CAA 1990; ACA 1972; BOR 1990; CAR Part 19 Flashcards
Civil Aviation Act 1990
Section 56 ( Being a Dick) Bomb in bag
Communicating False information affecting Safety
This act enables the Aviation Security Service to deal effectively with those nuisance people who falsely claim at the screening point that they “have a bomb in their bag” or “a gun in their pocket”; or phone in a hoax call stating there is a “bomb on an aircraft”. Any person found guilty of these offences can either be fined up to $10000.00 or receive an imprisonment term of up to 12 months. The airline must offload the pax and their bags.
The ASO has no power of arrest or detention for these offences. They must contact the Police as they can arrest any person who makes a false statement affecting safety.
ASOs are not to take these statements lightly they must take action. Maintain control of bag, Inform the AVSEC Duty Sergeant what has occurred and the Police immediately.
Civil Aviation Act 1990
Section 80 ( it’s what we do matey) Search,Screen,Patrol
Functions and Duties of the Aviation Security Service
This act provides a legal mandate to carry out
Screening of all passengers and crew and their baggage on all international aircraft passenger flights
Screening of passengers and crew of Domestic aircraft of 90 seats or more.
Conduct searches of passengers, crew and their baggage on all international
Security foot and mobile patrols of the aerodrome and navigation installations.
Keeping up to date and ensuring best practise methods are utilised for the security techniques used.
Actively co-operating with NZ Police, Government departments, airport authorities, operators; airport security services of other countries and relevant international organisations i.e. International Civil Aviation Organisation (ICAO).
Carry out any other functions and duties as may be required . Eg Maritime Security Officers
Civil Aviation Act 1990
Section 80A DGs Seize,Detain,Dispose
Powers and Duties of Aviation Security Officer relating to Dangerous Goods.
The Act enables ASO’s the authority to deal effectively with Dangerous Goods detected during the course of the screening process.
Empowers an ASO to seize and detain the dangerous goods from the passenger if they believe on reasonable grounds that they may not be carried on board the aircraft.
The ASO must complete the approved paperwork which is the Dangerous Goods Relinquish Form AVSEC Form 3.4
The airline that the passenger is traveling with must be notified ( this is done by way of the AVSEC 3.4 form).
If it is discovered that the seized Dangerous Goods may be lawfully carried on board the aircraft,the ASO must as far as practical return the Dangerous Goods to the passenger.
The seized Dangerous Goods are the responsibility of the airline. However with the approval of the Director, AVSEC has an agreement with the airline that we will safely dispose of the seized Dangerous Goods on behalf of the airline.
Civil Aviation Act 1990
Section 80B (LAGS and AWIFEI)
Powers of the Aviation Security Officers to search for and seize Prohibited Items or Substances to be carried on aircraft or into sterile areas.
Ask pax to relinquish LAGs
This section gives ASO’s the authority to deal with prohibited items and/or substances detected in the search and screening of a person,item,substance or vehicle.
a) Before entering a sterile area
b) While they are present in a sterile area.
The ASO must gain consent before the search is carried out.
This section empowers the ASO to seize and detain the prohibited items or substance if the ASO believes on reasonable grounds that the item or substance may not be carried on board the aircraft or into the sterile area.
If it is discovered that the seized item or substance may be carried on board the aircraft or into a sterile area the ASO must as far as practical return the item or substance to the passenger.
Passengers with prohibited items or substances (Dangerous Goods, pocket knives, scissors over 6cm etc) will not be permitted into a sterile area. The ASO will seize or detain the prohibited items or substances from the passenger. Prohibited items or substances will be disposed of in accordance with current AVSEC standard operating procedures (SOPs).
Prohibited items or substances that are deemed as offensive weapons (eg butterfly knife, mace, pepper spray) which are detained or seized are to be delivered to the NZ Police and an AVSEC form 3.1 is to be completed.
LAGs are not seized only relinquished by the pax.
