UK Offence Report

Contravention of The Air Navigation (Second Amendment) Order 1991

the instrument as a whole of The Air Navigation (Second Amendment) Order 1991

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

Contravening this instrument is an offence under section

61 of the Civil Aviation Act 1982. The instrument itself contains no offence-creating words.

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 This is the text as originally made; later amendments are not shown here.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
breaching the provision
Fault element
Strict liability
Burden of proof
Not determined

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.

Classifier’s reasoning: contravention offences of this kind are strict as to the breach; the fault position is governed by the parent Act and was not read from it.

What would breach the instrument as a whole?

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 what the provision prohibits, or failing to do what it requires under the Air Navigation (Second Amendment) Order 1991.

Penalty

Mode of trial
Set by another provision — the instrument states the penalty by reference to an Act or to another regulation
Maximum fine
Not determined
Maximum prison (summary)
Not determined

The instrument does not state a penalty itself. It sets one by reference to section 61 of the Civil Aviation Act 1982.

the penalty is in the parent Act, not in this instrument.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

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
Status not determined
Made
24 July 1991
In force from
Not determined
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

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

This Order amends the Air Navigation Order 1989. The principal changes are: 1 With effect from 1st November 1992, revised requirements are introduced for the marking of nationality and registration marks on aircraft registered in the United Kingdom (article 2(1) and (30)). 2 A certificate of airworthiness is required by a balloon flying on a flight for the purpose of aerial work or public transport (cargo) as well as on a flight for the purposes of public transport of passengers (article 2(3)). 3 With effect from 14th November 1991 six new classes of airspace will replace all existing classifications of airspace in the United Kingdom. The meanings of controlled airspace, control areas and control zones are redefined accordingly. The flight crew licensing and equipment requirements which applied in what was previously controlled airspace will continue to apply in substantially the same form in the same airspace. Imperial measurements have been converted into metric measurements in certain articles. New criteria are introduced for flight in visual meteorological conditions. (Article 2(4), (14), (15), (17), (18), (19), (20), (22), (25), (26), (31), (32), (35), (36), (37) and (39)—(55)). 4 An aircraft commander on a public transport flight must ensure that all passengers and cabin baggage are secured when the aircraft is taxiing (article 2(8)). 5 Certain portions of controlled airspace will be notified as area navigation routes or areas. In order to fly within such a route or area an aircraft must be equipped with approved area navigation equipment which has been installed in an approved manner. When flying within such a route or area an aircraft must navigate by means of that equipment. Apart from such area navigation routes or areas within which the use of approved area navigation equipment is mandatory, certain other routes and areas within controlled airspace will be notified for area navigation purposes. Within this additional notified airspace it is not mandatory for an aircraft to use area navigation equipment. However, if it is navigated by means of area navigation equipment then that equipment must be of an approved type, installed in an approved manner. The approval of equipment, installation and maintenance must be in accordance with the law of the country in which the aircraft is registered. In the case of UK registered aircraft the required approvals must be sought from the Civil Aviation Authority (article 2(9) and (16)). 6 Regulations made by the Secretary of State in connection with the carriage of dangerous goods may confer powers on authorised persons relating to the enforcement of those regulations (article 2(11)). 7 Public transport helicopters with a maximum total weight authorised exceeding 3600kg will no longer be required to have break-in areas indicated by markings on the exterior surfaces of the fuselage (article 2(12)). 8 A person shall not exercise the privileges of an air traffic controller’s licence when under the influence of drink or a drug to such an extent as to impair his capacity so to act (article 2(13) and (56)). 9 Military aircraft means the naval, military or air force aircraft of any country, any aircraft being constructed under a contract entered into by the Secretary of State for the naval, military or air force of any country and any aircraft in respect of which there is in force an appropriate certificate issued by the Secretary of State (article 2(23)). 10 Persons who are entitled to share the costs of ownership of an aircraft in the capacity of co-owner of the aircraft or a shareholder in a company which owns the aircraft must be natural persons (article 2(27) and (28)). 11 The parameters required to be recorded by an approved flight data recorder are varied. They now include cockpit warnings relating the master warning system fitted in the aircraft (article 2(33)). 12 An aircraft need not carry any special communications or navigation equipment on a flight to, from or over Berlin (article 2 (38)).

Read the full note and every offence in this 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 0.50.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.50 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