Nigeria Proposes Passengers Bill Of Right
| Published on 11 April 2012 |
by Lateef Lawal
(WireNews+Co)
Lagos, Nigeria
The Nigerian Civil Aviation Authority(NCAA) will on Wednesday,April,11 be holding stakeholders confab on the much touted Bill of Right to take care of air travellers and industry’s interests in case of any abuse either from the service providers to their customers or vice-versa. The meeting to be presided over by the Director General of NCAA, Dr Harold Demuren in which all airlines, service providers, ground handling companies, members of the public and allied companies have been invited to take part will for the first time be having a public presentation of the Passengers’ Bill of Right with a view to have in-puts from all the stakeholders after which the draft will be endorsed by the Director General of NCAA and sent to federal government's printer and then gazetted. The confab expected to hold at the NCAA headquarters annex, Murtala Mohammed International Airport, Ikeja, Lagos will be declared opened at 9.00am.
The executive summary of the notice of the proposed rule making under the title-Your Fly Rights- run thus:
*If your flight will be re-routed or delayed, you must be notified at least 2hours in advance.
*If you have a ticket or print-out that shows a confirmed reservation for a specific flight and date, an agent cannot deny you boarding because you have no reservation in the computer.
*If you need to cancel a ticket purchased under a nonrefundable fare, you must be able to apply the fare you paid toward a future flight, minus any applicable charge or cancellation fees.
*You have a duty to arrive before the time on your ticket.
*Even if you have already checked in for your flight, an airline can cancel your reservation if you are not at the departure gate on time.
*You must be compensated if a flight departs before the ticketed time.
*If you do not check your baggage in sufficient time for it to be loaded on your flight, the airline will not be responsible for any delay in the delivery of your baggage to your destination.
*If however, your baggage is delayed or lost, you must be compensated within 5 business days.
*If your flight is delayed for over 1hour, cancelled or you are denied boarding, you have a right to compensation.
*You have a duty to be courteous to staff and agents of airline operators.
*If airline staff or agents treat you discourteously, you must be compensated by the airline.
*You have a right to refreshments in-flight and when there is a delay of more than 1hour.
*The airline must provide decent lodging and feeding for you if your flight is delayed overnight.
*As a passenger with mobility or other special needs, you have a right to priority treatment.
*You have a right to sanitary restrooms in-flight.
*You have a right to best price information; and flexible/refundable tickets at cost.
*All adults are required to present photo identification upon check-in and at boarding.
*If too many people show up for your flight, the airline must ask for volunteers to give up their seats for rewards from the airline (such as vouchers for future travel, a hotel stay or even cash.) The rewards must be negotiated on an individual basis with the airline.
*If you are involuntarily denied boarding, the airline must explain your rights in a written document, which must state how the airline decides who gets to stay on an oversold flight. You may keep your ticket and use it on another flight. If you choose to make alternative arrangements, you can request an "involuntary refund" for the ticket.
*You have a right to choose between quiet and entertainment in-flight.
READ THE FULL TEXT OF THE NOTICE OF THE PROPOSED RULE MAKING
PASSENGERS’ BILL OF RIGHTS
19.17 Passengers’ Bill of Rights/ Airlines Obligations
19.17.1 Scope and Applicability
This part shall apply to the establishment, among other things and under the conditions specified herein, minimum rights and obligations for passengers and air carriers where:
a. There is an incidence of “No-show” and Overbooking;
b. Passengers are denied boarding against their will;
c. A scheduled flight is delayed;
d. A scheduled flight is cancelled.
19.17.1.1 These Regulations shall apply:
a. to passengers departing from an airport located within the Nigerian territory to another airport within Nigeria;
- to passengers departing from an airport located in another country to an airport situated within Nigeria, unless they received benefits or compensation and were given assistance in that other country, if the operating air carrier of the flight concerned is a Nigerian carrier;
c.to foreign air transportation with respect to non-stop flight segments originating at a point within Nigeria.
19.17.1.2 In respect of section 19.17.1.1 of this Regulation, it shall apply on the condition that a passenger:
=a. has a confirmed reservation on the flight concerned and, except in the case of cancellation referred to in section 19.17.5, present himself/herself for check-in, as stipulated and at the time indicated in advance and in writing (including by electronic means) by the air carrier, tour operator or an authorized travel agent, or, if no time is indicated, not later than 1 hour before the published departure time; or
- has been transferred by an air carrier or tour operator from the flight for which he/she held a reservation to another flight, irrespective of the reason.
