IS 1.3.3Legal Enforcement Actions

General Policies, Procedures, and Definitions

In Part 1 of the Curaçao Civil Aviation Regulations, general administrative rules are described, as well as investigative, enforcement and safety management procedures. Definitions are included, as are lists of enforcement actions and psychoactive substances. The full text of CCAR Part 1 is contained in this section.

Table 1. Recommended Sanctions

Violation Recommended Sanction per Violation Certificate Action
I. AIR OPERATORS AND AIRPORT OPERATORS
1. Maintenance manual
(a) Failure to maintain current manual Up to 7 day suspension
(b) Failure to provide adequate instructions & procedures in manual
(c) Failure to distribute manual to appropriate personnel
(d) Release of aircraft without required equipment Up to 7 day suspension
2. Failure to comply with airworthiness directives
3. Operations specifications
(a) Failure to comply with inspection and overhaul time limitations Up to 7 day suspension
(b) Operations contrary to operations specifications – technical noncompliance
(c) Operations contrary to operations specifications – likely potential or actual adverse effect on safe operations
4. Failure to provide adequately for proper servicing, maintenance, repair, and inspection of facilities and equipment Indefinite suspension until proper servicing maintenance, repair, and inspection of facilities and equipment is provided to revocation.
5. Failure to provide or maintain a maintenance & inspection organisation Indefinite suspension until appropriate maintenance and inspection organisation is provided to revocation.
6. Training programme
(a) Failure to have or maintain an effective training programme Indefinite suspension until compliance is demonstrated to revocation
(b) Failure to maintain training programme
(c) Failure to train personnel adequately
7. Maintenance or Aircraft Paperwork
(a) Incomplete or unsigned release
(b) Failure to revise aircraft data after repair
8. Performance of maintenance
(a) By unauthorised person
(b) Failure to perform or improper maintenance
9. Failure to revise aircraft data after repair
10. Records and reports
(a) Failure to make accurate mechanical interruption summary report
(b) Failure to make available reports of major alterations or repairs Indefinite suspension to revocation
(c) Failure to make accurate mechanical reliability reports
(d) Failure to keep maintenance records
(e) Failure to make required entry in aircraft log
(f) Failure to make available pilot records Indefinite suspension to revocation
(g) Failure to make available load manifests Indefinite suspension to revocation
(h) Failure to monitor and record enroute radio communications
(i) Deliberate violation – intentional false or fraudulent entry; reproduction, or alteration in record or report Revocation
(j) Deliberate violation – other 180 day suspension to revocation
11. Operation of an unairworthy aircraft
(a) Technical non-conformity to type certificate, but no likely effect (potential or actual) on safe operation
(b) Non-conformity which may have, or has, an adverse effect on safety of operation
(c) Release of aircraft without required equipment Up to 7 day suspension
12. Provisions specific to passenger-carrying
(a) Boarding or serving alcoholic beverages to a person who appears to be intoxicated
(b) Failure to brief passengers
(c) Failure to ensure seat and belt for each passenger
(d) Operation without operable public address system
(e) Failure to store baggage properly
13. Failure to make available a seat on the flight deck for Authority inspectors conducting an en route inspection
14. Provisions specific to flight deck crew
(a) Using an unqualified crewmember
(b) Using a crewmember with an expired medical certificate
(c) Flight and duty time violations
15. Violation of flight dispatch and release
16. Other provisions
(a) Improperly returning an aircraft to service
(b) Illegal carriage of controlled substance with knowledge of carrier, i.e., knowledge of management personnel Revocation
(c) Use of unqualified personnel other than flight deck crewmember
17. Security violations
(a) Failure to properly screen baggage or each passenger
(b) Unauthorised access to airport operations area`
(c) Failure to comply with air carrier security programme, including failure to detect weapons, incendiary and other dangerous devices
(d) Management personnel coerce, condone, or encourage falsification of records/reports Revocation
