UK Offence Report

Offences and penalties

article 241(5) of The Air Navigation Order 2009 (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

5 Any person who contravenes any provision specified in Part A of Schedule

13 is guilty of an offence and liable on summary conviction to

a fine not exceeding level

3 on the standard scale.

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 This is the text as originally made; later amendments are not shown here.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
contravening a requirement of the instrument
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

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.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach article 241(5)?

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. On these words an offence is committed where a person contravenes any provision specified in Part A of Schedule 13.
  2. Doing the thing the provision prohibits under the Air Navigation Order 2009, whatever the reason for doing it.
  3. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
£1,000
Standard scale
Level 3
Maximum prison (summary)
Not determined
Maximum prison (on indictment)
5 years

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

The Ministry of Justice records offences under this instrument against offence code 9944 — 09944 - Triable either way offences under Air Navigation Order 2009. That code may cover several provisions of the instrument, so a count against it is not a count of prosecutions under this provision alone.

No published per-offence figure was found for this provision. Offences created by statutory instrument very largely do not have their own code in the MoJ’s Outcomes by Offence data tool. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
17 November 2009
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.

The Order reflects the coming into force of Annex III to EC Regulation 3922/91 (OJ No. L 373, 31.12.91, p.4). Annex III contains operating rules for commercial air transport by aeroplanes. Annex III is commonly referred to and is defined in the Order as “EU-OPS”. The Order disapplies the operating rules contained in the Order from commercial air transport operations by aeroplanes. The detailed changes were annexed to the Impact Assessment which may be viewed at http://www.caa.co.uk/docs/1355/20080605EU-OPSImpactAssessment.pdf. The same penalties are applied to the operating rules contained in EU-OPS as applied to the equivalent rule in the Order (see article 241 and Schedule 13). A related amendment to the Air Navigation (Dangerous Goods) Regulations 2002 will be made. These amendments are made under section 2(2) of the European Communities Act 1972. The Crown in right of the Scottish Administration is entitled to register an aircraft in the United Kingdom. See article 5(1)(a) A person must not advertise a flight for the purpose of public transport or commercial air transport unless the person who is to operate such flights holds an air operator’s certificate or has applied for such a certificate and the person offering the flights reasonably believes that a certificate will have been granted by the time the advertised flight is made. See article 14 An EASA aircraft with an EASA permit to fly may fly within the United Kingdom. See article 16(3) An EASA aircraft which becomes a non-EASA aircraft because it is engaged in customs, police or similar services is not required to have a national certificate of airworthiness if it has an EASA certificate of airworthiness, complies with the Basic Regulation and any Implementing Rules which would apply if it were an EASA aircraft, does not fly outside the United Kingdom without the permission of the relevant competent authority and complies with any applicable United Kingdom national airworthiness requirements. See article 17 Organisations approved for the purpose by the CAA may determine whether a repair or modification for a non-EASA aircraft is minor or major and approve minor repairs and modifications. See article 30(1)(c) It is not an offence under the Order to exercise the privileges of an aircraft maintenance engineer’s licence whilst under the influence of drink or drugs. More specific provisions are contained in Part V of the Railways & Transport Safety Act 2003. See article 33 An aeroplane flying for the purpose of commercial air transport under EU-OPS must be equipped with such radio communication and navigation equipment as may be notified for the airspace in which it is flying. See article 40 A helicopter of 5,700kg or less flying for the purpose of public transport where required to comply with the Instrument Flight Rules or flying at night on a Special VFR flight requires two pilots when flying under and in accordance with the terms of a Police Air Operator’s Certificate. See article 46(1) A flight crew member, air traffic controller or student air traffic controller need not inform the CAA in writing of incapacity due to illness, injury or pregnancy. See articles 74 and 192 The person in charge of a small unmanned aircraft must be satisfied that a flight can safely be made and must maintain direct visual contact. Additional restrictions are imposed on the flight of a small unmanned aircraft which is equipped to undertake surveillance or data acquisition. See articles 166 and 167 An instrument flight procedure is defined. An instrument flight procedure must not be notified unless it has been designed by the CAA or has been approved by the CAA. The CAA is not required to accept an application for approval of an instrument flight procedure unless the application is supported by a report from a person approved by the CAA for this purpose. See article 176 A licensed aerodrome is required to have an effective safety management system. A safety