PERATURAN-PERATURAN PENERBANGAN AWAM (KESELAMATAN) 2019

Nama dan permulaan kuat kuasa

“bagasi” ertinya harta peribadi penumpang atau kru yang dibawa di dalam kapal udara dengan persetujuan pengendali;

“bagasi kabin” ertinya bagasi yang diniatkan untuk dibawa di dalam kabin suatu kapal udara;

“barangan” ertinya apa-apa barang selain kargo, mel dan bagasi, dan termasuklah—

Pihak Berkuasa Keselamatan boleh memberikan maklumat penting yang berhubungan dengan aspek keselamatan mengenai tindakan itu kepada Pertubuhan Penerbangan

Awam Antarabangsa.

Pihak Berkuasa Keselamatan boleh bekerjasama dengan mana-mana Negara Pejanji bagi maksud pembangunan dan pertukaran maklumat mengenai Program Keselamatan

Kebangsaan.

Pengendali, pengendali aerodrom, pengendali darat dan mana-mana orang yang ditentukan oleh Ketua Pegawai Eksekutif hendaklah mematuhi program keselamatan dan pelan kontingensi yang diluluskan, mengikut mana-mana yang berkenaan, di bawah

Bahagian ini.

Peralatan keselamatan

Eksekutif, menetapkan mana-mana kawasan di tapak udara sesuatu aerodrom sebagai kawasan terhad keselamatan, iaitu suatu kawasan berisiko utama di mana sebagai tambahan kepada kawalan, kawalan keselamatan lain adalah terpakai.

P.U. (A) 99 18

Seseorang pengendali, pengendali aerodrom, pengendali darat atau mana-mana orang lain yang bertanggungjawab untuk menyediakan proses pemeriksaan hendaklah memastikan semua penumpang, bagasi, kargo, mel dan barangan yang telah menjalani proses pemeriksaan di bawah Bahagian ini dilindungi daripada apa-apa gangguan tanpa kebenaran bermula dari masa pemeriksaan dibuat sehingga perlepasan kapal udara, mengikut kehendak NCASP dan program keselamatan penerbangan awam yang diluluskan yang berkaitan.

P.U. (A) 99 21

Penggeledahan dan pemeriksaan keselamatan kapal udara

Seseorang pengendali hendaklah memastikan kapal udaranya berada di bawah penyeliaannya untuk menghalang apa-apa akses tanpa kebenaran oleh seseorang atau sesuatu kenderaan ke atau dari kapal udara itu.

Seseorang pengendali hendaklah memastikan apa-apa benda yang ditinggalkan di dalam mana-mana kapal udaranya oleh penumpang yang turun daripada mana-mana penerbangan, termasuk penerbangan transit, dialihkan daripada kapal udara itu.

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Seseorang pengendali hendaklah memastikan bahawa program keselamatan penerbangan awamnya mengandungi langkah-langkah dan tatacara untuk membawa penumpang dalam jagaan sah mana-mana agensi penguatkuasaan mengikut kehendak

NCASP.

Pengajar

Peraturan-Peraturan ini hendaklah khas kepada orang yang kepadanya ia dikeluarkan dan tidak boleh dipindahmilikkan atau diserahhakkan kepada mana-mana orang lain.

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JADUAL

[Peraturan 34]

KESALAHAN

Mana-mana orang yang melanggar peruntukan yang disenaraikan dalam Bahagian A dan

Bahagian B Jadual ini adalah melakukan kesalahan:

BAHAGIAN A

Peraturan

Perkara

8(3)

11 22 28 30

Pengubahan Program Keselamatan Kebangsaan

Kajian semula program keselamatan

Pelantikan ketua keselamatan

Pengajar

Pemindahmilikan kelulusan, perakuan dan kebenaran

BAHAGIAN B

Peraturan

Perkara

7(3)