Civil Aviation Act 1990
Section 80I
Protection of Aviation Security Officers
This section protects the ASO from personal liability in relation to searching for and seizing certain items and substances to be carried on board an aircraft and into sterile areas,if an ASO acts in good faith and in the exercise of powers or performance of duties under the Civil Aviation Act 1990.
Aviation Crimes Act 1972
Section 11 (AWIFEI)
Taking Firearms, Explosives etc on to an Aircraft
Every person commits a crime who without Lawful Authority or Reasonable Excuse or without permission of the owner / operator of the A/C takes or attempts to take on board any A/C any Ammunition Weapons Injurious Substances Firearms Explosive substances or devices Imitation of any of the above
AWIFEI
The penalty for being found guilty of this offence is a five year imprisonment term. Intent and Motive must be established.
This section creates an offence for taking on board an aircraft, into a sterile area or SEA an item or substance that is intended to be used to carry out crimes stated under sections 3,4,5 or 5A of this act.
It sets out the offence of taking an item or substance that could be combined with another item or substance which could endanger the safety of passengers,crew,the aircraft or airport. An example of this could be the mixing of components to form an explosive.
It also makes it an offence to activate an item or substance such as using a timing or detonating device, calling by cell phone to activate the device to endanger the safety of the aircraft or airport.
This section defines what is a dangerous or offensive weapon. (Refer appendix 45 in the pax screening section).
This section also defines the term firearm. Basically any firearm whether in working order or not , or dismantled , is not permitted on board the aircraft with the pax. This includes dismantled gun parts. The reason is that a number of persons on one aircraft have a different part which can be assembled to take control of an aircraft.
Guns are to be hold stowed and disabled.
Aviation Crimes Act 1972
Section 12 Power to Delve
Searching of passengers, baggage and cargo
Including a Pat-Down search.
This section confers upon Aviation Security Officers the authority to search any pax and their baggage. This is for the purpose of detecting any item or substance that could pose a threat to aviation security. However there is one very important condition imposed with the authority and that is THE CONSENT OF THE PAX MUST BE OBTAINED BEFOR ANY SEARCH OCCURS.
Definition of consent is an affirmation reply and or gesture.
A pax has the right to refuse to be searched or can withdraw their consent at anytime during the search.if a pax refuses to be searched the airline carrier that the pax is traveling with MUST be informed as only they have authority to refuse carriage. An ASO cannot make this decision. The carrier MUST refuse to take the pax and their baggage.
A pax who is being searched must if directed remove outer clothing, gloves, footwear, jewellery, etc and allow a pat down search if required.
If conducting a search of a pax using a hand held metal detector (wand) an ASO may search a pax of either gender. However if a physical pat-down search is required this search can only be conducted by an ASO of the same gender as the pax.
Cargo may be examined before it is loaded onto an aircraft.
ASO may use any aid or device that is reasonably necessary to facilitate a search under this section. some examples are dog units, X-rays and trace unit detection equipment. However an ASO MAY NOT use an aid or device that produces an unclothed image of that person.
An ASO must obtain consent of the pax to conduct a search of the pax bag or the pax themselves (ie search with a wand or a physical pat-down on the pax).
Section 21 of NZBOR 1990 -Unreasonable Search and Seizure.
Everyone has the right to be secure against unreasonable search and seizure, whether of the person,property or correspondence or otherwise.
A pax has the right to refuse to be searched. If they chose this option they must not be permitted into the sterile area of the security area.
-The ASO must inform the Duty Sergeant if a pax refuses to be searched
-The Duty Sergeant will advise the airline carrier duty manager who will refuse the pax carriage on the aircraft if the pax is still refusing to be searched.
An ASO can request a pax to remove outer clothing footwear, gloves, jewellery for the purposes of being searched.
When conducting a physical pat-down search the ASO must be the same gender as the pax. Examples of where a pax may be subjected to a physical pat-down are equipment failure, pax with cardiac pacemaker, pregnant who request a pat-down search rather than a wand search.
CAA 1990 s51
Trespass
This section creates an offence for any person who without reasonable excuse enters or remains within any aerodrome when directed not to enter or remain by an ASO.
