ACT ii

Supplement to the Sierra Leone Extraordinary Gazette Vol. CXLX, No. 64

dated 29th August, 2019 10. Committees of Board.
11. Functions of Board.
ARRANGEMENT OF SECTIONS 12. Remuneration of members.

THE CIVIL AVIATION ACT, 2019 13. Filling of vacancies.

ARRANGEMENT OF SECTIONS
PART III- OBJECTS, FUNCTIONS AND POWERS OF SIERRA LEONE CIVIL
PART I– PRELIMINARY
AVIATION AUTHORITY
Section.
1. Definition.
14. Object of Authority.
Section.
15. Functions of Authority.
16. Power of Authority.
PART 1 - PRELIMINARY
17. Powers of Director-General.
1. Interpretation.
18. Power to obtain information.
2. Application.
19. Power to issue compliance orders.
20. Emergency orders.
PART II - CONTINUATION OF SIERRA LEONE CIVIL AVIATION AUTHORITY
21. Power to grant exemptions.
3. Continuation of Authority.

4. Board of Authority.
PART IV - ADMINISTRATIVE PROVISIONS
5. Tenure of members.
22. Appointment of Director- General.
6. Meetings of Board.
23. Functions of Director- General.
7. Disclosure of interest.
24. Power to delegate.
8. Immunity of members of Board.
25. Public interest.
9. Secretary to the Board.
26. Other staff of Authority.
 No. 7 The Civil Aviation Act iii
2019 iv
No. 7 The Civil Aviation Act 2019

27. Secondment of public officers. PART VII - NATIONALITY AND AIRCRAFT OWNERSHIP

28. Protection of officers and staff. 43. Aircraft registration.

29. Indemnity of officers. 44. Recording of interest in aircraft.
30. Limitation of action against Authority. 45. Records of births and deaths in aircraft.

31. Cooperation with other agencies. 46. Exemption from seizure of aircraft on patent claim.
47. Patent claims against aircraft not protected under the Chicago Convention.
PART V - FINANCIAL PROVISIONS 47. Detention of aircraft.

32. Funds of Authority.

33. Investments of funds of Authority. PART VIII - SAFETY REGULATION OF CIVIL AVIATION
34. Estimates of income and expenditure of Authority. 49. General safety powers and duties.

35. Accounts and audit of Authority. 50. State safety Programme of aircraft.
36. Financial year of Authority. 51. Power to prevent flight.
37. Annual report. 52. Right of access.
38. Internal audit. 53. Safety assessment for foreign air operators.
54. Airmen licence or certificates.
PART VI - AIRSPACE CONTROL AND FACILITIES 55. Airworthiness certificate.
39. Use of airspace. 56. Air operator certificate.
40. Regulation of air traffic. 57. Licensing of pilots, crew, etc.
41. Authority to enter into cooperative aviation safety agreements. 58. Approved maintenance and training organisations.
42. Bilateral exchange of safety oversight responsibilities. 59. Forms of application.
60. Airports and air navigation facilities safety standards.
61. Limitation on construction of refuse disposal safety.
62. Duties of air operators and airmen.
 v vi

63. Inspection of aircraft. 82. Privilege.

64. Amendment, modification, suspension and revocation of certificate. 83. Report of investigation.
65. Prohibitions. 84. Publication of report
66. Training school. 85. Safety recommendations.
67. Safety Standards Inspectorates. 86. Re-opening.
68. Validation. 87. Offence.
69. Right of access for inspection. 88. Public inquiry.
70. Documents to be carried on board aircraft.
71. Authority to monitor and enforce compliance with safe transport of PART X -ECONOMIC REGULATIONS
dangerous goods by air regulations. 89. Air - transport licences.
72. Certification of aircraft maintenance organisations. 90. Aerial work permit.
73. Certification of aviation training organisations. 91. Air routes and air-ways.
92. Terms and conditions of licence.
93. Foreign air operators to be licensed.
PART IX- AIRCRAFT ACCIDENTS AND INCIDENTS INVESTIGATIONS 94. Power of Authority to modify, suspend or revoke a licence.
74. Aircraft accidents and incidents. 95. Charges.
75. Establishment of Directorate of Accident Investigation. 96. Application of Montreal Convention on Unification of Rules.
76. Accident Investigators. 97. Valid Insurance Document.
77. Funds of the Directorate.
78. Functions of Director of Accident Investigation. PART XI - ESTABLISHMENT AND MANAGEMENT OF AERODROMES
79. Powers of investigation. 98. Establishment of aerodromes.
80. Duty to avoid conflict of interest. 99. Private aerodromes.
81. Preservation of Evidence. 100. Public use of aerodromes.
 No. 7 The Civil Aviation Act vii
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No. 7 The Civil Aviation Act 2019

101. Environmental factors to be, considered in establishing aerodromes. 118. Interference with crew members, etc.
102. Power to certify aerodromes. 119. Other civil aircraft offences.
103. Customs, immigration and health services. 120. Weapon and explosive violations.
104. Obstructions near aerodromes. 121. Interference with safe operation of aircraft.
105. Trespass on aerodrome. 122. Unlawful interference with civil aviation.
106. Restriction on use of adjacent land. 123. False information.

124. Removing, concealing or withholding part of aircraft involved in

PART XII -AVIATION SECURITY. accident.
107. Aviation security policies. 125. Dangerous goods.
108. Aviation security policies. 126. Prosecution by Attorney- General.
109. National Civil Aviation Security Programme. 127. Procedure for civil penalties.
110. Power to search.
111. Establishment of Advanced Passenger Information System. PART XV - MISCELLANEOUS PROVISIONS
128. Repeals.
PART XIII - AVIATION SECURITY OVERSIGHT 129. Savings.
112. Aviation Security Oversight Unit. 130. Regulations.
113. National Civil Aviation Security Programme.

PART XIV - OFFENCES AND PENALTIES

114. Offences.
115. Civil penalties.
116. General criminal penalties.
117. Hijacking.
SIGNED this 29th day of August, 2019.

DR. JULIUS MAADA BIO,

President.

LS

No. 7 2019

Sierra Leone

THE CIVILAVIATION ACT, 2019 Short title.

Being an Act to provide for the repeal and replacement of the

Civil Aviation Act, 2017 for an effective aviation safety and security
oversight system; to address the requirements of the Chicago
Convention on International Civil Aviation ( 1944 ) and to provide
for other related matters.

Date of com-
[ ] mencement.

ENACTED by the President and Members of Parliament in this

present Parliament assembled.
2 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 3

PART I – PRELIMINARY engine, its cowlings or accessories; or

for damage limited to propellers, wing
Interpretation. 1. In this Act, unless the context otherwise requires- tips, antennae, probes, vanes, landing
gear, doors, windscreens, tyres, brakes,
"accident" means an occurrence associated with the fairings, small dents or puncture holes
operation of an aircraft which takes place between in the aircraft skin, main rotor blades,
the time any person boards the aircraft with the tail rotor blades, and those resulting
intention of flight until such time as all such persons from hail or bird strike (including holes
have disembarked, in which - in the radome) or puncture holes in the
aircraft skin;
(a) a person is fatally or seriously injured as a
result of- (c) the aircraft is missing or is completely
inaccessible; or
(i) being in the aircraft,
(d) in the case of an unmanned aircraft, takes
(ii) direct contact with any part of the place between the time the aircraft is ready
aircraft, including parts which have to move with the purpose of flight until such
become detached from the aircraft; or time as it comes to rest at the end of the
flight and the primary propulsion system is
(iii) direct exposure to jet blast except when shut down;
the injuries are from natural causes, self-
inflicted or inflicted by other persons,
"act of unlawful interference" means an act or
or when the injuries are to stowaways
attempted act to jeopardize the safety of civil aviation
hiding outside the areas normally
and including -
available to the passengers and crew;
or
(a) unlawful seizure of an aircraft;
(b) the aircraft sustains damage or structural
(b) destruction of an aircraft in service;
failure which -
(c) hostage-taking on board an aircraft or an
(i) adversely affects the structural aerodrome;
strength, performance or flight
characteristics of the aircraft; and (d) use of an aircraft for the purpose of
causing death, serious bodily injury or
(ii) would normally require major repair or serious damage to property or the
replacement of the affected component, environment;
except for engine failure or damage,
when the damage is limited to the
4 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 5

(e) forcible intrusion on board an aircraft, at an "aircraft engine" means any engine used, or intended
airport or on the premises of an aeronautical to be used, for propulsion of aircraft and includes all
facility; parts, appurtenances, and accessories thereof other
than propellers;
(f) introduction on board an aircraft or at an
airport of a weapon or hazardous device o "aircraft piracy" means any actual or attempted seizure
material intended for criminal purposes; or exercise of control, by force or violence, or by any
other form of intimidation, with wrongful intent, of
(g) communication of false information such as an aircraft;
to jeopardize the safety of an aircraft in flight
or on the ground, of passengers, crew, ground "aircraft security check" means an inspection of the
personnel or the general public, at an airport interior of an aircraft to which passengers may have
or on the premises of an aeronautical facility; had access and an inspection of the hold for the
purposes of discovering suspicious objects,
"aerial work" means an aircraft operation in which an weapons, explosives or other dangerous devices,
aircraft is used for specialised services including articles and substances;
agriculture, construction, photography, surveying,
observation and patrol, search and rescue, aerial and "aircraft security search" means a thorough inspection
advertisement; of the interior and exterior of the aircraft for the
purpose of discovering suspicious objects, weapons,
"aerodrome" or "airport" means a defined area on land explosives or other dangerous devices, articles or
or water (including any buildings, installations and substances;
equipment) intended to be used either wholly or in
part for the arrival, departure and surface movement "airman" means any individual -
of aircrafts;
(a) who engages, as the person in command or
"Aeronautical Information Circular" means an as pilot, mechanic, or member of the crew, or
Aeronautical Information Circular including who navigates an aircraft while the aircraft is
amendment published by the Aeronautical underway;
Information Publications; (b) in charge of the inspection, maintenance,
overhauling, or repair of aircraft, and any
"aircraft" means any machine that can derive support individual in charge of the inspection,
in the atmosphere from the reactions of the air other maintenance, overhauling, or repair of
than the reactions of the air against the earth's surface aircraft, aircraft engines, propellers, or
and the term "aircraft," when used in this Act or in appliances; or
Regulations issued under this Act, refers to civil
aircraft only and shall not include state or public (c) who serves in the capacity of flight
aircraft; operations officer;
6 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 7

"air navigation facility" means any facility used in, "Authority" means the Sierra Leone Civil Aviation
available for use in, or designed for use in aid of air Authority continued in existence by section 3;
navigation, including airports, landing areas, lights, "Board" means the Board of Directors of the Authority
any apparatus or equipment for disseminating established by section 4;
weather information, for any other mechanism
installed in or attached to aircraft during flight), and "cargo" means any property carried on an aircraft, other
which are not part of an aircraft, aircraft engine, or than mail, stores and accompanied or mishandled
propeller; baggage;

"airside" means the movement area of an airport, "Chairman" means the Chairman of the Board;
adjacent terrain and buildings or portions thereof,
access to which is controlled; "Chicago Convention" means the Convention on
International Civil Aviation concluded in Chicago,
"approved maintenance organization" means an U.S.A. on the 7th December in 1944, andcame into
organization approved by a Contracting State, in effect in 1947. The Articles which govern the actions
accordance with the requirements of Part I of Chapter of the contracting States in matters of international
8 - Aeroplane Maintenance of Annex 6 of the civil aviation safety directly and through the Annexes
Chicago Convention, to perform maintenance of to the Convention, which set forth International Civil
aircraft or parts thereof and operating under Aviation Organisation Standards and Recommended
supervision approved by that State; Practices;

"Approved Training Organisation" means an "citizen of Sierra Leone" means -

organization approved by and operating under the
supervision of a contracting state in accordance with (a) an individual who is a citizen of Sierra Leone;
the requirements of annex 1 to perform approved
training; (b) a partnership of which each member is a
citizen of Sierra Leone; or
"Attorney-General" means the Attorney General and
Minister of Justice; (c) a corporation or association registered under
the laws of Sierra Leone;
"authorised officer or person" means a person
authorised by the Authority either generally or in
relation to a particular case, or the holder for the time "civil aircraft" means an aircraft, other than a State or
being of any office designated as such by the public aircraft;
Authority;
"civil aviation" means the operation of a civil aircraft
for the purpose of general aviation operations, aerial
work or commercial air transport operations;
8 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 9

"commercial air transport operation" means an aircraft arrangement, to engage in commercial air transport
operation involving the transport of passengers, operations within borders or airspace of Sierra Leone,
cargo or mail for remuneration or hire; whether on a scheduled or charter basis;

"Contracting State" means a Contracting State to the "general aviation operation" means an aircraft
Chicago Convention; operation of a civil aircraft for other than a commercial
air transport operation or aerial work operation;
"court" means a court of competent jurisdiction;
"Government" means the Government of Sierra Leone;
"crew member" means a person assigned to perform "ground handling agent" means an independent
duties on an aircraft during flight time; contractor which provides services for an aircraft
that has landed at an airport;
"dangerous goods" mean articles or substances which
are capable of posing significant risks to health, "ground handling charges" means charges paid by
safety or property when transported by air; the aircraft operator to a ground handling agent for
servicing the aircraft on the ground;
"Director" means Director of Accident Investigation
appointed under this Act; "ground handling concession" means the portion of
ground handling charges paid to the Airports
"Directorate" means the Directorate of Accident Authority by a ground handling agent;
Investigation;
"International Civil Aviation Organization (ICAO)"
"Director-General" means the Director-General of the means the International Civil Aviation Organization
Civil Aviation Authority appointed under this Act; established by the Chicago Convention, as a
"domestic commercial air transport" means the carriage specialised agency of the United Nations charged
by aircraft of persons or property for remuneration with coordinating and regulating international air
or hire or the carriage of mail within Sierra Leone; transport;

"drone" means an unmanned or remotely piloted "incident" means an occurrence, other than an
aircraft; accident, associated with the operation of an aircraft
which affects or could affect the safety of operation;
"flight crew member" means a licensed crew member "international commercial air transport" means the
charged with duties essential to the operation of an carriage by aircraft of persons or property for
aircraft during flight time; remuneration or hire or the carriage of mail between
any two or more countries;
"foreign air operator" means any operator, not being a
Sierra Leone air operator, which undertakes, whether "Minister" means the Minister responsible for Civil
directly or indirectly or by lease or any other Aviation; and "Ministry" shall be construed
accordingly;
10 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 11

"navigable airspace" means the airspace above the "public aircraft" means an aircraft used exclusively in
minimum altitudes of flight prescribed by regulations the service of any government or of any political
under this Act and includes airspace needed to jurisdiction thereof, including the Government of
ensure safety in the take-off and landing of aircraft; Sierra Leone but not including any government
owned aircraft engaged in operations which meet
"navigation of aircraft" means a function which the definition of commercial air transport operations;
includes the piloting of aircraft;
"safety management system" means a systematic
"occurrence" means an incident involving an aircraft approach to managing safety, including the
as a result of which - necessary organisational structures,
accountability, responsibilities, policies and
(a) a property is damaged or destroyed; procedures;

(b) the safety of person or property is threatened "screening" means the application of technical or other
and includes an accident; means which are intended to detect weapons,
explosives or other dangerous devices which may
be used to commit an act of unlawful interference;
"operator" means a person, organization or
enterprise engaged in or offering to engage
"security" means safeguarding civil aviation against
in aircraft or aerodrome operation;
acts of unlawful interference by a combination of
measures and human and material resources;
"owner" in relation to an aircraft or airport, means the
person in whose name the aircraft or airport is "security programme" means measures adopted to
registered or to whom the aircraft or airport has been safeguard international civil aviation against acts of
demised, leased or hired for a period exceeding unlawful interference;
fourteen days;
"Sierra Leone Airports Authority" means the Sierra
"person" means any individual, firm, partnership, Leone Airports Authority established by the Sierra
corporation, company, association, joint stock Leone Airports Authority Act, 1988 (Act No. 8 of
association or other incorporated body of persons, 1988)
and includes any trustee, receiver, assignee, or other
similar representative of these entities; "spare parts" means any parts, appurtenances, and
accessories of aircraft (other than aircraft
"propeller" means all parts, appurtenances, and engine and propeller), of aircraft engine ( o t h e r
accessories of a propeller; than propeller), of a propeller, and of appliance,
maintained for installation or use in an aircraft, aircraft
engine, propeller, or appliance, but which at the time
are not installed therein or attached thereto;
12 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 13

"validation" means the written acceptance of an action (e) to holders of licenses and certificates when
exercising the privileges associated therewith
of the civil aviation authority of another country in
outside Sierra Leone.
lieu of an action that this Act assigns to the Director-
General, confirming through examination and PART II - CONTINUATION OF SIERRA LEONE CIVIL AVIATION
provision of objective evidence that the particular AUTHORITY
requirements for a specific intended use are fulfilled.
3. (1) Subject to this Act, there is hereby continued in Continuation
of Authority.
existence, the body which immediately before the commencement
Application. 2. This Act and any regulations made under it apply, except of this Act, was known as the Sierra Leone Civil Aviation Authority.
where expressly excluded under this Act or regulations -
(2) The Authority shall be a body corporate having
perpetual succession and capable of acquiring, holding and
(a) in or over any part of Sierra Leone;
disposing of property, whether movable or immovable, and of suing
and being sued in its corporate name and, subject to this Act, of
(b) to citizens of Sierra Leone; performing all such acts as bodies corporate may by law perform.

