Defence Act 1954

Disobedience of orders of captain of aircraft.

154

154. (1) Every person subject to military law who, when in a service aircraft, disobeys any lawful command given by the captain of the aircraft in relation to the flying or handling of the aircraft or affecting the safety of the aircraft, whether the captain is subject to military law or not, is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer F115 [ imprisonment for a term not exceeding seven years ] or any less punishment awardable by a court-martial.

(2) For the purposes of this section—

( a) every person, whatever his rank, shall when he is in a service aircraft be under the command, as respects all matters relating to the flying or handling of the aircraft or affecting the safety of the aircraft, of the captain of the aircraft, whether the latter is subject to military law or not;

( b) if the service aircraft is a glider and is being towed by another aircraft, the captain of the glider shall so long as his glider is being towed be under the command, as respects all matters relating to the flying or handling of the glider or affecting the safety of the glider, of the captain of the towing aircraft, whether the latter is subject to military law or not.

Annotations:

Amendments:

F115

Substituted (22.07.1997) by Criminal Law Act 1997 (14/1997), s. 14 and sch. 2, para. 5, commenced as per s. 1.

Modifications (not altering text):

C45

Section interpreted (24.06.1987) by Defence (Amendment) Act 1987 (8/1987), s. 6(5), commenced on enactment.

Powers exercisable by captain of service aircraft and certain other persons when safely of aircraft. etc. in jeopardy.

6.— ...

(5) For the purposes of this section and section 154 of the Principal Act, the person who has been designated to be in command of a service aircraft shall be regarded as being the captain of the aircraft.