Bill re Civil Aviation Act, 2022.

Bill re Civil Aviation (Air Navigation Services and Investigation of Accidents) Act, 2022.

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S.I. 2022 No. 93: Highways (Abandonment) Notice, 2022.

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Printed and Published by

the Barbados Government Printing Department

CIVIL AVIATION ACT, 2022

OBJECTS AND REASONS

This Bill would

  1. make better provision for civil aviation in Barbados;
  2. revise the law relating to Civil Aviation to accord with the Chicago Convention;
  3. repeal and replace the Civil Aviation Act, Cap. 288B; and
  4. provide for related matters.

CIVIL AVIATION ACT, 2022

Arrangement of Sections

  1. Short title
    PART I PRELIMINARY
  2. Interpretation
  3. Application
    PART IICIVIL AVIATION AUTHORITY
  4. Establishment of Civil Aviation Authority
  5. Functions of the Authority
  6. Transfer of functions outside of Barbados on behalf of Authority
  7. Establishment of units and divisions
    PART IIICIVIL AVIATION AUTHORITY BOARD
  8. Establishment of Board of management
  9. Functions of the Board
  10. Disclosure of interest
  11. Qualification and restriction of Board
  12. Minister’s directions to the Board
  13. Delegation by the Minister and the Authority
    PART IV INTERNATIONAL OBLIGATIONS
  14. Obligations of Barbados under Chicago Convention
  15. CASSOS Agreement
  16. Health obligations under treaties etc.
  17. Conclusion of international agreements
    PART VSTAFF OF THE AUTHORITY
  18. Appointment of staff
  19. Director General
  20. Functions of the Director General
  21. Private pension plan
  22. Pension under Cap. 25
  23. Transfer and secondment of public officers
  24. Engagement of experts
    PART VIADMINISTRATIVE AND FINANCIAL PROVISIONS
  25. Establishment of Fund
  26. Limitation in relation to the fixing of salaries
  27. Investment of funds
  28. Accounts and audit
  29. Borrowing power
  30. Guarantee of loans
  31. Strategic plan
  32. Annual report
  33. Director General to provide information to the public
    PART VIIPROVISIONS RELATING TO PROPERTY
  34. Control of land in interest of civil aviation
  35. Road closures and diversions
  36. Emergency Directives by Minister
  37. Directions by Director General
  38. Obstruction near aerodrome
  39. Regulation of aviation during a state of emergency
    PART VIII
    REGULATION OF AVIATION OPERATORS AND SERVICE PROVIDERS
  40. Prohibition from operating without an aviation document
  41. Criteria relating to aviation documents
  42. Application for an aviation document
  43. Registers of aviation documents
  44. Examinations
  45. Inspection in relation to applicants
  46. Recognition of validity of certification and accreditation from other states
  47. Duties of aviation document holders
  48. Renewal of aviation documents
  49. Revocation and suspension of aviation documents
  50. Procedure relating to suspension of an aviation document
  51. Imposition of conditions in respect of aviation document
  52. Revocation of aviation documents in special cases
  53. Operators may object to proposed decisions of the Authority
  54. Notice of suspension, imposition of conditions or revocation of aviation documents
  55. Variation of aviation documents
  56. Cancellation of aviation documents
  57. Inspection and monitoring of operators
  58. Investigation of operators
  59. Inspectorate
  60. Functions of Inspectors
  61. Power of Inspectors
  62. Right of access of Inspectors
  63. Access to aerodrome and other places
  64. Inspector and violations
  65. Investigation of complaints
    PART IX AERODROMES
  66. Approval to construct, establish or operate an aerodrome
  67. Minister to establish aerodromes
  68. Aerodrome master plan
  69. Aerodrome master plan requirements
  70. Aerodrome development
  71. International airport
    PART XCIVIL AIRCRAFT REGISTRATION
  72. Civil aircraft register
  73. Unlawful to operate civil aircraft unless registered
  74. Requirement for aircraft registration
  75. Registration not to be considered as evidence of ownership
  76. Registration of aircraft may be suspended or revoked
  77. Discharge of certain functions and duties under Article 83 bis of the Chicago Convention
    PART XIAIR TRANSPORT LICENSING
  78. Air operators engaging in commercial air transport
  79. Requirements for an air transport licence
  80. Foreign air operator certificate
  81. Foreign air operators engaging in commercial air transport
  82. Non-compliance by foreign air operators
  83. Surveillance of operations
  84. Insurance requirements of air operators
  85. Liability Insurance
  86. Service of documents
    PART XIICIVIL AVIATION SECURITY AND SAFETY
  87. Civil aviation security: functions of Authority
  88. National Civil Aviation Security Committee
  89. Functions of the National Civil Aviation Security Committee
  90. National Civil Aviation Security Programme
  91. State Safety Programme
  92. Safety and security inspections
  93. Act of violence or unlawful interference at an air navigation facility or on an aircraft
  94. Search of persons, baggage and cargo
  95. Search of persons refusing to consent to search
  96. False statement for baggage
  97. Unauthorised presence on-board aircraft
  98. A person being a danger to others
  99. General powers of arrest
  100. Additional powers of Police Service
    PART XIIINATIONAL AIR TRANSPORT FACILITATION
  101. National Air Transport Facilitation Committee
  102. Functions of the National Air Transport Facilitation Committee
  103. National Air Transport Facilitation Programme
    PART XIV APPEALS
  104. Establishment of Tribunal
  105. Appeal to Tribunal
  106. Disclosure of interest

107.Experts

  1. Reasons for decision
  2. Appeal to High Court
  3. Annual report from Tribunal
    PART XV OFFENCES
    111.InterpretationGeneral Offences
    1. General offences
    2. Obstruction of officers undertaking duties
    3. Refusal to follow lawful instruction, answer inquiries or produce documents or materials
      Offences at Aerodrome or Airport
    4. Offences at aerodrome
    5. Impersonation of aerodrome personnel
    6. Entry into secured or restricted areas of aerodrome
    7. Security pass
    8. Prohibited items in a secured or restricted area
    9. Trespassing at an aerodrome
      Offences in respect of Passenger Safety and Security
    10. Operating an aircraft in a negligent manner
    11. Dangerous flying
    12. Passenger offences
    13. Operation without a medical certificate or a certificate of approval
    14. False and fraudulent documents and statements
    15. Failure to disclose information on medical conditions
    16. General penaltyGeneral and Additional Penalties
    17. Additional penalty for offences
    18. Retention and custody of aviation documents
      PART XVI MISCELLANEOUS
    19. Barbadian registered aircraft over high seas
    20. Jurisdiction of the court
    21. Detention of aircraft

133.Exemptions

134.Sharing of information

135.Confidentiality

  1. Publication of information
  2. Protection of officers and agents
  3. Guidelines, operational manuals and operational regulations
  4. General regulations
  5. Technical regulations

141.Forms

  1. Amendment of Schedules
  2. CASSOS Agreement and force of law
  3. Transfer and vesting of assets in the Authority
  4. Transitional re Civil Aviation Department
  5. Savings re authorizations issued under former Act and grace period re new authorizations
  6. Savings re appeals
  7. Savings re civil proceedings
  8. Saving of statutory instruments under former Act
  9. Consequential amendment
  10. Act binds the State

152.Repeal

153.Commencement

FIRST SCHEDULE

Civil Aviation Authority Board

SECOND SCHEDULE

List of Persons Who Require Licences, Permits or Certificates

THIRD SCHEDULE

National Civil Aviation Security Committee

FOURTH SCHEDULE

National Air Transport Facilitation Committee

FIFTH SCHEDULE

Constitution of Civil Aviation Tribunal

SIXTH SCHEDULE

Consequential Amendment

BARBADOS

A Bill entitled

An Act to make better provision for civil aviation and to revise the law relating to Civil Aviation to accord with the Chicago Convention and to provide for related matters.

ENACTED by the Parliament of Barbados as follows:

Short title 1.

This Act may be cited as the Civil Aviation Act, 2022.

PART I PRELIMINARY

Interpretation

  1. In this Act,“act of unlawful interference” has the meaning assigned to it in section 93; “act of violence” has the meaning assigned to it in section 93;“accident” has the meaning assigned to it in section 2 of the Civil Aviation (Air Navigation Services and Investigation of Accidents and Incidents) Act, 2022 (Act 2022- );“aerodrome” means any area of land or water, designed, equipped, set apart or commonly used for affording facilities for the landing and departure of aircraft, whether on the ground, on the roof of a building or elsewhere;“aerodrome operator” means any person engaged in domestic commercial air transport or international commercial air transport, whether directly or indirectly or by a lease or any other arrangement;“aeronautical product” means anything that comprises or is intended to comprise any part of an aircraft or that is intended to be installed in or fitted or supplied to an aircraft, and includes fuel and other similar consumable items necessary for the operation of the aircraft;
    “aeronautics” means
    1. the operation, construction, repair or maintenance of aircraft, aircraft power plants and accessories, including the repair, packing and maintenance of parachutes;
    2. the design, establishment, construction, extension, operation, improvement, repair or maintenance of airports, restricted landing areas or other air navigation facilities;
    3. the transportation of persons or goods by aircraft; or
    4. flight training;“aircraft” means a machine that can derive support in the atmosphere from the reactions of the air, other than the reactions of the air against the earth’s surface;“aircraft engine” means any engine used or intended to be used for propulsion of aircraft and includes all parts, appurtenances and accessories other than propellers;“aircraft in flight” means any period from the moment when all external doors of the aircraft are closed following embarkation for flight until the aircraft is landed, processed and disembarked at its destination, and in the case of a forced landing, any period thereafter until the time when the competent authorities of the state in which that landing takes place take over responsibility for the aircraft and for persons and property on-board that aircraft;“airman” means
      1. any individual who is in command of an aircraft or an individual who is engaged as a pilot, mechanic or crew member or who navigates an aircraft while the aircraft is underway;
      2. any individual in charge of the inspection, maintenance, overhauling or repair of aircraft, aircraft engines, propellers or appliances;
      3. any individual who serves in the capacity of flight operations officer; or
      4. any individual who serves in the capacity of an Air Traffic Controller;
      “air navigation” means the practice of controlling, guiding and operating aircraft from an airport of departure to a predetermined airport of destination, including alternate airports;“air navigation facility” means any facility used in, available for use in or designed for use in aid of air navigation and includes aerodromes, airports, landing areas, lights, any apparatus or equipment for disseminating weather information, for signalling, for radio directional finding or for radio or other electromagnetic communication, and any other structure or mechanism having a similar purpose for guiding or controlling flight in the air or in the landing and take-off of aircraft;“air operator certificate” means a certificate authorising an air operator to carry out specified commercial air transport operations;“airport” has the meaning assigned to it in section 2 of the Civil Aviation (Air Navigation Services and Investigation of Accidents and Incidents) Act, 2022 (Act 2022- );“aerodrome operator” means the person who is given responsibility for the overall operations of an airport by the owner of the airport;“airport security officer” means an individual who has been appointed as a security officer by the aerodrome operator;“airside” means the side of an airport terminal from which aircraft can be observed, including the area beyond immigration and customs control;“airspace” means airspace
      1. over Barbados; and
      2. administered by Barbados pursuant to an agreement;

      “Air Transport Licensing Authority” means the Air Transport Licensing Authority established under section 13 of the former Act;“appliances” means instruments, equipment, apparatus, parts or accessories, of whatever description, which are used or are capable of being used in the navigation, operation or control of aircraft, including parachutes, communications equipment and any other mechanisms installed in or attached to aircraft during flight, and which are not part or parts of aircraft, aircraft engines or propellers;“approved form” means such form as may be approved by the relevant authority; “Authority” means the Barbados Civil Aviation Authority established undersection 4;“aviation document” means a licence, permit, certificate, authorization or other document issued under section 41 in respect of any of the classes of persons, services or things specified therein;“aviation security” means a combination of measures and human and material resources intended to safeguard international civil aviation against acts of unlawful interference;“aviation standards” means the technical details and terms and conditions relating to aviation documents issued and held under this Act, and which must be complied with by the aviation document holder;“Barbados aircraft” means an aircraft registered in Barbados pursuant to Part X;“Board” means the Board of management of the Barbados Civil Aviation Authority established under section 8;“cargo” means mail, stores, baggage or any property carried on an aircraft; “CASSOS Agreement” means the Agreement Establishing the CaribbeanAviation Safety and Security Oversight System signed at the 29th Heads ofGovernment Meeting in Antigua on the 3rd day of July, 2008;
      “Chairman” means the Chairman of the Board, the Chairman of the relevant Committee or the Chairman of the Tribunal, as the case may be;“Chicago Convention” means the Convention on International Civil Aviation concluded at Chicago on the 7th day of December, 1944 and includes any Protocol amending the Convention and any Annex to that Convention relating to international standards and recommended practices, being an Annex adopted in accordance with that Convention;“Civil Aviation Tribunal” means the Civil Aviation Tribunal established by section 104;“commercial air transport” means the carriage by air of passengers or cargo for remuneration or hire;“Commissioner” means the Commissioner of Police as defined by section 2 of the Police Act, Cap. 167;“contracting state” means a country which is a party to the Chicago Convention; “crew member” means
      1. a co-pilot or such other individual as may be assigned to assist the pilot- in-command with flying the aircraft; and
      2. an individual assigned or employed by an air operator to work in an aircraft in a capacity other than flying or assisting with the flying of the aircraft;“dangerous goods” means articles or substances which are capable of posing significant risk to health, safety or property when transported by air;“Director General” means the Director General of Civil Aviation appointed under section 19;“explosives” means gunpowder, nitro-glycerine, dynamite, gun-cotton, blasting powder, fulminate of mercury or of other metals, coloured flares and every other substance that has the capacity to explode, whether or not similar to those mentioned herein;
        “former Act” means the Civil Aviation Act, Cap. 288B;“GAAP” means Generally Accepted Accounting Practice which includes the accounting standards adopted by the Institute of Chartered Accountants of Barbados;“ICAO” means the International Civil Aviation Organization;“incident” has the meaning assigned to it in section 2 of the Civil Aviation (Air Navigation Services and Investigation of Accidents and Incidents) Act, 2022 (Act 2022- );“Inspector” means a person appointed as an inspector for the purposes of this Act and includes
        1. a person authorized by the Authority to carry out inspections; and
        2. the Director General;
      “lossor damage” includes, in relation to individuals, loss of life and personal injury;“member” means a member of the Board or a member of a Committee, as the case may be;“Minister” means the Minister responsible for Civil Aviation;“National Air Transport Facilitation Committee” or “Facilitation Committee” means the Committee to be established by the Board with responsibility for facilitating national air transport;“navigation of aircraft” includes the piloting of aircraft;“operational” in relation to manuals and regulations means documents issued by the Authority to guide any operational aspect of the office of the Authority or to guide service providers and industry operators;“person” as the context indicates, includes an individual, a body corporate, an organization, a business or an entity of any kind;
      “pilot-in-command” means the pilot designated by the owner or air operator of an aircraft as the individual charged with the command and safe conduct of a flight or series of flights;“prohibited area” means an area at an airport or at an air navigation installation to which entry is prohibited to the public;“propeller” includes all parts, appurtenances and accessories of a propeller; “public aerodrome” means an aerodrome which is under the management of abody corporate established, controlled or owned by the State;“regulations” means any regulations made under this Act;“restricted area” means an area at an airport or air navigation installation to which entry and operation to the public is restricted in accordance with certain specified conditions;“Rules of the Air” means those provisions for securing the safety of aircraft in flight and movement on the surface and the safety of persons and property on the surface including
      1. lights and signals to be shown by aircraft;
      2. General, Visual and Instrument Flight Rules;
      3. Aerodrome Traffic Rules; and
      4. aerodrome signals and markings;
      “Security Committee” or “National Civil Aviation Security Committee” means the Committee to be established under section 88 with responsibility for national civil aviation security;“serious incident” has the meaning assigned to it in section 2 of the Civil Aviation (Air Navigation Services and Investigation of Accidents and Incidents) Act, 2022 (Act 2022- );
      “serious injury” has the meaning assigned to it in section 2 of the Civil Aviation (Air Navigation Services and Investigation of Accidents and Incidents) Act, 2022 (Act 2022- );“state of registry” means the state on whose register the aircraft is entered; “state of the operator” means the state in which the air operator’s principal placeof business is located or, if there is no such place of business, the airoperator’s permanent residence;“strategic plan” means the plan prepared pursuant to section 31;“territorial waters” has the meaning assigned to it by section 2 of the Barbados Territorial Waters Act, Cap. 386;“unmanned aircraft” means an aircraft, other than a model aircraft, that is designed to fly without a pilot on-board and is designed to operate remotely or is controlled from another place, or is programmed and fully autonomous;“whistle-blower” has the meaning assigned to it by section 2 of the Whistleblower Protection Act, 2021 (Act 2021-29).
      Application
  2. This Act does not apply to aircraft used for military or police services

except where otherwise indicated.

PART II

CIVIL AVIATION AUTHORITY

Establishment of Civil Aviation Authority

4.(1)

Authority.

There is established a body to be known as the Barbados Civil Aviation

(2) The Authority is a body corporate to which section 21 of the Interpretation

Act, Cap. 1 applies.

Functions of the Authority

5.(1)

(a)

(b)

(c)

(d)

(e)

The functions of the Authority are

to regulate civil aviation operations in Barbados in accordance with this Act, including the operations of aircraft registered in Barbados and the maintenance of aircraft on the register;

to register and certify aerodromes and airports as appropriate and monitor the operations of aerodromes and airports;

to issue aviation documents for the purposes of this Act, and renew, suspend or revoke such aviation documents where necessary;

to maintain a standard of safety and efficiency in the civil aviation industry that is at least equal to the standard of safety prescribed by the Chicago Convention and any other aviation convention, agreement or understanding to which Barbados is a party, including standards relating to the safety of passengers, crew members, ground personnel and the public in all matters related to safeguarding against acts of unlawful interference; and

to notify ICAO of any significant differences in the safety operations of Barbados and the ICAO recommendations and ensure that any such differences are published in the Aeronautical Information Publication of Barbados.

  1. In performing its functions under subsection (1), the Authority shall haveas its paramount consideration, the safety of aviation and shall, as far as is practicable, ensure that the environment is protected from any detrimental effects from the operation and use of aerodromes and aircraft.
  2. The Authority shall establish an information database consisting ofaeronautical information and instructions relating to the safety, scheduling and efficiency of air navigation and such information and instructions shall be readily available to any person upon payment of the prescribed fee.
    Transfer of functions outside of Barbados on behalf of Authority6. The Authority may, where it considers it justifiable and with the priorapproval of the Minister, authorize a person to perform specified regulatory oversight responsibilities of the Authority.
    Establishment of units and divisions7.(1)The Authority may establish such units and divisions as are necessaryfor the operations of the Authority and may appoint officers to manage those units and divisions.
    1. Notwithstanding subsection (1), the Authority shall establish thefollowing units and shall appoint persons in the office of Director in each unit to manage the unit:
      1. a unit responsible for the management, development and expansion of air transport to be known as the Air Transport Management Unit; and
      2. a unit responsible for the regulation of safety and security of civil aviation to be known as the Flight Safety Unit.

PART III

CIVIL AVIATION AUTHORITY BOARD

Establishment of Board of management

8.(1)

There shall be established a board of management, to be known as the

Civil Aviation Authority Board, which shall be responsible for the policy, management, organization and administration of the Authority, and in particular for

  1. the appointment of staff to the Authority and the management thereof;
  2. the management of the other resources and contracts of the Authority;
  3. the development of policies for the prudent and efficient management of the Authority; and
  4. the monitoring of the performance of the Authority in respect of the discharge of its functions.

(2) The First Schedule has effect with respect to the constitution of the Board

and otherwise in relation thereto.

Functions of the Board

9.(1)

(a)

(b)

(c)

(d)

(e)

In carrying out its functions under section 8, the Board shall

ensure that the Authority complies with and gives effect to the provisions of this Act;

ensure that the Authority complies with and gives effect to the approved performance standards;

ensure that the Authority has adequate systems of internal controls, both operational and financial and that it follows sound financial policies and procedures;

formulate good and workable policies on human resources and labour relations, including conditions of service for employees of the Authority; and

advise the Minister on matters of general public policy relating to the management and development of an efficient and regulated civil aviation industry.

  1. The Authority shall, where necessary, make recommendations to theMinister in respect of matters associated with any action or condition in the aviation sector or impacting on the aviation sector
    1. which is capable of causing actual or potential threat, harm or damage to persons or property;
    2. which the Minister refers to the Authority for its advice; or
    3. which the Authority considers necessary in the furtherance of its functions.

Disclosure of interest

10.(1)

A member of the Board who is in any way directly or indirectly

interested in any contract or other matter whatsoever which is to be considered by the Board, or in any contract made or proposed to be made by the Board, shall disclose the nature of his interest to the other members of the Board at a meeting of the Board, and the disclosure shall be recorded in the minutes taken at that meeting of the Board, and that member shall not take part in any deliberation or decision of the Board relating to the contract.

(2) A disclosure made by a member of the Board under subsection (1), to the

effect that he is a director or shareholder or has a significant economic relationship with a specific company, firm or other person interested in any contract which is made with the company, firm or other person, shall for the purposes of subsection (1) be a sufficient disclosure of his interest in relation to any contract so made.

Qualification and restriction of Board

  1. No former member of the Board shall accept employment or enter intoa contract of service with an entity regulated by the Authority until the expiry of 2 years from the termination of his appointment with the Board, whether that termination is by resignation, effluxion of time or otherwise.
    Minister’s directions to the Board
  2. The Minister may give written directions of a general nature as to the

policy to be followed by the Board in the performance of its functions, as appear to the Minister to be necessary for the development of civil aviation or necessary in the public interest, and the Board and the Authority shall comply with those directions.

Delegation by the Minister and the Authority

13.(1)

The Minister may, by order, delegate to the Board or the Director

General, as the case may be, any power or function conferred or imposed on the Minister under this Act except the power to make regulations.

  1. The Authority may, by order, delegate any power or function conferredon it by this Act to any Board member, committee member or senior officer of the Authority, except the power to issue and revoke aviation documents issued under this Act or the power to register or cancel the registration of an aviation service provider under this Act.
  2. A delegation under this section
    1. may be subject to such conditions, qualifications and exceptions as may be prescribed in the order; and
    2. shall not preclude the Minister or the Authority, as the case may be, from exercising that power or performing that duty.
  3. The Board shall not delegate any power delegated to it by the Minister. PART IV

INTERNATIONAL OBLIGATIONS

Obligations of Barbados under Chicago Convention

  1. The Authority shall have responsibility for ensuring that the principlesand arrangements of the Chicago Convention are adhered to in order that
    1. international civil aviation may be developed in a safe and orderly manner; and
    2. international air transport services may be established on the basis of equal opportunity and may be operated on a sound and economical basis.
      CASSOS Agreement
  2. The Authority shall ensure that the objectives of the CASSOSAgreement are observed.
    Health obligations under treaties etc.
  3. The Minister responsible for Health and the Minister responsible forAgriculture shall, in consultation with the Minister, make such arrangements and implement such administrative policies as are necessary
    1. to prevent danger to public health from any aircraft that arrives at an aerodrome; and
    2. to prevent the spread of infectious diseases by means of an aircraft leaving such aerodrome,so far as may be necessary or expedient for the purpose of carrying out any treaty, convention, arrangement or engagement with any country.
      Conclusion of international agreements
  4. The Authority shall, where necessary, make recommendations to theMinister in respect of the conclusion of any civil aviation international agreement with other states, governments or international organizations.
    PART V
    STAFF OF THE AUTHORITY
    Appointment of staff
  5. The Authority may appoint and employ on a contractual basis any

officers, servants or agents as it considers necessary for giving effect to this Act.

