Section 48, Civil Aviation Act, 2017 for an effective aviation safety and security

(1) The Authority may detain or seize an aircraft which isfound to be engaged in an improper or illegal activity or to secure the compliance with this Act or regulations made under it and may make such further provisions as appears to the Authority to be necessary or expedient for securing the detention. (2) Where default is made in the payment of airport and air navigation charges incurred in respect of an aircraft at an aerodrome, the Authority may, subject to this section, detain, pending payment - (a) the aircraft in respect of which the charges were incurred, whether or not they were incurred by the person who is the operator of the aircraft at the time when the detention begins; or (b) any other aircraft of which the person in default is the operator at the time when the detention begins. (3) If the charges are not paid within 60 days of the date when the detention begins, the Authority may sell the aircraft in order to satisfy the charges. (4) The Authority shall not detain or continue to detain an aircraft under this section by reason of an alleged default in the payment of airport charges if the operator of the aircraft or any other person claiming an interest in the aircraft - (a) disputes that the charges, or any part of them, are due; and (b) gives to the Authority, pending the determination of the dispute, sufficient security for the payment of the charges which are alleged to be due. (5) The Authority shall not sell an aircraft under this section without leave of the court, and the court shall not grant leave except on proof that - (a) a sum is due to the Authority for airport charges; (b) default has been made in the payment of the charges; and (c) the aircraft which the Authority seeks leave to sell is liable to sale under this section by reason of the default. (6) Where the Authority intends to apply to sell an aircraft, it shall - 48 49 Patent claims against aircraft not protected under the chicago convention. Detention of (a) give notice of the intention to any person whose interests may be affected by the application; and (b) afford to any person referred to in paragraph (a), the opportunity of becoming a party to the proceedings on the application. (7) If the court grants leave under subsection (5), the Authority shall ensure that the aircraft is sold at the best price that can reasonably be obtained. (8) Failure to comply with subsection (7), though actionable as against the Authority at the suit of a person who suffers loss in consequence of non-compliance, it shall not, after the sale has taken place, be a ground for impugning its validity. (9) The proceedings of a sale under this section shall be applied in payment of - (a) the airport or air navigation charges which the court has found to be due; (b) any tax or duty, whether of customs or excise, chargeable on imported goods which are brought into Sierra Leone by the aircraft or value added tax; (c) the expenses incurred by the Authority in detaining, keeping and selling the aircraft, including expenses incurred in connection with the application to the court; and (d) any other charge in respect of the aircraft which is due by virtue of regulations made under this Act. (10) The surplus, if any, after the payments made under subsection (9), shall be paid to persons whose interests in the aircraft have been divested by reason of the sale. (11) The power of detention and sale conferred by this section extends to the equipment of the aircraft and any stores for use in connection with its operation, being equipment and stores carried in the aircraft, whether or not they are the property of the operator, and references to the aircraft in sub-sections (2) to (9) include, except where the context otherwise requires, references to the equipment and stores concerned. (12) The power of detention conferred by this section extends to aircraft documents carried in the aircraft, and the documents may, if the aircraft is sold under this section, be transferred by the Authority to the purchaser. (13) The power of detention conferred by this section extends to any subsequent occasion when the aircraft is on the aerodrome on which those charges were incurred or on any other aerodrome owned or managed by the Authority. (14) Nothing in this section shall prejudice any right of the Authority to recover any charges or part of any charges by action in court. PART VIII–SAFETY REGULATION OF CIVIL AVIATION