19.17.1.3 These Regulations shall not apply to passengers travelling free of charge or at a reduced fare not available directly or indirectly to the public. However, it shall apply to passengers having tickets issued under a frequent flyer programme or other commercial programme by an air carrier or tour operator.
19.17.1.4 These Regulations shall apply to any operating air carrier providing transport to passengers covered in 19.17.1.1 and 19.17.1.2 above. Where an operating air carrier, which has no contract with the passenger, performs obligations under these Regulations, it shall be regarded as doing so on behalf of the carrier having a contract with that passenger.
19.17.1.5 These Regulations shall not apply in cases where a packaged tour is cancelled for reasons other than cancellation of the flight.
19.17.2 “No Show” and Overbooking
19.17.2.1 No Show: A passenger who shows-up on a later date/time other than the scheduled date/time of departure on his/her ticket may be considered for wait-listing on another flight subject to seat availability after meeting the airlines requirement(s).
19.17.2.2 Overbooking: An air carrier may overbook a scheduled flight in contemplation of the possibility of some passengers not showing up for that flight.
19.17.3 Denied Boarding
19.17.3.1 An air carrier shall have the following obligations in the event of an oversold flight:
(a) ensure that the smallest practicable number of persons holding confirmed reserved space on that flight are denied boarding involuntarily;
(b) request for volunteers for denied boarding before applying boarding priority.
19.17.3.2 Any other passengers denied boarding except in accordance with Section 19.17.3.1, is considered for purposes of this Regulation to have been denied boarding involuntarily, even if the passengers accept the denied boarding compensation. Volunteers shall be assisted in accordance with Sections 19.17.6 and 19.17.7 (Compensation Provision), such assistance being additional to the benefits mentioned in this paragraph.
19.17.3.3 In relation to each passenger solicited to volunteer for denied boarding, no later than the time the air carrier solicits that passenger to volunteer for denied boarding, the air carrier shall:
a. advise whether he or she is in danger of being involuntarily denied boarding and, if so, the compensation the carrier is obligated to pay if the passenger is involuntarily denied boarding;
- disclose all material restrictions, including but not limited to administrative fees, advance purchase or capacity restrictions, and blackout dates applicable to the offer before the passenger decides whether to give up his or her confirmed reserved space on that flight in exchange for the free or reduced rate transportation.
19.17.3.4 If an insufficient number of volunteers come forward, the carrier may deny boarding to other passengers in accordance with its boarding priority procedures.
19.17.3.5 Boarding priority procedures
19.17.3.5.1 Every operating air carrier shall establish priority procedures and criteria for determining which passengers holding confirmed reserved space shall be denied boarding on an oversold flight if an insufficient number of volunteers come forward. Such procedures and criteria shall reflect the obligations of the operating air carrier set forth in section 19.17.3.1 and 19.17.3.2 to minimize involuntary denied boarding and to request volunteers, and shall be written in such manner as to be understandable and meaningful to the average passenger. Such procedures and criteria shall not make, give, or cause any undue or unreasonable preference or advantage to any particular person or subject any particular person to any unjust or unreasonable prejudice or disadvantage in any respect whatsoever.
19.17.3.5.2 Boarding priority factors may include, but are not limited to, the following:
i. passengers on urgent medical trips;
ii. a passenger’s time of check-in;
iii. whether a passenger has a seat assignment prior to boarding;
iv. the fare paid by a passenger;
v. a passenger’s frequent-flyer status;
vi. a passenger’s reduced mobility status, including unaccompanied minor;
vii. Families (maximum of two adults) where at least one child is aged five years or under.
19.17.3.5.3 If an insufficient number of volunteers come forward to allow the remaining passengers with reservations to board the flight, the operating air carrier may then deny boarding to passengers involuntarily.
19.17.3.5.4 If boarding is denied to passengers involuntarily, the operating air carrier shall immediately compensate them in accordance with Sections 19.17.6 and 19.17.7; and assist them in accordance with Sections 19.17.8, 19.17.9 and 19.17.10.
19.17.3.5.5 Every air carrier shall develop and file with the Authority Boarding Priority Procedures consistent with these Regulations.
