Air Navigation and Transport Act 2022

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PART 5

Miscellaneous

Offences

48. (1) Without prejudice to subsection (2), if in relation to an aircraft there is a contravention of a provision of this Act or an instrument to which this section applies, the operator of the aircraft (not being the State) and the pilot in command thereof shall be deemed to have contravened the provision or instrument, as the case may be.

(2) A person who contravenes or is deemed to have contravened an instrument to which this section applies or fails to comply with a condition thereof shall be guilty of an offence.

(3) (a) Paragraph (b) applies to a person guilty of—

(i) an offence under section 31 , 32 or 33 , or

(ii) an offence under subsection (2) (other than such an offence consisting of a contravention of regulations made under section 40 (4)).

(b) The person shall be liable—

(i) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months or to both, or

(ii) on conviction on indictment, to a fine not exceeding €500,000 or to imprisonment for a term not exceeding 3 years or to both.

(4) A person guilty of an offence consisting of a contravention of a regulation made under section 40 (4) shall be guilty of an offence and shall be liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months or to both.

(5) A person who obstructs or impedes an officer of Eurocontrol, authorised officer or officer of the IANS in the performance of any function conferred on him or her by or under this Act shall be guilty of an offence and shall be liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months or to both.

(6) In a prosecution of a person for an offence under this Act (other than under section 31 , 32 or 33 ), it shall be a defence for the person to prove that the contravention concerned was due to stress of weather or other unavoidable cause and in a prosecution of the operator or pilot in command of an aircraft for such an offence, it shall be a defence for him or her to prove that the contravention concerned took place without his or her actual default or privity.

(7) On conviction of a person on indictment for an offence under this Act, the court may, in addition to any other penalty, order any apparatus, equipment or other thing, other than an aircraft, used to commit the offence to be forfeited.

(8) (a) In this section, “an instrument to which this section applies” means—

(i) an order made under this Act,

(ii) the ANT Acts in so far as those Acts relate to a matter to which a function of the IANS relates,

(iii) the Air Navigation (Eurocontrol) Acts 1963 to 1983 in so far as those Acts relate to a matter to which a function of the IANS relates, or

(iv) a direction or authorisation to aircraft to proceed given under—

(I) this Act in so far as the direction or authorisation, as the case may be, relates to a matter to which a function of the IANS relates,

(II) the ANT Acts or an order or regulation made under those Acts in so far as the direction or authorisation, as the case may be, relates to a matter which a function of the IANS relates, or

(III) the ANT Acts and a certificate, licence or authorisation issued or given under this Act or those Acts in so far as the direction or authorisation, as the case may be, relates to a matter to which a function of the IANS relates.

(b) The IANS shall not prosecute an offence relating to an authorisation to aircraft to proceed.

(c) In this subsection, “authorisation to aircraft to proceed” means an authorisation or instruction, whether oral or in writing and by whatever name called given by or on behalf of the IANS to the pilot in charge of an aircraft in relation to the piloting, control or movement of the aircraft or otherwise in relation to the aircraft.

(9) Where an offence under this Act is committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other officer of the body corporate or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.