Endangering Safe Operation of an Aircraft

– section 246A of the Crimes Act 1958

endangering safe operation of aircraft

 

Endangering Safe Operation of an Aircraft is when someone behaves in a way that threatens an aircraft. This usually relates to conduct before the aircraft takes off.

Examples of Endangering Safe Operation of an Aircraft
  • An engineer fails to do all the required checks on an aircraft.
  • A pilot decides to fly a plane without a co-pilot.
What are some of the possible defences to a charge of Endangering Safe Operation of an Aircraft?
  • You did not do anything that would endanger the safe operation of an aircraft.
  • You did not intentionally endanger the safe operation of an aircraft.

There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.

Questions that are asked in cases like this:
  • What do they think you actually did?
  • Can they prove you did anything that endangered the safe operation of an aircraft?
  • Can they prove you intentionally endangered the safe operation of an aircraft?

Maximum penalty and Court that deals with this charge

The maximum penalty for this offence is 15 years imprisonment.

This is a strictly indictable charge which means that your case must be heard in the County Court.

“Did you endanger the operation of a plane?”
What is the legal definition of Endangering Safe Operation of an Aircraft?

The Prosecution must show that you did something which threatened the safe operation of an aircraft and that the act was done intentionally.

The Law

The section that covers this offence is section 246A of the Crimes Act 1958.1

prison penalty sentencing

What can you be sentenced to for this charge?

Endangering safe operation of an aircraft is a very serious offence that may mean you serve a prison term if you are found guilty.

 


[1] Crimes Act 1958 – Section 246A

Any person who does any act or thing with intent to prejudice the safe operation of an aircraft shall be guilty of an indictable offence and liable to level 4 imprisonment (15 years maximum).