the civil aviation act, 2001 - parliament

Legal Supplement Part A to the “Trinidad and Tobago Gazette’’, Vol. 40,No. 197, 15th October, 2001

First Session Sixth Parliament Republic of Trinidadand Tobago

REPUBLIC OF TRINIDAD AND TOBAGO

Act No. 11 of 2001

[L.S.]

AN ACT to make provision for the establishment of theTrinidad and Tobago Civil Aviation Authority, forthe regulation of all civil aviation activities, for theimplementation of certain international conven-tions and for the institution of safety requirements.

[Assented to 12th October, 2001]

ENACTED by the Parliament of Trinidad and Tobago asfollows:—

Enactment

1. (1) This Act may be cited as the Civil Aviation Act,2001.

(2) This Act shall come into operation on a date tobe fixed by Proclamation of the President, and differentsections may take effect on different dates.

PART I

PRELIMINARY

2. (1) In this Act—“aerodrome” means any area of land or water

designed, equipped, set apart or commonlyused for affording facilities for the landingand departure of aircraft and includes anyarea or space, whether on the ground, onthe roof of a building or elsewhere, whichis designed, equipped or set apart foraffording facilities for the landing anddeparture of aircraft capable of descendingor climbing vertically, and also includes anairport which has the meaning given to itunder the Airports Authority Act;

“airman” means—(a) any individual who engages, as the

person in command or as a pilot,mechanic or member of the crew,or who navigates an aircraft whilethe aircraft is underway;

(b) any individual in charge of theinspection, maintenance, over-hauling or repair of aircraft, andany individual in charge of theinspection, maintenance, over-hauling, or repair of aircraft,aircraft engines, propellers orappliances; or

(c) any individual who serves in thecapacity of flight operations officer;

“aircraft engine” means any engine used, orintended to be used, for propulsion of

468 No. 11 Civil Aviation 2001

Interpretation

Chap. 49:02

Short title andcommencement

aircraft and includes all parts,appurtenances and accessories, other thanpropellers;

“air navigation” means the practice ofcontrolling, guiding and operating aircraftfrom airport of departure to pre-determined airport of destination,including alternate airports. To ensuresafety, regularity and efficiency of civilaviation operations, standardization andcommon understanding among all partiesinvolved are essential in all mattersaffecting the operation of aircraft and thenumerous facilities and services requiredin their support, such as aerodromes, tele-communications, navigation aids,meteorology, air traffic services, searchand rescue, aeronautical informationservices and aeronautical charts, inaccordance with the procedures, rules andregulations contained in the appropriateICAO Annexes;

“air navigation facility” means any facilityused in, available for use in, or designedfor use in aid of, air navigation, includingairports, landing areas, lights, anyapparatus or equipment for disseminatingweather information, for signaling, forradio directional finding, or for radio orother electromagnetic communication, andany other structure or mechanism havinga similar purpose for guiding orcontrolling flight in the air or in thelanding and take-off of aircraft;

“air navigation services” includes information,directions and other facilities furnished,issued or provided in connection with the

No. 11 Civil Aviation 2001 469

navigation or movement of aircraft, andthe control of movement of vehicles in anypart of an aerodrome used for themovement of aircraft;

“air operator” means any organization whichundertakes to engage in domesticcommercial air transport or internationalcommercial air transport, whether directlyor indirectly or by a lease or any otherarrangement;

“Air Operator Certificate” means a certificateauthorizing an operator to carry outspecified commercial air transportoperations;

“air transport service” means a service for thecarriage by air of passengers or cargo;

“appliances” means instruments, equipment,apparatus, parts or accessories, ofwhatever description, which are used orare capable of being used, in thenavigation, operation or control of aircraft,including parachutes, communicationsequipment and any other mechanismsinstalled in or attached to aircraft duringflight, and which are not part or parts ofaircraft, aircraft engines or propellers;

“Authority” means the Trinidad and TobagoCivil Aviation Authority established undersection 4;

“aviation document” means any licence,certificate, or other document issued bythe Authority in respect of any person,aircraft, aerodrome or aviation relatedservice;


“Board” means the Board of the Trinidad andTobago Civil Aviation Authorityestablished under section 11;

“cargo” includes mail;

“Chairman” means the Chairman of the Boardand includes a temporary Chairman of theBoard;

“Chicago Convention” means the Conventionon International Civil Aviation concludedat Chicago on 7th December, 1944 andincludes any Protocol amending theConvention and any Annex to thatConvention relating to internationalstandards and recommended practices,being an Annex adopted in accordancewith that Convention;

“commander” in relation to an aircraft, meansthe member of the crew designated for thetime being as commander of that aircraftby the operator thereof, or, failing such aperson, the person who for the time beingis the pilot in command of the aircraft;

“Contracting State” means a country which isa party to the Chicago Convention;

“corporate plan” means a plan prepared inaccordance with section 15;

“dangerous goods” means articles orsubstances which are capable of posingsignificant risk to health, safety orproperty when transported by air;

“Director General” means the DirectorGeneral of Civil Aviation appointed undersection 13;


“flight” means any period from the momentwhen all the external doors of an aircraftare closed following embarkation, until themoment when any of such doors are openfor disembarkation;

“GAAP” means Generally Accepted AccountingPractice which includes the internationalaccounting standards adopted by theInstitute of Chartered Accountants ofTrinidad and Tobago;

“loss or damage” includes, in relation topersons, loss of life and personal injury;

“member” means a member of the Board;

“Minister” means the Minister to whomresponsibility for civil aviation is assigned;

“navigation of aircraft” means a function whichincludes the piloting of aircraft;

“operator” means—(a) a person, organization or

enterprise, engaged in or offeringto engage in, aircraft operations,and any person who causes orauthorizes the operation ofaircraft, in the capacity of owner,lessee or otherwise, whether withor without the control of theaircraft; and

(b) who or which is deemed to beengaged in the operation of aircraftwithin the meaning of this Act;

“pilot in command”, in relation to an aircraft,means a person who for the time being isin charge of the piloting of the aircraftwithout being under the direction of anyother pilot in the aircraft;


“propeller” includes all parts, appurtenancesand accessories of a propeller;

“public aerodrome or airport” means anaerodrome or airport which is under themanagement of body corporate establishedor owned by the State;

“Rules of the Air” means those provisions forsecuring the safety of aircraft in flight andin movement on the surface and the safetyof persons and property on the surface.These provisions include—

(a) lights and signals to be shown byaircraft;

(b) General, Visual and InstrumentFlight Rules;

(c) Aerodrome Traffic Rules; and(d) Aerodrome Signals and Markings;

“Trinidad and Tobago aircraft” means aircraftregistered in Trinidad and Tobago.

(2) A reference to any aircraft registered inTrinidad and Tobago, shall include references to anyaircraft which is for the time being under themanagement of a person who, or of persons each ofwhom, is qualified to be the owner of a legal orbeneficial interest in an aircraft registered in Trinidadand Tobago.

(3) Any reference in this Act to the provisions ofany Regulations shall include reference to any rulesmade under the said Regulations.

PART II

ADMINISTRATION

3. (1) The Minister shall be responsible for thegeneral of administration of this Act, and for thedevelopment of policy on air navigation for Trinidadand Tobago.

Functions of Minister


(2) In furtherance of subsection (1), the Ministermay give to the Board any general or special policydirections in relation to this Act, with which the Boardshall comply.

(3) Directions given in furtherance of this section,shall not be inconsistent with the provisions of this Actand shall be in writing signed by the Minister.

PART III

ESTABLISHMENT, FUNCTIONS AND POWERS OF THE TRINIDAD

AND TOBAGO CIVIL AVIATION AUTHORITY

4. There is hereby established a body corporate to beknown as “the Trinidad and Tobago Civil AviationAuthority” (hereinafter referred to as “the Authority”).

