On August 4, 2024, Ministerial Resolution No. 435-2024/MTC was published by which the Ministry of Transportation and Communications approved a new Regulation on Aeronautical Infractions and Sanctions (the “New Regulation”), repealing Ministerial Resolution 361-2011-MTC/2 which approved the previous regulation.
The modifications contemplated in the New Regulation consist of, among others:
1. Amount of the fine: previously, the highest amount of a fine for a very serious infraction was 300 UIT. The new regulation contemplates fines of up to 950 UIT.
2. SLOTS: A series of punishable conducts related to the use of SLOTS are typified, including: (i) requesting new slots not intended to operate and/or requesting slots for an operation other than the one indicated; as well as, keeping slots not intended to operate or, for an operation other than the one contemplated for the purpose of denying capacity to another airline/air operator; and (ii) ceding or transferring, by the airline/air operator, slots to another airline/air operator; (iii) transferring slots to another airline/air operator for the purpose of denying capacity to another airline/air operator.
3. Insubordinate Passenger: The definition of insubordinate passenger is limited to the behavior of a passenger inside an aircraft. Previously, such definition also covered behavior inside the airport.
4. Time limit for disqualification to be exercised: It is determined that a sanction imposing a suspension or disqualification may be enforced once the Directorial Resolution that ended the administrative sanctioning procedure has become final or has been consented (15 working days). This implies that the authority could establish shorter terms for these decisions to take effect, which could complicate air operations. In the previous regulation, a term of 15 working days was foreseen for these types of sanctions to become effective.
5. Solidarity: The concept of solidarity is extended for the commission of infractions committed by aeronautical personnel, functional managers, medical examiners or doctors, evaluators when there is evidence that it occurred as a consequence of the relationship of power and subordination with their employer or training center. The air operator, OMA, air navigation service provider entity, aerodrome operator, airport specialized service operator, accredited agent, civil aeronautical instruction center, aeroclub or medical assistance center, as the case may be, may be jointly and severally liable for compliance with the financial penalty imposed on their personnel.
6. Infractions related to the environment: A chapter is incorporated that considers infractions related to environmental protection, aircraft noise reduction and compliance with the Carbon Offset and Reduction Plan for International Aviation (“CORSIA”) of the Peruvian Aeronautical Regulation – RAP 316.
7. Recidivism: the time criterion for the consideration of recidivism in the commission of infractions is reduced to 1 year (previously 3 years). It should be noted that the new regulation specifies that “recidivism” implies the commission of the same infraction, while the previous regulation referred to a “similar infraction”.
For further information, please contact Guillermo Puelles (gpuelles@estudiorodrigo.com), Jorge Trelles (jtrelles@estudiorodrigo.com) and/or Sabrina Montoya (smontoya@estudiorodrigo.com).
