in Uganda or anywhere else particulars of the registration mark, if it has been reserved for the aircraft;
7. the name and address of each person who holds a property interest in the aircraft and a description of the person’s property interest;
8. the name and address of the registered owner if different from paragraph (d);
9. physical station where the aircraft will be usually stationed;

(j) name and signature of the applicant; and

(k) date of the application.

6. Registration of aircraft.

1. Upon receiving an application for the registration of an aircraft and being satisfied that the aircraft may properly be so registered, the Authority shall register the aircraft, and shall include in the register and on the certificate the following particulars—

1. the number of the certificate;
2. the nationality mark of the aircraft, and the registration mark assigned to it by the Authority;
3. the name of the manufacturer and the manufacturer’s designation of the aircraft;
4. the serial number of the aircraft;
5. the name and address of every person who is entitled as owner to a legal interest in the aircraft or a share therein, or, in the case of a lease agreement or financial arrangement, the names and addresses of lessee and lessor or as the case may be, the financier; and
6. conditions with regard to which it is registered.

2. Subject to this regulation, the register of unmanned free balloons shall contain the date, time and location of release, the type of balloon and the name of the operator.

7. Certificate of registration.

1. The Authority shall furnish to the person or persons in whose name or names the aircraft is registered, in this regulation referred to as the “registered owner”, a certificate of registration, which shall include the particulars specified in regulation 6 and the date on which the certificate was issued.
2. Subject to regulation 4, if at any time after an aircraft has been registered in Uganda an unqualified person becomes entitled as owner to a legal or beneficial interest in the aircraft or share therein, or the ownership of that aircraft is transferred to a person not qualified under the provisions of regulation 4, the registration of the aircraft shall thereupon become void and the certificate of registration shall forthwith be returned by the registered owner to the Authority for cancellation.

8. Change of registration or ownership particulars.

1. A person registered as the owner of an aircraft registered in Uganda shall notify the Authority in writing of—

1. any change in the particulars which were furnished to the Authority upon application being made for the registration of the aircraft;
2. the destruction of the aircraft or its permanent withdrawal from use; and
3. in the case of an aircraft registered in pursuance of regulation 4(4), the termination of the lease, charter or hire-purchase agreement.

2. A person who becomes the owner of an aircraft registered in Uganda shall inform the Authority in writing.
3. The Authority may, where it appears necessary or appropriate, or for purposes of updating the register in accordance with sub-regulation (1) and (2), correct or amend the particulars entered on the register.
4. For purposes of this regulation reference to the registered owner of the aircraft includes, in the case of a deceased person, his legal representative and in the case of a body corporate which has been dissolved, its successor.

9. De-registration.

1. The Authority may de-register or cancel the registration of an aircraft under the following circumstances—

1. upon application by the registered owner for purposes of registering

the aircraft in another state or for any other purpose; or

2. upon the destruction of the aircraft or its permanent withdrawal

from use;

2. The Authority shall, before de-registering an aircraft in accordance with this Regulation, require the registered owner to—

1. return to the Authority the certificate of aircraft registration;
2. settles any liens or encumbrances attached to the aircraft;
3. remove all nationality and registration marks assigned to the

aircraft; and

4. comply with any such other conditions as the Authority may

specify.

Part III—Nationality and Registration Marks.

10. Marking and manner of affixation.

1. A person shall not operate a aircraft registered in Uganda unless it displays nationality and registration marks in accordance with the requirements of these Regulations.
2. The marks used to identify the nationality of Uganda shall conform to the requirements outlined in regulation 11 followed by a series of numbers or letters assigned by the Authority.
3. Unless otherwise authorized by the Authority, a person shall not place on any aircraft a design, mark or symbol that modifies or confuses the nationality and registration marks.
4. When letters are used for the registration mark, combinations shall not be used which might be confused with—

1. the three-letter combinations beginning with Q used in the Q Code;
2. five-letter combinations used in the international Code of Signals;
3. the distress signal SoS, or other similar urgent signals, for example XXX, PAN and TTT.

5. The marks used shall not be so similar to international marks as to be confused with the International Five Letter Code of Signals or Distress Codes.

Permanent marking of aircraft nationality and registration shall—

1. be painted on the aircraft or affixed by other means ensuring a similar degree of permanence;
2. have no ornamentation;
3. contrast in colour with the background;
4. be legible; and
5. be kept clean and visible at all times.