5. The functions of the Authority are—(a) to maintain a standard of safety and

efficiency in the civil aviation system that isat least equal to the standard of safetyprescribed by the Chicago Convention andany other aviation convention, agreementor understanding to which Trinidad andTobago is a party;

(b) to regulate, in accordance with this Act orother written law—

(i) civil aviation operations inTrinidad and Tobago;

(ii) the operation of Trinidad andTobago aircraft within and aboveTrinidad and Tobago; and

(iii) the operation of maintenanceorganizations in respect of aircrafton the Trinidad and Tobagoregister;

Establishment of theAuthority

Functions of theAuthority


(c) to license aerodromes with or withoutconditions to regulate the same;

(d) to provide technical advice, assistance ortraining for any person in respect of anymatter in which the employees of theAuthority have the requisite skill ortraining;

(e) to issue, renew, vary, extend and amendlicences and other aviation documents, andto collect fees in respect thereof;

(f) to provide an adequate system of air trafficservices in the Piarco Flight InformationRegion and such other airspace as may bethe subject of a treaty or an agreementbetween Trinidad and Tobago and any otherState or organization;

(g) to carry out an investigation of any aircraftaccident occurring in or over Trinidad andTobago or in relation to any Trinidad andTobago aircraft;

(h) the development of civil aviation and themaintenance of a civil aviation system thatis consistent with national security policy;

(i) to advise the Minister on matters relatingto civil aviation;

(j) to utilise the property of the Authority insuch a manner as may appear to theAuthority to be requisite, advantageous orconvenient with a view to making the bestuse of any of the property of the authorityin relation to its functions under the Act;and

(k) such other functions as are for the timebeing conferred upon it by virtue of this Actor any other written law.

6. The Authority has the power to do all thingsnecessary and convenient for, or in connection with, theperformance of its functions specified in section 5.

General powers ofthe Authority


7. Without limiting the generality of section 6, theAuthority may—

(a) engage in any activity that promotes anddevelops civil aviation, either alone or inconjunction with other civil aviationauthorities, international agencies ororganizations;

(b) enter into contracts for the supply of goods,services or materials or for the execution ofworks or any other contracts as may benecessary for the discharge of its functionsunder this Act; and

(c) charge fees for the use of any facility orservice provided by the Authority.

8. (1) In performing its functions and exercising itspowers, the Authority shall have as its paramountconsideration the safety of aviation.

(2) Subject to subsection (1), the Authority shallperform its functions and exercise its powers in amanner that ensures, as far as is practicable, that theenvironment is protected from any detrimental effectsassociated with the operation and use of aerodrome andaircraft and for this purpose the Authority shallobserve the provisions of the EnvironmentalManagement Act, 2000 and any other written law.

9. (1) The Authority may, from time to time, eithergenerally or particularly, delegate to the DirectorGeneral or an employee of the Authority, any of itsfunctions or powers under this Act or under anyregulations or rules made pursuant thereto.

(2) Such delegation referred to in subsection (1)shall be in writing and signed by the Chairman.

Specific Powers

Performance offunctions andexercise of powers

Act No. 3 of 2000

Delegation ofAuthority’s functionsor powers toemployees ofAuthority


10. Notwithstanding the Designation of AirportsNotification 1978 relating to the Piarco internationalAirport and Crown Point Airport, the Authority has theexclusive right to provide the following air navigationservices within Trinidad and Tobago:

(a) aerodrome control services at internationalaerodromes;

(b) approach control services;(c) area control services;(d) flight information services; (e) air navigation facilitie; and (f) aereonautical information services.

PART IV

THE BOARD

11. (1) There shall be a Board to manage the businessof the Authority comprising eight persons appointed bythe President in accordance with the provisions of theFirst Schedule and the Director General, appointed inaccordance with section 13, who shall be an ex officiomember.

(2) The Board shall conduct its proceedings inaccordance with the provisions of the Second Schedule.

12. The Board shall appoint a suitably qualifiedperson to perform the functions of secretary and suchother functions as may be assigned to him by theBoard.

13. (1) The Authority shall, from time to timeappoint, with the approval of the Minister, a suitablyqualified and experienced person to be the chiefexecutive officer, who shall be known as the DirectorGeneral of Civil Aviation (hereinafter referred to as“the Director General”).

Establishment andComposition

Secretary

Appointment ofDirector General

First Schedule

Second Schedule


Right of Authority toexclusive services

(2) The Director General shall have and mayexercise such powers or functions as may be conferredor assigned to him by this Act or regulations madehereunder, and such powers as may be delegated to himby the Authority.

(3) Where the Director General is temporarilyunable to perform his duties by reason of illness orotherwise, the Board may appoint another suitablyqualified and experienced person to act as DirectorGeneral during such period of absence from duty.

14. (1) A member of the Board who was in any way,whether directly or indirectly, interested in a contractor proposed contract with or in any other matterconcerning an entity regulated by the Authority, or anybody corporate carrying on business with the Authority,shall, as soon as possible after the relevant facts havecome to his knowledge, disclose the nature of hisinterest.

(2) A disclosure under subsection (1), shall berecorded in the minutes of the Board, and the member—

(a) shall not take part after the disclosure inany deliberation or decision of the Boardwith respect to that contract; and

(b) shall be disregarded for the purpose ofconstituting a quorum of the Board.

(3) For the purpose of this section, a person whoor any nominee or relative of whom is a Director, ashareholder or partner in a company or other body ofpersons other than a statutory authority or who is anemployee thereof shall be treated as having indirectly, apecuniary interest in a contract or proposed contract orsuch other body of persons is a party to the contract orproposed contract or has a pecuniary interest in suchother matter under consideration.

Declaration ofinterest


(4) A member who fails to comply with theprovisions of this section is liable on summaryconviction to a fine of one hundred thousand dollars,unless he proves that he did not know that the contractproposed contract or other matter in which he had apecuniary interest was the subject of consideration atthe meeting.

(5) In subsection (3), “relative” means spouse,commom-law spouse, father, mother, brother, sister, sonor daughter of a person and includes the spouse of ason or daughter of such person.

14 A. No member or former member, shall aceptemployment or enter into a contract of service with anentity regulated by the Authority, until the expiry oftwo years from the termination of his appointmentwhether by signatur, revocation, effluxion of time orotherwise.

PART V

PLANNING AND MANAGEMENT

15. (1) On the coming into force of this Act, theBoard shall prepare for the approval of the Minister, athree year corporate plan (hereinafter referred to as“the Plan”), in respect of the programmes or goals of theAuthority.

(2) The Plan shall include details of the following:(a) the Authority’s operational environment;(b) the strategies of the Authority;(c) performance measures of the Authority;(d) review of performance against previous

Plans;(e) analysis of risk factors likely to affect

aviation safety in the aviation industry;and

Limitation onsubsequentemployment

Corporate plan


(f) human resource strategies and industrialrelations strategies.

(3) The Plan shall also cover any other mattersrequired by the Minister to be covered, which mayinclude further details about the matters referred to insubsection (2).

(4) The first Plan shall take effect no later thansix months after the commencement of this section.

(5) The Plan may be revised at least once a yearand up to sixty days before the end of the first year ofthe Plan.

(6) The Board shall keep the Minister informedabout—

(a) significant changes to the Plan; and(b) matters that arise that could significantly

affect the objectives of the Plan.

16. (1) The Minister shall respond to the Board inrespect of a Plan submitted in accordance with section15, within sixty days of receipt of the Plan, failingwhich the Board shall be entitled to proceed with thePlan as submitted.

(2) The Minister ’s response may include adirection to the Board to vary the Plan.

(3) A direction under subsection (2) shall be inwriting, setting out reasons therefore.

(4) In directing a variation of the Plan, theMinister shall be guided by the established objectivesand policies of the Government.

(5) Where the Minister ’s response includes adirection to vary the plan, the Board shall prepare arevised Plan and submit it to the Minister within thirtydays of being so directed and the Minister shalllikewise respond within thirty days.

Minister’s responseto Plan


PART VIFINANCE

17. (1) There is hereby established a fund to beknown as the “Trinidad and Tobago Civil AviationAuthority Fund“ (hereinafter referred to as “theFund”).

(2) The monies in the Fund shall comprise— (a) appropriations by Parliament from the

Consolidated Fund;(b) such sums as are provided by foreign states,

international organizations, multilateral orbilateral lending agencies, corporations orprivate individuals for the exercise of any ofthe functions of the Authority; or

(c) sums received by or owed to the Authorityin respect of—

(i) the performance of its functions orthe exercise of its powers;

(ii) interest on loans made toemployees.

18. The money in the Fund shall be applied indefraying the following expenditure:

(a) the acquisition of property by the Authorityin the course of performing its functions orexercising its powers;

(b) the remuneration and allowances ofmembers of the Board;

(c) the remuneration, allowances, advances,loans, pensions and gratuities payable ormade to employees;

(d) contributions to the pension fund plan;(e) capital and operating expenses, including

maintenance and insurance of the propertyof the Authority; and

(f) any other expenditure authorized by theAuthority in the performance of itsfunctions.

