Air Navigation and Transport Act, 1936

Enforcing detention of aircraft.

64.—(1) Where under this Act an aircraft is to be or may be detained, any authorised person may detain such aircraft.

(2) If an aircraft, after detention or after service on the pilot of any notice or order for detention, takes off or attempts to take off before it is released by competent authority, the following provisions shall have effect, that is to say:—

(a) the pilot and also the owner and any person who causes the aircraft to take off, or to attempt to take off shall each severally be guilty of an offence under this section;

(b) if such aircraft when so taking off has on board in the execution of his duty an authorised officer, the owner and pilot of such aircraft shall each severally be guilty of an offence under this section, and shall, if guilty of such offence, also be liable to pay to the Minister all expenses of and incidental to such officer being so taken on such aircraft.

(3) Where a person charged with an offence under this section is not the pilot of the aircraft in respect of which such offence is alleged to have been committed, it shall be a good defence for such person to prove that on the occasion on which such offence is alleged to have been committed he was not a party nor privy to the taking off or attempted taking off of such aircraft.

(4) Any expenses payable to the Minister under sub-section (2) may be recovered by the Minister as a simple contract debt in a court of competent jurisdiction.

(5) Every person guilty of an offence under this section shall be liable on summary (conviction thereof to a fine not exceeding one hundred pounds.

(6) Each of the following shall be an authorised officer for the purposes of this section, that is to say:—

(a) a commissioned officer of the Defence Forces of Saorstát Eireann;

(b) an officer of the Minister;

(c) an officer of customs and excise;

(d) any person authorised by the Minister in that behalf.