6. The side marks for lighter-than-air aircraft shall be so located as to be visible both from the sides and from the ground.

11. Display of marks.

1. An owner of an aircraft registered in Uganda shall display on that owner’s aircraft the nationality mark “5X” followed by the registration of the aircraft consisting of three Roman Capital letters assigned by the Authority with a hyphen placed between the nationality mark and the registration mark.
2. If, because of the aircraft configuration, it is not possible to mark the aircraft in accordance with these Regulations, the owner may apply to the Authority for a different procedure.

12. Location of marks.

1. A person shall not operate a heavier-than-air aircraft unless the aircraft is marked as follows—

1. an aircraft with fixed wing—

1. the marks shall be located on the lower surface of the port

wing of the aircraft unless they extend across the lower surfaces of both of the wings of the aircraft and shall as far as possible, be located equidistant from the leading and trailing edges of the wing or wings with the top of the letters, and number, comprising the marks, towards the leading edge of the wing or wings;

2. for an aircraft having more than one set of wings, the mark

shall be placed on the lower wing or the lower set of wings, as the case maybe;

3. the marks shall also appear either on the fuselage, or equivalent structure, of the aircraft or on the vertical tail surface of the aircraft, and shall be on each side of the fuselage or equivalent structure between the wings and the tail surfaces;

(iv) the marks on the vertical tail surfaces shall be on each side of the vertical tail surface for aircraft with a single vertical surface, and shall be on each of the out board sides of the outer vertical surfaces of the tail structure for an aircraft with multi-vertical surface structure;

2. rotorcraft - the marks shall be located horizontally on both the port and starboard sides and on any of the following where it is clearly visible—

1. on the fuselage;
2. on the engine cowling;
3. on the tank or tanks;
4. on the tail boom; or
5. on any other external surface approved by the Authority.

2. Lighter-than-air aircraft—

1. Spherical Balloon other than unmanned free balloons, the marks shall appear in two places diametrically opposite and shall be located near the maximum horizontal circumference of the balloon;
2. Non-spherical Balloon other than unmanned free balloons, the marks shall appear on each side and shall be located near the maximum cross section of the balloon immediately above either the rigging band or the points of attachment of the basket suspension cable.
3. Airship: the marks shall appear on each side of the hull of the airship and also on the upper surface on the line of symmetry and they shall be located lengthwise near the maximum cross­section of the airship; and
4. All lighter-than-air-aircraft other than unmanned free balloons, the side marks shall be visible both from the sides and from the ground.

13. Measurement of marks.

1. A person shall not operate an aircraft unless the aircraft is marked with the number and letters comprising one or more marks on the same aircraft of equal height.
2. The width of each letter and number (except the letter i and the number ‘1’) and the length of each hyphen must be two-thirds the height of a letter or number.
3. The letters, numbers and hyphens must be—

1. formed by solid lines with thickness of one-sixth of the height of the marks; and
2. of colour that is clear contrast to the colour of the background to the marks.

4. Each letter, or number, must be separated from a letter, a number or hyphen, which precedes or follows it, by a space not less than one quarter of the width of a character except the letter i and the number ‘1’.
5. In the case of lighter-than-air aircraft, other than unmanned free balloons, the length of the marks shall be at least 50 centimetres.
6. The marks on a balloon and unmanned free balloon shall be vertical and shall be at least 50 centimetres
7. In case of fixed wing heavier-than-air aircraft—

1. the wing marks must be at least 50 centimetres in height;
2. the marks on the fuselage or equivalent structure must be at least 30 centimetres in height without visually interfering with the outlines of the fuselage or equivalent structure; and
3. the marks on the vertical tail surface marks must be at least 30 centimetres in height with a clearance of 5 centimetres from leading and trailing edge of the tail surface.

8. In the case of rotorcraft—

1. the marks shall be at least 30 centimetres in height; or
2. if the surface area of that part of the rotorcraft on which the marks are to be located is insufficient to enable compliance with paragraph (a), as high as possible; or
3. in either case the mark must leave a clearance of 5 centimetres from the edge of that part of the rotorcraft on which the marks are located and must not interfere with the outlines of the rotorcraft.

