Singapore legislation

Section 9

of Air Navigation Act 1966

Section 9

Regulations for this Part

Amended by16/201518/201834/201934/2019

(1)

The Authority may, with the approval of the Minister, make regulations prescribing matters necessary or convenient to be prescribed for the control and regulation of aviation in and over Singapore for the safety of air navigation or for public safety or both, and for carrying out the Chicago Convention and any other international aviation convention, agreement, or understanding to which the Government is a party, in relation to safety of civil aviation or mitigating specifically the environmental effect of international aviation emissions, including but not limited to —

(a)

the design and manufacture of aircraft and aeronautical products;

(b)

the registration, marking and operation of aircraft;

(c)

the airworthiness of aircraft and any part thereof;

(d)

the manner of applying for aviation safety instruments, including the information that may be required, and the conditions to be satisfied, for the issue of aviation safety instruments;

(e)

regulating the conditions under which noise and vibration may be caused by aircraft on aerodromes;

(f)

requiring persons performing specified functions in relation to the operation or maintenance of aircraft and aerodromes to be the holders of aviation safety instruments, and providing for the grant, issue, cancellation, suspension or variation of such aviation safety instruments;

(g)

the planning, construction, establishment, operation and use of aerodromes, including the licensing of aerodromes;

(h)

regulation of air navigation services;

(i)

applying the provisions of this Act or regulations made under this section to unmanned aircraft and their operators (indoors or outdoors), design, maintenance and manufacture with such prescribed exceptions, modifications and adaptations as the differences between the manned aircraft and unmanned aircraft require;

(j)

prohibiting aircraft from flying over any areas in Singapore that may be specified in the regulations where necessary or expedient for the safety of air navigation or for public safety;

(k)

the prohibition of the construction of buildings, structures or objects, the restriction of the dimensions of buildings, structures or objects, and the removal in whole or in part or the marking or lighting of buildings, structures or objects (including trees or other natural obstacles) that constitute or may constitute obstructions, hazards or potential hazards to aircraft flying in the vicinity of an aerodrome, and any other measures that are necessary to ensure the safety of aircraft using an aerodrome or flying in the vicinity of an aerodrome;

(l)

the formal proof and authentication of instruments made or issued under this Act or the regulations made under this section;

(m)

empowering an officer authorised by the Authority to give or issue directives or instructions to all or any person holding an aviation safety instrument, being directives or instructions with respect to matters affecting the safe navigation and operation, or the maintenance, of aircraft, and providing for the manner in which the directives and instructions are to be notified;

(n)

providing for a right to appeal to the Minister against any decisions made by the Authority under the regulations or under section 35 (whose decision on appeal is final) and the procedure for such appeals;

(o)

standards relating to the establishment and use of airspace;

(p)

prohibiting or regulating the carriage or consignment for carriage on board an aircraft of dangerous goods or munitions of war;

(q)

the reporting of reportable safety matters under section 29 to contribute to the improvement of aviation safety by ensuring that relevant information on safety matters is reported, collected, stored, protected and disseminated;

(r)

prohibiting except in prescribed circumstances the disclosure or use of flight recorder information or other prescribed information, but without limiting disclosure or use for the purposes of an investigation under the Transport Safety Investigations Act 2018 or reporting a known or suspected act of unlawful interference required by that Act;

(s)

requiring the operator of an aircraft that is flying into or out of Singapore to have a policy of insurance that insures the operator in respect of any liabilities that may be prescribed;

(t)

prescribing fees (either by specifying amounts or by prescribing a method of calculation) in relation to services, applications or requests, or the doing of anything, under this Part or the regulations made under this section; and

(u)

prescribing such saving and transitional provisions and such incidental, consequential or supplementary provisions as may be necessary or expedient.

Amended by16/201518/201834/2019

(2)

Without limiting subsection (1), regulations may also provide for or with respect to —

(a)

the appointment, authorisation approval, designation, classification or certification of —

(i)

aircraft and aeronautical products;

(ii)

aircraft operators;

(iii)

pilots and flight crew members;

(iv)

air traffic service personnel;

(v)

aircraft maintenance personnel;

(vi)

air traffic services, search and rescue services and aeronautical information services;

(vii)

aerodromes, aerodrome operators and aerodrome rescue and firefighting services;

(viii)

navigation installations;

(ix)

aviation training organisations;

(x)

aircraft design, manufacture and maintenance organisations;