(3) The Authority shall have a common seal, the use of

(c) to, and to persons on, aircraft registered in
which shall be authenticated by the signatures of-
Sierra Leone or operated by a Sierra Leonean
air operator or aircraft operated by an ai (a) the Chairman or other member of the Board
operator who has his principal place of authorised either generally or specially by
the Board in that behalf; and
business or permanent residence in Sierra
Leone, wherever they may be;
(b) the Director-General or some other person
authorised by the Board in that behalf.
(d) to, and to persons on an aircraft, for the time
being in or over Sierra Leone; and 4. (1) The governing body of the Authority shall be a Board Board of
inwhich shall be vested, subject to this Act, the control and Authority.
supervision of the Authority.

(2) The Board shall consist of a Chairman and the

following other members -

(a) the Permanent Secretary, Ministry of

Transport and Aviation;
14 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 15

(b) the Director-General, Ministry of Foreign (e) if he fails to attend three consecutive
Affairs; meetings of the Board without reasonable
cause;
(c) the Solicitor-General;
(f) if he resigns his office by written notice to
(d) 4 persons with cognate experience in the Minister.
aviation, at least one of whom shall be a 6. (1) The Board shall meet for the dispatch of its business Meetings of
woman, appointed by the President subject at least once every month at the offices of the Authority and at such Board.
to the approval of Parliament; and time as the Chairman may determine.

(e) the Director-General. (2) The Chairman shall preside at every meeting of the
Board, and in his absence, the members present shall appoint a member
(3) The Chairman and other members referred to in from among themselves to preside at that meeting.
paragraph (d) of subsection (2) of section 4, shall be appointed by
the President on the recommendation of the Minister subject to the (3) A minimum of 5 members of the Board may, by notice
approval of Parliament, but no person shall be appointed Chairman, in writing signed by them, request the Chairman to summon a special
if he has any financial interest, whether directly or indirectly, in any meeting of the Board for such purposes as may be stated in the
business or undertaking in civil aviation. notice.

Tenure of 5. (1) The Chairman and other members appointed under (4) The Chairman or, in his absence, the member
members.
paragraph (d) of subsection 2 of section 4 shall hold office for a appointed to act in his behalf shall summon a special meeting within
period of 3 years and shall be eligible for re-appointment once only. 5 days of his receipt of the notice referred to in subsection (3).

(2) A person shall cease to be a member of the Board on (5) The quorum at any meeting of the Board shall be 5.
any of the following grounds-
(6) The Chairman or other person presiding shall have a
(a) inability to perform the functions of his office casting vote where there is an equality of votes.
by reason of infirmity of mind or body;
(7) Any proposal circulated among all members and
(b) for proven misconduct; agreed to in writing by a two-thirds majority of all members shall be of
the same force or effect as a decision made at a duly constituted
(c) if he becomes bankrupt or insolvent; meeting of the Board and shall be incorporated in the minutes of the
next succeeding meeting of the Board:
(d) if he is convicted and sentenced for an
Provided that, if a member requires that such proposal be placed
offence involving fraud or dishonesty; before a meeting of the Board, this subsection shall not apply to
such proposal.
16 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 17

(8) The Board may co-opt any person to attend and (b) keeping the official seal and records of all
participate in its deliberations on any matter but such person shall decisions of the Board;
not vote on any issue for the decision by the Board.
(c) the performance of such other functions as
(9) T he Board shall cause minutes of all its meetings to be the Board or the Director-General, may from
taken and signed by the Chairman and kept in proper form. time to time assign to him.

(10) Subject to this Act, the Board shall regulate its own
(3) The Secretary shall, unless under exceptional
procedure.
circumstances in which the Board otherwise directs, in writing, attend
Disclosure
all meetings of the Board, but shall not have a right to vote on any
7. (1) A member of the Board who has any interest, whether
of interest. matter before the Board.
direct or indirect in any matter being considered or to be considered
by the Board, shall disclose the nature of his interest to the Board Committees
10. (1) The Board may, for the discharge of its functions,
and the disclosure shall be recorded in the minutes of the Board and of Board.
appoint one or more committees to perform such functions as the
such member shall not take part in any deliberation or decision of
Board may determine.
the Board relating to that matter.
(2) A committee shall consist of members of the Board
(2) A member of the Board who contravenes subsection
or non-members or both as the Board may decide.
(1) shall be guilty of misconduct and shall be liable to be removed
from the Board.
(3) Without prejudice to the generality of subsection (1),
Immunity of
the Board shall appoint an audit committee consisting of such
8. (1) No action or other proceedings shall lie or be instituted members of the Board, excluding the Director-General, and performing
members of
Board. against any member of the Board or member of a committee of the such functions as the Board may determine.
Board for or in respect of any act or thing done or omitted to be
done in good faith in the exercise of his functions under this Act. (4) A committee shall submit a report of its proceedings
to the Board at such time as the Board may determine.
(2) A member of the Board shall not be personally liable
Secretary to for any debt or obligation of the Authority.
the Board. 11. (1) Subject to this Act, the Board shall have the control Functions
of Board.
and supervision of the Authority, including overseeing the sound
9. (1) The Board on the recommendation of the Director- and proper financial management of the Authority.
General shall designate an employee of the Authority as secretary
to the Board who shall perform the functions directed by the Board (2) It shall also be the responsibility of the Board to
or the Director-General. provide such policy guidance and advice as will secure the efficient
implementation of the functions of the Authority and enhance the
(2) The Secretary shall, in addition to any function that overall performance of the Authority.
may be assigned to him by the Board, be responsible for -
(a)taking the minutes of the meetings of the
Board;
18 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 19

Remuneration 12. The Chairman and the other members of the Board and any (a) meet international and domestic demands for
of members.
person co-opted by the Board under subsection (8) of section 6 shall air transportation and cargo services in Sierra
be paid such remuneration; fees and allowances approved by the Leone;
Minister and shall be reimbursed by the Authority for expenses
incurred in connection with the discharge of their functions as the (b) provide oversight in the operation and
Board may, with the approval of the Minister, determine. maintenance of aerodromes and related
facilities for aviation; and
Filling of to 13. (1) Where the Chairman or a member of the Board referred
vacancies. in paragraph (d) of subsection 2 of section 4 dies, resigns, is removed (c) advise Government on the efficient
from office or is absent for a continuous period exceeding 3 months development of the aviation industry.
or is by reason of illness unable to perform the functions of his office
for a continuous period of 6 months - 15. (1) The Authority shall be responsible for the Functions
of Authority.
implementation and enforcement of this Act and regulations made
(a) the members of the Board shall, as the case under it.
may be, elect one of their number to act as
Chairman until such time as the Chairman (2) Without prejudice to the generality of subsection (1),
resumes his office or another is appointed in the Authority shall have responsibility for-
his stead; and
(a) promotion and development of safety and
(b) in the case of the member, the Chairman shall, security in aviation, including oversight in
subject to this Act, have another person aircraft operation, airport operation, air
appointed to the Board. navigation facilities and services, air traffic
control, meteorological services and facilities
(2) Where a person is appointed as Chairman or appointed to combat hazards to air navigation;
as a member to fill a vacancy, he shall hold office for the remainder of
the term of the previous Chairman or member, as the case may be, (b) ensure due compliance with the conventions,
and shall, subject to this Act, be eligible for re-appointment. annexes, protocols, standards and
recommended practices of the International
PART III-OBJECTS, FUNCTIONS AND POWERS OF SIERRA Civil Aviation Organisation;
LEONE CIVIL AVIATION AUTHORITY
Object of (c) develop guidelines and guidance for the
Authority.
14. The object of the Authority is to promote safety, security implementation of a safety management
efficiency of civil aviation in Sierra Leone by licensing and regulating system that requires operators and
civil aviation in accordance with the obligations of Sierra Leone stakeholders in the aviation sector to
under the Chicago Convention and other applicable international incorporate safety management systems in
agreements in order to- their operational activities;
20 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 21

(d) enter into agreements for co-operative aircraft to ensure continuous surveillance of
endeavours in the field of civil aviation, the registered aircraft to the State of
aviation safety and security with other the operator;
contracting states, International and regional
organisations; (j) registering and de-registering of aircrafts;

(e) establish a State Safety Programme and a (k) registering and de-registering interests in an
National SurveillanceProgrammeto achieve aircraft or a part of an aircraft including the
an acceptablelevel of safety in theoperation recognition of the validity of a certificate
of aircrafts, aerodromes, air traffic control or licence of a foreign registered aircraft;
and aircraft maintenance;
(l) recognising certificates of airworthiness,
(f) enforce the requirements contained in the certificates of competency, radio licences and
National Civil Aviation Security Programme; other licences issued by other contracting
States;
(g) licensing and registering of aircraft and
ensuring safety of air navigation and aircraft, (m) license and certify civil aviation inspectors,
including airworthiness; security personnel responsible for screening,
special agents, auditors or other properly
(h) collaboratein securing to the highest degree licensed or certified persons;
practicabl e uniformity in regulati ons,
standards and procedures in relation to (n) making regulations with respect to security
aircraft, personnel, airways and auxiliary measures for the purpose of safeguarding
services in order to facilitate and improve civil aviation against acts of criminal
air navigation by adopting and amending violence, air piracy, the introduction of
where practicable, the standards and unauthorised weapons, explosives or
recommended practices and technical incendiary devices onto an aircraft;
guidelines issued by the International Civil
Aviation Organisation to contracting states (o) the licensing of air transport subject to
and where applicable, model regulations relevant rules and Directives in force for the
developed by a Regional Safety Oversight economic regulation of airports, airlines,
Organisation of which Sierra Leone is a airport catering, ground handling service
Member State. operators, aviation freight forwarders and
; other providers of air transport services;
(i) enter into mutual agreements in the event of
lease, charter or interchangeof an aircraft for (p) licensing and registration of aircraft so as to
the transfer of all or part of the safety ensure airworthiness of aircrafts and safety
oversight responsibilities in respect of the in air navigation;
22 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 23

(q) Coordinating and participating in (iii) the interception and safeguarding of

aeronautical search and rescue; aircraft;

(r) the licensing of aircraft operations personnel (x) provision of facilities and personnel for the
including cockpit and cabin crew, flight and regulation of air traffic;
ground engineers, air traffic controllers, flight
dispatchers, air traffic service and electronics (y) levying charges for services provided by the
personnel; Authority or for the use of the facilities of
the Authority and for the issue of licences,
(s) training and licensing of persons engaged in permits and certificates;
-
(i) oversight and monitoring; (z) provision of facilities and personnel for the
regulation of aviation security;
(ii) maintenance, operation and air traffic
services; (aa) certification and regulation of air travel
agencies;
(iii) aviation security;
(bb) provision of environmental protection from
(t) certification of aerodromes and licensing of aircraft noise and engine emissions;
construction, operation, maintenance and
management of navigational aids; (cc) regulation of the use of aeronautical charts
and units of measurement in air and ground
(u) regulation, promotion and development of operations;
air transport operations and services;
(dd) the publication and dissemination of
(v) regulation and co-ordination of civil aviation aeronautical information pertaining to civil
firefighting services and facilities within aviation;
Sierra Leone;
(w) ensuring efficient utilisation of the navigable (ee) establishment, development and management
of training facilities for the purpose of training
airspace, including the provision of rules for- employees in subjects necessary for the
proper performance of the Authority;
(i) safe altitude of flight;
(ff) representing Sierra Leone in matters relating
(ii) prevention of collision between to civil aviation;
aircrafts, between aircraft and land or
water vehicles and objects, and
between aircraft and other airborne
objects;
24 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 25

(gg) advising the Government on matters relating (e) acquire, hire, hold, lease out, dispose of all
to civil aviation including the execution and types of assets or property including land:
mplementation of international civil aviation Provided that the Authority shall not
agreements; sell, let or otherwise dispose of any
buildings, land or other assets vested in it
(hh) performing such other functions as are
except with the consent of and subject to
necessary for the attainment of the objects
any conditions that may be imposed by the
of the Authority.
Government;
(3) The Authority shall by regulation require that any
(f) let or hire plant, machinery, equipment or
civil aircraft operating under its registry or operated by its air operators
assets acquired or required by the Authority,
comply with interception orders from other States.
as the case may be; and

Power of 16. (1) The Authority shall have, for the performance of its
(g) appoint a body or bodies to advise it in
Authority. functions under this Act, the power to -
relation to the performance of its functions.
(a) receive any gifts, grants, donations or Powers of
17. (1) The Director-General shall have power to perform such
endowments made to it or any other monies Director
acts,-including the conduct of investigations, to issue and amend General.
in respect of it and to make legitimate
orders, rules, regulations and procedures pursuant to and in
disbursement thereof in accordance with this
accordance with this Act.
Act;
(b) invest any monies not immediately required (2) Notwithstanding the generality of subsection (1), the
for its purposes in the manner provided in Director- General shall have power to-
this Act or any other written law;
(a) publish all reports, orders, decisions, rules,
(c) delegate the performance of its duties and and regulations issued under this Act in
functions to other persons, in accordance such form and manner as may be best adapted
with a written contract in this regard; for public information and use;

(d) establish subsidiaries and enter into such (b) take evidence, issue subpoenas, and take
joint ventures, partnerships and other depositions in the conduct of any public
associations with public or private hearings or investigations Authorized by
institutions as it may consider necessary to this Act.
enable it to conduct its affairs, perform its
functions and discharge its duties; 18. (1) The Director-General shall have power in the Power to
obtain
performance of his functions under this Act - information.
26 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 27

(a) by notice in writing, to require any air (3) When a request to furnish information, estimates,
operator or any aviation service provider to returns or particulars under this Act is made, the information,
furnish in such form and manner and within estimates, returns or particulars shall be furnished by a person
such time as may be specified in the notice, specifically authorised for the purpose by the air operator or service
periodical or other information, estimates or provider concerned.
returns concerning such matters as may be
specified in that notice; (4) Subject to this section, every air operator or service
provider shall, to the best of his knowledge and belief, answer when
(b) to interview any air operator or any so required, all questions put to him orally or in writing by the
aviation service provider and require such Director-General or an officer of the Authority authorised in that
operator to furnish such particulars as the behalf, not later than the date specified in the notice.
Director -General may require; an
(5) No return or other commercially sensitive information
(c) by notice in writing, to require any air collected by the Authority under this section shall, be disclosed to
operator or any aviation service provider to any person, unless authorised under subsection (7).
complete a form contained in the notice
with particulars relating to any matter (6) The return or other information referred to in
specified in the notice and to return it in subsection (5) may, subject to the directions of the Director-General,
such manner and within such time as may be be disclosed -
specified.
(a) to any person if required for the performance
of that person's functions under this Act;
(2) A notice referred to in subsection (1) -

(a) may be served by delivering it to the operator (b) if required by any law or as evidence in any
or service provider to whom it is addressed court of law.
or by sending it by registered post to the
last known address of such operator or (7) An air operator or service provider who -
service provider;
(a) fails to answer a question put to him as
(b) shall state that it is served in exercise of the required under this Act or furnishes an
powers conferred by this section and shall answer to such a question which is false or
include a general statement of the purpose misleading in any material respect, knowing
for which the information, estimates, returns the answer to be false or misleading; or
or particulars are required.
(b) wilfully obstructs the Director-General or any
officer or employee of the Authority in the
performance of any of its functions under
this Act, commits an offence and shall be
28 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 29

liable on conviction to a fine not exceeding (b) requiring the doing of anything which in the
5,000 United States Dollars or equivalent in opinion of the Director-General is reasonably
Leones, or to imprisonment for a term not necessary to ensure compliance with this Act
exceeding 12 months or to both such fine and regulations made under this Act.
and imprisonment.
(2) Any person or organisation aggrieved by any order
(8) Any officer or employee of the Authority who, in the issued under subsection (1) may appeal to the High Court which may
course of his performance of any function under this Act - modify the order as the justice of the case may require.

