Sweeping changes proposed
The New Zealand government proposes sweeping changes to the country’s aviation sector regulations, ranging from damaged or lost luggage compensation, drug and alcohol management and the assessment of airline alliances to making it an offence to harm or assault an aviation security officer’s dog
The overhaul is part of a new Civil Aviation Bill announced on 10 May by Transport Minister Phil Twyford. The current bill, which seeks to combine the Airport Authorities Act 1966 and the Civil Aviation Act 1990 and currently runs to about 400 clauses, is expected to be introduced to Parliament within the next 12 months and passed in mid-to-late-2020.
“Safety is our top transport priority and the proposed laws will make our airports, and flying, safer for New Zealanders and visitors to our country,” said Mr Twyford.
Officials of both the MOT and CAA have worked on the bill since reviews of the Civil Aviation (CAA) Act, domestic aviation security, and drug and alcohol policy in 2014/15. New proposals have been added during drafting of the bill, and the public will have until 6 July to provide feedback. The ministry is also holding meetings with airports, airlines and the wider aviation community to discuss the changes.
Key planned changes include streamlining the old rules and will see that commercial aviation bisinesses involved in safety sensitive areas must develop drug and alcohol management plans, including random testing of safety sensitive workers. The CAA Director will also have the power to undertake non-notified drug and alcohol testing, for which the present CAA Act has no provisions.
Allowing passengers to lodge claims for up to $20,000 for parties and $15,000 for individuals with the New Zealand Disputes Tribunal for lost, delayed or damaged baggage is a quicker and less costly option than the courts, but disputes over airline claims have not generally been available. This will also provide a more acceptable option than much lower payouts from airlines, usually under $US2500 ($3825).
Aviation Security (Avsec) staff rights will include the power to conduct stowed baggage searches of international and domestic flights without the consent of passengers where there is a risk to aviation security or safety that requires an immediate response.
In the absence of a pilot on board an unmanned aircraft (drone), the duties, powers and obligations of the pilot in command fall to the operator of the aircraft. Definition of accidents will now include unmanned aircraft, overriding present rules where there is no requirement to notify drone accidents. This has limited the CAA’s ability to investigate them, understand their safety risks and regulate them effectively. The CAA will also have the power to detain, seize and destroy drones if they are deemed a danger to people or property.
Defence force personnel will be able to act as aviation security officers (ASO) at airports when there is a significant security incident and screening is required at short notice. The new act will make it an offence to assault an ASO or harm the officer’s dog. Existing rules apply only to obstructing officers.
It will also provide a more robust regime for the authorisation of airline co-operative agreements, including setting an explicit and clear requirement that the minister assess whether the arrangements are in the public interest. A time limit and conditions would also be attached to any approval.
The bill will be scrutinised by the Justice Department to ensure it meets Bill of Rights requirements.
- Report by John King.
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