ADVOKS GLOBAL · KENYA
Civil Aviation (Approved Training Organizations) Regulations, 2018
49. Penalties
Edition: 2018-05-04 · In force
49. Penalties
(1)A person who contravenes any provision of these Regulations, orders, notices or proclamations made thereunder in relation to an aircraft, the operator of that aircraft and the pilot-in-command, if the operator or, the pilot in command is not the person who contravened that provision he shall, without prejudice to the liability of any other person under these Regulations for that contravention, be deemed for the purposes of the following provisions of this Regulation to have contravened that provision unless he proves that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent the contravention.(2)If it is proved that an act or omission of any person, which would otherwise have been a contravention by that person of a provision of these Regulations, orders, notices or proclamations made there under was due to any cause not avoidable by the exercise of reasonable care by that person, the act or omission shall be deemed not to be a contravention by that person of that provision.(3)Where a person is charged with contravening a provision of these Regulations orders, notices or proclamations made there under by reason of his having been a member of the flight crew of an aircraft on a flight for the purpose of commercial air transport operations, the flight shall be treated, without prejudice to the liability of any other person under these Regulations, as not having been for that purpose if he proves that he neither knew nor had reason to know that the flight was for that purpose.(4)A person who contravenes any provision of these Regulations, orders, notices or proclamations made thereunder not being a provision referred to in subregulation (11) shall, upon conviction, be liable to a fine provided for under this regulation, and in the case of a continuing contravention, each day of the contravention shall constitute a separate offence.(5)A person who contravenes any provision of these Regulations, orders, notices or proclamations made thereunder not being a provision referred to in subregulation (11) shall, upon conviction, be liable to a fine provided for under this regulation, and in the case of a continuing contravention, each day of the contravention shall constitute a separate offence.(6)Any aircraft subject to alien for the purpose of subregulation (7) may be seized by and placed in the custody of the Authority.(7)The aircraft shall be released from custody of the Authority upon—(a)payment of the penalty or the amount agreed upon in compromise;(b)deposit of a bond in such amount as the Authority may prescribe, conditioned upon payment of the penalty or the amount agreed upon in compromise; and(c)receiving an order of the court to that effect.(8)A person who contravenes any provision specified as an "A" provision in the Fourth Schedule to these Regulations commits an offence and is liable on conviction to a fine not exceeding one million shillings for each offence and or to imprisonment for a term not exceeding one year or to both.(9)The Authority or any person specifically authorised by name, by the Authority or any police officer not below the rank of inspector specifically authorised by name by the Cabinet Secretary, may compound offences under Part A of the Schedule to these Regulations by assessing the contravention and requiring the person reasonably suspected of having committed the offence to pay to the Authority a sum not exceeding one (1) million for provisions referred to in sub-part (i) and sub-part (ii) respectively in Part A of the Fourth Schedule to these Regulations.(10)A person who contravenes any provision specified as a "B" provision in the Fourth Schedule to these Regulations commits an offence and is liable on conviction to a fine not exceeding two million shillings for each offence and or to imprisonment for a term not exceeding three years or to both.(12)A person who contravenes any provision of these Regulations not being a provision referred to in the Fourth Schedule to these Regulations commits an offence and is liable on conviction to a fine not exceeding two million shillings, and in the case of a second or subsequent conviction for the like offence to a fine not exceeding four million shillings.