Directive on criminal procedure for aviation laws and regulations (2023R002)

Policy document | 15-09-2025

This sentencing directive provides guidance on the application of sanctions and the settlement and demand policy in aviation cases

Legal nature:	Instruction under Article 130(6) of the Judiciary Organisation Act
Of:	Board of Procurators General
To:	Heads of PPS units
Registration number:	2023R002
Effective date	1 March 2023
Publication in the government gazette	2023, 5607
Deleted:	Directive on criminal procedure for aviation law (2018R011); Directive on criminal procedure for flying under the influence (2018R018)
Relevant PPS policy rules:	Instructions on the investigation and prosecution of civil aviation occurrences (2020A001); Instruction framework for the criminal prosecution of adults (2019A003)
Legal provisions:	Article 11.9 and Article 11.10 Aviation Act (Wlv) Article 62 and 62a Aviation Act (Lvw); Article 33 Air Traffic Decree 2014 (BL 2014) Article 3.1 and 3.2 Aviation Safety Implementation and Enforcement Regulations Article 39 Aviation Display Regulations (RL) Article 166 Aviation Supervision Regulation (RTL)

1. BACKGROUND

Settlement policies in aviation cases have been in place since 1996. [1] The sentencing directive that contained this policy used an offence coding system for lighter aviation offences. This system was gradually abandoned because the offence codes were not used in practice. More serious offences were added to the directive. The difference from the sentencing directive that has existed since 2000 for flying under the influence is therefore no longer relevant. Furthermore, both criminal procedure directives pay little regard to European regulations. The scope of the Basic Regulation (Bv) [2] has expanded over the years, resulting in more European regulations being designated as regulations whose violation constitutes a criminal offence. Thus, the scope of the Basic Regulation now also extends to flights by unmanned aircraft (drones). The above prompted the merger of the existing sentencing directives into one sentencing directive and the addition of new instructions. It is also worth noting that the category classification used for manned aviation since 1996 has been slightly revised to bring it in line with international and European categorisation. [3]

2. APPLICATION

This directive covers violations of regulations under aviation laws and regulations. These are regulations under the Aviation Act, regulations under the Aviation Act (Air Traffic Decree 2014, Aviation Safety Implementation and Enforcement Regulations, Unmanned Aircraft Regulations, Unmanned Aircraft Zoning Regulations, Standard Air Traffic Circuits Regulations, National Aviation Safety Regulations, Parachute Jumping Regulations 2010 and Cable Kites and Small Balloons Regulations), regulations under the Aviation Act, regulations under the Aviation Act (Aviation Displays Regulations, Towing and Advertising Towing Regulations and Aviation Supervision Regulations) and regulations under the Penal Code.

This directive provides directions - principles - for the application of sanctions and settlement policies and the policy on penalties demanded by the public prosecutor. The tariffs mentioned have been rounded according to the systematics of the Instructions on the Instruction framework for the criminal prosecution of adults.

The national coordinating aviation prosecutor of the Noord-Holland Public Prosecutor's Office is responsible for coordinating the prosecution of aviation cases. This means that all aviation offences (violations and criminal offences) should be transferred to the Noord-Holland Public Prosecutor's Office for assessment.

3. AVIATION ACT REGULATIONS

PART A: AVIATION ACTIVITIES UNDER THE INFLUENCE

This section deals with the operation of an aircraft by cockpit crew, the performance of tasks for passengers or cargo by other aircrew or the provision of air traffic services under the influence of psychoactive substances and/or alcohol. Notwithstanding the limitation in scope in the Aviation Act ( under Article 1.2 (1) of the Wlv it follows that the Aviation Act applies only to the extent of what is not applicable by or under the Basic Regulation), this section applies to all civil aviation. The general prohibition under Article 7.6 of Annex V to the Basic Regulation is firmed up - like the equivalent prohibition in Article 2.12(1) Wlv - by the provisions of Article 2.12(2) and (3) Wlv. [4]

Under Article 2.12, (2) of the Wlv, a flight crew member is prohibited from performing work on board an aircraft if he has consumed alcoholic beverages within the previous 10 hours. Under Article 2.12(3) Wlv, alcohol limits are included for aircrew and (via Article 2.12(6) Wlv) for air traffic control officers, among others, 'for reasons of process control'. [5] This refers to the breath alcohol content (Ugl) or blood alcohol content (Bag).

