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Civil Aviation Act 1990

Functions, powers, and duties of participants in the civil aviation system

26A: Obligation to identify pilot-in-command

You could also call this:

"Telling who was flying the plane when rules were broken"

If someone flying a plane is thought to have broken the law, the Director or a police officer can ask for help to find out who that person is. They can do this by talking to the company that runs the plane or the person who owns it. These people must give any information they have that could help identify the pilot who was flying.

The Director or police officer can ask for this information by talking or writing to the plane's operator or owner. Whoever they ask has 10 working days to give them the information.

However, if the plane's operator or owner has already been arrested or held by the police for the same issue, they don't have to give this information.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM216170.

Topics:
Transport and travel > Air travel
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Part 2Functions, powers, and duties of participants in the civil aviation system

26AObligation to identify pilot-in-command

  1. If a pilot-in-command of an aircraft is alleged to have committed an offence under this Act or the rules, the Director or a constable may—

  2. inform the operator of the aircraft or the holder of the certificate of registration for the aircraft of the alleged offence; and
    1. require that person to give all information in that person's possession or reasonably obtainable by that person that may lead to the identification of the pilot.

      1. A request under subsection (1) may be made orally or in writing, and the operator or holder of the certificate of registration (as the case may be) must comply with the request within 10 working days.

      2. Subsection (1) does not apply if the operator or holder of the certificate of registration has been arrested or detained in relation to the suspected offence.

      Notes
      • Section 26A: inserted, on , by section 10 of the Civil Aviation Amendment Act 2002 (2002 No 15).
      • Section 26A(1): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).