LGW MDI/F23/09 - Penalty Point Scheme
Managing Director's Instruction
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Penalty Point and Fining Schemes: The Regulation Ref Number: MDI/F23/09
of Airside Safety and The Handling of Airside
Infringements Expiry date: 31/10/2014
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This replaces Ref. No. MDI/F18/05 & MDI/A17/04
Please replace these previous MDI's which should now be destroyed
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| It is the responsibility of all employers to ensure that relevant Airport |
| Notices are brought to the attention of their staff. However individuals |
| remain responsible for their own actions and those who are in any doubt should |
| consult their supervisor or manager. |
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Appendices must be read in conjunction with this MDI
1. INTRODUCTION
Under the provisions of CAP 642 ''Airside Safety Management'' the Civil Aviation Authority has detailed 'best practice' for Aerodrome Licensees to regulate and audit the safety of airside operations. Additionally under the
terms of The Health and Safety at Work Act 1974 all employees have a
responsibility for the health and safety of themselves and others.
This MDI supports the regulation of airside safety standards contained within the Air Navigation Order, The Gatwick Airport Byelaws, The GAL Aerodrome Manual, Gatwick Airport Notices, Airfield Advice Notices and Managing Director's Instructions.
GAL (Gatwick Airport Ltd) Airfield Operations Department, GAL Baggage Managers, Flow Team Managers and Sussex Police are authorised to issue Airside Caution Notices (ACN's) when an infringement of standards has occured. The ACN and any associated reports ensures that a process is recognised to ensure that airside infringements are processed, recorded and any recurring failures identified and addressed. At the discretion of GAL the ACN may result in financial penalty to the company involved and / or the issue of Penalty Points recorded against the responsible driver's Airside Driving Permit (ADP) or Airside Pass.
2. BACKGROUND
The Airside Driving Penalty Point scheme was introduced at Gatwick in 2002. In order to enhance airside safety airports have introduced similar schemes and this MDI aligns the issue of penalty points more closely with other schemes. In accordance with data protection legislation this allows airports to recognise members of staff who have active penalty points.
Penalty Points issued at any airport are valid at Gatwick and will result in a driver being refused a Gatwick ADP if relocating through loss of a permit elsewhere.
Gatwick Airport Ltd remains concerned at the level of airside infringements and the issue of penalty points is intended to highlight unsafe practices
that may require further training and deter staff from careless and
irresponsible behaviour.
Drivers and Airside Staff are are expected to follow all airside rules and principles as set forth in Airport Bye-Laws, Airport Notices and Airside Training Schemes. Companies remain responsible for the dissemination of information to staff contained within Gatwick Notices.
This MDI also introduces the principle of fining companies for
infringements as detailed in Appendix A . Income raised by fines will be used for ramp safety initiatives.
A mimimum period of three months grace will be allowed to ensure the fining scheme becomes embedded. The live date for the fining scheme to become effective will be 2nd of January 2010.
Companies who have been issued with a financial penalty will be invoiced at the end of each month. Company account numbers must be advised when required.
3. SCOPE AND PURPOSE
3.1 This MDI affects all staff and companies when airside.
3.2 Ignorance of this MDI and its content is not an acceptable excuse when an infringement has occurred and it is the responsibility of companies to ensure that staff are aware of the implications.
3.3 Gatwick Airport Ltd seeks to provide a safe airside working
environment by ensuring that current legislation is met and control measures are employed to promote full compliance of airside legislation and rules. This MDI and the penalties contained within, encourage safe and responsible behaviour while providing control measures for non compliance by individuals and companies.
3.4 The issue of Penalty Points does not negate prosecution of individuals or companies under the Air Navigation Order or Airport Byelaws.
4. PROVISIONS FOR THE REGULATION OF AIRSIDE SAFETY STANDARDS
A) Company Airside Infringements Subject to Fine
4A.1 A list of infringements will be found at Appendix A.
B) Asset Recovery
Gatwick Airport Ltd reserves the absolute right to recover any costs associated with damage to any GAL vehicle, plant, equipment, building or infrastructure however caused, or any loss or interruption to the business process due to incidents or accidents landside or airside at Gatwick Airport. Recovery action will normally be taken against the operating company or companies responsible for the loss.