(a) wilfully discloses any return or other (3) For the purpose of investigating whether the terms
information obtained in the course of his and conditions of any licence or certificate issued by the Authority
performance of such function to a person not or any relevant provisions of this Act are being or have been complied
authorised to receive that information; with, it shall be lawful for any inspector of the Authority authorised
in that behalf and acting in accordance with this Act in relation to the
(b) uses information obtained in the course of International Civil Aviation Organisation standards and
his performance of such function for the recommended practices relating thereto, to -
purpose of speculating in any stock, bond
or other security or any goods or services, (a) enter the premises of any air operator or other
before its release is authorised by the holder of the licence or certificate;
Director-General; or (b) board any aircraft;
(c) seize any document or property of any air
(c) otherwise contravenes this section,
operator or other holder of the licence or
certificate;
commits an offence and shall be liable on conviction to a fine not
exceeding 5,000 United States Dollars or equivalent in Leones, or to (d) interview any employee of any air operator
imprisonment for a term not exceeding 12 months or to both such fine or other holder of the licence or certificate;
and imprisonment. or
(e) require the attendance of and question any
Power to person referred to in paragraphs (a), (c) and
issue
19. (1) The Director-General shall have power to issue written
compliance orders to any person or organisation, where the circumstances so (d) for the purposes of the investigation.
orders. warrant -
(4) Any person aggrieved by any finding of the
(a) directing compliance within such time as may investigation conducted under subsection (3) may lodge an
be specified, with the terms and conditions objection with the Authority which shall give the objector the
of any licence or certificate issued by the opportunity to be heard concerning his grievance before action is
Authority; or taken to apply the prescribed penalty for non- compliance.
30 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 31

(5) Any person who obstructs an inspector of the PART IV - ADMINISTRATIVE PROVISIONS
Authority in the performance of his function under subsection (3),
commits an offence and shall be liable on conviction to a fine not 22. (1) The Authority shall have a Director-General who shall Appointment
Director-
exceeding 5,000 United States Dollars or equivalent in Leones, or to be ofappointed by the President, on the recommendation of the General.
imprisonment for a term not exceeding 12 months or to both such Minister, subject to the approval of Parliament.
fine and imprisonment.
(2) A person shall not be qualified for appointment as
Emergency 20. (1) Whenever the Director-General is of the opinion that Director- General under subsection (1), unless he has considerable
orders.
an Emergency requiring immediate action exists with respect to safety knowledge and experience in aviation, administration, industry or
in civil aviation, the Director-General shall, either upon complaint or engineering and has such other qualifications and proven ability
the Director- General's initiative without complaint, if the Director- in other fields as may be relevant for the functions of the authority.
General so orders, without answer or other form of pleading by the
interested person or persons, and with or without notice, hearing, or 23. (1) The Director-General shall be responsible to the Board Functions
of Director-
the making or filing of a report, to make such just and reasonable for the performance of the following functions- General.
orders, rules or regulations as may be essential in the interest of
safety in civil aviation to meet such emergency: (a) exercise of all powers and the discharge of all
duties of the Authority including-
provided that the Director-General shall immediately thereafter initiate
action relating to the matter giving rise to any such order, rule, or
regulation. (i) control over all personnel and activities
of the Authority;
(2) Where an emergency order is issued by the Director-
General under subsection (1), it shall be the duty of every person (ii) issuance of orders, directives
subject to this Act, to observe and comply with that order, as long instructions or circulars to address
as it shall remain in effect. specific technical matters;

Power to 21. (1) The Director-General may grant exemptions from the (b) to provide overall leadership in the general
grant requirements of observing any rule set forth in this Act or in its
exemptions. operations and efficient administration of the
aviation safety and security regulations if the Director-General finds affairs or activities of the Authority;
such action would be in the public interest.
(c) to initiate and maintain high-level contact
(2) The Director-General shall issue regulations
with interested parties, both local and
governing the application for and approval of exemptions.
international, in relevant areas of the
operations of the Authority;
(3) The Director-General shall publish any exemption
actions taken as appropriate.
(d) to monitor and supervise the preparation of
(4) Except as provided in subsections (1), (2) and (3), the the annual budgets and reports of the
Director-General shall not grant exemptions from the requirements Authority for the review and approval of the
of this Act. Board;
32 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 33

(e) to oversee the work and discipline of the other

staff of the Authority; and out such other (3) The Director General may delegate his safety and
functions as may be assigned by the Board security oversight powers to assigned aviation safety and aviation
or necessary for the purposes of the security inspectors and other staff of the Authority
Authority.
(4) The Director General shall establish the credentials
(2) The Authority shall also, subject to such terms and of the safety and security inspectors of the Authority.
conditions as the Board shall determine, have two Deputy
Director-Generals, one of whom shall be responsible for administration (5) The Director General is not absolved from the ultimate
and the other for technical operations. responsibility for a function delegated under subsection (2) and (3).

Power to 25. The Director-General shall, in the exercise of his functions Public
delegate.
24. (1) The Powers conferred on and the functions of the interest.
Authority in this Act are vested in the Director-General who may and powers under this Act, consider the following, among other
exercise them directly or by delegation. things, as being in the public interest-

(2) The Director-General may, in writing and subject to (a) the promotion, encouragement, and
this Act, delegate any function of the Director-General to - development of safety and security in civil
aviation;
(a) an officer, an employee or an administrative (b) the regulation of civil aviation in such manner
unit under the Director-General; as to best promote safety, security, facilitation
and economics of air transport;
(b) a Regional Safety or Security Oversight
(c) enhancing public knowledge, awareness and
Organisation;
understanding of the regulated sectors; and

(c) an air operator, an aerial work operator, a (d) taking into account the need to protect and
general aviation operator, a maintenance preserve the environment.
facility or to any other qualified person; or
26. (1) The Authority shall have, in addition to the Director- Other staff
of Authority.
(d) any properly qualified private person, subject General 2 Deputy Director-Generals, one of whom shall be responsible
to such regulation, supervision and review foradministration and the other for technical operations, an Internal-
as may be prescribed: Auditor and such other officers and staff including the inspectors,
as the Board may consider necessary for the efficient performance
Provided, however, the Director- General shall ensure that such of the functions of the Authority under this Act.
functions are not delegated in such a way that air operators, aerial
work or general aviation operators and maintenance facilities, in (2) The Deputy Directors-Generals, Internal-Auditor and
effect, regulate themselves. such other officers and staff of the Authority shall be appointed by
the Board subject to such terms and conditions as the Board shall
determine.
34 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 35

(3) The Authority may delegate to the Director-General commence the suit shall have been served upon the Authority by the
the power for the appointment of such grade or categories of staff as intending plaintiff or his agent; and the notice shall clearly and
the may require. explicitly state the cause of action, the particulars of the claim, the
name and place of abode of the plaintiff and the relief sought.
Secondment 27. Public Officers may, at the instance of the Authority, be Cooperation
of public
officers. seconded or otherwise render assistance to the Authority but the
Authority may request the withdrawal of any such seconded staff 31. The Director-General shall have the power to use, Cooperation
with other
who is unable to carry out assigned functions in a manner available services, equipment, personnel, and facilities of other agencies.
satisfactory to the Authority. agencies of Sierra Leone with their consent, on a reimbursable basis
when appropriate, and on a similar basis to co-operate with those
Protection 28. No action or other proceeding shall be brought or instituted agencies in the establishment and use of services, equipment, and
of officers
and staff. against the Authority, Board members, Director-General, and staff of facilities of the Authority.
the Authority or other persons delegated under Secton 24 (2) & (3) in
respect of anything done in pursuance of and or execution of any of PART V - FINANCIAL PROVISIONS
this Act. 32. (1) The activities of the Authority shall be financed by Funda of
Authority.
funds consisting of -
29. A member of the Board, Director-General, employee of the (a) any moneys appropriated from time to time
Indemity of Authority or a person to whom the Director-General has delegated by Parliament for the purposes of the
Officers. his authority under Section 24 (2) shall be indemnified by the Authority Authority;
against any civil proceeding brought against them arising from the
lawful discharge of any of the functions or the exercise of any of the (b) a safety charge on all air tickets and freight
powers conferred on the Authority under this Act. charges;

Limitatuon 30. (1) Notwithstanding anything contained in any other law, (c) all fees and funds in respect of services
of action
against no suit shall lie against the Authority, Board members, Director- provided by the Authority and accruing from
Authority. General or any other employee of the Authority, in the execution of the grant of-
any public duty under this Act or any law or in respect of any alleged
negligence or default in execution of any public duty under this Act (i) air travel organizers licence;
or such law, unless it is commenced within 1 year next after the act,
negligence, or default complained of, or in the case of continuance of (ii) air transport licences, permits
damage or injury, within 1 year after the ceasing thereof. and certificates (issue and
renewal);
(2) No suit shall be commenced against the Authority,
Boardmembers, Director-General or staff of the Authority before the (iii) air operator certificate;
expiration of a period of 1 month after written notice of intention to
36 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 37

(iv) calibration of navigation aids (xv) aerodrome, heliport and helipad

where applicable; operating license;

(v) personnel licences; (xvi) aviation height clearance

[obstruction evaluations;
(vi) 70 percent of the air ticket and
cargo sales charge; (xvii) Aviation Training Organizations;
and
(vii) aircraft maintenance
organization approval; (xviii) registration of agencies;

(viii) aircraft registration and (d) all fines payable for violation of civil aviation
certification; regulations, rules and orders;

(ix) certificate of airworthiness (issue (e) all sums accruing to the Authority by way of
and renewal); gifts, endowments, bequest, grant or other
contributions by persons and organisations
(x) rentage of property, plant and for the purposes of the Authority;
equipment, where applicable;
(e) returns on investments;
(xi) medical examination fees, where
applicable; (f) 3% of monthly income generated by the Sierra
Leone Airports Authority after deducting
(xii) sale of information and operations and maintenance costs excluding
publications; staff related costs, finance and accounting
costs;
(xiii) contract registration fees;
(g) all other sums which may, from time to time,
(xiv) any licence, certificates, permits, accrue to the Authority.
contracts or leases issued under
this Act; (2) The funds of the Authority shall be applied only
for the purposes of the approved budget of the Authority.
(xiv) registration of legal instruments
and interests;
38 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 39

Investment 33. Any moneys of the Authority not immediately required (3) For the purposes of subsection (2), the Auditor-
of funds of
Authority. for meeting any obligation or the discharge of any function of the General or the auditor appointed by him shall be entitled to have
Authority may, with the approval of the Board, be invested to the access to all books of account, vouchers and other financial records
of the Authority and to require such information and explanation
best advantage of the Authority. thereon as he may think fit.

Estimates of 34. (1) The Director-General shall, not later than 1 month (4) All Siarra Leonean Registed aircrafts and aircrafts
income and flying over or maneuvering in Sierra Leone airspece shall conply with
expenditure before the end of each financial year, prepare and submit to the rules and Regulations as estabalished under the ICAO Chicago
of Authority. Board for its approval, estimates of the income and expenditure of Convention.
the Authority for the next ensuing financial year and may at any time
(5) Aircafts in disetass over Sierra Leone Air Speace
before the end of each financial year, prepare and submit to the shall be Provided with all practicable measures of assistance and
Board for approval any estimates supplementary to the estimates for may permit the owners of the aircafts or the state of registry to do so,
that financial year. as necessitated by the circumstances.
(6) When undertaking search for missing aircrafts, the
(2) No expenditure shall be made out of the funds of Director–General shall Collaborate and coordinate measures in
the Authority unless that expenditure is part of the expenditure accordance with ICAO Standards and Recommended Practices.
approved by the Board under subsection (1).
(4) The Authority shall provide the Auditor-General or
the auditor appointed by him with all necessary and appropriate
Account and
35. (1) The Authority shall keep proper books of account facilities for the examination of the accounts and records of the
audit of
Authority.. and other records in relation to the activities, property and finances Authority.
of the Authority in of a form approved by the Auditor-General, and (5) The Auditor-General or the auditor appointed by him
shall prepare in respect of each financial year of the Authority a shall submit to the Authority a report on the audited accounts and
financial statement which shall include - the financial statements referred to in subsection (1) and shall, in his
report draw attention to -
(a) balance sheet accounts; (a) any irregularities in the accounts;
(b) any matters that are likely to adversely affect
the operations of the Authority; and
(b) income and expenditure accounts; and (c) any other matter which, in his opinion, ought
to be brought to the notice of the Authority.
(c) source and application of funds. Financial
36. The financial year of the Authority shall be the same as the
year of
financial year of the Government. Authority.
(2) The accounts of the Authority kept under
subsection (1) shall, not later than 3 months after the end of each 37. (1) The Authority shall, within 4 months after the end of Annual
the financial year, submit to the Minister a report on the performance Report.
financial year, be audited by the Auditor-General or an auditor of its functions during that year and on its policy and programmes.
appointed by him.
(2) The annual report shall include the accounts and
annual financial statement prepared under section 35 and the report
of the audit thereon.
40 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 41

(3) The Minister shall lay copies of the annual report (a) flight of aircraft;
beforeParliament within 2 months after he has received the report. (b) navigation, protection, and
Internal 38. (1) The Authority shall have an internal auditor who shall identification of aircraft;
audit.
be responsible to the Board. (c) protection of persons and property on
(2) The internal auditor shall at the end of every 3 months, the ground;
submit a report on the audit of the books and records of account of (d) the efficient utilisation of the navigable
the Authority in respect of that period to the Board through the
Director-General. airspace, including rules -
(3) The internal auditor shall forward copies of the report
to the Board, the Internal Audit Committee and to the Minister. (i) regulating safe altitude of
flight;
PART VI - AIRSPACE CONTROL AND FACILITIES
(ii) for the prevention of collision
Use of 39. (1) The Director-General shall develop, plan for, and
airpace. between aircrafts, between
formulate policy with respect to use of the navigable airspace of aircraft and land or water
Sierra Leone.
vehicles and objects and
(2) The Director-General may assign by rule, regulation, between aircraft and airborne
or order the use of the navigable airspace under such terms,
conditions, and limitations as the Director-General may find necessary objects; and
to ensure the safety of aircraft and the efficient utilisation of such (e) the interception, safeguarding, direction
airspace.
(including to land) and control of aircraft
(3) The authority of the Director-General under this flyingunlawfully above the territory of Sierra
subsection (2) shall be exercised only in that airspace for which air
traffic control responsibility has not been assigned to a foreign Leone.
country by international agreement or other arrangement.
(2) The Director-General shall provide, as required in the
(4) Sierra Leone Registered aircraft flying over the high
seas shall comply with rules and regulations as established under interest of aviation safety, the necessary facilities and personnel for
annex 2 to the Chicago Convention. the regulation and protection of air traffic.
(5) Aircraft in distress over Sierra Leone air space shall
be provided with all practical measures of assistance and may permit (3) The authority granted to the Director-General under
the owners of the aircraft or the State of Registry to do so, as this section shall be exercised only in that airspace for which air
necessitated by the circumstances . traffic control responsibility has not been assigned to a foreign
(6) When undertaking search for missing aircraft, the country by international agreement or other arrangement.
Director-General shall collaborate and coordinate measures in
accordance with annex 12 to the Chicago Convention.
(4) In exercising the authority granted, and discharging
Regulation
the duties imposed by this Act, the Director-General shall give full
40. (1) The Director-General shall, as may be deemed
of air taffic. consideration to the requirements of national defence, of commercial
necessary in the opinion of the Director-General and in the interests
and general aviation and to the public right of transit through the
of aviation safety, air traffic issue rules and regulations relating to -
navigable airspace.
42 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 43

Authority
enter into 41. (1) The Director-General shall encourage international Bilateral exchange of safety oversight responsibilities
cooperative
aviation and regional cooperation in the regulation and administration of
sa fety
agreement. aviation . 42. (1) The Authority may pursuant to Article 83bis of the Convention on
International Civil Aviation and by bilateral agreement with the aeronautical
(2) The Director-General may enter into agreements for authorities of another country which has ratified Article 83bis exchange with that
co- safety operative endeavours in aviation safety with other regional country all or part of their respective functions and duties with respect to registered
contracting States to the Convention on International Civil Aviation aircrafts under Article 12 (Rules of the air), Article 31 (Certificate of Airworthiness),
and shall, in co- ordination with Ministry of Foreign Affairs, to or Article 32(a) (licenses of personnel) of the convention.
negotiate, agree to, and manage any such regional international
agreements.