Director General

19.(1)

The Board shall, with the approval of the Minister, appoint a person

to the office of Director General.

  1. Subject to section 20(2), the Director General shall be the Chief ExecutiveOfficer of the Authority and shall be subject to the directions of the Authority in the performance of his functions under this Act.
  2. The Director General
    1. shall hold office for a term not exceeding 3 years but is eligible for reappointment;
    2. is entitled to such remuneration and allowances as the Authority determines; and
    3. shall not be removed from office without the approval of the Minister.

Functions of the Director General

20.(1)

(a)

(b)

(c)

(d)

(e)

(f)

The functions of the Director General are as follows:

to discharge, on behalf of the Authority, the functions of the Authority; to execute the policy and manage the affairs of the Authority;

to provide oversight for all aspects of civil aviation including emphasis on safety, security and the environment;

to provide oversight for all staff of the Authority and all operators in the civil aviation industry;

to perform the functions that are conferred on the Director General by the Board;

to keep the Minister fully informed on all incidents, events and matters affecting the safety and security of aircraft operations in Barbados and those affecting any Barbados aircraft overseas; and

(g) to perform any other functions that are conferred on the Director General under this Act.

  1. Notwithstanding section 19(2), the Director General shall not, inexercising any powers or discharging any functions in relation to
    1. aviation safety and security matters of a technical nature; or
    2. any other matter of a technical nature,

be subject to the directions of the members of the Board or any other person.

Private pension plan

  1. The Authority shall, if circumstances permit, provide for theestablishment and maintenance of a pension plan for the benefit of the staff of the Authority.
    Pension under Cap. 25
  2. Subject to section 21, the employees of the Authority shall be grantedpension and related emoluments under the Pensions Act, Cap. 25, as if they were public officers.
    Transfer and secondment of public officers23.(1)Where a public officer accepts employment with the Authority, thepublic officer shall
    1. be employed on terms and conditions that are no less favourable than those enjoyed by a public officer of proximate rank or a public officer performing comparable duties; and
    2. retain any right to pension, gratuity or other allowance for which he would have been eligible had he remained in the public service; and any such right is preserved.

(2) Where a public officer is seconded to a post in the Authority from a

pensionable office within the meaning of section 2 of the Pensions Act,

Cap. 25, the period of service with the Authority, unless the President otherwise determines, counts for pension under that Act as if the officer had not been so seconded.

Engagement of experts

  1. The Authority may engage, on such terms and conditions as theMinister approves, such experts as it considers necessary to assist it in such manner as it determines.
    PART VI
    ADMINISTRATIVE AND FINANCIAL PROVISIONS
    Establishment of Fund25.(1)There is hereby established a fund to be known as the “Barbados CivilAviation Authority Fund” which shall consist of the following:
    1. such amounts as may accrue from the operation of the Fund;
    2. such amounts as may be voted for the purpose by Parliament;
    3. such amounts as may be borrowed by the Authority for its purposes;
    4. such amounts as may accrue from fees and charges for the provision of services and the use of facilities and in respect of the performance of its functions or the exercise of its powers in the administration of this Act;
    5. such amounts as may be provided by a foreign state or an international organization for the purposes of this Act;
    6. amounts realized from investment proceeds; and
    7. such other moneys as may become available to the Authority from any other source approved by the Minister responsible for Finance.

(2) The resources of the Fund shall be applied in the payment of expenses

and towards the discharging of obligations and the performing of any function of the Authority under this Act.

Limitation in relation to the fixing of salaries

  1. Notwithstanding the powers conferred on the Authority by section18, the Authority shall not, without the prior approval of the Minister
    1. assign to a post established by the Authority a salary in excess of such amount per annum as the Minister may determine and notify the Authority in writing; or
    2. appoint a person to a post established by the Authority to which a salary in excess of the amount determined by the Minister under paragraph
      1. is assigned.

Investment of funds

27.

(a)

(b)

The Authority

shall develop an investment policy in relation to the Fund; and

may invest any sums not required for the purposes of section 25 in such low-risk securities as it considers appropriate.

Accounts and audit

28.

(a)

(b)

(c)

The Authority shall, in respect of its functions under this Act, keep proper accounts and adequate financial and other records;

prepare financial statements in respect of each financial year in conformity with established accounting principles, including the GAAP; and

appoint an auditor annually for the purpose of auditing its accounts.

Borrowing power

29.(1)

Subject to subsection (2), the Authority may borrow money required

by it for meeting any of its obligations or performing any of its functions.

  1. The power conferred on the Authority by subsection (1) is exercisableonly with the approval of the Minister responsible for Finance, and the Authority shall stipulate
    1. the amount and source of the loan; and
    2. the terms and conditions on which the loan may be obtained.
  2. The approval of the Minister responsible for Finance under subsection (2)

may either be general or limited to a particular borrowing.

Guarantee of loans

30. The Government may, with the approval of Parliament, in such

manner and on such terms and conditions as may be specified, guarantee a loan to the Authority together with any interest or other charges payable thereon.

Strategic plan

31.(1)

The Board shall prepare, for the approval of the Minister, a 3 year

strategic plan in respect of the programmes and policies of the Authority every 3 years.

  1. The strategic plan shall include details of the following:
    1. the operational plans for the Authority, inclusive of areas of revenue, matters of training and aviation documents and fees for such;
    2. the strategies that the Authority intends to use to achieve its objectives, including
      1. operational and financial strategies; and
      2. human resource strategies;
        (c)(d)
        (e)
        (f)(g)
        (h)
        (i)(j)(k)the expected performance of the Authority;the operating and capital budgets of the Authority, including grants and contributions and revenues from the conduct of the operations of the Authority;a statement of the projects and targets planned and the strategies of the Authority;performance measures of the Authority;an account of the performance of the activities and operations of the Authority over the last 3 years, where applicable;analysis of risk factors likely to affect aviation safety in the aviation industry;a statement of the audited accounts of the Authority; industrial relations strategies; andany other relevant information that the Minister may require.
  2. The first strategic plan shall be submitted to the Minister within 6 monthsof the commencement of this Act.
  3. The Minister may give the Board such directions with respect to thestrategic plan as the Minister considers necessary for the proper administration of the Act and for the benefit of the development of civil aviation in Barbados.
  4. The Board may, at any time, be required by the Minister to submit a reportin respect of any matter or activity in the strategic plan.
  5. The Board shall keep the Minister informed about
    1. significant changes to the strategic plan; and
    2. matters that arise that could significantly affect the objectives identified in the strategic plan.

Annual report

32.(1)

Subject to subsection (3), the Authority shall, not later than 4 months

after the end of each financial year, submit to the Minister a report containing

  1. an account of the activities and transactions of the Authority throughout that financial year in such detail as the Minister may direct; and
  2. audited financial statements of the operations of the Authority for that financial year.
  1. A copy of the report referred to in subsection (1), together with a copy ofthe auditor’s report, shall be printed and laid in the House of Assembly and Senate and published in the Official Gazette not later than 3 months after the date of the receipt thereof by the Minister.
  2. Where the Authority is in operation for a period of less than 12 months,the time referred to in subsection (1) for the submission of the report shall not apply; and the report in respect of the first financial year may be submitted not later than 4 months after the end of the second financial year.
    Director General to provide information to the public
    1. The Director General shall, through the Authority’s website and anyother medium the Director General considers appropriate, provide the public with up-to-date information
      1. relating to the operations, procedures and policies of the Authority;
      2. relating to the Authority’s services;
      3. to give assistance and guidance to the public with respect to any obligations and requirements to be met under this Act; and
      4. for the general awareness of the public.

    PART VII
    PROVISIONS RELATING TO PROPERTY
    Control of land in interest of civil aviation34.(1)The Minister may, by order, after consultation with the Ministerresponsible for Planning and Development, declare that any land, structure, works or apparatus specified in the order shall be subject to such directions as may be given by the Minister, if the Minister is satisfied that it is necessary to do so in the interest of civil aviation.
    1. Where an order referred to in subsection (1) is in force, the Minister maygive directions
      1. requiring the total or partial demolition of any building or structure within that area;
      2. restricting the height of trees on any land within the area or requiring any tree on that land to be cut down or reduced in height;
      3. extinguishing any private right of way over land within the area;
      4. restricting the installation of cables, mains, wires or other apparatus upon, across, under or over any land within the area;
      5. extinguishing, at the expiration of any period determined by directions, any subsisting right of installing or maintaining any such apparatus upon, across, under or over any land within the area;
      6. requiring, before the expiration of any period determined by directions, the removal of any apparatus from any land within the area; and
      7. prohibiting the taking of vessels or vehicles into any area specified or the anchoring or mooring of any vessel or parking of any vehicle in the area.
    2. An order under this section may contain such consequential, incidentaland supplemental provisions as appear to the Minister to be necessary or expedient for the purpose of the order.
    3. An order made under this section is subject to affirmative resolution.

Road closures and diversions

35.(1)

The Minister responsible for Transport and Works may by notice, after

consultation with the Minister, close any road to traffic and pedestrians or give any directions he considers necessary to the relevant authorities concerning a particular road, if he is satisfied that it is necessary to do so in the interest of civil aviation.

  1. A gazetted police officer or the Director General may give directions forany road to be closed or for traffic to be diverted from a road in case of an emergency impacting on civil aviation, if in the opinion of the gazetted police officer or the Director General, such action is necessary in the particular circumstances.
    Emergency Directives by Minister36.(1)In circumstances of emergency, the Minister may give directives fora period not exceeding 14 days where
    1. the directive is required to alleviate risk of death or serious injury to any person; or
    2. the directive is required to alleviate risk of damage or serious injury to aircraft or property.
  2. For the avoidance of doubt, the directives issued under subsection (1) shallbe statutory instruments within the meaning of the Interpretation Act, Cap. 1 and shall conform to all the requirements for statutory instruments set out in that Act.
    Directions by Director General37.(1)The Director General may, where the Director General deems itnecessary, give immediate directions for a period not exceeding 24 hours for the purpose of alleviating death or serious injury to a person or alleviating the risk of damage or serious injury to aircraft or property at an air navigation facility.
    1. The Director General shall notify the Minister as soon as practicable ofany direction given under subsection (1).
    2. Any person who contravenes directions or fails to comply with thedirections given by the Director General pursuant to subsection (1) is guilty of an offence and is liable on summary conviction to a fine of $500 or to imprisonment for a term of 3 months or to both.
    3. On the expiration of the 24 hours referred to in subsection (1), the Ministermay, on the advice of the Director General, issue directives in accordance with section 36.
      Obstruction near aerodrome38.(1)Where the Authority is satisfied that for the purpose of avoidingdanger to aircraft being flown in darkness or conditions of poor visibility, provision should be made
      1. for the lighting of any building, structure or erection in the vicinity of an aerodrome; or
      2. for giving to the pilot of such aircraft some other warning of the presence of such building, structure or erection,

the Authority may, by notice in writing, direct the manager of an aerodrome to execute, install, maintain, operate, repair or alter such works and apparatus as are necessary for enabling such warning to be given in the manner and within the time specified in the notice.

  1. The Authority shall before any action is taken under subsection (1), notify,in writing, the persons who have an interest in any property which may be affected by any of the following matters:
    1. the details of the works to be done;
    2. the reason for the execution of the proposed works;
    3. the proposed time in which the work is to be executed which shall not be less than 3 months’ notice from the date that the notice is served on the affected persons; or
    4. the time, not being less than 21 days, within which representations or objections may be made by the person in relation to the notice.
  2. The Authority shall, before executing any works under subsection (1),give persons who have an interest in any property which may be affected an opportunity, not being less than 21 days after the notice is given, to make representations and objections in relation to the notice.
  3. The Authority shall take into consideration any representations made bypersons pursuant to subsection (3) and shall make such modifications to the proposed plan as are equitable and appropriate.
  4. In case of an emergency,
    1. the Authority may authorise the manager of the aerodrome to execute any work identified in the notice after reasonable notice in writing is given to all persons who have an interest in any property which may be affected; and
    2. any person may enter upon or pass over, with or without vehicles, any land identified in the notice given under paragraph (a), for the purpose of executing the works.
  5. For the purposes of this section an occupier of property to which a noticerelates shall be regarded as having an interest in the property.
  6. Any person who has an interest in land in respect of which a notice isissued under this section and subsequent action is taken, is entitled to be compensated in accordance with the Land Acquisition Act, Cap. 228 for any loss or damage which that person suffers.
  7. The Land Acquisition Act, Cap. 228 shall apply for the purposes of

assessing compensation payable under this section.

Regulation of aviation during a state of emergency

39. The law relating to the governance of Barbados during a state of

emergency shall apply for the purpose of regulating civil aviation when a state of emergency has been declared in Barbados under the Constitution, including a state of war.

PART VIII

REGULATION OF AVIATION OPERATORS AND SERVICE PROVIDERS

Prohibition from operating without an aviation document

40.(1)

(a)

(b)

(c)

No person listed in the Second Schedule shall perform any function or activity;

occupy any position or office; or provide any service or product,

unless that person obtains the relevant aviation document under this Act.

  1. A person who contravenes subsection (1) is guilty of an offence and isliable on conviction on indictment to a fine of $250,000 or to imprisonment for 5 years or to both.
  2. An aviation document referred to in subsection (1) is valid for the periodstated in the Second Schedule and is subject to such conditions as the Authority deems appropriate.
  3. Notwithstanding section 142, the Minister may, on the advice of the

Director General, amend the Second Schedule.

Criteria relating to aviation documents

41.(1)

For the purposes of this Act, an aviation document is required in

respect of the following:

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(l)

the registration of aircraft in accordance with section 73; an airman;

an air operator conducting general aviation, aerial work or commercial air transport operations;

air traffic, aircraft maintenance, aviation security, meteorological or communications services or personnel;

aerodrome operations or an aerodrome operator; the provision of aviation navigation services; the provision of aviation security services;

a navigation installation provider; an aviation training organisation;

an aircraft design, manufacture and maintenance organization; the performance of aeronautical procedures; and

an aviation examiner or aviation medical examiner.

  1. Any person who proposes to engage in any activity or provide any servicereferred to in subsection (1)
    1. shall submit the relevant application in accordance with section 42;
    2. shall, if the person is an individual, meet the criteria prescribed pursuant to this Act; and
    3. shall, if the person is an individual, ensure that he possesses the requisite experience, qualifications and supporting documents.

Application for an aviation document

42.(1)

A person who wishes to obtain an aviation document shall apply to

the Authority for the appropriate aviation document in the approved form and pay the prescribed application fee.

  1. The Authority, in considering an application under subsection (1) shallhave regard to whether the applicant meets the criteria prescribed in this Act.
  2. Where an application is approved, the applicant shall pay the prescribedfee for the issue of the aviation document.
  3. For the purpose of the issue of an aviation document, the Authority mayaccept foreign qualifications, licences, permits or certificates where the state issuing the qualifications, licences, permits or certificates is an ICAO member state and the evidence presented is considered appropriate by the Authority in the particular circumstances.
  4. A person issued an aviation document, other than an airman aviationdocument, shall,
    1. at such interval; and
    2. in such manner,submit to the Authority such information in such format as the Authority specifies in writing.
  5. Where a person who is required to submit information pursuant tosubsection (5) fails to do so, that person shall give reasons in writing for such failure, together with an indication of when the information will be submitted.
  6. Where an application for an aviation document is denied, reasons for thedecision shall be given to the applicant and the applicant may appeal in accordance with this Act.
  7. An aviation document shall be issued for a period not exceeding 5 yearsand shall be subject to such conditions as the Authority deems appropriate.
  8. Any person who makes a false representation or statement for the purpose

of procuring for himself or any other person, the issue, renewal or variation of an aviation document is guilty of an offence and is liable on summary conviction to a fine of $10,000.

Registers of aviation documents

43.(1)

For the purposes of this Act, the Authority shall keep and maintain

such number of registers as it thinks fit in respect of the various aviation documents issued under this Act, together with any relevant information related thereto.

  1. A register referred to in subsection (1) shall be open to inspection bymembers of the public during office hours.
    Examinations44.(1)The Authority may for the purpose of assessing the suitability of aperson for an aviation document
    1. set, conduct and administer an examination or test;
    2. conduct flight testing; or
    3. carry out any other functions in relation to such examinations, tests and flight testing as may be necessary.
  2. Where the Authority takes any action under subsection (1), the personconcerned shall be given
    1. written notification of the areas to be assessed or examined; and
    2. prior notice of the examination date.

Inspection in relation to applicants

45.(1)

The Director General or an Inspector may, upon reasonable notice,

conduct an inspection of the operations of an applicant for an aviation document for the purpose of assessing the suitability of the applicant for the aviation document, as the case may be.

(2) Where after an inspection is carried out pursuant to subsection (1) and the

Inspector reports that there are deficiencies, the Director General may request the applicant to take such remedial action as the Director General thinks necessary to satisfy the required standard before the aviation document is issued.

Recognition of validity of certification and accreditation from other states

  1. The Authority may, in the discharge of certification and inspectionresponsibilities, recognize the validity of licences, certificates, permits, instruments, authorizations, accreditations and decisions of the aeronautical authority of another state with the following restrictions:
    1. for actions on airman certification or airworthiness certification, the other state shall be a signatory to the Chicago Convention and must be fulfilling their obligations under the Chicago Convention with respect to the issuance and currency of the certification;
    2. for actions applicable to air operators, the Authority shall request supporting documents; and
    3. the Authority shall ensure that, when validation is based on actions of another aeronautical authority, there is no information to indicate that that state does not meet its obligations under the Chicago Convention regarding certification and on-going validation of its air operators.

Duties of aviation document holders

47.

(a)

(b)

(c)

(d)

A person to whom an aviation document has been issued shall

comply with this Act, regulations made under this Act and operational regulations;

provide training and supervision to all of his employees who are engaged in doing any thing to which the document relates;

provide adequate resources to ensure compliance with this Act, the regulations made under this Act and any operational regulations or any conditions attached thereto; and

notify the Authority of any changes to any material information given in support of an application made under section 42, including the contact information.

Renewal of aviation documents

48. An aviation document holder may, in the approved form, apply to the

Authority for the aviation document to be renewed on production of such documents or information as may be required by the Authority and on payment of the prescribed fees.

Revocation and suspension of aviation documents

49.(1)

(a)

(b)

(c)

(d)

The Authority may suspend or revoke an aviation document where

the aviation document holder fails or refuses to comply with this Act or with any request or direction given in writing under this Act;

the aviation document holder is convicted of an offence under this Act;

the aviation document holder fails to comply with any major term or condition specified in an aviation document;

the aviation document holder or an employee or agent of the aviation document holder refuses to permit an inspection under this Act;

  1. the conditions attached to the issue of the aviation document are being carried out by the aviation document holder in a negligent, reckless or incompetent manner;
  2. there is reasonable doubt as to the quality or safety of the aeronautical product or service to which the aviation document relates;
  3. in the case of an aircraft, there is reasonable doubt as to the airworthiness of the aircraft; or
  4. it is required in the interests of defence, public health, public safety, public order, the public interest or security of Barbados.
  1. For the purpose of determining whether an aviation document should besuspended or revoked, the Authority shall have regard to a person’s history of compliance with civil aviation regulatory requirements where relevant.
  2. Where the Authority suspends or revokes an aviation document, theAuthority shall give notice of that fact in writing to the aviation document holder and that notice shall
    1. state the reason for the proposed suspension or revocation, and where the issue can be rectified, give a reasonable time by which the matter should be rectified, failing which the suspension or revocation will take effect;
    2. give the aviation document holder a reasonable time from the date of the notice to submit reasons to the Authority why the aviation document should not be suspended or revoked; and
    3. advise the aviation document holder of his right to object under this Act to the proposed decision.
  3. At the expiration of the time period referred to in subsection (3)(b) orwhere a suitable explanation has not been received from the person, the aviation document may be revoked or suspended, and the person shall be notified in writing.
  4. Where the Authority revokes or suspends an aviation document, the

Authority shall publish a notice of the suspension or revocation in the Official Gazette, and where the publication relates to a suspension it shall state the period of the suspension.

Procedure relating to suspension of an aviation document

50.(1)

An aviation document may be suspended for a period not exceeding

21 days, but may be extended by the Authority in accordance with subsection (2).

  1. The Authority may, prior to the expiration of the 21 day period referredto in subsection (1),
    1. impose conditions;
    2. withdraw any conditions; or
    3. extend the suspension for a further period.
  2. Any person in respect of whom any decision is taken under this sectionmay object to that decision in accordance with section 53.
    Imposition of conditions in respect of aviation document51.(1)The Authority may impose conditions in relation to an aviationdocument if the Authority
    1. considers such action necessary to ensure compliance with this Act or the regulations;
    2. considers such action necessary in the interests of aviation safety and security;
    3. is satisfied that the holder thereof has failed to comply with any conditions;
    4. is satisfied that the holder thereof has contravened or failed to comply with this Act or the regulations;
    5. considers that the privileges or duties for which the aviation document has been granted are being carried out by the holder thereof in a negligent, reckless or incompetent manner;
    6. considers that there is reasonable doubt as to the airworthiness of an aircraft; or
    7. considers that there is reasonable doubt as to the quality or safety of the aeronautical product or service to which the document relates.
  1. Where the Authority imposes conditions on an aviation document, theAuthority shall give notice of that fact in writing to the aviation document holder and that notice shall
    1. state the reason for the proposed imposition of conditions, and where the issue can be rectified, a time period by which the matter should be rectified, failing which the imposition will take effect;
    2. give the aviation document holder a reasonable time from the date of the notice to submit reasons to the Authority why the conditions should not be imposed; and
    3. advise the aviation document holder of his right to object under this Act to the proposed action.
  2. At the expiration of the time period referred to in subsection (2)(b) or

where a suitable explanation has not been received from the person, the conditions may be imposed as indicated in the notice referred to in subsection

(2) and the person shall be notified in writing.

  1. The imposition of a condition under this section shall remain in force fora period not exceeding 21 days, but may be extended by Authority in accordance with subsection (5).
  2. The Authority may, prior to the expiration of the period of 21 days referredto in subsection (4),
    1. extend the condition for a further specified period; or
    2. withdraw any condition.

Revocation of aviation documents in special cases

52.(1)

The Authority may, after an inspection, monitoring or investigation

carried out under this Act, revoke an aviation document if the Authority

  1. has reasonable grounds to believe that the revocation is necessary in the interest of aviation safety or security; or
  2. determines that the privileges or duties for which the document has been granted are not being carried out or cannot be carried out by the aviation document holder.
  1. Where the Authority takes action under this section, the Authority mustgive notice of its intention in accordance with section 54 and notify the aggrieved person of the right to object to the decision.
  2. A person whose aviation document is revoked under this section shallimmediately surrender the document to the Authority.
  3. A person may object to a decision taken under subsection (1) inaccordance with section 53.
    Operators may object to proposed decisions of the Authority53.(1)respectingWhere an aviation document holder has received notice of a decision
    1. the suspension of an aviation document;
    2. the imposition of a condition in respect of an aviation document; or
    3. the revocation of an aviation document,

the aviation document holder may object to that decision in accordance with this section.