C) Airside Driving and Airside ID Pass Penalty Point Systems
C.1 Two Penalty Point schemes are in operation at Gatwick Airport. Penalty Points may be issued following a contravention against a staff members
Airside Driving Permit (ADP) or Airside Identification Pass or both.
Penalty Points are individual to each scheme and do not count in total with one another.
C.2 Staff or Drivers who contravene airside driving or disciplinary rules will normally be issued with an Airside Caution Notice (ACN). Following a review or investigation of the incident by Gatwick Airport Ltd., Penalty Points may be issued. Points will be issued by the GAL Driving Standards Manager or other Airfield Operations Managers. This MDI introduces the immediate issue of ADP Penalty Points when appropriate by Airfield Operations Staff. Appendix B refers. Where an incident has taken place Penalty Points may not be issued until after a GAL investigation which may involve the staff members company. Airside Companies are obliged to co-operate with any such investigation and communicate any mitigating circumstances or other factors to the above mentioned.
C.3 ACNs may be issued by GAL Airfield Operations, Sussex Police and Managers of Baggage Operations (MBO) or Security Flow Team Leaders.
C4.4 A list of offences is attached as Appendix B & C of this MDI, though these lists are not exhaustive.
C.5 To enable efficient Penalty Point data management and allow easier
access to data by Gatwick Airport Ltd and Airside Companies, an
individual's ADP information will be required to be registered on a database. Further information will be made available by the Driving Standards Manager as the database becomes operational. Companies may apply for free access to their employee's Penalty Point records by contacting www.AirDAT.org
C.6 Where video data is available this may be used evidentially and may be used to assess an incident or infringement in support of an ACN, subject to current Data Protection legislation.
D) Implications of Penalty Points issued against Airside Driving Permits and Airside ID Passes
D.1) Penalty Points are recorded on a secure database. Penalty Points issued at Gatwick Airport may be valid at other airports and Penalty Point information will be shared with other airports to enhance airport safety and security.
D.2) Should a total of 6 points or more be reached on an ADP or Airside Pass within a rolling 12 month period, the staff member will be required to be retrained and must successfully complete the ADP theory exam. A practical driving assessment may also be required and The Driving Standards Manager may require that retraining is carried out by Gatwick Airport Ltd at the employer's expense. Third Party driver trainers authorised and qualified to offer retraining of their own employees must keep the appropriate follow up actions for any subsequent audit process.
D.3) In addition should an employee's penalty points reach nine to eleven issued against the ADP or Airside Pass in a rolling 24 month period, then the employer must ensure that the employee is formally appraised of the consequence of further points being issued. The employer will communicate any actions taken to the Driving Standards Manager or a member of The Airside Compliance Team.
D.4) Should an employee reach a total of 12 penalty points issued within a
36 month period on either scheme, the ADP or Airside Pass will be removed for a minimum 3 month period. The maximum period that applies will be at the discretion of GAL. During this period the employee will be either denied airside access in the case of Apron Penalties or be banned from airside driving in the case of ADP Penalties. Points issued remain active for the three year period, thus the issue of further points issued may result in a further ban.
D.5) In extreme circumstances or where prosecution, gross misconduct or fraudulent use of privileges has taken place, the withdrawal and exclusion of an employee's privileges may be permanent. Such information may be shared to enhance safety and security at other airports.
D.6) Following the period of exclusion an empolyee may, if they have remained employed, or have obtained re-employment with an alternative airside company, re-apply for apron access or driving privileges, subject to suitable re-training and competency checks. Such re-training may be by GAL or nominated training company at the employer's expense. Competency may be required to be demonstrated to a GAL Manager. In the case of an Airside Pass removal GAL will seek reassurance from the employer that actions have been taken to prevent reoccurrence.
D.7) Any Penalty Points issued are active for three years although records may be retained for seven years. Penalty points issued for separate offences may be cumulative.