(3) The Director-General may, where appropriate to civil

aviation safety and the public interest, further delegate certain aviation
safety tasks under the international agreement to citizens of Sierra
Leone, citizens of other contracting States or regional bodies with
which Sierra Leone has entered into an international or regional
agreement.

(4) The Director-General may, subject to the approval of

the Board, cause to be implemented from time to time surcharges on
ticket sales by international passengers for the purposes of meeting
obligations arising from international and regional cooperative safety
arrangements.
44 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 45

(2) The Authority shall relinquish responsibility with (iii) in any State in which Sierra Leone has
respect to the functions and duties transferred by the Authority as entered into an agreement with in
specified in the bilateral agreement under the articles listed in sub-
regard to the registration of aircraft; or
section (1) for the Sierra Leone registered aircraft transferred abroad
and accept responsibility with respect to the functions and duties
(b) it bears, in the prescribed manner, the
under those articles of the convention, for aircraft registered abroad
necessary nationality and registration marks.
described in subsection (1) that are transferred to Sierra Leone.
(2) Notwithstanding subsection (1), where special
(3) The Authority may predicate in the agreement, the
circumstances exist, the Authority may, subject to such conditions
transfer of functions and duties under this subsection on any
as the Authority may think fit, exempt a foreign registered aircraft
conditions the Authority deems necessary and prudent, except that
from flying or operating within Sierra Leone under subsection (1).
the Authority may not transfer responsibilities for Sierra Leone
registered aircraft to a country that the Authority determines is not in
(3) Notwithstanding subsection (1), an aircraft may fly
compliance with its obligation under International Law for safety
within Sierra Leone, unregistered, if and as long as it is flown for the
oversight of Civil Aviation.
purpose of, or in connection with any experiment or test, or any
other purpose which appears to the satisfaction of the Authority to
(4) The Authority, pursuant to agreements entered into
be valid to permit the aircraft to fly unregistered.
under this sonnel licences issued or renewed by the State of the
Operator.
(4) Notwithstanding subsection (1), the Minister may on
the recommendations of the Authority, exempt kites, powered
(5) The Authority shall notify and inform the International
parachutes and drones from registration.
Civil Aviation Organisation and other States concerned of the transfer
arrangement of the existence of an agreement.
(5) An aircraft exempted under subsections (2) or (3) shall
carry, in addition to other documents which it may be required to
PART VII - NATIONALITY AND AIRCRAFT OWNERSHIP
carry under this Act, an exemption registration certificate or any other
Aircraft 43. (1) Subject to subsections (2) and (3), no aircraft shall fly
registration. document, certifying that the aircraft is so exempted and stating any
or operate within Sierra Leone unless -
conditions subject to which the exemption was granted.
(a) it is registered-
(6) Any person who contravenes subsection (1) or who
flies or operates an aircraft bearing nationality and registration marks
(i) in Sierra Leone; purporting to have been registered in a State other than where it has
been registered, commits an offence and shall be liable on conviction
(ii) in a contracting State of International to a fine not exceeding 50,000 United States dollars or equivalent in
Civil Aviation Organisation; or Leones or to imprisonment for a term not exceeding 10 years or to
both fine and imprisonment.
46 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 47

(7) The Minister may, on the recommendations of the (2) The Authority shall keep a record of any returns made
Authority, by statutory instrument, make regulations for the to it under subsection (1).
registration of aircraft and the form of nationality and registration
marks. (3) A person who contravenes subsection (1) commits
an offence and is liable on conviction to a fine not exceeding 25,000
Recording of 44. (1) The Director-General shall establish and maintain a United States dollars or the equivalent in Leones:
interest in National of interest Civil Aircraft Register; a system for recording
aircraft.
documents which affect title to inor any interest in any civil aircraft Provided however that proceedings for an offence under this section
registered in Sierra Leone and in any aircraft engine, propeller, shall not be instituted except by or with the consent of the Attorney-
appliance, or spare part intended for use on any aircraft registered in General.
Sierra Leone.
46. (1) A lawful entry into Sierra Leone or a lawful transit Exemption
from seizure
(2) Document affecting title to or any interest in any across from seizure Sierra Leone, with or without landings, of an of aircrafton
aircraft, aircraft engines, propellers, appliances, or spare parts shall aircraft shall not entail - point claim.
not be valid, except between the parties thereto, unless it is recorded
in the National Civil Aircraft Register. (a) a seizure or detention of the aircraft;
claim.
(3) The validity of any document so recorded in the (b) any proceeding being brought against the
National Civil Aircraft Register, unless otherwise specified by the owner or operator of the aircraft; or
parties thereto, shall be determined under the laws of Sierra Leone (c) any other interference with the aircraft,
and the requirements for documents to be recorded shall be specified
in regulations issued by the Director-General. by or on behalf of a person in Sierra Leone, on the ground that the
construction, mechanism, parts, accessories or operation of
Records of 45. (1) The Authority shall, by regulations made under this the aircraft is or are an infringement of a patent, design or model.
birth and
deaths in
Act, births and require any person, as may be specified in the
aircraft. regulations, to keep records of- (2) During the importation into and storage in Sierra Leone
of spare parts and spare equipment for an aircraft and their use and
(a) any birth and death occurring in any part of installation in the repair of an aircraft, there shall not be allowed-
the world in any aircraft registered in Sierra
Leone; and (a) any seizure or detention of the aircraft or of
the spare parts or spare equipment;
(b) death, outside Sierra Leone, of any person
who, being a traveller on an aircraft registered (b) any proceedings being brought against the
in Sierra Leone, is killed on the journey in an owner or operator of the aircraft or the owner
accident. of the spare parts or spare equipment; or
48 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 49

(c) any other interference with the aircraft spare (b) any other aircraft of which the person in
parts or spare equipment, default is the operator at the time when the
detention begins.
by or on behalf of any person in Sierra Leone, on the ground that the
spare parts or spare equipment or their use or installation are an (3) If the charges are not paid within 60 days of the date
infringement of any patent, design or model. when the detention begins, the Authority may sell the aircraft in
order to satisfy the charges.
(3) subsection (2) shall not apply in relation to spare parts
or spare equipment which are sold or distributed in Sierra Leone or (4) The Authority shall not detain or continue to detain
are exported from Sierra Leone for sale or distribution. an aircraft under this section by reason of an alleged default in the
payment of airport charges if the operator of the aircraft or any other
Patent claims 47. Where it is alleged by an interested party that a foreign
against person claiming an interest in the aircraft -
aircraft not aircraft, other than an aircraft to which section 51 applies, which is
protected making a passage through or over Sierra Leone, infringes in itself or
under the (a) disputes that the charges, or any part of them,
chicago in any part of it any invention, design or model which is entitled to are due; and
convention. protection in Sierra Leone, it is lawful, subject to and in accordance (b) gives to the Authority, pending the
with the Rules of Court, to detain the aircraft un infringement such determination of the dispute, sufficient
sum as may be agreed by the parties (in this section Chicago referred security for the payment of the charges which
to as "the deposited sum"). are alleged to be due.
Detention of
aircraft.
48. (1) The Authority may detain or seize an aircraft which is (5) The Authority shall not sell an aircraft under this
found to be engaged in an improper or illegal activity or to secure the section without leave of the court, and the court shall not grant leave
compliance with this Act or regulations made under it and may make except on proof that -
such further provisions as appears to the Authority to be necessary
or expedient for securing the detention. (a) a sum is due to the Authority for airport
charges;
(2) Where default is made in the payment of airport and
air navigation charges incurred in respect of an aircraft at an (b) default has been made in the payment of the
aerodrome, the Authority may, subject to this section, detain, pending charges; and
payment - (c) the aircraft which the Authority seeks leave
(a) the aircraft in respect of which the charges to sell is liable to sale under this section by
were incurred, whether or not they were reason of the default.
incurred by the person who is the operator
of the aircraft at the time when the detention (6) Where the Authority intends to apply to sell an aircraft,
begins; or it shall -
50 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 51

(a) give notice of the intention to any person (10) The surplus, if any, after the payments made under
whose interests may be affected by the subsection (9), shall be paid to persons whose interests in the aircraft
application; and have been divested by reason of the sale.

(b) afford to any person referred to in paragraph (11) The power of detention and sale conferred by this
(a), the opportunity of becoming a party to section extends to the equipment of the aircraft and any stores for
the proceedings on the application. use in connection with its operation, being equipment and stores
carried in the aircraft, whether or not they are the property of the
(7) If the court grants leave under subsection (5), the operator, and references to the aircraft in sub-sections (2) to (9)
Authority shall ensure that the aircraft is sold at the best price that include, except where the context otherwise requires, references to
can reasonably be obtained. the equipment and stores concerned.

(12) The power of detention conferred by this section

(8) Failure to comply with subsection (7), though
extends to aircraft documents carried in the aircraft, and the documents
actionable as against the Authority at the suit of a person who suffers may, if the aircraft is sold under this section, be transferred by the
loss in consequence of non-compliance, it shall not, after the sale Authority to the purchaser.
has taken place, be a ground for impugning its validity.
(13) The power of detention conferred by this section
(9) The proceedings of a sale under this section shall be extends to any subsequent occasion when the aircraft is on the
applied in payment of - aerodrome on which those charges were incurred or on any other
aerodrome owned or managed by the Authority.
(a) the airport or air navigation charges which
the court has found to be due; (14) Nothing in this section shall prejudice any right of
the Authority to recover any charges or part of any charges by action
in court.
(b) any tax or duty, whether of customs or excise,
chargeable on imported goods which are
PART VIII–SAFETY REGULATION OF CIVIL AVIATION
brought into Sierra Leone by the aircraft or
value added tax; 49. (1) The Director-General shall promote safety of civil General
sa fety
aviation in relation to personnel, aircraft, aerodromes and air powers and
(c) the expenses incurred by the Authority in navigation services by issuing, prescribing and revising from time duties.
detaining, keeping and selling the aircraft, to time -
including expenses incurred in connection
(a) directives, rules, instructions, orders and
with the application to the court; and
requirements implementing, at a minimum, all
standards of this Act and regulations made
(d) any other charge in respect of the aircraft
under it relating to the Annexes to the Chicago
which is due by virtue of regulations made
Convention;
under this Act.
52 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 53

(b) such other reasonable directives, rules (c) the operation poses or may cause imminent
instructions, orders, requirements, or danger to persons or property on the ground.
minimum standards governing other
practices, methods, and procedures as the (d) the operator of the aircraft is not in possesion
Director-General may find necessary to of the appropriate authorizations for the
provide adequately for safety in civil aircraft.
aviation.
(2) The Director-General may, subject to subsection (1)
(3) Where the Authority finds it unable to implement a take such steps as are necessary to detain such aircraft, pilot in
provision of this Act and regulations made under it relating to the command or member of the flight operating crew of the aircraft.
Annexes to the Chicago Convention, an acceptable means of
compliance shall be instituted by the Authority to ensure that 52. The Director-General or any person authorised by him shall Right of
access.
equivalent means of safety is achieved and the International Civil have the right of access to -
Aviation Organization shall be notified of the differences.
(a) aircraft for the purpose of assessing aircraft
State safety 50. (1) The Authority shall establish a State Safety in in airworthiness;
programme of
aircraft. Programme order to achieve an acceptable level of safety in civil
aviation. (b) any aviation facility including aerodromes,
aircraft manufacturing organisations, aircraf
maintenance organisations, aviation training
(2) T he Authority shall require as part of the State Safety organisations or other facilities in respect of
Programme that operators and service providers implement a Safety which a certificate, permit or license is issued
Management System. under the Act for carrying out any tests or
inspections in order to determine that those
Power to operations are conducted in accordance with
prevent
51. (1) The Director-General shall have the power to direct this Act; or
flight. the owner, operator, pilot in command or other member of the flight
operating crew not to fly or operate an aircraft where, in the opinion (c) aircraft operators to conduct any tests or
of the Director-General - inspections in order to determine whether
operations are conducted in accordance with
this Act.
(a) the aircraft is not airworthy;
53. (1) The Authority shall assess the safety of air transport Safety
(b) the pilot in command or member of the flight assessment
operations by foreign air operators in Sierra Leone. for foreign air
operating crew is not qualified or is not opeartors.
physically or mentally capable to operate the (2) The Director-General may make regulations regarding
aircraft for flight; or is under the influence of the safety of operations and surveillance of foreign air operators
alcohol or psychoactive substance; operating in Sierra Leone.
54 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 55

(3) The Director-General or any person authorised by him airman possesses the qualifications and physical ability to perform
shall have right of access to search a foreign aircraft without the duties pertaining to the position for which the airman licence or
unreasonable delay, on landing or departure and to inspect the certificate is sought.
certificates and other documents prescribed under this Act and
regulations made under it relating to the Chicago Convention for the (5) A licence or certificate issued under this section shall
purposes of ensuring that the aircraft is being operated safely. contain such terms, conditions, and tests of physical fitness, and
other matters as the Director-General may determine to be necessary
(4) The Director-General may, subject to subsection (5) to assure safety in civi aviation.
and where necessary, direct the operator or pilot in command of a
foreign aircraft operating within Sierra Leone, not to operate an aircraft (6) Notwithstanding subsection (4), the Director-General
where it is unsafe to do so or where the aircraft is likely to be operated may prohibit or restrict, in such manner as the Director-General shall
in an unsafe manner. deem appropriate, the issuance of airman licences or certificates to
citizens of a foreign country.
(5) The Director-General shall take such steps as are
necessary to detain or prevent the flight of such aircraft and to notify (7) Every airman licence or certificate issued by the
the State of registry and the State of the operator as the case may be. Director-General under this section shall -

Airmen 54. (1) The Director-General shall issue airmen licences or (a) be numbered and recorded by the Director-
licence or
certificate.
certificates specifying the capacity in which the holders thereof are General;
authorised to serve as airmen in any aircraft.
(b) state the name and address of, and contain a
(2) A person who wishes to obtain an airman licence or description of the person to whom the licence
certificate may file an application with the Director-General. or certificate is issued; and

(3) Where the Director-General, after investigation of an (c) be titled with the designation of the
application under subsection (2), finds, that the applicant possesses authorised airman privileges.
the proper qualifications for, and is physically able to perform the
duties pertaining to the position for which the airman licence or 55. (1) An aircraft shall not fly or operate in Sierra Leone Airworthiness
certificate.
certificate is sought, the Director-General shall issue such licence or unless a valid certificate of airworthiness for that aircraft is -
certificate.
(a) issued by the Director-General under this Act
(4) The Director-General may, in lieu of such a finding, if it is an aircraft registered in Sierra Leone;
consider prior issuance of an airman licence or certificate by a foreign
country that is a member of the International Civil Aviation (b) issued by a State in which the aircraft is
Organization as satisfactory evidence, in whole or in part, that the registered; or
56 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 57

(c) issued by the State of the operator. (b) holds an air operator certificate for the type
of service operated as may be issued from
(2) Notwithstanding subsection (1), an aircraft may fly another contracting State.
within Sierra Leone without a certificate of airworthiness if it is -
(2) A person who contravenes subsection (1) commits
(a) a glider not being used for the commercial air an offence and shall be liable on conviction to a fine not exceeding
transport of passengers or aerial work other 5,000 United States Dollars or equivalent in Leones or to imprisonment
than aerial work which consists of the giving for a term not exceeding 10 years, or to both such fine and
of instructions in flying or the conducting of imprisonment.
flying tests in a glider owned or operated by
a flying club of which the person giving the 57. (1) A person shall not act as a pilot or member of a flight Licensing of
pilots, crew
instruction or conducting the test and person operating crew in an aircraft engaged in the operation of an aircraft etc..
receiving the instruction are members; unless that person -
(b) a balloon flying on a private flight;
(c) a kite; (a) holds a licence issued by the Director-General
(d) a powered parachute or drone; under this Act;
(e) an aircraft flying in accordance with a permit (b) holds a foreign licence recognised by the
to fly issued by the Director-General; or Authority; or
(f) an aircraft flying in accordance with a special (c) operates a kite or powered parachute or drone
fight permit issued by the Director-General. exempted in subsection (4) of section 49.

