Recently, President Muhammadu Buhari assented to the new Civil Aviation Act 2022. The Authority referred to in the sections and sub-sections mean the Nigerian Civil Aviation Authority (NCAA). Here are some salient points contained in the Act.
5% TSC/CSC, third party collection and penalty for non-remittance
Section 23(1) – There shall be a 5% of airfare, contract, charter and cargo sales charge payable to the Authority which shall apply on all international and domestic air transportation originating in Nigeria irrespective of place of sale, issuance of air ticket or execution of the contract of carriage.
- Section 23(2) – The 5% of airfare, contract, charter and cargo sales charge shall be chargeable on the total amount, excluding statutory fees and taxes –
(a) paid by a passenger for an airfare;
(b) in a contract relating to carriage of
persons or goods for hire and reward in the
case of air transportation not involving the
issuance of an air ticket;
(c) paid for a charter flight; and
(d) of the cargo sales.
*23(3) The Authority may delegate the power to collect the 5% of airfare, contract, charter and cargo sales charges to airlines and such funds collected shall be remitted to the Authority.
*Section 23(4) – The Authority shall by regulations prescribe the manner and time for making remittances of the funds collected on its behalf by airlines.
*Section 23(5) – The 5% of airfare, contract and charter sales charge payable to the Authority shall apply to all operators engaged in transportation of persons by air for hire and reward whether using rotary or fixed wing aircraft.
*Section 23(6) – All AOC holders who manage aircraft other that of the operator, which aircraft is included in the operations specifications of the operator, shall pay a 5% management fee arising from such contracts
*Section 23(7) – The 5% of airfare, contract, charter and cargo sales charges and management fee shall be paid in the currency of the transaction and may be reviewed by regulations or orders made by the Authority.
*Section 23(10) – An air operator which fails to remit to the Authority, within the time specified in the regulations the 5% charge, commits an offence and its directors are each liable on conviction to a fine of N5,000,000 or imprisonment for a period of two years or both
Incident, accident reporting
*Section 46 (1) and (5) – (1) The Authority shall promulgate rules and regulations governing the notification and reporting of incidents involving aircraft and at aerodromes.
(5) The Authority shall implement mandatory punitive and voluntary non-punitive incident and accident reporting system and shall protect the identity of any person or organisation who offer information towards the performance of its functions under this Act and regulations made under it.
Unfettered access during inspection
*Section 48(1) – The Authority shall have free, unrestricted, unobstructed and unlimited access to all civil aviation personnel, documents, aircraft, aerodrome, aviation facilities, to inspect aircraft, aircraft manufacturers and maintenance facilities or organisations, training facilities including simulators, and other appliances designed for use in air transportation, as may be necessary to enable the Authority to determine the issuance or granting of a certificate of registration or approval to such aircraft, aerodrome, aircraft manufacturer and maintenance facility or organisation and other applicable appliances, and for the purpose of exercising its powers and carrying out its functions under this Act.
*Section 48 (2) – The Authority shall have free, unrestricted, unhindered, unobstructed and unlimited access to enter into any aircraft registered or operating in Nigeria for the purpose of inspecting any security procedure.
*Section 48(3) – The Authority shall have free, unrestricted, unhindered, unobstructed and unlimited access to require an aircraft operator, aerodrome operator or occupier of land outside an aerodrome used for business purposes connected with the aerodrome to provide information relevant to any audit, inspection, survey, test or investigation.
*Section 48(4) – The Authority shall have free, unrestricted, unhindered, unobstructed or unlimited access to relevant security documentation and records connected with air transportation and to interview any person for the purpose of assessing the standard of security or the implementation of security procedures.
*Section 49 (1) – The Authority shall have the power to direct an operator or airman of a civil aircraft not to operate in any situation where the –
- aircraft may not be airworthy;
- airman may not be qualified or physically or mentally capable for the flight; or
- operation would cause imminent danger to any person or property on the ground
Robbing Peter to pay Paul not allowed
Section 51 – (2) There shall be paid on each passenger ticket for international air travel emanating from Nigeria a security surcharge as may be determined by the Authority.
(3) All funds accruing as a result of the security surcharge shall be used solely for the improvement of aviation security in Nigeria.
Pollution of airport environment
*Section 77 – A person shall not establish a solid waste disposal facility or site that receives putrescible waste within 13 kilometers of the vicinity of an aerodrome unless the Minister, on the advice of the Authority, determines that an exemption from this requirement would have no adverse impact on aviation safety
Smart alecs warned
*Section 80 – Every person who knowingly and willfully forges, counterfeits, alters, or falsely makes any document authorised to be issued or required to be made under the Act, or knowingly uses or attempts to use any such fraudulent document, and any person who knowingly and willfully displays on any aircraft any marks that are false or misleading as to nationality or registration of the aircraft, commits an offence.
Concealment of accounts, information, obliteration of facts constitute offence
*Section 82(4) – Any air operator, officer, agent, employee, or their representative, who knowingly or willfully –
- Fails or refuses to make a report to the Authority as required by the Act;
Fails or refuses to make, keep or preserve reports, accounts, records, and returns in the form and manner prescribed or approved by the Authority, which reports, accounts, records or returns impacts or has the potential to have effect on aviation safety or the revenue of the Authority or the Federal Government;
- (c) Mutilates or alters any such reports, accounts, records, or memoranda, or files false reports, accounts, records, or memoranda
commits an offence.
Risk of ignoring a subpoena
*Section 82(6) – Every person who shall neglect or refuse to attend and testify, or to answer any lawful inquiry, or to produce books, papers, or documents, if within such person’s custody or control, under any subpoena or request of the Authority, commits an offence
Disruptive passenger behaviour
*Section 85(3) – Any person who, against instruction of the pilot-in-command or a flight crew member or cabin crew, uses or operates any equipment or device including mobile phone that may interfere with the aircraft radio frequency or other navigational equipment on board aircraft commits an offence.
*Section 85(4) – The pilot-in-command of an aircraft shall take such reasonable measures as may be necessary to ensure the safety of the aircraft and security of passengers on board whenever he is faced with an unruly passenger behaviour and may request the assistance of any person on board the aircraft in that regard.
Protection of whistleblower
*Section 90 (1) – Where a person volunteers to the Authority or an official of the Authority any information which may be useful in the investigation or prosecution of an offence under this Act or a violation of the provisions of this Act and the regulations, orders or directives made or given under this Act, the Authority shall take all reasonable measures to protect the identity of that person and the information so volunteered shall be treated as confidential.
