Air Navigation and Transport Act, 1975
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —(1) In this Act—
“Act of 1965” means the Extradition Act, 1965 ;
“aircraft” includes any aircraft other than state aircraft;
“commander”, in relation to an aircraft, means the member of the crew who is designated as commander by the operator or, if there is no such designation, the pilot in command of the aircraft;
num: 2
paragraphs: —Proceedings for an offence under this Act may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the State.
num: 3
paragraphs: —(1) For the purpose of giving effect to the Montreal Convention, a person shall be guilty of an offence if anywhere he unlawfully and intentionally—
(a) commits on board an aircraft in flight any act of violence which is likely to endanger the safety of the aircraft,
(b) destroys an aircraft in service or so damages it as to render it incapable of flight or to endanger its safety in flight,
(c) places or causes to be placed on an aircraft in service any device or substance which is likely to destroy the aircraft or so damage it as to render it incapable of flight or to endanger its safety in flight,
(d) destroys, damages or interferes with the operation of any air navigation facilities if such act is likely to endanger the safety of aircraft in flight,
(e) communicates any information which he knows to be false where the communication of the information endangers, or is likely to endanger, the safety of an aircraft in flight.
(2) A person who anywhere attempts to commit any act specified in subsection (1) of this section or aids, abets, counsels or procures the commission of such an act, or aids, abets, or counsels a person who anywhere attempts to commit such an act shall be guilty of an offence.
num: 4
paragraphs: —(1) A member of the Garda SÃ­ochÃ¡na who has reason to believe that a person has committed an offence under this Act may arrest him without warrant.
(2) A member of the Garda SÃ­ochÃ¡na who has reason to believe that a person who is about to board an aircraft in the State or is on board such an aircraft intends to commit, on or in relation to that aircraft, an offence under this Act may—
(a) prevent the person from boarding the aircraft or travelling on board the aircraft,
(b) without warrant enter the aircraft and remove the person from it,
(c) without warrant arrest the person.
(3) A person arrested under subsection (1) or (2) of this section may be detained in custody for a period not exceeding 48 hours and shall then be released unless before the expiration of that period either he is charged with an offence under this Act or he is brought before a justice of the District Court pursuant to the provisions of section 27 (6) of the Act of 1965 or before such a justice or a peace commissioner pursuant to the provisions of section 49 (3) or 49 (4) of that Act.
(4) (a) Where the commander or other person in charge of an aircraft which is in the State has reason to believe that a person has committed or is about to commit an offence under this Act, he may prevent the person from boarding the aircraft or, if the person is on board the aircraft, he may remove him from it.
(b) The commander or other person in charge of an aircraft shall, as soon as may be after he has, under paragraph (a) of this subsection, prevented a person from boarding an aircraft or removed him from it, notify the appropriate authority in charge of the airport both that he has prevented the person from so boarding or has so removed him and of the reasons for the prevention or removal, and the authority shall, as soon as may be after receipt of such notification, inform the Garda SÃ­ochÃ¡na of such notification.
(5) If a person, who under this section is prevented from boarding or travelling on board an aircraft or is removed from an aircraft or is arrested, is not an Irish citizen or habitually resident in the State, he shall, if he is an alien who, under the law relating to aliens, could have been refused leave to land in the State, be deemed for the purposes of that law to be an alien who has been refused that leave.
(6) Where a person who is an alien who, under the law relating to aliens, could be refused leave to land in the State is in the State by reason solely of having been, under subsection (2) or (4) of this section, prevented from boarding or travelling on board an aircraft or removed from an aircraft or, under subsection (1) or (2) of this section, arrested, the person shall, for the purposes of the law relating to aliens, be deemed not to have landed in the State.
(7) A commander of an aircraft who, or an appropriate authority which, fails to comply with subsection (4) (b) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £100.
(8) The commander of an aircraft, a member of the crew of an aircraft, a passenger on an aircraft, the owner or operator of an aircraft or any person on whose behalf a flight was performed shall not be liable in the State—
(a) to conviction in any criminal prosecution, or
(b) in damages in any civil action,
brought in respect of any action taken against any person pursuant to a provision of this Act.
num: 5
paragraphs: —Any person arrested under section 4 (1) or 4(2) of this Act shall—
(a) if the aircraft concerned is registered in a State to which Part II of the Act of 1965 applies and (in the case of a citizen of Ireland) the extradition of the person is not prohibited by section 14 of that Act, be deemed to have been arrested pursuant to a warrant issued under section 27 of that Act, and
(b) if the aircraft concerned is registered in a place to which Part III of that Act applies, be deemed to have been arrested pursuant to a warrant issued under section 49 of that Act,
and section 15 of the Act of 1965 shall not apply in relation to the extradition of a person to whom this section applies.
num: 6
paragraphs: —(1) A person guilty of an offence under section 3 of this Act shall be liable, on conviction on indictment, to imprisonment for life or for such other term as the court considers proper.
(2) A court shall not suspend a sentence imposed under this section.
(3) Section 1 (2) of the Probation of Offenders Act, 1907, shall not apply in relation to an offence under section 3 of this Act.
num: 7
paragraphs: — Section 10 of the Air Navigation (Eurocontrol) Act, 1963 (which relates to the keeping of records of the movements of aircraft and to the use of such records as evidence) shall have effect as if the reference in subsection 1 (c) to an offence included a reference to an offence under this Act.
num: 8
paragraphs: —The expenses incurred by any Minister of State in the administration of this Act, shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
num: 9
paragraphs: —(1) This Act may be cited as the Air Navigation and Transport Act, 1975.
(2) This Act and the Air Navigation and Transport Acts, 1936 to 1973, may be cited together as the Air Navigation and Transport Acts, 1936 to 1975.