Application of Fund


Trinidad and TobagoCivil AviationAuthority Fund

19. (1) The Authority shall, at least six monthsbefore the commencement of each financial year,submit to the Minister, for his approval, estimates ofexpenditure in such form as the Minister may prescribein accordance with GAAP.

(2) The Authority shall, at such time as theMinister directs, furnish him with any furtherinformation in relation to the estimates as he mayrequire.

(3) Subject to the provisions of the Constitution,and the Exchecquer and Audit Act, the estimates ofexpenditure, as approved by the Minister, shall be theexpenditure budget of the Authority for the financialyear to which it relates.

20. (1) The financial year of the Authority shall bethe period of twelve months beginning the first day ofOctober in any year to the thirtieth day of September inevery year, but the period from the date ofcommencement of this Act to the end of September nextfollowing shall be deemed to be the first financial year.

(2) The Authority may, with the approval of theMinister with responsibility for Finance, vary itsfinancial year.

21. (1) The Authority shall keep proper books ofaccounts and records in accordance with GAAP, of allmoneys received and expended and shall record thematters in respect of which such sums were receivedand expended.

(2) Within three months after the end of eachfinancial year, the Authority shall cause to be prepared,in respect of that year—

(a) a report setting out the activities of theAuthority; and

(b) financial statements prepared inaccordance with GAAP and any otherstatement as required by the Minister withresponsibility for Finance.

Accounts and audit

Financial year

Chap. 69:01


Estimates ofexpenditure

(3) In instances where the standards included inGAAP are inappropriate or inadequate, the Treasuryshall provide the appropriate instructions.

(4) The accounts of the Authority are publicaccounts of Trinidad and Tobago for the purposes ofsection 116 of the Constitution.

(5) As soon as the accounts of the Authority havebeen audited, the Auditor General shall submit hisreport in accordance with section 116 of theConstitution and shall forward a copy of the said reportto the Minister.

(6) Nothing in this section precludes the AuditorGeneral or an auditor engaged by the Board or theMinister of Finance from performing a management orcomprehensive audit of the activities of the Authority.

22. The Minister with responsibility for Financemay,on behalf of the Government out of moneyappropriated by Parliament for that purpose, lendmoney to the Authority on such terms and conditionsas he determines in writing.

23. (1) The Authority may, with the approval of theMinister with responsibility for Finance, borrow moneyfrom bodies or persons other than the Government.

(2) Money may be borrowed wholly or partly inforeign currency.

(3) The Authority may, with the approval of theMinister with responsibility for Finance, give securityover the whole or any part of its property for the dueperformance of its obligations incurred pursuant to thissection.

24. (1) The Authority in the performance of itsfunctions is not subject to the provisions of the CentralTenders Board Ordinance, but the Authority shall,until such time make its own Rules, observe theprovisions of that Ordinance.

Borrowing fromGovernment sources

Borrowing from non-government sources

Exemption fromCentral TendersBoard Ordinance,1961

Chap. 1:01


(2) The Board shall, with the approval of theMinister, make Rules subject to negative resolution,relating to the award of tenders and contracts andthose rules shall be published in the Gazette and shallgovern the conduct of the award of tenders and relatedmatters.

(3) The Rules shall make it mandatory for everytender to be opened in public and for the parties to andcontents of each tender to be publicly announced.

PART VII

STAFF

25. (1) The Board may— (a) employ such staff as is required by the

Authority for the proper administration ofits functions.

(b) fix qualifications, terms and conditions ofservice and salaries for its employees.

(2) The Board shall not fix the terms andconditions of service, salaries and perquisites for itsexecutive management without the prior approval ofthe Minister.

26. A person who, on commencement of this section,is a public officer appointed to an office listed in theThird Schedule either by permanent or temporaryappointment, in which he has served for at least twocontinuous years, shall within three months of the dateof commencement of this section exercise one of thefollowing options:

(a) to voluntarily retire from the Public Serviceon terms and conditions as agreed betweenhim or his appropriate recognizedassociation and the Chief Personnel Officer;

Board to employ staff

Options available topublic officers

Third Schedule


(b) to transfer to the Authority with theapproval of the Public Service Commissionon terms and conditions no less favourablethan those enjoyed by him in the PublicService; or

(c) to remain in the Public Service.

27. The Authority may enter into contracts forservices with persons for the performance of such tasksthat the Authority considers necessary for the dueperformance of its functions and exercise of its powersunder this Act, on such terms and conditions as areagreed between the Authority and the person andapproved by the Minister.

28. (1) The Authority shall within two years of thepension fund coming into operation of this Act,establish a pension fund plan.

(2) All employees of the Authority shall bemembers of the pension fund plan

29. The superannuation benefits which have accruedto a person who exercises the option under section26(1)(b) , shall be preserved at the date of hisemployment by the Authority, and such person shallcontinue to accrue superannuation benefits under thePensions Act or the Pensions Extensions Act up to thedate of commencement of the establishment of thepension fund plan on the basis of salary applicable tothe office which he held immediately prior to hisemployment by the Authority.

30. (1) Where an employee of the Authority who hadexercised the option referred to in section 26(1)(b), dies,retires, is retrenched or his post in the Authority isabolished prior to the establishment of the pension

Employment ofspecific tasks

Establishment ofplan

Chap. 23:53

Preservation andaccrual ofsuperannuationbenefitsChap. 23:52


Payment of super-annuation benefitsby the Authorityprior to theestablishment ofpension fund

fund plan, and at the date of death, retirement,abolition or retrenchment, was in receipt of a salaryhigher than that referred to in section 29, thesuperannuation benefits payable to the employee or hisestate shall be based on the higher salary.

(2) The difference between the superannuationbenefits payable on the basis of the higher salary andthose payable under the Pensions Act or the PensionExtension Act on the basis of the salary referred to insection 30, shall be paid by the Authority.

31. (1) When an employee of the Authority who hadexercised the option referred to in section 26(1)(b) dies,retires, is retrenched or his post in the Authority isabolished and he was a member of the pension fundplan, he or his estate shall be paid superannuationbenefits by the pension fund plan at an amount whichwhen combined with the superannuation benefitspayable under section 29 is equivalent to the benefitsbased on his pensionable service in the Public Servicecombined with his service in the Authority andcalculated at his salary applicable to him on the date ofhis death, retirement, abolition of his office orretrenchment.

(2) For the purposes of subsection (1) “salary” hasthe meaning given to it by the pension fund plan.

PART VIII

TRANSITIONAL

32. (1) Members of the Board of the former Authorityshall continue in office in accordance with theirrespective instruments of appointment subject to theprovisions of termination and removal as provided forin the First Schedule.

Payment of super-annuation benefitsby pension fund plan

Tansitional


(2) Any arrangement or contract, aviationdocuments or resolution prepared, made, executed orapproved by or on behalf of the Civil Aviation Authorityestablished under the former Civil Aviation AuthorityAct, (the former Authority), shall continue and bedeemed to have been prepared, made, executed orapproved by the Authority pursuant to this Act.

(3) All obligations and liabilities of the CivilAviation Division and the former Authorityimmediately before the commencement of this Act shallfrom that date be the obligations and liabilities of theAuthority and the Authority shall have all thenecessary powers to discharge them.

(4) Where anything has been commenced by oron behalf of the Civil Aviation Division and the formerAuthority before the commencement of the Act, suchthing may be carried on and completed under theauthority of the Authority.

(5) In any written law and in any document,unless the context otherwise requires, any reference tothe Civil Aviation Division and the former Authorityshall be construed as a reference to the Authority.

(6) All duties and functions carried out by theCivil Aviation Division immediately before thecommencement of the former Act, and which werecarried out by the former Authority, shall from the dateof commencement of this Act, be undertaken by theAuthority.

(7) All real and personal property now held by orvested in any person for the use and benefit of the CivilAviation Division and the former Authority is herebytransferred to and vested in the Authority.