(4) Any person who flies or operates an aircraft which (2) A person shall not act as a member of a cabin crew
does not have a certificate of airworthiness commits an offence and unless he has -
shall be liable on conviction to a fine not exceeding 50,000 United
States Dollars or equivalent in Leones or to imprisonment for a term (a) obtained authorisation from the Authority to
not exceeding 10 years, or to both such fine and imprisonment. exercise the privileges of cabin crew or has
otherwise been permitted by the Authority
Air Operator 56. (1) A person shall not conduct air transport operations to exercise such privileges; or
Certificate.
unless that person -
(b) obtained authorisation or permission from
(a) holds an air operator certificate for the type another State which has been recognised by
of service operated as may be issued by the the Authority.
Director-General; or
58 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 59

(3) A person shall not act as an aircraft maintenance 59. An application for a certificate issued under this Act shall Forms of
application.
engineer or air traffic controller unless that person holds a licence be in such form, contain such information and be filed and served in
issued by the Director- General under this Act. such manner as may be prescribed under this Act and shall be under
oath or affirmation whenever the Director-General so requires.
(4) Any person who contravenes subsection (1), (2 ),
and (3) commits anoffence and shall be liable on conviction to a fine 60. (1) The Director-General shall make or revise, from time Airports and
air navigation
not exceeding 25,000 United States Dollars or the equivalent in Leones to time as necessary, minimum safety standards for the operation of facilities
or to imprisonment for a term not exceeding 10 years, or to both such air navigation facilities located in Sierra Leone. sa fety
standards.
fine and imprisonment.
(2) The Director-General shall issue airport certificates to,
Approved 58. (1) The Director-General shall provide for the examination and establish minimum safety standards for the operation of airports,
maintenence
and training and training for - including aerodromes owned or managed by the Authority that serve
organisation. (a) approved training organisations giving any scheduled or unscheduled passenger operations of air operator
instruction in air traffic control cabin crew, or foreign air operator aircraft.
ground handling and other related fields, as
well as flying or in the repair, alteration, (3) Any person desiring to operate an airport that is
maintenance, and overhaul of aircraft, aircraft described in this section and that is required by the Director-General,
engines, propellers, and appliances, as to the to be certified may file with the Director-General, an application for
adequacy of the course of instruction, the an airport operating certificate.
suitability and airworthiness of the aircraft
and the equipment used by the school and (4) If the Director-General finds, after investigation, that
the competency of the instructors; and such person is properly and adequately equipped and able to conduct
a safe operation in accordance with the requirements of this Act and
(b) approved maintenance organisations or the rules, regulations, and standards prescribed thereunder, the
shops for the repair, alteration, maintenance, Director-General shall issue an airport operating certificate to such
and overhaul of aircraft, aircraft engines, person.
propellers, and appliances, as to the adequacy (5) An airport operating certificate shall contain such
and suitability of the equipment, facilities, terms, conditions and limitations as are reasonably necessary to
and materials for, and methods of, repair and assure safety in commercial air transport, the breach of which shall
overhaul, and the competency of those entitle the Authority to suspend or cancel the certificate.
engaged in the work and of the instructors.
(6) Unless the Director-General determines that it would
(2) The Director-General may issue, amend, vary, cancel, be contrary to the public interest, the terms, conditions, and
refuse and suspend certificates for such approved training and limitations contained in a certificate shall include but not be limited
maintenance organisations. to -
60 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 61

(a) the operation and maintenance of adequate (4) Every person performing duties in civil aviation shall
safety equipment, including fire-fighting and observ and comply with the requirements of this Act and the rules,
rescue equipment capable of rapid access to regulations and standards issued under this Act relating to their
any portion of the airport used for landing, tasks.
take off, or surface maneuvering of aircraft; (5) Every person who offers, or accepts, shipment, cargo,
and or baggage for commercial air transport, whether originating or
arriving in international flights to or from Sierra Leone, or for flights
(b) the condition and maintenance of primary and within Sierra Leone, shall offer or accept the shipment, cargo, or
secondary runways as the Director-General baggage in accordance with this Act and regulations made under it
determines to be necessary. relating to Annex 18 to the Chicago Convention and the International
Civil Aviation Organisation Technical Instructions for the Safe
Limitation on 61. A person shall not establish a solid waste disposal facility Transport of Dangerous Goods by Air.
construction orreceives putrescible waste within 5 kilometers of the vicinity of an
of refuse 63. (1) The Director-General shall have the power and duty Inspection of
disposal aerodrome unless the Director-General determines that such an to - aircraft.
safety. exemption from this requirement would have no adverse impact on (a) make such inspections of aircraft, aircraft
any aviation facility. engines, propellers, and appliances used by
any operator of civil aircraft as may be
Duties of air 62. (1) It shall be the duty of each operator to make or cause
operators and necessary to determine that the operators
airmen. to be made, such inspection, maintenance, overhaul, and repair of are maintaining them in safe condition for
all equipment used in civil aviation and to ensure that the operations the operation in which they are used; and
conducted are in accordance with this Act and the regulations,
directives and orders of the Director-General issued under this Act. (b) advise each operator on the inspection and
maintenance of its aircraft, aircraft engines
(2) It shall be the duty of each holder of an Air Operator propellers and other equipment and
Certificate to ensure that the maintenance of aircraft and operations appliances.
of that air operator are conducted in the public interest and in
accordance with the requirements of this Act and the regulations, (2) Where the Director-General finds that any aircraft,
directives and orders issuedunder this Act by the Director-General. aircraft engine, propeller, or appliance, used or intended to be used
by an operator in civil aviation, is not in a condition for safe operation,
(3) Each holder of an airman certificate shall observe and he shall notify the operator accordingly.
comply with the authority and limitations of that certificate, the
requirements of this Act and the rules, regulations, and standard (3) So as not to endanger civil aviation, the aircraft, aircraft
issued under this Act. engine, propeller or appliance to which subsection (2) applies shall
not be used in civil aviation until found by the Authority to be in a
condition for safe operation.
62 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 63

Amendment, 64. (1) The Director-General may, from time to time, for any (b) serve in any capacity as an airman in
modification,
suspension reason, re-inspect or re-examine any civil aircraft, aircraft engine, connection with any civil aircraft, aircraft
and eovocatio propeller, appliance, air operator, school, or repair organisation or engine, propeller, or appliance used or
of certificate.
shop, or any civil airman holding a certificate issued under this Part. intended for use in civil aviation without an
airman certificate authorising that person to
(2) Where, as a result of a re-inspection or re-examination, serve in such capacity, or in violation of any
or if, as a result of any other investigation made by the Director- term, condition, or limitation of this certificate,
General, the Director-General determines that safety in civil aviation or in violation of any order, rule, or regulation
or commercial air transport or the public interest requires it, the issued under this Act;
Director-General may issue an order amending, modifying,
suspending or revoking, in whole or in part any air worthiness (c) employ for service in connection with any
certificate, airman certificate, air operator certificate, or certificate for civil aircraft used in civil aviation an airman
any airport, school or approved maintenance organisation issued who does not have an airman certificate
under this Act. authorizing that person to serve in the
capacity for which the person is employed;
(3) The Director-General shall, prior to amending,
modifying, suspending, or revoking a certificate, inform its holder as (d) operate as an air operator without an air
to any grounds or reason relied on by the Director-General for the operator certificate, or in violation of the terms
proposed action and, except in an emergency, shall provide the of any such certificate;
holder an opportunity to respond to those grounds or reasons and
be heard as to why the certificate should not be amended, modified, (e) operate aircraft in civil aviation in violation
suspended or revoked. of any rule, regulation, or certificate issued
by the Director-General under this Act;
(4) A person whose certificate is affected by any order of
the Director-General under this section may appeal against it to the (f) while holding a certificate issued to a school
High Court and the Director-General may be a party to such or approved maintenance organization as
proceedings. provided in this Act, to violate any term,
condition, or limitation thereof, to violate any
Prohibitation. 65. (1) It shall be unlawful for any person to - order, rule, or regulation made under this Act
relating to the holder of such certificate; and
(a) operate in any civil aircraft for which there is
not currently in effect an airworthiness (g) perform any duties or functions as a member
certificate, or in violation of the terms of any of the crew of an aircraft or maintenance
such certificate; personnel while being under the influence of
alcohol or any psychoactive substance.
64 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 65

(2) The Director-General may, in the public interest, exempt (a) Air Navigation Standards;
a foreign-registered aircraft and airmen serving on the aircraft under
paragraph (a) of subsection (1) but however shall not grant an (b) Aerodrome Standards.
exemption from observing air traffic regulations.
68. The Director-General may, in the discharge of certification Validation.
Training 66. (1) The Director-General may conduct a school or schools and inspection responsibilities, validate the actions of the Civil
school. for the purpose of training employees of the Authority and other Aviation Authority of another State in lieu of taking the specific
persons engaged in the aviation industry in those subjects action, with the following restrictions -
necessary for the proper performance of all authorised functions of
the Authority. (a) for actions on airman or airworthiness
certificates, the other State must be a
(2) The Director-General may authorise attendance at signatory to the Chicago Convention and
courses given in such schools by employees of the Authority and be fulfilling their obligations under the
other persons engaged in the aviation industry. Chicago Convention with respect to the
issuance and currency of these certificates;
(3) The Director-General shall, where appropriate, require
payment of prescribed fees to offset the costs of training provided (b) for actions applicable to Air Operators, the
by such school or schools.
Director-General must exercise discretion
Safety 67. (1) The Director-General shall establish and maintain: andrequire supporting documents and the
Standards Director- General shall ensure that, when
Inspectorate. (a) a Flight Safety Inspectorate to assist in validation is based on the actions of another
carrying out the responsibilities of Standards Civil Aviation Authority, there is no
the Director-General's office for licensing, information to indicate that State does not
certification and on-going inspections of meet their obligations under the Chicago
aircraft, airmen, air operators, aerodromes; Convention regarding certification and on-
and going validation of their air operators.
(b) an Air Navigation and Aerodrome Safety
Standards Inspectorate. 69. (1) The Director-General or any person authorised by him Right access
shall have unlimited and unrestricted access to all civil aviation fo r
personnel, documents, aircraft, aviation facilities, to inspect aircraft, inspection.
(2) The Director-General shall, as required in the interest
of aviation safety, provide the necessary facilities and personnel for aircraft manufacturers and maintenance facilities or organisations,
the efficient and effective implementation of the Flight Safety training facilities (including simulators), and other appliances designed
Standards Inspectorate and the Air Navigation and Aerodrome Safety for use in air transportation, as may be necessary to enable the
Standards Inspectorate for the performance of their functions. Director-General to determine the issuance or granting of a certificate
of registration or approval to such aircraft, aircraft manufacturer and
(3) The following Departments shall be included in the maintenance facility or organisation and other applicable appliances.
Flight Safety Standards Inspectorate-
(a) airworthiness; (2) The Director-General or any person authorised by him shall
(b) flight operations; have unlimited and unrestricted access to civil aircraft wherever they
(c) personnel licensing; and are operated within Sierra Leone for the purposes of ensuring that
(d) aviation medicine.
those aircraft are airworthy and being operated in accordance with
(4) the following Departments shall be included in the this Act, regulations issued under this Act relating to applicable
Air Navigation and Aerodrome Safety Standard Inspectorates -
International Civil Aviation Organisation Annexes.
66 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 67

(3) The Director-General or any person authorised by him (9) The Director-General or any person authorised by him
shall have unlimited and unrestricted access to civil aircraft registered shall have unlimited and unrestricted access to interview any person
in Sierra Leone wherever they are operated in the world for the for the purpose of assessing the standard of security or the
purposes of ensuring that these aircraft are airworthy and are being
implementation of security procedures.
operated in accordance with this Act, regulations issued under this
Act relating to applicable International Civil Aviation Organisation
Annexes. 70. (1) The Director-General shall make regulations requiring Docu ment
to be carried
that an aircraft operating into and within Sierra Leone shall carry on on board
(4) The Director-General or any person authorised by him aircraft.
board the following certificates and documents -
shall have unlimited and unrestricted access to Sierra Leone registered
aircraft at any place and any time to conduct any tests or inspections
in order to determine that those operations are conducted in (a) certificate of registration;
accordance with this Act, regulations issued under this Act relating (b) certificate of airworthiness;
to applicable International Civil Aviation Organisation Annexes. (c) appropriate licenses for each member of the
crew;
(5) The Director-General or any person authorised by him
(d) journey log book containing information on
shall have unlimited and unrestricted access to any land, facility or
building in Sierra Leone or land outside an airport occupied for each flight which shall include -
business purposes connected with an airport or aircraft operator,
including handling, for the purpose of conducting quality control (i) aircraft nationality and registration
activities. marks;
(6) The Director-General or any person authorised by him (ii) date of flight
shall have unlimited and unrestricted access to enter any aircraft
(iii) names of crew members
registered or operating in Sierra Leone for the purpose of inspecting
(iv) duty assignment of crew members
any security procedure.
(v) place of departure
(7) The Director-General or any person authorised by him (vi) place of arrival
shall have unlimited and unrestricted access to require an aircraft (vii) time of departure
operator, airport manager or occupier of land outside the airport used (viii) time of arrival
for business purposes connected with the airport to provide
(ix) duration of flight
information relevant to any audit, inspection, survey, test or
(x) purpose of flight
investigation.
(xi) incidents and observations if any; and
(8) The Director-General or any person authorised by him (xii) signature of the pilot in command
shall have unlimited and unrestricted access to relevant security
documentation and records.
68 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 69

(e) aircraft radio station licences, if the aircraft is 72. (1) A person shall not engage in or carry out the Certification
of aircraft
equipped with radio apparatus; maintenance of an aircraft, aircraft components or aircraft materials maintenance
organisations.
(f) list of names, place of embarkation and
or the manufacture of parts for the purpose of maintenance or
destination of passengers for passengers
associated training activities without a certificate of approval issued
flight;
by the Authority under this Act.
(g) cargo manifest and detailed declaration of
cargo;
(2) A person who contravenes subsection (1) commits
(h) certified copy of air operator certificate;
an offence and shall be liable on conviction to a fine not exceeding
(i) environmental protection certificate or aircraft
noise certificate; 25,000 United States Dollars or equivalent in Leones or to

(j) certificate of insurance: and imprisonment for a term not exceeding 10 years, or to both such fine
(k) any other document that maybe required and imprisonment.
from time to time by orders or regulations
issue by the Director General. 73. (1) A person shall not operate or hold out as an aviation Certification
of aviation
(2) The Authority may waive the requirement of paragraph training organisation without an aviation training certificate issued training
organisations.
(d) if the relevant information is available in the aircraft technical log by the Authority under this Act.
.
(3) An air operator shall ensure that all entries in the
journey log book are made concurrently and are permanent in nature. (2) A person who contravenes subsection (1) commits
an offence and shall be liable on conviction to a fine not exceeding
Authority to 25,000 United States Dollars or equivalent in Leones or to
monitor and 71. (1) The Director-General shall monitor and enforce
enforce compliance with the Conventions, Annexes, Protocols, Standards imprisonment for a term not exceeding 10 years, or to both such fine
compliance
with safe and Recommended Practices of the International Civil Aviation and imprisonment.
transport of
dangerous Organisation and the Organisation's Technical Instructions for the
goods by air
regulation, but may make variations where necessary. transport of dangerous.
(2) The Director-General shall, in exercise of his authority
under goods by air subsection (1), vary the application of the
Technical Instructions for the Safe Transport of Dangerous Goods
by Air to Sierra Leone as he may consider necessary.
70 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 71

PART IX- AIRCRAFT ACCIDENTS AND INCIDENTS (c) investigation of any accident or incident
arising out of or in the course of air navigation
INVESTIGATIONS
and either occurring in or over Sierra Leone
Aircraft 74. (1) The Minister shall have jurisdiction over -
accidents and
or occurring elsewhere to aircraft registered
incidents. in Sierra Leone;
(a) the investigation of any accident or incident,
(d) participation of any persons authorised for
arising out of, or in the course of, air that purpose in accordance with any
navigation and either occurring in or over investigation held under this Act and
Sierra Leone or occurring elsewhere to an regulations made under it relating to the
requirements of Annex 13 to the Chicago
aircraft registered in Sierra Leone; Convention by the competent authorities of
and any other State;

(b) the collection, evaluation, processing, (e) investigation of any incident other than one
storing and dissemination of reports of any to which paragraph (d) applies for the purpose
accident or incident. of securing any information, article or other
material which it is the duty of Sierra Leone to
(2) Notwithstanding any provision under this Act or any furnish to any other State under this Act and
other enactment, where an accident or incident involves a state aircraft regulations made under it relating to the
and a civil aircraft, or a civil aircraft at an aerodrome used principally requirements of Annex 13 to the Chicago
for state aircraft or occurs while a state aircraft was on or in the Convention;
course of taking off from an aerodrome used for purposes of civil
aviation this Act shall apply. (f) prohibiting, pending investigation, access to
or interference with aircraft to which an
(3) The Minister may by statutory instrument, make accident or incident has occurred and
regulations for - authorising any person, so far as may be
(a) provision of facilities and services in support necessary for the purposes of an
of the investigation of accidents and investigation, or for the purpos of determining
incidents; whether an investigation should be held, to
have access to, examine, remove, take measures
(b) notices to be given of any accident or for the preservation of, or otherwise deal with,
incidents to or by such persons as may be any such aircraft;
prescribed;
72 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 73

(g) enabling a person in charge of an 77. The funds of the Directorate consists of - Funds of the
Directorate.
investigation or other inquiry to grant
immunity to any person giving evidence in (a) subventions and budgetary allocations from
the course of such investigation or inquiry the Government;
from prosecution for offences disclosed by
or arising from such evidence; (b) sums accruing to the Directorate by way of
(h) providing for any other matters arising from gifts, endowments, bequests, grants or other
this Act and regulations made under it contributions by persons and organisations,
relating to Annex 13 to the Chicago provided that the terms and conditions
Convention; and attached to any gifts, endowments, bequests
or grants are not inconsistent with the
(i) the conduct of public inquiries into accidents functions of the Directorate;
and incidents. Establishment of Directorate
of Accident Investigation. (c) returns on investments;
Establishment 75. (1) There shall be established, a Directorate of
of Directorate
Investigation which shall be responsible for the investigation of (d) foreign aid and assistance; and
of Accident
Investigation. accident and incidents. (e) all other sums which may, from time to time,
accrue to the Directorate from any lawful
(2) The Directorate of Accident Investigation shall be source.
headed by the Director of Accident Investigation who shall be
appointed by the Minister on such terms and conditions as may be 78. There shall be a Director of Accident Investigation who Functions of
Director of
specified in the instrument of appointment. shall be responsible for - Accident
Investigation.
(3) The Directorate of Accident Investigation may, with
(a) the direction, control and administration of
the approval of the Minister, incur such expenses as necessary to
the Directorate;
discharge the functions of the Directorate.

