PART 22PROHIBITED BEHAVIOUR, OFFENCES AND PENALTIES
Endangering safety of aircraft
176. A person must not recklessly or negligently act in a manner likely to endanger an aircraft, or any person in the aircraft.
Endangering safety of any person or property
177. A person must not recklessly or negligently cause or permit an aircraft to endanger any person or property.
Drunkenness in aircraft
178.—(1) A person must not enter any aircraft when drunk, or be drunk in any aircraft.
(2) A person must not, when acting as a member of the crew of any aircraft or being carried in any aircraft for the purpose of so acting, be under the influence of alcohol, any drug or any psychoactive substance, including prescribed or proprietary medication, so as to render that person’s capacity so to act or so as to create a risk to that person or any other person.
Smoking in aircraft
179. A person must not smoke in any compartment of an aircraft registered in the Territory at a time when smoking is prohibited in that compartment by a notice to that effect exhibited by or on behalf of the pilot-in-command of the aircraft.
Authority of pilot-in-command and members of the crew of an aircraft
180.—(1) Every person in an aircraft must obey all lawful commands which the pilot-in-command or a member of the crew of that aircraft may give for the purpose of securing the safety of the aircraft and of the persons or property carried on board, or the safety, efficiency or regularity of air navigation.
(2) No person may operate on any aircraft any mobile or cell phone, computer or other electronic device that is designed to transmit or capable of transmitting electromagnetic energy otherwise than in accordance with the permission of the pilot-in-command of that aircraft.
(3) Paragraph (2) of this article does not apply to—
(a)hearing aids;
(b)heart pacemakers;
(c)portable voice recorders;
(d)electric shavers;
(e)electronic watches;
or any other portable electronic device if the operator or pilot-in-command of the aircraft has determined that the said portable electronic device to be used will not cause interference with any aircraft system or equipment of the aircraft on which it is used.
Acting in a disruptive manner
181. A person must not while in an aircraft—
(a)use any threatening, abusive or insulting words towards a member of the crew of the aircraft;
(b)behave in a threatening, abusive, insulting or disorderly manner towards a member of the crew of the aircraft; or
(c)intentionally interfere with the performance by a member of the crew of the aircraft of his or her duties.
Obstruction of persons
182. A person must not intentionally obstruct or impede any person acting in the exercise of powers or the performance of duties under this Order.
Enforcement of directions
183. Any person who without reasonable excuse fails to comply with any direction or instructions given under any provision of this Order or any regulations made under it is deemed for the purposes of this Order to have contravened that provision.
Stowaways
184. A person must not secrete himself or herself for the purpose of being carried in an aircraft without the consent of either the operator or the pilot-in-command or of any other person entitled to give consent to being carried in the aircraft.
Penalties
185.—(1) If any provision of this Order or of any regulations made, direction or instructions given under it 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 articles 135 and 137, 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 unless they prove that the contravention occurred without their consent or connivance and that they exercised all due diligence to prevent the contravention.
(2) 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 or of any regulations made under it, was due to any cause not avoidable by the exercise of reasonable care by that person, the act or omission is deemed not to be a contravention by that person of that provision.
(3) Where a person is charged with contravening a provision of this Order or of any regulations made under it by reason of having been a member of the flight crew of an aircraft on a flight for the purpose of commercial air transport or aerial work the flight is 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 did not know or suspect that the flight was for that purpose.
(4) Any person who contravenes any provision of this Order or of any regulations made under it not being a provision referred to in paragraphs (5) or (6), may be guilty of an offence and liable on summary conviction to a fine not exceeding £1000.
(5) Any person who contravenes any provision specified in Part A of Schedule 5 may be guilty of an offence and liable on summary conviction to a fine not exceeding £2500.
(6) Any person who contravenes any provision specified in Part B of Schedule 5 may be guilty of an offence and liable on summary conviction to a fine not exceeding £5000 and on conviction on indictment to a fine or imprisonment for a term not exceeding two years or both.