  1. A person referred to in subsection (1) shall send to the Authority theinformation that person wishes the Authority to consider within the period specified in the notice or such further period as the Authority may allow.
  2. The Authority shall consider any information referred to in subsection (2)and any pertinent information after the expiry of the period specified in that subsection.
  3. Upon consideration of the information referred to in subsection (2), theAuthority shall as soon as practicable thereafter notify in writing the aviation document holder of the following matters:
    1. the Authority’s decision;
    2. the reasons for the decision;
    3. the date on which the decision will take effect; and
    4. the right of the aviation document holder to appeal the decision under section 105.

Notice of suspension, imposition of conditions or revocation of aviation documents

54.(1)

(a)

(b)

(c)

Where the Authority

has suspended an aviation document;

has imposed a condition upon an aviation document; or has revoked an aviation document,

the Authority shall give notice in writing to the aviation document holder as indicated in subsection (2).

  1. The notice referred to in subsection (1) shall
    1. notify the aviation document holder of the action taken;
    2. inform the aviation document holder of the grounds for the action;
    3. notify the aviation document holder of his right of appeal under section 105; and
    4. specify any other relevant matters.

Variation of aviation documents

55.(1)

An aviation document holder may apply in writing for the variation

of the aviation document

  1. to reflect the fact that any privilege or duty for which the aviation document was granted is no longer carried out by the aviation document holder;
  2. to reflect any change of material information thereon; or
  3. to correct any clerical or other error on the face of the aviation document.
  4. The Authority may
    1. upon its own discretion; or
    2. upon application made under subsection (1),

correct or modify an aviation document, where appropriate.

Cancellation of aviation documents

  1. The Authority shall cancel an aviation document from such date as anaviation document holder specifies in a notice to the Authority of the intention of the aviation document holder
    1. to surrender the aviation document; or
    2. to cease to carry on business under the aviation document.

Inspection and monitoring of operators

57.(1)

The Authority may require any person who holds an aviation

document holder to undergo such inspections and monitoring as the Authority considers necessary in the interest of civil aviation safety and security.

  1. Where after an inspection is carried out pursuant to subsection (1) and theInspector reports that there are deficiencies, the Authority may request the person referred to in subsection (1) to take such remedial action in the interest of civil aviation safety and security as the Authority thinks necessary.
    Investigation of operators58.(1)The Authority may, in writing, where the Authority considers itnecessary in the interest of civil aviation safety and security, conduct an investigation of an aviation document holder where the Authority
    1. has reasonable grounds to believe that the aviation document holder has failed to comply with any conditions attached to the aviation document or with the requirements of section 47; or
    2. considers that the privileges or duties in respect of which the aviation document has been granted are being carried out by the aviation document holder in a negligent, reckless or incompetent manner.
  2. If the Authority requires that the operations of the aviation documentholder be investigated, the Authority
    1. shall inform the aviation document holder, in writing, of the date on which the investigation will commence;
    2. shall conclude the investigation as soon as practicable;
    3. may make available the results of the investigation to the aviation document holder;
    4. may make recommendations arising out of the investigation; and
    5. shall give reasons for any recommendations made.

Inspectorate

59.(1)

(a)

(b)

(c)

The Authority shall establish an inspectorate for the purpose of

carrying out inspections in relation to the premises of persons applying for an aviation document;

monitoring the service provided by persons granted aviation documents pursuant to this Act; and

carrying out inspections for any other purpose required under this Act.

  1. A person appointed under subsection (1) shall possess the requisitequalifications which the Authority considers appropriate.
  2. An Inspector shall be issued with an identification card and shall producethat identification card to relevant persons when conducting an inspection.
  3. An Inspector may, in the performance of his functions,
    1. take photographs;
    2. make photocopies, videos or voice recordings of any information he considers necessary;
    3. take samples or require a person to have a sample on the premises tested; and
    4. use any equipment, form of technology or other facility necessary to ensure that the necessary findings, information or data are acquired, captured or stored with respect to the inspection.
  4. An Inspector shall, after concluding an inspection, submit a report of his

finding to the Director General without delay.

Functions of Inspectors

60.

(a)

(b)

(c)

(d)

The functions of an Inspector are to

ensure the observance of rules, standards, practices and procedures relating to aspects of civil aviation assigned to that Inspector;

provide surveillance for the aviation security and safety programmes, where required;

provide surveillance for airport operations, including physical and electronic aids to aircraft operations and airfield lighting and markings;

monitor

  1. the provision of air navigation services;
  2. the proficiency of flight crews;
  3. the practices and procedures used in aircraft operations; and
  4. the various documents and procedures used by aircraft operators;
  1. provide or perform safety oversight of civil aviation including aircraft operations, personnel licensing and aviation training;
  2. ensure compliance with, and the proper implementation of, regulations in respect of
    1. aircraft operations;
    2. maintenance operations; and
    3. aviation security;

(g)

(h)

(i)

provide oversight over air navigation services;

provide surveillance for all aircraft maintenance activities, including the maintenance of bases and maintenance during ramp operations;

perform surveillance for the purposes of this Act; and

  1. administer or assist in administering examinations for the issue or renewal of aviation documents or ratings, where required.
    Power of Inspectors61.(a)
    (b)
    (c)
    (d)
    (e)
    (f)
    (g)An Inspector mayinspect any part of an aerodrome or airport in Barbados or any land or area outside the airport used by a person who operates at the airport, including any buildings or other structures thereon;inspect any part of the airport in Barbados or any land or area outside the airport used by a person who operates at the airport, including any buildings or other structures thereon, where he reasonably believes there is an infringement of the provisions of this Act or the regulations;at any time, inspect any aircraft once that aircraft is registered in or operating in Barbados for the purpose of evaluating any safety or security procedure, whether in flight or otherwise, and require the production of any aviation document;inspect any premises including any buildings, any office, hangar, ramp, equipment, document or workshop or other structures or installations thereon where required to do so for the purposes of this Act;inspect any premises or any part thereof including any buildings or other structures or installations thereon where required to do so for the purposes of this Act;inspect and test the effectiveness of security measures for an aircraft and the procedures and performance of security equipment;take into an airport, airside area or any designated area any required equipment and use any equipment necessary to carry out the required functions, including radios, cameras, video and audio recording devices and specially authorized restricted or prohibited articles, such as replica weapons or simulated explosive devices;
    (h)
    (i)
    (j)(k)
    (l)
    (m)
    (n)issue a written notice indicating any deficiency revealed in an inspection and any recommendations, as appropriate;require or enforce corrective actions, including requiring immediate rectification of any deficiencies;enforce all relevant national aviation security requirements;enter any land, facility or building at an airport or land outside an airport occupied for business purposes connected with an airport or air operator for the purpose of conducting quality control activities;require an air operator, aerodrome operator or occupier of land outside the airport used for business purposes connected with the airport to provide information relevant to any audit, inspection, test or investigation;inspect, seize or copy any aviation document or any other relevant document issued in accordance with this Act or granted under any other enactment in respect of an aircraft where continued operation of the aircraft to which the aviation document or other document relates shall adversely affect the safety of the aircraft, crew members or passengers;require the production of any document which the Inspector reasonably believes contains information relevant to
    1. ensuring compliance with the provisions of this Act or the regulations; or
    2. determining an infringement of the provisions of this Act or the regulations;
  1. detain an aircraft and exercise any other power related to an inspection or investigation granted under the provisions of this Act during the detention; and
  2. interview any person for the purpose of assessing the standard of security or the implementation of security procedures.

Right of access of Inspectors

62.(1)

An Inspector shall have access to any civil aircraft operated in

Barbados and to an aircraft registered in Barbados without restriction for the purposes of ensuring that the aircraft are airworthy and being operated in accordance with this Act, the Chicago Convention and any other applicable international standards.

  1. For the purposes of subsection (1), the Inspector may
    1. take the following actions where necessary:
      1. inspect an aircraft or any part of the aircraft or any process, system or record;
      2. conduct tests and evaluations and request evidence of qualifications, facilities and design data used by any air operator of an aircraft to determine whether the air operators are maintaining the aircraft in conditions which are safe for the operation of the aircraft;
    2. inspect, investigate, require tests, experiments and flight trials and access any place in any establishment for airworthiness purposes;
    3. access and examine, inspect and investigate any consignment of goods as required;
    4. request production, inspection and copies of documents and records; and
    5. prevent an aircraft from flying and detain it.
  2. Where an Inspector finds that any aircraft, aircraft engine, propeller orappliance used or intended to be used by any air operator in civil aviation is not in a condition which is safe for use, the Inspector shall notify the Authority.
  3. Where subsection (3) applies, the Director General shall inform the airoperator and the particular aircraft, aircraft engine, propeller or appliance shall
    not be used in civil aviation operations until determined by the Director General to be in a condition which is safe for use.
    Access to aerodrome and other places63.(1)An Inspector may, while conducting any surveillance, inspection ortest in respect of aviation security, have in his possession simulations of the following items:
    1. arms and ammunition;
    2. explosives and explosive devices; and
    3. ammunition and weapons of war.
  4. The Director General may at any time require an Inspector to carry outan inspection with respect to the National Civil Aviation Security Programme.
    Inspector and violations64.(1)Where in the course of an inspection the Inspector has reason tobelieve that
    1. any provision of this Act or the regulations is not being complied with; or
    2. there
      1. is an immediate threat to aviation safety;
      2. are acts of unlawful interference; or
      3. the likelihood of such threat or acts occurring as a result of an act or thing that has been, is being or is proposed to be done,

the Inspector shall report his findings to the Director General.

(2)

may,

Where a report is made in accordance with subsection (1), the Authority

  1. suspend the relevant aviation document;
  2. direct the air operator of the aircraft concerned not to permit the aircraft to conduct a flight; or
  3. take the necessary steps to detain the aircraft until the air operator has complied with such conditions as may be specified in the direction.

Investigation of complaints

65.(1)

A person may file a written complaint with the Authority

confidentially or otherwise with respect to anything done or omitted to be done by a person in contravention of this Act.

  1. Where the Authority is of the opinion that there appears to be no groundsto investigate the matter, the matter shall not be investigated; and the Authority shall notify the complainant of that decision and shall give reasons for the decision taken.
  2. Where the Authority is of the opinion that there appears to be grounds toinvestigate the matter, the matter shall be investigated; and the Authority shall notify the complainant of that decision and shall give reasons for the decision taken.
  3. Before completing an investigation under this section, the Authority shallensure that the relevant aviation document holder is notified of the concern.
  4. Where the Authority completes an investigation,
    1. the Authority shall, in writing, inform the aviation document holder of the results of the investigation; and
    2. the Authority shall give the aviation document holder an opportunity to respond in writing.

PART IX AERODROMES

Approval to construct, establish or operate an aerodrome

66.(1)

No person shall construct or establish an aerodrome unless that person

receives the relevant written approval in accordance with the Planning and Development Act, 2019 (Act 2019-5).

  1. In considering whether to issue a written approval referred to in subsection(1), the relevant authority under the Planning and Development Act, 2019 (Act 2019-5) shall take into account, inter alia, the need to minimize so far as is reasonably practicable
    1. any adverse effects on the environment;
    2. any disturbance to the public from noise, vibration or atmospheric pollution; and
    3. any detrimental effect associated with the operation and use of an aerodrome and aircraft for the purpose of civil aviation.
  2. No person shall
    1. operate an aerodrome; or
    2. permit the operation of an aircraft on any aerodrome on any land occupied or owned by him,unless the person possesses the requisite aviation document.
  3. Where a person applies for an aviation document to
    1. operate an aerodrome; or
    2. permit the operation of an aircraft on any aerodrome on any land occupied or owned by him,
      the Director General shall conduct such inspections, assessments and tests as are necessary to confirm that the aerodrome site meets the standards specified in the Chicago Convention for aerodromes.
  4. Where the Director General conducts the inspections, assessments andtests and is satisfied that all of the requirements and standards have been met, the Authority may issue the relevant aviation document with such specifications as the Director General thinks necessary.
  5. A person who contravenes subsection (1) or (3) is guilty of an offenceand is liable on conviction on indictment to a fine of $250,000 or to imprisonment for 5 years or to both.
    Minister to establish aerodromes67.(1)(2)The Minister may establish a public aerodrome.Where an aerodrome is established under subsection (1), the Minister
    1. shall make provision for the maintenance of the aerodrome;
    2. shall provide and maintain, in connection with the aerodrome, roads, approaches, apparatus, equipment and buildings and other accommodation;
    3. may vary the character of any facility for the purpose of promoting the safety of air navigation, the signals or assistance given by the facilities;
    4. shall determine the conditions of use of any aerodrome and whether any such aerodrome should be open to public use; and
    5. shall determine the conditions of use of any facilities or equipment provided for the purpose of promoting the safety of air navigation.

Aerodrome master plan

68.(1)

A person granted an aviation document under section 66(3) shall have

an aerodrome master plan for the aerodrome to which the aviation document

relates and that aerodrome master plan shall contain such information as may be prescribed.

  1. The Director General shall approve the aerodrome master plan and mayrequire an inspection of that aerodrome master plan at any time.
  2. At least once every 5 years the aerodrome operator
    1. must review the aerodrome master plan for the aerodrome;
    2. must submit to the Authority a report of the review of the aerodrome master plan together with proposals for additions and alterations which are considered expedient; and
    3. shall submit to the Authority a new draft of an aerodrome master plan.
  3. The Director General may, in writing, approve the new aerodrome masterplan and any changes or alterations to the plan.
  4. Where the Director General approves a new aerodrome master plan which

contains changes or alterations to the previous aerodrome master plan that require development at the aerodrome site, the person shall not execute such changes or alterations without the requisite written approval under the Planning and Development Act, 2019 (Act 2019-5).

Aerodrome master plan requirements

69.(1)

The Director General may require an aerodrome operator to make such

changes to an aerodrome master plan as may be required in accordance with this Act or the Chicago Convention.

(2) An aerodrome operator who operates the aerodrome without complying

with a requirement of the Director General given pursuant to subsection (1) is guilty of an offence and is liable on summary conviction to a fine of $50,000 or to imprisonment for 3 years or to both.

Aerodrome development

70.(1)

No person shall perform any development at an aerodrome without

the relevant written approval in accordance with the Planning and Development Act, 2019 (Act 2019-5).

  1. Where written approval is granted in accordance with the Planning andDevelopment Act, 2019 (Act 2019-5), the person shall submit a copy of the written approval to the Authority.
  2. A person who contravenes subsection (1) is guilty of an offence and isliable on summary conviction to a fine of $50,000 or to imprisonment for 3 years or to both.
  3. In this section “development” means a development that is carried out atan aerodrome site that consists of
    1. constructing a new runway or extending the length of a runway;
    2. constructing a new building wholly or principally for use as a passenger terminal;
    3. extending a building that is wholly or principally for use as a passenger terminal;
    4. constructing a new taxiway where the extension significantly increases the capacity of the airport to handle movements of passengers, cargo or aircraft;
    5. constructing a new parking apron for loading and unloading of aircraft passengers or cargo;
    6. constructing a new cargo terminal;
    7. constructing new hangars, fuel farms, buildings used for in-flight catering, fire-fighting services or aircraft maintenance facilities; or
    8. such other development as may be prescribed by regulations.

International airport

71.(1)

No person shall construct or establish an international airport unless

that person obtains the relevant written approval in accordance with the Planning and Development Act, 2019 (Act 2019-5).

  1. In considering whether to issue a written approval referred to in subsection(1), the relevant authority under the Planning and Development Act, 2019 (Act 2019-5) shall take into account, inter alia, the need to minimize so far as is reasonably practicable
    1. any adverse effects on the environment;
    2. any disturbance to the public from noise, vibration, atmospheric pollution; and
    3. any detrimental effect associated with the operation and use of an international airport and aircraft for the purpose of civil aviation.
  2. No person shall operate an international airport unless that person obtainsan international airport operator certificate.
  3. Where a person applies for an international airport operator certificate,the Director General shall conduct such inspections, assessments and tests as are necessary to confirm that the international airport site meets the standards specified in the Chicago Convention for international airports.
  4. Where
    1. the Director General conducts the inspections, assessments and tests and is satisfied that all of the requirements and standards have been met; and
    2. the Authority is satisfied that the applicant has complied with all applicable enactments for the establishment of an international airport,the Authority may issue an international airport operator certificate with such operational specifications as the Director General thinks necessary.
  5. A person who contravenes subsection (1) or (3) is guilty of an offenceand is liable on conviction on indictment to a fine of $250,000 or to imprisonment for 5 years or to both.
  6. For the purposes of this section, reference to “international airport” means

an airport which enables a person to travel from one country to another country.

PART X

CIVIL AIRCRAFT REGISTRATION

Civil aircraft register

72.(1)

The Authority shall establish a national aircraft register for all

Barbados aircraft and that register shall be kept in the form and manner prescribed by the Authority.

  1. A register referred to in subsection (1) shall be open to inspection by anymember of the public at all reasonable times at the offices of the Authority.
    Unlawful to operate civil aircraft unless registered73.is
    (a)(b)No person shall operate a civil aircraft in Barbados unless the aircraft
    registered in Barbados; orregistered under the laws of any other contracting state.
    Requirement for aircraft registration74.(1)An aircraft may be registered in Barbados if the aircraft is notregistered in any other country and is owned by
    1. a citizen of Barbados;
    2. a permanent resident within the meaning of the Immigration Act, Cap. 190;
    3. a company incorporated or registered under the Companies Act,Cap. 308; or
    4. the Government.

(2) Notwithstanding subsection (1), the Authority may authorize the

registration of an aircraft which is privately owned by an individual or a corporation of another state.

Registration not to be considered as evidence of ownership

  1. An aviation document issued under this Act shall not be consideredevidence as to ownership in any proceedings under the laws of Barbados if ownership of the aircraft by a particular person is or may be in issue.
    Registration of aircraft may be suspended or revoked
  2. A registration granted in respect of an aircraft may be suspended or

revoked by the Authority in the public interest.

Discharge of certain functions and duties under Article 83 bis of the Chicago Convention

77.(1)

The Director General may determine that Barbados should discharge

its functions as state registry of an aircraft to another state in accordance with Article 83 bis of the Chicago Convention.

  1. Where the Director General makes a determination pursuant to subsection(1), the Director General shall
    1. in writing, notify the Minister of the determination; and
    2. submit to the Minister all information necessary to facilitate an agreement between Barbados and the other state with respect to the discharge of the functions of Barbados as state registry.

PART XI

AIR TRANSPORT LICENSING

Air operators engaging in commercial air transport

78.(1)

No air operator shall engage in commercial air transport unless that

air operator holds an air transport licence from the Authority to do so.

  1. A person who engages in air transport without first obtaining the relevantaviation document is guilty of an offence.
    Requirements for an air transport licence
    1. The Authority may issue an air transport licence to an air operatorwhere the Authority is satisfied that the air operator
      1. is in a position to meet at any time its actual and potential financial obligations for a period specified by the Authority from the commencement of operations; and
      2. has the ability to adequately, safely and securely perform the transportation activity covered by its application and meet the requirements of this Act and the regulations.
        Foreign air operator certificate
    2. The Authority may issue a foreign air operator certificate to a personwhere it is satisfied that the person meets
      1. relevant ICAO requirements; and
      2. the prescribed requirements under this Act,to operate as a foreign air operator.
        Foreign air operators engaging in commercial air transport81.(1)No foreign air operator shall engage in commercial air transport intoor out of Barbados unless that foreign air operator is in possession of
        1. an air transport licence granted in accordance with section 79; and
        2. a foreign air operator certificate issued pursuant to section 80.
    3. Subsection (1) shall not apply to an aircraft
      1. that lands in or flies across Barbados without embarking or disembarking passengers, cargo or mail;
      2. operating in accordance with an agreement made between Barbados and any other contracting state which specifically exempts the foreign air operator from the application of subsection (1); or
      3. exempted by the Authority in writing.

Non-compliance by foreign air operators

82.(1)

Where the Authority identifies a case of non-compliance with the laws

of Barbados or a serious safety concern by a foreign air operator, the Authority shall notify the air operator, and if the case warrants

  1. notify the state of the air operator or the state of registry; and
  2. engage in consultations with the state of the air operator or the state of registry, concerning the safety standards maintained by the air operator.

(2) The Authority may place a condition on a licence or suspend or revoke a

licence issued under section 79 for failure to comply with any provision of this Act or any other enactment.

Surveillance of operations

83. The Authority shall establish a programme with procedures for the

surveillance of operations in Barbados by a foreign air operator and for taking appropriate action when necessary to preserve safety.

Insurance requirements of air operators

84.(1)

Every air operator flying within Barbados shall have adequate

insurance for their aviation-specific liability in respect of passengers, baggage, cargo and third parties.

  1. The insured risks include
    1. acts of war, terrorism, hijacking or acts of sabotage;
    2. unlawful seizure of aircraft and civil commotion; and
    3. damage to the hull.
  2. Section 85 applies to each air operator with such modifications and

adaptations as may be necessary.

Liability Insurance

85.(1)

(a)

Any person referred to in subsection (2)

shall maintain adequate insurance as prescribed by order by the Director General, with the approval of the Minister, which covers his liability

  1. under this Act; and
  2. in respect of any compensation which may be owing to third parties, including compensation costs associated with accident and incident investigations conducted pursuant to the Civil Aviation (Air Navigation Services and Investigation of Accidents and Incidents) Act, 2022 (Act 2022- ); and

(b) shall submit documentation to the Authority which shows that he is compliant with paragraph (a) of this subsection on a quarterly basis.

  1. The persons referred to in subsection (1) are as follows:
    1. the aircraft maintenance service provider;
    2. the aviation fuel supplier;
    3. the ground handling service provider; and
    4. the air operator.
  2. Where a person to whom this section applies fails, without reasonableexcuse, to comply with subsection (1), the Authority may, where applicable,
    1. refuse to issue that person with an aviation document;
    2. suspend any aviation document issued to that person; or
    3. revoke any aviation document issued to that person,to operate under this Act.
  3. A person who contravenes this section is guilty of an offence and is liableon summary conviction to a fine of $5,000,000.
    Service of documents86.(1)ofAn air operator shall, in writing, notify the Authority of a local address
    1. a place of business of the air operator; or
    2. an agent of the air operator,

where the Authority may deliver documents to the air operator.

(2) A delivery to the address shall be deemed to be a delivery made on the

air operator.

PART XII

CIVIL AVIATION SECURITY AND SAFETY

Civil aviation security: functions of Authority

  1. The Authority shall, in relation to its regulation and oversight of civilaviation security, perform the following functions:
    1. conduct regular reviews of civil aviation and the security system in order to
      1. monitor the security performance of the civil aviation industry;
      2. identify security-related trends and risk factors; and
      3. promote the improvement of the security system;
    2. conduct regular and timely assessments of the security systems;
    3. review and ensure the adequacy of aviation security programmes and associated documentation produced by aerodrome operators, air operators, catering operators, regulated agents, ground handling service providers and cargo operators; and
    4. regulate the security operations of aerodrome operators, aircraft operators, regulated agents, ground handling and catering service providers for the purpose of
      1. protecting passengers, crew members, users of an aerodrome, aerodrome staff, aerodrome and other aviation facilities;
      2. preventing acts of aerial or air piracy and any other unlawful interference against civil aviation; and
      3. ensuring that appropriate action is taken when an act of aerial or air piracy or any unlawful interference occurs or is likely to occur.

