NCAA sanctions airline for airspace violation

…parleys with airline operators

The Nigerian Civil Aviation Authority (NCAA) has applied the requisite sanction on Lyxor International, a non – schedule general aviation operator.

This action by the Regulatory Authority 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 the 16^th February, 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.

However, the aircraft was subsequently released after the payment of N3, 000,000 (Three Million naira only) on volitional condition on account of possible civil sanction. 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 11^th of December, 2016 and the 15^th of February, 2017.

Therefore, in accordance with IS 1.3.3.3. Table 2 viii (6) of the Nigerian Civil Aviation Regulations (Nig CARS 2015) you are hereby 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 (13) 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 (6) 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 (7) days of receipt of this letter.