19.17.4 Delay
19.17.4.1 Domestic Flights
19.17.4.1.1 For domestic flights, when an operating air carrier reasonably expects a flight to be delayed beyond its scheduled time of departure, it shall provide the passengers the assistance specified below:
a. immediately after one hour, the assistance specified in section 19.17.8.1(a) (Refreshments) and section 19.17.8.2 (telephone calls, SMS and E-mails)
- at a time between 10p.m. and 4a.m., or at a time when the airport is closed at the point of departure or final destination, the assistance specified in sections 19.17.8.1(c) and 19.17.8.1(d) (hotel accommodation and transport); and
- two hours and beyond, the assistance specified in section 19.17.7.1(a) (Reimbursement)
19.17.4.2 International Flights
19.17.4.2.1 For international flights, when an operating air carrier reasonably expects a flight to be delayed beyond its scheduled time of departure, it shall provide to the passengers the assistance specified below:
a. between two and four hours, the assistance specified in sections 19.17.8.1(a) and 19.17.8.2;
- for four hours or more the assistance specified in sections 19.17.8.1(b) and 19.17.8.2; and
- when the reasonably expected time of departure is at least six hours after the time of departure previously announced, the assistance specified in sections 19.17.8.1(c) and 19.17.8.1(d).
19.17.4.2.2 In any event, the assistance shall be provided within the time limits set out above.
19.17.5 Cancellation
19.17.5.1 In case of cancellation of a flight, the passengers concerned shall:
a. Be offered assistance by the operating air carrier in accordance with Sections 19.17.6 and
- Be offered assistance by the operating air carrier in accordance with Sections 19.17.7(1)(a) and 19.17.7(2), as well as, in the event of re-routing when the reasonably expected time of departure of the new flight is at least the day after the departure as it was planned for the cancelled flight, the assistance specified in Sections 19.17.7(1)(b) and 19.17.7(1)(c);
- In respect of domestic flights, have the right to compensation by the operating air carrier in accordance with Section 19.17.8, unless they are informed of the cancellation at least twenty-four hours before the scheduled time of departure.
- In respect of international flights, have the right to compensation by the operating air carrier in accordance with Section 19.17.8, unless:
i. they are informed of the cancellation at least seven days before the scheduled time of departure; or
- they are informed of the cancellation between seven and three days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than two hours before the scheduled time of departure and to reach their final destination less than four hours after the scheduled time of arrival; or
- they are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival.
19.17.5.2 When passengers are informed of the cancellation, an explanation shall be given concerning possible alternative transport.
19.17.5.3 An operating air carrier shall not be obliged to pay compensation in accordance with section 19.17.5, if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
19.17.5.4 The burden of proof concerning any question as to whether and when the passenger has been informed of the cancellation of the flight shall rest with the operating air carrier.
19.17.6 Right to Compensation
19.17.6.1 Where reference to compensation is made in this Part, passengers shall receive at least:
a. 25% of the fares or passenger ticket price for all flights within Nigeria.
b.30% of the passenger ticket price for all international flights.
19.17.6.2 When passengers are offered re-routing to their final destination on an alternative flight pursuant to Section 19.17.8, the arrival time of which does not exceed the scheduled arrival time of the flight originally booked:
a. by one hour, in respect of all domestic flights;
(b) by three hours, in respect of all international flights, the operating air carrier may reduce the compensation provided for in paragraph 19.17.6.1by 50%.
19.17.6.3 The compensation referred to in Section 19.17.7(1) shall be paid in cash, by electronic bank transfer, bank orders or bank cheques or, with the signed agreement of the passenger, in travel vouchers and/or other services.
19.17.6.4 Where compensation is made in voucher, the voucher shall be redeemable at all sales outlets of the air carrier providing the voucher.
19.17.7 Right to Reimbursement or Re-routing
19.17.7.1 Where reference to reimbursement or re-routing is made in this Part, passengers shall be provided any of the following choices:
a. immediate reimbursement in cash for domestic flights and reimbursement within fourteen days for international flights, by the means provided for in sections 19.17.6.3 (method of payment), of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan, together with, when relevant, a return flight to the first point of departure, at the earliest opportunity;
- re-routing, under comparable transport conditions, to their final destination at the earliest opportunity; or
- re-routing, under comparable transport conditions, to their final destination at a later date at the passenger's convenience, subject to availability of seats.
19.17.7.2 Section 19.17.7.1(a) shall also apply to passengers whose flights form part of a package, except for the right to reimbursement where such right arises under any contractual understanding between the passenger and provider.