National Civil Aviation Security Committee

88.(1)

There shall be established a National Civil Aviation Security

Committee for the purposes of co-ordinating security activities between government departments, agencies and organizations in Barbados, the airport, aircraft operators, air navigation service providers and any other entity involved in the implementation of various aspects of the National Civil Aviation Security Programme.

  1. The Third Schedule has effect with respect to the constitution andmanagement of the Committee and otherwise in relation thereto.
    Functions of the National Civil Aviation Security Committee89.(a)The Security Committee shallestablish a National Civil Aviation Security Programme in compliance with the Chicago Convention that shall
    1. set out the Government’s security policy in respect of aviation in Barbados and in respect of aircraft registered in Barbados; and
    2. provide through the establishment of standards and guidelines, the necessary safeguards against acts of unlawful interference;
  1. develop policy and implement systematic measures to ensure that there are surveys, inspections, audits, tests and investigations of security standards and security measures as well as recommending operating procedures to be implemented to improve aerodrome security;
  2. define and allocate tasks in accordance with Government policy for implementation of the National Civil Aviation Security Policy between agencies, airline operators and other concerned parties;
  3. develop technical criteria to be met by those persons responsible for implementing security measures under the National Civil Aviation Security Policy;

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(l)

(m)

systematically monitor and constantly analyse the level of threat to civil aviation in Barbados and keep the Minister and the Board apprised of such matters by issuing a monthly report to the Minister and the Board;

assess security related decisions taken by the industry at all levels on the impact on aviation security and conduct regular and timely assessment of international security developments;

advise the Minister on the aviation security measures required to meet threats to civil aviation and civil aviation facilities;

review and maintain the effectiveness of the National Civil Aviation Security Programme, including re-evaluating security measures and procedures following an act of unlawful interference, and taking such action as may be necessary to remedy weaknesses and prevent the recurrence of any act of unlawful interference;

consider recommendations made by the Airport Security Committee of the Grantley Adams International Airport Inc., and, where appropriate, recommend changes to the Authority;

co-ordinate the exchange and dissemination of information on incidents, threats and appropriate counter measures relating to the security of civil aviation;

receive, collate, analyse and disseminate information on any threat or incident and information on the numbers and types of prohibited articles discovered or confiscated and provide a technical reference and information centre for the use of the Authority, airport administrators, operators and security services;

promote security considerations in the design of new airports or the expansion of existing facilities;

develop national standards relating to the specifications of security equipment, systems and airport design;

  1. develop and implement a National Civil Aviation Security Quality Programme, a Quality Management System, a Security Management System Programme and a National Civil Aviation Security Training Programme;
  2. develop and implement policy in respect of the development, promotion, production and the dissemination of suitable training materials that can be used in the training of persons concerned with the implementation of the National Civil Aviation Security Policy; and
  3. develop and implement regulations and policies for a certification system for the purpose of certifying aviation security personnel involved in the implementation of the National Civil Aviation Security Policy.

National Civil Aviation Security Programme

90.(1)

(2)

There shall be a National Civil Aviation Security Programme.

The National Civil Aviation Security Programme shall be binding on

  1. any security officer or aviation security officer and any other person involved in the application of such security; and
  2. any other person, including a member of the public, where the requirements of the National Civil Aviation Programme has been brought to the attention of that person by the Authority by such means as the Authority considers necessary.

State Safety Programme

91.(1)

The Director General shall establish and maintain a Civil Aviation

Safety Programme for Barbados to ensure the observance of safety in all aspects of the aviation industry in Barbados.

  1. A safety management system and a safety management manualcontaining the details of that system shall, with the approval of the Authority, be
    established and maintained by the relevant organization or entity in respect of each of the following:
    1. manned and unmanned aircraft operators;
    2. aerial work operators;
    3. aerodrome operators;
    4. approved maintenance organizations;
    5. aviation training organizations;
    6. aviation handling agents; and
    7. aviation service providers.
  2. The safety management system for each organization or entity referred toin subsection (2) shall include
    1. the reporting of incidents that caused or could have caused damage to equipment or to a facility or injury to staff or a customer;
    2. the appointment of a manager or senior officer to be responsible for implementation of the safety management system;
    3. ensuring provision is made for the protection and confidentiality of a whistle-blower with respect to concerns or breaches of the safety management system or other safety matters;
    4. recording and routine analysis of safety reports by a safety committee; and
    5. appointing an individual who reports to a manager or a senior officer to function as a safety officer with direct responsibility for the management, record keeping and effectiveness of the system.
  3. The safety management system manual referred to in subsection (2) shallbe submitted to the Director General for his approval before the manual is used by the organization.
  4. The Director General shall ensure that any information related to the

safety management system and the safety management system manual for an organization is kept confidential so as to ensure their effectiveness.

Safety and security inspections

92.(1)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

The Director General may, in writing, require security service providers;

aerodrome operators;

air navigation service providers; air operators;

maintenance organizations; handling agents; or

any similar person operating at an aerodrome,

to undergo or to carry out inspections and monitoring necessary to ensure that established international security standards for the protection of aircraft and the travelling public are achieved and maintained.

  1. The Director General or an Inspector, on the directions of the DirectorGeneral may, in respect of any person described in subsection (1), carry out inspections, tests or surveillance to verify that the approved security systems and procedures are functioning effectively.
  2. The provisions of section 61 and section 63 relating to inspections apply

to inspections under this section.

Act of violence or unlawful interference at an air navigation facility or on an aircraft

93.(1)

(a)

No person shall commit

on-board an aircraft an act of unlawful interference which is likely to endanger the safety of the aircraft or the safety of the persons thereon;

  1. an act of violence against a person on-board an aircraft in flight if that act is likely to endanger the safety of that aircraft or the safety of a person or persons thereon; or
  2. an act of violence or unlawful interference at an air navigation facility using any device, substance or weapon which causes or is likely to cause serious injury or death at that air navigation facility.
  1. A person who contravenes subsection (1) is guilty of an offence and isliable on conviction on indictment to imprisonment for life.
  2. For the purposes of this Act,
    1. “act of unlawful interference” means an act which seeks to jeopardize or jeopardizes the security or safety of civil aviation and air transport including the following:
      1. unlawful seizure of an aircraft;
      2. forcible intrusion on-board an aircraft, at an airport or at a facility or on the premises relating to aeronautics;
      3. the destruction of an aircraft in flight;
      4. hostage-taking on-board an aircraft or on an aerodrome;
      5. introduction of an unauthorized or a disguised weapon, a hazardous device or material on-board an aircraft or at an airport;
      6. communication of false information so as to jeopardize the safety of
        1. aircraft in flight or on the ground; or
        2. passengers, crew, ground personnel or the general public at an airport or at the premises of a civil aviation facility;
      7. use of an aircraft for the purpose of causing death, serious bodily injury or serious damage to property or the environment;
      8. destruction of or serious damage to an airport or aircraft located at the airport which is likely to endanger safety at the airport;
      9. disruption of services at an airport where such disruption is likely to endanger safety at the airport;
      10. destruction of or serious damage to an air navigation facility or interference with the operation of an air navigation facility which is likely to endanger the safety of aircraft in flight; or
      11. placing or causing to be placed a device or substance on an aircraft which is likely to
        1. destroy or cause damage to the aircraft;
        2. render the aircraft incapable of flight; or
        3. endanger the safety of the aircraft when in flight; and
    2. “act of violence” means
      1. the offence of terrorism under the Anti-Terrorism Act, Cap. 158;
      2. the offence of murder, manslaughter, assault or any offence involving bodily harm under the Offences Against the Person Act, Cap. 141; or
      3. an offence committed outside Barbados that would, if committed in Barbados, constitute an offence specified in subparagraph (i) or (ii).

Search of persons, baggage and cargo

94.(1)

An airport security officer, a customs officer or an employee or agent

of a carrier may, with the consent of the passenger, search the passenger and his baggage before that passenger boards any aircraft for the purpose of air travel.

  1. Where the passenger referred to in subsection (1) refuses to allow himselfor his baggage to be searched, the carrier or agent of a carrier shall refuse to carry that passenger.
  2. A carrier is not liable to any civil proceedings other than proceedings inrespect of any right that the passenger may have for the recovery of the fare, or any part thereof, by reason of the fact that the carrier has refused to carry the passenger who has refused to allow himself or his baggage to be searched.
  3. With respect to any search made pursuant to subsection (1),
    1. a passenger shall not be required to remove any article of clothing, other than a coat or similar article for the purpose of being searched; and
    2. no person shall be searched except by another person of the same gender, except where the search is made by means of any mechanical, electrical, electronic or other similar device.
  4. An employee or agent of the carrier or any member of the Police Service,may examine any cargo before the cargo is loaded into any aircraft for the purpose of being carried by air from a place in Barbados to any other place.
    Search of persons refusing to consent to search95.(1)Where a person has refused consent to the search of himself or hisbaggage and a member of the Police Service has reasonable grounds to suspect that in relation to an aircraft on which that person was to be carried
    1. an act of unlawful interference;
    2. an act of violence; or
    3. any other offence under this Act,

is being or is likely to be committed, whether by that person or by another person, the member of the Police Service may, without a warrant, search the person, detain him for the purpose of the search and take possession of any prohibited article found in the course of that search.

  1. A member of the Police Service who exercises the powers of searchconferred by subsection (1) shall identify himself to the person and produce evidence to the person that he is a member of the Police Service.
    False statement for baggage96.(1)Where in relation to any baggage, cargo or stores, whether belongingto him or to another person intended for carriage by an aircraft operating in Barbados, a person makes a statement that he knows or ought to have known to be false in a material particular in answer to a question that is put to him
    1. by any of the persons mentioned in subsection (2);
    2. by any employee or agent of a person mentioned in subsection (2); or
    3. by a member of the Police Service on duty,

that person is guilty of an offence.

  1. The persons referred to in subsection (1) are
    1. the aerodrome operator;
    2. the manager or supervisor employed by the carrier or the agent of a carrier; or
    3. a person authorized by the aerodrome operator
      1. who is permitted to have access to a restricted area of an airport for the purposes of the activities of a business carried on by him; and
      2. who has control in that restricted area over the baggage, cargo or stores to which the question relates.
  2. A person who contravenes subsection (1) is guilty of an offence and is

liable on summary conviction to a fine of $75,000 or to imprisonment for 3 years or to both.

Unauthorised presence on-board aircraft

97.(1)

(a)

(b)

A person shall not

get into or onto an aircraft at an airport in Barbados except with the permission of the air operator of the aircraft or a person acting on his behalf; or

remain on an aircraft at an airport after being requested to leave by the air operator of the aircraft or a person acting on his behalf.

  1. A person who contravenes subsection (1) without lawful authority orreasonable excuse is guilty of an offence and is liable on summary conviction to a fine of $50,000 or to imprisonment for 2 years or to both.
    A person being a danger to others98.(a)
    (b)A person on-board an aircraft in flight whoengages in behaviour to such extent as to give rise to a reasonable apprehension that he is likely to endanger the safety of himself or the safety of others on-board the aircraft; orwithout justification engages in behaviour that is likely to cause serious offence or annoyance to any person on-board the aircraft at any time after having been requested by a member of the crew of the aircraft to cease such behaviour,is guilty of an offence and is liable on summary conviction to a fine of $75,000 or to imprisonment for 3 years or to both.
    General powers of arrest99.(1)A member of the Police Service may without a warrant arrest a personwithin an airport
    1. where he has reasonable cause to believe that person has contravened any provision of this Act or the regulations and the member of the
      Police Service does not know and cannot ascertain the name and address of that person; or
    2. where that person, in contravention of any provision of this Act or the regulations, fails or refuses to leave the airport or any particular part thereof after being requested by a member of the Police Service to do so.
  1. A member of the Police Service may, without a warrant, arrest any personwho is in the vicinity of a prohibited area or a restricted area where he has reasonable grounds to believe that an offence has been or is being committed by that person under the Hijacking Act, Cap. 135A.
  2. A person who, when called upon to do so by a member of the PoliceService, in good faith assists him in arresting any person is not guilty of any offence and is not liable to any civil proceedings in pursuance of that assistance.
    Additional powers of Police Service100.(1)(a)
    (b)
    (c)A member of the Police Service maystop any person who is leaving a cargo area in an airport that is part of a prohibited area or restricted area and inspect any goods carried by that person;stop and search any vehicle or aircraft which is leaving any cargo area and inspect the vehicle or aircraft and any goods carried on or in it; anddetain in the area
    1. any goods for which there is not produced an official document signed by the appropriate authority authorizing their removal from that area; and
    2. any vehicle or aircraft so long as there are on or in it goods liable to detention under this paragraph.

(2) In this section, “cargo area” means an area which appears to be used

wholly or mainly for the storage or handling of cargo, whether as a prohibited area, restricted area or otherwise.

PART XIII

NATIONAL AIR TRANSPORT FACILITATION

National Air Transport Facilitation Committee

101.(1)

There shall be established a National Air Transport Facilitation

Committee for the purposes of co-ordinating facilitation activities between the departments, agencies and other organizations of Barbados, airport and aircraft operators and other entities concerned with or responsible for the implementation of various aspects of the National Air Transport Facilitation Programme.

  1. The Fourth Schedule has effect with respect to the constitution andmanagement of the Committee and otherwise in relation thereto.
    Functions of the National Air Transport Facilitation Committee102.(a)The functions of the Facilitation Committee areto establish a National Air Transport Facilitation Programme in compliance with the Chicago Convention that shall
    1. set out the Government’s security policy in respect of civil aviation within Barbados and in respect of Barbados aircraft overseas; and
    2. provide, through the establishment of standards and guidelines, the necessary safeguards against acts of unlawful interference;

(b) to implement and manage the provisions of the National Air Transport Facilitation Programme in Barbados;

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

to ensure co-ordination between relevant ministries and agencies to remove unnecessary obstacles and delays and improve efficiency and service levels of civilian air transport services;

to develop and implement the provisions of the National Air Transport Facilitation Programme in accordance with the provisions of the Chicago Convention;

to review and consider recommendations to enhance facilitation of civil air transport made by relevant entities;

to facilitate and expedite the clearance of aircraft landing in Barbados or overflying the airspace and ensure that arriving and departing passengers, aircraft, cargo and mail are not subjected to unnecessary delays at the points of entry or exit;

to encourage the development of best practices in all areas of facilitation of civil air transport and inter-agency functions with immigration, customs and public health with respect to the handling of persons with disabilities;

to advise the Board and the Minister, as necessary, of any need to amend the Barbados legislation to maintain compliance with the Chicago Convention or any other international agreement in relation to the facilitation of civil air transport;

to inform relevant Government Departments and other relevant agencies or organizations of significant facilitation developments in the field of civil aviation and invite feedback with respect to the National Air Transport Facilitation Programme as appropriate;

to undertake any matters related to air transport facilitation as directed by the Chairman and ensure operations are carried out in such a manner as to accomplish effective compliance with the laws of Barbados, while maintaining a high level of productivity for the operators, airports and agencies involved;

  1. to improve facilitation by co-operating with other states, particularly those partner states where bilateral air services are in place through their civil aviation entities in order to seek uniform solutions to common problems;
  2. to co-ordinate with the National Civil Aviation Security Committee on security related elements of facilitation matters and to ensure that there is a balance between the two areas while maintaining the inherent efficiency and speed of civil aviation activity;
  3. to advise the Minister on matters relating to the aviation industry;
  4. to review, evaluate and maintain the effectiveness of the programmes and procedures and to take such action as may be necessary to remedy any weaknesses; and
  5. to keep under constant review the civil aviation operations in Barbados and to make adjustments as necessary to the Programme.

National Air Transport Facilitation Programme

103.(1)

(2)

There shall be a National Air Transport Facilitation Programme.

The National Air Transport Facilitation Programme shall be binding on

  1. any official in the service of Barbados, any security officer or aviation security officer and any other person involved in the application of such security; and
  2. any other person, including a member of the public where the requirements of the National Civil Aviation Programme has been brought to the attention of that person by the Director General by such means as the Director General considers necessary.

PART XIV APPEALS

Establishment of Tribunal

104.(1)

There shall be a Civil Aviation Tribunal which shall hear appeals in

accordance with this Act.

(2) The Fifth Schedule has effect with respect to the constitution of the

Tribunal and otherwise in relation thereto.

Appeal to Tribunal

  1. A person who is aggrieved by any decision made under this Act mayappeal to the Tribunal for redress within 14 days of the date of the decision.
    Disclosure of interest
  2. Where a member of the Tribunal has a pecuniary or other interest in

a matter before the Tribunal, that member shall disclose his interest to the Chairman and the Tribunal; and that member shall not be eligible to determine the matter.

Experts

107.(1)

The Tribunal may hear evidence from experts or persons having

technical or special knowledge to assist the Tribunal in an advisory capacity.

(2) Subject to subsection(1), the Authority shall fix the remuneration of such

experts or persons to assist the Tribunal in an advisory capacity.

Reasons for decision

  1. On the determination of an appeal the Tribunal shall, in writing,furnish the parties with its decision and the reasons for the decision.
    Appeal to High Court
  2. Where a person is aggrieved by a decision of the Tribunal, that personmay appeal to the High Court in accordance with the Rules of the Supreme Court.
    Annual report from Tribunal
  3. The Tribunal shall, not later than the 30th June in each year, submit tothe Minister a report of its activities during the preceding year; and the Minister shall cause the report to be laid in each House of Parliament.PART XV OFFENCESGeneral Offences
    Interpretation
  4. In this Part,“firearm” means any gun, rifle or pistol, whether or not it is
    1. able to discharge a bullet, shot, missile or other projectile; or
    2. assembled, in parts, broken or in disrepair;

“prohibited item” includes any

  1. firearm;
  2. dangerous or offensive weapon or instrument;
  3. ammunition;
  4. explosive substance or device or any other substance or device which may be used to endanger the safety of an aircraft or a person on board an aircraft;
  5. imitation of an item or substance described in paragraphs (a) to (d);
  6. blunt, pointed or bladed item which is capable of being used to cause injury;
  7. chemical, toxic, explosive or highly combustible substance which poses a risk to the health of persons on board an aircraft or which poses a risk to the safety of an aircraft; and
  8. property or object capable or which appears capable of discharging a projectile or causing injury that the Authority declares by order to be a prohibited item;“prohibited substance” means a controlled drug within the meaning of section 3 of the Drug Abuse (Prevention and Control) Act, Cap. 131; and“security pass” means a pass which is issued by an aerodrome operator to employees or other authorized personnel of an aerodrome to allow those employees or other authorized personnel regulated access to secured or restricted areas of the aerodrome.
    General offences112.(1)(a)
    (b)
    (c)
    (d)(e)No person shallknowingly make a false representation for the purpose of obtaining an aviation document;knowingly make a false entry in a load sheet, a report or other document required under this Act or knowingly omit to enter any particulars that ought to be entered therein;make a report which is false or misleading where a report is required under this Act;issue an aviation document when not authorised to do so;operate as a crew member on an aircraft whilst under the influence of alcohol or a prohibited substance;
    (f)(g)
    (h)
    (i)wilfully operate an aircraft that has been detained pursuant to this Act;knowingly operate any aircraft for which there is no certificate of airworthiness or operate any aircraft in violation of the terms of a certificate of airworthiness which has been issued for the aircraft;offer to, accept for carriage or carry dangerous goods on an aircraft without authorization under this Act or any other relevant enactment;interfere with
    1. the navigational equipment or safety equipment of an aircraft;
    2. an aircraft; or
    3. the safety service facilities at an aerodrome,

so as to endanger persons or to endanger the safety of the aircraft or the aerodrome;

  1. operate as a pilot of an aircraft without the relevant aviation document;
  2. operate as an air operator without the relevant aviation document;
  3. use an aircraft in the airspace of Barbados for the purposes of emitting or displaying an advertisement or communication in such a manner that the advertisement or communication is audible or visible from the ground;
  4. display or cause to be displayed on an aircraft marks which are false or misleading as to the registration of the aircraft; or
  5. knowingly contravene a condition contained in an aviation document which is issued to him.
  6. A person who contravenes subsection (1) is guilty of an offence and isliable on summary conviction to a fine of $50,000 or to imprisonment for a term of 5 years or to both.
    Obstruction of officers undertaking duties113.obstruct(a)
    (b)Any person who wilfully obstructs or encourages another person to
    an employee or agent of the Authority or any other relevant person from carrying out a function or duty under this Act; orany examination or investigation which is required under this Act,is guilty of an offence and is liable on summary conviction to a fine of $50,000 or to imprisonment for a term of 5 years or to both.
    Refusal to follow lawful instruction, answer inquiries or produce documents or materials114.(1)A person who refuses to follow a lawful instruction given by anemployee or agent of the Authority or a member of the Police Service for the purpose of
    1. ensuring safety at the aerodrome;
    2. ensuring the safety of property or any person at an aerodrome; or
    3. maintaining good order at the aerodrome,

is guilty of an offence and is liable on summary conviction to a fine of $50,000.

  1. A person who refuses for the purposes of an inspection, examination orinvestigation under this Act to
    1. answer any lawful inquiry; or
    2. produce documents or materials,is guilty of an offence and is liable on summary conviction to a fine of $50,000.
      Offences at Aerodrome or Airport
      Offences at aerodrome115.(a)A person who at an aerodrome,assaults, intimidates, threatens or interferes with
      1. an airport security officer or any other officer on duty at the aerodrome; or
      2. a member of the Police Force while on duty at the aerodrome;
  1. intentionally obstructs or encourages another person to wilfully obstruct
    1. an airport security officer or any other officer on duty at the aerodrome; or
    2. a member of the Police Force,from performing his duties or functions at the aerodrome;
  2. intentionally damages or destroys property at the aerodrome;
  3. intentionally uses any device, substance, firearm, weapon or explosives in a manner to
    1. endanger a person;
    2. destroy or seriously damage facilities at the aerodrome;
    3. destroy or seriously damage an aircraft; or
    4. disrupt the services at the aerodrome; or
  4. negligently or recklessly acts in a manner likely to endanger a person,

is guilty of an offence and is liable on summary conviction to a fine of $250,000 or to imprisonment for a term of 25 years or to both.

Impersonation of aerodrome personnel

116. A person who wilfully impersonates, whether by words or conduct,

any person employed or engaged as an agent at an aerodrome is guilty of an offence and is liable on summary conviction to a fine of $50,000 or to imprisonment for a term of 5 years or to both.

Entry into secured or restricted areas of aerodrome

117.(1)

A person shall not enter a secured or restricted area of an aerodrome

without a security pass or the relevant authorization from the aerodrome operator.

  1. A person who contravenes subsection (1) is guilty of an offence and isliable on summary conviction to a fine of $50,000 or to imprisonment for a term of 5 years or to both.
    Security pass118.(1)(a)
    (b)
    (c)A person shall notuse his office to influence the issuance of a security pass to a person who is not properly entitled to such a security pass;knowingly make a false statement for the purpose of obtaining a security pass or retaining the use of a security pass;knowingly use a false or an unauthorized security pass to
    1. gain entry into a secured or restricted area of an aerodrome; or
    2. gain access to an aircraft or an air navigation installation; or

(d) use a security pass which has been issued to another person.

