Avsec 3.63 Airport Identity Card Employer information Introduction This document provides employers and their staff with background information on the Airport Identity Card (AIC) system. The intent is to outline the AIC system for new employers and to educate and remind both new and existing employers of their responsibilities and obligations relating to AICs and the relevant Civil Aviation Rule requirements. This document also covers the rights of other organisations involved in the day-to-day business of civil aviation. The information contained here will provide employers with sufficient information to complete an AVSEC 3.6 Airport Identity Card New Employer Application Form. Policy and procedures Before the Aviation Security Service (Avsec) can consider an application from a new employer for an AIC and authorisation to enter security and security enhanced areas of an aerodrome, the employer must first supply the following details and information. This is required in sufficient time to allow Avsec to carry out administration procedures before an AIC is issued Information required on the AVSEC 3.6 form Vehicle escorts Any requirements to take vehicles into security areas, security enhanced areas or operational areas of the aerodrome must be co-ordinated through your local Aerodrome Certificate Holder (airport company). Some aerodrome certificate holders stipulate that any person driving a vehicle airside must receive training on the requirements for ‘Driving Airside’. As a general rule, all contractor vehicles will require an escort when operating within any airside areas Notifying interested parties Other users on the aerodrome may need to know of your presence because of aircraft movements or other activities planned in areas where you or your employees need to work. Your planned activity may cause a safety issue or interfere with other operations being conducted airside. Examples of interested parties: Air Traffic Control (Airways New Zealand) Aerodrome Certificate Holder (e.g. AIAL, WIAL, CIAL) New Zealand Customs Service New Zealand Police airline operators. ________________________________________________________________________________________________ Responsibilities Your organisation is required to establish a system to recover AICs from employees leaving your employment. Your organisation must also ensure that recovered AICs are returned to Avsec for disposal. Immediate notification to Avsec is essential where any employee leaves your organisation and his or her AIC has not been recovered. Where an organisation makes an application to Avsec for AICs the following procedures are to be applied: 1) The employer or employer’s authorised representative is to complete the AVSEC 3.6 Airport Identity Card New Employer Application Form. All details are to be supplied. The employer’s authorised representatives must also complete the AVSEC 3.61 Airport Identity Card New Employer Specimen Signature Form, supplying each authorised representative’s full name, designation and their specimen signature. Avsec 3.63 2) The completed forms are to be lodged with Avsec for approval. The AVSEC 3.61 Airport Identity Card New Employer Specimen Signature Form will be used as a reference when confirming that the authorised signatures are correct in subsequent applications for AICs. 3) If your organisation changes its name or address, the Aviation Security Service must be advised within 28 days. The AVSEC 3.62 Airport Identity Card Employer Notification of Change Form can be used for this purpose. 4) The employer is required to supply Avsec, with new or updated specimen signatures of the organisations authorised representatives. The AVSEC 3.62 Airport Identity Card Employer Notification of Change Form is to be used for this purpose. Applications for the issue of permanent AICs are to be made by completing the AVSEC 3.7 Airport Identity Card Application Form. Application forms must be approved by one of your organisation’s representatives who has been approved as authorised signatory. If you require further information relating to the AIC process, please contact your nearest Avsec office. From time to time Avsec will conduct audits of AICs held by organisations. AIC holders have a responsibility to report to their employer or appropriate authorities any incidents or security breaches they observe while working within the restricted environments of the aerodrome. Civil Aviation Act 1990 Pursuant to section 77B(1)(a) of the Civil Aviation Act 1990, Avsec is permitted to screen and undertake searches of: “(iv) (v) any person, item, substance, or vehicle— (A) before the person, item, substance, or vehicle enters a security enhanced area: (B) present in a security enhanced area: any unattended item, substance or vehicle in a security enhanced area” Civil Aviation Rule Part 19 Rule 19.355 Prohibitions Civil Aviation Rule 19.355 states that: “No person shall, without lawful authority,— (1) leave open or insecure or otherwise uncontrolled any door, gate, or other barrier provided at any aerodrome to control access to any security area, security enhanced area, or operational area; or (2) deposit, park, or leave adjacent to or on any fence, barrier, or other thing being used to prevent unauthorised access to any security area, security enhanced area, or operational area any article that is capable of facilitating the evasion of control measures.” These requirements place the responsibility onto each person entering or leaving the security areas, security enhanced areas or operational areas to ensure that they do not: leave doors or gates open or insecure that lead into a security area, security enhanced area or operational area leave vehicles or other obstacles parked against or adjacent to perimeter fences facilitate unauthorised access into the security areas, security enhanced areas or operational areas of the aerodrome. Avsec 3.63 Rule 19.357 Airport identity cards Civil Aviation Rule 19.357 states that: “(a) The Director may issue or approve an airport identity card or other identity document in accordance with this Rule if – (1) the Director has, in accordance with the Act, made a favourable security check determination of the person who has applied for the card or document; or (2) the Director has decided that the person has undergone an alternative security check that is acceptable to the Director. (b) Subject to paragraphs (c) and (g), no person shall enter or remain in any security area or security enhanced area of any security designated aerodrome or designated installation, unless that person (1) wears an airport identity card on the front of his or her outer garment; or (2) has in his or her possession another identity document or other identity documents for the time being authorised under paragraph (a). (c) Where the Director considers it desirable that the name of the holder of an airport identity card be not disclosed, the Director may approve the wearing