(e) Deliberate failure to maintain employee records
(f) Failure to challenge
(g) Failure to test screeners or test equipment 30 to 45 day suspension
(h) Failure to properly train 30 to 120 day suspension
(i) Unintentional failure to maintain screener test records 30 to 60 day suspension
(j) Improper use of dosimeters
(k) Failure to display identification
(l) Failure to manage/control identification system
(m) Failure to conduct background check
(n) Failure to detect test objects
(o) Failure to comply with approved or current security programme
(p) Failure of the law enforcement officer to respond in a timely manner
II. PERSONNEL OF AIR CARRIERS Revocation
1. Maintenance, including inspections
(a) Performing maintenance without a licence, rating or authorisation
(b) Performing maintenance that exceeds limitations 30 to 45 day suspension
(c) Failure to perform maintenance properly 30 to 120 day suspension
2. Inspection personnel
(a) Failure to make required inspection 30 to 60 day suspension
(b) Making improper inspection 30 to 120 day suspension
(c) Improperly releasing an aircraft to service 30 to 60 day suspension
(d) Releasing aircraft for service without required equipment 30 to 60 day suspension
3. Records and reports
(a) Failure to make entries in aircraft log 15 to 60 day suspension
(b) Failure to make entries in worksheets 15 to 30 day suspension
(c) Failure to make entries in other maintenance record 15 to 30 day suspension
(d) Failure to sign off work or inspection performed 15 to 30 day suspension
(e) Failure to complete and sign maintenance release 15 to 30 day suspension
(f) Intentional falsification of records or reports Revocation
4. Pre-flight
(a) Failure to use pre-flight cockpit checklist 30 to 60 day suspension
(b) Failure to check aircraft logs, flight manifests, weather, etc. 30 to 90 day suspension
(c) Failure to make the required inspection 30 to 60 day suspension
(d) Failure to inspect, or improper inspection of, aircraft 15 to 30 day suspension
(e) Failure to ensure seat and belt available for each passenger 30 to 60 day suspension
5. Taxiing
(a) Failure to adhere to taxi clearance or instruction 30 to 60 day suspension
(b) Collision while taxiing 30 to 180 day suspension
(c) Jet blast 30 to 120 day suspension
(d) Taxiing with passenger standing 30 to 60 day suspension
(e) Taxiing off runway, taxiway or ramp 30 to 90 day suspension
6. Takeoff
(a) Takeoff against instruction or clearance 60 to 120 day suspension
(b) Takeoff below weather minima 60 to 120 day suspension
(c) Takeoff in overloaded aircraft (in excess of maximum gross weight) 60 to 120 day suspension
7. Enroute
(a) Deviation from clearance or instruction 30 to 90 day suspension
(b) Operating VFR within clouds 90 day suspension to revocation
(c) Operation of unairworthy aircraft 30 to 180 day suspension
(d) Unauthorised departure from flight desk 15 to 30 day suspension
(e) Operating within restricted or prohibited area, or within positive control area with clearance 30 to 90 day suspension
(f) Operating without required equipment 15 to 120 day suspension
(g) Fuel mismanagement/exhaustion 30 to 150 day suspension
(h) Operating contrary to NOTAM 30 to 90 day suspension
(i) Unauthorised manipulation of controls 30 to 90 day suspension
8. Approach to landing
(a) Deviation from clearance or instruction in terminal area 30 to 90 day suspension
(b) Approach below weather minimums 60 to 120 day suspension
(c) Exceeding speed limitation in airport traffic areas 30 to 60 day suspension
9. Landing
(a) Landing at wrong airport 90 to 180 day suspension
(b) Deviation from instrument approach procedure 30 to 90 day suspension
(c) Overweight landing 30 to 90 day suspension
(d) Hard landing 15 to 60 day suspension
(e) Short or long landing 30 to 180 day suspension
(f) Wheels up landing 15 to 90 day suspension
(g) Failure to comply with preferential runway system 15 day suspension
(h) Deviating from clearance or instruction 30 to 90 day suspension
10. Unauthorised admission to flight deck 30 to 90 day suspension
11. Failure to close and lock cockpit door to 30 day suspension
12. Acting, or attempting to act, as flight crewmember while under the influence of liquor or other psychoactive substances, or alcoholic beverage consumption within 8 hours Emergency revocation
13. Denial of authorised entry to flight deck by credentialed CAA inspector 30 to 60 day suspension
14. Flight and duty time limitations 15 to 90 day suspension