management system is defined. A licensed aerodrome is also required to nominate an accountable manager, being the person having corporate authority for ensuring that all operations and activities can be financed and carried out to the standard required. See article 211(1)(c) A person must not shine a light at an aircraft in flight so as to dazzle or distract the pilot. See article 222 Where a permission granted under Article 203 contains a tariff provision, the operator only needs to file a tariff with the CAA where the Secretary of State so requires. See article 224(1) The CAA has the power to provisionally suspend an EASA certificate of airworthiness See article 229 Breach of any specified provision of Commission Regulations concerning aircraft certification and continuing airworthiness is an offence. See article 241 and Schedule 13 A JAA licence is defined as one which is issued by a State which was on 30 June 2009 a full Member State of the JAA. See article 255 The definition of a microlight aeroplane includes increased weight limits for aircraft equipped with a recovery parachute system. Single seat land planes of between 300kg and 390kg which first received a permit to fly or certificate of airworthiness before 1 January 2003 are no longer within the definition of a microlight aeroplane. A military aircraft includes one which is being modified for the naval, military or Air Force of any country under a contract entered into by the Secretary of State. The term used for an unmanned aircraft with a mass of not more than 20kg is “small unmanned aircraft”. The prohibition in the A and B Conditions on flying over congested areas is omitted. The Rules of the Air Regulations 2007 now include a prohibition on any aircraft flying over a congested area when engaged in test flying. See Schedule 2 Part A Secondary Surveillance Radar equipment with specified capability and functionality, known as Mode S elementary surveillance, must be carried by all aircraft other than gliders within the United Kingdom when flying within controlled airspace of Class A, B or C. With effect from 6 April 2012, all gliders within the United Kingdom must carry this equipment when flying at or above Flight Level 100 (unless flying within airspace notified as not requiring the equipment), when flying under Instrument Flight Rules in controlled airspace, when flying in controlled airspace of Class A, B or C and when flying within any other airspace notified as requiring the equipment. See Schedule 5 An Impact Assessment has been produced and a copy placed in the Library of both Houses of Parliament for the changes described in paragraphs 1, 3, 5, 9, 11, 12, 13, 14, 19, 21, 22 and 23. 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 at www.dft.gov.uk. Annexes to the Chicago Convention can be purchased from— Airplan Flight Equipment Ltd 1A Ringway Trading Estate Shadowmoss Road Manchester M22 5LH England UK; or Labeline (Air, Sea and Road) Holly House 14 Tenby Road Frimley Surrey GU16 5UT Joint Service Publication 550 and Aviation Publication 67 may be obtained from— Customer Services DSDC(L) Mwrwg Road Llangennech LLANELLI Carms South Wales SA14 8YP Aviation Publication 67 is also available on line at— http://www.aof.mod.uk/aofcontent/tactical/safety/downloads/avp67.pdf Joint Aviation Requirements can be purchased from— Rapidoc® Willoughby Road Bracknell Berkshire RG12 8DW and are also available on line at http://www.jaa.nl/publications/section1.html CAP 168 and CAP 747 can be purchased from— TSO PO Box 29 Norwich NR3 1GN and are also available on line at www.caa.co.uk/CAP168 andwww.caa.co.uk/CAP747 (This Table is not part of the Order) The following Table shows, in relation to each article of the Air Navigation Order 2005, as amended, the article of the 2009 Order in which it is reproduced. 2005 Order as amended 2009 Order 1 1 2 2 3 3 4 4, 5, 6, 7, 8 and 9 5 10 6 12 7 13 8 16 9 18 10 19 11 21, 22 and 23 12 Omitted 13 24 14 25 and 26 15 27 16 28, 29, 30 and 31 17 32 18 33 19 37 and 38 20 39 21 41 22 34 23 35 24 36 25 42, 43, 44, 45, 46, 47, 48 and 49 26 50 to 59 and 61 to 63 27 64 and 82 28 66 28A 71 29 67 and 70 30 Deleted 31 68 31A 69 32 72 32A 73 32B 74 32C 75 33 60, 76 and 77 34 78 35 79 36 80 37 81 38 83 39 84 40 85 41 94 42 95 and 96 43 98 to 102 44 103 45 104, 105 and 106 46 97 47 107 48 108 49 109 50 93 51 111 52 86 and 87 52A 110 53 88 54 89, 90 and 91 54A 92 55 112 56 121 57 122 58 123 59 124 60 125 61 113 61A 114 62 152 to 155 62A 115 63 126 64 127 65 128 66 129 67 130 68 131 69 133 to 136 70 132 71 116 72 117 and 118 72A 119 73 137 74 138 75 139 76 140 77 141 78 142 79 143 80 162 81 144 82 145 and 149 83 146 84 147 85 148 86 150 87 151 88 156 89 157 90 158 91 159 92 228 93 230 94 231 95 160 96 161 97 163, 164 and 165 98 166 99 168 100 169 101 170 102 171 103 172 104 173 105 174 106 175 107 177 107A 178 107B 179 107C 180 108 181 108A 182 108B 183 108C 184 108D 185 109 186 109A 187 110 188 111 189 112 190 113 191 114 192 115 193 116 194 117 195 118 196 119 197 119A 198 119B 199 119C 200 120 201 121 202 122 203 123 204 124 205 125 206 126 207, 208 and 209 127 210 128 211 and 212 129 213 130 214 131 215 132 218 133 219 134 220 135 221 136 216 137 217 138 223 139 224 140 225 141 120 141A 237 142 226 143 227 144 232 to 236 144A 233 144B 234 144C 235 145 238 146 239 147 240 148 241 149 247 150 248 151 249 152 250, 251 and 252 153 242 154 243 155 255, 256 and 257 156 258 157 259, 260, 262, 263 and 264 158 265 159 266 160 267 161 268 162 269 163 270 164 253 165 244 166 245 167 2464 168 254

Read the full note and every offence in this instrument

Other offences in the same 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 0.92.

Basis
the provision says a person is “guilty of an offence”
Confidence
0.92 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