The trespasser must be warned to leave.
If the trespasser refuses to leave the ASO is justified in using reasonable force to remove or prevent trespasser from entering the aerodrome (Crimes Act 1961 s56. Defence of Land or Building ) or call the Police.
$2000 or 3 months imprisonment( Police have power of arrest).
ASOs have no power of arrest/detainment under this section.
Used in conjunction with Trespass Act 1980 s3.
Aviation Crimes Act 1972
Section 13 (Your not searching me)
Search of Persons Declining to Allow a Search
This section allows a member of the NZ Police to search a pax and their baggage where the pax has declined to be searched as per section 12. However the POLICE OFFICER IS ONLY PERMITTED TO SEARCH THE PAX IF THEY HAVE REASONABLE GROUNDS TO SUSPECT THAT THE PAX IS INVOLVED IN AN OFFENCE UNDER THE AVIATION CRIMES ACT 1972 (sections 3,4,5,5a and 11).
For example if an ASO sees on the X-ray screen a large knife in a pax bag and the pax subsequently refuses to have their bags searched by the ASO the end result would be that the police would have grounds to search the bag.
It is important to remember that a refusal does not mean an offence is being committed against the Aviation Crimes Act 1972. Pax could decline because they are going to be embarrassed about what they have in their bags.
The Police may without warrant search a person and their baggage if they suspect the pax is involved in a crime against the Aviation Crimes Act 1972. The police officer is permitted to take possession of any item listed in section 11(AWIFEI) during the course of the search.
The police officer exercising this power must identify themselves as a member of the police and produce ID if not in uniform.
Aviation Crimes Act 1972
Section 14(2)
Evidence of Offences
Inadvertent carrying DG
This section distinguishes the difference between a pax inadvertently carrying Dangerous Goods in their bag as opposed to intent to commit an offence against Section 11. For example if during a search of a pax bag at the screening point you find Dangerous Goods such as a can of enamel paint or camping stove full of fuel the Dangerous Goods must be regarded as having been found in the exercising of the ASO search functions(CAA 1990 sect 80 a and b ASO powers and functions relating to Dangerous Goods and not under section 11 of this act.
If drugs are found in the course of the search of a pax bags it must be referred to warranted ASO or your Sergeant.
Civil Aviation Rules
Part 19.7 (too wobbly to go to heaven)
Intoxicating Liquor and Drugs
This rule creates an offence for an on duty crew member of an aircraft to be under the influence of alcohol or drugs. If you have reasonable grounds to suspect a crew member is intoxicated by either drugs or alcohol, report it to your duty sergeant straight away. The AVSEC supervisor will then advise the airline duty manager.
Civil Aviation Rules
Part 19.353 (give that AWIFEI to me)
Restrictions relating to the persons and aircraft subject to security control.
This rule creates an offence for any person who delivers any type of weapon, firearm, ammunition or explosive device to another person who has been security screened or places on board an aircraft any listed items.
An example would be an airline representative who uplifted a pax diving knife which had been processed as security item by AVSEC. Instead of delivery to the hold of the aircraft gives it back to the pax.
Civil Aviation Rules
Part 19.355 ( God will keep you alive)
Prohibitions G-O-D
Fences min 2.4m high
Min distance form fence line 1.5m
This rule creates an offence for any person who leaves any door , gate, or other barrier leading into a security area or SEA of an SDA or an operational area of an ordinary airport open or insecure.
Gates ,Doors ,Open barriers could be used by unauthorised personnel to gain access to sterile / secure areas.
It is also an offence to leave vehicles or equipment such as ladders or aircraft stairs up against security fences or barriers being used to prohibit public access to security areas or operational areas of any aerodrome.
These items can be used by unauthorised personnel allowing them to climb over the fence /barrier gain access into a security/operational area.
If you discover an insecure door leading into the security area/operational area/SEA you need to investigate to find out who left the door insecure. You can do this by contacting the airport company or other appropriate company who control computerised door access codes to provide you with the appropriate printout of the access users for that door at around that time you found the door insecure. You will need to submit a report to your Duty Sergeant with findings.