15. Operation without required licence, certificate or rating
(a) Medical certificate 30 to 90 day suspension
(b) Lack of type rating 180 day suspension to revocation
(c) Missed proficiency check or line check 30 to 90 day suspension
(d) Lack of current experience, initial or recurrent training 30 to 90 day suspension
(e) Failure to have current medical certificate or licence or authorisation in possession
(f) Operation with known disqualifying physical disability Revocation
(g) Operation without valid medical certificate when not medically qualified or application for medical certificate deferred Revocation
16. Failure to keep manual current 30 to 90 day suspension
III. INDIVIDUALS AND GENERAL AVIATION—OWNERS, PILOTS, MAINTENANCE PERSONNEL, APPROVED MAINTENANCE ORGANISATIONS, APPROVED TRAINING ORGANISATIONS
1. Owners and operators other than required crewmembers
(a) Failure to comply with airworthiness directives
(b) Failure to perform or improper performance of maintenance, including required maintenance
(c) Failure to make proper entries in aircraft logs
(d) Operation of aircraft beyond annual, 100-hour, or progressive inspection
(e) Operation of unairworthy aircraft
(f) Intentional falsification of any entry, reproduction, or alternation in any record or report Revocation
2. Aviation maintenance organisations
(a) Failure to provide adequately for proper servicing, maintenance repairs, and inspection Indefinite suspension until compliance to revocation
(b) Failure to provide adequate personnel who can perform, supervise, and inspect work for which the station is rated to 7-day suspension and thereafter until adequate personnel are provided Indefinite suspension until compliance to revocation
(c) Failure to have enough qualified personnel to keep up with the volume of work to 7-day suspension and thereafter until certificate holder has enough qualified personnel to 7-day suspension and thereafter until certificate holder has enough qualified personnel
(d) Failure to maintain records of supervisory and inspection personnel
(e) Failure to maintain performance records and reports
(f) Failure to ensure correct calibration of all inspection and test equipment is accomplished at prescribed intervals
(g) Failure to set forth adequate description of work performed
(h) Failure of mechanic to make log entries, records, or reports
(i) Failure to sign or complete maintenance release
(j) Inspection of work performed and approval for return to service by other than a qualified inspector Up to 30 day suspension
(k) Failure to have an adequate inspection system that produces satisfactory quality control Up to 30 day suspension and thereafter until an adequate inspection system is attained.
(l) Maintaining or altering an article for which it is rated, without using required technical data, equipment, or facilities Up to 30 day suspension
(m) Failure to perform or properly perform maintenance, repairs, alterations, or required inspections Up to 30 day suspension
(n) Maintaining or altering an airframe, powerplant, propeller, instrument, radio, or accessory for which it is not rated. Suspension or revocation
(o) Failure to report defects or unairworthy conditions to the Authority in a timely manner.
(p) Failure to satisfy housing and facility requirements Suspension until housing and facility requirements are satisfied
(q) Change of location, housing, or facilities without advance written approval suspension until approval is given
(r) Operating as a certificated repair station without a repair station certificate
(s) Failure to permit Authority to inspect Suspension until Authority is permitted to inspect. Indefinite suspension until Authority is permitted to inspect.
3. General aviation maintenance personnel
(a) Failure to revise aircraft data after major repairs or alterations 30 to 60 day suspension
(b) Failure to perform or improper performance of maintenance 30 to 120 day suspension
(c) Failure of mechanic to properly accomplish inspection 30 to 60 day suspension
(d) Failure of mechanic to record inspection 15 to 30 day suspension
(e) Failure of Inspection Authorisation holder to properly accomplish inspection 60 suspension to revocation
(f) Failure of Inspection Authorisation holder to record inspection 15 to 30 day suspension
(g) Maintenance performed by person without a certificate
(h) Maintenance performed by person who exceeded certificate limitations 15 to 60 day suspension
