… 5% TSC defaulters to pay N5m fine/face imprisonment for 2 years

 

Posted by Sade Williams

The new Civil Aviation Act 2022 will ensure efficiency of the aviation sector as it has taken in all new standards, annexes  and  international best practices laid down by the International Civil Aviation Organisation (ICAO), the director general, Nigeria Civil Aviation Authority (NCAA), Captain Musa Nuhu and the legal Adviser  to the Authority, Emmanuel Chukwuma, said on Thursday.

At a Virtual  meeting with aviation correspondents, Chukwuma said apart from ensuring compliance with  with some new ICAO standards and Annexes, one of the reasons Nigeria reviewed its Act was strengthen  the regulations with a view to providing robust framework for sector’s development and for the CAA to focus more on its core functions of ensuring air safety in Nigeria.

He added that by reviewing the Act, the nation has also prepared for the audit findings by  ICAO and Federal Aviation Administration (FAA) of the United States of America, among others.

Captain Nuhu added that the new CAA will ensure the sector contributes more to the Gross Domestic Product (GDP) than it currently does.

”Apart from other critical things which the sector needs to prepare for, the more we contribute to the GDP, the more attention will be given to us”, he said.

Nuhu further disclosed that the schedule operators will now have 5 years validity of Air Operators Certificate (AOC) while the non-schedule carriers will have 3 years.
”We are working on the review of the current validity. Within the first or early part of the first quarter of next year, it will come into effect and it will explain who is entitled. As soon as it is internally done, we will release the new review”, he added.
According to the current Nigeria Civil Aviation Regulations (NCAR) 9.1.1.8(a), stipulates that ‘An AOC, or any portion of the AOC, issued by the Authority is effective and valid for twenty four (24) months’.
It was also revealed that some powers which may be meant for regulations have been taken away from the the Nigerian Airspace Management Agency (NAMA) and the Federal Airports Authority of Nigeria (FAAN) to give room for clarity on regulations and service provision.

In the new Act, Section 9(1)  stipulates that the Authority shall have power to:

(a) investigate whether any person, body or entity has committed an offence under the Act

(b) enter into any premises, property, aircraft, aerodrome or conveyance without warrant for the purpose of conducting search or inspection in furtherance of its functions under the Act

(c) prosecute offenders under the Act

(d) trace, seize, detain or retain the custody, for the purpose of investigation and prosecution, of any property which the Authority reasonably believes to have been involved in or used in the commission of any offence under the Act

(d) seal up premises upon reasonable suspicion of such premises being involved in or used in the commission of any offence under the Act

Section 11(3) says that – The Director General may be removed from office by the President subject to confirmation by the Senate

Section 23(10) says under the 5% of airfare, contract, charter and cargo sales charge , Section 23(10) says – 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, among others.

 

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