Civil Aviation Act 2003

Link to law: http://laws.gov.ag/acts/2003/a2003-25.pdf

No. 25 of 2003. The Civil Aviation Act 2003. 1 ANTIGUA
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BARBUDA

[ L.S. ]
I Assent,

James B. Carlisle,
Governor-General.

2nd February, 2004.

ANTIGUA AND BARBUDA

No. 25 of 2003

AN ACT to make provision respecting the regulation, opera-
tion and control of Civil Aviation in Antigua and Barbuda.

[ 12th February, 20041

ENACTED by the Parliament of Antigua and Barbuda as
follows:

PART I

PRELIMINARY

1. This Act may be cited as the Civil Aviation Act 2003. Short title.

2. (1) In this Act, and any regulation made pursuant to this Interpretation.
Act,

"accident7' means an occurrence associated with the op- Definfiions.
eration of an aircraft which takes place between the time
any person boards the aircraft with the intention of flight
until such time as all such persons have disembarked, in
which -

(a) a person suffers a fatal or serious injury as a
result of-

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(i) being in or upon the aircraft;

(ii) being in direct contact with any part of
the aircraft, including parts which have
become detached from the aircraft; or

(iii) direct exposure to jet blast, except when
the injuries are from natural causes,
self-inflicted or inflicted by other per-
sons, or when the injuries are to stow-
aways hiding outside the areas normally
available to the passengers and crew;
or

(b) the aircraft sustains damage or structural fail-
ure which -

(i) adversely affects the structural strength,
performance or flight characteristics of
the aircraft; and

(ii) would normally require major repair or
replacement of the affected component,
except for engine failure or damage,
when the damage is limited to the en-
gine, its cowlings or accessories, or for
damage limited to propellers, wing tips,
antennas, tyres, brakes, fairings, small
dents or puncture holes in the aircraft
skin;&

(c) the aircraft is missing or is completely inac-
cessible;

"accredited representative" means a person designated by
a State, on the basis of his qualification, for the purpose
of participating in an aircraft accident investigation con-
ducted by another State;

"aerodrome" means any area of land, water or other sup-
porting surface used, designed, prepared, equipped or set
apart for use or designated either in whole or in part for

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the arrival, departure and surface movement of aircraft
and includes any buildings, installations and equipment
situated thereon or associated therewith,

"aeronautical product" includes any aircraft, aircraft en-
gine, propeller, or subassembly, appliance, material, part,
or component to be installed on an aircraft;

"Agreement" means the agreement establishing the East-
ern Caribbean Civil Aviation Authority made on 2 1 st day
of October, 2003, the text of which is set out in the Sched-
ule and to which the Government of Antigua and Barbuda
is a party;

"air operator" means any person who has been issued
a civil aviation document authorizing the use of air-
craft for air transport, aerial work or flight training
operations;

"aircraft" means any machine that is capable of deriving
support in the atmosphere from reactions of the air, other
than a machine designed to derive support in the atmo-
sphere from reactions against the earth's surface of air
expelled from the machine, and includes a rocket or such
machine to travel into outer space;

"airport" means an aerodrome that has been certificated
as an airport pursuant to regulations made under this Act;

"air operator certificate (AOC)" means a certificate au-
thorizing an operator to carry out specific commercial air
transport operations;

"authorized search" means a search carried out in such
manner and under such circumstances as may be pre-
scribed by regulations made under the authority of this
Act;

"Annexes to the Chicago Convention" mean the docu-
ments issued by the International Civil Aviation
Organisation (ICAO) containing the Standards and Rec-
ommended Practices applicable to civil aviation;

"Authority" means Eastern Caribbean Civil Aviation Au-
thority established by Article 3 of the Agreement;

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"Antigua and Barbuda aircraft" means an aircraft regis-
tered in Antigua and Barbuda;

"aviation occurrence" means any accident or incident
associated with the operation of an aircraft;

"aviation security officer" means a person who has re-
ceived training pursuant to regulations made under this
Act and appointed a security officer by the Minister and
a member of the Royal Antigua and Barbuda Police when
assigned airport security duties;

"Board" means the Board established under Article 10 of
the Agreement;

"Chicago Convention" means the International Civil Avia-
tion Convention signed at Chicago on 7th December 1944
and the protocols amending the Convention;

"citizen of Antigua and Barbuda means -

(i) an individual who is a citizen of Antigua and
Barbuda;

(ii) a partnership of which each member is a citi-
zen of Antigua and Barbuda;

(iii) a corporation or association established un-
der the laws of Antigua and Barbuda in which
majority of the shares are held by citizens of
Antigua and Barbuda;

"civil aircraft" means any aircraft other than a state or
public aircraft;

"civil aviation document" means any licence, permit,
accreditation, certificate or other document issued by the
Director-General under this Act with respect to any per-
son or in respect of any aeronautical product, aerodrome,
facility or service;

"commercial air service" means any use of aircraft for
hire or reward;

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L L ~ ~ m m u n i ~ a t i o n record" means the whole or any part
of any record, recording, copy, transcript or substan-
tial summary of any type of communications respect-
ing air traffic control or related matters that take place
between any of the following persons, namely, air traf-
fic controllers, crew members, airport vehicle opera-
tors, flight service station specialists and persons who
relay messages respecting air traffic control or related
matters;

"controlled item" means those items designated as dan-
gerous to aviation security and set out in the Aviation
Security Standards;

"court" means the Eastern Caribbean Supreme Court;

"dangerous goods" means articles or substances which
are capable of posing significant risks to health, safety or
property when transported by air;

"Director General" means the Director-General of Civil
Aviation appointed under Article 11 of the Agreement;

"flight crew member" means a licensed crew member
charged with duties essential to the operation of an air-
craft during flight;

"general aviation operation" means all civil aviation op-
erations other than scheduled air services and non-sched-
uled air transport operations for remuneration or hire;

"goods" means anything that may be taken or placed on
board an aircraft as personal belongings, baggage, cargo,
or mail;

"hire or reward" means any payment, consideration, gra-
tuity or benefit, directly or indirectly charged, demanded,
received or collected by any person for the use of an
aircraft; either scheduled or non-scheduled;

"ICAO" means the International Civil Aviation
Organisation;

"ICAO Conventions" means the Chicago Convention

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1944, the Tokyo Convention 1963, the Montreal Con-
vention 197 1 and any enactment giving effect to the said
Conventions;

"inspector" means a person appointed by the Director
General under section 13 for the purposes of administer-
ing this Act and any regulations made thereunder;

"incident" means -

(a) any occurrence, other than an accident, asso-
ciated with the operation of an aircraft, which
affects or could affect aviation safety; or

(b) any situation or condition that the Minister
has reasonable grounds to believe could, if
left unattended, contribute to an accident or
incident described in paragraph (a);

"Investigator" means a person assigned, due to his quali-
fication and expertise, to conduct 'aircraft occurrence in-
vestigations;

"Investigator-in-charge" means an investigator charged,
on the basis of his qualifications, with the responsibility
for the organization, and control of an aircraft occurrence
investigation;

"Member State" has the same meaning assigned to it un-
der the Treaty establishing the Organisation of Eastern
Caribbean States (OECS) signed at Basseterre on 18th
June 1981 or under the Revised Treaty of Chaguaramas
establishing the Caribbean Community (CARICOM), in-
cluding the CARICOM Single Market and Economy
signed at Nassau, The Bahamas, on 5th July 2001 ;

"Minister" means the Minister responsible for the regu-
lation of Civil Aviation;

"pilot-in-command" means, in relation to an aircraft used
in a commercial air service, the pilot designated by the
operator, or in the case of general aviation the owner or
pilot designated by the owner, as being in command and
charged with the safe conduct of the flight;

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"public aircraft" means an aircraft used exclusively in the
service of any government of any political jurisdiction
thereof, but not including any government owned aircraft
engaged in operations which meet the definition of com-
mercial air services;

"screening" means the control, identification, observa-
tion, inspection or search of persons and goods to pre-
vent access to security restricted areas and air transport
in contravention of this Act or any regulations made there-
under;

"search" means a search carried out under this Act for the
purpose of aviation security in such a manner and such
circumstances as may be prescribed by regulations;

"Security officer" includes a member of the Police Force
of Antigua and Barbuda assigned airport duties, a secu-
rity officer, a customs officer and an immigration officer,
as may be designated by the Minister to be a security of-
ficer for the purposes of this Act;

"Security restricted area" means any area of an airport,
or navigation facility or an area of such facility when the
facility is not located at an airport, into which access is
controlled to ensure security of civil aviation; and

"State aircraft" means any aircraft used exclusively in
military, state or government service.

3. (1) This Act applies to all persons and to all aeronautical Application of
products and other related things in Antigua and Barbuda, to Act.

all persons outside Antigua and Barbuda who hold civil avia-
tion documents and to all aircraft registered or operated under
the authority of a civil aviation document and passengers and
crew members thereon such aircraft when operated outside
Antigua and Barbuda.

(2) Notwithstanding subsection (1), sections 36 to 40 do not
apply -

(a) to a member of the Antigua and Barbuda Defence
Force acting in that capacity;

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The Civil Aviation Act 2003. No. 25 of 2003.

(21) to any other person in relation to civil aviation docu-
ment issued in respect of a military aircraft, mili-
tary aerodrome or military facility; and

(c) to operations of state or public aircraft.

(3) The term "aircraft", when used in this Act or in Regula-
tions issued under this Act, shall refer to civil aircraft only, and
will not include state or public aircraft.

