rev 29nov06

Acting in a disruptive manner

• (a) use any threatening, abusive or insulting words towards a member of the crew of the aircraft;
• (b) behave in a threatening, abusive, insulting or disorderly manner towards a member of the crew of the aircraft; or
• (c) intentionally interfere with the performance by a member of the crew of the aircraft of his duties.

Notes

The prohibitions at (a) and (b) are subject to the penalties set out in Article 111(5) of The Air Navigation (No 2) Order 1995 (The ANO). This means that offences are triable only in the Magistrates Court and carry a maximum fine of £2,500. The prohibition in sub-paragraph (c) is considered to be a more serious offence and as such is subject to the penalties set out in Article 111(6) of the ANO. This offence is triable 'either way' which means that it may be dealt with either in the Magistrates Court or the Crown Court depending upon the wishes of the defendant and the seriousness of the case. If the case is heard in the Magistrates Court, the maximum penalty is a fine of £5,000. If the case is heard in the Crown Court, the maximum penalty is an unlimited fine and/or imprisonment for a term of up to two years. Imprisonment for a period exceeding two years would require parliamentary amenment of Section 61 of the Civil Aviation Act 1982, wich currently limits the maximum ANO penalty to 2 years.