(xi)

aeronautical procedures;

(xii)

aeronautical meteorological services;

(xiii)

aeronautical telecommunications services;

(xiv)

any person who conducts an examination or assessment for the purpose of determining the competency of an applicant for or the holder of an aviation safety instrument to hold or continue to hold the instrument, including the ratings to be included in an aviation safety instrument; or

(xv)

such other persons, aviation‑related services, facilities, and equipment operated in support of the civil aviation system, or classes of such persons, aviation‑related services, facilities and equipment operated in support of the civil aviation system, as may, in the interests of safety, be specified in the regulations;

(b)

the setting of standards, specifications, restrictions, and licensing requirements for all or any of those persons or things mentioned in paragraph (a), including but not limited to —

(i)

the specification of the privileges, limitations, and ratings associated with aviation safety instruments or other forms of approval;

(ii)

the setting of standards for training systems and techniques, including recurrent training requirements;

(iii)

the setting of medical standards for personnel;

(iv)

the requirement for proof of access to appropriate weather services;

(v)

the specification of standards of design, construction, manufacture, maintenance, processing, testing, supply, approval, and identification of aircraft and aeronautical products;

(vi)

the requirements for notification of insurance coverage for air services;

(vii)

the format of aviation safety instruments, forms, and applications, including the specification of information required on all application forms for aviation safety instruments;

(viii)

the provision of information to the Authority by applicants for or holders of aviation safety instruments;

(ix)

the requirements relating to the classification of aviation examiners and medical assessors and any related standards and restrictions on the exercise of their functions and powers;

(x)

the requirements for the purposes of determining suitably qualified medical examiners and establishing the criteria for standard medical assessments; and

(xi)

the requirements and criteria for determining medical experts acceptable to the Authority for the purposes of reaching an accredited medical conclusion;

(c)

the definitions, abbreviations, and units of measurement to apply within the civil aviation system; and

(d)

the provision of body samples for drug or alcohol tests, including the persons or bodies authorised to take body samples, the persons who may be required to provide such a body sample, and the procedure for the handling and analysis of body samples taken in connection with drug or alcohol tests.

(3)

Any regulations may apply generally or with respect to different classes of aircraft, aerodromes, aeronautical products, aeronautical procedures, or aviation‑related services, or with respect to the same class of aircraft, aerodrome, aeronautical product, aeronautical procedure, or aviation-related service in different circumstances.

(4)

The Authority may, in making any regulations under subsection (1), provide that any contravention of any of the provisions of the regulations shall be an offence punishable —

(a)

in the case of a first offence under the regulations, with a fine not exceeding $50,000 or with imprisonment for a term not exceeding 2 years or with both; and

(b)

in the case of a second or subsequent offence under the regulations, with a fine not exceeding $100,000 or with imprisonment for a term not exceeding 5 years or with both.

(5)

The Authority may, in making any regulations under subsection (1), provide for the imposition of financial penalties for conduct that is a contravention of or failure to comply with a provision of the regulations or a direction, instruction or condition issued, given, made or imposed under, or in force by virtue of, the regulations, being conduct that does not constitute an offence.

(6)

Where the regulations provide for the removal, marking or lighting of anything referred to in subsection (1)(k), the regulations must also provide for the payment of compensation to any person who suffers loss or damage or incurs reasonable expense in or as a direct result of the removal, marking or lighting or complying with those regulations, unless that thing was erected or the tree or plant was planted in contravention of the regulations or of the conditions imposed by the regulations.

(7)

Where any regulation is made under this section regulating the conditions under which noise and vibration may be caused by aircraft on aerodromes, no liability shall lie in respect of nuisance by reason only of the noise and vibration caused by aircraft on an aerodrome to which the regulation applies, so long as the provisions of that regulation are duly complied with.

(8)

If a person is prohibited by any regulations under subsection (1)(r) from disclosing or using any flight recorder information or other information, then —

(a)

the person cannot be required by any court to disclose that information; and

(b)

any information disclosed by the person in contravention of that prohibition is not admissible in any civil proceedings or other proceedings or any criminal proceedings other than proceedings against the person for an offence under those regulations.

Amended by34/2019

(9)

All regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette.

(10)

To avoid doubt, nothing in this Act authorises the making of any regulations providing that an aviation safety instrument is required by or in respect of the provision of airport services and facilities or the privilege to operate an airport within the meaning of the Civil Aviation Authority of Singapore Act 2009.[3A