Accident
(b) determining, in the event of an occurrence of
Investigation.
76. (1) The Director shall, with the approval of the Minister, an accident or incident, whether or not an
appoint on a full-time or part-time basis for the purposes of investigation shall be carried out;
conducting accident and incident investigations such number of
Accident Investigators and other support personnel as may be (c) submitting reports to the Minister of any
necessary to discharge the functions of the Directorate. accident or incident investigation;

(2) An Accident Investigator shall be a person properly (d) issuing notices to the appropriate persons
trained in the investigation of aircraft accidents and incidents. following the occurrence of an accident or
incident; and
74 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 75
(ii) take statements from all such persons
(e) any other function conferred upon him by the
as he thinks fit and to require any such
Minister or under any other law. person to make and sign a declaration
Powers of as to the truthfulness of the statement
Investigation.
79. The Director and Accident Investigators shall, for the made by him;
purpose of investigating an accident or incident -
(iii) enter and inspect any place, building or
(a) have unlimited and unrestricted access to and aircraft the entry or inspection whereof
control of - appears to the Accident Investigator to
be requisite for the purposes of the
(i) the site of the accident or incident as well investigation;
as to the aircraft involved in the accident
or incident, parts of such aircraft, its (iv) require the medical examination of the
contents or its wreckage and to any flight bodies of victims;
recorders and other recording relating
to the flight; (v) require the persons involved in the
(ii) the results of the medical examination of operation of an aircraft to submit to a
the bodies of victims or of tests made on medical examination;
samples taken from the bodies of
victims; (vi) examine, remove, test, take measures for
the preservation of or otherwise deal
(iii) the results of medical examinations of the with any aircraft involved in an accident
persons involved in the operation of the or incident for the purposes of the
aircraft or of tests made on samples taken investigation including flight and data
from such persons; and recorders; and

(iv) any relevant information or records held (vii) take such measures for the preservation
by the owner, the operator or the of evidence as he considers appropriate.
manufacturer of the aircraft and by the
owner or operator of an aerodrome or (viii) delegate an investigation to anothe state
air navigation installation or the civil or to a regional Air Accident
aviation authorities; Investigation organisation.

(b) have power to - 80. To achieve functional independence of the Directorate and Duty to avoid
to ensure the credibility of its investigations, members of the conflict of
(i) summon and examine all such persons Directorate shall avoid actual and potential conflicts of interest in interest.
as he thinks fit and to require such respect of investigations carried out by the Directorate.
persons to answer any question or
furnish any information or produce any 81. (1) Where an aircraft accident or serious incident takes Preservation
books, papers, documents and articles place, the owner, operator, and crew members shall, to the extent of Evidence.
which the Accident Investigator may possible, and until .
consider relevant and to retain any such
books, papers, documents and articles Otherwise instructed by the Director or expect as otherwise required
until the completion of the investigation; by this Act-
76 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 77

(a) take all reasonable measures to protect the (b) records in the custody or control of the
evidence, including documents defined in this Directorate of Accident Investigation
Act; and including-

(b) maintain safe custody of the aircraft and its (i) statements taken from persons by the
contents for such a period as may be accident investigation authority in the
necessary for the purposes of an course of their investigation;
investigation.
(ii) all communications between persons
(2) Sub-section (1) shall not be construed as preventing having been involved in the operation
any person from taking necessary measures to ensure the safety of of the aircraft;
any person and property.
(iii) medical or private information regarding
(3) Where evidence relevant to an accident or serious persons involved in the accident or
incident has to be interfered with pursuant to sub-section (2), the incident;
person directing, supervising or arranging the interference shall, to
the extent possible in the circumstances, and prior to the interference, (iv) recordings and transcripts of recordings
record the evidence by the best means available. from air traffic control units;

Privilege. 82. (1) The sole objective of the investigation of an accident (v) analysis of and opinions about
or incident shall be the prevention of accidents and incidents and information, including flight recorder
not to apportion liability or blame. information, made by the accident
investigation authority and accredited
(2) The report or any part of it shall not be admissible as representatives in relation to the
evidence in any legal, disciplinary or other proceedings. accident or incident;

(3) Subject to subsection (4), no person shall disclose or (vi) the draft Final Report of an accident or
make available to any other person any of the following records for incident investigation;
any purpose other than an investigation carried out under this Act
unless the High Court determines that the benefits resulting from (vii) any other records or information
disclosure or use outweigh the likely adverse domestic and obtained or generated by the accident
international impact the disclosure may have on that or any future investigation authority as part of an
investigation- accident or incident investigation, that
it considers needs to be protected in
(a) cockpit voice recordings and airborne the same manner as the records listed
imagerecordings and any transcripts from above.
such ecordings; and
78 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 79

(4) A record referred to in sub-regulation (3) shall be of other state concerned and to International Civil Aviation
included in a Final Report or its appendices, or in any other report, Organisation , when International Civil Aviation Organisation
only when it is pertinent to the analysis of the accident or incident: documents are involved.
any parts of the records that are not relevant to the analysis shall not
be disclosed. 86. The Director shall re-open an investigation if new and Re-opening.
significant evidence becomes available after the investigation has
(5) An Accident Investigator shall not be compelled to been closed.
appear as a witness, and the opinion of the Accident Investigator
shall not be admissible in any legal, disciplinary or other proceedings 87. Any person who contravenes this Act or regulations made Offence.
relating to an accident or incident investigation. under this Act or without lawful excuse willfully resists or otherwise
Report of investigation. obstructs an Accident Investigator in the execution of his powers
and duties under this Act or the regulations or knowingly gives false
Report of 83. (1) On completion of an investigation into an accident or or misleading information to any inspector or investigator under this
investigation.
incident the Director shall prepare a report of the investigation and Act or makes a report of an accident or incident knowing that such
submit it to the Minister. report is false or misleading commits an offence and is liable to a fine
not exceeding 25,000 United States Dollars or equivalent in Leones
(2) The Director shall, prior to submitting a final report to or to imprisonment to a term not exceeding 10 years, or to both such
the Minister, provide a copy of the draft report or a relevant part fine and imprisonment.
thereof on a confidential basis to the civil aviation authorities, operator
of the aircraft involved in the accident or incident, the owner or 88. The Minister may, where he considers it necessary in the Publici Inquiry.

operator of the aerodrome at which the accident or incident occurred public interest, institute a public inquiry into an accident or incident
where applicable, and to any other person who has a direct interest and such inquiry shall not, unless in the opinion of the Minister
or whose reputation is likely to be adversely affected by the report exceptional circumstances require, be conducted until such time as a
and consider any representations that may be made to him by or on report has been submitted to the Minister after completion of an
behalf of any such persons. investigation.

Publication of 84. The Minister shall determine whether a report or a part of it PART X –ECONOMIC REGULATIONS
report.
shall be made public and shall cause such report to be published in
such form and manner as he thinks fit. 89. (1) A person shall not provide air services unless the Air transport
person - licences.

Safety recom- 85. (1) At any stage of the investigation, the Director shall
mendations. recommend to the appropriate authorities, including those in other (a) holds a licence issued by the Director-General
States, any preventive action that it considers necessary to be taken for that purpose under this Act;
promptly to enhance aviation safety.
(b) obtains from the Authority, an operating
(2) The Director shall address when appropriate, any authorisation in the case of foreign air
safety recommendations arising out of its investigations in a dated operators designated under any air service
transmittal correspondence to the accident investigation authorities agreement to which Sierra Leone is a party;
80 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 81

(c) obtains from the Authority, an approval for 90. (1) A person shall not perform aerial work on a flight for Aerial work
permit.
use of a foreign registered aircraft by a Sierra hire or reward unless the person holds a permit issued under this Act.
Leone licensed air operator;
(2) Any person who performs aerial work on a flight
(d) obtains from the Authority, an operating without a permit commits an offence and shall be liable on conviction
permit for the carrying out of aerial work in to a fine not exceeding 25,000 United States Dollars or equivalent in
Sierra Leone by a foreign based operator. Leones or to imprisonment for a term not exceeding 10 years, or to
both such fine and imprisonment.
(2) The Authority may issue an air service licence to an
applicant only if the applicant - 91. (1) A person shall operate an aircraft on authorised air Air routes and
routes and airways. air-ways.
(a) complies with regulations and other
requirements of the Authority, including the (2) A person who contravenes subsection (1) commits
filing of an insurance policy or self-insurance an offence and shall be liable on conviction to a fine not exceeding
plan approved by the Authority, sufficient to 25,000 United States Dollars or the equivalent in Leones or to
pay, for bodily injury to, or death of, an imprisonment for a term not exceeding 10 years, or to both such fine
individual or for loss of, or damage to, property and imprisonment.
resulting from the operation or maintenance
of the aircraft under the certificate; and

(b) is found to be fit, willing, and able to perform

properly the transportation covered by the
application and to conform to this Act and
the rules, regulations, and the standards of
the Authority prescribed under this Act.

(3) The provisions of subsection (2) are continuing

requirements for an air operator with respect to the transportation
authorised by the Authority and the licence shall not remain in effect
unless the air operator complies with those requirements.

(4) A person who undertakes any of the activities

specified under this section without a licence, an authorisation,
approval or permit commits an offence and shall be liable on conviction
to a fine not exceeding 25,000 United States Dollars or equivalent in
Leones or to imprisonment for a term not exceeding 10 years, or to
both such fine and imprisonment.
82 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 83

Terms and 92. (1) A licence issued under this Part shall specify the (c) the transportation will be in the public
conditions of
licence.
terminal points and intermediate points, if any, between which the air interest; and
operator is authorised to engage in commercial air transport and the
service to be rendered. (d) complies with regulations or orders of the
Authority governing the filing of an insurance
(2) There shall be attached to the statement of the policy or self-insurance plan approved by the
privileges granted by the licence, or any amendment to it, such Minister which is sufficient to pay, for bodily
reasonable terms, conditions, and limitations as the public interest injury to, or death of, an individual or for loss
may require the breach of which shall entitle the Authority to suspend of, or damage to, property, resulting from the
or revoke the licence. operation or maintenance of the aircraft under
the licence.
(3) A licence issued under this section to engage in
international commercial air transport on a scheduled, non-scheduled (4) The provisions of paragraph (c) of subsection (3) are
or charter basis shall designate the terminal and intermediate points continuing requirements for an air operator with respect to the
only in so far as the Authority shall deem practicable and otherwise transportation authorised by the Authority and the licence shall not
shall designate only the general route or routes to be followed. remain in effect unless the foreign air operator complies with such
requirements.
Foreign air 93. (1) A foreign air operator shall not engage in commercial
operators to air transport within Sierra Leone unless there is in force an air service 94. (1) The Authority may alter, amend, modify, a licence, in Power of Au-
be licensed. thority to
licence issued by the Authority for that purpose. whole or in part, for failure to comply with any requirement of this Act
modify, sus-
or any rule, regulation or standards prescribed under it or any term, pen or revoke
(2) Application for a licence shall be made in writing to condition or limitation of the licence. a licence.
the Authority but addressed to the Director-General and shall be in
such formand contain such information as the Authority shall require. (2) A person who has an interest in a licence altered,
amended, modified, suspended, or revoked under subsection (1),
(3) The Authority shall issue a licence if it finds that – may file with the Authority, a protest or memorandum in support of
or in opposition to the alteration, amendment, modification,
(a) the applicant is fit, willing, and able properly suspension, or revocation of a licence.
to perform international commercial air
transport and to conform to the provisions of 95. (1) Subject to subsection (10), the Authority shall draw Charges.
this Act and the rules, regulations, and up a scheme prescribing charges to be paid to the Authority in
standards of the Authority prescribed respect of services or facilities provided by the Authority.
pursuant to this Act;
(2) Notwithstanding the generality of subsection (1), the
(b) the applicant is qualified, and has been services and facilities that the Authority may charge for, include–
esignated by its government, to perform
international commercial air transport under (a) the issuance, renewal or variation of
the terms of an agreement with Sierra Leone; airworthiness certificates;
84 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 85

(b) the issuance, renewal or variation of personnel (6) A charge shall be payable within a period specified
licences; by the Authority, and any failure to pay within the specified period
may attract a penalty which shall be a percentage prescribed by the
(c) aerodrome inspection, certification and Authority and calculated in such manner as may be prescribed by
licensing; the Authority from the due date for payment until the actual date of
payment.
(d) inspection of aircraft;
(7) If the total amount due is not paid within the period
(e) air operator’s certificates; specified, the Authority may seize the aircraft or other property which
is the subject of the amount not paid and the Authority shall retain
(f) the approval of aircraft maintenance the aircraft or property until payment is made in full.
organisations and aviation training
organisations; (8) If the total amount due remains unpaid for a period of
60 days from the date of the seizure of the aircraft or other property
(g) noise and environmental pollution; which is the subject of the amount not paid, the Authority may
commence legal proceedings to sell the aircraft or property in
(h) air transport licences; accordance with such procedure as the Minister may, by statutory
instrument, prescribe.
(i) any other services related to the operation of
aerodromes; (9) The charge referred to under subsection (6) shall be
reasonably related to expenses incurred, or to be incurred, by the
(j) use or rental of any assets of the Authority; Authority in relation to the provision of a service or facility.
and
(10) Notwithstanding subsection (1), the Authority may
(k) any other services related to its functions determine non aeronautical charges or charges other than regulatory
under this Act. charges through a bidding process.

(3) The scheme referred to in subsection (1) shall be 96. (1) The Convention for the Unification of Certain Rules Application
submitted to the Minister for information only before being published Relating to International Carriage by Air signed at Montreal on 28th of Montreal
Convention
in the Action Information Centre in terms of subsection (4). May, 1999 as amended from time to time, shall from the commencement
on Unificat-
of this Act have the force of law and apply to– ion of Rules.
(4) The scheme referred to in subsection (1) shall be
published by the Authority in an Action Information Centre giving (a) international carriage by air to and from Sierra
the effective date of the coming into force of the scheme. Leone in relation to a carriage by air to which
those rules apply; and
(5) The Authority may change and revise charges and
submit such changes or revisions of the charges to the Minister (b) non-international carriage by air within Sierra
before publication in the Action Information Centre in accordance Leone, irrespective of the nationality of the
with subsection (4).
86 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 87

aircraft performing the carriage, and shall, subject to the provisions shall make quarterly returns to the Authority evidencing that such
of this Act, govern the rights and liabilities of adequate insurance is maintained and that all conditions necessary
carriers, passenger, consignors, consignees to create an obligation on the insurer to provide indemnity in the
and other persons. event of a loss have for the time being been fulfilled.