Application of (4) Every person exercising the privileges accorded by a civil
foreign law. aviation document in a foreign state and every Antigua and

Barbuda aircraft operated in a foreign state shall comply with
or be operated in accordance with the applicable civil aviation
laws of that state.

Conflicts. (5) Nothing in this Act shall be construed as requiring a per-
son or aircraft to contravene or be operated in contravention of
a law of a foreign state that applies to or in respect of the person
or aircraft.

Contravention (6) Every person who commits an act or omission outside
Antigua Antigua and Barbuda that if committed in Antigua and Barbuda

and Barbuda would be a contravention of a provision under this Act shall be
deemed to have committed a contravention of the provision
under this Act and may be proceeded against and punished in
the place where the person is found as if the contravention had
been committed in that place.

PART I1

RESPONSIBILITIES OF THE MINISTER

Functions of the 4. The Minister is responsible for the development and the
Minister. supervision of all matters connected with civil aviation and, in

the discharge of those responsibilities, the Minister may

(a) promote civil aviation by such means as the Minis-
ter considers appropriate;

6) construct, maintain and operate aerodromes and
establish and provide other facilities and services
relating to civil aviation;

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(c) establish and provide facilities and services for the
collection, publication or dissemination of informa-
tion relating to civil aviation and enter into arrange-
ments with any person or branch of government for
the collection, publication and dissemination of that
information;

(d) undertake, and cooperate with persons undertaking
such projects, technical research, study or investi-
gation as in the opinion of the Minister will pro-
mote the development of civil aviation;

(e) cooperate with officers of the Government and
assist them in providing any services under their
jurisdiction that may require any aerial work and
collaborate with officers employed in aviation
services of the Government in such extension of
their work as the development of civil aviation
may require;

take such action as may be necessary to secure by
international regulation or otherwise the rights of
the Government in international air traffic and the
carrying out of obligations under any international
convention, any annex thereto, relating to air navi-
gation and air transport to which Antigua and
Barbuda is a party and the recognition and irnple-
mentation of standards and recommended practices
particularly as issued by the International Civil
Aviation Organisation;

(&) cooperate with officers of the Government on all
matters relating to customs, immigration, aviation
security, defence, or any other matters as appropri-
ate;

(h) cooperate or enter into adrmnistrative arrangements
with civil aviation authorities of other governments
or foreign states with respect to any matter relating
to civil aviation;

(i) cause an investigation, examination and report
on the operation and development of commer-
cial air services in, to or from Antigua and
Barbuda;

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G;) provide assistance to persons, governments and or-
ganizations in relation to matters pertaining to civil
aviation;

(k) for the purposes of protecting passengers, crew
members, aircraft, air navigation facilities, aero-
dromes and other aviation facilities, preventing
unlawful interference with civil aviation and ensur-
ing that appropriate action is taken where that in-
terference occurs or is likely to occur;

(I) for the purposes of providing aviation weather ser-
vices that will ensure the safety, regularity and ef-
ficiency of aircraft operation, enter into arrange-
ments with any branch of the Government of
Antigua and Barbuda that is capable of and respon-
sible for providing those services or, where those
arrangements cannot be made, enter into arrange-
ments with any person or organization with respect
to the provision of those services in such form and
manner and at such places as the Minister consid-
ers necessary; and

(m) undertake such other activities in relation to civil
aviation as the Minister considers appropriate.

The Minister 5. For the purpose of discharging his functions under this
enter into Act, the Minister may, subject to the provisions of this Act and

agreements. any regulations made thereunder, do anything and enter into
any transaction which, in the opinion of the Minister, is neces-
sary to ensure the performance of his functions under this Act.

Aerodromes and 6. (1) The Minister may -
Airports.

(a) establish and maintain aerodromes;

(b) provide and maintain, in connection with aero-
dromes established by him, roads, approaches, ap-
paratus, equipments and buildings and other accom-
modation;

(c) provide and maintain facilities and equipment for
the purpose of promoting the safety of air naviga-
tion, including but without prejudice to the gener-

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ality of the foregoing, visual and non-visual navi-
gation aids, visual and non-visual approach and
landing aids, communications services;

(d) alter, abolish, remove or add to any aerodrome, road,
approach, apparatus, equipment, building, accom-
modation or facilities established or provided by
him;

(e) vary the character of any facilities provided by him
for the purpose of promoting the safety of air navi-
gation, or of the signals or assistance given thereby;

fl determine the conditions of use of any aerodrome
established by him and determine whether any such
aerodrome shall be open to the public use; and

(a) determine the conditions of use of any facilities or
equipment provided by him for the purpose of pro-
moting the safety of air navigation.

(2) For the avoidance of doubt, it is hereby declared that the Cap. 23.
following purposes are public purposes within the meaning of
section 9 of the Constitution of Antigua and Barbuda, that is to
say -

(a) the purposes specified in paragraphs (a), (bj, (c)
and (d) of subsection (1); and

(b) the purpose of securing land in the vicinity of the
site of an aerodrome which the Minister has estab-
lished or acquired or is about to establish or acquire.

7. (1) The Minister may by Order published in the Gazette Ministerial
declare that any area of land specified in the Order shall be Orders and

directions.
subject to the control of the Development Control Authority
established under section 5 of the Physical Planning Act. NO. 6 of 2003.

(2) Where any such Order is in force, pursuant to subsection
(1) the Minister may, notwithstanding the provisions of any
other law, give directions -

(a) preventing lands adjacent to or in the vicinity of an
airport or an airport site from being used or devel-

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oped in a manner that is, in the opinion of the Min-
ister, incompatible with the operation of an airport
or the safe operation of an airport or an aircraft;

(b) preventing lands adjacent to or in the vicinity of
facilities used to provide services relating to air
navigation or being used or developed in a manner
that would, in the opinion of the Minister, cause
interference with signals or communications to and
from aircraft or to and from those facilities;

(c) restricting the height of buildings or structures or
for requiring the total or partial demolition of any
building or structure within the Order;

(d) restricting the height of trees and other vegetation
upon any land within the area, or for requiring any
tree or other vegetation upon any such land to be
cut down or reduced in height;

(e) closing any private right of way over land within
the area;

Gf) restricting the installation of cables, mains, pipes,
wires or other apparatus over, on or under any land
within the area;

( ' for extinguishing, at the expiration of such period
as may be specified by the directions, any subsist-
ing right of installing or maintaining any such ap-
paratus as aforesaid over, on or under any land
within the area; and

(h) requiring that, before the expiration of such period
as may be specified by the directions, any such ap-
paratus shall be removed from the land within the
area.

(3) An Order made under this section may contain such con-
sequential, incidental and supplemental provisions as appear to
the Minister to be necessary or expedient for the purposes of
the Order, including in particular, provisions for empowering
any person authorised in that behalf by the Minister to remove,
pull down, or alter, so as to bring into conformity with the re-

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quirements of any direction given under the Order, any build-
ing, structure, tree, vegetation or apparatus which contravene
those requirements.

(4) Where the Minister makes or has under consideration
the making of an Order under this section in respect of any
land, any person authorised in that behalf in writing by the Min-
ister may at all reasonable times, on producing if so required
evidence of his authority, enter upon any of the land in order to
make any survey which the Minister requires to be made for
the purposes of any steps to be taken in consequence of the
Order or, as the case may be, for the purpose of determining
whether the Order should be made.

( 5 ) The Minister shall give notice of any direction given in
pursuance of this section by publishing the direction in the
Gazette and by taking reasonable steps to ensure that a copy of
the direction is served on every owner, lessee or occupier of
any land, buildings or apparatus affected by the direction and
upon any local authority in whose area the subject matter of
the direction is situate.

PART I11

FUNCTIONS AND PURPOSES OF THE AUTHORITY

8. The Authority is a legal body vested with all the powers Eastern
and characteristics of a body corporate, having perpetual suc- Cayib- Civil

Av~atlon cession and a common seal with capacity to hold and dispose Authority,
of property and to sue and be sued in its corporate name.

9. The Authority shall be funded in accordance with Article Funding of the
17 of the Agreement and by the receipt of fees and other charges AuthO"~.

for the performance of its functions or the provision of services
under this Act.

10. (1) The Director General shall be appointed in accor- Appointment of
dance with Article 10 of the Agreement. Director General

Civil Aviation.

(2) Without prejudice to subsection (3), the Minister may
give to the Director General such directions of a general char-
acter as to the performance of his functions as he thinks appro-
priate.

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(3) The Minister may give the Director General directions to
do a particular thing or refrain from doing a particular thing if
the Minister considers it appropriate to give such directions -

(a) in the interests of national security; and

(6) in connection with any matter appearing to him to
affect the relations of Antigua and Barbuda with
another country or territory.

(4) The person appointed pursuant to Article 10 of the Agree-
ment shall -

(a) be deemed to be the Director General for Antigua
and Barbuda and shall exercise the functions and
powers set out in this Act; and

(b) subject to any general or special directions given
by the Minister, exercise any functions or powers
delegated by the Minister in the same manner and
with the same effect as if those powers had been
conferred on that person by this Act.

(5) Where the Director General purports to act pursuant to
any delegation under this section, the Director General shall, in
the absence of proof to the contrary, be presumed to be acting
in accordance with the terms of the delegation.