19.17.7.3 When an operating air carrier offers a passenger a flight to an airport alternative to that for which the booking was made, the operating air carrier shall bear the cost of transferring the passenger from that alternative airport either to that for which the booking was made, or to another close-by destination agreed with the passenger.
19.17.8 Right to Care
19.17.8.1 Where reference to care is made in this Part, passengers shall be offered free of charge:
a. refreshments including water, soft drinks, confectioneries or snacks ;
- b.a meal;
- hotel accommodation;
- transport between the airport and place of accommodation (hotel or other accommodation).
19.17.8.2 In addition to section 19.17.8.1, passengers shall be offered free of charge, two telephone calls, SMS or e-mails.
19.17.8.3 In applying this Part, the operating air carrier shall prioritize the needs of persons with reduced mobility and any persons accompanying them, as well as to the needs of unaccompanied minors.
19.17.9 Upgrading and Downgrading
19.17.9.1 If an operating air carrier places a passenger in a class higher than that for which the ticket was purchased, it may not request any supplementary payment.
19.17.9.2 If an operating air carrier places a passenger in a class lower than that for which the ticket was purchased, by the means provided for in Section 19.17.6(3), it shall immediately reimburse the difference to the passenger in accordance with the mode of payment, plus:
a. 30% of the price of the ticket for all domestic flights immediately, and
- 50% of the price of the ticket for all international flights within 14 days,
19.17.10 Persons with Reduced Mobility or Special Needs
19.17.10.1 Operating air carriers shall give priority to carrying persons with reduced mobility and any persons accompanying them, unaccompanied minors, and families (maximum of two adults) where at least one child is aged five years or under.
19.17.10.2 In cases of denied boarding, cancellation and delays of any length, persons with reduced mobility and any persons accompanying them, unaccompanied minors, and families (maximum of two adults) where at least one child is aged five years or under, shall have the right to care in accordance with section 19.17.8.
19.17.11 Further Compensation
19.17.11.1 This Part shall apply without prejudice to a passenger's rights under any contractual, statutory and/or any other applicable law.
19.17.11.2 Without prejudice to relevant principles under any other law, including case law, section 19.17.11.1 shall not apply to passengers who have voluntarily surrendered a reservation under section 19.17.3.1(b)
19.17.12 Right of Redress
19.17.12.1 In cases where an operating air carrier pays compensation or meets the other obligations incumbent on it under these Regulations, no provision of these Regulations may be interpreted as restricting its right to seek compensation from any person, including third parties, in accordance with any applicable law. In particular, these Regulations shall in no way restrict the operating air carrier's right to seek reimbursement from a tour operator or any other person with whom the operating air carrier has a contract. Similarly, no provision of these Regulations may be interpreted as restricting the right of a tour operator or a third party, other than a passenger, with whom an operating air carrier has a contract, to seek reimbursement or compensation from the operating air carrier in accordance with applicable relevant laws.
19.17.13 Obligation to Inform Passengers of their Rights
19.17.13.1 The operating air carrier shall ensure that at check-in, a clearly legible notice containing the following text is displayed in a manner clearly visible to passengers: "If you are denied boarding or if your flight is cancelled or delayed for at least one hour, ask the airline officials for a written statement of your rights, particularly with regard to compensation and assistance".
19.17.13.2 An air carrier denying boarding or cancelling a flight shall provide each passenger affected with a written notice setting out the procedures for compensation and assistance in line with these Regulations. It shall also provide each passenger affected by a delay of at least one hour with an equivalent notice.
19.17.13.3 In respect of illiterate, visually impaired or other persons under disability, the provisions of this Regulation shall be applied using appropriate alternative means.
19.17.14 Exclusion of Waiver
19.17.14.1 Air carriers’ obligations to passengers under these Regulations may not be limited or waived, notably by a derogation or restrictive clause in the contract of carriage.
19.17.14.2 If, nevertheless, such a derogation or restrictive clause is applied in respect of a passenger, or if the passenger is not correctly informed of his rights and for that reason has accepted compensation which is inferior to that provided for in these Regulations, the passenger shall still be entitled to pursue any available remedies.
19.17.15 Misleading Advertising
19.17.15.1 The Authority shall deem any advertising or solicitation by an air carrier, tour operator, or an agent of either, for passenger air transportation, a package, or a package component that states a price for such air transportation, package, or package component to be an unfair or deceptive practice, unless the price stated is the entire price to be paid by the passenger to the air carrier, tour operator or agent, for such air transportation, package, or package component.