No. 33 of 2000


PART IX

REGULATION OF AIR NAVIGATION

33. (1) For the purpose of carrying out and givingeffect to the Chicago Convention, and any other relatedProtocols, the Authority shall, with the approval of theMinister make Regulations for—

(a) the licensing, inspection and regulation ofnavigation aerodromes;

(b) a system for the registration of the nationalaircraft;

(c) the issuing of certificates of airworthinessand for prohibiting aircraft from flyingunless such certificates, whether issued orvalidated are in force;

(d) the certification of air operators;

(e) the certification of airmen;

(f) the certification of aviation schools,approved maintenance organisations andrepair stations;

(g) the conditions under which passengers maybe carried by air and under which aircraftmay be used for other commercial,industrial or gainful purposes;

(h) the conditions under which goods may becarried by air;

(i) securing the efficiency and regularity of theoperations of air navigation and the safetyof aircraft and of persons and propertycarried thereon, and of persons andproperty on the ground;

(j) prohibiting the carriage by air, such goodsas may be specified by the Regulations;

Power to effect toChicago Conventionand regulate air


(k) conferring on such persons as may bespecified, powers relating to theenforcement of any such condition orprohibition including powers to examine,take samples of, seize and detain any goods,powers to open any baggage or packagescontaining goods after obtaining from amagistrate a warrant to do so or to requirethem to be opened and powers to requirethe production of any documents;

(l) prescribing the fees to be paid in respect ofthe issue, validation, renewal, extension orvariation of any aviation document or theundergoing of any examination or testrequired by, or in pursuance of theRegulations, or in respect of any othermatter for which it appears to the Ministerto be expedient to charge fees;

(m) ensuring that foreign air carriers operatingin Trinidad and Tobago comply with thesafety and security requirements of theChicago Convention;

(n) registration of mortgages and any otherliens on aircraft

(o) giving effect to the Rules of the Air; and(p) for any other matters required by or

necessary to implement this Act.

(2) Regulations made under this section, mayprovide—

(a) the examinations and tests to beundergone, and as to the form, custody,production, cancellation, suspension,endorsement and surrender of any suchdocument; and

(b) for imposition of penalties not exceeding afine of two hundred and fifty thousanddollars and imprisonment of two years.


(3) Regulations made under subsections (1) and(2)(b) shall be subject to affirmative resolution ofParliament.

(4) In this section a reference to “goods” shallinclude a reference to mail or animals.

(5) The Authority in considering the grant of alicence in relation to an aerodrome shall take intoaccount in addition to other things, the need tominimize so far as is reasonably practicable—

(a) any adverse effects on the environment;and

(b) any disturbance to the public, from noise,vibration, atmospheric pollution or anyother cause attributable to the use ofaircraft for the purpose of civil aviation.

34. The Authority shall licence annually, subject tosection 40, all private and public aerodromes, and issuecertificates without or with such conditions and subjectto the payment of such fees as may be prescribed undersection 33.

35. (1) The Authority shall issue Air OperatorCertificates to persons qualified in the mannerprescribed.

(2) A certificate issued under subsection (1) shallspecify the minimum safety standards for the operationof the air operator.

36. (1) The Authority shall issue Airman Certificatesto persons qualified in the manner prescribed undersection 33.

(2) A certificate issued under subsection (1), shallspecify the category in which the holder is authorizedto serve as an airman in connection with an aircraft.

Airman certificates

Air operatorcertificates

Licensing ofaerodromes


37. For the purpose of the issue of any licence orcertificate under paragraph (1)(a), (b), (c), (d) and (e),the Director General shall have access by an applicantor the holder of a licence or certificate at any place andtime to conduct any tests or inspections in order todetermine that their operations are conducted inaccordance with prescribed safety or other standards.

38. (1) The Director General shall establish andmaintain a system for the national registration ofaircraft in Trinidad and Tobago in accordance withregulations made under section 33 (1)(b).

(2) It shall be unlawful to operate a civil aircraftin Trinidad and Tobago unless it is registered inTrinidad and Tobago or is registered under the laws ofanother Contracting State.

39. (1) The Director General from time to time may,for any reason, re-inspect or re-examine, any civilaircraft, aircraft engine, propeller, appliance, airoperator, school or repair station, or to re-examine anyairman holding a certificate under this Part.

(2) Where, as a result of any re-examination, re-inspection or any other investigation made by theDirector General, it is determined that safety in civilaviation or in commercial air transport and the publicinterest requires, he may issue a recommendation tothe Authority to amend, suspend or revoke in whole orin part, any airworthiness certificate, airmancertificate, air operator certificate, or certificate for anyairport, school or repair station, issued under this Act.

(3) The Director General shall give writtenreasons for the determination made under sub-section (2).

(4) Subject to section 42(2), the Authority shallact in accordance with the recommendation of theDirector General under subsection (2).

Access

Registration ofAircraft

Amendment,modification,suspension andrevocation of aviationdocuments


40. (1) In addition to the right of access grantedunder section 37, the Director General shall haveaccess to civil aircraft without restriction whereverthey are operated in Trinidad and Tobago and to civilaircraft registered in Trinidad and Tobago whereverthey are operated in the world for the purposes ofensuring that those aircraft are airworthy and beingoperated in accordance with this Act.

(2) In furtherance of subsection (1), the DirectorGeneral may—

(a) make such inspections of aircraft, aircraftengines, propellers and appliances used byany operator of civil aircraft, as may benecessary to determine whether theoperators are maintaining them inconditions which are safe for the operationin which they are used; and

(b) advise each operator or the inspection andmaintenance of these items.

(3) Where the Director General finds that anyaircraft, aircraft engine, propeller, or appliance, used orintended to be used by any operator in civil aviation isnot in a condition which is safe for use, the DirectorGeneral shall notify the operator and such aircraft,aircraft engine, propeller or appliance shall then not beused in civil aviation operations until and unless foundby the Director General to be in a condition which issafe for use.

41. (1) The Authority shall direct the operator orairman of a civil aircraft that the aircraft is not to beoperated in situations where—

(a) the aircraft is not airworthy;

(b) the airman may not be qualified orphysically or mentally capable for theflight; or

Right of acess

Authority to preventflight


(c) the operation would cause imminent dangerto persons on the ground.

(2) In the circumstances of subclause (1), theDirector General may takes steps to prevent theaircraft from being operated or the airman fromoperating an aircraft.

42. (1) Subject to subsection (2), where:(a) a person is aggrieved by any recom-

mendation of the Director General undersection 39 or action taken by the Authorityunder section 41;

(b) it is decided that it would be inexpedient inthe public interest for an aircraft to beregistered in Trinidad and Tobago; or

(c) an applicant for the grant, validation orvariation of an aviation document has beenrefused or granted in terms other thanthose requested by the applicant,

the aggrieved person may, within 14 days after the dateof service of the Director General’s decision, requestthat the case be reviewed by the Board.

(2) On the filing of an appeal with the Board, theeffectiveness of the Director General’s recommendationshall be stayed, unless the Director General informsthe Board that an emergency exists and safety in civilaviation requires the immediate effectiveness of therecommendation, in which event the Board shall orderthat the Director General’s decision shall remain ineffect.

(3) An appeal from a decision of the Board shalllie to an independent tribunal, appointed by theMinister from time to time and constituted inaccordance with subsection 4.

(4) The Appeal Tribunal shall be constituted asfollows:

(a) a pilot with at least ten years experience asan aircraft commander of an aircraft witha certified maximum gross take-off weightin excess of 20,000 kilograms;

Appeals


(b) an aviation engineer with at least tenyears airline maintenance experience;

(c) an Attorney-at-law with at least five yearspracticing experience in the courts ofTrinidad and Tobago;

(d) any other specialist person for theparticular instance.

(5) Members of the tribunal shall be consideredfor their proven record of knowledge of the local andinternational aviation regulatory environment andtheir record of integrity.

(6) Section 14, subsections (2), (3), and (4) apply“mutatis mutandis” to the members of the AppealTribunal.

(7) The terms and conditions of the AppealTribunal will be set by the Board from time to time.

(8) Nothing in this section shall be construed aslimiting the right of any person to apply to the HighCourt for judicial review, or for any remedy that may beavailable to that person.

PART X

SAFETY MEASURES

43. (1) For the purposes of this section, the AirNavigation installations described in the FourthSchedule shall be deemed to be protected installations.

(2) No person may enter or remain in a protectedinstallation except with general or written specificpermission of the Authority and subject to suchconditions as may be attached to the grant of suchpermission.

(3) No person shall tamper with, or interferewith any equipment, appliances, or machinery in aprotected area.

ProtectedInstallation


(4) No person may without permission of theAuthority remove or disturb in any way whatever anybuilding, sign, fence, pipe, hose, coupling, post, gate,marker, or other structure within a protectedinstallation.

(5) A person who contravenes subsections (2), (3)and (4) commits an offence.

44. (1) Subject to subsection (2), whenever any objectwhich is located on the surface constitutes obstructionor potential hazard to aircraft in navigable airspace inthe vicinity of an airport or elsewhere, the Ministermay cause a notice to be served on the owner of theproperty in which the object is located, directing theowner within such reasonable time as is specified in thenotice—

(a) to remove the object or such portion of itspecified in the notice as is practicable andnecessary; or

(b) to install lights or other apparatus ofapproved types and mark it in accordancewith the requirements of the ChicagoConvention.