Civil Aviation Rules
Part 19.357 (you can go to heaven)
Airport Identity Cards
This rule sets down the provisions for the use of Airport Identity Cards (AIC) which are a very important security measure. All AICs are approved by the Director of Civil Aviation and remain the property of CAA. The person must have a favourable security check prior to issue of the AIC. However a favourable security check is not required for temporary ID cards. A person issued with a temporary ID card must be escorted by a person who does have an AIC.
APPROVAL for the AIC is given by the director of civil aviation after undergoing a valid security check. Or the director is satisfied with an alternative security check.
BREAST height in front of his outer garments is where the AIC is to be worn. Or is in possession another identity document or other identity documents for the time being are authorised by the director. (Temp AIC)
CUSTOMS or other officers may have their name omitted this is approved by the Director of Civil Aviation.
DUTIES only are to be performed when in a secure or SEA in accordance with the issuing authorities rules and regulations. Not for personal use.
EXAMINATION of the AIC by any authorised person of anyone entering a security area or SEA. AICs shall be produced for inspection or any other documents for the time being are authorised.
FINISHING employment with issuing authority of the AIC results in the cessation of authority for the AIC. The AIC needs to be returned to that issuing authority.
GROUPS of people who do not need to display a CAA AIC are
1) foreign aircrew but they must wear their own issuing authorities AIC in front of outer garments.
2) undercover officers of either Customs or the Police etc.
3) pax with valid boarding pass for the purpose of embarking or disembarking a flight.
4) any pilot in command operating private operations for the purpose of embarking / disembarking/ servicing the aircraft must have a valid pilots license in their possession or any person being escorted by the pilot.
HOLDING a temporary AIC, that person needs to be escorted by a person who has been issued with an AIC which has been through the check / vetting process.
If an ASO discovers an airport worker in a security area or SEA who is not authorised to be there the following steps should be taken.
Ascertain form the person what exactly is their purpose for being in the area CAA 1990 sect 84.
Ask to inspect their AIC
Upon establishing that the worker has no authority to be in the security / SEA area order them to leave the Security area.
Retain possession of the AIC and escort the person out of the security/SEA area.
Find out how they managed to gain access into the security area or SEA and file a report with findings to the Duty Sergeant.
Civil Aviation Rules Part 91 (you've got a gun) Carriage and discharge of firearms
A special dispensation is granted by the Director of Civil Aviation and supported by a written authority which allows the carriage of firearms into a sterile area.
This rule sets down the provisions for the carriage and discharge of firearms on board an aircraft. Strict control measures are in place so, unless authorities by the Director of Civil Aviation under rule part 19.9 firearms may only be stowed on an aircraft in a place that is inaccessible to any person during the flight such as the cargo hold and the firearm is disabled.
The exceptions which are authorised by the Director are as follows:
Firearms may be carried into the cabin of the aircraft if that aircraft is used solely for the carriage of the person or group associated with the firearm and the operator/airline allows it but the firearm must be disabled.
Aircraft carrying livestock are also allowed a firearm on board in case it may be necessary to immobilise the livestock due to safety concerns. The firearm may only be used if a crew member considers it necessary to ensure the safety of the aircraft and other crew.
A firearm is also allowed on board an aircraft if it is being used for the purpose of shooting or immobilising animals on the ground eg culling . In this case the firearm must not be loaded until the aircraft is near the area where the shooting is taking place. The only persons allowed onboard are the pilot and those involved in the shooting immobilising of animals. The fire can only be discharged if there is no threat of causing injury or damage to persons or property on the ground. The firearm must not be discharged over cities ,towns or settlements or over any open air assembly.
With regards to Police other law enforcement agencies or military a firearm may also be carried onboard a commercial transport if the person is legally entitled to carry a firearm in the course of their duties and has approval form the Director of Civil aviation. This application must be made to the Director one working day prior to the intended flight and the Director may impose conditions and or restrictions that must be adhered to.
