UK Offence Report

Contravention of The Rules of the Air Regulations 2007

the instrument as a whole of The Rules of the Air Regulations 2007 (revoked)

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 This is the text as originally made; later amendments are not shown here.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 Rules of the Air Regulations 2007.

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
7 March 2007
In force from
30 March 2007
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 Rules of the Air Regulations 1996, as amended. In addition to some minor drafting amendments, the following changes are made: 1 The exemption from the 500 ft rule for aircraft taking-off or landing in accordance with normal aviation practice is extended to aircraft that are air-taxiing (which is defined). (Rule 6(a)(ii)). 2 VFR flight in Class C airspace above flight level 195 or along a Class C ATS route (which is defined) at any level is prohibited unless authorised by the Civil Aviation Act 1982. (Rule 19). 3 The filing of a flight plan for a VFR flight above flight level 195 or to fly under VFR along a Class C ATS route at any level is prohibited. (Rule 29(4)). 4 A helicopter flying under the Visual Flight Rules in Class C, Class D or Class E airspace at or below 3,000 feet above mean sea level must keep the surface in sight and in a flight visibility of at least 1,500 metres except where the helicopter is air-taxiing or conducting manoeuvres in accordance with Rule 6(i). (Rule 27). 5 A helicopter flying under the Visual Flight Rules outside controlled airspace below 3,000 feet above mean sea level must keep the surface in sight and in a flight visibility of at least 1,500 metres except where a helicopter is air taxiing or conducting manoeuvres in accordance with Rule 6(i). (Rule 28). 6 An aircraft may fly at a height of less than 1,000 feet above the highest obstacle within a distance of five nautical miles of the aircraft if it is flying at a altitude not exceeding 3,000 feet above mean seal level and remains clear of cloud with the surface in sight and in a flight visibility of at least 800 metres. (Rule 33). 7 References in the Rules to “in sight of the surface” or “in sight of the ground” have been replaced by “with the surface in sight” which is defined in article 155(1) of the Air Navigation Order 2005. A regulatory impact assessment in respect of these changes has been produced and a copy placed in the library and a copy placed in the library of both Houses of Parliament. Copies may be obtained from the Department for Transport, Great Minster House, 76 Marsham Street, London SW1P 4DR. Alternatively copies can be obtained from the Department’s website which is www.dft.gov.uk.

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