In categories I to III listed below, starting points for alcohol consumption are given in tables. Category IV lays down principles that apply to working under the influence of one or more substances other than alcohol or a combination of substances. Category V contains principles for refusing to cooperate with a breath, urine or blood test, as referred to in Article 11.6 Wlv. Both category IV, and category V also include starting points for the case where the accused was in an apparent state of intoxication or an equivalent state or the case of recidivism. Category VI contains principles for operating (or having operated) an aircraft during a no-fly period (Article 11.5 Wlv) and the provision of air traffic services during a prohibition to provide such direction (Article 11.8a Wlv).

If alcohol consumption is detected among aircrew after an inbound flight, the determination of the baseline takes into account the duration of that flight and the average degradation rate of alcohol (one standard glass of alcohol for which 0.25 BAG can be calculated degrades on average in one to one and a half hours).

The starting points in this directive are increased by 50 per cent for one case of recidivism, with the understanding that, in the case of an indicated prison sentence, this increase is applied to the number of days and not to the number of weeks or months rounded off on that basis.

CATEGORY I: PILOTS OF AIRCRAFT > 5,700 KG AND AIR TRAFFIC CONTROL OFFICERS

The following principles have been formulated for pilots (the flight crew) of aircraft with a maximum take-off weight of more than 5,700 kg and for air traffic control officers in general