9. The marks shall be vertical or sloping at the same angle being an angle of no more than 30 degrees to the vertical axis.

14. Types of characters for nationality and registration marks.

A person shall not operate an aircraft unless the aircraft is marked with capital letters in Roman characters without ornamentation; numbers shall be Arabic numbers without ornamentation and hyphens shall be considered as characters.

15. Deviations for size and location of marks.

1. Where either one of the surfaces authorized for displaying required marks is large enough for display of marks meeting the size requirements of these Regulations and the other is not, the registered owner shall place full-size marks on the larger surface.
2. Where, neither surface is large enough for full-size marks, the Authority may approve marks as large as practicable for display on the larger of the two surfaces.

16. Removal of marks.

When an aircraft registered in Uganda is sold, the holder of the certificate of registration shall upon de-registration remove, before its delivery to the purchaser, all nationality and registration marks of Uganda, unless the purchaser is a citizen or other legal entity as prescribed in regulation 4(1).

17. Identification plate required.

The operator shall affix to each aircraft registered under the laws of Uganda an identification plate—

1. containing the aircraft type, model, serial number, nationality and registration marks;
2. made of fireproof metal or other fireproof material of suitable physical properties; and
3. secured to the aircraft in a prominent position, near the main entrance, or, in the case of a free balloon, affixed conspicuously to the exterior of the payload.

Part IV—General Provisions.

18. Inspection of certificate of registration.

A person who holds a certificate of registration required by these Regulations shall present it for inspection upon a request from the Authority or any other person authorised by the Authority.

19. Change of Name.

1. A holder of a certificate issued under these Regulations may apply to change the name on the certificate.
2. The holder shall include with any such request—

1. the current certificate; and
2. a court order, or other legal document verifying the name change.

3. The Authority may change the certificate and issue a replacement of the certificate.
4. The Authority shall return to the holder the original documents specified in sub-regulation 2(b) of this regulation and retain copies thereof and return the replaced certificate with the appropriate endorsement.

20. Change of Address.

1. A holder of a certificate, issued under these Regulations shall notify the Authority of the change in the physical and mailing address and shall do so in the case of—

1. the physical address, at least fourteen days in advance; and
2. the mailing address upon the change.

2. A person who fails to notify the Authority of the change in the physical address within the time frame specified in sub-regulation (1) shall not exercise the privileges of the certificate.

21. Replacement of certificate.

A person may apply to the Authority in the prescribed form for replacement of certificate of registration issued under these Regulations if such certificate is lost or destroyed.

22. Certificate suspension and revocation.

1. The Authority may, where it considers it to be in the public interest, suspend provisionally, pending further investigation, any certificate issued, granted having effect under these Regulations.
2. The Authority may, upon the completion of an investigation which has shown sufficient ground to its satisfaction and where it considers it to be in the public interest, revoke, suspend, or vary any certificate issued or granted under these Regulations.
3. The Authority may, where it considers it to be in the public interest, prevent any person or aircraft from flying.
4. A holder or any person having the possession or custody of any document which have been revoked, suspended or varied under these Regulations shall surrender it to the Authority within 14 days from the date of revocation, suspension or variation.
5. The breach of any condition subject to which any certificate has been granted or issued under these Regulations shall render the certificate invalid during the continuance of the breach.

23. Use and retention of certificates and records.

1. A person shall not—

1. use any certificate issued under these Regulations which has been forged, altered or to which he is not entitled; or
2. forge or alter any certificate issued under these Regulations; or
3. lend any certificate issued under these Regulations to any other person; or
4. make any false representation for the purpose of procuring for himself or herself or any other person the issue or change of any such certificate.

2. During the period for which it is required under these Regulations to be preserved, a person shall not mutilate, alter, render illegible or destroy any records, or any entry made therein, required by or under these Regulations to be maintained, or knowingly make, or procure or assist in the making of, any false entry in any such record, or wilfully omit to make a material entry in such record.
3. All records required to be maintained by or under these Regulations shall be recorded in a permanent and indelible material
4. A person shall not purport to issue any certificate for the purpose of these Regulations unless he or she is authorised to do so under these Regulations.
5. A person shall not issue any certificate referred to in sub­regulation (4) unless he or she has satisfied himself or herself that all statements in the certificate are correct, and that the applicant is qualified to hold that certificate.