(6) The Director General shall have and may exercise such
functions and powers as may be conferred or imposed on him
by regulations made under this Act, and without limiting such
functions and powers as may be delegated to him by the Minis-
ter under subsection (4) shall -

(a) exercise control over entry into the civil aviation
system through the granting of civil aviation docu-
ments under this Act or any regulation made pursu-
ant to this Act;

(6) take such action as may be appropriate in the pub-
lic interest to enforce the provisions of this Act, in-
cluding the carrying out or requiring of inspections
and audits;

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(c) be responsible for the provision of safety services
including:

(i) registration and certification of aircraft;

(ii) control over the airworthiness of aircraft;

(iii) licensing and certification of personnel who
perfom1 duties related to aviation;

(iv) prescribing civil aviation safety and security
standards;

(v) establishing commercial air service standards
and administering the certification of air trans-
port, aerial work, and flight training units; and

(vi) certification of airports and alrport services.

(d) subject to section 31 conduct, co-ordinate, and as-
sist in aviation occurrence investigations and inquir-
ies;

(e) take measures for the prevention of aircraft acci-
dents and incidents;

fl where delegated by the Minister, collect any fees
or charges payable to the Minister under the au-
thority of this Act or regulations made thereunder;
and

(g) advise the Minister with respect to regulations to
be made pursuant to section 49.

11. (1) Without limiting subsection 10 (4) where the Direc- Director General
tor General believes, on reasonable grounds, that safety is be- may issue

ing or is likely to be compromised, the Director General may, directives.

by publication in the Gazette, issue directives in respect of the
safety of aircraft, persons or property carried therein, or the
safety, efficiency or regularity of air navigation.

(2) A directive issued pursuant to subsection (1) shali have
the effect of a regulation made under this Act and shall be in
such form as the Minister specifies by regulation.

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Director General 12. The Director General may appoint any person to be an
may appoint a Inspector for the purposes of administering and enforcing the
person to be an
Inspector. provisions of this Act or any regulations made thereunder.

The Director 13. (1) Subject to subsection (2), the Director General may
General may by notice delegate any of his functions to a person appointed
delegate
functions. pursuant to section 12 as an Inspector or to any employee of the

Authority on such conditions as he may specify in the notice.

(2) The Director General shall not delegate a function under
Part VIII of this Act.

~ m ~ l o ~ m e n i of 14. The Board of Directors of the Authority may appoint
and such officers, consultants and employees as may be necessary

staff. for the proper administration of this Act.

PART IV

LICENSING OF AIR TRANSPORT OPERATIONS

Establishment of 15. (1) There shall be established in accordance with the
air transport provisions of the Schedule, an Air Transport Licensing Board
licencing Board. (in this Act referred to'as " the Licensing Board") with the gen-

eral duty to deal with applications for air transport licences or
permits in accordance with the regulations in that behalf made
by the Minister under section 52 and to approve the tariffs to be
charged for the transportation by air of passengers and cargo
and in the performance of its functions the Board shall have
regard to the co-ordination and development of air services
generally with the object of ensuring the most efficient service
to the public.

(2) The Minister may appoint such persons as the Minister
thinks suitable, having regard to their qualifications and exper-
tise, to be members of a Board.

Matters to be 16. The Board, in considering applications for air transport
considered by licences or permits, shall have regard to any regulation made
Board in
approving

pursuant to section 52 and to the following matters -
licences.

(a) the existence of other air services in the area though
which the proposed services are to be operated;

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(b) the existing or potential need or demand for any
services proposed;

(c) the degree of efficiency and regularity of the air
services, if any, already provided in that area,
whether by the applicant or by other operators;

(d) the period for which air transport services have been
operated by the applicant or by other operators;

(e) the extent to which it is probable that the applicant
will be able to provide a satisfactory service in re-
spect of safety, continuity, regularity of operation,
frequency, punctuality, reasonableness of charges
and general efficiency;

the financial resources of the applicant and any capi-
tal or other expenditure reasonably incurred, or any
financial commitment or commercial agreement
reasonably entered into in connection with the op-
eration of aircraft or a-jr transport services by any
person (including the appftcant) who is the holder
of any air services licence or permit already granted;

(g) the type of aircraft to be used;

@) any unfair advantage of the applicant over other
operators by reason of the terms and conditions of
employment of persons employed by him, and

(i) any objections or representations duly made in ac-
cordance with any regulations made under this Act:

Provided that the Board shall not be required to
consider any objection or representation which in
its opinion is frivolous or vexatious.

17. The Minister and the Board shall, from time to time, Minister to
consult together with regard to relations with other countries or with

territories affecting the exercise of its functions; and if in the
Board.

case of an application for an air transport service licence or
permit, the Minister is of the opinion that any air transport ser-
vice proposed would involve negotiations with the government
of some other country or territory of rights which it would be

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inexpedient for the time being to seek, the Minister may sus-
pend consideration of that application so far as it relates to that
service.

Minister to 18. Unless otherwise approved by the Minister, the Board
approve licences
and permits.

shall refuse to grant an air transport service licence or permit to
any person who is not either-

(a) a citizen of Antigua and Barbuda or a Member State;
or

(b) a body incorporated in Antigua and Barbuda or a
Member State, being a body which in the opinion
of the Board is substantially controlled by persons
who are citizens of Antigua and Barbuda or a Mem-
ber State.

Granting of 19. Where negotiations are concluded between the Govern-
licences to ment and the govemment of another country for an air services
designated
airlines. agreement, the Board, in considering an application by a desig-

nated airline of that country under that agreement for an air
transport licence or permit, shall in particular, have regard to
whether that airline is fit, willing and able to operate the pro-
posed service and shall not, except in so far as the Minister may
otherwise direct, have regard to any of the matters mentioned
in sections 16 and 17.

Board to delegate 20. The Board may, with the approval of the Minister, del-
powers. egate any of its functions to any member or officer of the Board

or any public officer.

Restriction on 21. No information with respect to any particular undertak-
disclosure of
infomution.

ing which has been obtained by virtue of regulations under sec-
tion 52 shall, without the consent of the person carrying on that
undertaking, be disclosed otherwise than in connection with
the execution of the regulations.

Disclosure
restriction does
not apply to
iudicial

22. Nothing in section 2 1 shall apply to the disclosure of any
information for the purposes of any legal proceedings which
may be taken by virtue of that subsection or of regulations made

proceedings. under section 52 or for the purposes of any report of such pro-
ceedings; but save as aforesaid that subsection shall, in relation
to any legal proceedings (including arbitrations) preclude any
person who is in possession of any information obtained by

No. 25 of 2003. The Civil Aviation Act 2003. - 19 ANTIGUA
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virtue of such regulations from disclosing, and from being re-
quired by any court or arbitrator to disclose, that information
without the consent of the person carrying on the undertaking
to which the information relates.

PART V
SECURITY

23. (1) This Part applies to the protection against acts of Security.
violence -

(a) of aircraft, and of persons or property on board air-
craft;

(b) of airports, and of such persons or property at any
time present in any part of an airport or (in the case
of property) for part of an airport or is at any time
whether permanently or temporarily in any part of
the alrport; and

(c) of air navigation installations that do not form part
of an airport.

(2) In this part, "act of violence" means -

(a) any act committed in Antigua and Barbuda .that con-
stitutes the offence of murder, attempted murder,
manslaughter, assault or any offence under the Of-
fences Against the Person Act; and cap. 300.

(b) any act committed in violation of the ICAO Con-
ventions when committed on board an aircraft -

(i) registered in Antigua and Barbuda or in air-
craft under the control of a person who is
operating an aircraft under the authority of a
civil aviation document issued pursuant to this
Act;

(ii) operating in Antigua and Barbuda;

(iii) operating outside Antigua and Barbuda that
lands next in Antigua and Barbuda where the

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pilot in command turns the alleged offender
over to the authorities in Antigua and
Barbuda.

"aviation security offence" means an offence against
this Part or any security regulation made under this
Act; and

"in flight" means any period fiom the moment when
all aircraft external doors are closed following em-
barkation until the moment when any such door is
open for disembarkation and, in the case of a forced
landing due to unlawful interference with the flight,
any period until the competent authorities take over
responsibility for the aircraft and for persons and
property on board the aircraft.

Security 24. (1) The Minister may, for security reasons, designate
restricted area. any part of an airport or any air navigation installation or any

part of such installation when not part of an airport, to be a
security restricted area for the purposes of this Act and regula-
tions made thereunder.

(2) The Minister may delegate his powers to designate a se-
curity restricted area pursuant to subsection (1) to any person
who manages an airport or to any person in legal custody and
control of any air navigation facility.

(3) Every person in a security restricted area shall, on the
request of a security officer, state his name and address, and
produce satisfactory evidence of its correctness, and the pur-
pose of his presence in such area and his authority to enter it.

(4) A security officer may order, any person who has failed
to satisfy a request made under subsection (3) to leave a secu-
rity restricted area and any such person shall comply with such
an order.

(5) A security officer and any person he calls to his assis-
tance, may use such force as may be reasonably necessary to
remove fiom any security restricted area any person who fails
or refuses forthwith to leave the security restricted area after
having been ordered by a security officer to do so in accor-
dance with subsection (3).

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25. (1) A security officer, or an employee or agent of an air Screening of
operator authorized by the air operator for the purpose of avia- Pasons and

tion security may, with the consent of any person intending to property.

board any aircraft for a flight, carry out security screening of
the person and his baggage before such person enters a security
restricted area or boards any aircraft for the purpose of being
carried by air.

(2) An employee or agent of the air operator authorized by
the air operator for the purpose of aviation security or any se-
curity officer may examine any cargo before the cargo is ac-
cepted for transport by air, or is loaded on to any aircraft for the
purpose of being carried by air.