(i) Improper approval for return to service 30 to 120 day suspension
(j) Failure to make maintenance record entries 30 to 60 day suspension
(k) Failure to set forth adequate description of work performed 15 to 30 day suspension
(l) Falsification of maintenance records Revocation
4. Student operations
(a) Carrying passengers Revocation
(b) Solo flight without endorsement 45 to 90 day suspension
(c) Operation on international flight 60 to 90 day suspension
(v) Exceeding operating limitations 30 to 90 day suspension
(w) Operation within prohibited or restricted area, or within positive control area 30 to 90 day suspension
(x) Failure to adhere to right of way rules 30 to 90 day suspension
(y) Failure to comply with VFR cruising altitudes 30 to 90 day suspension
(z) Failure to maintain required minimum altitudes over structures, persons, or vehicles over:
i. Congested area 60 to 180 day suspension
ii. Sparsely populated area 30 to 120 day suspension
(aa) Failure to maintain radio watch while under IFR 30 to 60 day suspension
(bb) Failure to report compulsory reporting points under IFR 30 to 60 day suspension
(cc) Failure to display position lights 30 to 60 day suspension
(dd) Failure to maintain proper altimeter settings (ee) Weather operations: 30 to 60 day suspension
i. Failure to comply with visibility minimums in controlled airspace 60 to 180 day suspension
ii. Failure to comply with visibility minimums outside controlled airspace 30 to 120 day suspension
iii. Failure to comply with distance from clouds requirements in controlled airspace 60 to 180 day suspension
iv. Failure to comply with distance from clouds requirements outside of controlled airspace 30 to 120 day suspension
(ff) Failure to comply with IFR landing minimums 45 to 180 day suspension
(gg) Failure to comply with instrument approach procedures 45 to 180 day suspension
(hh) Careless or reckless operations:
i. Fuel mismanagement/exhaustion 30 to 150 day suspension
ii. Wheels up landing 30 to 60 day suspension
iii. Short or long landing 30 to 90 day suspension
iv. Landing on or taking off from closed runway 30 to 60 day suspension
v. Landing on or taking off from ramps or other improper areas 30 to 120 day suspension
vi. Taxiing collision 30 to 90 day suspension
vii. Leaving aircraft unattended with motor running 30 to 90 day suspension
viii. Propping aircraft without a qualified person at controls 30 to 90 day suspension
ix. Unauthorised dropping of object from aircraft 30 to 60 day suspension
x. Unauthorised towing 30 to 60 day suspension
xi. Acrobatic flight on airway, over congested area, below minimum altitude, etc. 90 to 180 day suspension
xii. Taking off with insufficient fuel 30 to 150 day suspension
xiii. Operating so as to cause a collision hazard 60 to 180 day suspension
xiv. Taxiing aircraft off runway, taxiway, or ramp 30 to 90 day suspension
(ii) Passenger operations
i. Operation without approved seat or berth and approved safety belt for each person on board the aircraft required to have them during takeoff, en route flight, and landing. 30 to 60 day suspension
ii. Carrying passengers who are under the influence of drugs or alcohol 60 to 120 day suspension
iii. Performing acrobatics when all passengers are not equipped with approved parachutes 60 to 90 day suspension
iv. Use of unapproved parachute 30 to 60 day suspension
v. Permitting unauthorized parachute jumping 30 to 90 day suspension
vi. Carrying passenger(s) without required recent flight experience 30 to 120 day suspension
7. ID plate violations
(a) CCAR 4: Improper removal, changing or placing of identification information on a product
i. Inadvertent
ii. Intentional misrepresenting identity of product Revocation
(b) CCAR 4: Improper removal or installation of identification place
i. Inadvertent
ii. Intentional misrepresenting identity of product Revocation
8. Approved training organisations
(a) Knowingly permitting school aircraft to be used for unlawful carriage of controlled substances or other illegal activities Revocation
(b) Refusal to permit inspection of facilities, equipment, personnel, records, or certificate by the Authority Indefinite suspension until Authority is permitted to inspect, up to revocation.
(c) False advertising
(d) Improper crediting to or graduation of student
i. Inadvertent
ii. Intentional Revocation
(e) Refusal to permit CAA test, check or examination of student Indefinite suspension until Authority is permitted to test, check or examine, up to revocation.
