UK Offence Report

Penalties

article 99(5) of The Air Navigation Order 1989

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

5 If any person contravenes any provision specified in Part A of Schedule

12 to this Order he shall be guilty of an offence and liable on summary conviction to

a fine not exceeding £1000.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
contravening a requirement of the instrument
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach article 99(5)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Doing the thing the provision prohibits under the Air Navigation Order 1989, whatever the reason for doing it.
  2. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
£1,000
Maximum prison (summary)
Not determined
Maximum prison (on indictment)
2 years

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Revoked
Revoked by
The Air Navigation Order 1995
Revoked on
16 May 1995
Made
1 November 1989
In force from
29 November 1989
Extent
Not stated

How this was established: the instrument was revoked by a later instrument found in this corpus.

What the instrument is for

(This note is not part of the Order) — the explanatory note published with the instrument, © Crown copyright.

This Order consolidates the Air Navigation Order 1985, as amended. In addition to some minor drafting amendments the following changes are made: 1 A glider which is flying for the purpose of aerial work which consists of the giving of instruction in flying or the conducting of flying tests in circumstances where the glider is owned or operated by a flying club of which the person giving the instruction or conducting the test and the person receiving the instruction or undergoing the test are both members, need not be registered and need not have a certificate of airworthiness. A flight crew licence is not required by a member of the flight crew of a glider flying for the purpose of aerial work which consists of conducting flying tests in the same circumstances. If valuable consideration is given or promised for the purpose of conferring on a member of a flying club the right to fly a glider owned or operated by the flying club it shall not thereby be deemed to be a flight for the purpose of public transport for airworthiness purposes (articles 3(1), 7(1), 20(8) and 107(2)). 2 The Authority must now cancel the registration of an aircraft within 2 months of being satisfied that there has been a change of ownership. This reflects the present practice whereby a period of grace is allowed to enable the new owner to register (article 4(13)). 3 When a copy of the technical log or load sheet is permitted to be carried in an aircraft instead of being left on the ground it may now be so carried in any container approved by the Authority for that purpose (articles 10(4) and 29(5)). 4 With effect from 4th December 1989, no further Senior Commercial Pilot’s Licences (Aeroplanes) (SCPL) shall be granted by the Authority (except renewals for persons holding a SCPL on 3rd December 1989). Any SCPLs which would not otherwise expire on or before 3rd December 1994 will be deemed to expire on that date (article 21(2) and Schedule 8). 5 The privileges of a Basic Commercial Pilot’s Licence (Aeroplanes), a Commercial Pilot’s Licence (Aeroplanes) and a Commercial Pilot’s Licence (Helicopters and Gyroplanes) are being altered. Whereas the holder of a BCPL(A) has hitherto been entitled in certain cases to act as co-pilot of an aircraft flying for the purpose of public transport only if its maximum total weight authorised is 5700kg. or less and the holder of a CPL(A) or a CPL(H) has hitherto been entitled to act as pilot in command of an aircraft flying for the purpose of public transport only if its maximum total weight authorised is 5700kg. or less, he will now be entitled to act as co-pilot or pilot in command (as the case may be) of such an aircraft only if it is certificated for single pilot operation. The date on which the altered privileges come into force is determined as follows: a any such licence initially issued on or after 4th December 1989 shall have the altered privileges from the outset; b persons holding such a licence on 3rd December 1989 will not be affected by the altered privileges during the validity of that licence or any renewal thereof until 3rd December 1994 whereafter the altered privileges will apply. The Authority may permit a person to act as pilot of an aircraft certificated for single pilot operation although that aircraft is not included in that person’s aircraft rating when he is testing persons for the purposes of certain provisions of the Order (article 21(10) and Schedule 8). 6 On flights for the purpose of public transport of passengers by United Kingdom registered aircraft capable of Seating more than 30 passengers, certain items of accompanied baggage carried in the passenger cabin may now, with the written permission of the Authority, be secured to seats rather than being stowed in approved stowage spaces (articles 29(6) and 37(2)). 