AVSEC Mission Statement
witsoabtaossm
We improve the safety of aviation by the application of specific security measures.
AVSEC Screening Objectives
To ensure that no weapons or other dangerous object is being carried into a sterile area or on board an aircraft which may jeopardise the safety of the passengers , aircraft , crew or any other associated airport or security staff or building.
AVSEC Key Values
People Matter Innovation Risk Management Responsiveness Quality Strategic Focus
Organisational Leadership
Minister or Transportation - Simon Bridges
Director of Civil Aviation - Graeme Harris
General Manager of AVSEC - Mark Wheeler
International Civil Aviation Organisation (ICAO)
Conventions:
The Hague convention
The Tokyo convention
The Montreal convention
AVSEC is governed by the conditions as standards as laid down in ANNEX 17
It tells us what to do but not how to do it.
Aviation Crimes Act 1972 S2
Aircraft States
Inflight and In service
INFLIGHT : When all aircraft external doors are closed after embarkation until the time any external door is opened for disembarkation. If a forced landing then the aircraft is inflight until competent authorities of that country has assumed responsibility.
IN SERVICE : This from the time when pre-flight preparation of the aircraft by ground personnel or by the aircrafts crew begins for a specific flight until either:
1) The flight is cancelled.
2) Twenty four hours after the aircraft, having commenced a flight, has landed.
3) The aircraft makes a forced landing and authorities assume responsibility for the aircraft,pax, property on board the aircraft or the aircraft having commenced a flight ceases to be inflight - Which ever is the latest.
NZ Bill Of Rights 1990
Section 21
Everyone has the right to be secure against unreasonable search and seizure, whether of the person ,property or correspondence or otherwise.
Overview of the Screening Process
The main functions of the screening process are:
1) Load
2) Wand
3) X-Ray Screening
4) Hand Search of Bags
5) Trace Detection
Items place into the x-Ray machine must be at least 20 cm apart.
The machine is camera and film safe up to 1600ASA ( high speed film) however customers can request their camera and film to be hand searched.
We look for: Dangerous Goods LAGS over 100ml under 1 litre Explosive devices Prohibited Items
Searching of Pax and Bags covered under Aviation Crimes Act 1972 section 12
Pax can
Refuse screening
Refuse inspection of hand carried items
Withdraw permission at anytime unless there is an obvious threat
If the pax refuses neither there hand carried items or themselves are allowed to enter the sterile area
EXEMPTIONS FROM THE SCREENING PROCESS Heads of State and their spouse Prime Minister and their spouse Governor General and their spouse Airport Police All above for this to occur must be entering the sterile area as part of their duty.
Dangerous Goods Overview
Alcohol content below 24% is not a DG. Alcoholic beverages with less than 24% are not subject to any restrictions in the regulations.
In receptacles Not exceeding 5 litres with total quantity of 5 litres per person.
One box of Safety matches or one cigarette lighter of unabsorbed fuel allowed when carried on ones person.
Aerosols are DG unless it can be swallowed sprayed on ones self must not exceed
Improvised Explosive Device IED
LAGs
ALL WAYS REMEMBER TO OBTAIN PAX CONSENT
Items that fall under the LAGS category are not permitted into sterile areas unless exempt.
Random continuous searching will take place (close body wanding)
Pax must remove laptops and bulky electrical goods from hand baggage before screening.
Removal of bulky coats and jackets parkas and heavy coats must be completed before screening.
Applies to every pax processed through international/transit screening points.
Any crew processed through international/transit screening points
Any airport ,airline, govt agency staff member or contractors processed through international/transit screening points.
Lags are subject quantities of 100ml or 100gm and only total 1 litre.
Exemptions are
Baby foods and liquids
Medicines where the name on the item matches the traveller and his travel documents.
Empty containers/vessels
Legislation for search is CAA 1990 sect 80B
There is no lawful authority to remove LAGS it is a voluntary option
If the person refuses
Advise you supervisor
Airline officials will be advised to deal with pax
The pax may be offloaded
