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The Air Navigation Order 2009 (revoked)
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- UK Statutory Instruments
- 2009 No. 3015
- PART 31
- Article 241
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Changes over time for: Section 241
Version Superseded: 17/09/2012
Alternative versions:
- 01/01/2010- Amendment
- 14/04/2010
Point in time - 17/09/2012- Amendment
- 10/01/2015- Amendment
- 25/08/2016- Amendment
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Point in time view as at 14/04/2010. This version of this provision has been superseded.
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There are currently no known outstanding effects for the The Air Navigation Order 2009 (revoked), Section 241.
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Offences and penaltiesU.K.
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241.—(1) Subject to paragraph (2), if any provision of this Order, any regulations made under this Order, Part 21, Part 145, Part M or EU-OPS is contravened in relation to an aircraft, the operator of that aircraft and the commander and, in the case of a contravention of article 223, 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, Part 21, Part 145, Part 147, Part M 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 aerial work, 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 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.
(6) Any person who contravenes any provision specified in Part B 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 C of Schedule 13 is guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine or imprisonment for a term not exceeding two years or both.
(8) Any person who contravenes any provision specified in Part D of Schedule 13 is guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine or imprisonment for a term not exceeding five years or both.
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