19.17.15.2 No air carrier, tour operator, or an agent of either shall charge or collect any additional fare (whether taxes, commissions, brokerage fees, administrative charges, or any other fees) from passengers not expressly displayed and described in the marketing material or advertisement.
19.17.16 Infringement
19.17.16.1 The Consumer Protection Directorate of the Authority shall be primarily responsible for the enforcement of these Regulations.
19.17.16.2 Where appropriate, the Consumer Protection Directorate shall take the measures necessary to ensure that the rights of passengers are respected.
19.17.16.3 A passenger may lodge a complaint with the Consumer Protection Directorate, or any other competent person designated by the Authority, about an alleged infringement of these Regulations.
19.17.17 Provision of Information
19.17.17.1 When requested to provide information by the Authority for the purposes of enforcing these Regulations, an operating air carrier shall provide such information as the Authority may specify relating to these Regulations.
19.17.17.2 Any information generated by an operating air carrier in relation to Section 19.17.16.1, shall be retained by the air carrier for a period of not less than two years.
19.17.19 Complaints Procedure
19.17.19.1 Every air carrier shall establish a consumer protection desk at every airport it operates into and shall appoint an officer to manage the desk for the purpose of receiving, resolving and channeling seemingly difficult complaints to their Head offices, as well as liaising with the Authority where necessary.
19.17.19.2 A complainant may make a complaint with the Authority against an air carrier in relation to the breach of air passenger rights as provided in the Regulations by filling and submitting a Complaint Form, after the consumer must have notified the air carrier of such a breach and the complaint remains unresolved.
19.17.19.3 A complaint may be made in writing as in the prescribed form and transmitted to the Authority.
19.17.19.4 Every complaint shall be accompanied by:
a. A copy of the airline ticket;
b. A copy of the letter to the air carrier stating a claim for breach of air passenger rights;
c. any response or responses or correspondence thereto.
d. Any other relevant document(s).
19.17.19.5 Where a Complaint has been made in a representative capacity, the representative shall provide the complainant’s written authority to act on his or her behalf.
19.17.19.6 Complainants can present a class action before the Authority, but must appoint a representative for the class.
19.17.19 Assessment
19.17.19.1 The Authority shall cause an investigation to be carried out on the substance of the complaint and the consideration given by the air carrier within a reasonable period of time after the receipt thereof.
19.17.19.2 In carrying out any assessment under these Regulations, an officer designated by the Authority shall have all the powers of investigation stipulated in Section 30 (4)(i) of the Act, and in addition may request for submissions to be made by any interested person(s) in relation to a complaint;
19.17.19.3 The Authority shall amongst other things:
(b) Require the Respondent to respond to the complaint within 7 days;
(c) Require the Respondent to describe the procedure it has taken to resolve the matter.
19.17.20 Determination of Complaints
19.17.20.1 After every assessment, the investigator shall make an assessment report and shall make recommendations therein.
19.17.20.2 Upon a consideration of the assessment report, the nature of the conduct alleged against the Respondent, the extent of the claim by the complainant, public interest and other relevant factors, the Authority shall make a determination in one of the following respects:
i. the complaint lacks merit pursuant to which the complaint would be struck out;
- the complaint is of such a nature as to advise the parties to resolve the dispute through mediation.
- the complaint is of such a nature as to be subjected to the Authority’s administrative hearing procedure set out in Section 19.17.21.
19.17.20.3 The Authority shall give notice of its determination to the interested parties.
19.17.21 Administrative Hearing Procedure
19.17.21.1 In the event that the interested parties do not agree to submit to the mediation procedure, the complaint shall be subject to the Administrative Hearing Procedure of the Authority.
19.17.21.2 If the Authority is of the view that the matter raised in the complaint are those over which any provision of the Act applies, the Authority shall set the complaint for Administrative Hearing.
19.17.21.3 The Authority shall serve the parties a notice requesting a statement in support of their claim/case together with any evidence in support thereof.
19.17.21.4 The Complainant shall within seven (7) days of the receipt of the notice transmit a statement of his case in writing to the Authority and the Respondent together with any evidence to be relied upon.
19.17.21.5 The Respondent shall within seven (7) days of the receipt of the Statement of the case of the Complainant, transmit a statement of his case together with any evidence to be relied upon to the Authority and the Complainant.
