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Law library · Sierra Leone · Civil Aviation Act, 2017 for an effective aviation safety and security

Section 1: In this Act, unless the context otherwise requires-

Status not yet checkedCivil Aviation Act, 2017 for an effective aviation safety and security, Sierra Leone

"accident" means an occurrence associated with the operation 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 is fatally or seriously injured as a result of- (i) being in the aircraft, (ii) 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, selfinflicted or inflicted by other persons, or when the injuries are to stowaways hiding outside the areas normally available to the passengers and crew; or (b) the aircraft sustains damage or structural failure 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 engine, its cowlings or accessories; or for damage limited to propellers, wing tips, antennae, probes, vanes, landing gear, doors, windscreens, tyres, brakes, fairings, small dents or puncture holes in the aircraft skin, main rotor blades, tail rotor blades, and those resulting from hail or bird strike (including holes in the radome) or puncture holes in the aircraft skin; (c) the aircraft is missing or is completely inaccessible; or (d) in the case of an unmanned aircraft, takes place between the time the aircraft is ready to move with the purpose of flight until such time as it comes to rest at the end of the flight and the primary propulsion system is shut down; "act of unlawful interference" means an act or attempted act to jeopardize the safety of civil aviation and including - (a) unlawful seizure of an aircraft; (b) destruction of an aircraft in service; (c) hostage-taking on board an aircraft or an aerodrome; (d) use of an aircraft for the purpose of causing death, serious bodily injury or serious damage to property or the environment; 2 3 Interpretation. (e) forcible intrusion on board an aircraft, at an airport or on the premises of an aeronautical facility; (f) introduction on board an aircraft or at an airport of a weapon or hazardous device o material intended for criminal purposes; (g) communication of false information such as to jeopardize the safety of an aircraft in flight or on the ground, of passengers, crew, ground personnel or the general public, at an airport or on the premises of an aeronautical facility; "aerial work" means an aircraft operation in which an aircraft is used for specialised services including agriculture, construction, photography, surveying, observation and patrol, search and rescue, aerial and advertisement; "aerodrome" or "airport" means a defined area on land or water (including any buildings, installations and equipment) intended to be used either wholly or in part for the arrival, departure and surface movement of aircrafts; "Aeronautical Information Circular" means an Aeronautical Information Circular including amendment published by the Aeronautical Information Publications; "aircraft" means any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface and the term "aircraft," when used in this Act or in Regulations issued under this Act, refers to civil aircraft only and shall not include state or public 4 5 "aircraft engine" means any engine used, or intended to be used, for propulsion of aircraft and includes all parts, appurtenances, and accessories thereof other than propellers; "aircraft piracy" means any actual or attempted seizure or exercise of control, by force or violence, or by any other form of intimidation, with wrongful intent, of an aircraft; "aircraft security check" means an inspection of the interior of an aircraft to which passengers may have had access and an inspection of the hold for the purposes of discovering suspicious objects, weapons, explosives or other dangerous devices, articles and substances; "aircraft security search" means a thorough inspection of the interior and exterior of the aircraft for the purpose of discovering suspicious objects, weapons, explosives or other dangerous devices, articles or substances; "airman" means any individual - (a) who engages, as the person in command or as pilot, mechanic, or member of the crew, or who navigates an aircraft while the aircraft is underway; (b) in charge of the inspection, maintenance, overhauling, or repair of aircraft, and any individual in charge of the inspection, maintenance, overhauling, or repair of aircraft, aircraft engines, propellers, or appliances; or (c) who serves in the capacity of flight operations officer; "air navigation facility" means any facility used in, available for use in, or designed for use in aid of air navigation, including airports, landing areas, lights, any apparatus or equipment for disseminating weather information, for any other mechanism installed in or attached to aircraft during flight), and which are not part of an aircraft, aircraft engine, or propeller; "airside" means the movement area of an airport, adjacent terrain and buildings or portions thereof, access to which is controlled; "approved maintenance organization" means an organization approved by a Contracting State, in accordance with the requirements of Part I of Chapter 8 - Aeroplane Maintenance of Annex 6 of the Chicago Convention, to perform maintenance of aircraft or parts thereof and operating under supervision approved by that State; "Approved Training Organisation" means an organization approved by and operating under the supervision of a contracting state in accordance with the requirements of annex 1 to perform approved training; "Attorney-General" means the Attorney General and Minister of Justice; "authorised officer or person" means a person authorised by the Authority either generally or in relation to a particular case, or the holder for the time being of any office designated as such by the Authority; "Authority" means the Sierra Leone Civil Aviation Authority continued in existence by section 3; "Board" means the Board of Directors of the Authority established by section 4; "cargo" means any property carried on an aircraft, other than mail, stores and accompanied or mishandled baggage; "Chairman" means the Chairman of the Board; "Chicago Convention" means the Convention on International Civil Aviation concluded in Chicago, U.S.A. on the 7th December in 1944, andcame into effect in 1947. The Articles which govern the