		First offender			1x recidivism (5 years), multiple recidivism = case-specific
Bag	Ugl	Fine	OBV in weeks	Prison sentence	Fine	OBV in weeks	Prison sentence
0.22 to 0.28	95 to 120	1100			1600
0.29 to 0.35	125 to 150	1700			2500
0.36 to 0.41	155 to 180	2300			3400
0.42 to 0.48	185 to 210	2900			4300
0.49 to 0.55	215 to 240	3500			5000
0.56 to 0.62	245 to 270	4100			6000
0.63 to 0.69	275 to 300	4700	23		7000	34
0.70 to 0.76	305 to 330	5000	31		7500	46
0.77 to 0.83	335 to 360	5500	39		8000	58
0.84 to 0.90	365 to 390	6000	47		9000	70
0.91 to 0.97	395 to 420	6500	51		9500	76
0.98 to 1.04	425 to 450	6500	53		9500	79
1.05 to 1.10	455 to 480	6500	55		9500	82
1.11 to 1.17	485 to 510	7000	57		10500	85
1.18 to 1.24	515 to 540	7000	59		10500	88
1.25 to 1.31	545 to 570	7000	61		10500	91
1.32 to 1.38	575 to 600	7500	63		11000	94
1.39 to 1.45	605 to 630	7500	65		11000	97
1.46 to 1.53	635 to 665	7500	67		11000	100
1.54 to 1.60	670 to 695		70	10 weeks		105	16 weeks
1.61 to 1.67	700 to 725		72	10 weeks		108	16 weeks
1.68 to 1.73	730 to 755		74	10 weeks		111	16 weeks
1.74 to 1.80	760 to 785		76	10 weeks		114	16 weeks
1.81 to 1.87	790 to 815		78	11 weeks		117	16 weeks
1.88 to 1.94	820 to 845		80	11 weeks		120	16 weeks
1.95 to 2.01	850 to 875		82	11 weeks		123	16 weeks
2.02 to 2.08	880 to 905		84	11 weeks		126	4 months
2.09 to 2.15	910 to 935		86	11 weeks		129	4 months
2.16 to 2.22	940 to 965		88	11 weeks		132	4 months
2.23 to 2.30	970 to 1,000		90	11 weeks		135	4 months
OM = disqualification from working on board an aircraft as a member of the flight crew / providing air traffic services
CATEGORY II: PILOTS OF AIRCRAFT ≤ 5,700 KG COMMERCIAL USE AND ASSISTANT AIR TRAFFIC CONTROL OFFICERS The following assumptions have been formulated for pilots (cockpit crew) of aircraft with a maximum take-off weight of 5,700 kg or less in commercial operation. The same principles apply to assistant air traffic control officers.
		First offender			1x recidivism (5 years), multiple recidivism = case-specific
Bag	Ugl	Fine	OBV in weeks	Prison sentence	Fine	OBV in weeks	Prison sentence
0.22 to 0.28	95 to 120	700			1000
0.29 to 0.35	125 to 150	1100			1600
0.36 to 0.41	155 to 180	1400			2100
0.42 to 0.48	185 to 210	1800			2700
0.49 to 0.55	215 to 240	2200			3300
0.56 to 0.62	245 to 270	2700			4000
0.63 to 0.69	275 to 300	3000	13		4500	19
0.70 to 0.76	305 to 330	3400	18		5000	27
0.77 to 0.83	335 to 360	3800	23		5500	34
0.84 to 0.90	365 to 390	4200	28		6000	42
0.91 to 0.97	395 to 420	4300	33		6000	49
0.98 to 1.04	425 to 450	4400	34		6500	51
1.05 to 1.10	455 to 480	4500	35		6500	52
1.11 to 1.17	485 to 510	4600	37		6500	55
1.18 to 1.24	515 to 540	4700	38		7000	57
1.25 to 1.31	545 to 570	4800	39		7000	58
1.32 to 1.38	575 to 600	4900	41		7500	61
1.39 to 1.45	605 to 630	5000	42		7500	63
1.46 to 1.53	635 to 665	5000	43		7500	63
1.54 to 1.60	670 to 695		45	2 months		67	3 months
1.61 to 1.67	700 to 725		46	2 months		69	3 months
1.68 to 1.73	730 to 755		48	2 months		72	3 months
1.74 to 1.80	760 to 785		49	2 months		73	3 months
1.81 to 1.87	790 to 815		50	2 months		75	3 months
1.88 to 1.94	820 to 845		52	2 months		78	13 weeks
1.95 to 2.01	850 to 875		53	2 months		79	13 weeks
2.02 to 2.08	880 to 905		54	2 months		81	13 weeks
2.09 to 2.15	910 to 935		55	2 months		82	13 weeks
2.16 to 2.22	940 to 965		57	2 months		85	13 weeks
2.23 to 2.30	970 to 1,000		59	2 months		88	13 weeks
OBV = disqualification from working on board an aircraft as a member of the flight crew / providing air traffic services
CATEGORY III: PILOTS OF AIRCRAFT ≤ 5,700 KG PRIVATE USE AND CABIN CREW IN GENERAL The following assumptions have been formulated for pilots (the cockpit crew) in private use of aircraft with a maximum take-off weight of 5,700 kg or less. These principles also apply to cabin crew, such as flight attendants, of aircraft in general (regardless of aircraft type).
		First offender			1x recidivism (5 years), multiple recidivism = case-specific
Bag	Ugl	Fine	OBV in weeks	Prison sentence	Fine	OBV in weeks	Prison sentence
0.22 to 0.28	95 to 120	275			400
0.29 to 0.35	125 to 150	425			600
0.36 to 0.41	155 to 180	550			800
0.42 to 0.48	185 to 210	700			1000
0.49 to 0.55	215 to 240	850			1200
0.56 to 0.62	245 to 270	1000			1500
0.63 to 0.69	275 to 300	1100	15		1600	22
0.70 to 0.76	305 to 330	1200	18		1800	27
0.77 to 0.83	335 to 360	1400	21		2100	31
0.84 to 0.90	365 to 390	1500	24		2200	36
0.91 to 0.97	395 to 420	1600	26		2400	39
0.98 to 1.04	425 to 450	1600	27		2400	40
1.05 to 1.10	455 to 480	1700	28		2500	42
1.11 to 1.17	485 to 510	1700	28		2500	42
1.18 to 1.24	515 to 540	1700	29		2500	43
1.25 to 1.31	545 to 570	1800	30		2700	45
1.32 to 1.38	575 to 600	1800	31		2700	46
1.39 to 1.45	605 to 630	1900	32		2800	48
1.46 to 1.53	635 to 665	1900	33		2800	49
1.54 to 1.60	670 to 695		34	1 months		51	6 weeks
1.61 to 1.67	700 to 725		34	1 months		51	6 weeks
1.68 to 1.73	730 to 755		35	1 months		52	6 weeks
1.74 to 1.80	760 to 785		36	1 months		54	6 weeks
1.81 to 1.87	790 to 815		37	1 months		55	6 weeks
1.88 to 1.94	820 to 845		38	1 months		57	6 weeks
1.95 to 2.01	850 to 875		38	1 months		57	6 weeks
2.02 to 2.08	880 to 905		39	1 months		58	6 weeks
2.09 to 2.15	910 to 935		40	1 months		60	6 weeks
2.16 to 2.22	940 to 965		41	1 months		61	7 weeks
2.23 to 2.30	970 to 1,000		42	1 months		63	7 weeks
OBV = disqualification from operating aircraft to perform duties as a member of the flight crew/provide air traffic services on board an aircraft

