Civil Aviation Act, 2009 (Act No. 13 of 2009)

Regulations

Civil Aviation Regulations, 2011

Part 185 : Enforcement

Subpart 4 : Suspension, Cancellation, Downgrade, Endorsements and Appeal

185.00.5 Appeal against decisions of authorised officers, authorised persons, inspectors and enforcement officers
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(1)A person whose rights have been detrimentally affected by an administrative action taken by an inspector, authorised officer, authorised person or enforcement officer in terms of the Act or this Part, may, after payment of the fee prescribed in Part 187, appeal against such a decision.

 

(2)An appeal in terms of subregulation (1) must be lodged with the Director within 30 days after the furnishing of reasons for the decision.

 

(3)The Director must within three days of receiving such appeal in writing confirm, amend or withdraw the decision.

 

(4)The Director must within 14 days furnish written reasons to the appellant for any decision taken in terms of subregulation (3).

 

(5)Any person aggrieved by a decision taken in terms of subregulation (3) may appeal against such decision within five days of receipt of the reasons referred to in subregulation (3) to an appeal committee contemplated under section 122 of the Act.

 

(6)In adjudicating the appeal contemplated in subregulation (3) the Director may afford the appellant—
(a)a reasonable opportunity to make representations;
(b)the opportunity to present and dispute information and arguments; and
(c)the opportunity to appear in person.

 

(7)The Director may on good cause shown condone any non-compliance with the time period contemplated in subregulation (2).

 

(8)

(a)If the Director sets aside any decision of an authorised officer, authorised person, inspector or enforcement officer, the fee referred to in subregulation (1) must be refunded to the appellant.
(b)If the Director varies any such decision, he or she may direct that the whole or any part of such fees be refunded to the appellant.

 

(9)An appeal lodged in terms of this section does not suspend the decision of the authorised officer, authorised person, inspector or enforcement officer.