Decision No. 41 of 2022 Issued by the Minister of Transport Regarding the Approval of the Regulations on Penalties and Fines for Violations and Infractions at Airports
Published on
- Category: Decision
- Date: May 29, 2022
- No: 41
- Source: Minister of Transportation
- Sector: Transportation
- Tag: Transportation
- Status: Effective
In pursuit of enhancing safety, security, and operational efficiency at Libyan airports, the Minister of Transport has issued Decision No. 41 of 2022, which establishes a comprehensive framework for penalties and fines related to violations and infractions at airports. This decision aligns with national and international aviation regulations and aims to ensure compliance with safety, security, and operational standards.
The regulations outlined in this decision define various types of violations, including professional, organizational, disciplinary, and behavioral infractions, and set forth corresponding penalties. The decision grants the General Manager of Airports and other designated authorities the power to impose fines, suspend, or revoke permits in cases of repeated violations or breaches that compromise airport operations and passenger safety.
This legal framework underscores the commitment of the Ministry of Transport to maintaining high standards of aviation safety, security, and efficiency within Libyan airports.
Minister of Transport:
After reviewing:
- The Declaration of Victory of the February 17 Revolution was issued on February 22, 2011;
- The Interim Constitutional Declaration and its amendments;
- The Political Agreement was signed on December 17, 2015;
- The outcomes of the Libyan Political Dialogue Forum held on November 9, 2020;
- Law No. 12 of 2010 on Labor Relations and its executive regulations;
- Law No. 6 of 2005 on Civil Aviation and its executive regulations;
- House of Representatives Decision No. 1 of 2021 on granting confidence to the Government of National Unity;
- The former General People's Committee Decision No. 28 of 2010 issued the executive regulations of Law No. 6 of 2005 on Civil Aviation;
- The former General People's Committee Decision No. 276 of 2010 on establishing the Airports Authority;
- Cabinet Decision No. 251 of 2022 approving the organizational structure and defining the competencies of the Ministry of Transport and its administrative structure;
- Minister of Transport Decision No. 126 of 2017 approving the regulations on penalties and fines for violations and infractions at airports;
- Minister of Transport Decision No. 536 of 2022 approving the internal organization of the Ministry of Transport;
- Minister of Transport Decision No. 587 of 2022 approving the organizational structure of the Airports Authority and defining the competencies of its administrative divisions;
- The letter from the President of the Airports Authority No. M.T. 4354/1/3 dated June 14, 2021;
- The letter from the President of the Airports Authority No. M.T. 911/1/3 dated February 2, 2022;
- The requirements of public interest.
Decides:
Article 1
The regulations on penalties and fines for violations and infractions at Libyan airports, which are annexed to this decision, are hereby approved.
Article 2
This decision will become effective on the date of its issuance, and relevant authorities will implement it. Any provision that contradicts this decision will be repealed.
Issued on: 1/6/1443 Hijri
Mohamed Salem Al-Shahoubi
Minister of Transport
May 29, 2022
Table of Contents
Regulations on Penalties and Fines for Violations and Infractions at Libyan Airports Issued under Minister of Transport Decision No. 6 of 2022
Article 1
To apply these regulations, the following terms shall have the meanings assigned to each:
- Airport: A designated area of land or water, including buildings, facilities, and equipment, used in whole or in part for the arrival, departure, and movement of aircraft.
- President: The President of the Airports Authority.
- General Manager: The General Manager of the airport.
- Workers: Individuals authorized to enter the airport and whose activities occur within its premises.
- Non-workers: Individuals who do not hold an airport entry permit and whose activities do not occur within the airport.
- Vehicle or Equipment: Any means of transport, loading, unloading, or refueling, whether self-propelled or towed.
- Airside: Aircraft parking areas, ground service roads leading to them, runways, and taxiways within the airport boundaries.
- Aircraft: Any machine capable of sustaining flight using air reaction forces, excluding airflows reflected off the ground.
- Runway: A designated and equipped area at the airport for aircraft landing and takeoff.
- Taxiways: Designated pathways on the airport surface for aircraft movement, linking different airside areas.
- Manoeuvring Area: The part of the airport used for aircraft takeoff and landing, excluding aircraft parking aprons.
- Movement Area: The part of the airport used for aircraft takeoff, landing, and taxiing, including runways, taxiways, and aircraft parking aprons.
- Baggage Handling Area: Any designated part of the airport for unloading or loading baggage.
- Aprons: Ground areas within the airside designated for aircraft parking, housing, movement, and servicing.
- Air Carrier: Any natural or legal person operating air transport services for passengers, mail, cargo, or any combination thereof.
- Baggage Screening Area: A designated area for sorting, inspecting, and securing departing and arriving baggage.
- Hazardous Materials: Products or substances that may pose a risk to aviation safety when transported by air, as well as public health, safety, property, or the environment, classified by international organizations.
- Permit: A card or document granting its holder access to designated airport areas.
- Vehicle Driving License: A document issued by the competent authority authorizing its holder to operate a vehicle or equipment within the airport.
