UK Offence Report

Contravention of The Air Navigation (Dangerous Goods) Regulations 2002

the instrument as a whole of The Air Navigation (Dangerous Goods) Regulations 2002

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 This is the text as originally made; later amendments are not shown here.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 2002.

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
11 November 2002
In force from
2 December 2002
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 Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations revoke and replace the Air Navigation (Dangerous Goods) Regulations 1994, as amended. In addition to minor drafting amendments, the following changes are made: 1 Definitions are introduced for “acceptance check list”, “cargo aircraft”, “dangerous goods accident”, “dangerous goods incident”, “freight container”, “handling agent”, “ID number”, “non-United Kingdom operator”, “overpack”, “package”, “packaging”, “proper shipping name”, “serious injury”, “UN number”, “unit load device” and “United Kingdom operator” (regulation 3(1)). 2 An approval required under the Regulations shall be granted where the CAA is satisfied that the aircraft operator is competent to carry dangerous goods safely (regulation 4(2)). 3 Requirements are introduced for the operator of an aircraft carrying dangerous goods. In particular, regulation 6(3) requires such an operator to notify the CAA of any dangerous goods carried on an aircraft which is involved in an accident or incident (regulations 6-10). 4 The shipper is required to obtain any necessary approvals for the carriage of certain types of dangerous goods by air (regulation 11(b)). 5 The commander of an aircraft carrying dangerous goods as cargo must, in the event of an in-flight emergency, provide information to the appropriate air traffic services unit about those dangerous goods (regulation 12). 6 Comprehensive requirements are introduced for the training of staff concerned with the carriage of dangerous goods by air. Obligations are placed on shippers and their agents, United Kingdom operators and their agents and on agents for non-United Kingdom operators. The approval of the CAA is required for specified training programmes and training instructors (regulation 13). 7 In addition to the operator of an aircraft flying for the purpose of public transport of passengers, an airport operator and a person who sells flight accommodation must ensure that persons who are or who may become passengers on such a flight are warned as to the types of dangerous goods which they are forbidden to carry (regulation 14). 8 The operator of an aircraft in which cargo is to be carried and any agent of such an operator must ensure that notices giving information about the carriage of dangerous goods are displayed where cargo is accepted for carriage (regulation 15). 9 A copy of the dangerous goods transport document and the written information required to be supplied to the commander must be retained by the aircraft operator (regulation 16(1)). 10 The aircraft operator, shipper and any agent of either must produce to an authorised person documents relating to the carriage of goods which may be dangerous goods (regulation 17(2)). 11 A dangerous goods accident, dangerous goods incident or a finding of undeclared or misdeclared dangerous goods must be reported to the Civil Aviation Authority where it occurs on a flight operated by a United Kingdom operator or on a flight within the United Kingdom operated by a non-United Kingdom operator. A report need not be made under this provision if it has been reported under the Mandatory Occurrence Reporting Scheme established by Article 117 of the Air Navigation Order 2000 (regulation 19). The 2001–2002 and the 2003–2004 English language editions of the Technical Instructions for the Safe Transport of Dangerous Goods by Air can be purchased from—Freight Merchandising Services, Unit 19, Ashford Industrial Estate, Shield Road, Ashford, Middlesex TW15 1AU or Labeline (Air, Sea and Road), Holly House, 14 Tenby Road, Frimley, Surrey GU16 5UT or Documedia Solutions Ltd, 37 Windsor Street, Cheltenham, Gloucestershire GL52 2DG.

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