9 10

Pematuhan kepada Program Keselamatan Kebangsaan

Program keselamatan

Pelan kontingensi oleh pengendali aerodrom 12

Pematuhan kepada program keselamatan dan pelan kontingensi yang diluluskan 13

Peralatan keselamatan 14

Pemeriksa keselamatan 16

Pemeriksaan orang 17

Pemeriksaan bagasi 18

Pemeriksaan kargo, mel dan barangan

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Peraturan

Perkara

19

Pemeriksaan kenderaan 20 21

Gangguan tanpa kebenaran

Kawasan terkawal 23

Penggeledahan dan pemeriksaan keselamatan kapal udara 24

Akses tanpa kebenaran ke kapal udara 25

Kehadiran tanpa kebenaran di dalam kapal udara 26

Benda yang ditinggalkan 27

Langkah-langkah yang berhubungan dengan penumpang dalam jagaan yang sah 29

Terma dan syarat bagi kelulusan atau perakuan 31(4)(a)

Tidak memulangkan kelulusan, perakuan atau kebenaran 32

Kesalahan berhubung dengan dokumen dan rekod 33

Tidak mematuhi arahan

Bertarikh 29 Mac 2019

[MOT.BU(S).600-6/2/11(9); PN(PU2)38/XI]

LOKE SIEW FOOK

Menteri Pengangkutan

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CIVIL AVIATION ACT 1969

____________________________

IN exercise of the powers conferred by section 3 of the Civil Aviation Act 1969 [Act 3], the Minister makes the following regulations:

PART I

PRELIMINARY

Citation and commencement 1.

Regulations 2019.

Interpretation 2.

In these Regulations, unless the context otherwise requires—

“baggage” means a personal property of a passenger or crew carried on an aircraft by agreement with an operator;

“cabin baggage” means a baggage intended for carriage in the cabin of an aircraft;

“stores” means any goods other than cargo, mail and baggage, and includes—

(a)

any goods intended for consumption by a passenger or crew on board an aircraft;

(b)

any goods used for the operation and maintenance of an aircraft, including fuel and lubricants; and

(c)

any goods for sale to a passenger or crew on board an aircraft or in a security restricted area;

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“Government Entity” means—

(a)

any ministry, department, office, agency, authority, commission, committee, board or council of the Federal Government, or of any of the

State Governments, established under any written law or otherwise; or

(b)

any local authority;

“prescribed fee” means the fee prescribed under the Civil Aviation (Fees and

Charges) Regulations 2016 [P.U. (A) 99/2016];

“Committee” means the National Civil Aviation Security Committee established under regulation 6;

“aircraft” has the meaning assigned to it in the Civil Aviation Regulations 2016

[P.U. (A) 97/2016];

“security restricted area” means any area designated by an aerodrome operator under regulation 15;

“NCASP” means the programme established under paragraph 7(1)(a);

“NCASTP” means the programme established under paragraph 7(1)(b);

“Contracting State” means any State which is a party to the Chicago Convention;

“NQCP” means the programme established under paragraph 7(1)(c);

“security screener” means a person who holds a certificate issued under regulation 14;

“commercial air transport” has the meaning assigned to it in the Civil Aviation

Regulations 2016;

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“operator” means a person who holds an air operator certificate issued under regulation 110 of the Civil Aviation Regulations 2016;

“aerodrome operator” means a person who is licensed under section 38 of the

Malaysian Aviation Commission Act 2015 [Act 771];

“groundhandler” means a person who is licensed under section 37 of the Malaysian

Aviation Commission Act 2015;

“passenger” has the meaning assigned to it in the Civil Aviation Regulations 2016;

“transfer passenger” means a passenger making direct connections between two different flights;

“transit passenger” means a passenger departing from an aerodrome on the same flight as that on which he arrived;

“security equipment” means a device of a specialized nature for use, individually or as part of a system, in the prevention or detection of any act of unlawful interference with civil aviation and its facilities, including closed-circuit television, hand-held metal detector, walk-through metal detector and body scanner;

“Security Authority” means the National Civil Aviation Security Authority established under regulation 3;

“security programmes” means the programmes established under regulation 9;

“National Security Programmes” means the programmes established under regulation 7;

“approved security programme” means a security programme approved by the

Security Authority under regulation 29;

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“act of unlawful interference” means any act such as to jeopardize the safety of civil aviation, including—

(a)

unlawful seizure of an aircraft;

(b)

destruction of an aircraft in service;

(c)

hostage-taking on board an aircraft or on aerodromes;

(d)

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

(e)

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

(f)

use of an aircraft in service for the purpose of causing death, serious bodily injury, or serious damage to property or the environment; and

(g)

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

PART II

THE SECURITY AUTHORITY

The Security Authority 3.

