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Civil Aviation Act 2023

Functions, powers, and duties of participants in civil aviation system - Aviation participants - Provisions relating to pilots-in-command

18: Identification of pilot-in-command

You could also call this:

"Telling who is in charge of a plane when a rule is broken"

Illustration for Civil Aviation Act 2023

If you are in charge of a plane and you are alleged to have broken a rule under the Civil Aviation Act 2023, the Director or a police officer can inform the person who operates the plane or the person who owns it about the alleged offence. They can also ask that person to give them any information they have that might help identify you as the pilot-in-command. The Director or police officer can ask for this information orally or in writing. You must give the required information to the Director or police officer either straight away or within 10 working days if you do not have the information or cannot give it straight away. However, if the operator or owner of the plane has been arrested or detained because they are suspected of committing the offence, the Director or police officer cannot ask them for this information. This rule is similar to a rule in the 1990 No 98 legislation, which you can find on the legislation.govt.nz website.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS49515.

Topics:
Transport and travel > Air travel
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19: Failure to provide identifying information, or

"Not giving pilot details when operating an aircraft can lead to a big fine."

Part 2Functions, powers, and duties of participants in civil aviation system
Aviation participants: Provisions relating to pilots-in-command

18Identification of pilot-in-command

  1. If a pilot-in-command of an aircraft is alleged to have committed an offence under this Act, 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-in-command.

      1. The requirement under subsection (1)(b) may be given by the Director or constable orally or in writing.

      2. The operator or holder of the certificate of registration (as the case may be) must give the required information to the Director or a constable—

      3. on demand; or
        1. within 10 working days if—
          1. the information is not in the person’s possession; or
            1. the person is unable to give the required information on demand.

            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.

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