Airport curfew prosecution

Long time readers of our newsletters will recall past articles regarding airlines being prosecuted and fined for breaching the night curfew at Sydney Airport.

Sydney Airport has for a number of years had a permanent curfew on flights from 11pm to 6am. The fines for breaching the curfew can be substantial under The Sydney Airport Curfew Act 1995 (Act). The current maximum fines under the Act are A$550,000 for a corporation and A$110,000 for an individual aircraft operator.

Recently an airline was fined A$148,500 after pleading guilty for a departure from the Airport approximately 30 minutes after the curfew in circumstances where the aircraft had experienced a delayed departure due to a number of factors, including mechanical problems and local accommodation could not be found for passengers. A dispensation for the late departure was refused by the authorities at the time.

The fine is a reminder of the serious stance by the Australian Government and the Courts to breaches of the curfew, and the extent of the fines that may be imposed. Repeat offences by airlines could result in substantially higher fines.

Written by Simon Liddy, Partner