  1. A person who contravenes subsection (1) is guilty of an offence and isliable on summary conviction to a fine of $50,000 or to imprisonment for a term of 5 years or to both.
  2. A holder of a security pass who
    1. fails to comply with a condition or term which relates to the use of the security pass;
    2. fails to display the security pass at an aerodrome when required to do so by an aerodrome operator;
    3. fails to promptly return a security pass after
      1. its expiry; or
      2. he is no longer authorized to possess it; or
    4. continues to use the security pass after it has expired,

is guilty of an offence and is liable on summary conviction to a fine of $5,000 or to imprisonment for a term of 3 months or to both.

Prohibited items in a secured or restricted area

119.(1)

A person shall not, without lawful authority or reasonable excuse, take

a prohibited item

  1. into a secured or restricted area of an aerodrome; or
  2. on board an aircraft.
  3. A person who contravenes subsection (1) is guilty of an offence and isliable on summary conviction to a fine of $5,000 or to imprisonment for a term of 25 years or to both.
    Trespassing at an aerodrome120.(a)(b)A person who trespasses; orallows an animal to enter,
    on land which forms part of an aerodrome is guilty of an offence and is liable on summary conviction to a fine of $50,000 or to imprisonment for a term of 5 years or to both.
    Offences in respect of Passenger Safety and Security
    Operating an aircraft in a negligent manner
    1. A person who operates an aircraft or allows an aircraft to be operatedin a manner that is likely to endanger persons or property is guilty of an offence and is liable on summary conviction
      1. in the case of an individual, to a fine of $250,000 or to imprisonment for a term of 25 years or to both; and
      2. in the case of a body corporate, to a fine of $250,000.

    Dangerous flying122.(1)Notwithstanding section 121, where an aircraft is flown in such amanner as to cause danger to a person or damage to an aircraft or any other property, the pilot and the air operator is guilty of an offence and is liable on summary conviction
    1. in the case of an individual, to a fine of $250,000 or to imprisonment for a term of 25 years or to both; and
    2. in the case of a body corporate, to a fine of $250,000.
    3. In any proceedings against the air operator in respect of an alleged offenceunder this section, it shall be a defence to prove that the act alleged to constitute the offence was done without the knowledge or consent of the air operator.
      Passenger offences123.(1)(a)No person shall, while boarding or while on board an aircraft,intentionally or recklessly use any item, device, substance, firearm, weapon or explosive in a manner that endangers or is likely to endanger
      1. a person; or
      2. the safety of an aerodrome or elsewhere;
  1. use threatening language towards a crew member;
  2. behave in a threatening or disorderly manner towards a crew member;
  3. behave in a manner which interferes with the discharge of the functions and duties of a crew member;
  4. tamper or interfere with the aircraft, a component of the aircraft or aircraft equipment;
  5. refuse, without reasonable excuse, to follow a lawful instruction given by any crew member of the aircraft, any person employed at the aerodrome or employed by the Authority or a member of the Police Force for the purpose of
    1. securing the safety of the aircraft or the safety of persons or property on board the aircraft;
    2. removing objects or hazards to secure the safety of the aircraft or persons or property on board the aircraft; or
    3. maintaining order on board the aircraft; or
  6. operate a portable electronic device on board the aircraft contrary to an instruction given by a crew member or stated in a notice or sign which is on board the aircraft.
  1. No person shall smoke on board any aircraft which is carrying passengersfor hire and reward when instructed not to smoke by a crew member or stated in a notice or sign which is on board the aircraft.
  2. This section applies to any act or omission
    1. on an aircraft which is overseas and registered in Barbados; and
    2. which would be an offence if the act or omission occurs within Barbados or over the territorial waters of Barbados.
  3. A person who contravenes this section is guilty of an offence and is liableon summary conviction to a fine of $250,000 or to imprisonment for a term of 25 years or to both.
  4. For the purposes of this section, reference to
    1. “aircraft equipment” includes smoke detectors; and
    2. “smoke” means to smoke, hold or otherwise have control over a vaporizer pen, an ignited tobacco product, weed or plant, fake cigarette or any illegal or prohibited substance.

Operation without a medical certificate or a certificate of approval

124.(1)

(a)

(b)

Where in order to operate an aircraft a person is required to obtain a medical certificate; or

to obtain a certificate of approval from the Director General, in a case where the medical certificate is issued overseas,

and that person operates an aircraft without obtaining a medical certificate or a certificate of approval from the Director General, that person is guilty of an offence and is liable on summary conviction to a fine of $50,000 or to imprisonment for 5 years or to both.

  1. Where a person holds a medical certificate, whether issued in Barbadosor overseas, which imposes conditions, restrictions or endorsements, and that person operates an aircraft without complying with such conditions, restrictions
    or endorsements, that person is guilty of an offence and is liable on summary conviction to a fine of $50,000 or to imprisonment for 5 years or to both.
    False and fraudulent documents and statements125.(a)A person whoknowingly makes or causes to be made a fraudulent, misleading or false statement for the purpose of obtaining
    1. a medical certificate for the purposes of this Act; or
    2. a certificate of approval from the Director General of a medical certificate which is issued overseas;
  1. fraudulently reproduces or alters a medical certificate, whether issued locally or overseas, or a certificate of approval from the Director General;
  2. knowingly holds or uses a fraudulent medical certificate, whether issued locally or overseas, or a certificate of approval from the Director General;
  3. knowingly makes or causes to be made a fraudulent, misleading or false entry in any logbook, record, form or report that is required to show compliance with any condition, restriction or endorsement on a validly issued medical certificate or a certificate of approval from the Director General; or
  4. knowingly makes or causes to be made a fraudulent, misleading or false statement during an investigation conducted for the purposes of this section,

is guilty of an offence and is liable on summary conviction to a fine of $50,000 or to imprisonment for 5 years or to both.

Failure to disclose information on medical conditions

  1. A person who, without reasonable excuse, fails to disclose informationrequired by the Director General for the purposes of investigating or determining the changes in a medical condition of an aviation document holder under this Act is guilty of an offence and is liable on summary conviction to a fine of $50,000 or to imprisonment for 5 years or to both.
    General and Additional Penalties
    General penalty
  2. A person who contravenes any provision of this Act for which nopenalty is expressly provided is liable on summary conviction
    1. in the case of an individual, a fine of $10,000 or to imprisonment for a term of 2 years; or
    2. in the case of a body corporate, a fine of $25,000.

Additional penalty for offences

128.(1)

In addition to any penalty imposed by a court on a person convicted

of an offence under this Act, the court may

  1. where applicable, disqualify the person from holding or obtaining an aviation document for such period not exceeding 12 months;
  2. impose such restrictions, conditions or both on any aviation document issued to the person prior to his conviction for such period not exceeding 12 months; or
  3. if the court is satisfied that the offence was committed in the course of producing a commercial gain, order the person to pay to the court an amount not exceeding 3 times the value of any commercial gain resulting from the commission of the offence.
  1. Where a court
    1. makes an order pursuant to paragraph (a) or (b) of subsection (1); or
    2. removes an order made pursuant to paragraph (a) or (b) of subsection (1),

the court shall cause particulars of the order to be forwarded to the Authority.

Retention and custody of aviation documents

129.(1)

Where a court makes an order in accordance with paragraph (a) or

(b) of section 128(1), the person to whom the order applies shall immediately surrender any aviation document to the Director General.

  1. Where a person surrenders an aviation document pursuant to subsection(1), the Director General shall
    1. endorse the terms of the disqualification, restriction or condition which relate to the aviation document; and
    2. retain the aviation document until the disqualification, restriction or condition has expired or has been sooner removed.

PART XVI MISCELLANEOUS

Barbadian registered aircraft over high seas

  1. All aircraft registered in Barbados shall operate in accordance withthe Rules of the Air when over the high seas.
    Jurisdiction of the court131.(1)The jurisdiction of the court shall extend to any offence under this Actif the act constituting the offence takes place on board
    1. an aircraft registered in Barbados;
    2. a leased aircraft whose principal place of business is in Barbados;
    3. an aircraft which is in Barbados or flying over Barbados; and
    4. any aircraft in flight outside of Barbados if
      1. the next landing of the aircraft is Barbados;
      2. the pilot-in-command of the aircraft has delivered a person suspected of committing the offence to relevant authorities for prosecution of the offence; and
      3. the pilot-in-command or an air operator does not request another contracting state to prosecute the suspected person for such offence in accordance with the laws of that contracting state.
  2. For the purposes of this section, reference to the term “Barbados” includesterritorial waters.
    Detention of aircraft132.(1)Where an air operator defaults in his payment of charges incurred foran aircraft at an aerodrome, an aerodrome operator of the aerodrome may,
    1. pending payment of the charges by the air operator, detain
      1. the aircraft in respect of which the charges were incurred; or
      2. any other aircraft which the air operator owns which is at the aerodrome; and
    2. where the charges are not paid within 30 days after the date when the detention begins, sell the aircraft in order to satisfy the charges.
  1. An aerodrome operator shall not detain or continue to detain an aircraftunder this section by reason of any alleged default in the payment of airport charges where
    1. the air operator or any other person claiming an interest therein disputes that charges are due or incurred; and
    2. pending the determination of the dispute, the air operator gives the aerodrome operator sufficient security for the payment of the charges which are alleged to be due.
  2. An aerodrome operator shall not sell an aircraft under this section withoutthe leave of the High Court, irrespective of the charges which are alleged to be due.
  3. Subject to subsection (3), the High Court shall not grant leave to sell anaircraft except on proof that
    1. a sum is due to the aerodrome operator for airport charges;
    2. default has been made in the payment thereof; and
    3. the aircraft which the air operator seeks leave to sell is liable to sale under this section by reason of the default.
  4. An aerodrome operator who proposes to apply for leave to sell an aircraftunder this section shall take such steps as may be prescribed for
    1. bringing the proposed application to the notice of persons whose interest may be affected by the determination of the High Court thereon; and
    2. affording to any person an opportunity of becoming a party to the proceedings on the application.
  5. Where the High Court grants leave to sell an aircraft, the aerodromeoperator shall ensure that the aircraft is sold for the best price that can be reasonably obtained.
  6. Failure to comply with subsection (5) in respect of any sale, whileactionable as against the aerodrome operator concerned at the suit of any person suffering loss in consequence thereof, shall not after the sale has taken place be a ground for impugning its validity.(8)order:The proceeds of a sale under this section shall be applied in the following
    1. in payment of any customs duty which is due as a result of the aircraft having been brought to Barbados;
    2. in payment of the expenses incurred by the aerodrome operator in detaining, keeping and selling the aircraft, including the expenses relating to the application to the High Court;
    3. in payment of the airport charges which the High Court has found to be due; and
    4. where there is a surplus, the surplus shall be paid to the aircraft owner or air operator as appropriate.
  1. The power of detention conferred by subsection (1) may be exercised bythe aerodrome operator
    1. where the charges have been incurred by the air operator; or
    2. on any subsequent occasion where the aircraft is at any aerodrome managed by the aerodrome operator.
  2. This section applies to any aerodrome owned by the State.
  3. For the purposes of this section, reference to the term “aircraft” includesany equipment or stores which are used in connection with the operation of the aircraft and carried in the aircraft, whether or not the equipment or stores belong to the air operator.
    Exemptions133.(1)The Authority may, by order, exempt any person from anyrequirement in regulations made pursuant to this Act where the Authority is satisfied that
    1. it is just and equitable to do so;
    2. the granting of such exemption shall not compromise the safety of
      1. an aircraft, whether manned or unmanned;
      2. an aerodrome;
      3. a person on an aircraft;
      4. a person in the vicinity of an aircraft, whether manned or unmanned;
      5. a person utilizing an aerodrome; and
    3. the exemption will not contravene the Chicago Convention or the State’s compliance with relevant requirements of the ICAO.
  1. Where the Authority grants an exemption pursuant to this section, theAuthority may set out terms and conditions with respect to the exemption.
  2. Subject to subsection (2), where a person contravenes any terms andconditions stated within the exemption, the exemption is deemed to be revoked.
  3. A person who desires an exemption under this section shall apply inwriting to the Authority.
    Sharing of information134.(1)(a)The Authority may disclose information which it receives to an authorized official of the State; or
    (b) a duly authorized representative of the government of another country in connection with the enforcement of this Act or any other law of Barbados.
    1. The Authority shall not disclose information to a person referred to inparagraph (b) of subsection (1) unless
      1. there is a memorandum of understanding in respect of the use of the information; and
      2. the Authority is satisfied that the person has given an appropriate undertaking to protect the confidentiality of the information and for the control of the use of the information.
        Confidentiality135.(1)(a)
        (b)No employee or agent of the Authority shalluse, either directly or indirectly, any confidential information obtained as a result of his relationship with the Authority for his own benefit or advantage; ordisclose confidential information obtained as a result of his relationship with the Authority to any person other than to
        1. an authorized official of the State; or
        2. a duly authorized representative of the government of another country in connection with the enforcement of this Act or any other law of Barbados.
          1. A person who receives confidential information from a person specifiedin subsection (1) is subject to the provisions of this section as if he were a person specified in subsection (1).
          2. A person who contravenes this section is guilty of an offence and is liable
          on summary conviction to a fine of $50,000 or to imprisonment for 5 years or to both.
          Publication of information
          1. The Authority may publish in the Official Gazette and in a dailynewspaper published and circulating in Barbados and, in such form as may be appropriate, any information which the Authority considers to be of public interest.
            Protection of officers and agents
          2. No action or other proceedings for damages shall be instituted against
          a member of the Authority or an employee or agent of the Authority in the discharge or purported discharge of his respective functions under this Act unless it is shown that the act or commission was done in bad faith.
          Guidelines, operational manuals and operational regulations138.(1)(a)(b)(c)The Authority may issue guidelines for the purpose of establishing codes of conduct to govern the civil aviation sector; modernizing the civil aviation sector; andpromoting international standards and practices in respect of the civil aviation sector.
          1. Guidelines issued in accordance with subsection (1) shall be published inthe Official Gazette.
          2. The Authority may issue such operational manuals and operationalregulations as it thinks fit in respect of the civil aviation sector.
            General regulations139.(1)(a)
            (b)The Minister may make regulationsrelating to conditions or restrictions which apply to aviation documents of any kind;to make provision for any exemptions granted under this Act;
      3. to make provision for emergencies;
      4. respecting any documents or information that must be supplied with any application under this Act;
      5. in respect of fees for
        1. matters or proceedings under this Act;
        2. examinations or tests conducted pursuant to this Act;
        3. the registration of aircraft under this Act; and
        4. any other services provided by the Authority for the purposes of this Act;

(f)

(g)

(h)

(i)

relating to the hearing of matters under this Act in relation to aggrieved persons or to appeals to the Tribunal;

prescribing any matter or thing required by this Act to be prescribed;

respecting any matter required to carry out the purposes of this Act; and

generally for the proper administration of this Act.

  1. Regulations made under subsection (1) are subject to negative resolution.
    Technical regulations140.(1)The Minister may, after consultation with the Director General, makeregulations in respect of
    1. aerodrome control services and terminal area control services;
    2. flight information services;
    3. aeronautical meteorology information and aviation meteorology services;
    4. the certification of persons with respect to the use of unmanned aircraft;
    5. the Rules of the Air, having regard to the Chicago Convention;

(f)

(g)

(h)

(i)

(j)

(k)

(l)

(m)

(n)

(o)

(p)

(q)

the regulation of aviation meteorological services and the certification of aviation meteorological service providers, having regard to the Chicago Convention;

the use of aeronautical charts and the certification of aviation aeronautical charts services providers, having regard to the Chicago Convention;

units of measurement to be used in the air and in ground operations, having regard to the Chicago Convention;

the regulation of international commercial air transport operations and aviation operations, having regard to the Chicago Convention;

the certification of aircraft operations, having regard to the Chicago Convention;

the certification of maintenance organizations, having regard to the Chicago Convention;

the registration of aircraft, having regard to the Chicago Convention;

the assessment and certification of aircraft airworthiness, having regard to the Chicago Convention;

the security of aircraft, property on board aircraft or on the ground at an aerodrome and persons on board aircraft or on the ground at an aerodrome, having regard to the Chicago Convention;

the regulation of aeronautical telecommunication and aeronautical products, having regard to the Chicago Convention;

the regulation of recreational and sporting activities in the airspace of Barbados;

the regulation of aviation search and rescue operations and the training of aviation search and rescue providers, having regard to the Chicago Convention;

(r)

(s)

(t)

(u)

(v)

(w)

(x)

(y)

(z)

the licensing and safety of aerodromes, helipads and any other aviation facilities, having regard to the Chicago Convention;

aeronautical information services and the certification of aeronautical information service providers, having regard to the Chicago Convention;

the regulation of the levels of aircraft noise and aircraft engine emissions, having regard to the Chicago Convention;

the regulation of aviation security and the certification of aviation security providers, having regard to the Chicago Convention;

the regulation of safety management systems of relevant aviation organizations, having regard to the Chicago Convention;

the regulation of the transport of dangerous goods by air; the regulation of the operation of ground handling agents;

the regulation of the operation of unmanned aircraft systems;

the regulation of directed light emissions around an aerodrome; and

(aa) any other matter required for the management and regulation of civil aviation.

(2) Regulations made under subsection (1) are subject to negative

resolution.

Forms

141.

All forms required for the purposes of this Act shall, with the approval

of the Minister, be provided by the Authority.

Amendment of Schedules

142. The Minister may by order amend the FirstThirdFourth and Fifth

Schedules to this Act.

CASSOS Agreement and force of law

143.(1)

Articles V, VII, X, XII, XIII, XV and XVIII of the CASSOS

Agreement shall continue to have the force of law.

  1. All sums approved by the Parliament under the former Act to be paid inaccordance with Article XV of the CASSOS Agreement shall continue to be a charge on the Consolidated Fund.
  2. All sums required to be paid under Article XV of the CASSOS Agreement

shall be a charge on the Consolidated Fund and shall be approved by Parliament.

Transfer and vesting of assets in the Authority

144.

(a)

(b)

(c)

After the commencement of this Act,

all assets and liabilities incurred by the Air Transport Licensing Authority are deemed to be transferred to the Authority;

any right, privilege, duty or obligation conferred on or imposed upon the Air Transport Licensing Authority are deemed to be transferred to the Authority; and

any contract entered into by or on behalf of the Air Transport Licensing Authority or any other action commenced by the Air Transport Licensing Authority is deemed to have been entered into by or behalf of the Authority.

Transitional re Civil Aviation Department

  1. Any reference to the “Civil Aviation Department” in any enactmentor any other document shall be, unless the context otherwise requires, construed as a reference to the Authority.
    Savings re authorizations issued under former Act and grace period re new authorizations146.(1)Any licence, permit, certificate, accreditation or other authorizationissued under the former Act shall continue in force for a period of 12 months or until it is revoked or whichever is the longer period.(2) Where before the commencement of this Act, no licence, permit,certificate, accreditation or other authorization was required to operate under the former Act, no person shall be required to obtain a licence, permit, certificate, accreditation or other authorization to operate under this Act for a period of 12 months.
    Savings re appeals
    1. Where at the commencement of this Act a Tribunal or a panel of aTribunal constituted under the former Act is in the process of hearing an appeal made pursuant to the former Act, that Tribunal or panel shall continue to hear and determine the appeal under the former Act.
      Savings re civil proceedings
    2. All civil proceedings commenced before the commencement of thisAct in any court of competent jurisdiction by or against the Air Transport Licensing Authority may be continued by or against that Authority under the former Act.
      Saving of statutory instruments under former Act
    3. All statutory instruments made under the former Act shall continue inforce until amended or revoked and shall have effect to the extent that they are not inconsistent with this Act.
      Consequential amendment
    4. The enactment set out in the first column of the Sixth Schedule isamended to the extent specified opposite thereto in the second column.
      Act binds the State
    5. This Act binds the State.

Repeal 152.

The Civil Aviation Act, Cap. 288B is repealed.

Commencement

  1. This Act shall come into operation on a date to be fixed byProclamation.
    FIRST SCHEDULE
    Civil Aviation Authority Board
    Appointment of members
    (Section 8(2))1.(1)
    (a)(b)
    (c)The Board shall consist of 10 members as follows: the Director General, ex officio;the Permanent Secretary in the Ministry responsible for International Transport, ex officio;five persons appointed by the Minister by instrument in writing with experience in the following disciplines:
    1. civil aviation;
    2. financial management or economics;
    3. forensic accounting; or
    4. human resource management;
  1. one person from civil society appointed by the Minister by instrument in writing; and
  2. an attorney-at-law of at least 10 years standing appointed by the Minister.
  3. A member shall
    1. hold office for a term not exceeding 3 years; and
    2. is eligible for reappointment for a further 3 years.

Appointment of Chairman, Deputy Chairman and Secretary

2.(1)

Subject to subparagraph (2), the Minister shall appoint a member to

be the Chairman of the Board and another member to be Deputy Chairman of the Board.

  1. The Director General and the Director of Air Navigation Services shallnot be eligible to be appointed as Chairman or Deputy Chairman of the Board.
  2. A staff member of the Authority shall be assigned to perform the duties

of secretary to the Board.

Remuneration

3. A member of the Board is entitled to such remuneration and

allowances as the Minister determines.

Resignation

4.(1)

A member may resign his office by letter addressed to the Chairman

who shall forthwith forward the letter to the Minister.

  1. The Chairman may resign his office by letter addressed to the Minister.
  2. A resignation takes effect from the date on which the Minister receives

the letter of resignation.

Temporary leave of absence

  1. The Minister may, in writing, grant a leave of absence to a member.
    Temporary appointment
  2. Where a member is or is likely to be unable to perform the functionsof his office for more than 30 days, whether as a result of absence from Barbados, illness or other cause or reason, the Minister may appoint a person to act in the place of the member.
    Revocation of appointment7.(a)(b)If the Minister is satisfied that a memberhas been incapacitated by physical or mental illness; oris otherwise unable or unfit to discharge the functions of a member,the Authority may, by notice published in the Official Gazette, declare the office of the member to be vacant and, thereupon, the office shall become vacant.
    Vacancies 8.(1)
    A vacancy in the membership of the Board arises on
    1. the death or resignation of a member;
    2. the revocation of the appointment of a member; or
    3. the absence of a member from 4 consecutive meetings of the Board without the approval of the Minister.

(2) A person who is appointed to fill a vacancy referred to in subparagraph

  1. shall hold office only for the unexpired portion of the term of the former member.
    Disqualification of a member
    1. A person is not eligible to be a member of the of the Board if thatperson is a member of Parliament.
      Gazetting of appointments
    2. The appointment, resignation, death or removal from office of a
    member shall be published in the Official Gazette.
    Seal and execution of documents11.(1)(a)
    (b)The seal of the Authority shall bekept in the custody of the Chairman or the person performing the duties or functions of secretary to the Board and may be affixed to documents or instruments pursuant to a resolution of the Board; andauthenticated by the signature of the Chairman or the person performing the functions of secretary to the Board.
  2. All documents or instruments made by the Board, other than those

required by law to be under seal, and all decisions of the Board shall be signed under the hand of the Chairman or the person performing the functions of secretary to the Board.

Committees

12.(1)

The Board may appoint committees of its members or other persons

to assist it with the proper discharge of its functions under this Act.

(2) Where a person who is not a member of the Board is appointed to a

committee, the Board may, with the approval of the Minister, determine the remuneration and allowances to be paid to the person.

