CIVIL AVIATION ACT

ARRANGEMENT OF SECTIONS

PART I
Introductory

   1   Short title

   2   Interpretation

 

PART II
Regulation of Civil Aviation

   3   Power to give effect to the Chicago Convention and to regulate air navigation

   4   Dangerous flying

 

PART IIA
Aviation Occurrence Investigations

   5   Investigation of accidents

      Application

   5B   Establishment of board of inquiry

   5C   Investigator-in-charge

   5D   Investigators and accredited representatives

   5E   Remuneration of Investigator-in-charge, etc

   5F   Protection of evidence

   5G   Use of on-board recordings

   5H   Investigator-in-charge, etc not to be called as witness in proceedings

   5I   Offences

   5J   Regulations

 

PART IIB
Jamaica Civil Aviation Authority

   6   Establishment of the Air Transport Licensing Board

      Functions of Authority

   6B   Minister's directions in national interest, etc

   6C   Appointment of Director- General of Civil Aviation and other officers and employees

   6D   Funds and resources of the Authority

   6E   Borrowing powers

   6F   Advances and grants to Authority, and guarantee of repayment of sums borrowed

   6G   Repayment of, and interest on, advances and sums issued to meet guarantees

   6H   Reserve fund

   6I   General financial duties

   6J   Accounts and audit

   6K   Annual report and estimates

   6L   Exemption from customs duty, etc

   6M   Exemption from income tax, stamp duties and transfer tax

   7   Functions of the Board

   8   Licensing of air transport undertakings

   9   Information as to air transport undertakings

      Powers of inspection

   9B   Right of access to aerodrome and other place

 

PART III
Aerodromes and other Lands

   10   Power of Minister to provide aerodromes

   11   Power to control land

   12   Obstructions near aerodromes

      Power to neutralise airstrips and potential airstrips

   13   Power to stop up and divert highways

   14   Trespassing on aerodromes

 

PART IV
Liability for Damage, etc Caused by Aircraft

   15   Liability in respect of nuisance. trespass and surface damage from aircraft

   16   Nuisance caused by noise and vibration on aerodromes

 

PART V
Security of Aircraft, Airports and Air Navigation Installations Against Acts of Violence and Unlawful Interference

      Interpretation of Part V

   16B   Application of Part V

   16C   Declaration of restricted areas

   16D   Boarding aircraft with firearm, explosive, etc

   16E   Search of persons, baggage, etc

 

PART VI
Miscellaneous

   17   Application to aircraft of law of wreck and salvage

   18   Exemption of aircraft, etc from seizure on patent claims

 

PART VII
General

   19   Application of Act to the State

      Offences

   20   Offences

      Provisions for discharge of liability

   20B   Amendment of penalties

   21   Detention of aircraft

   22   Notices

   23   Documentary evidence

   24   Delegation of functions

   25   Establishment of Appeal Tribunal

      SCHEDULES

 

THE CIVIL AVIATION ACT

[Date of Commencement: 1st June, 1966]

<IN:LF:0,RT:1.64514,FI:0>Acts
19 of 1966,
36 of 1974,
4 of 1984,
17 of 1984,
37 of 1995,
18 of 2004.

PART I
Introductory (sections 1-2)

1   Short title

<IN:LF:0,RT:1.64514,FI:0>   This Act may be cited as the Civil Aviation Act.

2   Interpretation

<IN:LF:0,RT:1.64514,FI:0>   (1) In this Act-

   "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;

   "aircraft" means any 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, and includes a rocket;

[18/2004 s 2(b).]

   "airstrip" means any place, other than a licensed aerodrome, used for the landing or take-off of aircraft;

[17/1984 s 2.]

   "air transport service" means a service for the carriage by air of passengers, mails or other freight;

   "Authority" means the Jamaica Civil Aviation Authority established under section 6;

[37/1995 s 2(b); 18/2004 s 2(a).]

   "aviation document" means any licence, certificate or other document issued under or pursuant to this Act in respect of any person, undertaking or thing;

[18/2004 s 2(b).]

   "Board" ...

[Deleted by Act 37 of 1995 s 2(b).]

   "Chairman" means the Chairman of the Authority;

[37/1995 s 2(b).]

   "Chicago Convention" means the Convention on International Civil Aviation concluded at Chicago on the seventh day of December, 1944, and to which Jamaica has adhered by notification dated the 26th day of March, 1963;

   "Director-General" means the Director General of Civil Aviation appointed pursuant to section 6c (1);

[37/1995 s 2(b).]

   "foreign aircraft" means an aircraft other than a Jamaican aircraft;

   "functions" includes powers and duties;

[37/1995 s 2(b).]

   "Inspector" means a person appointed by the Director-General as an Inspector for the purposes of this Act;

[18/2004 s 2(b).]

   "Jamaican aircraft" means an aircraft registered in Jamaica pursuant to regulations made under section 3;

   "land" includes any estate or interest in land or an easement;

   "local authority" means the Kingston and Saint Andrew Corporation or any Parish Council or the National Water Commission;

   "member" means a member of the Authority;

[37/1995 s 2(b).]

   "owner" in relation to land means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land whether in possession or in reversion, and includes a person holding or entitled to the rents and profits under a lease or agreement, the unexpired term whereof exceeds three years;

   "purposes of civil aviation" includes all purposes connected with air navigation except purposes of defence;

   "state aircraft" means aircraft used exclusively for military, customs or police services;

   "Secretary" means the Secretary of the Authority;

[37/1995 s 2(b).]

   "Tribunal" means the Civil Aviation Appeal Tribunal established under section 25.

[18/2004 s 2(b).]

   (2) Any power conferred by this Act shall be in addition to and not in derogation of any other power so conferred.

PART II
Regulation of Civil Aviation (sections 3-4)

3   Power to give effect to the Chicago Convention and to regulate air navigation

   (1) The Minister may by regulations make such provision as appears to him to be necessary or expedient-

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