Aviation Legislation Flashcards
an aviation document shall be required by or in respect of all or any of the following (1)
1 New Zealand registered aircraft
2 Aircraft pilots
3 Flight crew members
an aviation document shall be required by or in respect of all or any of the following (2)
1 Aviation security service personnel
2 Aviation security services:
3 Aviation meteorological services:
4 Aviation communications services:
an aviation document shall be required by or in respect of all or any of the following (3)
1 Air traffic service personnel
2 Air traffic services
3 Air services
an aviation document shall be required by or in respect of all or any of the following (4)
1 Aircraft design, manufacture, and maintenance organisations
2 Aircraft maintenance personnel
3 Navigation installation providers
an aviation document shall be required by or in respect of all or any of the following (5)
1 Aviation training organisations
2 Aerodromes and aerodrome operators
3 Aeronautical procedures:
an aviation document shall be required by or in respect of all or any of the following (6)
any person who is an
1 aviation examiner or
2 medical examiner.
What factors does the Director consider for the fit and proper person test?
1 compliance history with transport safety regulatory requirements:
2 related experience (if any) within the transport industry:
3 knowledge of the civil aviation system regulatory requirements:
4 any history of physical or mental health or serious behavioural problems:
5 any conviction for any transport safety offence, whether or not—
(a) was in a New Zealand court; or
(b) was committed before the commencement of this Act:
S13 The pilot-in-command of an aircraft shall— (1)
Be responsible for
1 the safe operation of the aircraft in flight,
2 the safety and wellbeing of all passengers and crew, and
3 the safety of cargo carried; and
S13 The pilot-in-command of an aircraft shall— (2)
1 Have final authority to control the aircraft while in command and
2 for the maintenance of discipline by all persons on board; and
S13 The pilot-in-command of an aircraft shall— (2)
Subject to section 13A of this Act,
be responsible for compliance with all relevant requirements of this Act and
regulations and rules made under this Act.
S13A in an emergency that arises in flight, the pilot in command may
breach the provisions of this Act or of regulations or rules made under this Act.
S13A a breach of any prescribed requirement is permitted only if the pilot in command is satisfied that—
- The emergency involves a danger to life or property. and
- The extent of the breach goes only as far as is necessary to deal with the emergency; and
- There is no other reasonable means of alleviating, avoiding, or assisting with the emergency. and
- The degree of danger in complying is greater than in deviating.
What can a pilot-in-command or operator do in emergencies not arising in flight?
They may breach the rules made under this Act for urgent transportation of persons or supplies for the protection of life or property.
What conditions must be met for a breach during non-flight emergencies?
- The emergency involves a danger to life or property. and
- The extent of the breach goes only as far as is necessary to deal with the emergency; and
- There is no other reasonable means of alleviating, avoiding, or assisting with the emergency. and
- The degree of danger in deviating is less than in failing to attend to the emergency.
What does subsection (3), where an emergency (not being an emergency that arises in flight), not permit?
- Operation of an unregistered aircraft.
- Breach of airworthiness requirements.
- Operation by a person not lawfully entitled to do so.
What must a pilot-in-command or operator do after breaching the Act in an emergency?
- Immediately notify the relevant air traffic control service. and
- Notify the Director as soon as practicable and provide a written report if requested.
What must a licence holder do if they suspect a change in their medical condition?
must advise the Director of the change as soon as practicable and
may not exercise the privileges to which their medical certificate relates.
What should an aviation examiner or medical examiner do if they suspect a change in a licence holder’s medical condition?
They must advise both the licence holder and
the Director of the change as soon as practicable.
What is required of a medical practitioner who suspects a licence holder has a medical condition affecting their privileges?
The medical practitioner must inform the licence holder that the Director will be advised of the condition and
advise the Director of the condition as soon as practicable.
Are aviation examiners, medical examiners, or medical practitioners liable for advising the Director?
They are not subject to any civil or criminal liability for doing an indemnified act in good faith in the course of their functions.
What does ‘indemnified act’ mean in this context?
means advising the Director that a licence holder may not meet medical standards or
may be unable to exercise safely their privileges, among other related acts.
What happens if the Director revokes a medical certificate?
The licence holder has 20 working days from the date of the decision to ask the convener to review the decision.
What must a person do if their medical certificate is revoked, withdrawn, or suspended?
They must surrender the medical certificate to the Director, a person authorised by the Director, or a constable.
What is the time limit for a licence holder to request a review after a decision?
20 working days from the date of the decision.
What constitutes an offence under
S43 Endangerment caused by holder of aviation document?
Every holder of an aviation document commits an offence if their actions or omissions cause unnecessary danger to any person or property.
What are the penalties for individuals who commit an offence under S43?
An individual is liable to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000.
What are the penalties for a body corporate that commits an offence under S43?
A body corporate is liable to a fine not exceeding $100,000.
What constitutes an offence under S43A?
Operating any aircraft in a careless manner constitutes an offence.
What is the penalty for an individual who commits an offence under S43A?
An individual is liable to a fine not exceeding $7,000.
What is the penalty for a body corporate that commits an offence under S43A?
A body corporate is liable to a fine not exceeding $35,000.
What constitutes an offence under S44?
Every person commits an offence who
operates, maintains, or services any
aircraft, aeronautical product, or aviation related service
in a manner which causes unnecessary danger to any other person or to any property.
What are the penalties for individuals committing an offence under S44?
An individual is liable on conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000.
What are the penalties for a body corporate committing an offence under S44?
A body corporate is liable on conviction to a fine not exceeding $100,000.
What constitutes an offence under S44A?
Every person commits an offence who, without reasonable excuse, fails to comply with an inspection or monitoring request
What is the penalty for an individual who commits an offence against S44A?
An individual is liable on conviction to a fine not exceeding $10,000 and, if the offence is a continuing one, to a further fine not exceeding $2,000 for every day or part of a day during which the offence is continued.
What is the penalty for a body corporate that commits an offence against S44A?
A body corporate is liable on conviction to a fine not exceeding $100,000 and, if the offence is a continuing one, to a further fine not exceeding $20,000 for every day or part of a day during which the offence is continued.
