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Article 118 Power to prevent aircraft flying

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

If it appears to the CAA 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, 35, 53, 59 or 60 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 regulations made thereunder or of JAR-145;

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flight or any other flight of such description as may be specified in the direction, until the direction has been revoked by the CAA or by an authorised person, and the CAA or that authorised person may take such steps as are necessary to detain the aircraft.

(2)

For the purposes of paragraph (1) the CAA 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 113, 115 or 116 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particular flight or any other flight of such description as may be specified in the direction until the direction has been revoked by the Secretary of State or by an authorised person, and the Secretary of State or any authorised person may take such steps as are necessary to detain the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.