(3) Where under subsection (1) a person has refused consent
to aviation security screening of himself or his baggage and a
security officer has reasonable grounds to suspect that an avia-
tion security offence in relation to an aircraft on which that
person was to be carried has been, is being, or is likely to be,
committed, whether by that person or by any other person, such
security officer may, notify a member of the Police Force, on
duty who may without warrant, search that person who has de-
clined to allow himself or his baggage to be screened.

(4) The refusal of any person to allow himself or his bag-
gage to be screened under this section shall not of itself consti-
tute grounds for suspecting that an offence relating to aircraft
has been, is being, or is likely to be, committed.

(5) A security officer who exercises the power of screening
conferred by sub-section (1) shall be identifiable by wearing
the appropriate uniform, or if he is not in uniform he shall pro-
duce to the person being screened evidence that he is a security
officer.

(6) Nothing found in the course of aviation security screen-
ing or examination made under subsection (1) or (2) is admis-
sible as evidence in any criminal proceedings against the per-
son who, or whose baggage, has been screened, or, as the case
may be, the consignor of any cargo that has been examined,
other than proceedings in respect of a security offence, or pro-
ceedings in respect of any indictable offence.

ANTIGUA 22
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The Civil Aviation Act 2003. No. 25 of 2003.

Powers to arrest. 26. An aviation security officer or a member of the Police
Force may, without a warrant, arrest a person within an airport
or on board an aircraft -

(a) who commits an aviation security offence and, af-
ter being warned may be arrested, persists in its com-
mission; or

(b) who refuses to leave an aircraft, an aviation secu-
rity restricted area of the airport or navigation fa-
cility after being requested by a security officer to
do so; or

(c) if he has reasonable grounds to believe that the per-
son -

(i) has committed an aviation security offence
and he cannot establish the person's name
and address; or

(ii) is in the act of committing an aviation secu-
rity offence.

,

(3) Any person who, when called upon to do so by a mem-
ber of the Police Force, assists him in arresting any person com-
mitting an offence is not liable to be sued in any civil proceed-
ings.

Authorized 27. (1) Any person authorised by the Minister shall have
persons. power, on production of his credentials, to inspect, for the pur-

poses of this part -

(a) any aircraft registered or operating in Antigua and
Barbuda;

(b) any part of an airport including any security re-
stricted area; and

(c) any air navigation installation.

(2) An authorized person inspecting an aircraft or any part
of an airport or air navigation installation shall have power-

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(a) to seize any property found by him in the aircraft,
airport or navigation facility that may be a threat to
aviation security (but not the aircraft itself or any
apparatus or equipment installed in it) and to sub-
ject that property to tests; and

(6) to require the operator of the aircraft or the person
performing the functions of manager qf the airport, to
fimkh him with such information and documents, as
the authorised person may consider necessary.

(3) The powers conferred by subsection (1) do not include
power for an authorised person to use force for the purpose of
entering any aircraft, building or works or entering upon any
land that does not form part of an airport or navigation facility.

PART VI
MEDICAL AND OPTOMETRIC INFORMATION

28. (1) Where a medical practitioner, who has not been ap- Medical
pointed a civil aviation medical examiner believes on reason- examiners to
able grounds that a patient is a holder of a civil aviation docu- Pn'ov$'?nv
ment that imposes standards of medical fitness, he shall, if in
his opinion the patient has a medical condition that is likely to
constitute a hazard to aviation safety, pass all medical informa-
tion in relation to such medical condition, whatever the source,
to the Director-General.

(2) The Director-General may require a holder of a civil avia-
tion document to undergo a specified medical examination at
any time and under conditions he determines appropriate to
establishing medical fitness in the interest of aviation safety.

(3) The holder of a civil aviation document that imposes stan- Patient to advise.
dards of medical fitness shall, prior to any medical exarnina-
tion of his person by a medical practitioner, advise the medical
practitioner that he is b e holder of such a document.

(4) The Director-General may make such use of any infor- Use of Medical
rnation provided pursuant to subsection (1) as he considers nec- rePorfs.

essary in the interests of aviation safety.

(5) No legal, disciplinary or other proceedings lie against a No proceedings
medical practitioner for anything done by h h in good faith in lie.

compliance with this section.

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Information (6) Notwithstanding subsection (3), information provided
privileged. pursuant to subsection jl) is privileged and no person shall be

required to disclose it or give evidence relating to it in any le-
gal, disciplinary or other proceedings and the information so
provided shall not be used in any such proceedings.

Deemed consent.

Jurisdiction.

Investigation
under this part for
safety.

Investigation for
other than safety.

Establishment of
commission of
inquiry.

Investigating
Board.

(7) The holder of a civil aviation document that imposes stan-
dards of medical or optometric fitness shall be deemed, for the
purposes of this section, to have consented to the giving of in-
formation to a designated medical officer under subsection
(1) in the circumstances referred to in that subsection.

PART W
ACCIDENT INVESTIGATION

29. (1) An investigation of the probable cause of any avia-
tion occurrence shall be conducted in accordance with the
provisions of this Part.

(2) Findings which result fiom an investigation of an avia-
tion occurrence shall have the sole purpose of promoting avia-
tion safety.

(3) Nothing in this Act prevents the Royal Antigua and
Barbuda Police Force or any other body fiom investigating an
aviation occurrence for any purpose other than aviation safety.

30. (1) The Minister may by instrument establish a commis-
sion of inquiry to inquire into the circumstances of any occur-
rence involving an aircraft that, in his opinion, endangered the
safety of persons, and may designate the persons who are to be
members of that commission.

(2) Where the Minister establishes a commission of inquiry,
pursuant to subsection (I), the commission shall assume sole
responsibility for the investigation of an aviation oc~urreacc
with respect to which such commission is established and shall
determine the probable cause of the occurrence.

(3) At the conclusion of its investigations the cortnnhh of
inquiry shall submit, within such time as the Minister may
specify, a written report to the Mink& d&d@ -

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(a) the proceedings of the commission;

(b) the fmdings of the commission investigating into
the occurrence; and

(c) the reasons leading to the conclusions arrived at by
the commission.

(4) The commission of inquiry shall have all the power un-
der the Commissions of Inquiry Act as to - Cap. 91.

(a) the regulations of its proceedings;

(b) summoning and examination of witnesses; and

(c) the production of documents.

(5) The Instrument establishing the commission under sub-
section (1) -

(a) shall specify the terms of reference of the inquiry
to be undertaken by the commission;

(b) shall provide for the tenure and remuneration of its
members; and

(c) may direct that the proceedings of the commission
be closed to the public.

(6) The Minister may appoint such persons as the Minister
thinks suitable, having regard to their qualifications and exper-
tise, to be members of the commission of inquiry.

(7) Every witness who attends and gives evidence before Wimesses.
the commission of inquiry is entitled to be paid reasonable travel
and living expenses incurred.

31. (1) Where the Minister determines that it is necessary to Authority to
investigate an aviation occurrence, he shall appoint an investi-

Investigator-in-
gator-in-charge, who shall have the duties set out in subsection charge.
(2).

(2) Subject to subsection (3), an investigator-in-charge shall
have the authority to direct the conduct of the investigation in

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respect of the aviation occurrence to which his appointment
relates.

(3) The investigator-in-charge shall report to -

(a) the commission of inquiry charged with inquiring
into the aviation occurrence; or

(b) where no such committee is established, the Direc-
tor General.

(2) Where the commission of inquiry is established subse-
quent to the appointment of an investigator-in-charge, in rela-
tion to the same aviation occurrence, the Minister, may -

(a) confirm the appointment of the investigator-in-
charge; or

(b) revoke the appointment of the Investigator-in-
charge and appoint another person to be the inves-
tigator-in-charge.

Powers to 32. (1) The investigator-in-charge has exclusive authority to
investigate. direct the conduct of investigations in relation to aviation oc-

currences but the authority of the investigator-in-charge under
this subsection must be exercised in accordance with any regu-
lations made pursuant to this Part.

(2) Subject to the provisions of any other law, and subsec-
tion (3) an accredited representative shall have the rights and
privileges set out in ICAO Annex 13 (Aircraft Accident Inves-
tigation).

(3) An accredited representative, and any other persons in-
volved in the aviation occurrence investigation shall be subject
to the direction of the investigator-in-charge.

(4) An investigator-in-charge may, for the purposes of pre-
serving and protecting any thing involved or likely to have been
involved in an aviation occurrence, whether or not the thing
has been seized under this section, prohibit or limit access to
the area immediately surrounding the place at which the thing
is located for such period as is necessary for the purposes of the
investigation of the aviation occurrence.

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(5) No person shall knowingly enter an area in contraven- Contravention.
tion of a prohibition or limitation of access pursuant to subsec-
tion (4).

(6) Where an investigator is assigned to investigate an oc- Remuneration of
currence and that person is not an employee of the Authority I

nvestigator.

that person shall be paid, remuneration, subject to such terms
and conditions as the Minister thinks fit.

33. (1) Any on-board recording that relates to an aviation Recordings
occurrence being investigated under this Act shall be released
to an investigator who requests it for the purposes of the inves-
tigation.

(2) An investigator-in-charge may make such use of any
on-board recording obtained under this Act as he considers nec-
essary in the interests of aviation safety, but, unless requested
by a coroner, or ordered by the court, shall not knowingly com-
municate or permit to be communicated to anyone any portion
thereof that is unrelated to the causes or contributing factors of
the aviation occurrence under investigation or to the identifica-
tion of safety deficiencies.