D.8) Statistical information on Penalty Points issued to companies will be promulgated at Airport Governance Forums. Such information may be used to assess company performance and to assist in the analysis of incident cause and effect. Such learning will be shared with airside companies whenever
appropriate. Company totals and performance may be used during
consideration of contract renewals for Ground Handling or Airside Operator Licences.
E) Immediate removal of ADP or Airside ID Pass
E.1) In the interest of safety, the offender's interest or in circumstances where a serious incident or offence has occurred, an Airport Official or Constable may immediately remove a driver's ADP or / and Airside Pass. A non Gatwick ADP may also be removed should the driver be driving airside without proof of a 'Familiarisation.' ADPs or the Airside Pass may be removed if the Gatwick Byelaws have been broken. The removal of either pass or permit remains at the sole discretion of the Airport Official or
Constable. A Caution Notice will normally be issued to the employee or in
their absence to the employer giving the factual reasons for the removal.
The following are examples of when an ADP may be removed:
- when expired
- when suspected of being 'under the influence of alcohol or drugs contrary to byelaws'
- excessive speeding, observed or recorded
- obstruction or interference with the operation of an aircraft
- dangerous driving
- any serious incident or accident where damage or injury has occurred
- unauthorised taxiway or manoeuvring area access on foot or by vehicle
- abuse of GAL staff
- fail, refuse or neglect an indication, sign or direction given by a Police Constable or Airport Official
- other breach of Gatwick Byelaws
- endangering an aircraft through close proximity or other
- damaging an aircraft
- when requested by an employer following a serious incident or accident
- at Police, Airfield Ops, MBO or FTL discretion (an explanation and ACN will be given)
This list is not exhaustive
Penalty Points and an ID or ADP ban will be considered as appropriate although the return of privileges will depend on the seriousness and impact of the offence. The ADP or Airside ID Pass may be returned after investigation and in consultation with the Offender's company. Remedial Training where requested or required must address the infringement and be provided by suitably qualified trainers.
All staff are reminded that Gatwick Airport Ltd will not tolerate threatening behaviour, verbal abuse or violence directed at their staff.
Airfield Operations Staff are responsible for safety and discipline airside and directions given by them must be observed and obeyed.
5.0 APPEAL PROCESS
5.1 Appeals made against Penalty Points, Fines or other disciplinary actions taken by GAL must be made in writing within 21 days of the employer receiving notification of the actions taken.
5.2 Appeals by staff members must be submitted and supported by and with the support of the employee's employer. In addition the employee may also include a written submission that will admitted . These will be made in writing to the Driving Standards Manager, 8th Floor Destinations Place, South Terminal, Gatwick Airport, West Sussex, RH6 ONP. Companies may appeal on their own behalf.
5.3 Appeals submitted as above will be considered by The Airside Compliance Manager (ACM) or other Gatwick Manager of similar seniority during the first two working weeks of the following month. The ACM may convene a meeting with the employer or seek other information in considering the appeal.
5.4 The Appeal Manager has the absolute right to reduce, maintain, increase or otherwise alter the penalty points, fine or other previous action. The decision of The Appeal Manager is final.
6.0 IDENTIFICATION OF STAFF / COMPANY PENALTY POINTS
11.0 It is required that all companies are able to identify drivers of vehicles and equipment at all times while airside. Should a company be unable to provide this information the penalty points will be issued against the company involved.
11.1 Company penalty points will be used to identify areas of poor compliance and be considered upon renewal of the Airside Operator's Licence or Ground Handling Licence.
11.2 Company Penalty Points will accrue on a three year validity basis and may be used as specified in paragraph 7.8.
7.0 QUESTIONS
Any questions about this MDI should be directed to the GAL Driving Standards Manager on 01293 503044 or 07889 922620 during office hours only.
Outside of these hours please contact the Airside Serivice Delivery Leader
(ASDL) ON 01293 503085 or 07836 233241
(Embedded image moved to file: pic05764.jpg)
Jerry Barkley
for and on behalf of the Managing Director
Date: 09/10/2009
Distribution: Full
Appendices/attachments:
(See attached file: MDI Appendix A VS 2 0909.doc)(See attached file: NEW MDI Appendices B,C,D,E UPDATED 0909 VS2.doc)
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