- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
176. A person must not recklessly or negligently act in a manner likely to endanger an aircraft, or any person in the aircraft.
177. A person must not recklessly or negligently cause or permit an aircraft to endanger any person or property.
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.
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.
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.
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.
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.
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.
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.
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.
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: