Acts Online
GT Shield

Civil Aviation Act, 2009 (Act No. 13 of 2009)

Chapter 11

Part 1 : Offences ad Penalties

144. Penalties for contraventions other than sections 133 to 142, 145 and 148, and imposition of administrative penalties

 

(1) Any person who contravenes or commits an offence under this Act, the Convention or the Transit Agreement, or who fails to comply with any provision with which it is his or her duty to comply, is, except where another penalty is specially provided, liable on conviction to a fine or to imprisonment for a period not exceeding years or to both such fine and imprisonment.

 

(2) If a person referred to in subsection (1)—
(a) is the holder of a licence, certificate or rating issued under this Act, the court convicting him or her may, in addition to any penalty which may be imposed under subsection (1), cancel or suspend for a specified period, or order the endorsement of, such licence, certificate or rating; or
(b) is not the holder of any such licence, certificate or rating, the court may declare him or her to be disqualified from holding any licence, certificate or rating under this Act for such period as the court considers necessary.

 

(3) This section applies equally to the registered owner of an aircraft and to the pilot or person in charge thereof.

 

(4) The penalties provided in this Act are in addition to, and not substituting any, penalties imposed under any customs law or regulation relating to the importation or exportation of goods, and to persons entering or leaving the Republic by aircraft.

 

(5) The Director may, despite and in addition to taking any step he or she may take under this Act, impose an administrative penalty on any person for any failure to comply with this Act.

 

(6) An administrative penalty referred to in subsection (5) may not exceed the amount prescribed by the Minister for each day during which such failure continues.

 

(7) An administrative penalty imposed under subsection (5) must be paid to the Civil Aviation Authority within the period specified by the Director.

 

(8) If any person fails to pay an administrative penalty within the specified period, the Civil Aviation Authority may by way of civil action in a competent court recover the amount of the administrative penalty from such person.