Civil Aviation Act, 2009 (Act No. 13 of 2009)Chapter 7 : Monitoring and Enforcement of Regulatory Compliance by Civil Aviation Authority and Issuing of Compliance Notices114. Compliance notices |
| (1) | Any person conducting an inspection as contemplated in section 113(1), may issue a compliance notice in the prescribed manner to the person in charge of the premises or to the person determined to be responsible to take appropriate corrective action in order to remove or rectify such condition if any provision of this Act has not been complied with. |
| (2) | A compliance notice remains in force until the relevant provision of the Act has been complied with and the person conducting an inspection as contemplated in subsection 113(1), has issued a compliance certificate as prescribed in respect of that notice. |
| (3) | A compliance notice issued in terms of subsection (1) must set out— |
| (a) | details of the conduct constituting non-compliance; |
| (b) | any steps the person must take and the period within which those steps must be taken; |
| (c) | anything which the person may not do, and the period during which the person may not do; and |
| (d) | the procedure to be followed in lodging an appeal against the compliance notice with the Director. |
| (4) | Any person issuing a compliance notice may, on good cause shown, vary a compliance notice and extend the period within which the person must comply with the notice. |
| (5) | If a person fails to comply with a compliance notice issued in terms of subsection (1) the person issuing such notice may report the matter to the Director and to the Director of Public Prosecutions. |
| (6) | A person who fails to comply with a compliance notice issued in terms of subsection (1) is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding two years or to both such fine and imprisonment. |
| (7) | An appeal lodged against the issuance of a compliance notice in terms of subsection (1) does not suspend the operation of such compliance notice pending the outcome of the appeal. |