34Low flyingU.K.
(1)A person subject to service law commits an offence if—
(a)he flies an aircraft at a height less than the minimum height, other than—
(i)when taking off or landing; or
(ii)in any other circumstances prescribed by regulations made by the Defence Council; and
(b)he intends to fly, or is reckless as to whether he flies, the aircraft at a height less than the minimum height, or he is negligent.
(2)If a person flies an aircraft in contravention of subsection (1) on the orders of another person who is in command of the aircraft, that other person is for the purposes of this section to be treated as flying the aircraft.
(3)In this section “minimum height” means the height prescribed by regulations made by the Defence Council.
(4)A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, but any sentence of imprisonment imposed in respect of the offence must not exceed two years.
Commencement Information
I1S. 34 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
I2S. 34 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4