Article 147 Department’s power to prevent aircraft flyingI1
United Kingdom
If it appears to the Department or an authorised person that an aircraft is intended or likely to be flown in any of the circumstances specified in paragraph (2), the Department or the authorised person may give a direction in accordance with paragraph (3).
The circumstances referred to in paragraph (1) are —
if the flight would be in contravention of any other provision of this Order or of any applied regulations, and be a cause of danger to a person or property whether or not in the aircraft; or
if the aircraft is in a condition unfit for the flight, whether or not the flight would otherwise be in contravention of a provision of this Order or of any such regulations.
If paragraph (1) applies the Department or the authorised person may direct the operator or the commander of the aircraft not to permit the aircraft to make the particular flight or any other flight of such description as may be specified in the direction, until the direction has been revoked by the Department or by an authorised person.
If the Department or an authorised person has directed under paragraph (3), the Department or an authorised person may take such steps as are necessary to detain the aircraft.
For the purposes of this article the Department or an authorised person may enter an aerodrome and may enter and inspect an aircraft.
Annotations
Textual amendments
- F1
Word in art. 147(2)(a) omitted (coming into force in accordance with amended art. 1(4) of the original Order) by virtue of S.I. 2022/172, art. 8B(a) (as inserted by The Air Navigation (Isle of Man) (Amendment) (No. 2) Order 2022 (S.I. 2022/324), arts. 1(2), 5)
- F2
Word in art. 147(2)(a) omitted (1.12.2020) by virtue of The Air Navigation (Isle of Man) (Amendment) Order 2020 (S.I. 2020/1280), arts. 1, 11
- F3
Words in art. 147(2)(a) substituted (coming into force in accordance with amended art. 1(4) of the original Order) by S.I. 2022/172, art. 8B(b) (as inserted by The Air Navigation (Isle of Man) (Amendment) (No. 2) Order 2022 (S.I. 2022/324), arts. 1(2), 5)