Decisions

CAT File No. C-1870-52
MoT File No. SB4200-C146-TAYLOR

CIVIL AVIATION TRIBUNAL

BETWEEN:

Minister of Transport, Applicant

- and -

Dwayne Taylor, Respondent

LEGISLATION:
Aerodrome Security Regulations s. 20(3)
Aeronautics Act, R.S.C. 1985, c. A-2, s. 7.7

Retricted area pass


Review Determination
James C. Campbell


Decision: February 8, 2000

Given the evidence, I confirm the Minister's decision to assess a monetary penalty of $75 to Mr. Dwayne Taylor. That amount is payable to the Receiver General for Canada and must be received by the Civil Aviation Tribunal within 15 days of service of this determination.

A Review Hearing on the above matter was held Friday, December 10, 1999, at 13:00 hours at the Federal Court of Canada, in Winnipeg, Manitoba.

BACKGROUND

On or about the 18th day of June, AD., 1999, at approximately 09:35 hours, at the Winnipeg International Airport, in the City of Winnipeg, in the Province of Manitoba, Dwayne Taylor, the holder of a restricted area pass designed to be worn on the outer clothing, did enter and remain in a restricted area, to wit: the north end of Apron 1 of the Winnipeg International Airport, without visibly displaying his restricted area pass on his outer clothing, thereby contravening subsection 20(3) of the Aerodrome Security Regulations.

Subsection 20(3) of the Aerodrome Security Regulations states clearly:

Where a restricted area pass has been designed to be worn on outer clothing, no person shall enter or remain in a restricted area unless the pass is visibly displayed on the person's clothing in a place where the pass is designed to be worn.

This case seems rather straightforward in that Mr. Tweedy, an Inspector for Transport Canada Security, observed Mr. Taylor on the Winnipeg International Airport without his restricted area pass visibly displayed.

Mr. Taylor concurs with Mr. Tweedy and said he did not want to display the pass "unless someone else paid for losing it." Mr. Taylor gave an argument as to how fragile the pass and its clip were.

Mr. Walter Weber, Police and Security Services Coordinator, Transport Canada, testified that the pass can be worn any way one wishes but, as the regulation states clearly, must be "visibly displayed."

In Exhibit M-3 "Statement of Ralph Charles Tweedy," I quote, "Following further persuasion, Mr. Taylor clipped his pass onto the outside of his pocket. It was apparent from Mr. Taylor's attitude regarding pass display that continued compliance was not likely forthcoming."

Therein lies the reason for the violation. Mr. Taylor as reluctant and argumentative as he was complied at the scene. Mr. Tweedy, in his wisdom, did not believe it would last and an attitude adjustment must be made and Mr. Taylor was fined.

Mr. Clint Toews, presenting officer for Transport Canada, explained Transport Canada's purpose regarding security.

Transport Canada does not feel the penalty was excessive and begged the $75 fine be upheld.

CONCLUSION

Upon lengthy deliberation and in consideration of the maximum penalty not exceeding $1,000, I am convinced hereby to confirm the Minister's decision.

James C. Campbell
Member
Civil Aviation Tribunal