(2) In the case of an aircraft accident resulting in the death (4) A carrier operating air transport services to, from or
or injury of passengers, the carrier shall in accordance with the within Sierra Leone, or aerodrome operator, aviation fuel supplier, or
Convention for the Unification of Certain Rules Relating to any provider of ground services, air traffic control services, aircraft
International Carriage by Air signed at Montreal on 28th May, 1999 – maintenance services, who contravenes the provisions of subsections
(1) and (3) of this section, shall be guilty of an offence and liable on
(a) make advance payments of at least 30,000 conviction to a fine of not less 10,000 United States Dollars or its
United State Dollars within 30 days from the equivalent in Leones and its principal Officers shall be liable to
date of the accident, to the natural person or imprisonment for a term of not less than 2 years.
any natural persons who are entitled to claim
compensation in order to meet the immediate PART XI – ESTABLISHMENT AND MANAGEMENT OF
economic needs of the persons; and AERODROMES

(b) the advance payments shall not constitute 98. (1) The Government or any person or other Authority Establishment
recognition of liability and may be off set may- of aerodro-
mes.
against any amounts subsequently paid as
damages by the carrier. (a) establish and maintain aerodromes; and

Valid Insura- 97. (1) A carrier operating air transport services to, from or (b) provide and maintain in connection with
nce Docum-
ent within Sierra Leone, or aerodrome operator, aviation fuel supplier, aerodromes, roads, approaches, apparatus,
or any provider of ground handling services, metrological services, equipment and buildings and other
air traffic control services, aircraft maintenance services, or provider accommodation, in accordance with this Act.
of such other class of allied service as the Authority may from time
to time determine in writing shall maintain adequate insurance (2) The Government or any person or other authority may,
covering its liability under this Act and also its liability towards for the purpose of exercising the powers conferred by subsection (1),
compensation for damages that may be sustained by third parties for acquire land or any right in or over land by agreement or in accordance
an amount to be specified in regulations made by the Authority. with any law in force relating to the acquisition of land for public
purposes.
(2) The absence of such insurance shall be sufficient
reason for refusal, suspension or revocation of the permission to 99. (1) A person shall not establish a private aerodrome Priva te
operate the air transport service or services in question. unless that person holds a certificate issued for that purpose under aerodromes.
this Act.
(3) A person having a duty to maintain adequate
insurance pursuant to the provision of subsection (1) of this section
88 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 89

(2) A person who contravenes subsection (1) commits an (3) The terms and conditions under which the facilities
offence and shall be liable on conviction to a fine not exceeding referred to in subsection (1) shall be made available and shall be
25,000 United State Dollars or equivalent in Leones or to imprisonment determined by agreement between the Authority and the Government
for a term not exceeding 10 years, or to both such fine and authority or agency concerned.
imprisonment.
Public use of 100. (1) A person shall not establish an aerodrome for public 104. (1) Where the Authority is satisfied, with respect to any Obstructions
aerodromes. building or structure in the vicinity of an aerodrome to which this near aerodr-
use unless an aerodrome certificate for that aerodrome has been issued omes.
by the Authority under this Act. section applies, that in order to avoid danger to aircraft flying in that
vicinity in darkness or conditions of poor visibility, provision ought
(2) Any person who contravenes subsection (1) commits to be made (whether by lighting or otherwise) for giving to such
an offence and shall be liable on conviction to a fine not exceeding aircraft warning of the presence of that building or structure, it may
25,000 Dollars or equivalent in Leones or to imprisonment for a term
by order direct (subject to any conditions specified in the order)
not exceeding 10 years, or to both such fine and imprisonment.
that the operator of the aerodrome and any person acting under the
Environmental 101. The Government or any person or other authority shall, in operator’s instructions-
factors to be
considered in
establishing aerodromes under paragraph (a) of subsection (1) of
establishing section 98, have regard to the need to minimise so far as reasonably (a) execute, install, maintain, operate, and as
aerodromes. practicable - occasion requires repair and alter, such works
and apparatus as may be necessary for
(a) any adverse effect on the environment; and
enabling such warning to be given in the
(b) any disturbance to the public, from noise, manner specified in the order, and
vibrations, atmospheric pollution or any other
cause attributable to the use of aircraft for the (b) that the land be entered or passed over (with
purpose of civil aviation.
or without vehicles) as may be specified in
Power to 102. (1) The Authority shall have the power to certify and grant the order: Provided that, no such order shall
certify licences in respect of aerodromes and to establish minimum safety
aerodromes. be made in relation to any building or structure
standards for the design, operation and maintenance of, aerodromes.
if it appears to the Authority that there have
been made, and are being carried out,
Customs, 103. (1) The Authority shall ensure that suitable facilities are satisfactory mergence.
immigration made available to the relevant Government authorities and agencies
and health
services.
at airports for the provision of customs, immigration and health (c) that no works shall be executed on any land
services. unless, at least 14 days previously, the
operator of the aerodrome to which the order
(2) The provision of the customs, immigration and health
services referred to in subsection (1) shall not be the responsibility relates has served in the manner specified by
of the Authority, but of the appropriate Government authority or the order on the occupier of that land, and
agency. on every other person known by the operator
to have an interest in the land, a written notice
containing such particulars of the nature of
the proposed works, and the manner in which
90 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 91

and the time at which it is proposed to execute them, as may be (3) A person who contravenes subsection (1), commits
specified by the order; an offence and is liable on conviction to imprisonment for a term not
less than 6 months or a fine not less than the equivalent of 5,00
(d) no steps shall be taken in pursuance of the United States Dollars or equivalent in Leones or both such fine and
notice under paragraph (c) without the imprisonment; and any person who wilfully obstructs a person in the
specific authorisation of the Authority, if exercise of any of the powers conferred by such an order as aforesaid
within 14 days from the service of the notice shall be guilty of an offence and liable on conviction to imprisonment
on any person having such an interest, the for a term not less than 6 months or a fine not less than 5,00 United
operator of the aerodrome receives written States Dollars or equivalent in Leones or both such fine and
objection onthe part of that person to the imprisonment.
proposals contained in the notice; and
(4) Nothing in this section shall operate, in relation to
(e) the operator of the aerodrome to which the any building or structure, so as to restrict the doing of any work for
order relates shall pay to any person having the purpose of repairing, altering, demolishing or removing the
an interest in any land affected by the order building or structure if-
adequate compensation for any loss or
damage which that person may suffer in (a) notice of the doing of the work is given as
consequence of the order, and for the soon as may be practicable to the operator of
purposes of this subsection any expense the aerodrome; and
reasonably incurred in connection with the
lawful removal of any apparatus installed in (b) the giving of warning of the presence of the
pursuance of such an order, and so much of building or structure in the manner provided
any expense incurred in connection with the by any order under this section in force in
repair, alteration, demolition or removal of any relation thereto is not interrupted.
building, structure or erection to which such
an order relates as is attributable to the 105. (1) Subject to sub-section (2), any person who trespasses Trespass on
operation of the order, shall be deemed to be onland forming part of an aerodrome or upon which navigational aids aerodrome.
loss or damage suffered in consequence of or any ancillary facility is situated shall be guilty of an offence and
the order. liable on conviction, to imprisonment for a term not less than 1 month
or a fine of not less than 100 United State Dollars or equivalent in
(2) The ownership of anything shall not be taken to be Leones or both such fine and imprisonment.
affected by reason only that it is placed in, or affixed to, any land in
pursuance of such an order as aforesaid; and so long as any such (2) A person shall not be liable under this section, unless
order in respect of an aerodrome in force, no person shall, except with it is proved that at the material time, notices warning trespassers of
the consent of the operator of the aerodrome, wilfully interfere with their liability under this section were posted, so as to be readily seen
any works or things which, to the knowledge of that person, are and read by members of the public, in such position on or near the
works or things executed or placed in, on or over any land in pursuance boundary of the aerodrome or land upon which any navigational aid
of the order. or ancillary facility is situated as appear to the court to be proper.
92 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 93

Restriction on 106. (1) The Minister may make regulations for the purposes (4) The Authority shall, to the extent practicable, require
use ofadjac-
ent land.
of preventing lands adjacent to or in the vicinity of an aerodrome or uniform procedures for the inspection, detention, and search of
site from being used or developed in a manner that is, incompatible persons and property in domestic commercial air transport and
with - international commercial air transport to assure their safety.
(a) the operation of an aerodrome;
108. The Authority shall- Aviation
security
(b) the safe operation of an aircraft; policies.
(a) develop aviation security policies and
(c) the use or operation of equipment or facilities requirements consistent with the provisions
to provide services relating to aeronautics of Annex 17;
without causing interference with signals.
(b) issue rules, orders, circulars or directives to
(2) The Authority shall monitor the development on land require the implementation of immediate
adjacent to or in the vicinity of aerodromes or aerodrome sites in security measures; and
order to ensure compliance with regulations made by the Minister
under subsection (1). (c) provide oversight for the implementation of
aviation security policies and requirements.
PART XII –AVIATION SECURITY
109. (1) The Authority shall develop, implement and maintain National Civil
Aviation 107. (1) The Director-General shall prescribe regulations to theNational Civil Aviation Security Programme and give effect to the Aviation
security. Security
empower and authorise aviation security inspectors to carry out requirements contained therein.
Programme.
security oversight activities in an effective and timely manner.
(2) Without prejudice to the generality of subsection (1),
(2) The Authority shall by regulations prescribe that all the Authority shall-
passengers and all property intended to be carried in the aircraft hold
or cabin in air transport be screened by any appropriate means, (a) require airport operators to develop implement
including x-ray metal detection or physical search or other procedures and maintain aviation security programme for
or facilities employed or operated by personnel or employees or every airport;
agents of an air operator or foreign air operator prior to boarding the
aircraft for transportation. (b) require airlines to develop, implement and
maintain airline security programme for every
(3) The Authority may by regulations prescribe such airline operating in Sierra Leone;
other reasonable rules requiring such practices, methods and
procedures as the Authority may consider necessary to protect (c) conduct constant analysis of the level of
persons and property aboard aircraft engaged in commercial air threat to civil aviation and initiate such action
transport operation against acts of criminal violence and aircraft by airlines, airports, providers of security
piracy. services and other organisations contributing
to the program, as is sufficient to effectively
mitigate the perceived level of threat;
94 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 95

(d) establish, implement and maintain a national Advanced Passenger Information to the State prior to departure or
civil aviation security training programme for arrival of the flight in the territory of Sierra Leone.
training of personnel involved in or
responsible for the National Civil Aviation PART XIII – AVIATION SECURITY OVERSIGHT
Security Programme;
112. (1) The Authority shall have a Security Oversight Unit to Security
(e) establish, implement and maintain a National assist in carrying out the responsibilities of the Director General’s Oversight
Unit.
Civil Aviation Security Quality Control office with respect to regulating aviation security.
programme for measuring and ensuring
ongoing compliance and effectiveness of the (2) A Security Oversight Unit under subsection (1) shall
National Civil Aviation Security Programme, comprise Aviation Security Inspectors who shall, under the
national civil aviation security training supervision and direction of the Director-General, carry out security
programme and operator security programme. oversight activities.

Power to 110. The Director-General or an officer of the Authority (3) The primary objective of the Security Oversight Unit
search. authorised in that regard by the Director-General may stop and is to ensure-
search-
(a) protection and safety of passengers, crew,
(a) any vehicle entering or leaving a restricted ground personnel and the general public
or prohibited place or area of an airport; against acts of unlawful interference with civil
aviation; and
(b) any person or vehicle entering or leaving
any area of an airport, if he has reasonable (b) rapid response to meet any security threat.
grounds for suspecting that an offence under
this Act has been committed or is about 113. (1) The Authority shall develop, implement and maintain National Civil
Aviation
to be committed, or as part of routine a National Civil Aviation Security policy. Security
procedure; policy.
(2) Without prejudice to the generality of subsection (1), the
(c) any aircraft on the ground or any aerodrome Authority shall-
for reasons of safety or security.

Establishment 111. (1) The Authority shall be the coordinating agency on (a) develop a national aviation security policy for
of Advanced matters relating to Advanced Passenger Information in line with approval by government with requirements
Passenger
Informa tion internationally recognised standards. consistent with the provisions of Annex 17;
System.
(2) The Authority may, in consultation with relevant (b) issue decrees, orders, circulars or directives
agencies make regulation requiring that air operators submit to require the implementation of immediate
security measures; and
96 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 97

(c) provide oversight for the implementation of (2) The Authority may, on such terms and conditions as
aviation security policies and requirements. it may determine as being in the public interest, exempt a foreign
aircraft and airmen serving on the aircraft from subsection (1), but
PART XIV – OFFENCES AND PENALTIES exemption from observing air traffic regulations shall not be granted.
Offences. 114. (1) It shall be an offence any person to- Civil
115. (1) A person, other than a person conducting an
penalties.
(a) operate in civil aviation, a civil aircraft for operation in domestic commercial air transport or international
which there is not currently in effect an commercial air transport, who violates any provision of this Act or
airworthiness certificate, or in contravention any rule, regulation, or order issued under it shall be subject to a civil
of any terms or conditions of the certificate; penalty not exceeding 20,000 United States Dollars or equivalent in
Leones for each such violation and if any such violation is a continuing
(b) serve in any capacity as an airman in one, each day of such violation shall constitute a separate offence.
connection with any civil aircraft, aircraft
engine, propeller or appliance used or
(2) A person conducting an operation in domestic
intended for use in civil aviation without an
airman certificate authorising that person to commercial air transport or international commercial air transport who
serve in the capacity, or in contravention of violates any provision of this Act or any rule, regulation, or order
any term, condition, or limitation of the issued there under shall be subject to a civil penalty not exceeding
certificate, or in contravention of any order, 200,000 United States Dollars or its equivalent in Leones for each
rule or regulation prescribed under this Act; such violation and where such violation is a continuing one, each
day of such violation shall constitute a separate offence.
(c) employ for service, in connection with a
civil aircraft used in civil aviation, an airman
who does not have an airman certificate (3) The Director-General shall have power to assess and
authorising him to serve in the capacity for collect any civil penalty.
which the person is employed;
(4) In determining the amount of such penalty, the
(d) operate as an air operator without an air Director-General shall take into account the nature, circumstances,
operator certificate, or in contravention of any extent, and gravity of the violation committed and, with respect to
term or condition of the certificate;
the person found to have committed such violation, the degree of
(e) operate aircraft in civil aviation in culpability, history of prior offences, ability to pay, effect on ability
contravention of any rule, regulation or to continue to do business, and such other matters as justice may
certificate issued by the Authority under this require.
Act; and
(5) The Minister may, by statutory instrument, make
(f) while holding a certificate issued to a school regulations governing the assessment and application of civil
or repair organisation or shop as provided in
penalties, and shall provide guidance concerning the amounts of
this Act, to contravene any term, condition,
or limitation thereof or contravene any order, penalties applicable to certain violations of this Act or any regulations
rule, or regulation made under this Act relating made under it.
to the holder of such certificate.
98 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 99

