Air Navigation and Transport Act, 1946

Penalties.

13.—(1) If—

(a) an aircraft flies in contravention of any instrument to which this section applies or any provision of any such instrument, or

(b) an aircraft fails to comply with any instrument to which this section applies or any provision of any such instrument, or

(c) any act is committed in respect of any aircraft which is a contravention of any provisions of an instrument to which this section applies or is deemed by any such instrument to be such contravention,

then, the owner or hirer (not being the State) of such aircraft and also the pilot or commander thereof shall be deemed to have contravened or, as the case may be, failed to comply with such instrument.

(2) Every person who obstructs or impedes any person acting under the authority of the Minister in the exercise or performance of any of the powers or duties conferred or imposed on the Minister by an instrument to which this section applies shall be deemed to have acted in contravention of such instrument.

(3) Every person who contravenes or fails to comply with or who is deemed by this section to have contravened or failed to comply with an instrument to which this section applies shall be guilty of an offence under this section and shall be liable on summary conviction thereof to imprisonment for a term not exceeding six months or to a fine not exceeding two hundred pounds or, at the discretion of the Court, to both such imprisonment and fine.

(4) In any prosecution of a person for an alleged contravention of or failure to comply with any instrument to which this section applies it shall be a defence for such person to prove that such contravention or failure was due to stress of weather or other unavoidable cause, and in any prosecution of the owner, hirer, pilot or commander of an aircraft for such alleged contravention or failure it shall be a defence for such owner, hirer, pilot or commander to prove that such alleged contravention or failure took place without his actual default or privity.

(5) This section applies to any instrument, being—

(a) an order made by the Minister under this Part, or

(b) any regulation made or direction given under any such order.