(3) An on-board recording may not be used against any of the
following persons in disciplinary proceedings, proceedings relat-
ing to the capacity or competence of an officer or employee to
perform the officer's or employee's hctions, or in legal or other
proceedings, namely air traffic controllers, crew members, airport
vehicle operators, flight service station specialists, and persons who
relay messages respecting air traffic control or related matters.

(4) A communication record obtained during an investiga-
tion under this Part shall not be used against any person re-
ferred to in subsection (1) in any criminal proceedings or, sub-
ject to any applicable collective agreement, in any disciplinary
proceedings.

34. Except for proceedings before and investigations by a Investigators as
coroner, an investigator is not competent or compellable to ap- Witness.

pear as a witness in any proceedings unless the court or other
person or body before whom the proceedings are conducted so
orders for special cause and in the investigators opinion is not
admissible in evidence in any legal, disciplinary or other pro-
ceedings.

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Application.

The Civil Aviation Act 2003. No. 25 of 2003.

PART VIII
ENFORCEMENT

35. In sections 36 to 40 "civil aviation document" includes
any document containing any privilege accorded by a civil avia-
tion document.

Regulatory 36. In addition to any ground for suspension, cancellation or
grounds for refusal of renewal referred to in sections (37) to (40), the Di-
supension.

rector General may suspend, cancel or refuse to renew a civil
aviation document in such circumstances and on such grounds
as the Minister may by regulation prescribe.

Refusal to issue a 37. (1) The Director General may refuse to issue a civil avia-
tion document, where he is of the opinion that the public inter-

document in
public interest, est and, in particular, the record in relation to aviation of the

applicant or of any principal of the applicant warrant such re-
fusal.

(2) Where the Director General refuses to issue a civil avia-
tion document pursuant to subsection (I), he shall, by personal
service or by registered mail, send to the last known address of
the holder a notice of his decision to refuse to issue the docu-
ment and provide the reasons of his decision on the matter.

Suspension for
Contravention.

38. (1) The Director General may -

(a) suspend or cancel a civil aviation document on the
grounds that the holder of the civil aviation docu-
ment has contravened any provision of this Act or
any regulation made thereunder;

(b) suspend a civil aviation document on the grounds
that an immediate threat to aviation safety exists,
or likely to occur as a result of an act or thing hav-
ing been or proposed to be done under the author-
ity of the document;

(c) suspend or cancel a civil aviation document on the
grounds that the holder of the document is incom-
petent or ceases to have the qualification necessary
for the issue of a civil aviation document or failed
to comply with the conditions for the issue of a civil
aviation document;

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(d) suspend, cancel or refuse to renew a civil aviation
document on medical grounds.

(2) Where the Director General decides to suspend or cancel
a civil aviation document pursuant to subsection (1) (a), the
Director-General shall, by personal service or by registered mail,
send to the last known address of the holder of the civil avia-
tion document, a notice of his decision and of the effective date
of the suspension or cancellation, but no such suspension or
cancellation shall take effect earlier than the date that is thirty
days after the notice under this subsection is served or sent.

(3) Where the Director-General decides to suspend a civil
aviation document pursuant to subsection (1) (h), the Director-
General shall, forthwith by personal service or by registered
mail send to the last known address of the holder of the civil
aviation document in respect of whom the suspension affects, a
notice of his decision.

(4) A notice under subsection (2) or (3) shall be in such form Contents of
as the Minister may by regulation prescribe and shall, in addi-
tion to any other information that may be so prescribed -

(a) in the case of a suspension or cancellation under
subsection (1) (a), indicate the provision of this Act
or of the regulation made under this Act that the
Director General believes has been contravened;

(b) in the case of a suspension under subsection (1) (b),
indicate the immediate threat to aviation safety that
the Director General believes exists, or is likely to
occur as a result of an act or thing having been, or
proposed to be done under the authority of the civil
aviation document concerned, and the nature of that
act or thing; and

(c) in the case of subsection (1) (c) and (d) indicate, as
the case requires,

(i) the nature of the incompetence of the holder
of the civil aviation document that the Direc-
tor General believes exists, the qualifications
necessary for the issuance of the document
that the Director General believes the holder

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of the document or the aircraft, airport or fa-
cility in respect of which the document was
issued ceases to have or the conditions sub-
ject to which the document was issued that
the Director General believes are no longer
being met or complied with; or

(ii) the medical grounds on which the decision
of the Director General is based; and

(d) state the date, being thirty days after the notice is
served or sent, on or before which and the address
at which a request for a review of the decision of
the Director General is to be filed in the event the
holder of the civil aviation document wishes to have
the decision reviewed.

(5) The Minister may appoint a person, other than the Direc-
tor General, to conduct a review of a decision to suspend or
cancel a civil aviation document under subsection (1).

Request for ( 6 ) Where the holder of a civil aviation document is affected
review of by a decision of the Director General pursuant to subsection (1)
Director
General's wishes to have the decision reviewed, he shall, on or before the
decision. date prescribed under subsection (4) and specified in the no-

tice, by writing, file with the Minister at the address set out in
the notice a request for a review of the decision.

Request for (7) A request for a review of the decision of the Director
review a stay General under subsection (6 ) does not operate as a stay of the
of suspension,
etc. suspension or cancellation of the civil aviation document to

which the decision relates.

(8) Where a request for a review has been filed with the Min-
ister a person appointed by the Minister under subsection ( 5 )
for the purpose may, subject to subsection (9), and on applica-
tion in writing by the holder of the civil aviation document af-
fected by the decision of the Director-General, and after con-
sidering such representations that may be made to him by the
holder of the civil aviation document and the Director General,
direct that the suspension or cancellation of a civil aviation
document pursuant to subsection (1) (a) be stayed until the re-
view of the decision of the Director General has been concluded.

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(9) On receipt of a request filed in accordance with subsec- Ap~inhnent of
tion (6), the Minister shall - review time.

(a) within fifteen (15) days of the receipt of the request
for review of a suspension; and

(b) within seven days of the request for review of can-
cellation or refusal to renew a civil aviation docu-
ment,

appoint a time and place for the review of the decision referred
to in the request and in writing notify the Director General and
the person who filed the request of the time and place so ap-
pointed.

(10) At the time and place appointed under subsection (9) Review
for the review of the decision, the person appointed by the Min- p

rocedure.

ister to conduct the review shall provide the Director General
and the holder of the civil aviation document affected by the
decision with a full opportunity consistent with procedural fair-
ness and natural justice to present evidence and make represen-
tations in relation to the review of the suspension, cancellation
or the refusal to renew the civil aviation document.

(1 1) On a review, under this section, of a decision of the Determination of
Director General to suspend or cancel a civil aviation docu- the p

erson

appointed by the ment or refusal to renew a civil aviation document, the person Minister,
appointed by the Minister to conduct the review may deter-
mine the matter by -

(a) confirming the suspension or cancellation or refusal
to renew a civil aviation document or substituting
his decision for the decision of the Director Gen-
eral; or

(b) in a case af a decision to suspend under paragraph
(b) of subsection (I), requesting the Director Gen-
eral to reconsider whether the immediate threat to
aviation safety referred to in subsection (1) (b) that
occasioned the suspension continues to exist or
likely to occur.

(12) On receipt of a request under subsection (8), the Di- Reconsideration.
rector General shall forthwith reconsider the matter and give a

ANTIGUA 32
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Burden of proof
on medical
grounds.

Determination

Further review of
suspension or
cancellation.

Right of appeal.

Nature of appeal.

Disposal of
appeal.

The Civil Aviation Act 2003. No. 25 of 2003.

notice of his decision to the holder of the civil aviation docu-
ment, who made the request and the person appointed by the
Minister to conduct the review.

(13) On a review under this section of a decision of the Di-
rector General to refuse to renew a civil aviation document on
medical grounds, the burden of establishing that the Director
General's decision in the matter is unjustified is on the person
requesting the review.

(14) On a review under this section of a decision of the Di-
rector General to suspend, cancel or refuse to renew a civil avia-
tion document, the person appointed by the Minister to conduct
the review may determine the matter by confirming the suspen-
sion, cancellation or refusal to renew or by referring the matter
back to the Director General for reconsideration.

(1 5) Where a matter of the suspension or cancellation of, or
refusal to renew, a civil aviation document is referred back to
the Director General for reconsideration under subsection (l4),
the Director General shall forthwith reconsider the matter and
give a notice of his decision to the holder of the civil aviation
document who made the request and the person appointed by
the Minister to conduct the review.

(16) The Minister may apply the provisions of this Part for a
further review of a decision of the Director General.

39. (1) Any person affected by the determination of the Di-
rector General or the person appointed by the Minister to con-
duct a review under this Part may, within ten days after the
determination, appeal the determination to the Eastern Carib--
bean Supreme Court.

(2) An appeal to the court shall be on the merits based on the
record of the proceedings from whose determination the appeal
is taken but the court shall allow oral argument and, if it deems
it necessary for the purposes of the appeal, shall hear evidence
not previously available.

(3) The Eastern Caribbean Court of Appeal may dispose of
an appeal from the determination of the Director General or of
a person appointed by the Minister to conduct a review, by -

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(a) allowing the appeal, substituting its decision for .the
determination appealed against; or

(b) dismissing it.

40. (1) No person shall - Prohibitions,
offences and
punishment.