Meetings

13.(1)

The Board shall meet as often as may be necessary or expedient for

the transaction of its business and such meetings shall be held at such places and times and on such days as the Board may determine.

  1. The Chairman or, in his absence, the Deputy Chairman shall preside atall meetings of the Board; and in the case of the absence of both the Chairman and the Deputy Chairman, the members present and constituting a quorum may elect a temporary Chairman from among their members, and such temporary Chairman shall preside at that meeting.
  2. Five members shall constitute a quorum.
  3. The decisions of the Board shall be by a majority of votes and, in a casewhere the voting is equal, the Chairman or other person presiding at the meeting shall, in addition to an original vote, have a casting vote.
  4. Minutes of each meeting shall be kept by the person performing thefunctions of secretary to the Board or by such other officer as the Board appoints for the purpose and shall be confirmed by the Board and signed by the Chairman at the next meeting of the Board.
  5. The performance of the functions or the exercise of the powers of the

Board shall not be invalidated by reason only of a vacancy in the membership of the Board.

Attendance of non-members at meetings

  1. The Board may invite any person to attend any of its meetings to assistor advise it with respect to any matter under its consideration, but a person so invited does not have a right to vote.
    Board may regulate proceedings
  2. Subject to the provisions of this Schedule, the Board may regulate its

own proceedings.

SECOND SCHEDULE

(Section 40)

List of Persons Who Require Licences, Permits or Certificates

PART A CERTIFICATES

PersonCertificatePeriod of Certificate
1.Air OperatorAir Operator Certificate1 year
2.Aviation Training OrganizationAviation Training Certificate1 year
3.Aviation MaintenanceAviation Maintenance Certificate1 year
Organization
4.Student PilotStudent Pilot Certificate5 years
5.Aerodrome OperatorAerodrome Certificate5 years
6.International AirportInternational Airport Operator5 years
OperatorCertificate
7.Aircraft Owner/Air OperatorCertificate of Airworthiness1 year
8.Aircraft Owner/Air OperatorCertificate of Registration3 years
9.Aerial Work OperatorAerial Work Certificate1 year
10.Medical ExaminerMedical Examiner Certificate3 years
11.Foreign Air OperatorForeign Air Operator Certificate2 years

Second Schedule – (Concl’d)

PersonLicencePeriod of Licence
1.Air OperatorAir Transport Licence1 year
2.Air Traffic ControllerAir Traffic Controller Licence2 years
3.Aircraft MantenanceAviation Maintenance Engineer2 years
EngineerLicence
4.Private PilotPrivate Pilot Licence2 years
5.Commercial PilotCommercial Pilot Licence1 year
6.Air Transport PilotAir Transport Pilot Licence1 year
7.Air Transport Pilot (for SingleAir Transport Pilot Licence6 months
Crew)
8.Commercial Pilot (for SingleCommercial Pilot Licence6 months
Crew)
9.Flight Engineer (Rating)Flight Engineer Rating4 years
10.Pilot (Instrument Rating)Pilot Instrument Rating1 year
11.Ground InstructorGround Instructor Licence2 years
12.Flight Instructor (Rating)Flight Instructor Rating Licence2 years
13.Flight Operations OfficerFlight Operations Officer Licence1 year
14.Parachute RiggerParachute Rigger Licence2 years
15.Free Balloon PilotFree Balloon Pilot Licence2 years
16.Gilder PilotGilder Pilot Licence2 years

PART B LICENCES

THIRD SCHEDULE

National Civil Aviation Security Committee

Members of the National Civil Aviation Security Committee

(Section 88(2))

1.(1)

The National Civil Aviation Security Committee shall be constituted

in accordance with subparagraphs (2) and (3).

  1. The Minister shall appoint an attorney-at-law of at least 10 years standingto the Committee and that member
    1. shall be Chairman of the Committee;
    2. shall hold office for a term not exceeding 3 years; and
    3. shall be eligible for reappointment for a further term of 3 years.
  2. The following functionaries shall be ex officio members:

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

the Director General, ex officio or his nominee;

the Director of Air Navigation Services, ex officio or his nominee;

the Permanent Secretary in the Ministry responsible for International Transport, ex officio or his nominee;

the Permanent Secretary in the Ministry responsible for Defence and Security, ex officio or his nominee;

the Permanent Secretary, Ministry responsible for Foreign Affairs, ex officio or his nominee;

the Commissioner, ex officio or his nominee;

the Chief of Staff, Barbados Defence Force, ex officio or his nominee; the Comptroller of Customs, ex officio or his nominee;

the Chief Immigration Officer, ex officio or his nominee;

  1. the Chief Executive Officer, Grantley Adams International Airport Inc., ex officio or his nominee;
  2. the Chief Fire Officer, ex officio or his nominee; and
  3. the Post Master General, ex officio or his nominee.

Appointment of Chairman, Deputy Chairman and Secretary

2.(1)

The Minister shall appoint a member to be the Chairman of the

Committee and another member to be the Deputy Chairman of the Committee.

(2) A staff member of the Authority shall be assigned to perform the duties

of secretary to the Committee.

Remuneration

3. A member of the Committee is entitled to such remuneration and

allowances as the Minister determines.

Resignation

4.(1)

A member, other than the Chairman, may resign his office by letter

addressed to the Chairman who shall forthwith forward the letter to the Minister.

  1. The Chairman may resign by letter addressed to the Minister.
  2. A resignation takes effect from the date on which the Minister receives

the letter.

Temporary leave of absence

  1. The Minister may, in writing, grant a leave of absence to the memberwho is not an ex officio member.
    Temporary appointment
  2. Where a member who is not an ex officio member is or is likely to beunable to perform the functions of his office for more than 30 days, whether as
    a result of absence from Barbados, illness or other cause or reason, the Minister may appoint a person to act in the place of the member.
    Gazetting of appointments7.Gazette.Meetings 8.(1)The appointment of a member shall be published in the Official
    The Committee shall meet as often as may be necessary or expedientfor the transaction of its business and such meetings shall be held at such places and times and on such days as the Committee may determine.
    1. The Chairman or in his absence the Deputy Chairman shall preside at allmeetings of the Committee; and in the case of the absence of both the Chairman and the Deputy Chairman the members present and constituting a quorum may elect a temporary Chairman from among their members, and such temporary Chairman shall preside at that meeting.
    2. Seven members shall constitute a quorum.
    3. The decisions of the Committee shall be by a majority of votes and in acase where the voting is equal, the Chairman or other person presiding at the meeting shall, in addition to an original vote, have a casting vote.
    4. Minutes of each meeting shall be kept by the person performing thefunctions of secretary to the Committee or by such other officer as the Committee appoints for the purpose and shall be confirmed by the Committee and signed by the Chairman at the next meeting of the Committee.
    5. The performance of the functions or the exercise of the powers of the
    Committee is not invalidated by reason only of a vacancy in the membership of the Committee.
    Attendance of non-members at meetings
    1. The Committee may invite any person to attend any of its meetings toassist or advise it with respect to any matter under its consideration, but a person so invited does not have a right to vote.
      Committee may regulate proceedings
    2. Subject to the provisions of this Schedule, the Committee may regulate
    its own proceedings.
    FOURTH SCHEDULE
    (Section 101(2))National Air Transport Facilitation Committee
    Appointment of members1.(1)The National Air Transport Facilitation Committee shall beconstituted in accordance with subparagraphs (2) and (3).
    1. The Minister shall appoint an attorney-at-law of at least 10 years standingto the Committee and that member
      1. shall be Chairman of the Committee;
      2. shall hold office for a term not exceeding 3 years; and
      3. shall be eligible for reappointment for a further term of 3 years.
    2. The following functionaries shall be ex officio members:
      1. the Director General, ex officio or his nominee;
      2. the Director of Air Navigation Services, ex officio or his nominee;
      3. the Permanent Secretary in the Ministry with responsibility for International Transport, ex officio or his nominee;
      4. the Permanent Secretary Ministry of Defence and Security, ex officioor his nominee;
      5. the Permanent Secretary Ministry of Health and Wellness, ex officioor his nominee;
      6. the Permanent Secretary Ministry of Agriculture, ex officio or his nominee;
      7. the Comptroller of Customs, ex officio or his nominee;
      8. the Chief Immigration Officer, ex officio or his nominee;

    (i)(j)
    (k)the Commissioner, ex officio or his nominee;the Chief Executive Officer, Grantley Adams International Airport Inc., ex officio or his nominee; andthe Chief of Security, Grantley Adams International Airport Inc., ex officio or his nominee.
    Appointment of Chairman, Deputy Chairman and Secretary2.(1)The Minister shall appoint a member to be the Chairman of theCommittee and another member to be the Deputy Chairman of the Committee.(2) A staff member of the Authority shall be assigned to perform the dutiesof secretary to the Committee.
    Remuneration3. A member of the Committee is entitled to such remuneration andallowances as the Minister determines.
    Resignation4.(1)A member, other than the Chairman, may resign his office by letteraddressed to the Chairman who shall forthwith forward the letter to the Minister.
    1. The Chairman may resign by letter addressed to the Minister.
    2. A resignation takes effect from the date on which the Minister receives
    the letter.
    Gazetting of appointments5. The appointment of a member of the Committee shall be published inthe Official Gazette.
    Meetings6.(1)
    The Committee shall meet as often as may be necessary or expedientfor the transaction of its business and such meetings shall be held at such places and times and on such days as the Committee may determine.
    1. The Chairman or in his absence the Deputy Chairman shall preside at allmeetings of the Committee; and in the case of the absence of both the Chairman and the Deputy Chairman the members present and constituting a quorum may elect a temporary Chairman from among their members, and such temporary Chairman shall preside at that meeting.
    2. Seven members shall constitute a quorum.
    3. The decisions of the Committee shall be by a majority of votes and in acase where the voting is equal, the Chairman or other person presiding at the meeting shall, in addition to an original vote, have a casting vote.
    4. Minutes of each meeting shall be kept by the person performing thefunctions of secretary to the Committee or by such other officer as the Committee appoints for the purpose and shall be confirmed by the Committee and signed by the Chairman at the next meeting of the Committee.
    5. The performance of the functions or the exercise of the powers of theCommittee is not invalidated by reason only of a vacancy in the membership of the Committee.
      Attendance of non-members at meetings
  3. The Committee may invite any person to attend any of its meetings toassist or advise it with respect to any matter under its consideration, but a person so invited does not have a right to vote.
    Committee may regulate proceedings
  4. Subject to the provisions of this Schedule, the Committee may regulateits own proceedings.
    FIFTH SCHEDULE
    Constitution of Civil Aviation Tribunal
    Appointment of members of Tribunal
    (Section 104(2))1.(1)
    (a)
    (b)The Tribunal shall consist ofa Chairman who shall be an attorney-at-law with not less than 10 years’ standing; and6 other members,who shall be appointed in writing by the Authority.
    1. A member of the Tribunal
      1. shall hold office for a term not exceeding 3 years; and
      2. shall be eligible for reappointment.

    Disqualification2.(a)(b)A person is not eligible to be a member of the Tribunal if that person is a member of Parliament; oris a public officer.
    Resignation of members of Tribunal
    1. A member of the Tribunal may at any time resign his membership bynotice in writing addressed to the Authority and transmitted through the Chairman; and upon receipt of the notice by the Authority, he ceases to be a member of the Tribunal.
      Resignation of the Chairman
    2. The Chairman of the Tribunal may at any time resign his office bynotice in writing addressed to the Authority and, upon receipt of the notice by the Authority, he ceases to be a member of the Tribunal.
      Temporary leave of absence
    3. The Authority may, where the Authority considers it necessary, grantleave of absence to any member of the Tribunal.
      Temporary appointment
    4. Where a member of the Tribunal is likely to be unable to perform thefunctions of his office, whether as a result of absence from Barbados, illness or any other cause, the Authority may appoint a person to act in the place of the member.
      Remuneration
    5. The members of the Tribunal are entitled to such remuneration and

allowances as the Authority, with the approval of the Minister, determines.

Revocation of appointment

8.

(a)

(b)

If the Authority is satisfied that a member

has been incapacitated by physical or mental illness; or

is otherwise unable or unfit to discharge the functions of a member,

the Authority may, by notice published in the Official Gazette, declare the office of the member to be vacant and, thereupon, the office shall become vacant.

Vacancies

9.

In the case of the temporary absence or inability of a member to act,

the Authority may, by notice published in the Official Gazette, appoint a suitable person to act in that member’s place.

Gazetting of appointments

10. The Authority shall publish in the Official Gazette notice of the

appointment or cessation of appointment of a member of the Tribunal.

Sittings of the Tribunal

11.(1)

The Tribunal shall sit at such times and at such places in Barbados as

the Chairman considers necessary for the proper performance of its functions.

(2) The Tribunal may, at the discretion of the Chairman, sit in private where

it appears expedient that the Tribunal should do so.

Validity of proceedings

12. The validity of any proceedings of the Tribunal shall not be affected

by any vacancy among the members or by any defect in the appointment of a member.

Appeals

13.(1)

In determining an appeal, the Tribunal may review the whole case in

respect of law and fact and shall determine the case in accordance with its own judgment.

  1. In the case of a difference of opinion among members sitting together,the opinion of the majority shall prevail, and in the case of an equality of numbers, the opinion of the Chairman shall prevail.
  2. Notwithstanding subparagraph (2), where the question to be determinedis one of law, account shall not be taken of the opinion of a member who is not an attorney-at-law.
  3. The decision of the Tribunal shall be in writing and shall include reasonsfor the decision, a statement of its findings on material questions of fact and a reference to the evidence or other material on which the findings are based.
  4. The Tribunal shall ensure that the decision is served on each party to the

proceedings.

Procedure on appeal

14.(1)

In the hearing and determination of any matter before it, the Tribunal

may act without regard to technicalities and legal form and shall not be bound to follow the rules of evidence stipulated in the Evidence Act, Cap. 121; but the Tribunal may inform itself on any matter in such manner as it thinks just and may take into account opinion evidence and such facts as it considers relevant and material, but in any such case, the parties to the proceedings shall be given the opportunity, if they so desire, of adducing evidence.

  1. The parties to the proceedings shall be entitled to appear in person or maybe assisted in the preparation of their respective cases by counsel or by a duly authorized representative.
  2. Notwithstanding subparagraph (2), for the purposes of reviewing adecision, the Tribunal may proceed in the absence of a party who has been given reasonable notice in writing to attend.
    Cost15.
    The parties to the proceedings shall be entitled to appear in person ormay be assisted in the preparation of their respective cases by counsel or by a duly authorized representative, but the Tribunal shall not award costs to any party
    to a proceeding before the Tribunal other than sums in respect of the reasonable costs incurred in anyone or more of the following:
    1. the filing of documents;
    2. the obtaining of any expert report; or
    3. the enforcement of an award of the Tribunal,

and any such award of costs shall be in the discretion of the Tribunal.

Powers of Tribunal

16.(1)

The Tribunal may issue subpoenas, make orders and give directions

to such persons and in such manner as it thinks fit for the purpose of summoning witnesses, requiring the disclosure of documents or other evidence, requiring parties or witnesses to answer questions, and for the purpose of conducting its proceedings in a proper and orderly manner.

(2) Without prejudice to the generality of paragraph 14, the Tribunal, as

respecting the attendance and examination of witnesses, the production and inspection of documents and all other matters necessary for the exercise of its jurisdiction, shall have all such powers as are vested in a magistrate’s court in an action in that court.

Regulation of procedure

  1. Subject to this Act, the Tribunal shall regulate its own procedure andmay make rules for that purpose.
    SIXTH SCHEDULE
    (Section 150)
    CONSEQUENTIAL AMENDMENT
    Column 1
    Enactment Airports Act, Cap. 285AColumn 2
    Amendment
    Section 2 of the Airports Act, Cap. 285A is amended by
    1. inserting in the appropriate alphabetical order the following definition:
      • “aerodrome” means any area of land or water, designed, equipped, set apart or commonly used for affording facilities for the landing and departure of aircraft, whether on the ground, on the roof of a building or elsewhere which is designed, equipped or set apart for affording facilities for the landing and departure of aircraft capable of descending or climbing vertically;”; and
    2. deleting the definition “airport” and substituting the following:
      • “airport” means an aerodrome which meets the requirements of this Act and at which there are facilities for customs and immigration services;”.

Read three times and passed the House of Assembly this day of , 2022.

Speaker

Read three times and passed the Senate this day of

, 2022.

President

PARLIAMENT

FIRST SESSION OF 2022-2027

BILL

cited as the Civil Aviation Act, 2022

Government Printing Department

CIVIL AVIATION (AIR NAVIGATION SERVICES AND INVESTIGATION OF ACCIDENTS) ACT, 2022

OBJECTS AND REASONS

This Bill would provide

  1. for the establishment of an independent office to oversee the provision of air navigation services in Barbados as required by the Chicago Convention;
  2. for the establishment of an independent office to manage the investigation of aviation accidents and serious incidents in Barbados as required by the Chicago Convention; and
  3. for related matters.

CIVIL AVIATION (AIR NAVIGATION SERVICES AND INVESTIGATION OF ACCIDENTS) ACT, 2022

Arrangement of Sections

  1. Short title
    PART I PRELIMINARY
  2. Interpretation
    PART IIAIR NAVIGATION
  3. Establishment of Air Navigation Services Office
  4. Functions of the Air Navigation Services Office
  5. Director of Air Navigation Services
  6. Staffing of the Air Navigation Services Office
  7. Requirement to be licensed or certified etc.
  8. Operational guidelines and manuals
    PART IIIAIR NAVIGATION SAFETY
  9. Minister to promote safe air navigation
  10. Installation causing interference with navigational aids
  11. Protected installations
  12. Air navigation charges
  13. Detention of aircraft
    PART IVINVESTIGATION OF ACCIDENTS AND SERIOUS INCIDENTS
  14. Application of Part
  15. Exceptions
  16. Accident Investigation Office
  17. Chief Accident Investigator
  18. Functions of the Chief Accident Investigator
  19. Operational manuals
  20. Staffing of the Accident Investigation Office
  21. Purpose of investigation by Accident Investigation Office
  22. Investigation of accident or serious incident
  23. Statement of notification
  24. Investigation of incident which is not serious
  25. External assistance with the investigation
  26. Investigation team
  27. Public notice of investigation
  28. Preservation of evidence
  29. Offence re removing a part of an aircraft
  30. Procedure relating to investigations
  31. Custody of aircraft for preservation of evidence
  32. Procedure where aircraft is in water
  33. Inspection procedure relating to aviation accidents
  34. Medical examinations
  35. Investigator-in-charge may seek technical assistance
  36. Conduct of search and rescue by investigator-in-charge
  37. On-board recordings
  38. Protection of records
  39. Third party participation in investigations
  40. Provision of further information by Chief Accident Investigator
  41. Investigation reports
  42. Barbados as third party
  43. Safety recommendations
  44. Duty after investigation
  45. Cooperation between the Accident Investigation Office and the Authority
  46. Operational guidelines and manuals
    PART V GENERAL
  47. Search and rescue operations
  48. Appeal to Civil Aviation Tribunal
  49. Confidentiality
  50. Protection of officers and agents
  51. Procedure relating to funds collected under Act
  52. Expenses
  53. Regulations
  54. Forms
  55. Savings re authorizations issued under former Act and grace period re new authorizations
  56. Application of regulations made under former Act
  57. Commencement

BARBADOS

A Bill entitled

An Act to make better provision for the management and oversight of air navigation services and the investigation of aircraft accidents and serious incidents in accordance with the Chicago Convention and to provide for related matters.

ENACTED by the Parliament of Barbados as follows:

Short title

1.

This Act may be cited as the Civil Aviation (Air Navigation Services

and Investigation of Accidents) Act, 2022.

