S.L. 499.9 Art. 86Penalties.

(1) If any provision of this Order or of any schedule thereto is contravened in relation to an aircraft, the operator of that aircraft and the commander thereof shall, without prejudice to the liability of any other person under this Order for that contravention, be deemed for the purposes of the following provisions of this article to have contravened that provision unless he proves that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent the contravention.

(2) If it is proved that an act or omission of any person which would otherwise have been a contravention by that person of a provision of this Order or of any Schedule thereto, was due to any cause not avoidable by the exercise of reasonable care by that person, that act or omission shall be deemed not to be a contravention by that person of that provision.

(3) Where a person is charged with contravening a provision of this Order or of any Schedule thereto by reason of his having been a member of the flight crew of an aircraft on a flight for the purpose of public transport or aerial work, the flight shall be treated, without prejudice to the liability of any other person under this Order, as not having been for that purpose if he proves that he neither knew nor had reason to know that the flight was for that purpose.

(4) If a person contravenes a provision of this Order, or of any Schedule thereto, not being a provision referred to in subarticles (5) or (6), he shall be liable on conviction to a fine (multa) not exceeding two hundred and thirty-two euros and ninety-four cents (232.94); and in the case of a second or subsequent offence to a fine (multa) not exceeding four hundred and sixty-five euros and eighty-seven cents (465.87).

(5) If a person contravenes any provision specified in Part A of the Twelfth Schedule he shall be liable on conviction to a fine (multa) not exceeding four hundred and sixty-five euros and eighty-seven cents (465.87); and in the case of a second or subsequent offence to a fine (multa) not exceeding one thousand and one hundred and sixty-four euros and sixty-nine cents (1,164.69), or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

(6) If a person contravenes any provision specified in Part B of the Twelfth Schedule he shall be liable on conviction to a fine (multa) not exceeding two thousand and three hundred and twenty-nine euros and thirty-seven cents (2,329.37) or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.