Reliability of a person in civil aviation

Posted by: 12. 8. 2025
Update: 14/9/2025

The reliability of a person in civil aviation is a very important part of protecting civil aviation from unlawful acts. Its proof is necessary in many cases, for example, when a person is to have free access to parts of an airport that are not accessible to the public. For example, it is essential for pilots flying commercial air transport to such airports and its failure to prove it can have fatal negative consequences for them

The condition for declaring the reliability of a natural person is, according to Act No. 49/1997 Coll., on civil aviation (hereinafter "Civil Aviation Act"), her integrity a credibility. How to proceed when applying for a person's security clearance for civil aviation purposes? What to do if the application is rejected? What are the requirements for an appeal against a rejection? We will answer all of these questions in this article.

Legal regulation – integrity and credibility

The definition can be found in the provision of Section 85f of the Civil Aviation Act:

(1) For blameless For the purposes of background checks, a natural person is considered to be a person who has not been finally convicted of an intentional crime or who has not been finally convicted of a crime committed through negligence in connection with the performance of aviation personnel activities, the operation of an airport, the provision of aviation services or the operation of aviation activities, unless he is regarded as not having been convicted.

(2) For trustworthy For the purposes of background checks, a natural person is considered to be a person who does not pose a specific risk in relation to the activity he intends to perform and for which he must be reliable. A specific risk is a reasonable suspicion that the natural person's past conduct, work or social contacts significantly indicate that he could expose civil aviation to the risk of an unlawful act.

Key points and recommendations

The background check process is essential, especially for those working in the civil aviation environment, where a high level of trustworthiness and integrity is required. If an applicant fails this process, they have the right to withdraw.

Below we summarize the procedure and the most important moments of the entire process based on current decisions of administrative authorities:

1. Submitting an application for a civil aviation background check

The application is submitted to the Civil Aviation Authority (hereinafter referred to as "theUCL") according to the Civil Aviation Act.
The Office verifies the identity and integrity of the applicant, requesting extract from the Criminal Record a binding opinion of the Police of the Czech Republic to the credibility of the applicant.

The Czech Police assesses whether the applicant has a so-called specific riskthat it could expose civil aviation to the risk of an illegal act - for example, repeated drunk driving is considered very risky behavior.

2. Unreliability decision

If the Czech Police issues a negative opinion, the Customs Office will decide on the applicant's unreliability and will not issue him/her a certificate of reliability.

The decision provides specific justification, including a description of the facts found (e.g. driving under the influence of alcohol, violent crime, etc.) that make the person untrustworthy.

However, it does not have to be just a criminal activity as such, which was also stated by the court.

The Municipal Court in Prague also decided on the assessment of reliability in its decision 14 A 102/2022-44: "The Office assessed the claimant as untrustworthy based on a binding and affirmative opinion, because he was so significantly involved in the far-right movement that he had a reasonable fear of exposing civil aviation to an unlawful act. The fact that the plaintiff has not yet committed a criminal act in the performance of his employment does not guarantee his credibility. "

3. Possibility of appeal

The decision of the Customs Office can be appealed against appeal within 15 days from the date of delivery of the decision, via the Customs Office to the Ministry of Transport.

The appeal has suspensive effect – the decision is not enforceable until the final decision of the appeal body

4. Appeal proceedings

The Ministry of Transport will review the contested decision and the entire process of its issuance.

In the appeal, it is appropriate to document new facts that may indicate a change in circumstances (e.g. completion of addiction treatment, voluntary therapy, positive opinions from experts, restoration of medical fitness, etc.)

In the specific case, the appellant provided evidence of completion of outpatient and residential psychotherapy, positive evaluation by therapists, and restoration of medical fitness to perform as a pilot. Although the appellant acknowledged his misconduct and provided evidence of efforts to rectify the situation, the Ministry of Transport confirmed the original decision on unreliability, because the negative opinion of the Czech Police was also confirmed by a superior authority and the law does not allow for a different decision in such a case.

5. What to watch out for

The key point is the position of the Czech Police: If it is negative and confirmed by a superior authority, the administrative authorities are bound by this opinion and cannot decide otherwise, even if the applicant demonstrates correction of his or her behavior or positive changes in his or her life.

Transparency and timeliness: Observe the deadlines for filing an appeal and attach all relevant documents and opinions that can support your credibility.

Consequences for professional life: A decision on unreliability has a major impact on the ability to pursue a career in civil aviation and can also affect other personal and professional aspects of life.

Re-application after a negative opinion: The legal regulations do not stipulate a minimum deadline for submitting a re-application, however, from our experience, it cannot be expected that the Police of the Czech Republic would change its opinion (and therefore issue a positive certificate of trustworthiness) earlier than after the expiry of a period of 12 months from the original application. According to our information, there is a methodological instruction for such situations at the Police of the Czech Republic, however, the Police refused to submit it to us via a request for information.

6. Recommendations for applicants

Before applying, please check if you have any past records that could be considered risky behavior.
If there has already been a rejection, state all new facts in the appeal and document your efforts to rectify the situation.
In the event of a negative opinion from the Czech Police, it is advisable to consult a lawyer with experience in the field of administrative law and civil aviation regarding further action.
Be prepared that, despite documented correction, the appeal may not be successful if the Czech Police confirms its negative opinion.

7. Ex officio reliability review

If the applicant has obtained a reliability certificate, but if the ÚCL discovers during the validity period of the reliability certificate facts indicating that the holder of the certificate is in fact is not reliable or has lost its reliability, the Customs Administration will launch ex officio credibility review proceedingsIf the suspicion is confirmed, the Customs Office will issue a certificate of unreliability.

záver

The most important point of the entire process is the binding position of the Czech Police. Its a negative result practically makes it impossible to issue a certificate of reliability, even with documented correction and positive changes in the applicant's life. Therefore, it is important to pay attention to integrity and credibility not only at the time of application, but even in a previous life.

Source: Epravo.cz

Are you going to apply for a civil aviation security clearance and want to succeed the first time? Or have you already received a negative decision and want to know what your options are? We will help you! Your legal security is our priority!