UK Offence Report

Contravention of The Air Navigation (Fifth Amendment) Order 1999

the instrument as a whole of The Air Navigation (Fifth Amendment) Order 1999

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 This is the text as originally made; later amendments are not shown here.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 (Fifth Amendment) Order 1999.

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
21 July 1999
In force from
1 September 1999
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 further amends the Air Navigation (No. 2) Order 1995. In addition to minor and drafting amendments, the following changes are made: 1 A licence issued by any JAA State in accordance with JAR-FCL has the same privileges in respect of flying an aircraft registered in the United Kingdom as an equivalent licence issued by the Authority (article 3(1)). 2 The minimum age for flying solo is 16 years (article 3(2)). 3 A basic commercial pilot’s licence (aeroplanes) and a flight engineer’s licence shall have their validity maintained on and after 1st January 2000 as though they were licences issued in accordance with JAR-FCL (article 3(5)). 4 JAR-FCL licences and United Kingdom licences for which there are JAR-FCL equivalents shall have their validity maintained in accordance with JAR-FCL, in the case of aeroplane licences on and after 1st January 2000 and in the case of helicopter licences on and after 1st July 2000 (article 3(5)). 5 The validity of an instrument rating (helicopter), a flying instructor’s rating (helicopters) or an assistant flying instructor’s rating (helicopters) shall be maintained in accordance with JAR-FCL on and after 1st January 2000 (article 3(5)). 6 The validity of an instrument rating (aeroplane) or an instructor’s rating shall be maintained in accordance with JAR-FCL (article 3(5)). 7 A JAA licence does not require to be validated by the Authority (article 3(6)). 8 A JAA licence carries the same instructor privileges as one issued by the Authority (article 3(7)). 9 JAR-FCL licences are defined (article 3(8)). 10 United Kingdom licences for which there are JAR-FCL equivalents are defined (article 3(8)). 11 A JAA licence is a licence issued by any State which is a full Member of JAA and in accordance with JAR-FCL (article 3(8)). 12 Changes are made to the privileges of United Kingdom aeroplane licences. Recent experience of night take offs and landings is required only for flights on which passengers are carried. A recency requirement is introduced for flights by day on which passengers may be carried. The 20,000kg limit for holders of a Commercial Pilot’s Licence (Aeroplanes) and an Airline Transport Pilot’s Licence (Aeroplanes) over age 60 is removed (article 3(9)). 13 A separate private pilot’s licence is introduced for helicopters and for gyroplanes rather than a single combined licence (article 3(9)). 14 Changes are made to the privileges of United Kingdom helicopter licences. Recent experience of night take offs and landings is required only for flights on which passengers are carried. A recency requirement is introduced for flights by day on which passengers may be carried. The 20,000kg limit for holders of a Commercial Pilot’s Licence (Helicopters and Gyroplanes) and an Airline Transport Pilot’s Licence (Helicopters and Gyroplanes) is removed (article 3(9)). 15 Licences specified in accordance with JAR-FCL may be issued (article 3(9)). 16 An IMC rating may be issued in respect of a JAR-FCL private pilot’s licence (aeroplanes) (article 3(9)). 17 A night qualification is introduced in place of a night rating (article 3(9)). 18 Instructor ratings are specified in accordance with JAR-FCL (article 3(9)). 19 The manner in which the validity of licences and ratings is required to be maintained is specified (article 3(9)). 20 It is an offence to act in a disruptive manner while in an aircraft, including using threatening language towards a member of the crew of the aircraft or behaving in a disorderly manner towards a member of the crew of the aircraft. These offences are punishable on summary conviction by a fine not exceeding £2,500. It is also an offence to act in a disruptive manner while in an aircraft by wilfully interfering with the performance by a member of the crew of his duties. This offence is punishable on summary conviction by a fine not exceeding £5,000 and on conviction on indictment by an unlimited fine or imprisonment for a term not exceeding two years or both (article 4). Copies of JAR-FCL can be purchased from Westward Digital Limited, 37 Windsor Street, Cheltenham, Gloucestershire GL52 2DG.

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.

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