4.2 Aviation Legislation Flashcards
4.2.2 Describe the requirements to hold an aviation document, as laid down in CA Act 1990
S7.4.2 Aviation Legislation
Section 7
Requirement for aviation document
(1)Rules made under this Act may require that an aviation document shall be required by or in
respect of all or any of the following:
(a) New Zealand registered aircraft:
(b) aircraft pilots:
(c) flight crew members:
(d) air traffic service personnel:
(e) aviation security service personnel:
(f) aircraft maintenance personnel:
(g) air services:
(h) air traffic services:
(i) aerodromes and aerodrome operators:
(j) navigation installation providers:
(k) aviation training organisations:
(l) aircraft design, manufacture, and maintenance organisations:
(m) aeronautical procedures:
(n) aviation security services:
(o) aviation meteorological services:
(p) aviation communications services:
(q) any persons, services, or things within any of the classes specified in paragraphs
(a) to (p):
(r) 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 rules:
(s) any person who is an aviation examiner or medical examiner.
(2) The requirements, standards, and application procedure for each aviation document, and the maximum period for which each document may be issued, shall be prescribed by rules made under this Act.
(3)Subject to any rules made under this Act, an aviation document may be issued by the
Director for such specified period and subject to such conditions as the Director considers
appropriate in each particular case.
(4)Any person in respect of whom any decision is taken under this section may appeal against that decision to a District Court under section 66. Section 7(1)(s): added, on 1 April 2002, by section 6 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87). Section 7(3): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).
http://www.legislation.govt.nz/act/public/1990/0098/latest/DLM215595.html
4.2.4 Describe the criteria for the fit and proper person test, as laid down in CA Act 1990
S10
Section 10
Criteria for fit and proper person test
(1)For the purpose of determining whether or not a person is a fit and proper person for any purpose under this Act, the Director shall, having regard to the degree and nature of the person’s proposed involvement in the New Zealand civil aviation system, have regard to,
and give such weight as the Director considers appropriate to, the following matters:
(a) the person’s compliance history with transport safety regulatory requirements:
(b) the person’s related experience (if any) within the transport industry:
(c) the person’s knowledge of the applicable civil aviation system regulatory requirements:
(d) any history of physical or mental health or serious behavioural problems:
(e) any conviction for any transport safety offence, whether or not—
(i) the conviction was in a New Zealand court; or
(ii) the offence was committed before the commencement of this Act:
(f) any evidence that the person has committed a transport safety offence or has contravened or failed to comply with any rule made under this Act:
(g) in the case where a New Zealand AOC with ANZA privileges applies, the person’s compliance with the conditions specified in section 11G(4).
(2) The Director shall not be confined to consideration of the matters specified in subsection (1) and may take into account such other matters and evidence as may be relevant.
(3) The Director may, for the purpose of determining whether or not a person is a fit and proper person for any purpose under this Act,—
(a) seek and receive such information (including medical reports) as the Director thinks fit; and
(b)consider information obtained from any source.
Subsection (1) applies to a body corporate with the following modifications:
(a) paragraphs (a), (b), (c), (e), (f), and (g) of that subsection shall be read as if they refer to the body corporate and its officers:
(b) paragraph (d) of that subsection shall be read as if it refers only to the officers of the body corporate.
(5) If the Director proposes to take into account any information that is or may be prejudicial to a person, the Director shall, subject to subsection (6), disclose that information to that person and, in accordance with section 11, give that person a reasonable opportunity to
refute or comment on it.
(6)Nothing in subsection (5) shall require the Director to disclose any information the
disclosure of which would be likely to endanger the safety of any person.