7 To comply with the United Kingdom’s European Community obligations, the Secretary of State will grant permission, pursuant to article 88, to the operator of a foreign registered aircraft to take on board or discharge passengers or cargo in the United Kingdom, where valuable consideration is given or promised, in order to operate an inter-regional air service within the meaning of Council Directive 83/416/EEC concerning the authorisation of scheduled inter-regional air services for the transport of passengers, mail and cargo between Member States, as amended by Council Directive 86/216/EEC and 89/463/EEC (article 90). 8 The provisions of Council Directive 87/601/EEC shall be given effect to in the consideration by the CAA of proposed tariffs for routes between the United Kingdom and other Member States of the European Community (article 91). 9 The estimate of costs or flying hours required to be made at the time of the flight in order to determine the annual costs or annual flying hours of an aircraft must be the best estimate reasonably practicable (article 106). 10 Apart from certain specified provisions, the Order does not apply to very small aircraft. Except in the case of balloons and kites the weight limit has been raised from 5kg. without fuel to 7kg. without fuel (article 109). 11 The Authority may approve persons as qualified to furnish reports to it and to accept such reports in relation to any of the Authority’s functions under the Order (article 110). 12 The requirement on flights in aeroplanes with a maximum total weight authorised of 5700kg. or less to have a safety belt with one diagonal shoulder strap or a safety harness for each passenger seat shall apply to such aircraft certificated to carry not more than 9 passengers (Schedule 4 Scale B(i)(f)). 13 United Kingdom registered aeroplanes flying for the purpose of public transport of passengers: a having a maximum total weight authorised exceeding 5700kg. and conforming to a type for which a certificate of airworthiness was first applied for after 30th April 1972; b which are powered by turbo-jet and have a maximum total weight authorised exceeding 22700kg.; c were first issued with a type certificate on or after 1st January 1958 and which may carry more than 19 passengers; must be equipped in the passenger compartments with an emergency floor path lighting system which is able to facilitate the evacuation of the aircraft notwithstanding the failure of any other required emergency lighting system in the passenger compartment. An aircraft commander must familiarise passengers with the position and use of the system when it is required to be fitted. (Article 36 and Schedule 4 Scale Z(iii).) 14 Requirements are established with effect from 1st February 1991 for the carriage of flight data recorders and cockpit voice recorders by United Kingdom registered helicopters and gyroplanes which have a certificate of airworthiness in the Transport Category and such helicopters and gyroplanes in respect of which an application has been made for such a certificate of airworthiness when flying under “A Conditions” or which have a certificate of airworthiness in the Special Category. Such helicopters and gyroplanes which have a maximum total weight authorised exceeding 2730kg. but not exceeding 7000kg. and/or which may carry more than 9 passengers must be equipped with a 4 channel cockpit voice recorder and a flight data recorder capable of recording and retaining specified data or a combined cockpit voice recorder/flight data recorder which complies with specified requirements. Such helicopters and gyroplanes which have a maximum total weight authorised exceeding 7000kg. must be equipped with a cockpit voice recorder and a flight data recorder capable of recording and retaining specified data (which includes additional data to that required for the helicopters and gyroplanes referred to in the preceding paragraph) or a combined cockpit voice recorder/flight data recorder which meets specified requirements. Requirements are established for the duration and protection of the data which must be retained (article 40 and Schedule 4 Scale SS). 15 An Area Radar Control (Aerodrome) Rating is introduced which entitles the holder of an air traffic controller’s licence at an aerodrome for which the new rating is valid to provide a radar service for aircraft whether or not they are within 40 nautical miles from the aerodrome (Schedule 9, paragraph 2(7)).

Read the full note and every offence in this instrument

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

Other offences in the same instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.92.

Basis
the provision says a person is “guilty of an offence”
Confidence
0.92 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source