24. Reports of violation.

1. A person who knows of a violation of the Civil Aviation Act or these Regulation, shall report the violation to the Authority.
2. The Authority will determine the nature and type of any additional investigation or enforcement action that need to be taken.

25. Enforcement of directions.

A person who fails to comply with any direction given to him by the Authority or by any authorised person under any provision of these Regulations shall be deemed for the purposes of these Regulations to have contravened that provision.

26. Aeronautical user fees.

1. The Authority may notify the fees to be charged in connection with the issue including the issue of a duplicate copy thereof, or the undergoing of any examination or investigation required by, or for the purpose of these Regulations any orders, notices or proclamations made under these Regulations.
2. Upon an application being made in connection with which any fee is chargeable in accordance with the provisions of sub-regulation (1), the applicant shall be required, before the application is entertained, to pay the fee so chargeable.
3. If, after that payment has been made, the application is withdrawn by the applicant or otherwise ceases to have effect or is refused, the Authority shall not refund the payment made.

27. Application of regulations to Government and visiting forces, etc.

1. These Regulations shall apply to aircraft, not being military aircraft, belonging to or exclusively employed in the service of the Government, and for the purposes of such application, the Department or other authority for the time being responsible for management of the aircraft shall be deemed to be the operator of the aircraft, and in the case of an aircraft belonging to the Government, to be the owner of the interest of the Government in the aircraft.
2. Except as otherwise expressly provided, the naval, military and air force authorities and member of any visiting force and property held or used for the purpose of such a force shall be exempt from the provision of these regulations to the same extent as if the visiting force formed part of the military force of Uganda.
3. Meteorological pilot balloons used exclusively for meteorological purposes or unmanned free balloons without a payload, shall be exempt from the provision of this regulation except as otherwise expressly provided.

Part V—Extra-Territorial Application of Regulations.

28. Extra-territorial application of Regulations.

Except where the context otherwise requires, the provisions of these Regulations shall—

1. in so far as they apply, whether by express reference or otherwise, to aircraft registered in Uganda, apply to such aircraft wherever they may be;
2. in so far as they apply, whether by express reference or otherwise, to other aircraft, apply to such aircraft when they are within Uganda;
3. in so far as they prohibit, require or regulate whether by express reference or otherwise the doing of anything by any person in, or by any of the crew of, any aircraft registered in Uganda, shall apply to such persons and crew, wherever they may be; and
4. in so far as they prohibit, require or regulate whether by express reference or otherwise the doing of anything in relation to any aircraft registered in Uganda by other persons shall, where such persons are citizens of Uganda, apply to them wherever they may be.

Part VI—Offences And Penalties.

29. Contravention of Regulations.

A person who contravenes any provision of these Regulations may have his or her certificate revoked or suspended.

30. Penalties.

1. if any provision of these Regulations, orders, notices or proclamations made under the Regulations is contravened in relation to an aircraft, the operator of that aircraft and the pilot in command, if the operator or the pilot in command is not the person who contravened that provision shall, without prejudice to the liability of any other person under these Regulations for that contravention, be deemed for the purposes of the following provisions of this regulation to have contravened that provision unless he proves that the contravention occurred without his consent or connivance and that he exercised all due dili-gence to prevent the contravention.
2. Any person who contravenes any provision specified as an "A" provision in the Second Schedule to these Regulations commits an offence and shall on conviction be liable to a fine not exceeding fifty currency points for each offence or each flight or to imprisonment for a term not exceeding one year or to both.
3. Any person who contravenes any provision specified as a "B" provision in the Second Schedule to these Regulations commits an offence and shall on conviction be liable to a fine not exceeding one hundred currency points for each offence or each flight or to imprisonment for a term not exceeding three years or to both.
4. A person who contravenes any provision of these Regulations not being a provision referred to in the Second Schedule commits an offence and is liable on conviction to a fine not exceeding one hundred currency points and in the case of a second or subsequent conviction for the same offence to a fine not exceeding two hundred currency points.

31. Revocation and savings.

1. The Civil Aviation (Aircraft Registration and Marking) Regulations 2006, S.I. No. 50 of 2006 is revoked.
2. A valid certificate issued or granted by the Authority before the commencement of these Regulations shall remain operational until it expires or is revoked, annulled or replaced.