NCAA fines Lyxor airline N9.5m for airspace violation
***Gets one week ultimatum, meet operators
For violation of the country’s airspace, the Nigerian Civil Aviation Authority (NCAA) has sanctioned on Lyxor International, a non – schedule general aviation operator.
The agency disclosed that the action was a consequence of the operator severally violating the terms of its approved flight clearances for non – scheduled international air services.
According to the Letter of Sanction written to the airline, NCAA’s Aviation Safety Inspectors (ASI) on February 16th, 2017, during a routine Ramp Inspection of the airline’s Bombardier Challenger CL605 aircraft, found it culpable of the infraction.
Therefore, upon this discovery, the aircraft with registration marks T7-YES was immediately grounded by the Aviation Safety Inspectors (ASI) at the Nnamdi Azikiwe International Airport, (NAIA), Abuja.
A statement from spokesman for the agency, Sam Adurogboye made available to reporters said however, the aircraft was subsequently released after the payment of N3 million on volitional condition on account of possible civil sanction, adding that this was in addition to an undertaken to comply with any sanction applicable as a result of the violation.
Contained in the Letter of Sanction, NCAA said, after due consideration of your response to our Letter of Investigation (LOI), it was found unsatisfactory. We found clear evidence from the flight records that the aircraft was operated within the Nigerian airspace in violation of its flight clearances between the 11th of December, 2016 and February 15, 2017.
It noted that in accordance with IS 1.3.3.3. Table 2 viii (6) of the Nigerian Civil Aviation Regulations (Nig CARS 2015) the carrier was sanctioned for failure to comply with the conditions of approved flight clearances for non-schedule international air services. This provides for a moderate civil penalty of N500, 000 per violation.
The airline is hereby required to pay the sum of N6, 500,000 (i.e. N500, 000 x 13).For the thirteen times the aircraft ought to have flown out of Nigerian airspace in compliance with the approved clearances but was stationed in Nigeria.
In addition, for the six times the aircraft violated the approved routes, the operator shall pay a moderate civil sanction of N3, 000,000 (i.e.N500, 000 x 6).
The respondent shall however, pay the sum of N6, 500,000 (Six Million Five Hundred Thousand naira only) having made a deposit of N3, 000,000 towards possible sanctions.
The airline is expected to pay these fines within seven days of receipt of this letter.
Meanwhile, the Director General of NCAA, Capt. Muhtar Usman has advocated regular interactions between the regulatory authority and all Airline Operators of Nigeria (AON).
He made this call during a meeting penultimate week with the airline operators at his Aviation House office.
The meeting was importantly to discuss various issues affecting the aviation industry and proffer ways to build on the laudable gains so far.
Among the issues that were deliberated upon was the directive by the NCAA to the airlines to meet the deadline to join the automation platform for seamless remittance of five per cent ticket and cargo sales charge.
Others are, that airlines should take advantage of the window of Billing Settlement Plan (BSP), Simulator training, Aircraft Inspection etc.
At the end of the meeting, the DG thanked all present and reiterated that all airline operations must be carried out within the ambit of the law.
There was a consensus that the meeting should be a monthly affair – to be held precisely every last Wednesday of every month. All the schedule commercial airlines attended the meeting led by the AON Chairman, Capt.Nogie Meggison while all NCAA Directors were present.