CATEGORY IV: WORKING UNDER THE INFLUENCE OF PSYCHOACTIVE SUBSTANCE, IN AN APPARENT STATE OF INTOXICATION OR SIMILAR CONDITION

The following principles have been formulated for performing work under the influence of a psychoactive substance, in a state of intoxication or equivalent condition.

	No aggravating circumstances			Apparent state of intoxication			1x recidivism (multiple recidivism is always case-specific)
	Fine	OBV in weeks	Prison sentence	Fine	OBV in weeks	Prison sentence	Fine	OBV in weeks	Prison sentence
Cockpit crew aircraft > 5,700 kg air traffic control officers 2.12(1) Wlv 2.12(6) Wlv	6500	54			85	9 weeks		101	10 weeks
Cockpit crew aircraft ≤ 5,700 kg (commercial) Assistant air traffic control officers 2.12(1) Wlv 2.12(6) Wlv	4800	38			59	6 weeks		70	6 weeks
Cockpit crew aircraft ≤ 5,700 kg (Private) cabin crew 2.12(1) Wlv 2.12(6) Wlv	1700	29			42	5 weeks		48	5 weeks
OBV = disqualification from operating aircraft to perform duties as a member of the flight crew/provide air traffic services on board an aircraft

CATEGORY V: REFUSAL OF BREATH TEST, BLOOD OR URINE TEST OR RETROSPECTIVE REFUSAL OF BLOOD TEST

The following principles have been formulated for refusing a breath test, blood test or urine test or retrospectively refusing a blood test as referred to in Article 11.6(9) of the Aviation Act.

	No aggravating circumstances			Apparent state of intoxication			1x recidivism (multiple recidivism is always case-specific)
	Fine	OBV in weeks	Prison sentence	Fine	OBV in weeks	Prison sentence	Fine	OBV in weeks	Prison sentence
Cockpit crew aircraft > 5,700 kg air traffic control officers 11.6 Wlv (in conjunction with 11.8a Wlv)	7000	59			92	11 weeks		109	12 weeks
Cockpit crew aircraft ≤ 5,700 kg (commercial) Assistant air traffic control officers 11.6 Wlv (in conjunction with 11.8a Wlv)	5000	41			64	9 weeks		75	10wkn
Cockpit crew aircraft ≤ 5,700 kg (Private) cabin crew 11.6 Wlv	1800	31			45	1 months		52	5 weeks
OM = disqualification from: perform work on board an aircraft as a member of the flight crew / provide air traffic services

CATEGORY VI: WORKING DURING A PROHIBITION

The following principles have been formulated for flying during a no-fly period, as referred to in Article 11.5(4) Aviation Act, and the provision of air traffic services during a prohibition to provide such control (Article 11.8a Wlv).