PART I PRELIMINARY

Interpretation

  1. In this Act,“accident” means an occurrence associated with the operation of an aircraft while it is in flight and
    1. the aircraft is missing or is completely inaccessible; or
    2. a person is fatally or seriously injured as a result of
      1. being in the aircraft; or
      2. being in direct contact with any part of the aircraft, including parts which have become detached from the aircraft; or
      3. direct exposure to jet blast; or
    3. the aircraft sustains damage or structural failure which
      1. adversely affects the structural strength, performance or flight characteristics of the aircraft; and
      2. would normally require major repair or replacement of the affected component;“Accident Investigation Office” means the office established under section 16 for the purpose of investigating an aviation accident or a serious incident;
        “accredited representative” means a person designated by a contracting state, on the basis of his or her qualifications, for the purpose of participating in an investigation conducted by another contracting state;“aerodrome” means any area of land or water, designed, equipped, set apart or commonly used for affording facilities for the landing and departure of aircraft, whether on the ground, on the roof of a building or elsewhere which is designed, equipped or set apart for affording facilities for the landing and departure of aircraft;“air navigation” means the controlling, guiding and operating of an aircraft from an airport of departure to a predetermined airport of destination, including alternate airports;“air navigation services” means services provided in respect of aircraft during all phases of the operation of the aircraft to ensure the safe and efficient movement of the aircraft and includes
        1. air traffic control services of all kinds for the safety of aircraft;
        2. air traffic advisory services provided within national airspace to ensure separation, insofar as is practical, between aircraft which are operating on flight plans in accordance with Instrument Flight Rules;
        3. flight information services;
        4. alerting services;
        5. communications, navigation and surveillance services;
        6. dissemination of meteorological information for air navigation;
        7. search and rescue alerting and coordination services; and
        8. aeronautical information services for the provision of aeronautical information and data necessary for the safety and efficiency of air navigation;
        “Air Navigation Services Office” means the office established under section 3 to provide air navigation services;
        “airport” means an aerodrome which meets the requirements of this Act and at which there are facilities for customs and immigration services;“airport operator” means the person who is given responsibility for the overall operations of an airport by the owner of the airport;“airport vehicle operator” means a person authorized and certified by the airport operator to operate or manoeuvre any vehicle, whether motorized or not, on the airside of an airport;“airside” means the side of an airport terminal from which aircraft can be observed, including the area beyond immigration and customs control;“airspace of Barbados” means the airspace referred to in section 4(a); “air traffic control services” includes
        1. aerodrome control services, relating to the landing and taking off of aircraft and the operation of aircraft within the vicinity of an airport;
        2. approach control services, provided for aircraft either approaching or departing an airport in an area up to 20 miles from the airport; or
        3. area control services, provided for aircraft operating beyond 20 miles of an airport whether or not the airport is using radar equipment;“alerting service” means a service provided by an air traffic control service for the purpose of notifying relevant authorities of the need for emergency services with respect to aircraft in need of search and rescue aid;“approved form” means such form as is approved by the appropriate authority; “authorized person” means a person who is authorised by the relevant authority; “Barbados aircraft” means an aircraft registered in Barbados pursuant to Part Xof the Civil Aviation Act, 2022 (Act 2022- );“Barbados Civil Aviation Authority” means the Barbados Civil Aviation Authority established under section 4 of the Civil Aviation Act, 2022 (Act 2022- ) ;
          “Chicago Convention” means the Convention on International Civil Aviation concluded at Chicago on 7th day of December, 1944 and includes any Protocol amending the Convention and any Annex to that Convention relating to international standards and recommended practices, being an Annex adopted in accordance with that Convention;“Chief Accident Investigator” means the officer appointed under section 17 to carry out the functions of the Chief Accident Investigator under this Act;“Civil Aviation Tribunal” means the Civil Aviation Tribunal established by Part XIV of the Civil Aviation Act, 2022 (Act 2022- );“contracting state” means a country which is a party to the Chicago Convention; “crew member” means
          1. a co-pilot or such other person as may be assigned to assist the pilot- in-command with flying the aircraft; and
          2. a person assigned or employed by an operator to work in an aircraft in a capacity other than flying or assisting with the flying of the aircraft;
        “dangerous goods” means articles or substances which are capable of posing significant risk to health, safety or property when transported by air;“Director of Air Navigation Services” or “Director” means the officer appointed under section 5 to carry out the functions of the Director of Air Navigation Services under this Act;“draft final report” means a draft investigation report that is sent in confidence to agencies in Barbados and to other states and organizations involved in the investigation, inviting their significant and substantiated comments on the report;
        “final report” means the conclusive report of Barbados on its investigation into an aircraft accident or incident
        1. which is issued by the Chief Accident Investigator and includes the pertinent factual information, analysis and conclusions and any associated safety recommendations; and
        2. which is made with the intention of preventing accidents or incidents;
        “flight” means
        1. in relation to a manned aircraft, any period from the moment when all the external doors of an aircraft are closed following embarkation until the moment when the doors of the aircraft are open for disembarkation;
        2. in relation to an unmanned aircraft, any period from the time the aircraft is ready to move with the purpose of flight until such time as it comes to rest at the end of the flight and the primary propulsion system is shut down;“flight recorder” means any type of recorder installed in the aircraft for the purpose of complementing an accident or incident investigation;“former Act” means the Civil Aviation Act, Cap. 288B, repealed by the Civil Aviation Act, 2022 (Act 2022- );“ICAO” means the International Civil Aviation Organization;“incident” means an occurrence which is not an accident or a serious incident; “investigation” means an examination process conducted in respect of anaccident or a serious incident;“investigator” means a person appointed to conduct an investigation with respect to an accident, a serious incident or an incident;“loss or damage” includes, in relation to persons, loss of life and personal injury; “manned aircraft” means an aircraft in flight with a pilot-in-command on board; “Minister” means the Minister responsible for civil aviation;
          “navigation”, in relation to aircraft, includes the piloting of aircraft;“operational”, in relation to guidelines and manuals, means documents issued internally to guide any operational aspect of the Offices established by this Act;“Preliminary Report” means the communication used for the prompt dissemination of data obtained during the early stages of an accident or a serious incident investigation;“serious incident” means an occurrence arising from circumstances, defects or actions where there was a high probability that an accident associated with the operation of an aircraft could have occurred;“serious injury” means an injury which
          1. requires hospitalization for a period of more than 48 hours, such period commencing within 7 days from the date of the injury;
          2. results in a fracture of any bone other than a simple fracture of any finger, toe or the nose;
          3. involves lacerations which cause severe haemorrhage, nerve, muscle or tendon damage;
          4. involves injury to an internal organ;
          5. involves second or third degree burns or any burns affecting more than 5 per cent of the surface of the body; or
          6. involves verified exposure to infectious substances or injurious radiation;
        “state of design” means the state having jurisdiction over the organization responsible for the design and type certification of the aircraft;“state of manufacture” means the state having jurisdiction over the organization responsible for the final assembly of the aircraft;
        “state of occurrence” means the state in whose territory an accident or a serious incident occurs;“state of registry” means the state on whose register the aircraft is entered; “state of the operator” means the state in which the air operator’s principal placeof business is located or, if there is no such place of business, the operator’spermanent residence;“statement” in relation to an aircraft accident or incident means the whole or any part of an oral, written or recorded statement given by the author of the statement to the Accident Investigation Office;“unmanned aircraft” means an aircraft, other than a model aircraft, that is designed to fly without a pilot on-board and is designed to operate remotely or is controlled from another place or is programmed and fully autonomous.
        PART II
        AIR NAVIGATION
        Establishment of Air Navigation Services Office
  2. There is established an office to provide air navigation services in

accordance with this Act to be known as the Air Navigation Services Office.

Functions of the Air Navigation Services Office

4.

(a)

The Air Navigation Services Office shall be responsible for providing an adequate system of air navigation services

  1. in the airspace of Barbados; and
  2. in such other airspace as may be the subject of a treaty or an agreement between Barbados and any other state or organization;
  1. providing training in civil aviation;
  2. establishing and maintaining navigation, communication and surveillance systems;
  3. providing assistance as far as possible to an aircraft in distress; and
  4. establishing and maintaining a safety management system in relation to air navigation systems, communications systems, surveillance systems, aviation training and any other area of operation.

Director of Air Navigation Services

5.(1)

There shall be a Director of Air Navigation Services who shall be the

Head of the Air Navigation Services Office.

  1. The post of Director of Air Navigation Services shall be established inaccordance with the Public Service Act, Cap. 29.
  2. The Director of Air Navigation Services shall
    1. be responsible for the administration of this Act in relation to air navigation services;
    2. manage the operations of the Air Navigation Services Office, including the supervision of staff;
    3. establish operating standards in respect of air navigation services; and
    4. keep the Minister informed of matters that would have a significant impact on the provision of air navigation services under this Act.

Staffing of the Air Navigation Services Office

6.(1)

The Air Navigation Services Office shall be provided with such staff,

in addition to the Director of Air Navigation Services, as is necessary for the purpose of carrying out the functions of that Office under this Act.

  1. The offices of the staff required for the purposes of subsection (1) shallbe established in accordance with the Public Service Act, Cap. 29.
  2. The staff members of the Air Navigation Services Office shall have suchpowers as are necessary for the purpose of carrying out their functions under this Act.
    Requirement to be licensed or certified etc.
    1. Part VIII of the Civil Aviation Act, 2022 (Act 2022- ) relating to therequirement for civil aviation industry operators to be licensed or certified applies to the Director of Air Navigation Services and to the staff of the Air Navigation Services Office.
      Operational guidelines and manuals
    2. The Director of Air Navigation Services may establish operational
    guidelines and manuals in relation to the air navigation services provided by the Air Navigation Services Office.
    PART III
    AIR NAVIGATION SAFETY
    Minister to promote safe air navigation9.(a)
    (b)For the purpose of promoting safe air navigation, the Minister,shall provide and maintain facilities and equipment that promote safe air navigation, including visual and non-visual approach and landing aids, communications services, meteorological services and air traffic control services; andmay vary the character of any facility provided at an airport or alter the signals given to assist air navigation;
    Installation causing interference with navigational aids10.(1)Where the Minister has reason to believe that an installation is or maybe either actively or passively causing interference with navigational aids or with radio communications to or from an aircraft, in circumstances that are likely to endanger the safety of aircraft in air navigation, he may cause a notice to be served on the owner directing him to permit the installation to be inspected and tested by an authorized person.
    1. Upon the service of the notice, an authorized person may enter thepremises or place where the installation is installed, kept or operated and inspect or test the installation.
    2. An authorized person exercising powers under this Act, shall produce hisidentification card or written authorisation when requested to do so.
    3. Where as a result of an inspection under subsection (2) or otherwise, theMinister considers it necessary to do so for the safety of an aircraft, the Minister may cause a notice to be served on the owner of the installation, directing him to make such modifications to the installation or to take such other action as is necessary to eliminate the cause of the interference, within such time as may be specified in the notice.
    4. Where an installation has been installed and is used and operated inaccordance with all applicable laws, any person whose interest or rights have been affected may recover from the Government all reasonable expenses incurred and any loss suffered in complying with a direction under subsection (4).
    5. A person who, without reasonable excuse, fails to comply with a direction

contained in a notice issued under this section is guilty of an offence and is liable on summary conviction to a fine of $50, 000 or imprisonment for a term of 3 years or to both.

Protected installations

11.(1)

No person may enter or remain in a protected installation except with

the written permission or general permission of the Director of Air Navigation Services and subject to such conditions as may be attached to the grant of the permission.

(2) For the purposes of subsection (1), “protected installation” means any

installation that the Minister prescribes by order to be a protected installation.

Air navigation charges

  1. The Minister may by regulations prescribe the charges and currenciesin respect of air navigation services which are provided for aircraft.
    Detention of aircraft13.(1)Where there is a default in the payment of airport charges incurred inrespect of any aircraft at an international airport or aerodrome, the airport operator may, subject to the provisions of this section, detain pending payment,
    1. the aircraft in respect of which the charges were incurred, whether or not they were incurred by the person who is the operator of the aircraft at the time when the detention begins; or
    2. any aircraft in respect of which the person in default is the operator at the time when the detention begins.
  1. An airport operator shall not detain or continue to detain an aircraft underthis section by reason of any alleged default in the payment of airport charges where the operator of the aircraft or any other person claiming an interest therein
    1. disputes that the charges, or any of them, are due or, if the aircraft is detained under subsection (1)(a), that the charges in question were incurred in respect of that aircraft; and
    2. gives to the operator, pending the determination of the dispute, sufficient security for the payment of the charges which are alleged to be due.
  2. The power of detention conferred by this section in respect of an aircraftextends to the equipment of the aircraft and any stores for use in connection with its operation carried in the aircraft whether or not the equipment and stores are the property of the person who is its operator.
  3. The power of detention conferred by this section to detain an aircraft inrespect of which charges have been incurred may be exercised by the airport operator
    1. on the occasion on which the charges have been incurred; or
    2. on any subsequent occasion when the aircraft is
      1. at the airport in respect of which those charges were incurred; or
      2. at any other airport owned or managed by the airport operator concerned.

PART IV

INVESTIGATION OF ACCIDENTS AND SERIOUS INCIDENTS

Application of Part

14.(1)

incident

(a)

This Part applies to the investigation of an accident or a serious in or over Barbados; or

  1. when the aircraft is registered in Barbados or the aircraft is operated by a Barbados aircraft operator and
    1. the location of the accident or the serious incident cannot be definitively established as being in the territory of any other contracting state; or
    2. the accident or the serious incident has occurred in the territory of a state which is not party to the Chicago Convention and that state does not intend to conduct an investigation in accordance with the Chicago Convention.
  2. Notwithstanding any other provision in this Act, this Part also applies toan accident or a serious incident involving
    1. a military aircraft, including during a flying display;
    2. a police aircraft, including during a flying display; and
    3. an unmanned aircraft, including an unmanned aircraft belonging to the police or the military.
      Exceptions15.(a)
      (b)
      (c)(d)
      (e)This Part does not apply in the following cases:where the injuries are from natural causes, self-inflicted or inflicted by other persons;where the injuries are to stowaways hiding outside the areas normally available to the passengers and crew;where there is engine failure or damage;where the damage is limited to a single engine (including its cowlings or accessories);where the damage is limited to propellers, wing tips, antennas, probes, vanes, tires, brakes, wheels, fairings, panels, landing gear doors, windscreens and the aircraft skin;
      1. where the damage is minor damage to main rotor blades, tail rotor blades or landing gear; or
      2. where the damage is a result of hail or bird strike (including holes in the radome).

Accident Investigation Office

16.(1)

There is established an office to investigate accidents and serious

incidents in accordance with this Act to be known as the Accident Investigation Office.

  1. The Accident Investigation Office shall be responsible for
    1. gathering, recording and analysing the relevant information relating to an accident or a serious incident; and
    2. protecting accident and serious incident investigation records in accordance with this Part.
  2. The Accident Investigation Office shall have independence in the conductof an investigation and shall have unrestricted authority to conduct investigations consistent with the provisions of Annex 13.
  3. The Accident Investigation Office shall be functionally independent fromother state aviation authorities and other entities that are charged with the investigation of accidents, including accidents involving aircraft.
  4. The Accident Investigation Office shall put all reasonable measures in

place to ensure that the investigation procedures and practices that it follows in relation to accidents and serious incidents are compatible with the obligations of Barbados under the Chicago Convention and with the ICAO standards and recommended practices contained in Annex 13.

Chief Accident Investigator

17.(1)

(a)

There shall be a Chief Accident Investigator who

shall be the Head of the Accident Investigation Office; and

(b) subject to the provisions of this Act, shall be the chief investigator of all accidents and serious incidents.

  1. The Chief Accident Investigator shall be responsible for
    1. the administration of this Act in relation to the investigation of accidents; and
    2. the management of the operations of the Accident Investigation Office, including the supervision of staff.
  2. The post of Chief Accident Investigator shall be established in accordance

with the Public Service Act, Cap. 29.

Functions of the Chief Accident Investigator

  1. The Chief Accident Investigator shall, in relation to the managementof the operations of the Accident Investigation Office,
    1. establish guidelines and protocols for the investigation of an accident or a serious incident;
    2. designate the investigator-in-charge of an investigation where necessary; and that person shall have exclusive authority to direct the conduct of an investigation on behalf of the Chief Accident Investigator;
    3. select the members of an investigation team;
    4. supervise an investigator-in-charge or an investigation team engaged to investigate an accident or a serious incident;
    5. gather, record and analyse the relevant information of an accident or a serious incident;
    6. protect accident and serious incident investigation records in accordance with this Part;
    7. issue safety recommendations, where appropriate;
      (h)
      (i)
      (j)determine the causes and contributing factors of an accident or a serious incident;complete, where required, a preliminary report or a final report into the investigation of accidents; andforward the preliminary report and the final report to the persons to whom they should be sent in accordance with this Part.
      Operational manuals
  2. The Chief Accident Investigator may establish operational manuals

for the regulation of the investigation of accidents and serious incidents.

Staffing of the Accident Investigation Office

20.(1)

The Accident Investigation Office shall be provided with such staff,

in addition to the Chief Accident Investigator, as is necessary for the purpose of carrying out the functions of that Office under this Act.

  1. The offices of the staff required for the purposes of subsection (1) shallbe established in accordance with the Public Service Act, Cap. 29.
  2. The staff members of the Accident Investigation Office shall have such

powers as are necessary for the purpose of carrying out their functions under this Act.

Purpose of investigation by Accident Investigation Office

21.(1)

The Accident Investigation Office shall investigate an accident or a

serious incident to gather data, information or material solely with the purpose of aiding in the prevention of accidents and serious incidents; and that Office shall not be concerned with apportioning blame or liability.

  1. For the purposes of subsection (1),
    1. any investigation conducted for the purposes of establishing civil or criminal liability shall be conducted separately from an investigation by the Accident Investigation Office;
    2. final reports shall not be used as evidence in any court proceeding or in other proceedings related to apportioning blame or liability;
    3. no finding, cause or contributing factor determined under this Act shall be construed as assigning fault or determining civil or criminal liability; and
    4. no safety recommendation made under this Act shall be construed as assigning fault or determining civil or criminal liability.
      Investigation of accident or serious incident22.(1)Where an accident or a serious incident occurs, whether involving amanned or unmanned aircraft, the pilot-in-command shall notify the Chief Accident Investigator of the accident or serious incident in the manner required by section 23(2).
      1. The Chief Accident Investigator shall, when notified of an accident or aserious incident, notify the Minister and acknowledge receipt of the notification.
      2. Where an accident or a serious incident occurs to which subsection (1)applies and there has been no notification in accordance with subsection (1), the Chief Accident Investigator shall, after consultation with the Minister, notify, in the manner required by section 23(3), the pilot-in-command of the aircraft, the state of registry and the operator, that the Accident Investigation Office of Barbados, shall investigate that accident or serious incident.
      3. The Chief Accident Investigator shall ensure that the required notificationis sent to(a)(b)(c)(d)
        the state of registry;the state of the operator; the state of design;the state of manufacture;
    5. ICAO, where the aircraft involved is an aircraft of a maximum certificated take-off mass of more than 2, 250 kilogrammes; and
    6. any other notification which is required in accordance with the Chicago Convention.

Statement of notification

23.(1)

Where an accident or a serious incident occurs, the relevant persons

shall send to the Chief Accident Investigator a written statement with the information specified in subsection (2) and the statement shall contain,

  1. in the case of an accident, the identifying abbreviation “ACCID”; and
  2. in the case of a serious incident, the identifying abbreviation “INCID”,

clearly written in all capital letters at the top of the statement.

  1. The written statement referred to in subsection (1) shall contain thefollowing information:
    1. the manufacturer, model, nationality, registration marks and serial number of the aircraft;
    2. the name of the owner, operator and hirer, if applicable, of the aircraft;
    3. the name of the pilot-in-command of the aircraft and the nationality of the crew and passengers;
    4. the date and local time or Coordinated Universal Time of the accident or serious incident;
    5. the last point of departure and the next point of intended landing of the aircraft;
    6. the position of the aircraft with reference to some easily defined geographical point and the latitude and longitude;
    7. the number of crew members and passengers on-board the aircraft at the time of the accident or serious incident;
      (h)
      (i)
      (j)
      (k)
      (l)in the case of an accident, the number of crew members, passengers or other persons, respectively, killed or seriously injured as a result of the accident;a description of the accident or serious incident and the extent of any damage to the aircraft so far as is known;the physical characteristics of the area in which the accident or serious incident occurred and an indication of access difficulties or special requirements to reach the site;the identification of the person sending the notice and, where the accident or serious incident occurred outside Barbados, the means by which the investigator-in-charge and the accident investigation authority of the state of occurrence may be contacted; andthe presence and description of any dangerous goods on-board the aircraft.
  2. Where section 22(3) applies, the Chief Accident Investigator shall send

to the pilot-in-command of the aircraft, the state of registry and the operator, a statement setting out the details of the accident or serious incident.

Investigation of incident which is not serious

24.(1)

(a)

(b)

Where an incident, other than a serious incident occurs, in Barbados; or

outside Barbados involving a Barbados aircraft or an aircraft operated by a Barbados airport operator,

the owner, airport operator, pilot-in-command or hirer of the aircraft shall send to the Chief Accident Investigator a written statement in accordance with section 23(1).

  1. Where the Chief Accident Investigator determines that an investigationshould be carried out in respect of an incident which is not a serious incident, this
    Part shall apply for the purposes of the investigation of the incident as if it was a serious incident.
    External assistance with the investigation25.(1)Where the Chief Accident Investigator is of the view that the accidentor serious incident to which this Part applies shall not be investigated by Barbados due to the scale, magnitude or nature of the accident or serious incident, the Chief Accident Investigator shall notify the Minister of his conclusion.
    1. Where the Chief Accident Investigator notifies the Minister undersubsection (1) of his conclusion that the accident or serious incident shall not be investigated by Barbados, the Minister, may on the recommendation of the Chief Accident Investigator,
      1. enter into an agreement with an accident investigation organization for the investigation to be carried out by another state or by a regional accident investigation organization; or
      2. make some other arrangement consistent with the Chicago Convention.
    2. Where the Minister engages technical services from outside Barbados toconduct an investigation pursuant to subsection (2), the Chief Accident Investigator shall facilitate the conduct of the investigation in accordance with the agreement by the investigator-in-charge appointed
      1. by the contracting state; or
      2. by the regional accident investigation organization,as applicable.
    3. Where the Chief Accident Investigator is of the view that an accident ora serious incident to which this Part applies shall not be investigated by Barbados, for a reason other than that specified in subsection (1), the Chief Accident
      Investigator may recommend to the Minister, that an agreement be entered into for the engagement of
      1. a person to investigate the accident or serious incident; or
      2. an investigation committee from another contracting state or a regional accident investigation organization to investigate the accident or serious incident in whole or in part.
    4. Where the Chief Accident Investigator makes a recommendation under

subsection 4(b), the Chief Accident Investigator shall recommend an investigator to be the investigator-in-charge and the agreement entered into shall clearly name that person as the investigator-in-charge.

Investigation team

  1. The Chief Accident Investigator shall provide the following personswith a certificate of appointment and an appropriate identification:
    1. the investigator-in-charge of an investigation, appointed pursuant to section 25; and
    2. each person selected under section 25 as a member of the investigation committee.

Public notice of investigation

27.(1)

The Minister may publish a notice of an accident or a serious incident

where he is of the opinion that the public should be notified that an investigation is taking place.

  1. A notice under subsection (1) shall be published
    1. in a daily newspaper published and circulated in Barbados; and
    2. in the Official Gazette.
  2. The notice referred to in subsection (1) may provide that any person with

information regarding the cause or circumstances surrounding or factors

contributing to the accident or serious incident may submit that information in writing in the manner specified in the notice.

Preservation of evidence

  1. The Chief Accident Investigator shall, as soon as he is informed of anaccident or a serious incident,
    1. put all reasonable measures in place to protect the evidence; and
    2. secure the aircraft and its contents, including the cockpit voice recordings and the airborne image recordings,for such period as may be necessary for the purpose of the investigation.
      Offence re removing a part of an aircraft
  2. A person who removes, conceals or withholds or aids or abets another

to remove, conceal or withhold any part of an aircraft involved in an accident or a serious incident, is guilty of an offence and is liable on conviction on indictment to a fine of $300, 000 or to imprisonment for 5 years or to both.

Procedure relating to investigations

30.(1)

(a)

(b)

(c)

(d)

The Chief Accident Investigator

shall put all reasonable measures in place to protect the evidence and to maintain safe custody of the aircraft and its contents for such a period as may be necessary for the purposes of the investigation;

may enter any area in which an accident or a serious incident has occurred;

may take samples, photographs, videos and secure the scene or assign security personnel;

shall have unrestricted access to and unrestricted control over the scene of the accident or serious incident, including the wreckage and any material relevant to the investigation;

  1. shall have unrestricted control over wreckage and parts of the aircraft to ensure that detailed examinations can be made without delay;
  2. shall relinquish control of the accident or serious incident sites and release custody of the aircraft, its contents or any parts thereof as soon as they are no longer required by the investigation; and
  3. may coordinate a rescue, where required.
  1. The state of registry, state of the operator, state of design or state ofmanufacture may in writing request the Chief Accident Investigator to allow an aircraft or the evidence thereon to remain undisturbed until it is investigated by the accredited representative of the state which made the request.
  2. Where the Chief Accident Investigator grants a request under subsection(2), the accredited representative shall only attend the aircraft and investigate any evidence thereon in the presence of the Chief Accident Investigator.
    Custody of aircraft for preservation of evidence31.(1)(a)
    (b)Where an accident or a serious incident occurs in Barbados,no person other than the Chief Accident Investigator and any investigators that he authorises, shall have access to the aircraft involved in the accident or serious incident, the contents of the aircraft or the site of the accident or serious incident; andno person shall move or interfere with the aircraft, its contents or the site of the accident or serious incident except with
    1. the written permission of the Chief Accident Investigator; and
    2. in the presence of the Chief Accident Investigator or the investigator-in-charge, as the case may be.
  1. Notwithstanding subsection (1), where at the time of the accident orserious incident or shortly thereafter an emergency arises, the aircraft involved
    in an accident or a serious incident may be removed or dealt with to such extent as may be necessary for all or any of the following purposes:
    1. extricating persons or animals;
    2. removing any mail, valuables or dangerous goods carried on-board the aircraft;
    3. preventing destruction by fire or other cause; and
    4. preventing any danger or obstruction to the public, air navigation or other transport.
  2. Where after the retention of an aircraft involved in an accident or a seriousincident, any part of the aircraft or any aircraft wreckage, or any contents of the aircraft is no longer necessary for the purposes of the investigation, the Chief Accident Investigator shall release custody of the aircraft, part, wreckage or contents to the following persons:
    1. if the aircraft is a Barbados aircraft, the release shall be to
      1. the owner of the aircraft, part, wreckage or contents;
      2. the personal representative, if the owner is dead; or
      3. a person authorised in writing by the owner or his personal representative to take custody on behalf of the owner or the owner’s personal representative; or
    2. in any other case, to the person or persons designated by the state of registry or the state of the operator, as the case may be.
  3. Where the Chief Accident Investigator or investigator-in-charge hasauthorised any person to remove any goods or passenger baggage from the aircraft or to release any goods or passenger baggage from the custody of the
    Chief Accident Investigator or the investigator-in-charge to some other person, that person may
    1. remove the goods or passenger baggage from the aircraft subject to the supervision of the Chief Accident Investigator or a police officer not below the rank of Inspector; and
    2. take the goods or passenger baggage from the location, subject to clearance by or with the consent of a customs officer, if the aircraft has come from a place outside Barbados.
  4. Where the Chief Accident Investigator or the investigator-in-charge is ofthe opinion that the aircraft involved in the accident or serious incident is likely to be a danger or obstruction to the public, air navigation or other transport, he may require the owner, operator or hirer of such aircraft to remove it to such place as the Chief Accident Investigator or the investigator-in-charge shall indicate.
  5. In the absence of the owner, operator or hirer or in the event of non-compliance with the requirement referred to in subsection (5), the Chief Accident Investigator or the investigator-in-charge shall remove the aircraft.
  6. Where a person to whom custody of the aircraft, part, wreckage or contentis to be released refuses to take custody of it or fails to take custody within a reasonable period, the aircraft, part, wreckage or contents may be disposed of in such manner as the Chief Accident Investigator considers fit.
  7. The expenses incurred by the Chief Accident Investigator in disposing ofthe aircraft, parts, wreckage or contents shall be recoverable from the owner or operator of the aircraft, either jointly or severally.
  8. A person who contravenes subsection (1)(b) is guilty of an offence and is

liable on summary conviction to a fine of $50, 000 or to imprisonment for a term of 5 years or to both.