(2) Any person suffering damage or loss inconsequence of or under a direction under sub-section (1), shall be paid such compensation as isagreed between the Authority and the person, and indefault of agreement, the amount of the compensationshall be fixed by the High Court.

(3) A person who, without reasonable excuse,fails to comply with a direction contained in a noticeunder subsection (1), commits an offence and is liableon summary conviction to a fine of fifty thousanddollars and imprisonment for two years.

Marking or removalof objects whichconstitute hazards toair navigation


(4) Notwithstanding the other provisions of thissection, no compensation shall be payable for any lossor damage suffered as a consequence of a directionunder this section where the object has been erected orplanted in contravention of any Regulations madeunder section 45.

(5) In this section—“navigable airspace” means the airspace above

the minimum altitudes of flight prescribedby Regulations made under section 33 andincludes airspace required to ensure safetyin take off and landing of aircraft;

“owner” includes occupier;

“object” includes any building, structure,erection, any tree or vegetation, anyvehicle or vessel (whether stationary orotherwise) or anything.

45. (1) For the purpose of ensuring the safety ofaircraft in accordance with normal aviation practice theMinister may make Regulations restricting the use ofland in the vicinity of airports including Regulations forthe prohibition and restriction:

(a) structures or other things in any areaspecified;

(b) the planting of, or the limitation of theheight of, any trees in any area specified;

(c) the sowing or growing of any plant or cropin any area specified;

(d) the bringing of vessels or vehicles into anyarea specified, or the anchoring, mooring orstanding of any vessel or vehicle therein.

(2) Regulations made under subsection (1) shallbe subject to negative resolution of Parliament.

Power to makeregulations for theuse of land in vicinityof airports to ensuresafety


(3) Subject to subsection (4) any owner oroccupier of land who suffers loss or damage in respectof a public airport, in consequence of any Regulationsmade under subsection (1), shall be eligible forcompensation and he shall submit a claim to theMinister within a period of six months after thepublication of those Regulations in the Gazette.

(4) In determining any compensation undersubsection 3—

(a) the loss or damage shall be assessed,having regard only to circumstances inexistence at the time of the publication ofthe Regulations; and

(b) the maximum amount of compensationpayable shall not exceed the amount bywhich the market value of the land isreduced as a result of the making of theRegulations.

(5) In the event of disagreement as to the amountof compensation to be paid in respect of a claim undersubsection (3) the amount shall be fixed by the HighCourt.

(6) Regulations made under this section maymake provision for the imposition of fines not exceedingten thousand dollars.

46. The person in charge of any airport in Trinidadand Tobago which is open to public use by aircraftregistered in Trinidad and Tobago shall cause theairport and all air navigation facilities provided thereatto be available for use by aircraft registered in otherContracting States on the same terms and conditionsas for use by aircraft registered in Trinidad and Tobago.

47. It shall be the duty of the Authority to provideair navigation services—

(a) in Trinidad and Tobago; and

Use of airports byaircraft ofContracting States

Duty to provide airnavigation services


(b) for any area outside of Trinidad and Tobagofor which the Contracting State has inpursuance of international arrangements,undertaken to provide air navigationservices,

to the extent which it appears to the Authority thatsuch services are necessary for the safety of airnavigation and are not being provided by him or bysome other person.

48. (1) The Authority with the approval of theMinister may make Regulations for requiring thepayment to the Authority of charges, of such amountsin such currencies as may be prescribed in respect ofair navigation services which, either in pursuance ofinternational arrangements or otherwise, are providedfor aircraft by the Authority or any other person or byany persons jointly.

(2) The liability for any charges payable by virtueof the Regulations under subsection (1), may beimposed upon the operators or owners of aircraft forwhich the air navigation services in question are madeavailable, whether or not they are actually used orcould be used with the equipment installed in theaircraft or upon those operators or owners or upon themanagers of airports used by such aircraft, or partlyupon those operators and owners and partly upon thosemanagers.

(3) Regulations made under subsection (1), mayprovide for the charges payable under the Regulationsto be so recoverable in Trinidad and Tobago whereverthey are payable without prejudice to the right ofrecovery elsewhere and liability for any charges underthe Regulations may be imposed upon the operator ofany aircraft whether or not it is registered in Trinidadand Tobago, whether or not it is in or over Trinidad and

Charges for airnavigation services


Tobago, at the time when the services to which thecharges relate are provided and whether or not suchservices are provided from a place in Trinidad andTobago.

(4) For the purposes of facilitating theassessment of charges payable by virtue of Regulationsunder this section, the Regulations may make provisionfor requiring operators of aircraft or managers ofairports to make such records of the movements ofaircraft, and such other particulars relating to aircraft,as may be prescribed and these requirements may beimposed upon the operator of any aircraft, whether ornot it is in or over Trinidad and Tobago at the timewhen the services to which charges relate are providedand whether or not these services are provided from aplace in Trinidad and Tobago.

(5) Any person who without reasonable cause,fails to comply with any requirement of anyRegulations made under subsection (4), shall be liableon summary conviction to a fine of ten thousand dollarsand to imprisonment for six months.

(6) Without prejudice to any other powerconferred by this Act to detain aircraft, Regulationsmade under this section may make provision, in thecase of default in the payment of any charges by anoperator under the Regulations, for authorizing thedetention, pending payment, of the aircraft in respect ofwhich the charge was incurred or of any other aircraftof which the person in default is the operator at thetime the detention begins and such Regulations maymake such further provision as appears to theAuthority to be expedient for securing such detention.

(7) The High Court shall have jurisdiction tohear and determine a claim for charges or interestpayable to the Authority by virtue of Regulations madeunder this section, notwithstanding that the personagainst whom the claim is made is not resident withinthe jurisdiction of the Court.


49. (1) Where the Director General has reason tobelieve that an installation is or may be either activelyor passively causing interference with navigational aidsor with radio communications to or from aircraft, incircumstances that are likely to endanger the safety ofaircraft in air navigation, he may cause a notice to beserved on the owner directing him to permit theinstallation to be inspected and tested by an authorizedperson.

(2) Upon the service of the notice, an authorizedperson may enter the premises or place where theinstallation is installed, kept or operated and inspect ortest the installation.

(3) An authorised person exercising powersunder subsection (2), shall produce identification inwriting if requested to do so.

(4) If as a result of such an inspection orotherwise, the Director General considers it necessaryto do so for the safety of the aircraft referred to insubsection (1), the Director General may cause a noticeto be served on the proprietor directing the proprietorto make such modifications to the installation, or totake such other action, as is necessary to eliminate thecause of the interference, within a reasonable timespecified in the notice.

(5) If the installation has been installed and isused and operated in accordance with all applicablelaws, the proprietor may recover from the Authority theamount of all reasonable expenses incurred and of lossactually suffered, in complying with a direction undersubsection (4).

(6) A person who, without reasonable excuse,fails to comply with a direction contained in a noticeunder this section commits an offence and is liable onsummary conviction to a fine of fifty thousand dollarsand imprisonment for one year.

Interferences withnavigational aids


(7) In this section—“installation” includes any electrical or other

equipment or any metallic structure; and

“owner”, in relation to an installation, meansthe owner or user of the installation or theowner and occupier of the premises orplace where the installation is installed,kept or operated.

PART XI

AIRCRAFT

50. (1) No action shall lie against any person inrespect of trespass or nuisance, by reason of the flightof an aircraft over any property at a height above theground which, having regard to wind, weather and allthe circumstances of the case is reasonable, or theordinary incidents of such flight, so long as the personis not guilty of dangerous flying within the meaning ofsection 58 and there has been no breach of regulationsmade under section 45.

(2) Subject to subsection (3), where material lossor damage is caused to any person or property on landor water by, a person in, or an article, animal or personfalling from an aircraft while in flight, taking off orlanding, then unless the loss or damage was caused orcontributed to by the negligence of the person by whomit was suffered, damages in respect of the loss ordamage shall be recoverable without proof ofnegligence, intention or other cause of action, as if theloss or damage had been caused by the willful act,neglect, or default of the owner of the aircraft.

(3) Where the material loss or damage is causedaforesaid in circumstances in which—

(a) damages are recoverable in respect of theloss or damage by virtue only of sub-section (2); and

Liability in respect oftrespass, nuisancedamage


(b) a legal liability is created in some personother than the owner to pay damages inrespect of the said loss or damage,

the owner shall be entitled to be indemnified by thatother person against any claim in respect of the saidloss or damage.