(7)If the Director determines not to disclose any information in reliance on subsection (6), the
Director must inform the person of the fact of non-disclosure and,—
(a) in the case of non-disclosure to an individual of information about the individual,—
(i) inform the individual that he or she may, under the Privacy Act 1993,complain to the Privacy Commissioner about that non-disclosure; and
(ii) the provisions of that Act apply to that non-disclosure as if, following a
request under that Act for the information withheld, the information had been
withheld under section 27(1)(d) of that Act; and
(b) in any other case,—
(i) inform the person that the person may seek a review by an Ombudsman of that non-disclosure under the Official Information Act 1982; and
(ii) the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 6(d) of that Act.
ttp: //www.legislation.govt.nz/act/public/1990/0098/latest/DLM215709.html
4.2.6 Describe the duties of the pilot-in-command, as laid down in CA Act 1990 S13 and
13A
Section 13
Duties of pilot-in-command
The pilot-in-command of an aircraft shall—
(a) be responsible for the safe operation of the aircraft in flight, the safety and wellbeing of all passengers and crew, and the safety of cargo carried; and
(b) have final authority to control the aircraft while in command and for the maintenance of discipline by all persons on board; and
(c)subject to section 13A, be responsible for compliance with all relevant requirements of this Act and regulations and rules made under this Act.
Section 13: substituted, on 13 August 1996, by section 7 of the Civil Aviation Amendment Act 1996 (1996 No 91).
13A
Duties of pilot-in-command and operator during emergencies
(1) Subject to subsections (2) and (6), in an emergency that arises in flight, the pilot-incommand may breach the provisions of this Act or of regulations or rules made under this Act.
(2) For the purposes of subsection (1), a breach of any prescribed requirement is permitted only if the pilot-in-command is satisfied that—
(a) the emergency involves a danger to life or property; and
(b) the extent of the breach of the prescribed requirement goes only as far as is necessary to deal with the emergency; and
(c) there is no other reasonable means of alleviating, avoiding, or assisting with the emergency; and
(d) the degree of danger involved in complying with the prescribed requirement is clearly greater than the degree of danger involved in deviating from it.
(3) Subject to subsections (4) to (6), where an emergency (not being an emergency that arises in flight) necessitates the urgent transportation of persons or medical or other supplies for the protection of life or property, the pilot-in-command of the aircraft or the operator of the aircraft may breach the provisions of this Act or of regulations or rules made under this Act.
(4) For the purposes of subsection (3), a breach of any prescribed requirement is permitted only if—
(a) the emergency involves a danger to life or property; and
(b) the extent of the breach of the prescribed requirement goes only as far as is necessary to deal with the emergency; and
(c) there is no other reasonable means of alleviating, avoiding, or assisting with the emergency; and
(d) the degree of danger involved in deviating from the prescribed requirement is clearly less than the degree of risk in failing to attend to the emergency.
(5) Nothing in subsection (3) permits—
(a) the operation of an aircraft that is not registered in New Zealand or elsewhere; or
(b) the breach of any prescribed requirement as to the airworthiness of an aircraft; or
(c) the operation of an aircraft by a person who is not lawfully entitled to operate that aircraft.
(6)
Where, in any emergency described in this section, a pilot-in-command or an operator breaches this Act or regulations or rules made under this Act in accordance with the provisions of this section, the pilot-in-command or the operator, as the case may be, shall—
(a) immediately notify the relevant air traffic control service of the action; and
(b) as soon as practicable, notify the Director of the action and the circumstances that necessitated it, and, if requested by the Director, provide to the Director a written report in respect of the action.
Section 13A: inserted, on 13 August 1996, by section 7 of the Civil Aviation Amendment Act 1996 (1996 No 91).
http://www.legislation.govt.nz/act/public/1990/0098/latest/DLM215767.html
4.2.8 Describe the responsibilities of a licence holder with respect to changes in their
medical condition, as laid down in CA Act 1990 S27c.
27C
Changes in medical condition of licence holder
(1) Subject to any directions that the Director may issue under section 27G(1)(b), if a licence holder is aware of, or has reasonable grounds to suspect, any change in his or her medical condition or the existence of any previously undetected medical condition that may interfere with the safe exercise of the privileges to which his or her medical certificate relates, the licence holder—
(a) must advise the Director of the change as soon as practicable; and
(b) may not exercise the privileges to which the licence holder’s medical certificate relates.
(2) Subject to any directions that the Director may issue under section 27G(1)(b), if an aviation examiner or medical examiner or operator is aware of, or has reasonable grounds tosuspect, any change in the medical condition of a licence holder or the existence of anypreviously undetected medical condition in the licence holder that may interfere with the
safe exercise of the privileges to which the licence holder’s medical certificate relates, the
aviation examiner or medical examiner or operator must advise both the licence holder and
the Director of the change as soon as practicable.
