T. GEORGE’S, Grenada, Grenada, has taken the first step to making more than 20 amendments to the 2004 Civil Aviation Act.
This legislation which is a model OECS (Organisation of Eastern Caribbean States) law, makes provisions with respect to the regulation, operation, and control of Civil Aviation in Grenada.
Phillip Telesford, Leader of Government Business in the House, presented the Bill to legislators and explained that the amendments seek to reflect and implement Grenada’s obligations under the Agreement to enact legislation to facilitate the functions of ECCAA for the collective benefit of the Participating States of ECCAA.
“This Bill forms part of a suite of amending legislation, including the Protocol to amend the Eastern Caribbean Civil Aviation Authority Agreement and the Eastern Caribbean Civil Aviation Authority Agreement (Amendment of Schedule) Order, 2022,” he said while explaining that the legislation has been recommended by ECCAA to improve legislative deficiencies resulting in ECCAA and the airports of Participating States being downgraded from Category 1 to Category 2 by the Federal Aviation Authority of the United States of America (“FAA”).
The amendments are already approved by legislators in St Kitts and Nevis, and when it’s approved during the meeting of the Upper House next week, Monday, December 19th, 2022, Grenada will become the second OECS country to comply with the recommendations aimed at improving safety measures at regional airports.
Among the changes is a new indictable offense that carries a maximum of EC$50,000 or five-year imprisonment.
“The new offense is wilfully committing or attempting to commit any act of unlawful interference that jeopardizes the safety of civil aviation and would be an indictable offense,” Telesford told members when he presented the Bill for debate.
He explained that the new insertion into section 40 specifies the penalties for contravention of an indictable offense. “While section 40 (2) (a) provides that contraventions of paragraph (a) to (l) of section 40(1) are indictable offenses, no penalty was provided,” he said before outlining the penalty.
The new subsections provide for the following maximum penalties: in the case of an individual, $50,000, 5 years imprisonment, or both, and in the case of a corporation, $150,000,” he said.
Section 40, which is subtitled “Prohibitions, offenses, and punishment,” says, among other things, that no person shall— (a) wilfully destroy any document required under this Act to be kept; (b) make or cause to be made any false entry in a record required under this Act to be kept with intent to mislead or wilfully omit to make any entry in any such record; and except as authorized under this Act, wilfully operate or otherwise deal with an aircraft that has been detained under this Act;
It also prohibits any person from operating any aircraft in such a negligent or reckless manner as to endanger or to be likely to endanger the safety of persons or property; endanger the safety of an aircraft by interference with its navigation equipment, safety equipment, or with aerodrome safety services facilities and operate as a crew member of an aircraft while under the influence of alcohol or a prohibited substance to such an extent so as to impair his or her ability to carry out his or her assigned duties.
Telesford told the House that the amendment is placing heavy emphasis is being placed on security as it relates to safety. “The amendments also provide for the director general to develop a new safety program for the region,” he said.
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