(a) willfully destroy any document required under this
Act to be kept;

(b) make or cause to be made any false entry in a record
required under this Act to be kept with intent to
mislead or willfully omit to make any entry in any
such record;

(c) except as authorized under this Act, willfully oper-
ate or otherwise deal with an aircraft that has been
detained under this Act;

(d) operate any aircraft in such a negligent or reckless
manner as to endanger or to be likely to endanger
the safety of persons or property;

(e) endanger the safety of an aircraft by interference
with its navigation equipment, safety equipment or
with aerodrome safety services facilities;

Cf) operate as a crew member of an aircraft while un-
der the Influence of alcohol or a prohibited sub-
stance to such an extent so as to impair his ability
to carry out his assigned duties;

(g) purport to issue any aviation document for the pur-
poses of this Act or any regulations made thereun-
der when he is not authorised to do so;

(h) unlawfully interfere with any aircraft, aerodrome
or facilities provided for air navigation purposes;
or

(i) construct or otherwise erect a building or structure
that may interfere with safe navigation in contra-
vention of any order or direction given by the Min-
ister under the authority of this Act.

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(j) without lawful authority or excuse take or attempt
to take on board any aircraft -

(i) a firearm;

(ii) any explosive or incendiary device; or

(iii) any other dangerous or offensive weapon,
device or thing that could reasonably be used
to interfere with the operation of an aircraft
or pose a danger to persons on board an air-
craft.

(k) knowingly make any false representation for the
purpose of obtaining a civil aviation document or
any privilege accorded thereby;

(I) willfully obstruct any person who is performing
duties under this Act;

(m) willfully do any act or thing in respect of which a
civil aviation document, or a licence or permit is-
sued pursuant to Part IV of this Act, is required
except under and in accordance with the required
documents;

(n) willfully do any act or thing in respect of which a
civil aviation document, or a licence or permit is-
sued pursuant to Part IV of this Act, is required
where -

(i) the document that has been issued in respect
of that act or thing has expired, suspended or
cancelled; or

(ii) an order referred to in section 42 prohibits
the person from doing that act or thing;

(0) knowingly make any entry in a load sheet which is
incorrect or omits any particulars that ought to be
entered;

(p) refuse to provide information required of him un-
der subsection 24 (3);

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(2) Every person who - Contravention.

(a) contravenes clauses (a) to 0) of subsection (1) com-
mits an indictable offence;

(b) contravenes clauses (k) to (p) of subsection (1) com-
mits an offence punishable on summary conviction.

(3) Except as otherwise provided by this Act, every person
who contravenes a provision of this Act or any regulation, or-
der, or directive made under this Act commits an offence pun-
ishable on summary conviction.

(4) An individual who is convicted of a summary offence Punishment,
under this Act is liable to a fine not exceeding ten thousand I

ndividuals.

dollars ($10,000.00) and, in the case of an offence referred to
in subsection (I), to imprisonment for a term not exceeding
twelve (12) months, or both such fine and imprisonment.

(5) No proceedings by way of summary conviction under Limitation
this Act may be instituted after twenty-four months from the period.

time when the subject-matter of the proceedings arose.

(6) A corporation that is convicted of a summary offence Punishment,
under this Act is liable to a fine not exceeding fifty thousand co~o"tions.

dollars ($50,000.00).

(7) Where an offence against this Act or any regulation, or- Directors
der, or directive made pursuant to this Act has been committed liability.

by a body corporate, every person, who at the time of the com-
mission of the offence was a Director, or responsible Manager,
or other similar officer of the body corporate, or was purport-
ing to act in any such capacity, is deemed to have committed an
offence unless he proves that the offence was committed with-
out his consent or connivance and he exercised all such dili-
gence to prevent the commission of the offence as he ought to
have exercised having regard to the nature of his functions in
that capacity.

(8) Where, a person is convicted of a second or subsequent Punishment,
offence under this Act, the fine shall not be less than ten thou- subsequent

offences.
sand dollars ($10,000.00).

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Continuing (9) Where an offence under this Act is committed or contin-
Offence. ued on more than one flight or segment of a flight, it may be

deemed to be a separate offence for each flight or segment of a
flight on which the offence is committed or continued.

Court may order 41. (1) Where a person is convicted on indictment of an Of-
forfeiture. fence referred to in section 40 (0, (m) or (n) in relation to the

operation of a commercial air service, the court may, in addi-
tion to any other punishment it may impose, order that any air-
craft used in the commercial air service be forfeited and, on the
making of such an order, the aircraft is forfeited to the Crown.

Application by (2) Any person other than a person convicted of an offence
person claiming under subsection (I) , who claims an interest in an aircraft for-
interest. feited under that subsection may, within 60 days after the for-

feiture, apply to a Judge in Chambers of the High Court for an
order under subsection (4).

Order by judge. (3) Where, on the hearing of an application, the judge is sat-
isfied that the person

(a) is innocent of any complicity in the offence that
resulted in the forfeiture and of any collusion in
relation to the offence with the person convicted
thereof, and

(b) exercise reasonable care to satisfy himself that the
aircraft concerned was not likely to be used in con-
travention of the provision,

the person is entitled to an order by the judge in respect of the
Applicant's interest in the application.

Application to (4) The Minister shall, on application made to him by any
the Minister. person who has obtained an order under subsection (3),

(a) direct that the aircraft to which the interest of the
person relates be returned to him; or

(b) direct that an amount equal to the value of the in-
terest of the person, as declared in the order, be paid
to such person.

Disposal of (5) Where no application is made under this section for an
forfeited aircraft. order in relation to an interest in a forfeited aircraft or an appli-

No. 25 of 2003. The Civil Aviation Act 2003.

cation is made and the judge or, on appeal, the court refuses to
make an order referred to in subsection (3), the aircraft shall be
disposed of in such manner as the Minister may direct.

42. The court may, in addition to any other punishment it
may impose on any person convicted of an offence under this
Act, make an Order -

37 ANTIGUA
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(a) prohibiting the person from doing any act or thing
authorized by any civil aviation document held by
him at all times while the document is in force or
for such period or at such times and places as may
be specified in the order; or

(b) prohibiting the person from operating an aircraft or
providing services essential to the operation of an
aircraft for such period or at such times and places
as may be specified in the order.

MONETARY ASSESSMENT FOR
CERTAIN CONTRAVENTIONS

43. (1) A person who contravenes a designated provision
commits an offence and is liable to the punishment imposed in
accordance with subsections (4) to (5) and no proceedings
against the person shall be taken until the person has been served
with the notice under subsection (3).

(2) Where the Director General believes on reasonable
grounds that a person has contravened a designated provision,
the Director General shall notify the person of the allegations
against the person in such form as the Minister may by regula-
tion prescribe, specifying in the notice, in addition to any other
information that may be so prescribed under subsection (1) -

(a) the amount that is determined by the Director-Gen-
eral, in accordance with such guidelines as the Min-
ister may make for the purpose by regulation under
section 5 1, to be the amount that must be paid to
the Minister by the person as the penalty for the
contravention; and

Prohibition by
Court.

Non-application
of summary
conviction
procedure.

Notice of
allegations of
contravention

(b) the time, being not less than thirty days after the
date the notice is served or sent, at or before which

ANTIGUA 38
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Service of notice.

Payment of
specified amount
precludes further
proceedings.

Failure to pay
specified amount.

Procedure for
appeal.

Persons liable to
be proceeded
against.

Operator of
aerodrome, etc.,
may be found
liable.

Defence.

The Civil Aviation Act 2003. No. 25 of 2003.

and the place at which the amount is required to be
paid in the event referred to in paragraph (a).

(3) A notice shall be served personally or by registered mail
sent to the last known address of.the person to whom the notice
relates.

(4) Where a person served with a notice under subsection
(3) pays the amount specified in the notice in accordance with
the requirements set out therein, the Director General shall ac-
cept the amount in full satisfaction of the amount of penalty for
the contravention by that person of the designated provision
and no further proceedings under this Act shall be taken against
the person in respect of that contravention.

(5) Where a person served with a notice under subsection
(3) fails to pay the amount specified in the notice in accordance
with the requirements set out therein, the person liable to pay
the penalty shall attend the Magistrate's Court on the date speci-
fied in the notice.

44. A person convicted by a Magistrate of a regulation pre-
scribed as a designated provision, may appeal against his con-
viction to the High Court.

45. (1) The registered owner, or the operator of an aircraft,
or the pilot in command of an aircraft may be proceeded against
in respect of an offence under this Act in relation to the aircraft
for which another person is subject to be proceeded against
unless, at the time of the offence, the aircraft was in the posses-
sion of a persoh, other than the owner, without the owners con-
sent and, if convicted of the offence is liable to the penalty pro-
vided as punishment thereof.

(2) The operator of an aerodrome or other aviation facility
may be proceeded against in respect of an offence under this
Act in relation to the aerodrome or facility for which another
person is subject to be proceeded against, unless the offence
was conlmitted without the consent of the operator of the aero-
drome or other aviation facility and, if convicted, is liable to
the penalty provided as punishment thereof.

(3) No person shall be convicted of an offence under this
Act or of any regulation made under this Act if the person exer-
cised all due care and diligence to prevent the contravention.

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(4) The certificate or report of a medical pradtitioner relat- Admissibility of
ing to the presence or concentration of alcohol in the blood, or evidence.

any other substance prohibited by regulations made pursuant
to this Act, is admissible in evidence in proceedings taken against
a person under this Act.