Flying during no-fly period 11.5(1) and (2) in conjunction with 11.5(4) Wlv
	fine
	First offender	1x recidivism (multiple is always case-specific)
Cockpit crew aircraft > 5,700 kg air traffic control officers	2800	4200
Cockpit crew aircraft ≤ 5,700 kg (commercial) Assistant air traffic control officers	1800	2700
Cockpit crew aircraft ≤ 5,700 kg (Private) cabin crew	700	1000

PART B: OTHER OFFENCES

This section deals with other offences established by the Aviation Act. These apply to the extent not provided for by or under the Basic Regulation, or to the extent left open for local rules.

CATEGORY I: GENERALLY APPLICABLE OFFENCES

The offences in this category apply to all aircraft because the Basic Regulation did not cover them or because they are local rules for which the Basic Regulation leaves space. The following assumptions apply to these offences.

	Offence description	Comment	Article	Basic offence	Criminalisation	Jet aircraft with a permitted total mass of 5,700 kg or more	Propeller aircraft and helicopters with a permitted total mass of 5,700 kg or more	Aircraft with a maximum permitted total mass of 5,700 kg or less (commercial and helicopters)	Aircraft with a maximum permitted total mass of 5,700 kg or less (private)
1	As pilot in command, use of an aircraft that does not have a valid nationality and registration mark	(just as the driver is responsible for the car he drives)	3.1(1) Wlv		11.9(1)(a)(3) Wlv	1600	1600	800	425
2	As the owner or holder, use of an aircraft that does not have a valid certificate of registration	Registration certificate	3.1(1) Wlv		11.9(1)(a)(3) Wlv	2500	2500	1600	800
3	Operating as the pilot in command of an aircraft that does not have a valid certificate of registration		3.1(1) Wlv		11.9(1)(a)(3) Wlv	1600	1600	800	425
4	As owner or holder, affixing to an aircraft a mark other than the nationality and registration mark		3.1(2)(a) Wlv		11.9(1)(a)(3) Wlv	2500	2500	1600	800
5	As the pilot in command, affixing to an aircraft a mark other than the nationality and registration mark		3.1(2)(a) Wlv		11.9(1)(a)(3) Wlv	1600	1600	800	425
6	As owner or holder, using, or causing to be used, an aircraft bearing a false nationality mark and registration mark, with intent to make it appear that the aircraft bears a valid mark	VIN-switched aircraft owner	3.1(2)(b) Wlv		11.9(1)(a)(3) Wlv	2500	2500	1600	800
7	Using, as pilot in command, an aircraft bearing a false nationality and registration mark with the intention of making it appear that the aircraft bears a valid mark	VIN-switched aircraft kite	3.1(2)(b) Wlv		11.9(1)(a)(3) Wlv	1600	1600	800	425
8	Conducting a flight without a designated pilot in command		5.6 Wlv		11.9(1)(a)(5) Wlv	1600	800	425	200
9	As pilot in command, failure to take cognisance of all data and information relevant to the execution of the flight before the commencement of each flight	E.g. on AIS, Meteo and aircraft weight and balance distribution	5.8 Wlv		11.9(1)(a)(5) Wlv	2500	1600	800	425
10	Failure to submit flight plan before commencement of flight to which air traffic control services are provided		5.9(1) Wlv		11.9(1)(a)(5) Wlv	2500	1600	800	425
11	Commencing, without clearance, a flight to which air traffic control services are provided, or performing part of it	Airspace violation (e.g. airspace infringement) for class C	5.9(2) Wlv		11.9(1)(a)(5) Wlv	2500	1600	800	425
12	As pilot in command, failure to comply with terms of clearance		5.9(3) Wlv		11.9(1)(a)(5) Wlv	2500	1600	800	425
13	Taking off with an aircraft other than from an airport	Not holding a TUG issued by the provincial authority	8.1a(1) Wlv		11.9(1)(a)(8) Wlv	x	x	1600	800
14	Failure to properly present a licence, certificate of equivalence or medical certificate for inspection on demand		11.4(1) Wlv		11.9(1)(a)(11) Wlv	425	425	200	200
15	As a member of the cabin crew, failure to cooperate in preliminary analysis of exhaled air at first request		11.4(2) Wlv		11.9(1)(a)(11) Wlv	200	200	200	x
16	As a member of the cockpit crew, failure to cooperate in preliminary analysis of exhaled air at first request		11.4(2) Wlv		11.9(1)(a)(11) Wlv	800	800	425	200