of an identity card from which the holder’s name has been deleted. (d) A person who is authorised by this rule to enter a security area or security enhanced area shall remain in that area only for the purposes of his or her duties. (e) If required to do so by an authorised person, any person entering or in a security area or security enhanced area shall produce for inspection his or her identity card or other identity documents for the time being authorised under paragraph (a). (f) If the holder of an airport identity card cease to be employed in a position for which the card is required, or for any other reason ceases to be entitled to hold the card, the holder shall forthwith return the card to the issuing authority. (g) Nothing in paragraph (b) shall apply to(1) any member of the crew of an aircraft engaged in an international service who wears on his or her outer garment an official identity card issued by his or her employer or the government of the state in which he or she permanently resides; or (2) any official of a New Zealand government agency who is required, by reason of his or her official duties, to remain incognito; or (3) any passenger who enters or leaves a security area or security enhanced area for the purpose of joining or leaving a flight, if he or she is in possession of a valid boarding pass for that flight or is being escorted by a crew member or a representative of the operator; or (4) any pilot-in-command of an aircraft on private operations who enters or is within a security area or security enhanced area for the purpose of embarking, disembarking, or servicing the aircraft, if the pilot has in his or her possession a valid pilot licence, or any other person being escorted by the pilot. (h) The security checks referred to in 19.357(a)(1) and (2) are not required if the person making an application for an identity card is issued with a temporary identity card approved by the Director that entitles the person to enter or remain in a security area or security enhanced area when escorted by a person issued with an airport identity card in accordance with the security check process referred to in 19.357(a)(1) and (2).” Offences in Respect of airport identity cards General The Civil Aviation (Offences) Regulations 2006 recognise certain offences in respect of AIC infringements. Where noncompliance with the requirements of Civil Aviation Rule 19.357 is reported to the CAA, the Director may take action as he or she sees appropriate in the circumstances. Options available to the Director include issuing of a warning to the offender, issuing the offender with an infringement notice which specifies prescribed infringement fees, or summary prosecution. Avsec 3.63 Avsec role Avsec’s role when dealing with such breaches is to gather and record evidence of an AIC breach. In most cases Avsec will submit an incident report to the Director of Civil Aviation for consideration. Further, aviation security officers may need to act immediately to remove a person from a security area or security enhanced area in those circumstances where such action is warranted. Section 84(3) of the Civil Aviation Act 1990 authorises an aviation security officer to request any person within a security area or security enhanced area to provide details of that person’s name, address, the reason for their presence in a security area or security enhanced area and their identity. Section 84(4) of the Civil Aviation Act 1990 refers - any person who fails to comply with these provisions may be ordered by an aviation security officer to leave the security area or security enhanced area immediately. Evidence may include records/notes, observations, photographs or CCTV footage and exhibits such as an AIC that has been used in contravention of the Civil Aviation Rule requirements. Rule 19.357(b) – Fine of $5,000 or an infringement fee of $2,000 Subject to Civil Aviation Rule 19.357(c) and (g) no person shall enter or remain in any security area or security enhanced area of any designated aerodrome or designated installation unless that person wears an AIC on the front of his or her outer garment; or has in his or her possession another identity document or other identity documents for the time being authorised under 19.357(a). Non-compliance with this rule requirement includes: failure to wear or display an AIC when entering or within a security area or security enhanced area; not being in possession of an AIC or other identity document while within a security area or security enhanced area; and while entering or within a security area or security enhanced area, wearing an expired AIC, or having been issued with a temporary AIC where an escort is required and no escort is present. Rule 19.357(d) – Fine of $5,000 or an infringement fee of $2,000 A person who is authorised by this rule to enter a security area or security enhanced area shall remain in that area only for the purposes of his or her duties. Non-compliance with this rule requirement includes: entering or remaining in a security area or security enhanced area other than for the purpose of conducting lawful duties. Rule 19.357(e) – Fine of $1,000 or an infringement fee of $500 If required to do so by an authorised person, any person entering or in a security area or security enhanced area shall produce for inspection his or her airport identity card or other identity documents for the time being authorised under paragraph (a) of this rule. Non-compliance with this rule requirement includes: failure or refusal to produce an AIC or other identity document for inspection while entering or within a security area or security enhanced area when requested to do so by an authorised person. Rule 19.357(f) - Fine of $1,000 or an infringement fee of $500 If the holder of an airport identity card ceases to be employed in a position for which the airport identity card is required, or for any other reason ceases to be entitled to hold the airport identity card, the holder shall forthwith return the card to the issuing authority. Non-compliance with this rule requirement includes: failure on the part of the holder of an AIC to return it to Avsec where the holder ceases to be entitled to hold the card for any reason. Avsec 3.63 Other AIC Irregularities: Avsec officers will also report instances such as: Where an AIC has been defaced (i.e. where any detail on the card has been obliterated or in any way modified); and Use of another person’s AIC justifies the removal of that person from a security area or security enhanced area, recording of the person’s details and the matter being reported to an Avsec supervisor. Note: Civil Aviation Rule 19.357(g) (1) to (4) details alternative identity documents and circumstances where their use is acceptable to the Director for compliance with this Rule. This is a summary of these documents, for more specific detail refer to CAR 19.357.
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