46. (1) Subject to subsection (3), an Inspector appointed Power to enter,
pursuant to section 12 or any person delegated pursuant to sec- seize,
tion 13 when so authorised in writing by the Director General and detain.

shall have access at all reasonable times -

(a) to inspecting the aerodrome, or any aircraft, or civil
aviation document or aviation facility located on
an aerodrome, or detain any aircraft;

(b) to any aircraft whether or not in flight, or other fa-
cility relating to civil aviation, or any premises used
for the design, manufacture, distribution, min-
tenance or installation of aeronautical products for
the purposes of making inspections relating to the
enforcement of this Act;

(c) to any place where an aircraft has landed including
point of origin of any product or goods being, or to
be shipped by air, for the purposes of an investiga-
tion of matters concerning aviation safety.

(2) An Inspector or any person delegated in the performance
of his duties authorized under subsection (1) may -

(a) seize anything found in any place referred to in sub-
paragraph (a), or (b), that the inspector or autho-
rized person believes on reasonable grounds will
afford evidence with respect to an offence commit-
ted under this Act; and

(b) detain any aircraft where an inspector or a person
delegated has reasonable grounds to believe that
such aircraft is likely to be operated in an unsafe
manner and shall take reasonable steps to ensure its
continued detention.

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Warrant required (3) Where any place referred to in subsection (1) or subsec-
to enter tion (5) of this section is a dwelling-house an inspector or a
house.

person authorized by this Act may not enter that dwelling-house
without the consent of the occupant except under the authority
of a warrant issued under subsection (4).

Warrant. (4) Where a magistrate is satisfied by Information on oath -

(a) that entry to a dwelling-house is necessary for the
purpose of performing any function of the Inspec-
tor appointed or the person designated pursuant to
this Act, and

(b) that entry to the dwelling-house has been refused
or that there are reasonable grounds for believing
that entry thereto will be refused, the Magistrate
may issue a warrant under his hand authorizing the
Inspector or the person appointed, or a member of
the Royal Police Force of Antigua and Barbuda to
enter that dwelling-house subject to such conditions
as may be specified in the warrant.

Use of force. (5) In executing a warrant under subsection (4), the Inspec-
tor appointed or the person delegated under this Act shall not
use force unless he is accompanied by a member of the Royal
Antigua andBarbuda Police Force and the use of force has been
specifically authorized in the warrant.

Proof of 47. (1) In any action or proceeding under this Act, any Docu-
Documents. ment certified by the Director General, to be a true copy of a

document made, given or issued under this Act is, without proof
of the signature or of the official character of the person ap-
pearing to have signed the document, evidence -

(a) of the original document of which it purports to be
a copy;

(b) that the original document was made, given or is-
sued by the Director General or deposited with the
person named therein and was made, given, issued
or deposited at the time stated in the certified copy,
if a time is stated therein; and

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(c) that the original document was signed, certified,
attested or executed by the persons and in the man-
ner shown in the certified copy.

(2) In any action or proceeding under this Act, any certifi-
cate purporting to be signed by the Director-General, stating
that a civil aviation document, authorization or exemption un-
der the Act -

(a) has or has not been issued to or in respect of any
person named in the certificate or in respect of any
aircraft, aerodrome or other aviation facility identi-
fied in the certificate, or

(b) having been issued to or in respect of any person
named in the certificate or in respect of any air-
craft, aerodrome or other aviation facility identi-
fied in the certificate, has expired, or has been can-
celled or suspended as of a date stated in the certifi-
cate, and stating, in the case of a suspension, the
period of the suspension,

is evidence of the facts stated therein, without proof of the sig-
nature or of the official character of the person appearing to
have signed the certificate and without further proof thereof.

48. In any action or proceeding under this Act, an entry in any Document entries
record required under this Act to be kept is, in the absence of evi- proof.

dence to the contrary, proof of the matters stated therein as against
the person who made the entry or was required to keep the record
or, where the record was kept in respect of an aeronautical prod-
uct, aerodrome or other aviation facility, against the owner or op-
erator of the product, aerodrome or facility.

PART IX
POWER TO MAKE REGULATIONS

49. (1) The Minister may make regulations respecting all Regulations
aspects of civil aviation including, regulating air navigation in respecting

A v ~ a t ~ o n .
Antigua and Barbuda for carrying out the Chicago Convention,
any Annex thereto relating to the international standards and
recomtnended practices (being an Annex adopted in accordance
with the Convention) and, any amendment of the Convention
or such Annex made in accordance with the Convention.

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(2) Without restricting the generality of the foregoing, the
Minister may make regulations respecting -

(a) the licensing of flight crew members, air traffic
controllers, operators of equipment and other per-
sons used to provide services relating to civil avia-
tion, including medical requirements;

(b) the licensing of persons engaged in the design,
manufacture, distribution, maintenance, approval,
certification or installation of aeronautical products
or equipment used to provide services relating to
civil aviation;

(c) the design, manufacture, distribution, maintenance,
approval, installation, inspection, registration, iden-
tification and certification of aeronautical products
and the design, installation, inspection, mainte-
nance, approval and certification of equipment and
facilities, including Telecommunication and Air
Navigation equipment and facilities, used to pro-
vide services relating to Civil Aviation;

(d) the approval of flight training equipment and avia-
tion training facilities;

(e) access to and activities carried out at aerodromes;

the location, inspection, certification, registration,
licensing and operation of aerodromes and the noise
from aerodromes including the noise from aircraft;

(g) certification of air operators including foreign op-
erators;

(h) the control and conditions under which aircraft may
be used or operated, or under which any act may be
performed in or from aircraft;

(i) the control and conditions under which passengers
or personnel belongings, baggage, mail, goods or
cargo of any kind may be transported by aircraft
and for ensuring the safe transport of dangerous
goods;

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the landing areas for aircraft and the conditions to
which such aircraft are subject;

the classification, control, and prohibition of use,
of airspace, aerial routes and aerodromes;

the provision of Aviation Weather Services by per-
sons other than the Government;

aviation safety and security, for the purpose of
safeguarding civil aviation operations against acts
of unlawful interference where such operations
are connected to the safety and security of pas-
sengers, crew, ground personnel and the general
public, including the use and operation of any
items and equipment likely to be hazardous to
aviation safety;

the preservation, protection, removal and testing of
aircraft or any part of an aircraft, involved in an
accident;

the seizing, protection and preservation of records
pertaining to an aircraft involved in an accident in-
cluding records pertaining to its flight and, for en-
suring the protection and preservation of aircraft
accident sites;

the disposition of personal belongings, baggage,
good, hazardous or dangerous items, goods and
chemicals, carried in or attached to an aircraft in-
volved in an accident;

the investigation of any aviation occurrence involv-
ing an aircraft, including the taking of statements
and for the promotion of aircraft accident preven-
tion measures;

the keeping the preservation of records and docu-
ments relating to aerodromes, activities with respect
to Civil Aviation, persons who hold Civil Aviation
documents and aeronautical products, equipment
and facilities used to provide services relating to
Civil Aviation;

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(s) the handling, marking, storage and delivery of fuel,
lubricants and chemicals used during or in
connection with the operation of aircraft;

(t) the operation of any person conducting maintenance
activity for and on aircraft used for commercial air
services;

(u) the restriction of obstacles to air navigation,
including the construction of roads and the erection
and marking of any building or other structure that
may interfere with air navigation within the vicinity
of an airport;

(v) the hours of work of crew members and
maintenance personnel in respect of any aircraft
used for commercial purposes and, the minimum
amount of liability insurance required of owners and
operators of aircraft;

(w) the medical requirements to be met and the medical
testing to be undertaken by persons in safety
sensitive positions relating to Civil Aviation,
including alcohol and drug testing;

(x) matters relating to National Emergencies;

(y) the forms to be issued and used in accordance with
the Act; and

(z) matters in respect of which fees are to be paid, the
amount of the fees and the persons by whom the
fees are to be paid and, authorizing the refund of
fees in such circumstances as may be prescribed.

Regulations 50. (1) The Minister may make regulations imposing, with
imposing respect to aircraft in flight in or at any aerodrome in Antigua
charges. and Barbuda, charges -

(a) for the availability during flights of any facility or
service provided by or on behalf of the Minister for
or in respect of any aircraft, whether or not, the fa-
cility or service is provided during flight, the flight
originates or terminates in Antigua and Barbuda or

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any portion of the flight is over Antigua and
Barbuda;

(b) in respect of an application for a civil aviation docu-
ment, or the issue, renewal, amendment or endorse-
ment of any such document issued or to be issued
under this Act whether or not the document is is-
sued, renewed, amended or endorsed.

(2) Any regulation made under subsection (1) may -

(a) prescribe the amount of charges imposed; and

(b) authorize any person to collect the charges on be-
half of the Minister.

(3) All charges imposed under this section constitute a debt
due to the Government and may be recovered as such in any
court of competent jurisdiction.

(4) Where a charge is imposed in respect of an aircraft under
this section, both the registered owner and operator of the air-
craft are jointly and severally liable for payment of the charge.

(5) The Minister may require registered owners or operators
of aircraft who have failed to pay on time any charges imposed
under this section to deposit each year with the Minister, or any
other person authorized under subsection (2) (b), security in
the form of a bond or letter of credit in an amount satisfactory
to the Minister to ensure full payment of the charges to be im-
posed in the next following year in respect of the aircraft, facil-
ity, service or any activity for which a civil aviation document
is required by regulations made pursuant to this Act.

( 6 ) Where the amount of any charge and interest thereon
due by a person that has been imposed under subsection (5)
has not been paid, the Minister may, in addition to any other
remedy available for the collection of the amount and whether
or not a judgment for the collection of the amount has been
obtained, on application to the Court, obtain an order of the
court, issued on such terms as the court deems necessary, au-
thorizing the Minister to seize and detain the aircraft.

