Recommendation Date
Recipient Name
MoT
Text
Require the CAA to implement, as soon as practicable, a system which will ensure any instances of operator non-compliance and non-conformance which are identified by, or to, the Authority are corrected promptly or sanctions automatically follow.
Reply Text
The Civil Aviation Act requires the Civil Aviation Authority to monitor adherence to safety standards and places specific responsibility on the Director of Civil Aviation to enforce compliance with the provisions of the Act and the rules made under the Act. The Director has statutory discretion with respect to the exercise of this function and is not subject to the requirements or directions of the Minister.
The Director has a range of options for responding when non-compliance is identified by, or to, the Authority. These options include safety education and voluntary compliance measures, varying the conditions or scope of privileges of an aviation document and ultimately revocation of the document and/or prosecution through the courts.
The legislation envisages judgements being made as to the appropriateness of the response having regard to the seriousness of the non-compliance and other information available to the Director, rather than a system of automatic sanctions.
I am advised by the Director of Civil Aviation that he has recently established a co-ordination committee under the control of the Deputy Director which is aimed at improving the appropriateness and consistency of CAA actions, and ensuring a timely response to incidents of non-compliance.
This committee will review the TAIC report and consider the scope for earlier and firmer "sanctions" for consideration in the future exercise of the Director's enforcement and safety discretion.
The Director has a range of options for responding when non-compliance is identified by, or to, the Authority. These options include safety education and voluntary compliance measures, varying the conditions or scope of privileges of an aviation document and ultimately revocation of the document and/or prosecution through the courts.
The legislation envisages judgements being made as to the appropriateness of the response having regard to the seriousness of the non-compliance and other information available to the Director, rather than a system of automatic sanctions.
I am advised by the Director of Civil Aviation that he has recently established a co-ordination committee under the control of the Deputy Director which is aimed at improving the appropriateness and consistency of CAA actions, and ensuring a timely response to incidents of non-compliance.
This committee will review the TAIC report and consider the scope for earlier and firmer "sanctions" for consideration in the future exercise of the Director's enforcement and safety discretion.
Related Investigation(s)