Civil Aviation Act, 2009 (Act No. 13 of 2009)Chapter 11Part 1 : Offences ad Penalties139. Prohibition and control in aircraft |
| (1) | A person may not at an airport, helistop or heliport board or attempt to board, or be on, an aircraft if such person has in his or her possession or under his or her control any harmful article or if any harmful article has to his or her knowledge been placed within his or her reach and at his or her disposal, unless the operator of the aircraft concerned has granted the necessary written permission. |
| (2) | A person who wishes to consign any harmful article by aircraft, must consign the article in the manner required, and in accordance with the conditions stipulated, by the operator of the aircraft: Provided that where the Minister has by regulation in terms of this Act prescribed the manner in which, and the conditions subject to which, a harmful article under this Act or under the Convention must be consigned, such regulation must have preference in the case of a conflict between any requirement of or any condition stipulated by such operator. |
| (3) | An air carrier may refuse to transport a person, personal effects, baggage, mail, cargo or other goods if the carrier believes on reasonable grounds that— |
| (a) | a person may, while on board, perform or attempt to perform any act which may jeopardise the safety of the aircraft or interfere with the flight of the aircraft; or |
| (b) | any occurrence which may jeopardize the safety of the aircraft or which may interfere with the flight of the aircraft, may arise from the transportation of such person, personal effects, baggage, mail, cargo or other goods. |
| (4) | Any person who contravenes, or who fails to comply with this or who fails to comply with any condition of any permission granted thereunder, is guilty of an offence and on conviction liable to a fine or imprisonment for a period not exceeding 30 years or both to such fine and imprisonment. |