Unlawful interference in aviation

aviation unlawful interference

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What is unlawful interference in aviation? In this issue we review the events that are considered as facts that put at risk the air operation safety. a21.com.mx Foto's photo.

Every day aviation faces several situations that put safety at risk and one of them is what is known as illicit interference..

Illicit interference in aviation

Given some of the events that have happened these days in the Guayaquil airport, it is good to review technically, but easy to understand why it is called that.

We are going to review what is considered as acts of unlawful interference based on what is proposed by the International Civil Aviation Organization – ICAO:

  • Actos, the attempts, intended to compromise the safety of civil aviation including, without this list being exhaustive, the next:
    • unlawful seizure of aircraft,
    • destruction of an aircraft in service,
    • hostage-taking on board aircraft or at airfields,
    • forcible entry on board an aircraft, at an airport or on the premises of an aeronautical facility,
    • introduction on board an aircraft or at an airport of weapons or devices (or substances) dangerous for criminal purposes,
    • use of an aircraft in service for the purpose of causing death, serious bodily injury or serious damage to property or the environment,
    • communication of false information that compromises the safety of an aircraft in flight, or on land, or passenger safety, crew, ground staff and public at an airport or on the grounds of a civil aviation facility.

What the law says

We are going to review the sanctions established by the Law for events of this category, which could vary according to each country, but being signatory states, the base is the same:

Comprehensive Criminal Organic Code of Ecuador

  • Article 366 – Terrorism.- The person who individually or forming armed associations, provokes or maintains in a state of terror the population or a sector of it, through acts that endanger the
    life, the physical integrity or freedom of people or endanger buildings, media, transport, using means capable of wreaking havoc, shall be punished with a custodial sentence of ten to thirteen years, especially if:

    • 3. The person who commits acts of violence that by their nature, cause or may cause injury or
      constitute a danger to the safety of these or their occupants, in ground transportation, on board an aircraft, nave, on a marine fixed platform, in ports, airports, area facilities
      strategic, essential basic services or environment.

Civil Aviation Law

  • Article 80. The natural or legal persons contemplated in this chapter, will be sanctioned with fines of 1.500 a 5.000 United States of America dollars, for the violations specified below:
    • threaten the safety of passengers and aircraft, hampering or obstructing runways, streets of rhodes, parking platforms, heliports and other areas of operation.

sanctions

Additionally, the Air Regulations or RDAC 139 establishes a potential sanction to the aerodrome in the following cases:

  • 139.170 Suspension and/or Cancellation of an Aerodrome Certificate
    • (a) Provided that the requirements of this Chapter B have been met, Section 139.140 –
      Granting of an Aerodrome Certificate, The CAA may suspend and/or cancel an aerodrome certificate when, has not been notified that there is:

      • (1) Change in aerodrome ownership or management;
      • (2) Change in aerodrome operating use;
      • (3) Change in aerodrome boundaries;
      • (4) Any change that alters the original conditions of the certification and puts at risk operational security.
    • (b) The suspension will only be lifted when the operational safety of the aerodrome is
      guaranteed by the operator and accepted by the CAA.

The idea of ​​this publication was to put into context what is established by international and local law regarding acts that put aviation safety at risk., as is the case of unlawful interference and its possible immediate implications according to regulations.

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11 comments on “Illicit interference in aviation”

  1. Now there are aviation experts, when AVSEC procedures are not clear, it is better not to comment
    I should mention that there are laws, circular resolutions of the DGAC that are in force and based on which should be sanctioned
    And do not confuse one thing is ICAO and another is IATA

  2. Now everyone is an aviation expert, international agreements and decrees.. ? The airport will continue to function and period. dramatic!

    1. Another stupid opinion, by God there are agreements that exist between countries that are members of ICAO and IATA, if he fails to comply, there is a sanction for anyone. The airport may continue to operate and this will not happen to majors as long as the ejectures receive their sansion. Otherwise, they just withdraw the certification and that means that no airlines just arrive.. I'M NOT AN EXPERT but what happens if something like this happens?

  3. Here there is not only responsibility of the IRRESPONSIBLE MAYOR, the DAC also have their part, ONE, and the police who did not prevent them from entering the runway to hinder it, Therefore the "prosecutor's office" should first put the IRRESPONSIBLE MAYOR in preventive detention, and begin investigations just as you did with, turkey,Hernandez, etc this is called TERRORISM.

    1. More than a dozen vehicles were involved in this matter., those vehicles must have been concentrated somewhere near the runway, if on the other side of the runway is the SIMÓN BOLÍVAR AIR BASE of the Fae with its air infantry detachment, Why didn't they intervene at the time when that number of UNAUTHORIZED vehicles were crowding in the vicinity of the track?.
      On the other hand SOMEONE had to notify the moment in which the plane was going to land to mobilize at the exact moment, So I presume that they must have had at least one accomplice in the control tower, who is the one who controls the landing and takeoff of all the flights that arrive or leave the airport..

  4. Why don't they analyze the cause why the crew had to stay almost 3 days in Guayaquil. If it was a humanitarian flight, it had to land, pick up passengers and leave. It will not be something similar to the escape of the fugitive Alvarado on a Maduro humanitarian flight that took him out of Venezuela. They cut off the escape of the syndicated correistas. The airport was closed and now it turns out that it was enabled for humanitarian flights. Stop treating us Ecuadorians like fools. The mayor did her job defending the inhabitants of Guayaquil

    1. Why do they change crew?, for safety they can't fly 24 hours in a row (summarizing the topic that is quite long), so a new team of pilots that was already in Guayaquil, they took over the flight, with protocols designed by the airlines to avoid any risk, in aviation nothing is improvised.

      No airport in Ecuador is closed, please read the presidential decree, planes can arrive empty to take people out, so simple.

  5. Freddy Morales

    Mrs. Viteri will have to respond, whether it is with a virus or without a virus, she will have to appear for the infraction she committed…
    Hopefully there if Prosecutor Salazar does her thing ….
    And what is the statement of the DAC ??
    because they didn't act… ??
    What did the TAGSA operator do????
    where is the security…. of the aviation..??
    Where we are…??
    It will affect the certification to the Int Aerodrome. YESTERDAY..???

  6. The Guayaquil airport must be closed and its mayor Viteri prosecuted and arrested for terrorism and crimes against humanity, al
    prevent humanitarian flights by taking over the airport, putting at risk the
    air operation .