- Operating Permit: Approval issued by the competent authority allowing any economic or service activity within the airport.
- Ground Services: Services provided to aircraft upon arrival or departure, excluding navigational services.
- Suspension of License, Certificate, Permit, or Accreditation: Temporary suspension of the validity of a license, certificate, permit, or accreditation, which is lifted once the reason for suspension ceases to exist.
- Revocation of License, Certificate, Permit, or Accreditation: The permanent cancellation of a license, certificate, permit, or accreditation from the revocation date.
Article 2
The provisions of these regulations shall be binding and apply to all Libyan airports. These regulations shall be subject to any legislative amendments to related laws.
Article 3
Amendments, additions, or removals of any provisions of these regulations may be made by future developments, provided they do not conflict with public interest or violate existing legislation. Any such amendments shall be subject to approval by the competent authority.
Article 4
Violations
The following violations are prohibited within airports:
- Professional Violations
- Organizational and Disciplinary Violations
- Behavioral Violations
- Any other violations affecting airport security and safety, provided they align with aviation and air transport operations.
Professional Violations
| No. | Type of Violation | Fine (LYD) |
|---|---|---|
| 1 | Violation of standards and conditions for transporting, handling, and storing hazardous shipments and materials according to local and international regulations. | 5,000 |
| 2 | Air carriers' violation of health bulletins and quarantine regulations applicable at Libyan airports. | 5,000 |
| 3 | Violation of any instructions or bulletins regulating workflow issued by the Civil Aviation Authority or the Airports Authority. | 5,000 |
| 4 | Violation of standards for transporting and handling live animals and birds. | 5,000 |
| 5 | Failure to take necessary measures to secure an aircraft while stationary, including placing wheel chocks. | 5,000 |
| 6 | Failure to follow safety procedures while providing services to aircraft. | 3,000 |
| 7 | Inability to connect the aircraft grounding wire during refueling. | 3,000 |
| 8 | Failure of the aircraft operator to ensure the presence of a fire truck during refueling while passengers are on board. | 5,000 |
| 9 | Failure to follow light signals from the air traffic control tower when driving a vehicle in case of radio communication failure. | 5,000 |
| 10 | Workers may fail to comply with safety standards and conditions within the airside area while performing duties. | 3,000 |
| 11 | Leaving aircraft flaps lowered while the aircraft is stationed at the terminal. | 5,000 |
| 12 | Leaving a staircase attached to an airplane when no flight is scheduled. | 3,000 |
| 13 | Performing any work in the maneuvering area without carrying a radio connected to the control tower. | 3,000 |
| 14 | Unauthorized movement of a person or ground guidance vehicle in restricted areas. | 3,000 |
Organizational and Disciplinary Violations
| No. | Type of Violation | Fine (LYD) |
|---|---|---|
| 1 | Violation of the movement permit conditions granted to any vehicle or equipment by airport management. | 3,000 |
| 2 | Failure to maintain a safe distance from an aircraft during parking, operation, or movement and inability to prioritize moving aircraft. | 3,000 |
| 3 | Failure to stop at designated points in aprons, intersections, and taxiways and ensure they are clear of aircraft. | 3,000 |
| 4 | Failure to take necessary measures in case of fuel or oil leaks from aircraft or vehicles in the airside area. | 3,000 |
| 5 | Failure to report accidents or breaches that threaten security and safety at airport facilities. | 3,000 |
| 6 | Inability to drive according to airport safety rules and regulations. | 3,000 |
| 7 | Failure to maintain operational vehicles in the airside area in good technical condition to meet safety and environmental standards. | 3,000 |
| 8 | Failure to comply with the terms of using permits and licenses inside the airport. | 1,000 |
| 9 | Failure to follow instructions from airport management regarding the use of systems, equipment, and facilities. | 3,000 |
| 10 | Failure to comply with the opening and closing times of passenger check-in counters. | 3,000 |
| 11 | Exceeding the authorized number of baggage carts, improper distribution of load, or exceeding height and weight limits as per the operating manual. | 1,000 |
| 12 | Failure to maintain a safe distance between fuel trucks in the airside area. | 3,000 |
| 13 | Failure to activate beacon lights on vehicles while moving in the airside area. | 1,000 |
| 14 | Failure to comply with regulations for transporting cargo and baggage in the airside area (excessive load or carts without side barriers). | 1,000 |
| 15 | Failure to wear a reflective safety vest in the airside area. | 1,000 |
| 16 | Failure to take appropriate measures for passengers in case of flight delay or cancellation. | 1,000 |
| 17 | Use of any equipment that produces electrical sparks under an aircraft while refueling. | 3,000 |
| 18 | Use of a gasoline-powered vehicle in the aircraft parking area. | 1,000 |
| 19 | Operating a vehicle without a movement permit or in an unauthorized area. | 1,000 |
| 20 | Vehicles and carts are used for purposes other than their intended use. | 1,000 |
| 21 | Leaving a vehicle or any obstacle that hinders aircraft movement, services, or safety. | 3,000 |
| 22 | Leaving foreign objects in the aircraft parking area (FOD – Foreign Object Debris). | 1,000 |