(4) Where the aircraft concerned has been bonafide demised, let or hired out for any period exceedingfourteen days, to any other person by the owner thereofand no pilot, commander, navigator or operativemember of the crew of the aircraft, is in theemployment of the owner, this section shall have effectas if for references to the owner, there were substitutedreference to the person to whom the aircraft has beenso demised, let or hired out.

51. The Authority may, with the approval of theMinister, make Regulations for the establishment of aregistry of all legal rights in an aircraft registered inTrinidad and Tobago or capable of being so registered.

52. (1) The Minister may make Regulations forgiving effect to Convention on the InternationalRecognition of Rights in Aircraft as amended, theConvention on International Interest in MobileEquipment and related Protocols.

(2) Regulations made under this section may, inparticular, make provision—

(a) for the recognition in Trinidad and Tobagoof rights of the kind specified in theConvention in or over aircraft registered inother states party to the Convention, beingrights registered or recorded in those statesin accordance with the Convention andrecognized as valid by law of the statecontracting party to the Convention in

Power to provide forregistration ofmortgages of aircraft

Power to give effectto Convention onrights to aircraft


which the aircraft in question wasregistered when the rights wereconstituted;

(b) in respect of the operation, in relation tosuch aircraft of any of the enactments inforce in Trinidad and Tobago relating tobills of sale or the registration of charges onthe property or undertaking of companies;

(c) for prohibiting the sale in execution of anysuch aircraft without an order of a court,and otherwise for safeguarding in the caseor such a sale, any such rights as arementioned in paragraph (a) above;

(d) for the recognition in Trinidad and Tobagoof priority to other rights in or over anyother aircraft or any aircraft registered inTrinidad and Tobago, of any chargeconsequent on salvage or similar operationsin respect of the aircraft, being a chargearising in accordance with the law of anyother such party to the Convention in whichthe operations terminated;

(e) for the application, in accordance with theConvention, of provisions corresponding tothose made by virtue of paragraphs (a) to(d) to cases where a right such as ismentioned in paragraph (a) (being a rightcreated as security for the payment ofindebtedness) extends to any store of spareparts for the aircraft in question.

53. (1) Any services rendered in assisting, or insaving life from, or in saving the cargo or equipment ofan aircraft in, on or over the sea, or any tidal water, foron or over the shores of the sea or any tidal water shallbe deemed to be salvage services in all cases in whichthey would have been salvage services if they had beenrendered in relation to a vessel.

Application of law ofwreck and salvage toaircraft


(2) Where salvage services are rendered by anaircraft to any property or person, the owner of theaircraft shall be entitled to the same reward for theservices as he would have been entitled to if the aircrafthad been a vessel.

(3) Subsections (1) and (2) shall have effectnotwithstanding that the aircraft concerned is a foreignaircraft and notwithstanding that the services inquestion are rendered elsewhere than within the limitsof the territorial waters adjacent to Trinidad andTobago.

(4) The Authority with the approval of theMinister may make Regulations prescribing anyprovisions of the Shipping Act and of any otherenactments which relate to wreck, to salvage of humanlife or property or to the duty of rendering assistance tovessels in distress shall, with such modifications if any,as may be prescribed, apply in relation to aircraft asthose provisions apply in relation to vessels.

PART XII

OFFENCES AND PENALTIES

54. (1) The jurisdiction of the Court shall extend toany offence under this section, if the act constitutingsuch offence took place on board—

(a) any civil aircraft registered in Trinidad andTobago;

(b) any civil aircraft leased with or withoutcrew to an operator whose principle place ofbusiness is in Trinidad and Tobago, or, ifthe operator does not have a principal placeof business, whose permanent residence isin Trinidad and Tobago;

(c) any civil aircraft on or over the territory ofTrinidad and Tobago;

Jurisdiction of theCourt

Act No. 24 of 1987


(d) any other civil aircraft in flight outsideTrinidad and Tobago if—

(i) the next landing of the aircraft isTrinidad and Tobago; and

(ii) the commander of the aircraft hasdelivered the suspected offender tothe competent authorities ofTrinidad and Tobago, requested itsauthorities to prosecute thesuspected offender and affirmedthat no similar request has been orwill be made by the commander orthe operator to any other State.

(2) In this section—(a) “Court” means a Summary Court under the

Summary Courts Act; and(b) “territory of Trinidad and Tobago” means

the islands of Trinidad and Tobago andincludes the territorial sea as defined in theTerritorial Sea Act and archipelagic watersof Trinidad and Tobago as defined in theArchipelagic Waters and ExclusiveEconomic Zone Act.

55. (1) No person shall—(a) operate any civil aircraft, for which there is

not in effect an airworthiness certificate orin violation of the terms of such certificate;

(b) serve in any capacity as an airman inconnection with any civil aircraft orcomponent or appliance used or intendedfor use in civil aviation, without theappropriate Airman Certificate, in violationof any Airman Certificate, or in violation ofthis Act;

(c) employ for service in connection with anyaircraft used in civil aviation, an airman

Chap. 4:20

Prohibitions

Chap. 1:51

No. 24 of 1986


who does not carry the appropriate airmancertificate governing his employment;

(d) operate as an air operator without an airoperator’s certificate or in violation of theterms of such certificate;

(e) while holding a certificate issued to a schoolor repair station, violate any term,condition or limitation thereof, or violateany rule, order or regulation made underthis Act, relating to the holder of suchcertificate; and

(f) operate an aerodrome without a validlicence issued by the Authority.

(2) Any person who contravenes this section isguilty of an offence and is liable on summary convictionto a fine of one hundred thousand dollars.

56. (1) Except as otherwise expressly provided inthis Act, proceedings in respect of offences under thisAct shall be prosecuted under the Summary CourtsAct.

(2) A person who commits an offence under thisAct for which no specific penalty is provided, is liable toa fine of four thousand dollars and to imprisonment forsix months.

(3) Where an offence under this Act is acontinuing one, and no penalty is provided in respect ofthis continuance thereof elsewhere than in this section,every person who commits that offence, in addition toany other liability, is liable to a fine of five hundreddollars for every day or part thereof during which theoffence continues.

57. (1) Notwithstanding any other provisions of thisAct, or any Regulation, Rules or Orders madehereunder, the Director General may compound any

Chap. 4:20

Penalties

Compounding ofoffences


offence under this Act, by accepting from the personreasonably suspected of having committed suchoffences, a fine not exceeding forty thousand dollars.

(2) On payment of any sum of money, undersubsection (1)—

(a) the operator reasonably suspected of havingcommitted the offence in respect of whichthe payment has been made shall, if incustody, be discharged;

(b) any aircraft detained in respect of suchoffence shall be released; and

(c) no further proceedings shall be takenagainst such person or aircraft in respect ofsuch offence.

58. (1) Where an aircraft is flown in such a manneras to be the cause of unnecessary danger to any personor property on land or water, the commander of theaircraft, and also the owner or operator thereof, unlesshe proved to the satisfaction of the court that theaircraft was so flown without his actual fault orknowledge, shall be liable on summary conviction to afine of one hundred and fifty thousand dollars and toimprisonment for one year.

(2) In this section the expression “owner” inrelation to an aircraft includes any person by whom theaircraft is hired at the time of the offence.

(3) The provisions of this section shall be inaddition to and not in derogation of the powersconferred on the Authority by section 7.

59. (1) Except in such circumstances as may beprescribed, no aircraft in the air over Trinidad andTobago shall be used, whether wholly or partly, foremitting or displaying any advertisement or othercommunication in such a way that the advertisement orcommunication is audible or visible from the ground.

Dangerous flying

Prohibition ofAdvertising


(2) Any person who uses an aircraft, orknowingly causes or permits an aircraft to be used, incontravention of subsection (1), commits an offence andshall be liable on summary conviction—

(a) in the case of a first conviction of an offenceunder this section, to a fine of five thousanddollars;

(b) on subsequent convictions, to a fine of tenthousand dollars and to imprisonment forsix months.

60. (1) A person shall not, while in an aircraft—(a) interfere with a crew member or passenger;(b) do any act that threatens the safety of the

aircraft or of persons on board the aircraft;(c) use abusive language or insulting words

towards a crew member or passenger;(d) intentionally interfere with the

performance of duty by a crew member.

(2) A person shall not tamper with an aircraft oran aircraft engine, on board the aircraft.

