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In forceAmended2020 Revised Edition
Contents

Part 2 · Regulatory Framework for Safety in Aviation

14. Requirement for aviation safety instrument

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Amended

Last amended by an amending law of 2019. 2 amendments in all.

(1)

The Authority may in any aviation safety subsidiary legislation provide that an aviation safety instrument is required by or in respect of all or any of the following:

(a)

aircraft operators;

(b)

aircraft owners;

(c)

aircraft pilots and flight crew members;

(d)

air traffic service personnel;

(e)

aircraft maintenance personnel;

(f)

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

(g)

aerodromes, aerodrome operators and aerodrome rescue and firefighting services;

(h)

navigation installations;

(i)

aviation training organisations;

(j)

aircraft design, manufacture, and maintenance organisations;

(k)

aeronautical procedures;

(l)

aeronautical meteorological services;

(m)

aeronautical telecommunications services;

(n)

such other persons, aircraft, aeronautical products, aviation‑related services, facilities, and equipment operated in support of the civil aviation system, or classes of such persons, aircraft, aeronautical products, aviation‑related services, facilities, and equipment operated in support of the civil aviation system, as may, in the interests of safety or security, be specified in the aviation safety subsidiary legislation;

(o)

any person who is an aviation examiner or medical assessor.

(2)

A person must not operate, maintain or service or do any other act in respect of any aircraft, aeronautical product or aviation‑related service referred to in subsection (1)(a) to (o) for which an aviation safety instrument is required under any aviation safety subsidiary legislation unless —

(a)

the person holds an aviation safety instrument that is in force and authorises the person to do that act; or

(b)

the person is authorised by or under the aviation safety subsidiary legislation to do that act without the aviation safety instrument.

(3)

Any person who contravenes subsection (2) shall be guilty of an offence.

(4)

A person who is guilty of an offence under subsection (3) shall be liable on conviction —

(a)

to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both; but(b)where the person is a repeat offender, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.

(5)

A person is a repeat offender in relation to an offence under subsection (3) relating to an aviation safety instrument which is required under any aviation safety subsidiary legislation if the person has been convicted or found guilty (whether before, on or after 21 December 2019) on at least one other earlier occasion of —

(a)

an offence under subsection (3) relating to an activity or act in respect of any aircraft, aeronautical product or aviation‑related service for which the same type of aviation safety instrument is required under any aviation safety subsidiary legislation; or

(b)

an offence under an order made under section 8 relating to an activity or act in respect of any aircraft, aeronautical product or aviation‑related service for which the same type of aviation safety instrument is required under such an order.

(6)

Subject to any such aviation safety subsidiary legislation, an aviation safety instrument may be issued by the Authority for such specified period and subject to such conditions as the Authority considers appropriate in each particular case.[4

Report

Part 2A

Air Transport Undertakings

Part 2B

Aviation Security

Part 3

Control of Obstructions in Vicinity of Aerodromes

Part 3A

Miscellaneous Matters

Part 4

Restriction on Claims for Damages and Compensation

Part 5

Saving Provisions