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Notable Regulatory Provisions Governing Aviation Security in Nigeria

Notable Regulatory Provisions Governing Aviation Security in Nigeria

Civil Aviation Security in Nigeria is regulated by the Nigerian Civil Aviation Authority (NCAA) through a set of regulations forming the focus of this article, particularly regarding its provisions on applicability, definitions and conditions for security programmes.

Applicability

These Regulations shall apply to:

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-International airport operators

– Domestic airports operators and any other aerodrome operator certified by the NCAA

– National aircraft operators

– Foreign aircraft operators

– Aerodrome tenants and/or operators of Tenant Restricted Areas at International air ports or Domestic airports;

– Any person in or within the vicinity of an international airport or domestic airport, or any other aerodrome specified by the Authority

– Any person who offers goods for transport by air

– Any person who provides a service to an air craft operator

– Any person on board an aircraft 

– Any organization or agency who provides air traffic services; and

– Remotely Piloted Aircraft (RPA) operator.

Definitions of Terms

For the purpose of the NCAA Regulations the following definitions shall apply:

– “Acts of unlawful interference” : These are acts or attempted acts such as to jeopardize the safety of civil aviation including but not limited to:

(i)unlawful seizure of an aircraft;

(ii)destruction of an aircraft in service;

(iii)hostage-taking on board an aircraft or on aerodromes;

(iv) forcible intrusion on board an aircraft, at an airport or on the premises of an aeronautical facility;

(v)introduction on board an aircraft or at an airport of a weapon or hazardous device or material intended for criminal purposes ;

(vi) Use of an aircraft in service for the purpose of causing death, serious bodily injury, or serious damage to property or the environment; or

(vii) communication of false information such as to jeopardize the safety of aircraft in flight or on the ground, of passengers, crew, ground personnel or the general public, at an airport or on the premises of a civil aviation facility.

– “Aerial Work”:-An aircraft operation in which an aircraft issued for specialized services such as agriculture, construction, photography, surveying observation and patrol, search and rescue, aerial advertisement, etc.;

– “Aerodrome”:-A defined area of land on land or water (including any buildings, installations, and equipment) intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft;

– “Aerodrome Operator”:- The holder of an aerodrome license, issued under the NCAA Regulations;

– “Aerodrome or Airport Tenant”:- Any enterprise that is resident at an aerodrome and offers services and products at that aerodrome;

– “Aircraft Operator”:-  A national aircraft operator and a foreign aircraft operator;

-“Aircraft Security Check”:- An inspection of the interior of an aircraft to which passengers may have had access and an inspection of the hold for the purposes of discovering suspicious objects, weapons, explosives or other dangerous devices;

-“Aircraft Security Search”:-A thorough inspection of the interior and exterior of the aircraft for the purpose of discovering suspicious objects, weapons, explosives or other dangerous devices, articles or substances;

– “Airside”:-  The movement area of an airport, adjacent terrain and buildings or portions thereof, access to which is controlled;

-“Authority”:-  The Nigeria Civil Aviation Authority (NCAA);

 

– “Audit”:-  Any procedure or process used for compliance monitoring undertaken at national level. It covers security audits, inspections, surveys, tests and investigations ;

– “Auditor” shall mean any person conducting audits at national level;

Aviation Security. Safeguarding civil aviation against acts of unlawful interference. This objective is achieved by a combination of measures and human and material resources;

– “Aviation Security Officer”:-A person who is trained in accordance with the aviation security training requirements of the appropriate approved Airport Security Programme and who has been appointed as an aviation security officer by an aerodrome operator, aircraft operator or aerodrome tenant.

National Civil Aviation Security Programme

The Authority will establish, and monitor the implementation of, a written national civil aviation security programme designed to safeguard civil aviation operations against acts of unlawful interference, which takes into account the safety of passengers, crew, ground personnel and the general public including regularity and efficiency of flights.

-The implementation of the written national civil aviation security programme shall be capable of responding rapidly to meet any increased security threat.

– The national civil aviation security programme shall be the repository of national policy of the Federal Government of Nigeria with regard to civil aviation security measures implemented within Nigeria and on Nigerian registered aircraft, and shall specify the agencies responsible for the implementation of that policy.

– The Authority will ensure that supporting resources and facilities required by the aviation security services are made available by aerodrome operator at each airport serving civil aviation.

 

General Conditions For Security Programmes 

-No aerodrome operator may operate except in accordance with the approved security programme. 

