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Civil Aviation Act 2023

Aviation documents, medical certification, and drug and alcohol testing - Offences relating to aviation documents

105: Court may disqualify person from holding aviation document or impose conditions on aviation document

You could also call this:

"Courts can take away or limit your aviation licence if you break aviation rules"

Illustration for Civil Aviation Act 2023

If you break certain aviation rules, a court can punish you. The court can also stop you from holding an aviation document, like a pilot's licence, for up to 12 months. The court can choose to stop you from holding a particular aviation document or any aviation document at all. The court decides how long you are stopped from holding the document.

If you already have an aviation document, the court can add restrictions or conditions to it for up to 12 months. The court thinks about what happened and decides what restrictions or conditions to add. This does not affect the Director's powers under section 75.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS49722.

Topics:
Transport and travel > Air travel
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104: Acting without necessary aviation document, or

"Breaking the law by not having the right aviation papers"

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106: Applying for aviation document while disqualified, or

"What happens if you apply for an aviation document when you're not allowed to"

Part 4Aviation documents, medical certification, and drug and alcohol testing
Offences relating to aviation documents

105Court may disqualify person from holding aviation document or impose conditions on aviation document

  1. In addition to any penalty the court may impose under section 40, 41, or 103, the court may, on convicting any person of an offence against any of those sections,—

  2. disqualify the person convicted from holding or obtaining an aviation document or a particular aviation document for any period not exceeding 12 months that the court thinks fit; or
    1. impose on any aviation document held by or issued to the person convicted, for any period not exceeding 12 months that the court thinks fit, any restrictions or conditions, or both, that the court, having regard to the circumstances of the offence, thinks fit.

      1. Nothing in subsection (1) affects or prevents the exercise by the Director of the Director’s powers under section 75.

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