Singapore legislation
Section 71J
Section 71J
Sanctions for non-compliance with slots allocation, etc.
(1)
If the slots coordinator for a coordinated airport is satisfied, on a balance of probabilities, that an operator of aircraft at the airport —
has repeatedly or intentionally caused or allowed aircraft flight operations involving its aircraft to take place at the coordinated airport —
at times different from the slot allocated for the aircraft to arrive at or leave that airport; and
in circumstances which are not circumstances prescribed in the slots management scheme for that airport where aircraft flight operations do not have to be in accordance with allocated slots;
has repeatedly or intentionally used slots allocated for aircraft flight operations involving its aircraft —
in a different way from that indicated at the time of the allocation of the slot; and
in circumstances which are not circumstances prescribed in the slots management scheme for that airport where aircraft flight operations do not have to be in accordance with allocated slots;
has —
failed to comply, without reasonable excuse, with the requirement for documents or information made by the slots coordinator under section 71F(1); or
in response to the requirement under section 71F(1), given a document or information that is false in a material particular; or
has failed to comply with section 71I(4),the slots coordinator may, after giving the operator concerned a reasonable opportunity to be heard, by written notice impose a sanction mentioned in subsection (2) on that operator of aircraft.
(2)
The sanction which may be imposed under subsection (1) by a slots coordinator for a coordinated airport are all or any of the following:
cancel with effect from a date and time specified any slot allocated to the operator of aircraft in respect of that airport;
suspend with effect from a date and time specified any slot allocated to the operator of aircraft in respect of that airport;
with the approval of the Authority, order the operator of aircraft to pay a pecuniary penalty to the slots coordinator for the default in subsection (1)(a), (b), (c) or (d), within a time specified.
(3)
In deciding the sanction for a default in subsection (1)(a), (b), (c) or (d) by an operator of aircraft with respect to a coordinated airport, the slots coordinator for the coordinated airport must have regard to the following matters:
the nature and extent of the default;
the nature and extent of any loss or damage suffered by other operators of aircraft at that coordinated airport, and any other person, as a result of the default;
the circumstances in which the default took place;
whether the operator has previously been found to have defaulted similarly in Singapore, whether or not at that same airport.
(4)
The slots coordinator for a coordinated airport may also have regard to any other matters it considers relevant in making a decision under subsection (1).
(5)
However, a pecuniary penalty in respect of any default in subsection (1)(a), (b), (c) or (d) by an operator of aircraft must not exceed $100,000 for each such default.
(6)
In granting approval under subsection (2)(c), the Authority need not give any person who may be affected by the decision a chance to be heard before granting approval.