Management
Phone: 972.3.9774555
No.
Fax:
Date: November 5, 2014
972.3.9774599
24458914
[email protected]
By registerred mail with proof of delivery
Mr. Albert Morris
Station Manager, Delta Airlines
P.O. box 281, Ben gurion Airport 70100
Subject: Financial Sanction Payment Demand
By virtue of my authority under Article 153 of the Air Navigation Law, 2011 (hereinafter
– "Air Navigation Law"), after considering the allegations of the company "Delta
Airlines" (hereinafter "the Company") I decided to impose financial sanctions on the
company, for violations of article 73(a) to the Air Navigation Law, and for the following
reasons:
1. On April 22, 2013, a notice was sent to the Company according to which, the
“Civil Aviation Authority of Israel (CAAI)” (hereinafter - “the CAAI”) is looking
into in incursion of February 5, 2013, in which the permissible noise level was
breached by the Company. On May 31, 2013, the Company responded by an emailed letter and outlined the circumstances which lead to the breach to the
permissible noise level and consequent preventive actions taken.
2. After the allegations of the Company were examined and found to have no basis to
change the further handling of the violation, a letter of intent was sent to the
Company on December, 2013, regarding the intention to impose charge for the
noise violation performed by the Company on February 5, 2013.
3. On February 2, 2014, the Company’s comments were received in which the
Company re-iterated the circumstances which lead to the violation and the
preventive actions that were taken and requested that the amount of financial
sanction be reduced on account of the preventive measures taken, and is in
accordance with the Air Navigation Law (reduction of the amount of the financial
sanctions and payment in installments), 2011 (hereinafter - " reduction
regulations").
_____________________________________________________________________________
State of Israel Ministry of Transport / Civil Aviation Authority
Golan House / Golan st. P.O.B. 1101 / Airport City 70100 / Israel / Tel. +972.3.9774545 / www.caa.gov.il
4. After examining all the documents set before me, I determine that the Company
violated the orders of article 73(a) to the Air Navigation Law on the flight of
February 5, 2013 - while operating an aircraft within the territory of Israel in a
manner that exceeds the noise quota set by the Minister, and without constraints
due the condition of weather, safety of the flight or the orders of the ATM unit
Calculation of the financial sanction
5. According to article 144(4)(a)(2) to the Air Navigation Law, the relevant "basic
amount", according to which the financial sanctions which will be imposed on the
Company is 105,090 NIS; provided the Company is holder of an air operating
license authorized to operate aircraft to transport passengers or cargo on an
international flight which is not categorized as an own use charter flight, and that
it operates at least 15 aircraft.
6. Article 149(4) to the Air Navigation Law determines that the financial sanction for
the violation of Article 73(a) to the Air Navigation Law is 10% of the basic
amount, that is:– 10,509 NIS.
Decision on the allegation of the Company regarding the reduction of the
financial sanction amount
7. According to article 154 to the Air Navigation Law, the Director General of the
CAAI is authorized to reduce the amount of the financial sanction in accordance
with the causes of the reduction and the rates of the reduction set forth in the
reduction regulations.
8. Regulation 1(a)(3) to the reduction regulations determines the cause of the
reduction as follows: "the violator has taken actions to prevent recurrence of the
violation, all to the satisfaction of the Director General – up to 25 percent. Since
the company has taken a number of actions with regard to the pilots by
recapitulating the procedures and emphasizing the take-off procedures from TelAviv Ben-Gurion airport, I determine that I am satisfied that the actions taken by
company as mentioned above will contribute to the prevention of the recurrence
of the violation of Article 73 to the Air Navigation Law. Therefore, the full
reduction rate will be applied for this cause – 25%.
9. In view of all that is specified above, for violations of the Navigation Acts
performed by the Company as detailed in this notice, and further to the reduction
_____________________________________________________________________________
State of Israel Ministry of Transport / Civil Aviation Authority
Golan House / Golan st. P.O.B. 1101 / Airport City 70100 / Israel / Tel. +972.3.9774545 / www.caa.gov.il
of the amounts to Article 154 to the Air Navigation Law, I impose on the
company to pay a financial sanction amounting to the total of 7,881.75 NIS.
10. According to Article 159(a) to the Air Navigation Law, the company is entitled to
file an appeal on the payment demand to the Magistrates Court within 30 days
after delivery of the demand. Please note that Article 159(b) to the Air Navigation
Law determines that filing the appeal does not postpone the payment of the
financial sanction, unless approved otherwise by the Director General of the
CAAI or if the court so orders.
11. According to the provisions of Articles 156 and 157 to the Air Navigation Law,
the financial sanction shall be paid within 30 days after delivery of the demand
for the payment. Linkage and interest will be applicable to financial sanctions not
paid on time.
12. The Financial sanction payment voucher is attached herewith.
Respectfully,
Joel Felschuh
Director General
Cc:
Mr. Randy Rohan, Manager Flight Operations, Africa Asia Europe, Delta Airlines
Cap. Abraham Liebling, Head of Flight Standards Division, CAAI
Advocate Dana Glick – Deputy Legal Adviser, CAAI
Cap/ Amir Porat, Head of Air Carriers Department, CAAI
_____________________________________________________________________________
State of Israel Ministry of Transport / Civil Aviation Authority
Golan House / Golan st. P.O.B. 1101 / Airport City 70100 / Israel / Tel. +972.3.9774545 / www.caa.gov.il