(1)

The Authority shall be the National Civil Aviation Security Authority.

(2)

The Security Authority shall be responsible for safeguarding the civil aviation against any act of unlawful interference and for regulating the security of the civil aviation in compliance with the provisions of Annex 17 to the Chicago Convention.

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(3)

The functions of the Security Authority are—

(a)

to establish civil aviation security policies and review such policies from time to time;

(b)

to monitor the implementation of the provisions of these Regulations;

(c)

to conduct a review on the National Security Programmes;

(d)

to approve a security programme and to conduct a review on the approved security programme;

(e)

to define and allocate tasks and co-ordinate civil aviation security activities between the Government Entities, operators and aerodrome operators, air traffic control service providers and any other persons responsible for the implementation of the NCASP;

(f)

to conduct a review on the level of threat to civil aviation;

(g)

to conduct regular security risk assessments for civil aviation security;

(h)

to re-evaluate security control and procedures on civil aviation security;

(i)

to respond to meet any increased threat to civil aviation security; and

(j)

to perform any other functions that are incidental or consequential to any of its functions under these Regulations.

Information on act of unlawful interference 4.

In the event of any act of unlawful interference, the Security Authority may provide pertinent information relating to the security aspects of any such act to the International

Civil Aviation Organisation.

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International co-operation 5.

The Security Authority may co-operate with any Contracting State for the purposes of the development of and exchange of information on the National Security Programmes.

The Committee 6.

(1)

There shall be a National Civil Aviation Security Committee, which shall consist of the following members:

(a)

the Chief Executive Officer, who shall be the chairman;

(b)

a representative of the Ministry of Transport; and

(c)

such number of representatives who shall be appointed by the Chief

Executive Officer—

(i)

from any Government Entity; and

(ii)

from amongst the operators, aerodrome operators, air traffic control service providers or any other persons.

(2)

The functions of the Committee are—

(a)

to advise the Security Authority on matters relating to the implementation of the provisions of these Regulations;

(b)

to facilitate the co-ordination of civil aviation security activities between the Government Entities, operators and aerodrome operators, air traffic control service providers and any other persons responsible for the implementation of the NCASP;

(c)

to consider the recommendations made by the airport security committees in relation to the civil aviation security and, where

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appropriate, recommend to the Security Authority any change to the civil aviation security policies; and

(d)

to carry out any other functions as directed by the Security Authority.

(3)

The procedures of the Committee shall be as specified in the NCASP.

PART III

NATIONAL SECURITY PROGRAMMES

National Security Programmes 7.

(1)

The Chief Executive Officer shall establish and implement the National

Security Programmes as follows:

Programme to ensure that security awareness and function-specific trainings are provided to all persons involved in or responsible for the implementation of the NCASP;

Programme to determine the compliance with and validate the effectiveness of the NCASP; and

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Security Programmes shall co-operate with and assist one another in ensuring the proper implementation of the National Security Programmes.

Variation of National Security Programmes 8.

(1)

The Chief Executive Officer may, if he thinks necessary, vary any of the

National Security Programmes.

(3)

Any person directed under subregulation (2) shall submit the approved security programme as varied to the Security Authority for its approval within the period as may be determined by the Chief Executive Officer in accordance with regulation 29.

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PART IV

SECURITY PROGRAMMES

Security programmes

9. (1)

An operator, aerodrome operator, a groundhandler or any other persons as may be determined by the Chief Executive Officer shall establish the security programmes as follows:

Officer.

(2)

The security programmes referred to in subregulation (1) shall be approved by the Security Authority.

(3)

An application for the approval or variation of an approval of a security programme shall be made in accordance with regulation 29.

(4)

In relation to the civil aviation security training programme referred to in paragraph (1)(b), an operator, aerodrome operator, a groundhandler or any other person as may be determined by the Chief Executive Officer shall renew the approval of the programme within the period as may be determined by the Chief Executive Officer.

(5)

An application for the renewal of the approval of the civil aviation security training programme shall be made in accordance with regulation 29.

