Air Navigation and Transport Act 1973

F1 [ Disruptive behaviour on board aircraft in flight.

2A

2A. (1) A person on board an aircraft in flight who is intoxicated to such extent as to give rise to a reasonable apprehension that he or she is likely to endanger the safety of himself or herself or the safety of others on board the aircraft shall be guilty of an offence.

(2) A person on board an aircraft in flight who, without justification, engages in behaviour that is likely to cause serious offence or annoyance to any person on board the aircraft, at any time after having been requested by a member of the crew of the aircraft to cease such behaviour, shall be guilty of an offence.

(3) A person on board an aircraft in flight who engages in behaviour of a threatening, abusive or insulting nature whether by word or gesture with intent to cause a breach of the peace or being reckless as to whether a breach of the peace might be occasioned shall be guilty of an offence.

F2 [ (3A) Where an aircraft lands, on the territory of the State and a member of the Garda S í och á na has reason to believe that there is on board the aircraft a person who has committed an offence under this section, the member, together with any other members of the Garda S í och á na, may, without warrant, enter the aircraft and may, without warrant, arrest any such person whom he or she finds on the aircraft. ]

(4) A person guilty of an offence under this section shall

( a ) in the case of an offence under subsection (1) or ( 2 ), be liable on summary conviction to a fine not exceeding F3 [ 3,000 ] , or

( b ) in the case of an offence under subsection (3) , be liable on summary conviction to a fine not exceeding F3 [ 3,000 ] or to imprisonment for a term not exceeding 4 months, or to both. ]

Annotations:

Amendments:

F1

Inserted (11.09.1998) by Air Navigation and Transport (Amendment) Act 1998 (24/1998), s. 65, S.I. No. 327 of 1998.

F2

Inserted (21.02.2001) by Aviation Regulation Act 2001 (1/2001), s. 50(a), commenced on enactment.

F3

Substituted (21.07.2004) by State Airports Act 2004 (32/2004), s. 26(a), (b), S.I. No. 531 of 2004.

Editorial Notes:

E13

Authorised officer may give fixed payment notice for commission of offence under subss. (1), (2) as provided (21.07.2004) by State Airports Act 2004 (32/2004), s. 27, commenced on enactment.

E14

The section heading is taken from the amending section in the absence of one included in the amendment.

E15

Previous affecting provision: subs. (4)(a), (b) amended (21.02.2001) by Aviation Regulation Act 2001 (1/2001), s. 50(b)(i), (ii), commenced on enactment; substituted as per F-note above.