OpenLegislation

Article 186 Flights over any foreign countryI1

United Kingdom

(1)

The operator and the pilot-in-command of an aircraft registered in the Territory (or, if the operator’s principal place of business or permanent residence is in the Territory, any other aircraft) which is being flown over any country other than the United Kingdom must not allow that aircraft to be used for a purpose which is prejudicial to the security, public order or public health of, or to the safety of air navigation in relation to, that country.

(2)

A person does not contravene paragraph (1) if that person did not know or suspect that the aircraft was being or was to be used for a purpose referred to in paragraph (1).

(3)

The operator and the pilot-in-command of an aircraft registered in the Territory (or, if the operator’s principal place of business or permanent residence is in the Territory, any other aircraft) which is being flown over any country other than the United Kingdom must comply with any directions given by the appropriate aeronautical authorities of that country whenever—

(a)

the flight has not been duly authorised; or

(b)

there are reasonable grounds for the appropriate aeronautical authorities to believe that the aircraft is being or will be used for a purpose which is prejudicial to the security, public order or public health of, or to the safety of air navigation in relation to, that country;

unless the lives of persons on board or the safety of the aircraft would be endangered as a result.

(4)

A person does not contravene paragraph (3) if that person did not know or suspect that directions were being given by the appropriate aeronautical authorities.

(5)

The requirement in paragraph (3) is without prejudice to any other requirement to comply with directions of an aeronautical authority.

(6)

In this article “appropriate aeronautical authorities” includes any person, whether a member of a country’s military or civil authorities, authorised under the law of the foreign country to issue directions to aircraft flying over that country.

Annotations

Commencement

I1

Art. 186 in force at 1.1.2014, see art. 1