Section 115, Civil Aviation Act, 2017 for an effective aviation safety and security

(1) A person, other than a person conducting anoperation in domestic commercial air transport or international commercial air transport, who violates any provision of this Act or any rule, regulation, or order issued under it shall be subject to a civil penalty not exceeding 20,000 United States Dollars or equivalent in Leones for each such violation and if any such violation is a continuing one, each day of such violation shall constitute a separate offence. (2) A person conducting an operation in domestic commercial air transport or international commercial air transport who violates any provision of this Act or any rule, regulation, or order issued there under shall be subject to a civil penalty not exceeding 200,000 United States Dollars or its equivalent in Leones for each such violation and where such violation is a continuing one, each day of such violation shall constitute a separate offence. (3) The Director-General shall have power to assess and collect any civil penalty. (4) In determining the amount of such penalty, the Director-General shall take into account the nature, circumstances, extent, and gravity of the violation committed and, with respect to the person found to have committed such violation, the degree of culpability, history of prior offences, ability to pay, effect on ability to continue to do business, and such other matters as justice may require. (5) The Minister may, by statutory instrument, make regulations governing the assessment and application of civil penalties, and shall provide guidance concerning the amounts of penalties applicable to certain violations of this Act or any regulations made under it. Offences. Civil penalties. No. 7 The Civil Aviation Act 2019No. 7 The Civil Aviation Act 201998 99 (6) The Minister may, by statutory instrument, make regulations to adjust the amount of civil monetary penalties to reflect inflation, at least every 5 years. (7) A civil aircraft involved in violation of this Act and the violation is by the owner or operator of the aircraft, such aircraft shall be subject to a lien for the penalty. (8) A person who- (a) with actual knowledge of the facts of the occurrence; or (b) can be imputed to have actual knowledge as a reasonable person exercising reasonable care in the circumstances, offers or accepts dangerous goods for commercial air transport in contravention of this Act in relation to Annex 18 to the Chicago Convention or the International Civil Aviation Organization Technical Instruction for the Safe Transport of Dangerous Goods by Air, shall be subject to a civil penalty not exceeding 10,000 United States Dollars or equivalent in Leones for the violation of each part of the Act or regulations made under it relating to Annex 18 to the Chicago Convention or the International Civil Aviation Organization Technical Instruction for the Safe Transport of Dangerous Goods by Air.