Procedure where aircraft is in water

32. Where the aircraft is wrecked in water, the aircraft or any contents

thereof may be removed to such extent as may be necessary for bringing the aircraft or its contents to a place of safety.

Inspection procedure relating to aviation accidents

33.(1)

The Accident Investigation Office shall send an investigator-in-

charge or investigation team to investigate any accident or serious incident; and the pilot-in-command of the aircraft and the owner or the operator, as the case may be, shall permit and facilitate the inspection.

  1. Where the Accident Investigation Office authorises an investigator-in-charge or an investigation team to investigate an accident pursuant to this Act, the investigator-in-charge and each investigator
    1. shall be given an instrument in writing which identifies each person; and
    2. shall be given all the available information on the accident or serious incident to be investigated.
  2. The investigator-in-charge and each investigator shall produce theidentification issued under subsection (2) as verification of their identity and authority in appropriate cases.
  3. The Chief Accident Investigator shall supervise and assist the investigatoror investigation team, and supply the investigator-in-charge or investigation team with the material required for a proper investigation.
  4. The investigator-in-charge shall put all reasonable measures in place toprotect evidence and to maintain safe custody of the aircraft and its contents for
    such period as may be necessary for the purposes of the investigation and for that purpose the investigator-in-charge
    1. shall have access to and take control of the scene, wreckage and all relevant material, including flight recorders and air traffic recordings and records;
    2. may require an immediate listing of evidence and removal of debris or components for examination or analysis;
    3. may enter and inspect any area, place, building or aircraft the entry or inspection of which appears to him to be necessary for the purposes of the investigation;
    4. may take possession of, examine, remove, test or take samples of photographs or videos or put measures in place for the preservation of any article or evidence he considers necessary for the purposes of the investigation;
    5. may remove, test, put measures in place for the preservation of or otherwise deal with any aircraft other than an aircraft involved in the accident or serious incident where it appears to him to be necessary for the purposes of the investigation;
    6. may require the readout of the flight recorders.
  5. In the execution of his functions, an investigator-in-charge or aninvestigator may
    1. call before him and interview or examine any person involved in or connected with the accident or serious incident as he thinks fit;
    2. require any person referred to in paragraph (a) to answer any question or furnish any information or produce any books, papers, documents or articles which he may consider relevant;
    3. take statements from such persons as he thinks fit and require any such person to make and sign a declaration of the truth of the statement made by him;
    4. require the production of aviation documents or other documents; and
    5. make copies of and retain any books, papers, documents or articles he considers relevant until the completion of the investigation.

Medical examinations

  1. For the purposes of an investigation into an accident or a seriousincident, an investigator-in-charge or an investigator may
    1. require the crew or aviation personnel involved in the accident or serious incident to undergo such tests, including a breathalyzer test, as he considers necessary for the purposes of the investigation;
    2. where appropriate, require the medical and toxicological examination of the crew, passengers or aviation personnel involved in the accident or serious incident by a medical practitioner, and if a medical practitioner experienced in the investigation of aircraft accidents is available, by that medical practitioner; and
    3. in the case of a fatal accident, may require a complete autopsy examination of fatally injured flight crew, and, when necessary, passengers or cabin crew by a pathologist, and if a pathologist experienced in the investigation of aircraft accidents is available, by that pathologist.
      Investigator-in-charge may seek technical assistance
  2. An investigator-in-charge may, with the approval of the Minister, seeksuch advice or technical assistance as he considers necessary for the purposes of the investigation, including requesting another contracting state to provide such information, facilities or experts as he may consider necessary for the purposes of the investigation.
    Conduct of search and rescue by investigator-in-charge
  3. An investigator-in-charge may, where the circumstances require it,

coordinate a search and rescue in relation to an accident or a serious incident.

On-board recordings

37.(1)

Where an investigator-in-charge has reasonable grounds to believe

that any person has possession, custody or control of an on-board recording that is relevant to an investigation, the investigator-in-charge may serve the person with a request in writing to produce the recording.

  1. A person who without lawful excuse fails to comply with a request inwriting served on him under subsection (1) is guilty of an offence and is liable on summary conviction to a fine of $50, 000 or to imprisonment for a term of 5 years or to both.
  2. An investigator-in-charge or an investigator shall not disclose the contentsof any on-board recording, except as
    1. required for the purposes of an investigation under this Part;
    2. the investigator-in-charge or the investigator thinks it is necessary in the interests of aviation safety;
    3. required by a coroner; or
    4. required by the order of a court.

(4)

in

The contents of an on-board recording shall not be admissible in evidence

  1. any disciplinary proceedings relating to the competence of the following employees to perform their functions:
    1. air traffic controllers;
    2. crew members;
    3. airport vehicle operators;
    4. flight service station specialists; or
    5. any person whose function is to relay messages concerning air traffic control or matters related to air traffic control; or
  2. any proceedings before a court or tribunal, unless it is determined by a court that such admission into evidence would outweigh any adverse domestic or international impact which such admission might have on
    1. the evidence given during disciplinary proceedings;
    2. proceedings before such court or tribunal; or
    3. any future investigation.

Protection of records

  1. When conducting the investigation of an accident or incident, unlessthe Attorney General determines that their disclosure or use outweighs the likely adverse domestic and international impact such action may have on that or any future investigations, the Accident Investigation Office shall not make the following records available for purposes other than accident or incident investigation:
    1. cockpit voice recordings, airborne image recordings whether installed, attached, or available for whatever purpose, and any transcripts from such recordings whether visual or aural; and
    2. records in the custody or control of the Accident Investigation Office, namely,
      1. all statements taken from persons by the Accident Investigation Office in the course of the investigation;
      2. all communications between persons who were involved in the operation of the aircraft;
      3. medical or private information regarding persons involved in the aircraft accident or incident;
      4. recordings and transcripts of recordings from air traffic control entities;
      5. air traffic control intra-facility communications;
      6. analysis of and opinions about information, including flight recorder information, made by the Accident Investigation Office and accredited representatives in relation to the accident or incident;
      7. information exchanged among states or institutions during investigations;
      8. information provided by stakeholders in the investigation, including industry proprietary information;
      9. information obtained using statutory powers of compulsion by the accident investigator; and
      10. the draft final report of an accident or incident investigation.

Third party participation in investigations

39.(1)

Where an investigation into an accident or a serious incident is to be

conducted,

  1. the state of registry;
  2. the state of the operator;
  3. the state of manufacture;
  4. the state of design; or
  5. a state which has, on request, provided information, facilities or experts to the investigator-in-charge in connection with the investigation,

is entitled to appoint an accredited representative to participate in the investigation and an adviser to assist the accredited representative.

  1. An accredited representative is entitled to participate in all aspects of aninvestigation and to(a)(b)(c)
    (d)(e)(f)(g)
    (h)
    (i)visit the scene of the accident or serious incident; examine the wreckage;obtain witness information and suggest areas for questioning witnesses;have full access to all relevant evidence, as soon as possible; receive copies of all pertinent documents;participate in readouts of recorded media;participate in off-scene investigative activities such as component examinations, technical briefings, tests and simulations;participate in investigation progress meetings, including deliberations related to analysis, findings, causes, contributing factors and safety recommendations; andmake submissions in respect of various aspects of the investigation.
  2. Notwithstanding subsection (2), the participation of the accreditedrepresentative of a state to which subsection (1)(e) refers may be limited to those matters in respect of which the state has, on request, provided information, facilities or experts to the investigator-in-charge.
  3. A state which has a special interest in an accident by virtue of fatalitiesor serious injuries to its citizens, shall be entitled to appoint an expert to participate in the investigation.
  4. An expert appointed under subsection (4) shall be entitled to
    1. visit the scene of the accident;
    2. have access to the relevant factual information which is approved for public release by the investigator-in-charge, and to information on the progress of the investigation; and
    3. receive a copy of the final report.
  5. An adviser assisting an accredited representative shall be entitled toparticipate in the investigation under the accredited representative’s supervision and to the extent necessary to make the accredited representative’s participation effective.
  6. The accredited representative, his adviser and the expert appointed undersubsection (4)
    1. shall provide the investigator-in-charge with all relevant information available to them; and
    2. shall not disclose any information on the progress and findings of the investigation without the express consent in writing of the investigator- in-charge.

Provision of further information by Chief Accident Investigator

40.(1)

Where the state of occurrence, the state of registry or the state of the

operator which is investigating an accident or a serious incident is a contracting state other than Barbados, the Chief Accident Investigator shall provide that contracting state with the following information:

  1. details regarding the aircraft and flight crew in the accident or serious incident; and
  2. details of any dangerous goods on-board the aircraft.
  1. Where the Chief Accident Investigator is not conducting the investigation,and the Minister appoints an accredited representative for Barbados in accordance with the Chicago Convention, the Chief Accident Investigator shall accordingly inform the contracting state of that fact.
  2. Where the accredited representative of Barbados is travelling to thecontracting state in which the investigation is being carried out, the Chief Accident Investigator shall inform the relevant person in that contracting state of
    that fact as well as the contact details and travel details of the accredited representative.
    Investigation reports41.(1)Where an investigation is carried out into an accident or a seriousincident involving
    1. an aircraft of a maximum certificated take-off mass of more than 2, 250 kilogrammes; or
    2. an aircraft of a maximum certificated take-off mass of 2, 250 kilogrammes or less where airworthiness or matters considered to be of interest to other contracting states are involved,

the Chief Accident Investigator shall, unless a final report has been sent within 30 days of the accident, send a preliminary report within that period to the parties specified in subsection (3).

  1. The investigator-in-charge shall submit to the Chief AccidentInvestigator, a written preliminary report in the approved form containing the following information:
    1. the full name, address and contact details of the person to whom the report relates, where relevant;
    2. the dates and times on which the investigation was done;
    3. a full statement of information gathered, including causes or contributing factors, recordings and the analysis of all relevant information on the accident or serious incident; and
    4. if appropriate, the issuance of safety recommendations.
  2. The report submitted to the Chief Accident Investigator under subsection
    1. shall be submitted to
      1. the Minister;
      2. the Civil Aviation Authority;
      3. the state of registry and the state of occurrence;
      4. the state of the operator;
      5. the state of design;
      6. the state of manufacture;
      7. any state that provided relevant information, significant facilities or experts; and
      8. the ICAO, where subsection (1)(a) applies.
  3. Where reports are sent under subsection (1), an invitation shall beextended to submit comments or concerns on the report.(5)heWhere a preliminary report is received by the Chief Accident Investigator,
    1. may, where that preliminary report is to be forwarded for the purposes of subsection (3), attach such additional information as may be required;
    2. shall, where necessary, make recommendations for further matters to be considered and for the preliminary report to be amended accordingly; and
    3. shall submit the preliminary report to the Minister where the report is satisfactory.
  1. The investigator-in-charge shall be given all the information collectedunder subsections (4) and (5)(b) and he shall issue a final report to the Chief Accident Investigator.
  2. The Chief Accident Investigator shall issue the final report received undersubsection (6) to
    1. the Minister;
    2. the Civil Aviation Authority;
    3. the state of registry;
      (d)(e)(f)(g)(h)
      (i)
      (j)the state of the operator; the state of design;the state of manufacture;any state that has suffered fatalities or serious injuries to its citizens;any contracting state that provided relevant information, significant facilities or experts for the purposes of the investigation;the ICAO, where the accident or serious incident involves an aircraft of a maximum certificated take-off mass of more than 5, 700 kilogrammes; andthe ICAO, where the accident or serious incident involves an aircraft of a maximum certificated take-off mass of 2, 250 kilogrammes or less if airworthiness matters or matters considered to be of interest to other states are involved.
  3. In the interest of accident and serious incident prevention, the AccidentInvestigation Office shall make a final report on its investigation available to the public as soon as possible in such form as he thinks fit, but in any case, not later than 12 months from the date of the accident or serious incident.
  4. The Chief Accident Investigator shall ensure that the identity of allpersons who gave information in the investigation proceedings is adequately protected for confidentiality reasons.
  5. Where the Chief Accident Investigator has not officially released thepreliminary report or final report to the public, no person shall circulate, publish or allow access to the reports or to any related document.
  6. A person who, contrary to subsection (10), circulates, publishes or allowsaccess to a preliminary report or final report without the consent of the Chief Accident Investigator is guilty of an offence and is liable on summary conviction to a fine of $10, 000.
    Barbados as third party42.(1)The Minister may appoint an accredited representative to participatein the investigation into an accident or a serious incident which occurs in a state other than Barbados, and appoint one or more advisers to assist the accredited representative in any of the following cases:
    1. where Barbados is the state of registry, state of the operator, state of manufacture or state of design of the aircraft involved in the accident or serious incident; or
    2. where Barbados has, at the request of the state, conducted the investigation and provided information, facilities or experts to the state in connection with the investigation.
  1. The Minister may appoint an expert to participate in the investigation intoan accident which occurs in another state, where Barbados has a special interest in the accident by virtue of fatalities or injuries to citizens of Barbados.
  2. The accredited representative may
    1. visit the scene of the accident;
    2. examine the wreckage;
    3. obtain witness information and suggest areas for questioning witnesses;
    4. have full access to all relevant evidence as soon as possible;
    5. receive copies of all pertinent documents;
    6. participate in readouts of recorded media;
    7. participate in off-scene investigative activities such as component examinations, technical briefings, tests and simulations;
    8. participate in investigation progress meetings, including deliberations related to analysis, findings, causes, contributing factors and safety recommendations; and
      1. make submissions in respect of various aspects of the investigation,unless the Chief Accident Investigator instructs otherwise.
  3. Barbados may seek to recover from the owner or operator of the aircraft,

jointly or severally, any expenses incurred by the accredited representative and the adviser, by reason of their participation in an investigation under subsection

  1. or by reason of anything done during or incidental to the investigation by them.
    Safety recommendations43.(1)At any stage of the investigation of an accident or a serious incident,the Accident Investigation Office shall, after consultation with the Minister and the Civil Aviation Authority, recommend in a dated transmittal correspondence to the appropriate authorities, including those in other states, any preventative action that it considers necessary to be taken promptly to enhance aviation safety.
  2. Where the safety recommendations are addressed to an organization inanother state, the recommendations shall also be transmitted to the authorities with responsibility in that state for the investigation of air accidents.
  3. A safety recommendation shall in no case address liability for an accidentby any party to the investigation.
  4. The Accident Investigation Office shall address, when appropriate, anysafety recommendations arising out of its investigations in a dated transmittal correspondence to the accident investigation authorities of any other state concerned and to ICAO if the Chicago Convention requires it.
  5. An organization or authority in Barbados to which a safetyrecommendation is communicated shall, without delay
    1. take the safety recommendation into consideration and, where appropriate, act upon it; and
    2. send the Chief Accident Investigator the following:
      1. full details of the measures, if any, it has put in place or proposes to put in place to implement the recommendation without delay and, where it proposes to implement measures, the timetable for securing that implementation;
      2. a full explanation as to why the recommendation is not to be the subject of measures to be put in place to implement it; and
      3. give notice in writing to the Chief Accident Investigator where at any time information provided to him, pursuant to subparagraph (i), concerning the measures it proposes to put in place or the timetable for securing their implementation, is rendered inaccurate by any change of circumstances.

Duty after investigation

44.(1)

The Civil Aviation Authority shall take any necessary corrective

action, after consultation with the Minister, arising from the findings of the official reports that are recommended to prevent similar accidents in the future.

  1. Where new and significant evidence becomes available after theinvestigation has been closed, the Chief Accident Investigator shall, in writing, notify the Minister of that fact and reopen the investigation into that accident or serious incident.
  2. Where an investigation is reopened, the required reports shall be

submitted in accordance with this Part.

Cooperation between the Accident Investigation Office and the Authority

45.(1)

The Authority shall, without delay, forward to the Accident

Investigation Office any information it receives that would be of assistance to that Office in the investigation of an accident or a serious incident.

(2) The Accident Investigation Office shall submit to the Authority any

information obtained during the course of an investigation which would impact on the operational procedures of the Authority.

Operational guidelines and manuals

  1. The Chief Accident Investigator may establish operational guidelinesand manuals in relation to the services provided by the Accident Investigation Office.
    PART V GENERALSearch and rescue operations47.(1)Where an aircraft is in distress or is involved in an accident or a seriousincident within Barbados, the Minister shall
    1. cause a search and rescue operation to be conducted with respect to the aircraft; and
    2. permit the owner of the aircraft or the relevant authorities of the state in which the aircraft is registered to provide such measures of assistance as may be necessitated by the circumstances of the distress, accident or serious accident.

(2) Subject to subsection (1), the Minister may utilize the services of the

Barbados Police Service, the Barbados Defence Force, the Barbados Fire Service or any person who the Minister considers necessary to conduct, co-ordinate, participate in or assist with the search and rescue operation.

Appeal to Civil Aviation Tribunal

48.(1)

A person who is aggrieved by any decision made under this Act, may

appeal to the Civil Aviation Tribunal for redress within 14 days of the date of the decision.

  1. No appeal lies to the Civil Aviation Tribunal in respect of any matterrelated to the investigation of accidents or incidents.
  2. The provisions of Part XIV of the Civil Aviation Act, 2022 (Act 2022- ),shall apply to appeals under this Act.
    Confidentiality49.(1)No staff member or agent of the Air Navigation Services Office or theAccident Investigation Office shall
    1. use, either directly or indirectly, any confidential information obtained as a result of his relationship with those Offices for his own benefit or advantage; or
    2. disclose confidential information obtained as a result of his relationship with those Offices to any person other than to
      1. an authorized official of the state; or
      2. a duly authorized representative of the government of another country in connection with the enforcement of this Act or any other law of Barbados.
  1. A person who receives confidential information from a person specifiedin subsection (1) is subject to the provisions of this section as if he were a person specified in subsection (1).
  2. A person who contravenes this section is guilty of an offence and is liable

on summary conviction to a fine of $50, 000 or to imprisonment for 5 years or to both.

Protection of officers and agents

50. No action or other proceedings for damages shall be instituted against

a staff member of the Air Navigation Services Office or the Accident Investigation Office or an agent of those Offices in the discharge or purported discharge of his respective functions under this Act, unless it is shown that the act or commission was done in bad faith.

Procedure relating to funds collected under Act

51.

Fund.

Expenses 52.

The sums collected under this Act shall be paid into the Consolidated

The expenses incurred under this Act in respect of the administration

of this Act shall be paid out of such moneys as may be voted for that purpose by Parliament.

Regulations

53.(1)

(a)

(b)

(c)

(d)

(e)

The Minister may make regulations

to provide for the regulation of air traffic control in the airspace of Barbados having regard to the Chicago Convention;

in relation to the certification of air traffic control personnel having regard to the Chicago Convention;

to provide for the regulation of aviation training institutions having regard to the Chicago Convention;

in relation to the conduct of accident and serious incident investigations having regard to the Chicago Convention;

to provide for the payment of fees in relation to any service provided under this Act;

  1. to provide for anything that is required to be prescribed under this Act; and
  2. generally for the purpose of giving effect to this Act.

(2) Regulations made under subsection (1) are subject to negative

resolution.

Forms

54.

All forms required for the purposes of this Act shall be provided by

the Minister.

Savings re authorizations issued under former Act and grace period re new authorizations

55.(1)

Any licence, permit, certificate, accreditation or other authorization

issued under the former Act in respect of air navigation or aviation accident investigation shall continue in force until it expires or is revoked.

(2) Where before the commencement of this Act, no licence, permit,

certificate, accreditation or other authorization was required to operate under the former Act, no person or operator shall be required to obtain a licence, permit, certificate, accreditation or other authorization to operate under this Act for a period of 6 months.

Application of regulations made under former Act

  1. All statutory instruments relating to air navigation or aviation accidentinvestigation made under the former Act shall continue in force until amended or revoked and shall have effect to the extent that they are not inconsistent with this Act.
    Commencement
  2. This Act shall come into operation on a date to be fixed byProclamation.
    Read three times and passed the House of Assembly this day of , 2022.
    Speaker
    Read three times and passed the Senate this day of, 2022.
    President
    PARLIAMENT
    FIRST SESSION OF 2022-2027
    BILL
    cited as the Civil Aviation (Air Navigation Services and Investigation of Accidents) Act, 2022

    Government Printing Department
    31st October, 2022
    S.I. 2022 No. 93
    Highways Act CAP. 289HIGHWAYS (ABANDONMENT) NOTICE, 2022
    The Minister, in exercise of the powers conferred on him by section 11 of the Highways Act, gives the following Notice:
    1.2022.This Notice may be cited as the Highways (Abandonment) Notice,
    1. The road described in the Schedule to this Notice is to be abandoned.
    2. The rights of the public in respect of the public road, referred to in theSchedule, are to be abandoned as this road is to be used to facilitate a future tourism development project under the Barbados Tourism Investment Inc.
    3. The public may object to the matter contained in this Notice, and any

such objection shall contain the grounds of objection and shall reach the Minister not later than the 4th day of November, 2022.

S.I. 2022 No. 93

SCHEDULE

Road to be abandoned

(Paragraph 2)

ALL THAT land situate at Six Men’s in the parish of Saint Peter containing approximately 1100 square metres or thereabouts, abutting and bounding to the north on a public road to the west on lands of now or formerly Corsair Cove SRL to the south on a public road to the south on lands of the Barbados Government and to the east on lands now or formerly Corsair Cove SRL or now or formerly S.P. Musson Son & Co Ltd to the east lands of the Barbados Government to the east on a public road or however else the same may abut and bound.

Given by the Minister this 28th day of October, 2022.

S. BRADSHAW

Minister responsible for Transport and Works

Ad Submission

Service Request

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