Civil Aviation Act, 2009 (Act No. 13 of 2009)RegulationsCivil Aviation Regulations, 2011Part 185 : EnforcementSubpart 4 : Suspension, Cancellation, Downgrade, Endorsements and Appeal185.00.7 Appeal against decisions of Director |
| (1) | Any person aggrieved by a decision taken by the Director referred to in subregulation (2)(a) to (e) may lodge an appeal with the appeal committee established in terms of section 122 of the Act, against such decision within 30 days after receipt of the reasons for the decision. |
| (2) | Any person or entity, as the case may be, may appeal against— |
| (a) | a decision or decisions taken in terms of sections 98(5) and 118(3) of the Act; |
| (b) | a decision by the Director to— |
| (i) | refuse such person's or entity's application for exemption, registration, licence, certificate, approval or authorisation, or to designate one or more persons as inspectors, authorised officers or persons in terms of the Act; |
| (ii) | issue, subject to any condition or restriction, such person's exemption, registration, licence, certificate, approval or authorisation in terms of the Act; or |
| (iii) | suspend, cancel, endorse or vary such person's exemption, registration, licence , certificate , approval or authorisation in terms of the Act; |
| (c) | a decision taken in regard to the designation or withdrawal of a designation as inspectors, authorised officers or authorised persons contemplated in section 88(1) of the Act; |
| (d) | a decision refusing to lift the grounding order as contemplated in section 115(2) of the Act; |
| (e) | any decision taken in terms of section130 of the Act; or |
| (f) | the issuance, amendment or withdrawal of technical standards for civil aviation in terms of section 162(1)(a). |
| (3) | The Director must within 14 days furnish written reasons to the appellant for any decision taken in terms of subregulation (2)(a) to (f). |
| (1) | An enforcement officer may assess and impose administrative monetary penalties for offences referred to in regulation 185.00.1. |
| (2) | The administrative monetary penalty may be a spot fine or a fine following an investigation. |
| (3) | The following administrative penalties, in respect of the offences referred to in the table below, shall be applicable to individuals in the event of a criminal prosecution not being instituted: |
PENALTY: INDIVIDUALS |
|||
REGULATION |
1ST OFFENCE |
2ND OFFENCE |
3RD OFFENCE |
185.00.1(1)(a) |
R5 000 |
R10 000 |
R16 000 |
185.00.1(1)(b) |
R5 000 |
R10 000 |
R16 000 |
185.00.1(1)(c) |
R5 000 |
R10 000 |
R16 000 |
185.00.1(1)(d) |
R10 000 |
R20 000 |
R32 000 |
185.00.1(1)(e) |
R10 000 |
R20 000 |
R32 000 |
185.00.1(1)(f) |
R10 000 |
R20 000 |
R32 000 |
185.00.1(1)(g) |
R10 000 |
R20 000 |
R32 000 |
185.00.1(1)(h) |
R10 000 |
R20 000 |
R32 000 |
185.00.1(1)(i) |
R10 000 |
R20 000 |
R32 000 |
185.00.1(1)(j) |
R10 000 |
R20 000 |
R32 000 |
185.00.1(1)(k) |
R5 000 |
R10 000 |
R16 000 |
185.00.1(1)(l) |
R10 000 |
R20 000 |
R32 000 |
185.00.1(1)(m) |
Discretionary |
Discretionary |
Discretionary |
| (4) | In the event of a conviction where a criminal prosecution has been instituted in accordance with the table above, the penalties referred to in the table may be used as guidance in determining the appropriate sentence. |
| (5) | The following administrative penalties, in respect of the offences referred to in the table below, shall be applicable to organisations: |
PENALTY: ORGANISATIONS |
|||
REGULATION |
1ST OFFENCE |
2ND OFFENCE |
3RD OFFENCE |
185.00.1(1)(a) |
R16 000 |
R32 000 |
R64 000 |
185.00.1(1)(b) |
R16 000 |
R32 000 |
R64 000 |
185.00.1(1)(c) |
R16 000 |
R32 000 |
R64 000 |
185.00.1(1)(d) |
R24 000 |
R48 000 |
R96 000 |
185.00.1(1)(e) |
R24 000 |
R48 000 |
R96 000 |
185.00.1(1)(f) |
R24 000 |
R48 000 |
R96 000 |
185.00.1(1)(g) |
R40 000 |
R80 000 |
R160 000 |
185.00.1(1)(h) |
R40 000 |
R80 000 |
R160 000 |
185.00.1(1)(i) |
R40 000 |
R80 000 |
R160 000 |
185.00.1(1)(j) |
R24 000 |
R48 000 |
R96 000 |
185.00.1(1)(k) |
R16 000 |
R32 000 |
R64 000 |
185.00.1(1)(l) |
R40 000 |
R80 000 |
R160 000 |
185.00.1(1)(m) |
Discretionary |
Discretionary |
Discretionary |
185.00.1(2)(a) |
R10 000 |
R20 000 |
R32 000 |
185.00.1(2)(b) |
R10 000 |
R20 000 |
R32 000 |
185.00.1(3) |
R10 000 |
R20 000 |
R32 000 |
| (6) | In the event of a conviction where a criminal prosecution has been instituted in accordance with the table above, the penalties referred to in the table may be used as guidance in determining the appropriate sentence. |
| (7) | An enforcement officer may issue a penalty notice as a spot fine to a suspected offender and such notice must be in the appropriate prescribed form, and shall— |
| (a) | specify the offence allegedly committed; |
| (b) | disclose possible evidence of the alleged offence; |
| (c) | specify the reasons for the action taken; |
| (d) | specify the rights and obligations arising there from, including time frames; and |
| (e) | invite the alleged offender to pay to the Authority the admission of guilt fine as stipulated by the enforcement officer in the penalty notice within 30 (thirty) days of the issue or service of the penalty notice. |
| (8) | The enforcement officer who has issued a penalty notice for the payment of a spot fine must submit to the Director, within 7 (seven) days after the issue or service of a penalty notice, a written report on the enforcement action taken which report must— |
| (a) | specify the nature of the alleged offence committed; |
| (b) | include possible evidence of the alleged offence; |
| (c) | include a copy of the penalty notice issued to the alleged offender; |
| (d) | specify the reasons for the action taken; and |