(3) Subject to any directions that the Director may issue under section 27G(1)(b), if a medical practitioner has reasonable grounds to believe that a person is a licence holder and is aware, or has reasonable grounds to suspect, that the licence holder has a medical condition that may interfere with the safe exercise of the privileges to which the licence holder’s medical certificate relates, the medical practitioner must, as soon as practicable,—
(a) inform the licence holder that the Director will be advised of the condition; and
(b) advise the Director of the condition.
(4) An aviation examiner or medical examiner or a medical practitioner is not subject to any civil or criminal liability for—
(a) doing an indemnified act in good faith in the course of carrying out his or her functions under this Part; or
(b) doing an indemnified act in good faith in the course of answering any questions put to him or her by the Director that—
(i) concern a licence holder; and
(ii) are relevant to any action the Director may take under this Part.
(5) In this section, indemnified act means any of the following acts:
(a)
advising the Director, whether in writing or otherwise, that a licence holder—
(i)
may not meet the medical standards prescribed in the rules; or
(ii) may be unable to exercise safely the privileges to which the licence holder’s medical certificate relates:
(b)expressing to the Director, whether in writing or otherwise, an opinion that the licence holder who the aviation examiner or medical examiner or medical
practitioner has examined or treated may be unable to exercise safely the privileges to which the licence holder’s medical certificate relates because of—
(i)illness or any bodily or mental infirmity, defect, incapacity, or risk of incapacity suffered by the licence holder; or
(ii)
the effect on the licence holder of treatment for any illness, infirmity, defect, incapacity, or risk of incapacity:
(c) stating to the Director, whether in writing or otherwise,—
(i) the nature of a licence holder’s illness, infirmity, defect, incapacity, or risk of incapacity; or
(ii) the effect on a licence holder of treatment for any illness, infirmity, defect, incapacity, or risk of incapacity.
4.2.10 Describe the responsibilities of a licence holder with respect to the surrender of a
medical certificate as laid down in CA Act 1990 S27I.
27I
Revocation, suspension, amendment, and surrender of medical certificate
(1) If the Director has reasonable grounds to believe that a licence holder may be unable to exercise safely the privileges to which the licence holder’s medical certificate relates, the Director may, by written notice to the licence holder,—
(a) suspend any medical certificate issued to the licence holder; or
(b) impose or amend any conditions, restrictions, or endorsements on any medical certificate issued to the licence holder.
(2) If the Director has reasonable grounds to believe that a licence holder is unable to exercise safely the privileges to which the licence holder’s medical certificate relates, the Director must, by written notice to the licence holder,—
(a) suspend any medical certificate issued to the licence holder; or
(b) revoke any medical certificate issued to the licence holder; or
(c) impose or amend any conditions, restrictions, or endorsements on any medical certificate issued to the licence holder.
(3) If the Director has reasonable grounds to believe that a person who has been delegated authority under section 27O to issue a medical certificate has issued a medical certificate other than in accordance with this Part or the terms of the delegated authority, the Director—
(a) may, by written notice to the licence holder,—
(i) suspend any medical certificate issued to the licence holder; or
(ii) revoke any medical certificate issued to the licence holder; or
(iii) impose or amend any conditions, restrictions, or endorsements on any medical certificate issued to the licence holder; and
(b) may, by written notice to the person with delegated authority, revoke that person’s delegated authority.
(4) Any notice issued under this section must state the grounds for the Director’s decision.
(5) A notice of suspension issued under subsection (1)(a) or subsection (2)(a) or subsection (3) (a)(i) remains in force until the Director determines what action, if any, referred to insubsection (7) is to be taken, but any such suspension expires 10 working days after the date that the suspension is imposed unless, before the expiry of that 10-working-day
period, the Director extends the suspension for a further specified period not exceeding 10 working days (the aggregate suspension period may not exceed 20 working days after the date on which the suspension is imposed).
(6) Any conditions, restrictions, or endorsements that are imposed or made under subsection (1)(b) or subsection (2)(c) or subsection (3)(a)(iii) remain in force until the Director
determines what action, if any, referred to in subsection (7) is to be taken, but any of those conditions, restrictions, or endorsements expire 10 working days after the date that they are imposed unless, before the expiry of that 10-working-day period, the Director extends the
conditions, restrictions, or endorsements for a further specified period not exceeding 10 working days (the aggregate period may not exceed 20 working days after the date on which the conditions, restrictions, or endorsements are imposed).