– No Aircraft operator may operate except in accordance with the approved security programme.

-No foreign aircraft operator may operate in Nigeria unless he has submitted an approved Aircraft Operator Security Programme as part of his application for air services to the Authority for its acceptance and submission of proposed Local Standard Operating Procedure (LSOP) for its operation in Nigeria for approval.

– No person may conduct general aviation operations, including corporate aviation operations, using aircraft with a maximum take-off mass greater than 5,700 kg, except in accordance with the approved security programme.

– No person may conduct aerial work operations except in accordance with the approved security programme. This programme shall contain operations features specific to the type of operations conducted.

– No organization or agency may provide air traffic services except in accordance with the approved security programme.

– No person may operate an enterprise or an organization whose purpose is the movement of cargo by air, within and through Nigeria, except in accordance with the approved security programme.

Security Programme Requirements For Other Operators

-The security programme requirement for an aerodrome certificate, Air Operator Certificate and a Foreign Carrier Operating Permit (FCOP) shall be as specified in the NCASP.

Submission of Security Programmes 

– The submission of the security programme does not authorize the person to use the proposed security programme, until the programme is evaluated and approved for use by the Authority.

-Notwithstanding the provision above, an approved foreign aircraft operator’s security programme may be use provided it is accepted by the Authority.

 

Approval of Aerodrome Operator Security Programme

– An aerodrome operator shall implement its approved security programme within sixty (60) days of approval of its security programme ensure that the programme is implemented.

Aircraft Operator Security Programme

– An Aircraft Operator Security Programme required under the regukatons shall meet the requirements of the National Civil Aviation Security Programme and shall be in form and manner as specified by the Authority.

Approval of Aircraft Operator Security Programme

An aircraft operator shall implement its approved security programme within sixty (60) days of approval of its security programme.

A Remotely Piloted Aircraft (RPA) shall have the same security procedures as aircraft operator.

Air Traffic Services Provider Security Programme

-An Air Traffic Service Provider Security Programme required under the regulations shall meet the requirements of the National Civil Aviation Security Programme and shall be in form and manner and content as specified by the Authority.

Approval of Air Traffic Service Provider Security Programme

– An air traffic services provider shall implement its approved security programme within thirty days of approval of its security programme.

Regulated Agent Security Programme

– A regulated agent Security Programme required under the regulations shall meet the requirements of the National Civil Aviation Security Programme and shall be in form and manner as specified by the Authority.

Approval of a Regulated Agent Security Programme

-A regulated agent shall implement its approved security programme within sixty (60) days of approval of its security programme.

Air Cargo Operator Security Programme

An Air Cargo Operator Security Programme required under 17.4. shall meet the requirements of the National Civil Aviation Security Programme and shall be in form and manner as specified by the Authority.

Approval of an Air Cargo Operator Security Programme

– An Air Cargo Operator shall implement its approved security programme within thirty days of approval of its security programme.

In-Flight Catering Operator Security Programme

-An In-Flight Catering Operator Security Programme required under the regulations shall meet the requirements of the National Civil Aviation Security Programme and shall be in form and manner as specified by the Authority.

-An In-Flight Catering Operator Security Programme shall be accompanied by a current scale map of the flight catering facility area of operations.

Approval of an In-Flight Catering Operator Security Programme

-An In-Flight Catering Operator shall implement its approved security programme within sixty (60) days of approval of its security programme.

Tenant Restricted Area Security Programme.

– A Tenant Restricted Area Security Programme required under 17.4. shall meet the requirements of the National Civil Aviation Security Programme and shall be in form and manner as specified by the Authority.

-The Tenant Restricted Area Security Programme shall be accompanied by a current scale map of the Tenant Restricted Area, as required and produced under the appropriate Airport (Restricted Area) Bye-laws.

Approval of Tenant Restricted Area Security Programme

– A Tenant Restricted Area operator shall implement its approved security programme within sixty (60) days of approval of its security programme.

Other Allied Aviation Service Providers Security Programme

– Other Allied Aviation Service Providers as listed in the Regulations required to have security programmes under  shall meet the requirements of the National Civil Aviation Security Programme and shall be in form and manner as specified by the Authority.

Approval of Other Allied Aviation Service Providers Security Programme

-Other Allied Aviation Service Provider shall implement its approved security programme within sixty (60) days of approval of its security programme.

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