(3) A person on board an aircraft in flight who isintoxicated to such extent as to give rise to a reasonableapprehension that he or she is likely to endanger thesafety of himself or herself or the safety of others onboard the aircraft shall be guilty of an offence.

(4) A person on board an aircraft in flight who,without justification, engages in behaviour that islikely to cause serious offence or annoyance to anyperson on board the aircraft at any time after havingbeen requested by a member of the crew of the aircraftto cease such behaviour, shall be guilty of an offence.

(5) Any person who commits an offence underthis section shall be liable on summary conviction to a

Disruptive behaviouron board


fine of twenty-five thousand dollars and imprisonmentfor one year.

(6) The term “in flight” for the purposes of thissection shall mean the period from the moment whenpower is applied for the purpose of take-off until themoment when the landing run ends.

61. (1) The pilot in command of an aircraft, withsuch assistance as he requires, may—

(a) take such action, including the removal of aperson from the aircraft, or the placing of aperson under restraint or in custody, byforce, as he considers necessary to ensurecompliance with the provisions of this Partor the Regulations made under section 33in relation to the aircraft; and

(b) detain the passengers, crew and cargo forsuch period as he considers reasonablynecessary to ensure compliance with theprovisions of this Part and the aforesaidRegulations, in or in relation to the aircraft.

(2) A person who, on an aircraft in flight,whether within or outside Trinidad and Tobago, isfound committing, or is reasonably suspected of havingcommitted, or having attempted to commit, or beingabout to commit, an offence against the provisions ofthis Part or the foresaid Regulations may be arrestedwithout warrant by a member of the crew of theaircraft in the same manner as a person who is foundcommitting a felony may, at common law, be arrestedby a constable and shall be dealt with in the samemanner as a person so arrested by a constable.

(3) The provisions of this section shall be inaddition to and not in derogation of the provisions ofthe Civil Aviation (Tokyo Convention) Act.

Maintenance oforder on aircraft

Chap. 11:21


62. (1) The Authority shall with the approval of theMinister make Regulations—

(a) for the investigation of any accident arisingout of or in the course of air navigation andeither occurring in or over Trinidad andTobago or occurring elsewhere to aircraftregistered in Trinidad and Tobago; and

(b) for carrying out the provisions of any Annexto the Chicago Convention (being an Annexadopted in accordance with the Conventionand relating to the investigation ofaccidents involving aircraft) as it has effectfrom time to time with any amendmentmade in accordance with the Convention(hereinafter in this section referred to as“the Annex”).

(2) A person who contravenes any Regulationsmade under this section, commits an offence and isliable on summary conviction to a fine of five thousanddollars and to imprisonment for six months.

(3) The provision of Part XIX of the Shipping Actshall apply mutatis mutandis to the provisions of thissection

63. The Authority shall monitor and enforcecompliance with the provisions of Annex 18 of theChicago Convention and the ICAO TechnicalInstructions for the Safe Transport of Dangerous Goodsby Air, and is authorized to submit variations to theTechnical Air Instructions on behalf of Trinidad andTobago where necessary.

64. Any person who offers or accepts dangerous goodsfor commercial air transport in violation of Annex 18to the Chicago Convention or the ICAO TechnicalInstructions for the Safe Transport of Dangerous Goodsby Air, or violates any duty imposed thereunder,

Investigation ofaccidents

No. 24 of 1987

Transportation ofdangerous goods byair

Offer or acceptanceof dangerous goods


commits an offence and shall be liable to a penalty offive hundred thousand dollars for each part of theTechnical Instructions that are violated.

65. (1) Any person may file with the DirectorGeneral, a complaint in writing with respect toanything done or omitted to be done by any person incontravention of this Act or any requirementestablished pursuant hereto.

(2) Where the Director General is of the opinionthat there appears to be reasonable ground forinvestigating the complaint, the Director General shallso investigate.

(3) Where the Director General is of the opinionthat a complaint does not state facts that warrant aninvestigation or action, he may dismiss the complaintwithout hearing, but shall give reasons for thedismissal.

(4) Notwithstanding subsection (1) the DirectorGeneral may institute an investigation at any time, inany case and as to any matter or thing within hisjurisdiction under this Act, concerning—

(a) a complaint authorized to be made underthis Act;

(b) any question arising under any of theprovisions of this Act; and

(c) the enforcement of any of the provisions ofthis Act,

and the Director General shall proceed with suchinvestigation in the same manner as if it were made bycomplaint.

(5) Where the Director General finds, after noticeand hearing, in any investigation, that any person hasfailed to comply with any provision of this Act or anyrequirement established pursuant hereto, the DirectorGeneral shall issue an appropriate order to compel suchperson to comply therewith.

Complaints to andinvestigations by theDirector General


66. The Director General may conduct hearings, andrequire the attendance of witnesses, and the productionof all books, and documents in relation to any matterunder investigation.

67. (1) Any air operator in Trinidad and Tobago andany foreign air operator in Trinidad and Tobago shalldesignate in writing, an agent in Trinidad and Tobagoupon which service of notices and process and allorders, decisions and requirements from the DirectorGeneral may be made, by that agent and thedesignation shall be filed with the Director General.

(2) Service of all notices and process and oforders, decisions and requirements from the DirectorGeneral may be made upon any air operator or foreignair operator by service upon its designated agent attheir office or place of residence in Trinidad and Tobagowith the same effect as personal service upon such airoperator or foreign air operator.

(3) For the purposes of this section, service ofnotices, processes, orders, Rules and Regulations onany person may be made by personal service, or on adesignated agent, or by registered mail addressed tosuch person or agent.

68. (1) Neither a conviction for an offence nor anorder for payment of money shall be made under thisAct in any summary proceedings instituted in anymagistrate’s court—

(a) unless such proceedings are commencedwithin one year after the commission of theoffence or after cause of the complaintarises, as the case may be; or

(b) where both or either of the parties to theproceedings happen or happens during thetime to be out of Trinidad and Tobago,

Evidence

Service of documents

Limitation oft ime as tosummaryproceedings


unless the proceedings are commenced inthe case of —

(i) a conviction, within two months;and

(ii) an order, within two months afterthey both first happen to arrive orto be at one time, in Trinidad andTobago.

(2) No other written law for the time being inforce which limits the time within which proceedingsmay be instituted in any magistrate’s court shall affectany proceedings under this Act.

69. (1) Subject to subsections (2) and (3), this Actdoes not apply to military aircraft.

(2) Regulations made under section 33(1) whichrelate to the Rules of the Air may be applied to militaryaircraft.

(3) The Authority may apply by Regulations,with or without modifications, to aircraft of the DefenceForce of Trinidad and Tobago sections 33, 39, 60, 70,and 71.

(4) In this section “military aircraft” includes anyother Aircraft in respect of which there is in force acertificate issued in accordance with Regulations undersection 33 that the aircraft is to be treated as a militaryaircraft, and a certificate that any aircraft is or is not amilitary aircraft for the purpose of this Act shall beconclusive evidence of the fact certified.

PART XIII

MISCELLANEOUS AND GENERAL

70. The Authority is a Statutory Authority for thepurposes of the Guarantee of Loans (StatutoryAuthorities) Act.

Application tomilitary aircraft

Guarantee of loansChap. 76:03


71. The Authority is hereby exempt from all taxes,exemptions including value added tax, corporation tax,and customs and excise duties.

72. (1) The Civil Aviation Authority Act, 2000 isrepealed.

(2) The following Orders are repealed:(a) The Colonial Civil Aviation (Application of

Act) Order, 1952;(b) The Colonial Civil Aviation (Application of

Act) (Amendment) Order, 1953;(c) The Colonial Civil Aviation (Application of

Act) (Amendment) (No. 2) Order, 1953;(d) The Colonial Civil Aviation (Application of

Act) (Amendment) Order, 1954;(e) The Colonial Civil Aviation (Application of

Act) (Amendment) Order, 1955;(f) The Colonial Civil Aviation (Application of

Act) (Amendment) Order, 1958; and(g) The Colonial Civil Aviation (Application of

Act) (Amendment) Order, 1959.

FIRST SCHEDULE[Section 11(1)]

APPOINTMENT OF BOARD

1. (1) The President shall appoint the members of the Boardas follows:

(a) six suitably qualified persons with proven experiencein the fields of civil aviation, law, financialmanagement, economics or human resourcemanagement;

(b) a nominee of the Tobago House of Assembly;

(c) a nominee of the Environemntal ManagementAuthority; and

(d) the Director General.