(f) Unqualified or unauthorised instruction
(g) Failure to establish or maintain training record
(h) Failure to carry checklist or operator’s handbook
IV. SECURITY AND SAFETY VIOLATIONS BY INDIVIDUALS
1. Checked baggage
(a) Failure to declare unloaded firearm
(b) Loaded firearm
(c) Incendiary/explosive criminal referral
2. Non-passengers: No intent to board
(a) Possession of firearm (unloaded, unloaded with ammunition accessible, or loaded) or other dangerous or deadly weapon (including stun guns):
i. At screening point with no aggravating circumstances
ii. At screening point with aggravating circumstances
iii. In sterile area with no aggravating circumstances
iv. In sterile area with aggravating circumstance
(b) Possession of incendiary/explosive at screening point or in sterile area with no intent to board a flight. criminal referral
(c) Artful concealment of firearm (loaded or unloaded), other dangerous or deadly weapon (including stun guns), or incendiary/explosive at screening point or in sterile area. criminal referral
3. Passengers: Intent to board
(a) Possession of dangerous or deadly weapon (including stun guns, mace, etc., but excluding firearms and incendiary/explosives)that would be accessible in flight in air transportation:
i. At screening point with no aggravating circumstances
ii. At screening pint with aggravating circumstances
iii. In sterile area or aboard aircraft with no aggravating circumstances
iv. In sterile area or aboard aircraft with aggravating circumstances
(b) Possession of firearm that would be accessible in flight in air transportation with firearm unloaded, without accessible ammunition:
i. At screening point with no aggravating circumstances
ii. At screening pint with aggravating circumstances
iii. In sterile area or aboard aircraft with no aggravating circumstances
iv. In sterile area or aboard aircraft with aggravating circumstances
(c) Possession of firearm that would be accessible in flight in air transportation with firearm loaded, or with accessible ammunition:
i. At screening point with no aggravating circumstances
ii. At screening pint with aggravating circumstances
iii. In sterile area or aboard aircraft with no aggravating circumstances
iv. In sterile area or aboard aircraft with aggravating circumstances
(d) Artful concealment of dangerous or deadly weapon (including stun guns, but excluding firearms and incendiary/explosives) at screen point, in sterile area, or aboard aircraft. criminal referral
(e) Possession of incendiary/explosive at screening point, in sterile area, or aboard aircraft that would be accessible in flight in air transportation. criminal referral
(f) Artful concealment of firearm or incendiary/ explosive at screening point, in sterile area, or aboard aircraft. criminal referral
4. Other acts
(a) Entering sterile area after failing to submit to screening – non-aggravated
(b) Entering sterile area after failing to submit to screening –aggravated
(c) Imparting or conveying false information concerning an attempt to do an act that would be a crime prohibited by the Curaçao Civil Aviation Law]
(d) Threatening overt act or other intent to use or dangerously display firearm, incendiary/explosive, or other deadly or dangerous weapon (including stun guns) criminal referral
(e) Violation of of the Curaçao Civil Aviation Law Criminal referral
5. Unruly passengers
(a) Interference with crewmember
(b) Physical assault or threat to physically assault a flight or cabin crewmember
(c) Physical assault or threat to physically assault an individual other than a crewmember
(d) Acts in a manner that poses imminent threat to safety of aircraft or other individuals on aircraft
(e) Smoking while “No Smoking’ sign is lighted
(f) Smoking in aircraft lavatory
(g) Tampering with smoke detector
(h) Failure to fasten seat belt while seat belt sign is lighted
(i) Failure to occupy an approved seat or berth with a safety belt, and, if installed, shoulder harness properly secured during movement on the surface takeoff, or landing
(j) Operating a portable electronic device
(k) Drinking alcoholic beverages not served by operator
6. Special Emphasis Enforcement – Individuals Aiming Laser Beam at Aircraft
(a) Single, first-time, inadvertent or non-deliberate violation by individual
(b) Deliberate violation by an individual not holding an airman certificate
(c) Deliberate violation by an airman certificate holder, regardless of whether airman was exercising the privileges of his or her certificate at the time of the violation. Revocation (in addition to civil penalty)
7. Falsification
(a) Intentionally false or fraudulent entry, reproduction, or alteration on an application or a licence or certificate or rating or approval Revocation of authorised certificates
8. Miscellaneous
(a) Carriage of illegal substances on aircraft Revocation
(b) Conducting operation without required operating certificate 60 to 120 day suspension
(c) Misuse of an aerodrome-approved identification medium
i. Making an incorrect statement on an application for a personnel licence or medical certificate Indefinite suspension (pending correction of application and determination of qualification) or revocation of personnel licence or
medical certificate
ii. Refusal to produce personal licence and/or associated medical certificate 30 day suspension, and until produced to revocation
V. AIRCRAFT OWNER/OPERATOR REGISTRATION VIOLATIONS
(a) Operation of an unregistered aircraft 30 to 90 day suspension of pilot licence
(b) Operation of an aircraft without an effective and valid Certificate of Aircraft Registration on board 30-90 day suspension of pilot certificate
(c) Failure to return an ineffective or invalid Certificate of Aircraft Registration Revoke Certificate of Aircraft Registration
(d) Use of registered aircraft to carry out or facilitate unlawful activities Mandatory revocation of Certificate of Aircraft Registration and of all other Certificates of Aircraft Registration issued to its owner, and revocation of all personnel licences and medical certificate
VI. ALL INDIVIDUALS AND ENTITIES
(a) Failure to surrender suspended or revoked licence, authorisation or other approval, or medical certificate

Curaçao Civil Aviation Regulations Version 2.8 (October 14 2015)