(6) The Minister may, by statutory instrument, make (b) displays or causes to be displayed on an
regulations to adjust the amount of civil monetary penalties to reflect aircraft any mark that is false or misleading as
inflation, at least every 5 years. to the nationality or registration of the aircraft,
commits an offence and is liable on conviction
(7) A civil aircraft involved in violation of this Act and to a fine not exceeding 5,000 United States
the violation is by the owner or operator of the aircraft, such aircraft Dollars or the equivalent in Leones or
shall be subject to a lien for the penalty. imprisonment for a term not exceeding 10
years, or to both such fine and imprisonment.
(8) A person who-
(2) A person who -
(a) with actual knowledge of the facts of the
(a) with intent to interfere with air navigation
occurrence; or within Sierra Leone, exhibits within Sierra
Leone any light, signals, or communication at
(b) can be imputed to have actual knowledge as such place or in such manner that is likely to
a reasonable person exercising reasonable be mistaken for a true light or signal
care in the circumstances, offers or accepts established pursuant to this Act, or for a true
dangerous goods for commercial air transport light or signal in connection with an airport or
other air navigation facility, or, after due
in contravention of this Act in relation to
warning by the Authority, continues to
Annex 18 to the Chicago Convention or the maintain the misleading light or signal; or
International Civil Aviation Organization
Technical Instruction for the Safe Transport (b) knowingly removes, extinguishes, or
of Dangerous Goods by Air, shall be subject interferes with the operation of any true light
to a civil penalty not exceeding 10,000 United or signal, commits an offence and is liable on
States Dollars or equivalent in Leones for the conviction to a fine not exceeding 20,000
United States Dollars or imprisonment for a
violation of each part of the Act or regulations
term not exceeding 10 years, or to both such
made under it relating to Annex 18 to the fine and imprisonment.
Chicago Convention or the International Civil
Aviation Organization Technical Instruction (3) Any air operator, or any officer, agent, employee, or
for the Safe Transport of Dangerous Goods representative of an air operator, who -
by Air.
(a) knowingly and wilfully fails or refuses to make
General a report to the Authority required by this Act;
criminal
116. (1) A person who knowingly and wilfully -
penalties. (b) fails or refuses to keep or preserve any
(a) forges, counterfeits, alters, or falsely makes accounts, record or memorandum in the form
any certificate authorised to be issued under and manner prescribed or approved by the
this Act, or knowingly uses or attempts to Authority;
use the certificate; or
(c) mutilates or alters any report, accounts, record
or memorandum; or
100 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 101

(d) files any false report, account, record or (6) The High Courts of Sierra Leone shall have jurisdiction
memorandum, to try offenders under this section where -

commits an offence and is liable on conviction to a fine not exceeding (a) the offence is committed on board an aircraft
10,000 United States Dollars or imprisonment for a term not exceeding registered in Sierra Leone;
5 years, or to both such fine and imprisonment.
(b) the aircraft on board which the offence is
(4) A person who neglects or refuses to attend and testify, committed lands in Sierra Leone with the
or to answer any lawful inquiry, or to produce books, papers, or alleged offender(s) still on board;
documents, in obedience to a subpoena or lawful requirement of the
Authority or any employee of the Authority authorised in that behalf (c) the offence is committed on board an aircraft
commits an offence and is liable on conviction to a fine not exceeding leased without crew to a lessee who has his
500 United States Dollars or its equivalent in Leones or imprisonment principal place of business in Sierra Leone or
for a term not exceeding one year, or to both such fine an imprisonment. if he has no principal place of business, his
permanent residence is in Sierra Leone; and
Hijacking. 117. (1) The provisions contained in the convention for the
Suppression of the Unlawful Seizure of Aircrafts signed at the Hague (d) the offence is committed on board a non-
on the 16th day of December 1970 shall from the commencement of Sierra Leone registered aircraft while such an
this Act have the force of law in Sierra Leone. aircraft is within the territory of the Republic
of Sierra Leone.
(2) A person who on board an aircraft in flight unlawfully,
by force or threat of force or by any other form of intimidation, seizes Interference
118. (1) A person who, while on board a civil aircraft - with crew
orexercises control of that aircraft, commits the offence of hijacking members, etc.
of that aircraft. (a) assaults, intimidates or threatens a crew
member, whether physically or verbally, if the
(3) A person who attempts to commit an act referred to in assault, intimidation or threat interferes with
subsection (2) in relation to an aircraft, or abets the commission of
the performance of the duties of the crew
the act, is also deemed to have committed the offence of hijacking of
the aircraft. member or flight attendant, including any
steward or stewardess of such aircraft or
(4) A person who commits the offence of hijacking shall lessens the ability of the crew member to
be liable on conviction to imprisonment for life and also to a fine of perform those duties; or
not less than One hundred United States Dollars (or its equivalent in
Leones); (b) refuses to follow a lawful instruction given
by the aircraft commander, or on behalf of the
(5) A person who, while committing the offence of aircraft commander by a crew member, for the
hijacking of an aircraft, commits an act of violence against a passenger purpose of ensuring the safety of the aircraft
or member of the crew of the aircraft, is liable to the punishment or of any person or property on board the
imposed under any law for the time being in force in Sierra Leone if
aircraft, or for the purpose of maintaining
the act had been committed in Sierra Leone.
102 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 103

good order and discipline on board the 119. A person who, while on board a civil aircraft - Other civil
aircraft
aircraft, commits an offence and is liable on offences.
conviction to a fine not exceeding 2,000 United (a) smokes in a lavatory, or smokes elsewhere in
States dollars or equivalent in Leones or a manner likely to endanger the safety of the
imprisonment for a term not exceeding 5 years aircraft;
or to both such fine and imprisonment, and if
he uses a deadly or dangerous weapon in the (b) tampers with a smoke detector or any other
commission of the offence, to imprisonment safety-related device on board the aircraft; or
for a term of 14 years.
(c) operates a portable electronic device when
(2) A person who while on board a civil aircraft applies such act is prohibited, commits an offence
any physical violence against a person or sexually assaults a person and is liable on conviction to a fine not
or molests a child commits an offence and is liable on conviction to exceeding 100 United States Dollars or
a fine not exceeding 2,000 United States Dollars or equivalent in equivalent in Leones or imprisonment for a
Leones or imprisonment for a term not exceeding 5 years or to both term not exceeding 1 year, or to both such
such fine and imprisonment, and if he uses a deadly or dangerous fine and imprisonment.
weapon in the commission of the offence, to imprisonment for a term
of 14 years. 120. (1) A person who, while on board, or while attempting to Weapon and
board, an aircraft in, or intended for operation in commercial air explosive
violations.
(3) A person who while on board a civil aircraft- transport operation-

(a) assaults, intimidates or threatens another (a) has on or about his person or property a
person, whether physically or verbally; concealed deadly or dangerous weapon,
which is, or would be accessible to the person
(b) intentionally causes damage to, or destruction in flight; or
of property; or
(b) has on or about his person, or has placed,
(c) consumes alcoholic beverages or drugs attempted to place, or attempted to have
resulting in intoxication, placed aboard the aircraft any bomb or similar
explosive or incendiary device,
commits an offence and is liable on conviction to a fine not exceeding
2,000 United States Dollars or equivalent in Leones or imprisonment commits an offence and is liable on conviction to a fine not exceeding
for a term not exceeding 5 years or to both such fine and imprisonment, 5,000 United States Dollars or its equivalent in Leones or imprisonment
and if he uses a deadly or dangerous weapon in the commission of for a term not exceeding 10 years, or to both such fine and
the offence, to imprisonment for a term of 14 years. imprisonment.
104 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 105

(2) A person who wilfully and without regard for the safety registered, not being a law of a political nature
of human life, or with reckless disregard for the safety of human life, or based on racial or religious discrimination,
does an act prohibited by subsection (1) commits an offence and is then, subject to subsection (5), the
liable on conviction to a fine not exceeding 5,000 United States Dollars commander may take such reasonable
or its equivalent in Leones or imprisonment for a term not exceeding measures, including restraint of the person,
10 years, or to both such fine and imprisonment. as may be necessary for any of the purposes
protecting the safety of the aircraft and
persons on board the aircraft.
(3) This section shall not apply to -
(2) The commander may take any measure under
(a) law enforcement officers of Sierra Leone or of subsection (1) to-
another State as agreed by Sierra Leone, who
are authorised or required within their official (a) protect the safety of the aircraft and persons
capacities to carry arms; on board the aircraft;

(b) persons who may be authorised by the (b) maintain good order and discipline on board
Director-General to carry deadly or dangerous the aircraft; or
weapons in commercial air transport; or (c) enable the commander to disembark or deliver
that person in accordance with subsection
(c) persons transporting weapons contained in (6).
baggage which is not accessible to
passengers in flight, if the presence of the (3) The commander may require the assistance of other
weapons has been declared to the air operator. crew members and may request, but not require, the assistance of
passengers, or authorise other crew members and passengers to
Interference 121. (1) Where the commander of an aircraft in flight, wherever restrain any person whom the commander is entitled to restrain.
with safe
operation of the aircraft may be, has reasonable grounds to believe that a person
(4) A crew member or passenger may also take reasonable
aircraft. on board the aircraft - preventive measures without any authorization under subsection
(3) when he has reasonable grounds to believe that the action is
(a) has done or is about to do any act on the immediately necessary to protect the safety of the aircraft, or of
aircraft while it is in flight which jeopardises persons or property on board the aircraft.
or may jeopardise -
(i) the safety of the aircraft or of persons (5) A restraint imposed on a person on board an aircraft
on board the aircraft, or under this section shall be discontinued after the first time, following
the restraint, when the aircraft ceases to be in flight, unless before, or
(ii) the good order and discipline on board as soon as is reasonable practicable after that time, the commander
the aircraft; or of the aircraft notifies the appropriate authority of the country where
the aircraft ceases to be in flight that a person is restrained and the
(b) has done any act which in the opinion of the reasons for the restraint.
commander is an offence under any law in
force in the country in which the aircraft is
106 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 107

(6) Where the commander complies with subsection (5), (8) Where the commander of an aircraft–
the restraint may continue -
(a) disembarks a person in pursuance of
(a) for any period (including the period of any paragraph (a) of subsection (7), in the case of
further flight) between the time the aircraft a Sierra Leonean registered aircraft, in any
ceased to be in flight under subsection (5) country or, in the case of any other aircraft, in
and the first occasion after that on which the Sierra Leone he shall report the facts of and
commander is able with any requisite consent the reasons for, the disembarkation to–
of the appropriate authorities to disembark or
deliver the person under restraint in (i) the appropriate authority in the country
accordance with subsection (7); or of disembarkation, and

(b) if the person under restraint agrees to (ii) the appropriate diplomatic or consular
continue his or her journey under restraint on officer of the country of nationality of
board the aircraft. the person;

(7) Where the commander of an aircraft has reasonable (b) intends to deliver a person in pursuance of
grounds to believe that a person on board the aircraft- paragraph (b) of subsection (7) in Sierra
Leone, or in the case of a Sierra Leonean
(a) has done or is about to do any act on the registered aircraft, in any other country, which
aircraft while it is in flight which jeopardises is a contracting State, he shall before, or as
or may jeopardise – soon as reasonably practicable after landing,
give notification of his intention and of the
(i) the safety of the aircraft or of persons reasons for it–
on board the aircraft, or
(i) to the appropriate authority; and
(ii) the good order and discipline on board
(ii) in either case, to the appropriate
(iii) it is necessary to do so in order to protect diplomatic or consular officer of the
the safety of the aircraft or of persons or country of nationality of that person.
property on board the aircraft or to
maintain good order and discipline on (9) The commander of an aircraft who, without reasonable
board the aircraft, he may disembark that cause, fails to comply with the requirements of subsection (8) commits
person in any country in which that an offence and is liable on summary conviction to a fine of 100,000
aircraft may be; or Leones.

(b) has done on the aircraft while in flight any act (10) A person who wilfully and with reckless disregard of
which in the opinion of the commander is an the safety of human life, interferes or attempts to interfere with the
offence under any law in force in the country safeoperation of an aircraft in, or intended for operation in, the special
in which the aircraft is registered, not being a aircraft jurisdiction of Sierra Leone, commits an offence and is liable
law of a political nature or based on racial or on conviction to a fine not exceeding 10,000,000 Leones or
religious discrimination, he may deliver that imprisonment for a term not exceeding 10 years, or to both such fine
person to the appropriate authority. and imprisonment.
108 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 109

Unlawful commits an offence and is liable on conviction to a fine of not less

interference
122. (1) A person who unlawfully and intentionally -
with civil than 50,000 United States Dollars or its equivalent in Leones and not
aviation. exceeding 100,000 United States Dollars or its equivalent in Leones
(a) performs an act of violence against a person
or imprisonment for a term not less than 10 years, or to both the fine
on board an aircraft in flight, on ground if that and imprisonment.
act is likely to endanger the safety and
security of that aircraft; 123. A person who imparts or conveys or causes to be imparted False
or conveyed false information, knowing the information to be false, information.
concerning an attempt or alleged attempt being made or to be made,
(b) destroys an aircraft in service or causes to do an act which is an offence under this part commits an offence
damage to the aircraft in a manner that renders and is liable on conviction to a fine not exceeding 2,000 United States
it incapable of flight or which is likely to Dollars or its equivalent in Leones or imprisonment for a term not
endanger the safety of the aircraft in flight; exceeding 5 years or to both such fine and imprisonment.

124. A person who knowingly and without authority removes, Removing,

(c) places or causes to be placed on an aircraft in conceals, or withholds any part of a civil aircraft an accident, or any concealing or
withholding
service by any means whatsoever a device or property which was aboard the aircraft at the time of the accident, part of
substance that is likely to destroy that aircraft commits an offence and is liable on conviction to a fine not exceeding aircraft
5,000,000 Leones and to imprisonment for a term not exceeding 5 involved in
or to cause damage to the aircraft that renders accident.
years, or to both such fine and involved in imprisonment.
it incapable of flight or that is likely to
endanger the safety of the aircraft in flight; or 125. A person who wilfully –
Dangerous
goods.

(d) obstructs, interferes with, destroys, steals or (a) delivers or causes to be delivered to an air
causes damage to a communication, or operator for commercial air transport; or
navigation system, surveillance system,
(b) recklessly causes the transportation in
instrument, cables or any part of the systems commercial air transport or shipment of any
or instruments used in civil aviation; cargo, baggage, or other property in
contravention of this Act and regulations
(e) communicates information which he knows made under it relating to Annex 18 of the
Chicago Convention and the International
to be false, thereby endangering the safety of
Civil Aviation Organization Technical
an aircraft in flight; Instruction for the Safe Transport of
Dangerous Goods by Air, commits an offence
(f) any disorderly behaviour in and around a civil and is liable on conviction to a fine not
aviation facility, exceeding 5,000 United States Dollars or its
equivalent in Leones or imprisonment for a
110 No. 7 The Civil Aviation Act 2019 No. 7 The Civil Aviation Act 2019 111

term not exceeding five years or to both such PART XV – MISCELLANEOUS PROVISIONS
fine and imprisonment.
128. (1) Sections 59 and 60 of the Sierra Leone Airports Repeals.
Authority Act, 1988 are hereby repealed.
Prosecution 126. The Attorney-General or the Director of Public
by Attorney- Prosecutions at the request of the Director-General, may institute all
General. (2) The Civil Aviation Act, 2017 is hereby repealed.
necessary proceedings for the enforcement of this Act, or any term,
condition or limitation of any permit, certificate or licence issued 129. (1) Any regulation, order or other statutory instrument Regulations.
under this Act and for the punishment of any contravention defined made under the Civil Aviation Act, 2008 and in force immediately
in this Act. before the commencement of this Act shall continue to be in force
with such modifications as are necessary to bring them into
conformity with this Act, or until revoked under this Act.
Procedure for 127. (1) A civil penalty imposed or assessed under this Act
civil
penalties.
may be collected by proceedings against the person subject to the (2) All licences, certificates, orders, rules and other
penalty and, in the case of an aircraft subject to a lien for the penalty, statutory instruments made under the Civil Aviation Act, 2008 shall
by proceedings against the aircraft. remain in force until their expiration or are expressly repealed.

(2) An aircraft subject to a lien for a civil penalty may be 130. The Director-General may, make such regulations, orders Savings.
and rules, as may be considered necessary or expedient to give effect
seised by and placed in the custody of the Director-General.
to and for the better carrying out the objects and purposes of this
Act, to provide generally for regulating air navigation and air transport
(3) A report of the seizure and the basis for the seizure and for carrying out and giving effect to the Chicago Convention
shall be promptly transmitted to the Attorney-General, and the and the Annexes thereto.
Attorney-General shall, where necessary, promptly institute judicial
proceedings for the enforcement of the lien against an aircraft seized Passed in Parliament this 29th day of August , in the year of our Lord two
by the Director-General. thousand and nineteen.
(4) An aircraft shall be released from custody of the
Director-General on–
PARAN UMAR TARAWALLY
(a) the payment of the penalty or the amount Clerk of Parliament.
agreed on in compromise;

(b) the seizure in pursuance of judicial

proceedings for enforcement of the lien; or THIS PRINTED IMPRESSION has been carefully compared by me with the Bill
(c) notice by the Attorney-General of failure to which has passed Parliament and found by me to be a true and correct printed copy
institute such proceedings; or of the said Bill.
(d) the deposit of a bond in such amount as the PARAN UMAR TARAWALLY
Director-General may prescribe, conditioned Clerk of Parliament.
on payment of the penalty or the amount
agreed on in compromise. PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTING DEPARTMENT, SIERRA LEONE.
EXTRAORDINARY GAZETTE NO. 64 OF 29TH AUGUST, 2019.