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;
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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
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"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;
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"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;
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"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;
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"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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