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 |