Article 11 Penalties

United Kingdom

(1)

Any person who—

(a)

fails to comply with any obligation imposed upon him under a designation made under article 8 of the service provision regulation;

(b)

fails to formalise, notify or secure the required approval of any working relationship under article 10 of the service provision regulation;

(c)

contravenes article F16.1 or 6.2 of the common requirements regulation;

(d)

fails to take the corrective action imposed upon him by the CAA under article F26.3 of the common requirements regulation

is guilty of an offence and is liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine or imprisonment for a term not exceeding two years or both.

(2)

Any person who fails to comply with any obligation imposed upon him by—

(a)

articles 3, 4(b), 6 or 9, or

(b)

article 8(3) F3...,

(3)

Any person who fails to comply with any obligation imposed upon him by—

(a)

article 5, or

(b)

a designation made under article 9 of the service provision regulation,

is guilty of an offence and is liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.

(4)

Any person who fails to comply with any obligation imposed upon him—

(a)

by articles 7 F4... or 10,

F5(aa)

by articles 6, 7, 8, 9.2, 10.2, 11.2 or 11.5 of the air traffic flow management regulation,

(b)

to provide F6a declaration of conformity or suitability for use as required by article 5.2 of the interoperability regulation,

(c)

to provide F7a declaration of verification as required by article 6.2 of the interoperability regulation,

(d)

to submit to the CAA the declaration referred to in sub-paragraph (c) together with the technical file as required by the said article 6.2, F8...

(e)

to provide the CAA, within a reasonable time after being requested so to do, with such additional information as the CAA may require under the said article 6.2, F9or

F10(f)

by an implementing rule listed in the Schedule to this Order,

is guilty of an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

F11(4A)

Any local air traffic flow management unit who, when requested by an airport slot coordinator or a managing body of a coordinated airport, fails to provide to the person making the request the accepted fight plan of a flight operating at that airport, before that flight takes place, is guilty of an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

F12(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: Words in art. 11(1)(c) substituted (12.12.2013) by The Air Navigation (Single European Sky) (Penalties) (Amendment) Order 2013 (S.I. 2013/2874), arts. 1, 6(a)
F2: Word in art. 11(1)(d) substituted (12.12.2013) by The Air Navigation (Single European Sky) (Penalties) (Amendment) Order 2013 (S.I. 2013/2874), arts. 1, 6(b)
F3: Words in art. 11(2)(b) omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 390(8)(a); 2020 c. 1, Sch. 5 para. 1(1)
F4: Words in art. 11(4)(a) omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 390(8)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F5: Art. 11(4)(aa) inserted (12.12.2013) by The Air Navigation (Single European Sky) (Penalties) (Amendment) Order 2013 (S.I. 2013/2874), arts. 1, 6(c)
F6: Word in art. 11(4)(b) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 390(8)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F7: Word in art. 11(4)(c) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 390(8)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F8: Word in art. 11(4)(d) omitted (12.12.2013) by virtue of The Air Navigation (Single European Sky) (Penalties) (Amendment) Order 2013 (S.I. 2013/2874), arts. 1, 6(d)
F9: Word in art. 11(4)(e) inserted (12.12.2013) by The Air Navigation (Single European Sky) (Penalties) (Amendment) Order 2013 (S.I. 2013/2874), arts. 1, 6(e)
F10: Art. 11(4)(f) substituted (31.12.2020) by The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 390(8)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F11: Art. 11(4A) inserted (12.12.2013) by The Air Navigation (Single European Sky) (Penalties) (Amendment) Order 2013 (S.I. 2013/2874), arts. 1, 6(g)
F12: Art. 11(5) omitted (31.12.2020) by virtue of The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/459), regs. 1(2), 390(8)(c); 2020 c. 1, Sch. 5 para. 1(1)