CATEGORY II: OFFENCES INVOLVING NON-EUROPEAN AIRCRAFT

The offences in this category apply to aircraft to which the Basic Regulation does not apply, such as those listed in its Annex I, and to aircraft used by third-country (non-EU) operators for flights to, within or from the EU for which international ICAO standards exist. The following assumptions apply to these offences.

	Offence description	Comment	Article	Basic offence	Criminalisation	Jet aircraft with an authorised total mass of 5,700 kg or more	Propeller aircraft and helicopters with an authorised total mass of 5,700 kg or more	Aircraft with a maximum permitted total mass of 5,700 kg or less (commercial and helicopters)	Aircraft with a maximum permitted total mass of 5,700 kg or less (private)
1	Operating an aircraft without a valid licence or certificate of equivalence for that purpose (document not expired for more than one year)	Pilot's licence but not expired for more than 1 year	2.1(1) Wlv		11.9(1)(a)(2) Wlv	2500	2500	1600	800
2	Operating an aircraft without a valid licence or certificate of equivalence for that purpose (no document or document not expired for more than one year)	No licence or licence expired for more than one year	2.1(1) Wlv		11.9(1)(a)(2) Wlv	Summons regarding disqualification	idem	idem	idem
3	Operating a Dutch civil aircraft without a Dutch or recognised authority-issued licence or certificate of equivalence (document expired no longer than one year)	Dutch aircraft	2.1(2)(a), (b) and (c) Wlv		11.9(1)(a)(2) Wlv	2500	2500	1600	800
4	Operating a Dutch civil aircraft without a Dutch or recognised authority-issued licence or certificate of equivalence (no document or document expired no longer than one year)		2.1(2)(a), (b) and (c) Wlv		11.9(1)(a)(2) Wlv	Summons regarding disqualification	idem	idem	idem
5	Having or causing to be included incorrect details or incorrect annotations in the log.		2.10(2)(a) Wlv		11.9(1)(a)(2) Wlv	800	800	425	200
6	Damaging or destroying the logbook, causing it to be damaged or destroyed or allowing it to be damaged or destroyed		2.10(2)(b) Wlv		11.9(1)(a)(2) Wlv	800	800	425	200
7	Conducting a flight with an aircraft that is not airworthy		3.8(1)(a) Wlv		11.10(1)(a)(3) Wlv	Summons regarding disqualification (offence)	idem	idem	idem
8	Conducting a flight with an aircraft that does not have a valid certificate of airworthiness	Certificate not issued or expired	3.8(1)(b) Wlv		11.10(1)(a)(3) Wlv	summons regarding disqualification (offence)	idem	idem	idem
9	Acting in contravention of the regulations or restrictions of a certificate of airworthiness	E.g. historical aviation	3.13, third and fourth paragraphs Wlv		11.10(1)(a)(3) Wlv	summons regarding disqualification (offence)	idem	idem	idem
10	As a holder of a Dutch civil aircraft, failing to ensure that the aircraft retains its airworthiness		3.22(1)(a) Wlv		11.9(1)(a)(3) Wlv	4100	2500	1600	800

CATEGORY III: OFFENCES REGARDING AIR TRAFFIC SERVICES AND THE PROVISION OF FLIGHT OR AIRPORT INFORMATION

The following offences relate to air traffic services and the provision of airport information, which are not regulated by or under the Basic Regulation.