Regulations
respecting
charges.

Debt due to the
Government.

Joint and several
liability.

Security for
payment of
charges.

Seizure and
detention for
charges.

(7) Where the amount of any charge and interest thereon
due by a person that has been imposed under subsection (5) has

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not been paid and the Minister has reason to believe that the
person is about to leave Antigua and Barbuda or take from
Antigua and Barbuda any aircraft owned or operated by the
person, the Minister may take such steps as necessary to seize
and detain any aircraft.

(8) The Minister may, in addition to any other remedy avail-
able for the collection of the amount and whether or not a judg-
ment for the collection of the amount has been obtained, on ex
parte application to the Court in which any aircraft owned or
operated by the person is situated, obtain an order of the Court,
issued on such terns as the Court deems necessary, authorizing
the Minister to seize and detain the aircraft.

Release on (9) Subject to subsection (lo), except where otherwise di-
payment. rected by an order of the Court, the Minister is not required to

release from detention an aircraft seized under this subsection,
unless the amount in respect of which the seizure was made is
paid.

Release on (10) The Minister shall release from detention an aircraft
Security. seized under this Part if a bond or other security in a form satis-

factory to the Minister for the amount in respect of which the
aircraft was seized is deposited with the Minister.

\.

Sale of Aircraft. (1 1) Subject to subsection (13) where any charges remain
outstanding ninety days after the date of the detention of an
aircraft, the Minister may sell the aircraft to satisfy the charges.

(12) The Minister shall not sell an aircraft under subsection
(1 1) unless he has leave of the Court of competent jurisdiction
and he has established to the satisfaction of the Court, that de-
fault of payment under this section lies with .the owner or op-
erator of the aircraft.

(13) The Minister may, by Order, exempt any aircraft from
seizure and detention under this section and such Order shall
be published in the Gazette.

Designation of 51. (1) The Minister may, by regulation, designate any pro-
provisions. vision of this Act as a regulation, the contravention of which,

may be dealt with in accordance with the procedure set out in
diksection.

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(2) The Minister may, prescribe in respect of a designated pro-
vision, the maximum monetary amount payable in respect of a
contravention of that provision, which amount shall not exceed -

(a) five thousand dollars ($5,000), in the case of an
individual, and

(b) ten thousand dollars ($10,000), in the case of a cor-
poration.

52. The Minister may make regulations - Regulations for
miscellaneous
matters.

(a) for the control of aircraft while canying passen-
gers or goods for hire or reward within Antigua and
Barbuda by any person;

(b) as to the circumstances in which a licence or permit
may be granted, refused, suspended or revoked and,
as to any matter to which the Air Transport Licens-
ing Board is to have regard in deciding whether to
grant or refuse a licence or permit;

(c) as to the conditions which may be attached to a li-
cence or pennit (including conditions as to fares,
freight or other charges to-be charged by the holder
of the licence or permit), and for securing compli-
ance with any conditions so attached;

(d) prescribing the information to be furnished to the
Air Transport Licensing Board by an applicant for
a licence or a permit or by the holder of a licence or
permit and the time form, and manner in which such
information is to be furnished;

(e) establishing different classes of aircraft and differ-
ent classes of licences or permits;

as to appeals from the decision of the Air Transport
Licensing Board by persons interested in the grant,
refusal, revocation or suspension of a licence or
pennit;

(g) as to the ticketing and identification of licence or
permit holder offering a service in conjunction with

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a code share agreement or alliance with other air
operators;

(h) as to the information to be furnished to the Air
Transport Licensing Board by an applicant for a
licence or permit;

(i) as to the terms of appointment, the tenure and re-
muneration of Air Transport Licensing Board mem-
bers;

) for the protection or preservation of any evidence
that has been seized without a warrant under para-
graph 46 (2) (a) or aircraft that has been detained
under paragraph 46 (2) (b); and

(k) the return of evidence or aircraft to the owner thereof
or the person whom the evidence was seized or who
has custody of the aircraft when it was detained.

Reporting of
occurences.

Anonymity of
persons
reporting.

Use of reports.

Exemptions by
Regulation.

53. (1) The Minister may make regulations for the establish-
ment and administration of systems for the mandatory or vol-
untary reporting of aviation occurrences or such classes thereof
as are specified in the regulations.

(2) Regulations made under subsection (1) may include rules
for the protection of the identity of persons who report aviation
occurrences.

(3) The Director General may, subject to this section, make
such use of any report made pursuant to regulations made un-
der subsection (1) as he considers necessary in the interests of
aviation safety.

54. (1) The Minister may make regulations exempting, on
such terms and conditions as may be specified in the regula-
tions, any person, aircraft of such description, flights, aerodrome,
facility or service from the application of any regulation made
under this Act.

(2) An exemption made pursuant to subsection (1) may be
granted to any person, aircraft of such description, flights, aero-
drome, facility or service whether or not any civil aviation docu-
ments have been issued under this Act.

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55. (1) The Director General may, subject to any directions Exemptions in
given by the Minister under section 11, and on such terms and public interest

conditions as he deems necessary, exempt any person, aircraft,
.aerodrome, facility or service from the application of regula-
tion, order, directive or standard made under this Act if in his
opinion the exemption is in the public interest and is not likely
to affect aviation safety.

(2) The Director-General may forthwith notify the Minister
of any exemption granted under this section.

56. (1) Any regulation made pursuant to this Act may make Incorporation by
for or in relation to a matter by applying, adopting or reference.

incorporating, with or without modification, any standard con-
tained in any written instrument or other document, and in par-
ticular the standards set out in the ICAO annexes, as may be in
force at the time or from time to time as the case may be.

(2) A regulation made under this Act incorporating by refer-
ence a classification, standard, procedure or other specifica-
tion, may incorporate the classification, standard, procedure or
specification as amended from time to time and in such case
the reference shall be read accordingly.

PART X
RELATED PROVISION

57. (1) Regulations respecting the suspension and revocation Continuation of
of licences or certificates made under the Civil Aviation Act, c .min 'e~u'a-
Cap. 86 shall remain in force until they are revoked. tlons.

COMING INTO FORCE

58. The Minister may by Notice published in the Gazette Commencement.
appoint a date on which this Act comes into force.

59. (1) The Civil Aviation Act Cap. 86 is repealed. Repeal.

(2) Net&ithstanding subsection (1) reguktions, orders or
rules or directions made or continued under the repealed Act
shall remain in force until they are revoked.

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SCHEDULE I
Section 15

THE AIR TRANSPORT LICENSING BOARD

1. The Board shall consist of not less than five and not more than seven members
appointed by the Minister.

2. There shall be paid to the members of the Board such remuneration (whether
by way of salaries or travelling or other allowances) as the Minister may deternine.

3. No person who for the time being has any interest, whether shareholder or
otherwise, in any business or undertaking -

(a) which provides transport for passengers or cargo whether by air, sea
or land; or

(b) which owns or operates an aerodrome; or

(c) which manufactures or deals in aircraft, aircraft engines or accessories;
or

(d) which caters for the supply-of food or drink or other consumable
stores for use on aircraft or aerodrome; or

(e) which supplies ,fuel or lubricants for public transport undertakings
whether by air, sea or land, shall act as a member of the Board unless
he has declared such interest to the Board and to the Minister, and if
any member of the Board shall fail to declare

such an interest, or if the Minister is satisfied that by reason of that interest it is
right and proper to do so, the Minister shall revoke the appointment of that person
as a member of the Board.

4. Three members of the Board including the chairman or deputy chairman,
I shall onstiiute a quorum for the transaction of business at meetings of the Board.

5. Subject to the provisions of this Act, the Board may regulate its own
procedure.

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SCHEDULE 11
Section 51

DESIGNATION OF PROVISIONS

The following provisions of section 40 are deemed to have been designated
provisions, the contravention of which, may be dealt with in accordance with the
procedure set out in section 5 1 of this Act.

No person shall -

(a) knowingly make any false representation for the purpose of obtaining
a civil aviation document or any privilege accorded thereby; (Section
40 (1) 6%).

(b) wilfully obstruct any person who is performing duties under this Act;
(Section 40 (1) (I).

(c) wilfully do any act or thing in respect of which a civil aviation
document, or a licence or permit issued pursuant to Part IV of this
Act, is required except under and in accordance with the required
documents; (Section 40 (1) (m).

(d) wilfully do any act or thing in respect of which a civil aviation
document, or a licence or permit issued pursuant to Part IV of this
Act, is required where -

(i) the document that has been issued in respect of that Act or thing
has expired, suspended or cancelled; or ,

(ii) an order referred to in section 42 prohibits the person from doing
that act or thing. (Section 40 (1) (n).

(e) Knowingly make any entry in a load sheet which is incorrect or omits
any particulars that ought to be entered; (Section 40 (1) (0).

ANTIGUA 52 The Civil Aviation Act 2003. No. 25 of 2003.
AND

BARBUDA

0 refuse to provide information required of him under subsection 24
(3); Section 40 (1) (p).

Passed the Housw of Representatives this Passed the Senate this 1 1 th day
25th day of Noveniber, 2003. of December, 2003.

B. Harris,
Speaker.

S. Walker,
Clerk to the House of Representatives.

M. Percival,
President.

S. Walker,
Clerk to the Senate.

Printed at the Government Printing Office, Antigua and Barbuda,
by Walter A. Massiah, Government Printer

- By Authority, 2003.
10-2.04 [Rice $19.751
Read Entire Law on laws.gov.ag