UK Offence Report

Contravention of The Air Navigation (Dangerous Goods) Regulations 1994

the instrument as a whole of The Air Navigation (Dangerous Goods) Regulations 1994

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 article 265(5) and Schedule

13 of the Air Navigation Order 2016. 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 This is the text as originally made; later amendments are not shown here.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 (Dangerous Goods) Regulations 1994.

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 article 265(5) and Schedule 13 of the Air Navigation Order 2016.

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
6 December 1994
In force from
1 January 1995
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.

These Regulations consolidate the Air Navigation (Dangerous Goods) Regulations 1985 as amended. In addition to some minor drafting amendments the following changes are made: “dangerous goods” is defined by reference only to the definition in the Technical Instructions. (regulation 3(1)). The definition of “Technical Instructions” now refers to the 1995-1996 English language edition approved and published by decision of the Council of the International Civil Aviation Organisation (regulation 3(1)). Operators and their agents are required to display notices sufficient in number and prominence at any location where baggage is checked in for a flight notifying passengers of the categories of dangerous goods which may not be taken on board the aircraft either as checked baggage or accompanying the passenger. (regulation 9(2)(b)(ii)). The Regulations do not apply to dangerous goods carried by aircraft flying under and in accordance with the terms of a Police Air Operator’s Certificate if they are carried for the purposes of providing medical aid or subject to Regulation 4(1)(a) any other dangerous goods (regulation 3). The 1995-96 English language edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air can be purchased from either: Freight Merchandising Services Unit 19 Ashford Industrial Estate Shield Road Ashford Middlesex TW15 1AU or Labeline (Air, Sea and Road) Hollyhouse 14 Tenby Road Frimley Surrey GU16 5UT Printing and Publication Services Greville House 37 Gratton Road Cheltenham Gloucestershire GL50 2BW The following Table shows, in relation to each Regulation of and Schedule to the Air Navigation (Dangerous Goods) Regulations 1985, as amended, the Regulation of or schedule to the 1994 Air Navigation (Dangerous Goods) Regulations in which it is reproduced. 1985 Regulations as amended 1994 Regulations 1 1 2 2 + Schedule 3 3 4(1) 4(1) 4(2) 4(2) 4(3)(a)(b)(c)(d) 4(3)(a)(b)(c)(d) 4(3)(i)(ii)(iii) 4(4) 5(1) 5(1) 5(2) 5(2) 5(2A) 5(3) 5(3) 5(4) 6 6 7 7 8 8 9 9 10 10 10A 11 11 12 13

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 0.55.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.55 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