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Contingency plan by aerodrome operator

10. (1)

An aerodrome operator shall, in addition to the civil aviation security programme referred to in paragraph 9(1)(a), establish a contingency plan in accordance with the requirements of the NCASP.

(2)

The contingency plan referred to in subregulation (1) shall be approved by the

Security Authority.

(3)

An application for the approval or variation of an approval of a contingency plan shall be made in accordance with regulation 29.

(4)

For the purpose of this regulation, “contingency plan” means a proactive plan which includes measures and procedures addressing various threat levels, risk assessments and associated security measures to be implemented and designed to anticipate, mitigate events and prepare all concerned parties having roles and responsibilities in the event of an actual act of unlawful interference.

Review of approved security programmes

11. (1)

The Security Authority may, if it thinks necessary, conduct a review on any approved security programme.

(2)

The Security Authority may direct any person who establishes the approved security programme to vary the security programme based on the review made within the period as may be determined by the Security Authority.

(4)

Notwithstanding subregulation (1), the Security Authority may direct any person who establishes any approved security programme to conduct the review on the approved security programme itself.

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(5)

Any person directed under subregulation (4) shall conduct the review and vary its approved security programme based on such review and submit the approved security programme as varied to the Security Authority for its approval within the period as may be determined by the Chief Executive Officer in accordance with regulation 29.

Compliance with the requirements of the approved security programmes and contingency plan

12. An operator, aerodrome operator, a groundhandler and any other person as may be determined by the Chief Executive Officer shall comply with the requirements of the approved security programmes and contingency plan, as the case be, under this Part.

PART V

SCREENING AND SECURITY CONTROLS

Security equipment

13. (1)

No operator, aerodrome operator, a groundhandler or any other person shall use any security equipment except with the approval of the Security Authority.

(2)

An application for an approval or renewal of an approval to use security equipment under subregulation (1) shall be made in accordance with regulation 29.

Security screener

14. (1)

No person shall act as a security screener unless he holds a certificate issued by the Security Authority.

(2)

An application for a certificate or renewal of a certificate to act as a security screener under subregulation (1) shall be made in accordance with regulation 29.

(3)

No operator, aerodrome operator, groundhandler or any other person responsible to provide a screening process shall permit or cause to be permitted any person to act as a security screener unless the person holds a certificate issued by the

Security Authority.

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Security restricted area

15. An aerodrome operator shall, with the approval of the Chief Executive Officer, designate any area of the airside of an aerodrome to be a security restricted area, that is a priority risk area where in addition to access control, other security controls are applied.

Screening of person

16. (1)

No person shall enter a security restricted area or an aircraft in a security restricted area unless that person undergoes a screening process by a security screener.

(2)

An operator, aerodrome operator, a groundhandler or any other person responsible to provide a screening process shall ensure that no person enters a security restricted area or an aircraft in a security restricted area unless that person undergoes a screening process by a security screener.

(3)

This regulation shall not apply to—

(a)

a transit passenger who remains on board an aircraft;

(b)

a transit passenger or transfer passenger who does not mix with an unscreened person from the transitting or transferring airport, as the case may be; and

(c)

a transit passenger or transfer passenger who arrives from a Contracting

State where the security standards applied are recognized as being

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equivalent to the requirements as may be determined by the Chief

Executive Officer.

Screening of baggage

17. (1)

No person shall—

(a)

take or cause to be taken on board an aircraft; or

(b)

deliver or cause to be delivered for loading or carriage on an aircraft, any baggage unless the baggage undergoes a screening process by a security screener.

(2)

An aerodrome operator shall ensure that no person—

(a)

takes or causes to be taken on board an aircraft; or

(b)

delivers or causes to be delivered for loading or carriage on the aircraft, any baggage unless the baggage undergoes a screening process by a security screener.

(3)

This regulation shall not apply to any cabin baggage carried by—

(a)

a transit passenger who remains on board the aircraft;

(b)

a transit passenger or transfer passenger who does not mix with an unscreened person from the transitting or transferring airport, as the case may be; and

(c)

a transit passenger or transfer passenger who arrives from a Contracting

State where the security standards applied are recognized as being equivalent to the requirements as may be determined by the

Chief Executive Officer.