actions of the contracting States in matters of international civil aviation safety directly and through the Annexes to the Convention, which set forth International Civil Aviation Organisation Standards and Recommended Practices; "citizen of Sierra Leone" means - (a) an individual who is a citizen of Sierra Leone; (b) a partnership of which each member is a citizen of Sierra Leone; or (c) a corporation or association registered under the laws of Sierra Leone; "civil aircraft" means an aircraft, other than a State or public aircraft; "civil aviation" means the operation of a civil aircraft for the purpose of general aviation operations, aerial work or commercial air transport operations; 6 7 "commercial air transport operation" means an aircraft operation involving the transport of passengers, cargo or mail for remuneration or hire; "Contracting State" means a Contracting State to the Chicago Convention; "court" means a court of competent jurisdiction; "crew member" means a person assigned to perform duties on an aircraft during flight time; "dangerous goods" mean articles or substances which are capable of posing significant risks to health, safety or property when transported by air; "Director" means Director of Accident Investigation appointed under this Act; "Directorate" means the Directorate of Accident Investigation; "Director-General" means the Director-General of the Civil Aviation Authority appointed under this Act; "domestic commercial air transport" means the carriage by aircraft of persons or property for remuneration or hire or the carriage of mail within Sierra Leone; "drone" means an unmanned or remotely piloted "flight crew member" means a licensed crew member charged with duties essential to the operation of an aircraft during flight time; "foreign air operator" means any operator, not being a Sierra Leone air operator, which undertakes, whether directly or indirectly or by lease or any other arrangement, to engage in commercial air transport operations within borders or airspace of Sierra Leone, whether on a scheduled or charter basis; "general aviation operation" means an aircraft operation of a civil aircraft for other than a commercial air transport operation or aerial work operation; "Government" means the Government of Sierra Leone; "ground handling agent" means an independent contractor which provides services for an aircraft that has landed at an airport; "ground handling charges" means charges paid by the aircraft operator to a ground handling agent for servicing the aircraft on the ground; "ground handling concession" means the portion of ground handling charges paid to the Airports Authority by a ground handling agent; "International Civil Aviation Organization (ICAO)" means the International Civil Aviation Organization established by the Chicago Convention, as a specialised agency of the United Nations charged with coordinating and regulating international air transport; "incident" means an occurrence, other than an accident, associated with the operation of an aircraft which affects or could affect the safety of operation; "international commercial air transport" means the carriage by aircraft of persons or property for remuneration or hire or the carriage of mail between any two or more countries; "Minister" means the Minister responsible for Civil Aviation; and "Ministry" shall be construed accordingly; 8 9 "navigable airspace" means the airspace above the minimum altitudes of flight prescribed by regulations under this Act and includes airspace needed to ensure safety in the take-off and landing of aircraft; "navigation of aircraft" means a function which includes the piloting of aircraft; "occurrence" means an incident involving an aircraft as a result of which - (a) a property is damaged or destroyed; (b) the safety of person or property is threatened and includes an accident; "operator" means a person, organization or enterprise engaged in or offering to engage in aircraft or aerodrome operation; "owner" in relation to an aircraft or airport, means the person in whose name the aircraft or airport is registered or to whom the aircraft or airport has been demised, leased or hired for a period exceeding fourteen days; "person" means any individual, firm, partnership, corporation, company, association, joint stock association or other incorporated body of persons, and includes any trustee, receiver, assignee, or other similar representative of these entities; "propeller" means all parts, appurtenances, and accessories of a propeller; "public aircraft" means an aircraft used exclusively in the service of any government or of any political jurisdiction thereof, including the Government of Sierra Leone but not including any government owned aircraft engaged in operations which meet the definition of commercial air transport operations; "safety management system" means a systematic approach to managing safety, including the necessary organisational structures, accountability, responsibilities, policies and procedures; "screening" means the application of technical or other means which are intended to detect weapons, explosives or other dangerous devices which may be used to commit an act of unlawful interference; "security" means safeguarding civil aviation against acts of unlawful interference by a combination of measures and human and material resources; "security programme" means measures adopted to safeguard international civil aviation against acts of unlawful interference; "Sierra Leone Airports Authority" means the Sierra Leone Airports Authority established by the Sierra Leone Airports Authority Act, 1988 (Act No. 8 of 1988) "spare parts" means any parts, appurtenances, and accessories of aircraft (other than aircraft engine and propeller), of aircraft engine ( o t h e r than propeller), of a propeller, and of appliance, maintained for installation or use in an aircraft, aircraft engine, propeller, or appliance, but which at the time are not installed therein or attached thereto; 10 11 "validation" means the written acceptance of an action of the civil aviation authority of another country in lieu of an action that this Act assigns to the Director- General, confirming through examination and provision of objective evidence that the particular requirements for a specific intended use are fulfilled.

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