19.17.21.6 The Authority shall fix a date for the hearing and shall so inform the complainant and the Respondent.
19.17.21.7 At every hearing fixed pursuant to these Regulations:
a. the person who made the complaint, or in whose behalf it was made, and each person to whom a notice was sent and any other person whose presence at the hearing is considered by the Authority to be desirable, is entitled to attend and participate personally or, in the case of a company or a firm, be represented by a person who, or by persons each of whom, is a director, officer, or employee of the company or firm;
- a person participating in the hearing in accordance with paragraph (a) of these Regulations is entitled to have another person, who may be a legal practitioner, or other persons present to assist him;
19.17.21.8 At every hearing, the Authority shall provide for as little formality and technicality as the requirements of the Act and a proper consideration of the complaint may permit.
19.17.21.8 (a) Where the complainant fails to appear before the Authority on the date of hearing, the Authority may recommend that the complaint be dismissed for default, or decide it on merit.
19.17.21.8 (b) Where the Respondent fails to appear before the Authority on the date of hearing, the Authority would make recommendations based on the available records.
19.17.21.9 The Authority shall cause such records of the hearing to be made as is sufficient to set out the matters raised by the persons participating in the hearing.
19.17.21.10 Every complaint shall be heard as expeditiously as possible and a determination made thereon within a reasonable time after the termination of the hearing.
19.17.21.11 (a) No adjournment of hearing shall be granted by the Authority unless sufficient cause is shown and the reasons for grant of adjournment has been recorded in writing by the Authority;
19.17.21.11 (b) The Authority may make such a decision as to the cost for the adjournment as may be considered appropriate.
19.17.21.12 The Authority may terminate the hearing after it is satisfied that every person participating in the hearing has been given a reasonable opportunity to state or explain his or its position.
19.17.21.13 (a) where the Authority is of the opinion that no provision of the Act, or any Regulations made thereunder has been violated by the person against whom the complaint was made, the Authority shall make a determination to that effect.
19.17.21.13 (b) Where the Authority is of the opinion that any provision of the Act, or any Regulations made thereunder has been violated, the Authority shall make a determination to that effect and make recommendations as it deems fit and reasonable to ensure that the violation ceases and that the injured party is accorded a reasonable remedy for his injury.
19.17.21.14 The Authority shall on the basis of any recommendations made pursuant to the hearing, issue the relevant order which shall relate to:
a. the payment of compensation or restitution to a complainant;
- the payment of fines and/or penalties;
- the referral of any persons for criminal prosecution; or
- any other order that may grant redress to a complainant.
19.17.21.15 Every Order of the Authority shall be complied with within 30 days of it being issued.
19.17.22 Mediation
19.17.22.1 The parties may decide to resolve their dispute by mediation pursuant to which they shall fill the request for mediation in the prescribed form.
19.17.22.2 The Authority may upon the recommendation of the assessing officer assigned to a complaint, and after considering the nature of the conduct alleged against the Respondent, the extent of claim by the Complainant, and other relevant factors, advise that the parties subject the dispute to mediation. The parties shall fill the request for mediation form in the prescribed form.
9.17.22.3 The Mediation process shall be subject to the Mediation Rules annexed as to these Regulations.
19.17.23 VIOLATIONS AND PENALTIES
19.17.23.1 Any air carrier that violates any provision of these Regulations shall be liable to penalties imposed by the Authority as stipulated in the Table of Sanctions contained hereto.
19.17.23.2 The penalties imposed by the Authority under Section 19.17.23.1 shall be dissuasive, proportionate to both the gravity of the case, and the economic capacity of the air carrier or tour operator concerned. The defaulter’s compliance record shall also be considered.
19.17.23.3 It shall be unlawful for any air carrier, tour operator, their employees or agent to obstruct or prevent the Authority or any of its designated officers from carrying out investigations or refuse to provide information requested by the Authority, relating to any violation of these Regulations.
19.17.24 TABLE OF SANCTIONS
This Table of Sanctions provides a recommended approach to assessment of sanctions for violations of these Regulations.
The Table describes civil penalties as minimum, moderate or maximum for a single violation of a particular regulation.
A. RANGE OF PENALTIES
Minimum: N100, 000
Moderate: N250, 000
Maximum: N500, 000
The Authority may also refer the violator for criminal prosecution as provided in the Civil Aviation Act 2006.
A. RECOMMENDED SANCTIONS
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Posted 2012-04-11 08:42:00