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Screening of cargo, mail and stores

18. (1)

No person shall—

(a)

take or cause to be taken on board an aircraft; or

(b)

deliver or cause to be delivered for loading or carriage on the aircraft, any cargo or mail unless the cargo or mail undergoes a screening process by a security screener.

(2)

No person shall carry or cause to be carried in a security restricted area or on board an aircraft in a security restricted area, any stores unless the stores undergo a screening process by a security screener.

Screening of vehicle

19. (1)

No person shall use or operate, or cause to be used or operated a vehicle in a security restricted area unless the vehicle undergoes a screening process by a security screener.

(2)

The aerodrome operator shall ensure that no person uses or operates, or causes to be used or operated a vehicle in a security restricted area unless the vehicle undergoes a screening process by a security screener.

Unauthorized interference

20. An operator, aerodrome operator, a groundhandler or any other person responsible to provide a screening process shall ensure that all passengers, baggage, cargo, mail and stores which have undergone the screening process under this Part are protected from any unauthorized interference from the time of screening until the departure of aircraft, in accordance with the NCASP and the relevant approved civil aviation security programme.

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Controlled area

21. (1) The Chief Executive Officer may, after conducting a security risk assessment, declare any area of an aerodrome or any other area as he thinks suitable to be a controlled area.

Executive Officer and subject to the terms and conditions as may be determined by the

Chief Executive Officer.

Appointment of chief of security

22. (1)

An operator, aerodrome operator, a groundhandler or any other person as may be determined by the Chief Executive Officer shall, with the prior approval of the

Security Authority, appoint a chief of security.

(2)

An application for prior approval under subregulation (1) shall be made in accordance with regulation 29.

(3)

A chief of security shall perform the duties and responsibilities as specified in the National Security Programmes.

PART VI

AIRCRAFT SECURITY

Aircraft security search and checks

23. (1)

No operator shall permit or cause to be permitted any of its aircraft to fly for the purpose of commercial air transport unless the operator conducts a security search and checks on the aircraft in accordance with the NCASP.

(2)

The operator shall ensure that its aircraft is protected from any unauthorized interference from the time of the security search and checks under subregulation (1) is carried out until the departure of the aircraft.

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Unauthorized access to aircraft

24. An operator shall ensure that its aircraft is kept under its supervision to prevent any unauthorized access of person or vehicle to or from the aircraft.

Unauthorized presence on board aircraft

25. (1)

No person shall enter or be in a flight deck of any aircraft flying for the purpose of commercial air transport unless—

(a)

that person is a crew on duty and authorized by the operator;

(b)

that person is, with the authority of the Chief Executive Officer, performing any regulatory functions, including witnessing any training, practice or test for the purpose of the Act or any subsidiary legislation made under the Act or for the purpose of the Civil Aviation Authority of

Malaysia Act 2017 [Act 788]; or

(c)

that person is authorized by the Chief Executive Officer.

(2)

An operator shall ensure that no person other than the persons referred to in paragraphs (1)(a) to (c) enters or be in a flight deck of any of its aircraft.

Left items

26. An operator shall ensure that any item left behind in any of its aircraft by a passenger disembarking from any flight, including transit flight, is removed from the aircraft.

Measures relating to passengers in lawful custody

27. An operator shall ensure that its civil aviation security programme contains the measures and procedures for carrying of passengers in lawful custody of any law enforcement agency in accordance with the requirements in the NCASP.

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PART VII

GENERAL

Instructor

28. (1)

No person shall conduct a civil aviation security training as an instructor unless he holds a certificate issued by the Security Authority.

(2)

An application for a certificate or renewal or variation of the certificate of an instructor under subregulation (1) shall be made in accordance with regulation 29.

Application for approval, etc.

29.

(1)

An application for—

(a)

an approval or renewal or variation of an approval under regulations 8, 9, 10, 11, 13 and 22; or

(b)

a certificate, renewal or variation of a certificate under regulations 14

and 28;

shall be—

Executive Officer;

Executive Officer.

(2)

The Security Authority may, in writing, at any time after the receipt of an application under subregulation (1), request the applicant to give to the Security

P.U. (A) 99 50

Authority within the period specified in the request additional information, particulars or document on the application.

