Air Navigation and Transport Act 1973

Failure to give notice and information to authorities.

15

15.A commander of an aircraft who contravenes section 4, 6, 8 or 9 of this Act shall be guilty of an offence F4 [ ].

Annotations:

Amendments:

F4

Deleted (22.06.2019) by Air Navigation and Transport Act 1988 (15/1988), s. 53 and sch. 2, commenced on enactment.

Modifications (not altering text):

C6

Penalties prescribed and applied for purposes of Criminal Procedure Act 1967, extended to officers of bodies corporate and provision for offence to be prosecuted by Minister made (22.06.2019) by Air Navigation and Transport Act 1988 (15/1988), s. 28(1)(e), (a), (b), (4)-(6), commenced on enactment.

Increase in penalties for certain offences.

28.—(1) A person who is guilty of an offence under— ...

( e) section 15 of the Air Navigation and Transport Act, 1973 , or

...

shall, in lieu of the penalty prescribed by the section concerned, be liable—

(a) on summary conviction, to a fine not exceeding £1,000, or to imprisonment for a term not exceeding six months, or, at the discretion of the Court, to both such fine and such imprisonment, or

(b) on conviction on indictment, to a fine not exceeding £50,000, or to imprisonment for a term not exceeding three years, or, at the discretion of the Court, to both such fine and such imprisonment.

...

(4) Section 13 of the Criminal Procedure Act, 1967, shall apply in relation to an offence to which subsection (1), (2) or (3) relates as if, in lieu of the penalties provided for in subsection (3) of that section, there were specified the penalties provided for in subsections (1), (2) and (3), and the reference in subsection (2) (a) of that section to the penalties provided for in the said subsection (3) shall be construed and have effect accordingly.

(5) Where an offence to which subsection (1), (2) or (3) relates 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 any person (or any person acting on his behalf) being a director, manager or secretary of such body, that person or the person so acting, as the case may be, shall also be guilty of the offence.

(6) A summary prosecution for an offence under any enactment referred to in subsection (1), (2) or (3) may be brought by the Minister.

References to fines in Air Navigation and Transport Act 1988, s. 28(1) paras. (a), (b) construed (25.06.2001) as per conversion in Euro Changeover (Amounts) Act 2001 (16/2001), s. 1 and sch. 1, commenced on enactment.

The Euro values of fines in this section are as follows:

£1,000 = €1,269.74 (Class C fine, see below)

£50,000 = €63,487

References to fine in para. (a) construed (4.01.2011) by indexation in Fines Act 2010 (8/2010), ss. 3, 6, S.I. No. 662 of 2010.

Definitions.

3.— In this Part— ...

“class C fine” means a fine not exceeding €2,500;

...

“commencement date” means the date of the coming into operation of this Part;

“enactment” means—

( a) an Act of the Oireachtas,

( b) a statute that was in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and that continues in force by virtue of Article 50 of the Constitution, or

( c) an instrument made under—

(i) an Act of the Oireachtas, or

(ii) such a statute.

...

Class C fines.

6.— ...

(3) Where an enactment enacted before the commencement date provides that a person who commits an offence under the enactment shall be liable, upon summary conviction, to a fine not exceeding an amount that—

( a) was provided for by virtue of a subsequent enactment enacted during a period specified in column (2) of the Table opposite a particular reference number specified in column (1) of the Table, and

( b) falls within the range of amounts specified in column (3) of the Table opposite the same reference number,

a person who commits that offence after the commencement date shall, upon summary conviction, not be liable to that fine but shall instead be liable to a class C fine.

TABLE

Reference Number

(1)

Period

(2)

Range of amounts

(3)

...

...

...

3.

1 January 1980 to 31 December 1989

Not greater than €1,455 but greater than €582

...

...

...