OpenLegislation

Article 107 Power to prevent aircraft flying

Original text. Later amendments are not shown.

(1)

If it appears to the Authority or an authorised person that any aircraft is intended or likely to be flown:

(a)

in such circumstances that any provision of article 3, 5, 6, 8, 20, 21, 31, 45, 51 or 52 of this Order would be contravened in relation to the flight;

(b)

in such circumstances that the flight would be in contravention of any other provision of this Order, of any regulations made thereunder or of JAR 145 and be a cause of danger to any person or property whether or not in the aircraft; or

(c)

while in a condition unfit for the flight, whether or not the flight would otherwise be in contravention of any provision of this Order, of any regulation made thereunder or of JAR 145;

the Authority or that authorised person may direct the operator or the commander of the aircraft that he is 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particular flight or any other flight of such description as may be specified in the direction, until the direction has been revoked by the Authority or by an authorised person, and the Authority or that authorised person may take such steps as are necessary to detain the aircraft.

(2)

For the purposes of paragraph (1) the Authority or any authorised person may enter upon and inspect any aircraft.

(3)

If it appears to the Secretary of State or an authorised person that any aircraft is intended or likely to be flown in such circumstances that any provision of article 102, 104 or 105 of this Order would be contravened in relation to the flight, the Secretary of State or that authorised person may direct the operator or the commander of the aircraft that he is not to permit the aircraft to make a particular flight or any other flight of such description as may be specified in the direction until the direction has been revoked by the Secretary of State or by an authorised person, and the Secretary of State or any authorised person may take such steps as are necessary to detain the aircraft.

(4)

For the purposes of paragraph (3) the Secretary of State or any authorised person may enter upon any aerodrome and may enter upon and inspect any aircraft.