| (e) | include proof of service of the penalty notice on the alleged offender. |
| (9) | An enforcement officer must serve the alleged offender with a notice of intended enforcement action, before issuing and serving a penalty notice for a fine following investigation. |
| (10) | The notice of intended enforcement action must be served in person, by email or by registered mail, on the appropriate form prescribed, and must— |
| (a) | specify the alleged offence to be investigated; |
| (b) | disclose evidence of the alleged offence; |
| (c) | specify the reasons for the action taken; |
| (d) | specify the rights and obligations arising there from, including time frames; |
| (e) | invite the alleged offender to make representation either orally or in writing on the allegation(s) within 30 (thirty) days of the issue or service of the notice of intended investigation; and |
| (f) | provide an opportunity to the alleged offender to obtain assistance in making representations; and |
| (g) | specify the administrative action that may follow. |
| (11) | The enforcement officer must assess all the relevant evidence before him or her and verify with the Legal Division of the Authority prior to issuing a penalty notice. |
| (12) | The enforcement officer must issue a penalty notice following an investigation if he or she is satisfied that the alleged offender has committed the offence in question. |
| (13) | An enforcement officer who has issued a penalty notice must submit to the Director within 7 (seven) days after the issue of the penalty notice a written report on the enforcement action taken, as detailed in the penalty notice. |
| (14) | An enforcement officer must issue within 7 (seven) days of receipt of the representations referred to in subregulation (10)(e) to the alleged offender a notice of no further action if he or she is satisfied that the alleged offender has not committed the offence in question. |
| (15) | If a penalty notice is served on an alleged offender, he or she has a period of 30 (thirty) days within which to pay the monetary penalty specified. |
| (16) | If an alleged offender pays the monetary penalty as mentioned in subregulation (15)— |
| (a) | any liability of the alleged offender specified in the notice is taken to be discharged; |
| (b) | the alleged offender shall not be regarded as having been convicted of the offence. |
| (17) | A copy of the penalty notice and proof of payment of the penalty must be placed in the official file of the Authority relating to the individual or organisation, as the case may be. |
| (18) | If payment is made in the form of a cheque, the amount will be regarded as being paid only after the cheque is honoured upon presentation. |
| (19) | An alleged offender, who feels aggrieved by the penalty notice issued in terms of subregulation (7) or (12), may appeal to the Director against the terms of the penalty notice within 14 days of the issue of penalty notice. |
| (20) | The enforcement officer must, within 14 days of receipt of the copy of the appeal referred to in subregulation (19), deliver his or her written reply to such an appeal to the Director. |
| (21) | The Director must make a final decision on the appeal in the appropriate form, which decision may include withdrawal, confirmation or amendment of the fine prescribed in the penalty notice. |
| (22) | If the penalty notice is withdrawn by the Director on appeal, after the alleged offender has paid the monetary penalty, the Director must direct or instruct that the amount paid as the monetary penalty be refunded. |
| (23) | Nothing in this Part— |
| (a) | prevents the service of a penalty notice on an individual or organisation for repeating a prescribed offence; |
| (b) | limits the amount of the fine that may be imposed by a court, subject to its punitive jurisdiction, on an individual or organisation convicted of a prescribed offence; or |
| (c) | limits the Director in the exercise of any other powers granted to him or her elsewhere in these Regulations. |
| (24) | The Director or an enforcement officer may serve a penalty notice, a final decision or a notice of no further action— |
| (a) | on an individual— |
| (i) | by giving it to the individual personally; |
| (ii) | by leaving it at, or by sending it per registered mail to, the address of the place of residence or business of the individual last known to the Director or the enforcement officer; |
| (iii) | by giving it, at the place of residence or business of the individual last known to the Director or enforcement officer, to a person who is, or is reasonably believed to be, above the age of 16 years and apparently an occupant of, or employed at the place; or |
| (iv) | by sending it to the email address of the individual last known to the Director or the enforcement officer; and |
| (b) | on an organisation— |
| (i) | by sending it per registered mail to the head office, registered office, principal office or other postal address of the organisation; |
| (ii) | by giving it to a person who is, or is reasonably believed to be, an officer of, or in the service of the organisation and above the age of 16 years, at the head office, registered office, principal office or other place of business of the organisation: or |
| (iii) | by sending it to the email address of the organisation or a representative of the organisation last known to the Director or the enforcement officer. |
| (25) | The Authority must keep proper records of all enforcement actions taken in terms of this regulation, and retain on the individual's or organisation's file copies of all notices issued, reports written and decisions taken in respect of any alleged offence and any investigation undertaken in terms of this Part. |