Tax

RepealsAct No. 33 of 2000

Appointment ofMembers


(2) The President may appoint any two members excludingthe ex officio member to be Chairman and Deputy Chairman of theBoard.

2. (1) A member of the Board, other than the DirectorGeneral, shall hold office for such a term not exceeding threeyears, as shall be specified in the instrument of appointment andshall be eligible for reappointment.

(2) No member of the Board, other than the DirectorGeneral, shall hold office for more than two consecutive terms.

(3) The performance of the functions or the exercise of thepowers of the Board is not invalidated by reason only of a vacancyin the membership of the Board.

(4) The appointment of a person is not invalidated andshall not be called into question, by reason of a defect orprocedural irregularity in, or in connection with, his appointment.

(5) The performance of the functions or the exercise of thepowers of the Board, is not invalidated by reason only that—

(a) there is a vacancy in the office of the Chairman orDirector General; or

(b) the number of persons appointed under subparagraph (1),falls below five for no longer than two months.

(6) A member who is absent without leave for threeconsecutive meetings of the Board is deemed to have resigned hismembership of the Board.

(7) Any member of the Board other than an ex officiomember may at any time resign his office by instrument in writingaddressed to the Chairman of the Board who shall forthwithforward the same to the Minister and, from the date of the receiptby the secretary of such instrument, such member shall cease to bea member of the Board and the vacancy caused by suchresignation or by the death of a member shall be filled by thePresident by the appointment of any other person.

(8) The President may terminate the appointment of amember appointed under section 11(1) where the member—

(a) becomes of unsound mind or incapable of carrying outhis duties

(b) become bankrupt or compounds with his creditors;

Tenure of office


(c) is convicted of any offence which brings the Authorityinto disrepute;

(d) is guilty of misconduct in relation to his duties;

(e) is absent, except on leave granted by the Board, fromall meetings of the Board held during two consecutivemonths or during any three months in any period oftwelve months; or

(f) fails to carry out any of the duties or functionsconferred or imposed on him under this Act.

(9) The appointment of any member and the termination ofoffice of any member, whether by death, resignation, revocation,effluxion of time or otherwise, shall be notified in the Gazette.

3. (1) The President may appoint a suitably qualified personof the Board to act as a member—

(a) during a vacancy in the office of a member; or

(b) during the period when a member is absent from dutyor from Trinidad and Tobago or is, for any reason,including the reason that a member is acting asChairman, unable to perform the duties of the office ofmember, and a person appointed to act during avacancy, shall not continue to act for more than sixmonths.

(2) An appointment of a person under sub-paragraph (1),may be expressed to have effect only in such circumstances as arespecified in the instrument of appointment.

(3) A person who is appointed to act as a member shallenjoy the same terms and conditions of a substantive member savethat the appointment may be terminated before the vacancy isfilled or re-occupied by the substantive member.

(4) Where a person is acting in an office undersubparagraph (1)(b) and the office becomes vacant while theperson is so acting, that person may continue so to act until thevacancy is filled or a period of six months from the date on whichthe vacancy occurred expires, whichever occurs first.

4. The Board shall pay to its members such remuneration andallowances as are approved by the Minister.

5. The Chairman may excuse a member from attending ameeting of the Board.

Acting membersof the Board

Remuneration ofmembers of Board

Leave of absence


6. (1) The Chairman may resign by instrument in writingaddressed to the President, through the Minister.

(2) A member, other than the Chairman and the DirectorGeneral, may resign by instrument in writing addressed to theChairman, who shall cause the instrument to be forwarded to thePresident through the Minister.

(3) The Director General may resign by instrument inwriting addressed to the Board.

SECOND SCHEDULE

[Section 11(4)]

CONDUCT OF PROCEEDINGS BY BOARD

1. The Chairman or, where for any reason the Chairman isunable to act, the Deputy Chairman—

(a) shall, not less than once every two months convenesuch meetings of the Board as are necessary for theefficient conduct of its functions; and

(b) shall, on receipt of a written request signed by notfewer than four members, convene a meeting of theBoard.

2. The Minister may, at any time, convene a meeting of theBoard by written notice to the Chairman.

3. The quorum of a meeting of the Board shall be fivemembers.

4. (1) The Chairman shall preside at all meetings of theBoard at which he is present.

(2) In the event of the absence of the Chairman from ameeting of the Board, the Deputy Chairman shall preside at themeeting.

(3) In the event of the absence of both the Chairman andthe Deputy Chairman from a meeting of the Board, the memberspresent shall elect one of their number to preside at that meeting.

(4) All questions arising at a meeting of the Board shall bedecided by a majority of the votes of the members present andvoting, including the member presiding.

(5) In the event of an equality of votes on a resolutionproposed at a meeting of the Board, the resolution shall be takennot to be passed but where the same resolution is proposed at thefirst meeting of the Board held after the date of that firstmentioned meeting and there is again an equality of votes, themember presiding has a casting vote on the resolution.

Meeting of Board

Convening ofmeetings

Quorum

Procedure atmeetings

Resignation ofChairman andmembers


(6) The Board may, by resolution, determine rules forconduct of proceedings of meetings.

THIRD SCHEDULE

(Section 26)

OFFICES IN THE PUBLIC SERVICE ON ESTABLISHMENT OF THE

CIVIL AVIATION DIVISION

Director of Civil AviationDeputy Director of Civil AviationAssistant Director of Civil AviationAir Traffic Service InstructorAirworthiness InspectorAir Traffic Controller IVChief InstructorInstructor’s Aide, Air Traffic ServicesAdministrative Officer IVAir Traffic Controller IIIAir Traffic Controller IIAir Traffic Controller IAir Traffic Controller AssistantFlight Operations/Licensing OfficerAdministrative AssistantClerk IVClerk IIIClerk IIClerk IClerk Stenographer IIIClerk Stenographer IIClerk Stenographer IClerk Typist IMale Airport Attendant IIIStorekeeper IMale Airport Attendant IIFemale Airport Attendant IIAutomotive MechanicMotor Vehicle DriverAccounting AssistantMale Airport Attendant IFemale Airport Attendant IMessenger IElectronic EngineerTelecommunications and Electronics Technician IIITelecommunications and Electronics Technician IITelecommunications and Electronics Technician IAir Traffic Radar Systems ManagerElectronic Maintenance Engineer


FOURTH SCHEDULE(Section 43)

PROTECTED INSTALLATIONS

(a) PSR/SSR:10˚ 421 46˝ N lat. 061˚ 37' 59˝ W long. PrimarySurveillance Radar/Secondary Surveillance Radar installationsituated at Morne Catherine, in the Ward of Diego Martin, inthe County of St. George, in the island of Trinidad.

(b)VOR/DME:10˚ 271 52˝ N lat. 061˚ 23' 37˝ W long. Very HighFrequency Omnidirectional Radio Range/Distance MeasuringEquipment installation situated at Carlsen Field in the Wardof Chaguanas, in the County of Caroni, in the island ofTrinidad.

(c) NDB:10˚ 351 30˝ N lat. 061˚ 25' 25˝ W long. Non-directionalBecon Installation situated to the West of the Uriah ButlerHighway, in the Ward of Cunupia, in the County of Caroni, inthe island of Trinidad.

(d)HF/SSB:10˚ 351 27˝ N lat. 061˚ 201 08˝ W long. HighFrequency /single Sideband installation situated to the Southof the Caroni North Bank Road, in the Ward of Tacarigua, inthe County of St. George, in the island of Trinidad.

(e) VHF/DF:10˚ 351 20˝ N lat. 061˚ 201 50˝ W long. Very HighFrequency/Direction Finding installation situated to the Southof the Golden Grove Road, in the Ward of Tacarigua, in theCounty of St. George, in the island of Trinidad.

(f) PIARCO ACC:10˚ 351 25˝ N lat. 061˚ 201 23˝ W long. PiarcoArea Control Centre situated to the west of the Caroni NorthBank Road, in the Ward of Tacarigua, in the County ofSt. George, in the island of Trinidad.

Reference points have been defined in accordance with the World GeodeticSystem (WGS 84).

Passed in the Senate this 20th day of June, 2001.

N. COXClerk of the Senate

Passed in the House of Representatives this20th day of July, 2001.

J. SAMPSON-JACENTClerk of the House


House of Representatives amendments agreed to bythe Senate this 13th day of September, 2001

N. COXClerk of the Senate


PRINTED BY THE GOVERNMENT PRINTER, PORT-OF-SPAIN

REPUBLIC OF TRINIDAD AND TOBAGO—2001

the civil aviation act, 2001 - parliament

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