| 23 | Leaving waste in airport facilities that attract birds, stray animals, or rodents. | 1,000 |
| 24 | Leaving passenger luggage in baggage sorting areas or any airport location beyond the allowed period without action. | 1,000 |
| 25 | Leaving documents or waste on passenger check-in counters. | 1,000 |
| 26 | Leaving a scrap or non-functional aircraft in the airside area. | 1,000 |
| 27 | Operating towing and towed equipment in the airside area without company labels and technical identification numbers. | 1,000 |
| 28 | Operating any vehicle in the airside area without being equipped with a valid and functional fire extinguisher. | 3,000 |
| 29 | Moving within the maneuvering area (runways/taxiways) without authorization from air traffic control. | 5,000 |
| 30 | Moving within the aircraft parking area without following designated service routes. | 1,000 |
| 31 | Parking a functional or non-functional aircraft at active aircraft stands without prior coordination with airport management. | 1,000 |
| 32 | Exceeding the speed limit in airside areas. | 3,000 |
| 33 | Towing more baggage carts than the permitted limit. | 1,000 |
| 34 | Obstructing the use of fire and rescue equipment or emergency exits. | 3,000 |
| 35 | Performing aircraft maintenance at aircraft stands except for minor or urgent repairs. | 3,000 |
| 36 | Conducting maintenance or modifications inside the airport without prior coordination with airport management. | 1,000 |
| 37 | Carrying out unauthorized electrical connections without consulting airport management. | 1,000 |
| 38 | Towing a vehicle using another without the designated towing mechanism and proper safety measures. | 1,000 |
| 39 | Being present in the airside area or restricted zones without a valid permit or being in an unauthorized area. | 1,000 |
| 40 | Accepting baggage exceeding the permitted weight limit as per airport management regulations. | 1,000 |
| 41 | Entering or exiting individuals and vehicles through gates in the wrong direction. | 1,000 |
Behavioral Violations
| No. | Type of Violation | Fine (LYD) |
|---|---|---|
| 1 | Smoking in any area within the airside zone. | 1,000 |
| 2 | Smoking outside designated areas inside airport terminals. | 1,000 |
| 3 | Tampering with airport equipment, systems, and facilities. | 1,000 |
| 4 | Refueling or performing maintenance on vehicles while they are in the airside area. | 3,000 |
| 5 | Failure to implement necessary security and safety measures. | 3,000 |
| 6 | Using an airport entry permit outside of working hours or for personal purposes. | 1,000 |
| 7 | Disturbing public order and decency. | 1,000 |
| 8 | Discriminatory treatment of passengers based on personal relationships or interests. | 1,000 |
| 9 | Obstructing passenger movement during boarding and disembarkation. | 1,000 |
| 10 | Failure to wear the designated uniform assigned by an authority or company. | 1,000 |
| 11 | Driving under the influence of drugs or alcohol. | 5,000 |
| 12 | Using a passenger check-in counter that is not designated for a specific flight. | 3,000 |
Article 5
Penalties
The penalties listed below represent the maximum that may be imposed. However, airport management reserves the right to reduce these limits based on work conditions and other violations.
Article 6
Penalties Imposed on Violators
- For violations of Section 4 of this regulation, a financial fine of 500 LYD minimum to 10,000 LYD maximum will be imposed.
- Suspension of any license, permit, certificate, authorization, or approval for a period not exceeding three months for violations falling under Section 7.
- Revocation of any license, permit, certificate, authorization, or approval for violations falling under Section 7.
- In a repeated violation, the financial fine and the temporary suspension shall be doubled.
Article 7
Suspension or Revocation of Licenses and Permits
The General Manager may suspend or revoke any license, permit, certificate, authorization, or approval for a period not exceeding 90 days, which shall be lifted upon the resolution of the underlying cause in the following cases:
- Failure to pay the imposed fine within the specified payment period.
- Submission of false information affecting the issuance of a license, permit, certificate, or authorization.
- Violation of the conditions of the approved activity as set by the competent authorities.
- Conviction of the permit holder for a felony or a misdemeanor related to dishonesty or moral integrity, unless rehabilitated.
- Engaging in an activity other than the one authorized under the granted permit.
- Delay in paying due fees.
Article 8
Considerations for Imposing Penalties
When imposing penalties on violators, the following conditions shall be observed:
- A violator cannot be charged after 15 days from the date of the violation, except in cases that constitute criminal offenses.
- A penalty can only be imposed for a violation directly related to the work or committed during work hours.
- No penalty shall be imposed unless the violator is notified of the alleged violation and investigated in writing. However, an oral investigation may be conducted for minor offenses listed in this regulation, provided that it is documented in a special report.
Article 9
Increased Penalties for Repeated Violations
Airport management must intensify penalties if the same violation is repeated more than four times within six months of the first offense.
Article 10
Authority for Enforcing Violations
The airport's General Manager shall appoint a qualified individual, preferably a judicial officer, to monitor violations and take necessary action within their jurisdiction.