	Offence description	Comment	Article	Basic offence	Criminalisation	Principle
1	If an air traffic service provider fails to cooperate with preliminary examination of exhaled air at first request	Air traffic leader	11.4(2) Wlv	11.8a Wlv	11.9(1)(a)(11) Wlv	800
2	If an air traffic information provider fails to cooperate with preliminary examination of exhaled air at first request	( AFIS) Provider of flight information and alerts to aerodrome traffic (EHBD outside UDP only)"	11.4(2) Wlv	11.8a Wlv	11.9(1)(a), sub 11 Wlv	425
3	If an air traffic information provider fails to cooperate with preliminary examination of exhaled air at first request	In-flight advice or information (Airport manager)	11.4(2) Wlv	11.8a Wlv	11.9(1)(a), sub 11 Wlv	200
4	As an operator of a ground station or a mobile station in the aeronautical mobile band, failure to cooperate in preliminary examination of exhaled air upon first request	Radio on the ground	11.4(2)	11.8a Wlv	11.9(1)(a)(11) Wlv	200

4. REGULATIONS UNDER THE AIR TRAFFIC DECREE 2014

The following principles refer to offences provided for under the Aviation Act in the Air Traffic Decree 2014.

	Offence description	Remark	Article	Basic offence	Criminalisation	Jet aircraft with an authorised total mass of 5,700 kg or more	Propeller-driven aircraft and helicopters with an authorised total mass of 5,700 kg or more	Aircraft with a maximum permitted total mass of 5,700 kg or less (commercial and helicopters)	Aircraft with a maximum permitted total mass of 5,700 kg or less (private)	Other (unmanned aerial vehicle, drone)
1	Conducting a flight in an area prohibited for civil air traffic		2-5 Regulation Limitation or Prohibition on Civil Air Traffic in Certain Areas 2018	9 BL 2014 5.10 (5) Wlv	33 BL 2014 11.9 (5a) 5 Wlv	2500	1600	800	425	250
2	As pilot in command, failure to comply with terms of clearance		5.9(3) Wlv		11.9(1)(a)(5) Wlv	2500	1600	800	425	x
3	Towing aircraft or other objects in flight		11 (1) Air Traffic Decree 2014	5.5 Wlv	33 BL 2014 11.9(1)(b)(4) Wlv	x	x	800	425	x
4	Regardless of weather conditions, conducting a VFR flight outside the daylight period		18 (1) Air Traffic Decree 2014	5.5 Wlv	33 BL 2014 11.9(1)(b)(4) Wlv	x	x	1600	800	250

5. RULES UNDER THE FLIGHT OPERATION REGULATIONS

The following principles refer to an offence provided for under the Aviation Act in the Flight Operations Regulations.

	Offence description	Comment	Article	Basic offence	Criminalisation	Jet aircraft with an authorised total mass of 5,700 kg or more	Propeller aircraft and helicopters with an authorised total mass of 5,700 kg or more	Aircraft with a maximum permitted total mass of 5,700 kg or less (commercial and helicopters)	Aircraft with a maximum permitted total mass of 5,700 kg or less (private)
1	As commander of a civil aircraft not carrying the documents listed in the Flight Operations Regulations		5 Flight Operations Regulation	4.8 Wlv	11.9(1)(a)(4) Wlv	800	800	425	200

6. AVIATION SAFETY IMPLEMENTATION AND ENFORCEMENT REGULATIONS

PART A: AIRWORTHINESS

This section covers requirements in the Basic Regulation and/or two implementing regulations based on it: Regulation 748/2012 and Regulation 1312/2014, which are related to aircraft airworthiness.