(7) If a notice is issued under subsection (1) or subsection (2) or subsection (3), the Director may, by written notice, take 1 or more of the following actions:
(a) impose or amend conditions, restrictions, or endorsements for a specified period:
(b) withdraw any conditions, restrictions, or endorsements:
(c) disqualify the licence holder from holding the medical certificate for a specified period:
(d) revoke the medical certificate:
(e) cancel the suspension.
(8) If the Director revokes a medical certificate under subsection (2)(b) or subsection (3)(a)(ii)
or subsection (7)(d) or subsection (11) or imposes any conditions, restrictions, or endorsements on a medical certificate under subsection (7)(a) or disqualifies a licence
holder under subsection (7)(c), the licence holder has 20 working days from the date of the decision to ask the convener to review the decision under section 27L, after which time the decision may not be referred to the convener.
(9) A person who has had his or her medical certificate revoked, withdrawn, or suspended or who is disqualified from holding the medical certificate for a specified period must surrender the medical certificate to the Director, a person authorised by the Director, or a constable.
(10) If the Director issues a notice under this section, the Director—
(a) must also, if practicable, notify any aviation document holder affected by the notice, other than the licence holder, if the Director reasonably considers it necessary for reasons of aviation safety; and
(b) may notify any other affected aviation document holder.
(11) The Director may, by written notice, revoke a medical certificate if a licence holder fails, without reasonable excuse, to comply with a demand under section 27H(1) or section 27H(3) or section 27H(4) within a reasonable period of time.
(12) Any licence holder may return his or her medical certificate to the Director and ask theDirector, in writing, to cancel the medical certificate.
(13) If a licence holder asks the Director to cancel his or her medical certificate, the Director
must—
(a)cancel the medical certificate; and
(b) update the register of current medical certificates.
Section 27I: inserted, on 1 April 2002, by section 5 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87). Section 27I(9): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
http://www.legislation.govt.nz/act/public/1990/0098/latest/DLM216309.html
4.2.12 Describe the responsibilities of a licence holder with respect to safety offences, as laid down in CA Act 1990 S43 and 44.
Part 5 Offences and penalties Safety offences
43 Endangerment caused by holder of aviation document
(1) Every holder of an aviation document commits an offence who, in respect of any activity or service to which the document relates, does or omits to do any act or causes or permits any act or omission, if the act or omission causes unnecessary danger to any other person or to any property.
(2) Every person who commits an offence against subsection (1) is liable on conviction,—
(a) in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000; or
(b) in the case of a body corporate, to a fine not exceeding $100,000.
(3) The provisions of this section shall be in addition to and not in derogation of any regulations or rules made under this Act. Section 43(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011
(2011 No 81). Section 43(2)(b): amended, on 10 August 1992, by section 41 of the Civil Aviation Amendment Act 1992 (1992 No 75).
http://www.legislation.govt.nz/act/public/1990/0098/latest/DLM216903.html
Dangerous activity involving aircraft, aeronautical product, or aviation related service
(1) Every person commits an offence who—
(a) operates, maintains, or services; or
(b) does any other act in respect of—
any aircraft, aeronautical product, or aviation related service, in a manner which causes unnecessary danger to any other person or to any property.
(2) Every person commits an offence who—
(a) causes or permits any aircraft, aeronautical product, or aviation related service to be operated, maintained, or serviced; or
(b)
causes or permits any other act to be done in respect of any aircraft, aeronautical product, or aviation related service,— in a manner which causes unnecessary danger to any other person or to any property.
(3) Every person who commits an offence against subsection (1) or subsection (2) is liable on conviction,—
(a) in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000; or
(b) in the case of a body corporate, to a fine not exceeding $100,000.
(4) The provisions of this section shall be in addition to and not in derogation of any regulations or rules made under this Act. Section 44(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). Section 44(3)(b): amended, on 10 August 1992, by section 41 of the Civil Aviation Amendment Act 1992 (1992 No 75).
http://www.legislation.govt.nz/act/public/1990/0098/latest/DLM216907.html