(3)

After considering the application under subregulation (1), the Security

Authority may grant or refuse the application.

(4)

If the Security Authority grants the application under subregulation (1), the

Security Authority may impose such terms and conditions on the approval or certificate as it thinks necessary and the person issued with the approval or certificate shall comply with such terms and conditions.

Transfer of approval, certificate and authorization

30. An approval, certificate and authorization issued under these Regulations shall be personal to whom it is issued and shall not be transferred or assigned to any other persons.

Suspension, variation and revocation of approval

31. (1)

The Security Authority may suspend, vary or revoke any approval, certificate or authorization issued under these Regulations to any person under any of the following circumstances:

(a)

if the person contravenes any terms and conditions of the approval, certificate or authorization;

(b)

if the person contravenes any provisions of the Act, these Regulations or any subsidiary legislation made under the Act or any provisions of the

Civil Aviation Authority of Malaysia Act 2017;

(c)

if the approval, certificate or authorization was obtained by fraud or misrepresentation; or

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(d)

in the event of the death, incapacity or bankruptcy of the person or, in the case of a company, in the event of its liquidation or on the appointment of a receiver or manager.

(2)

The Security Authority shall not suspend, vary or revoke any approval, certificate or authorization unless the person has been given an opportunity to make a representation.

(3)

Pending any decision to suspend, vary or revoke any approval, certificate or authorization under subregulation (1), the Security Authority may, if it considers necessary, temporarily suspend or vary, with or without condition, the approval, certificate or authorization.

(4)

If any approval, certificate or authorization issued under these Regulations—

(a)

is revoked, the holder of the approval, certificate or authorization shall within fourteen days from the date of revocation return the approval, certificate or authorization to the Security Authority; or

(b)

is suspended or temporarily suspended, the approval, certificate or authorization shall have no effect during the period of suspension.

Offences in relation to documents and records

32. (1)

A person shall not with intent to deceive—

(a)

use any approval, certificate or authorization which has been forged, altered, revoked or suspended, or to which the person is not entitled;

(b)

lend any approval, certificate or authorization under these Regulations to, or allow the approval, certificate or authorization to be used by, any other person; or

P.U. (A) 99 52

(c)

make any false representation for the purpose of procuring for himself or any other person any approval, certificate or authorization under these Regulations.

(2)

For the purpose of this regulation, a reference to an approval, a certificate or an authorization includes a copy or purported copy of it.

Power to give direction

33. (1)

The Security Authority, Chief Executive Officer or any authorized officer may give any direction to any person for the purposes of these Regulations.

(2)

The person who has been given the directions under subregulation (1) shall comply with the instruction.

Offences

34. (1)

Any person who contravenes any provision specified in Part A of the Schedule commits an offence and shall, on conviction, be liable—

(a)

if the person is an individual, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both; or

(b)

if the person is a company, limited liability partnership, firm, society or other body of persons, to a fine not exceeding two hundred thousand ringgit.

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[Regulation 34]

OFFENCES

Any person who contravenes the provisions listed in Part A and Part B of this Schedule commits an offence:

PART A

Regulation

Subject matter

8(3)

11 22 28 30

Variation of National Security Programmes

Review of security programmes

Appointment of chief of security

Instructor

Transfer of approval, certificate and authorization

PART B

Regulation

Subject matter

7(3)

9 10

Compliance with the National Security Programmes

Security programmes

Contingency plan by aerodrome operator 12

Compliance with the approved security programmes and contingency plan 13

Security equipment

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Regulation

Subject matter

14

Security screener 16 17

Screening of person

Screening of baggage 18

Screening of cargo, mail and stores 19

Screening of vehicles 20 21 23 24 25 26 27 29 31(4)(a)

Unauthorized interference

Controlled area

Aircraft security search and checks

Unauthorized access to aircraft

Unauthorized presence on board aircraft

Left items

Measures relating to passengers in lawful custody

Terms and conditions of approval or certificate

Failure to return approval, certificate or authorization 32

Offences in relation to documents and records 33

Failure to comply with directions

Made 29 March 2019

[MOT.BU(S).600-6/2/11(9); PN(PU2)38/XI]

LOKE SIEW FOOK

Minister of Transport