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The Air Navigation Order 2016

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Offences and penalties

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265.—(1) Subject to paragraph (2), if any provision of this Order, any regulations made under this Order, an EASA Regulation or EU-OPS is contravened in relation to an aircraft, the operator of that aircraft and the pilot in command and, in the case of a contravention of article 250, the charterer of that aircraft, is (without prejudice to the liability of any other person for that contravention) deemed for the purposes of the following provisions of this article to have contravened that provision.

(2) A person will not be deemed to have contravened a provision specified in paragraph (1) if the person proves that the contravention occurred without that person’s consent or connivance and that that person exercised all due diligence to prevent the contravention.

(3) If it is proved that an act or omission of any person which would otherwise have been a contravention by that person of a provision of this Order, any regulations made under this Order, an EASA Regulation or EU-OPS was due to any cause not avoidable by the exercise of reasonable care by that person, the act or omission will be deemed not to be a contravention by that person of that provision.

(4) If a person is charged with contravening a provision of this Order or any regulations made under this Order by reason of that person having been a member of the flight crew of an aircraft on a flight for the purpose of commercial air transport, public transport or commercial operation, the flight is to be treated (without prejudice to the liability of any other person under this Order) as not having been for that purpose if the person proves that they neither knew nor suspected that the flight was for that purpose.

(5) Any person who contravenes any provision specified in Part 1 of Schedule 13 is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6) Any person who contravenes any provision specified in Part 2 of Schedule 13 is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(7) Any person who contravenes any provision specified in Part 3 of Schedule 13 is guilty of an offence and punishable—

(a)on summary conviction—

(i)in England and Wales by a fine; or

(ii)in Scotland or Northern Ireland by a fine not exceeding the statutory maximum; or

(b)on conviction on indictment by a fine or by imprisonment for a term not exceeding two years, or to both.

(8) Any person who contravenes the provision specified in Part 4 of Schedule 13 is guilty of an offence and punishable—

(a)on summary conviction—

(i)in England and Wales by a fine; or

(ii)in Scotland or Northern Ireland by a fine not exceeding the statutory maximum; or

(b)on conviction on indictment by a fine or by imprisonment for a term not exceeding five years, or to both.

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