Flight Safety Inspection
The inspection of civil aviation activity is carried out by a flight safety inspector and/or a SAFA inspector. The inspector is independent in his activity and acts on the basis of Georgian legislation, international treaties and agreements; the Agency secures his functional independence in the inspection process. The flight safety inspector may at any time, without obstacle, enter aviation enterprises and their buildings, aircraft registered in the state register and operating on the territory of Georgia, demand any document and information connected with flight safety, operation and maintenance and aviation security, examine procedures and technical equipment, and speak with any person for the purpose of assessing the relevant procedures. The SAFA inspector exercises the same rights with respect to aircraft registered in the registers of other states. The inspector's independence is a formal guarantee: he is independent in his activity, and the Agency secures this independence functionally — which means the result of an inspection must not depend on the size or reputation of the organization. At the same time, the subjects of inspection have the opportunity to submit their own views on the procedures, and that right is an important instrument when appealing results.
The Results of Inspection and Revealed Danger
In carrying out the inspection, the inspector may suspend the flight of an aircraft and suspend for any person the further exercise of rights conferred by a certificate or other aviation document, where the deficiency discovered endangers flight safety or civil aviation security. The subjects of inspection — legal and physical persons — are obliged to assist the inspector and submit all relevant documents and information. The Agency may withhold from publication information obtained in inspection where its disclosure might negatively affect safety, in accordance with Annex 19 to the Chicago Convention of 1944.
Crew Testing for Alcohol
The inspector may conduct an examination (testing) of a crew member to establish the fact of alcoholic intoxication. Testing is carried out with a breathalyser apparatus — the crew member exhales a continuous stream of air through a special tube, in physical contact with the apparatus, until the final result is recorded. A reading of 0.2 per mille or less of ethanol in the blood confirms the absence of intoxication; more than 0.2 per mille confirms the fact of intoxication, and the crew member is entitled to request a repeat test — no earlier than 15 and no later than 30 minutes after the first. Evasion of testing or confirmation of the result entitles the inspector to remove the crew member from the piloting and servicing of the aircraft. Where the crew member disagrees with the result, he is entitled — no later than 2 hours of the first testing — to undergo an expert examination at the Levan Samkharauli National Bureau of Forensic Examinations or at a medical/expert institution holding a licence for forensic medical examination. Breach of the exhaling procedure through the special tube is likewise deemed evasion.
To summarize: the safety compliance system consists of three processes. First, inspection: an independent inspector enters the enterprise and the aircraft at any time, demands documents and assesses procedures. Second, response: in case of danger the flight and the rights are suspended. Third, testing: the breathalyser operates at a 0.2 per mille threshold, with the right to a repeat test within 15 to 30 minutes. Knowledge of these three allows an organization to prepare for an inspection in advance.
The Security Programme and Event Reporting
The Code adds two further layers here. The aviation security programme — a set of rules and measures aimed at raising the level of flight safety — is developed in accordance with international treaties and approved by the government, while the general rules of the security management system are established by the agency: the systematic approach covers the organizational structure, the hierarchy of responsible persons, guiding principles and procedures. The second layer is the aviation event: an accident, serious incident or incident, as well as a failure of the aircraft or its system, a failure of the means used in servicing, or any other unusual situation that affected or could have affected safety. The reporting procedure is approved by the agency; the agency collects the information, ensures the confidentiality of the provider's personal data, builds a database and exchanges the data with foreign authorities and international organizations. And the decisive principle: the purpose of reporting is prevention, not the establishment of anyone's blame.
Frequently Asked Questions
Below we answer the questions most frequently asked on this topic.
Who conducts the inspection?
A flight safety inspector and/or SAFA inspector — functionally independent, with independence secured by the Agency.
May a flight be suspended?
Yes — during an inspection the inspector suspends the flight where the deficiency discovered endangers flight safety or civil aviation security; the suspension also extends to the exercise of rights conferred by a certificate.
What is the testing threshold?
0.2 per mille: at or below — no intoxication; above — the fact of intoxication, with the right to a repeat test between 15 and 30 minutes.
Is there a duty to assist?
Yes — the subjects of inspection must assist the inspector and submit every document.
What if the crew member disagrees with the test?
He may undergo an expert examination at the National Bureau of Forensic Examinations or a licensed expert institution — no later than 2 hours of the first testing.
How We Help on Legal.ge
The results of inspection — suspension of a flight, restriction of rights, a testing result — often become disputed, and their appeal depends on formal terms. On Legal.ge you can consult an aviation-law lawyer who will assess the lawfulness of the inspection, analyse the grounds of the decision and protect your interests. Submit a request on the site — indicating the type of organization and the field of compliance — and get qualified assistance in implementing the programmes and resolving disputes.