Singapore legislation
Clause 11
Clause 11
New Division 5 of Part II
Part II of the principal Act is amended by inserting, immediately after section 7, the following Division:“Division 5 — Serious risks to aviation safetyInterference with aeronautical facilities8.—
This section shall apply if the Authority believes on reasonable grounds that an installation is or may be, either actively or passively, causing interference with communications to or from aircraft, or communications to or from centres established for air traffic control, or with navigational aids or with surveillance systems, in circumstances that are likely to endanger the safety of aircraft engaged in international air navigation or air navigation within, to or from Singapore.(2) The Authority may serve a notice on the proprietor directing the proprietor to permit the installation to be inspected and tested by a safety inspector at a reasonable time.(3) Upon the service of the notice, the safety inspector may enter the premises or place where the installation is installed, kept or operated and inspect or test the installation.(4) A safety inspector exercising powers under subsection (3) shall produce his identification card if requested to do so.(5) If as a result of such an inspection or otherwise, the Authority considers it necessary to do so for the safety of aircraft referred to in subsection (1), the Authority may serve a notice on the proprietor directing the proprietor to make such modifications to the installation, or to take such other action, as is necessary to eliminate the cause of the interference, within a reasonable time specified in the notice.(6) If the installation has been installed and is used and operated in accordance with all applicable laws, the proprietor may recover from the Authority the amount of all reasonable expenses incurred, and of losses actually suffered, in complying with a direction under subsection (5).(7) If a direction under subsection (5) is not complied with to its satisfaction, the Authority may —
authorise any of its officers, with such reasonable assistance as the officer requires, to enter the premises or place in which the installation is installed, kept or operated, with such force as is necessary and reasonable, and to take the action that was so directed; and
recover all expenses reasonably incurred by the Authority in the exercise of its powers under this subsection from the proprietor in default.(8) Without prejudice to the right of the Authority to exercise the powers under subsection (7), if any person on whom a direction under subsection (5) is served fails, without reasonable excuse, to comply with the requirements of that notice, that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $50 for every day or part thereof during which the offence continues after conviction.(9) In this section —“installation” includes any electrical or other equipment or device or any structure;“proprietor”, in relation to an installation, means the owner or user of the installation or the owner or occupier of the premises or place where the installation is installed, kept or operated.Tampering with aircraft, etc.8A.—
A person must not tamper with —
an aircraft or any part thereof; or
an aeronautical product that is of such a type that tampering with it may endanger the safety of an aircraft or any person or property,if tampering with it may endanger the safety of the aircraft or any person or property.(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.Interference with crew and unruly passengers, etc.8B.—
A person who, while in an aircraft that is in flight —
does any act that interferes with a crew member of the aircraft in the course of the performance of the crew member’s duties connected with the safe operation of the aircraft;
behaves in a threatening, offensive, insulting or disorderly manner towards a crew member of the aircraft; or
does any act that threatens the safety of an aircraft or of persons onboard an aircraft,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.(2) A person who fails to comply with any commands given to the person directly by the pilot-in-command, or indirectly by the pilot-in-command through a crew member, for the purpose of securing the safe operation of the aircraft in flight and the safety and well-being of all passengers and crew on board and the safety of cargo carried on the aircraft, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.(3) A person who —
boards an aircraft in such a state of intoxication as to be incapable of looking after himself, or as to jeopardise or be likely to jeopardise the good order and discipline required on board an aircraft; or
becomes intoxicated onboard an aircraft in flight to such an extent as to be incapable of looking after himself, or as to jeopardise or be likely to jeopardise the good order and discipline required on board an aircraft,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. (4) A person who —
operates a portable electronic device on board an aircraft in breach of any aviation safety subsidiary legislation; or
smokes in an aircraft when instructed not to smoke by any crew member or any passenger information sign or placard in the aircraft,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.(5) In any proceedings against a person for an offence under subsection (3), it shall be a defence for the person charged to prove —
that he, at the material time, was in a state of intoxication or became intoxicated not because of being under the influence of any alcohol, drugs or other intoxicating substances; or (b)that he, at the material time, was in a state of intoxication or became intoxicated as a result of taking prescription medication in accordance with a medical authorisation.(6) For the purposes of this section, an aircraft is in flight from the time when all its external doors are closed after embarkation until the time when any external door is opened for disembarkation.Dangerous activity involving aircraft, aeronautical product, etc.8C.—
A person must not operate, maintain or service, or do any other act in respect of, any aircraft, aeronautical product or aviation‑related service in a manner that the person knows or ought reasonably to know —
could endanger the life of another person; or
could endanger the person or the property of another person.(2) A person must not cause or permit any aircraft, aeronautical product or aviation‑related service to be operated, maintained or serviced, or cause or permit any other act to be done in respect of any aircraft, aeronautical product or aviation‑related service, in a manner that the person knows or ought reasonably to know —
could endanger the life of another person; or
could endanger the person or the property of another person.(3) A person must not secrete himself in an aircraft for the purpose of being carried in the aircraft, or travel in an aircraft, without the consent of the operator or pilot-in-command of the aircraft.(4) Any person who contravenes subsection (1), (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.Flying without satisfying safety requirements8D.—
An owner or operator, or the pilot-in-command of a Singapore registered aircraft must not commence a flight in the aircraft, or permit a flight in the aircraft to commence, if —
there is no aviation safety instrument known as a certificate of airworthiness in force in respect of the aircraft; and
any aviation safety subsidiary legislation does not authorise the flight without a certificate of airworthiness.(2) An owner or operator, or the pilot-in-command of a Singapore registered aircraft, or the Singapore operator of a foreign registered aircraft must not commence a flight in the aircraft, or permit a flight in the aircraft to commence, if one or more of the following apply:
there is outstanding a requirement imposed by or under any applicable aviation safety subsidiary legislation in relation to the maintenance of the aircraft;
the aircraft will require maintenance before the flight can end;
there is a defect or damage that may endanger the safety of the aircraft or any person or property;
the aircraft is unsafe for flight.(3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.Trespassing at aerodromes, etc.8E.—
A person shall not, without prior authorisation from the Authority —
enter or remain within a prohibited area in an aerodrome;
bring or leave any property on a prohibited area within an aerodrome;
operate any vehicle on a prohibited area within an aerodrome;
bring any animal or bird on to a prohibited area within an aerodrome; or
permit any animal or bird under his possession or control to trespass on a prohibited area within an aerodrome.(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.(3) Where a person contravenes subsection (1), or any property, vehicle, animal or bird is found in contravention of subsection (1), the Director-General of Civil Aviation or any safety inspector, may without warrant, arrest and remove that person, property, vehicle, animal or bird, as the case may be.(4) In this section, “prohibited area”, in relation to an aerodrome, means any part of the aerodrome upon which is posted a notice relating to that part of the aerodrome, being a notice to the effect that trespassing upon that part of the aerodrome is prohibited and purporting to have been posted with the authority of the Authority.”.