	Offence description	Comment	Article	Basic offence	Criminalisation	Jet aircraft with an authorised total mass of 5,700 kg or more	Propeller aircraft and helicopters with an authorised total mass of 5,700 kg or more	Aircraft with a maximum permitted total mass of 5,700 kg or less (commercial and helicopters)	Aircraft with a maximum permitted total mass of 5,700 kg or less (private)
1	Failure to transfer certificate of airworthiness and type certificate together with the aircraft after it has changed ownership	Previous owner	2 Regulation 748/2012, bijlage I, paragraaf 21.A.179	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	1600	1600	800	425
2	Failure to present airworthiness certificate after it has been revoked or surrendered.		2 Regulation 748/2012, annex I, paragraph 21.A.181	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	1600	1600	800	425
3	Breach of owner's duty of care to operate only when the aircraft is in airworthy condition and/or maintenance has been carried out in accordance with the maintenance programme specified in point M.A.302.		29 Bv, Annex V, section 6.1(a) and (d) as far as responsible for continuing airworthiness 3(1) Regulation 1321/2014, Annex I, paragraphs M.A.201(a)(1) and (4)	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	4100	2500	1600	800
4	Performing maintenance tasks without proper qualifications	Person [6]	3, (2) Regulation 1321/2014, Annex I, paragraph M.A.402 part a	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	2500	2500	1600	800

PART B: AIRCRAFT CREW

This section covers regulations in the Basic Regulation and/or implementing regulations based on it, which cover with aircraft crew. Category I includes the general requirements from the Basic Regulation and its implementing regulation 1178/2011. Categories II and III cover gliding and ballooning, respectively. While it is true that the general rules in the Basic Regulation also apply to them, their elaboration is regulated in separate implementing regulations. For gliding, this is Regulation 2018/1976 and for ballooning, Regulation 2018/395.

CATEGORY I: GENERAL

	Offence description	Comment	Article	Basic offence	Criminalisation	Jet aircraft with an authorised total mass of 5,700 kg or more	Propeller aircraft and helicopters with an authorised total mass of 5,700 kg or more	Aircraft with a maximum permitted total mass of 5,700 kg or less (commercial and helicopters)	Aircraft with a maximum permitted total mass of 5,700 kg or less (private)
1	Operating an aircraft without a valid licence (document expired no more than one year)	Pilot’s licence but not expired for more than one year	21(1) Bv	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	2500	2500	1600	800
2	Operating an aircraft without a valid licence (no document or document more than one year expired)	No licence or licence expired for more than one year	21(1) Bv	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	Summons regarding disqualification	idem	idem	idem
3	Being involved in commercial air transport without a certificate as cabin crew		22(1) Bv	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	800	800	800	x
4	Working as an instructor or examiner without a certificate	Certificate but not expired for more than one year	26(1) Bv	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	2500	2500	1600	800
5	Working as an instructor or examiner without a certificate	No certificate or more than one year expired	26(1) Bv	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	Summons regarding disqualification	idem	idem	idem
6	Failure to comply with obligation to carry and present documents (licence, medical certificate, ID, flight time records)	valid licence and medical certificate	20 Bv 3 Regulation 1178/2011, bijlage I, paragraaf FCL.045	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	800	800	425	200
7	Failure or inadequate recording of details of the flight(s) flown		20 Bv 3 Regulation 1178/2011, bijlage I, paragraaf FCL.050	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	800	800	425	200
8	Making a flight requiring the use of radio telephone without a language proficiency endorsement.		20 Bv 3 Regulation 1178/2011, bijlage I, paragraaf FCL.055	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	1600	1600	800	425
9	Not having the required recent experience for commercial air transport or passenger transport		20 Bv 3 Regulation 1178/2011, annex I, paragraph FCL.060	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	2500	2500	1600	1000
10	Disregarding limitation of powers of licence holder aged 60 or above in commercial air transport		20 Bv 3 Regulation 1178/2011, annex I, paragraph FCL.065	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	2500	2500	1600	x
11	Flying while aware that his medical condition is such that it may affect flight safety		20 Bv and/or 29 Bv in conjunction with Annex V, section 7.6 3 Regulation 1178/2011, Annex IV, paragraph MED.A.020(a)	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	1600	1600	800	425
12	Performing work without seeking aeromedical advice when required to do so		20 Bv 3 Regulation 1178/2011, Annex IV, paragraph MED.A.020(b)	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	2500	2500	1600	800
13	Flying solo as a student pilot without holding required medical certificate		20 Bv 3 Regulation 1178/2011, Annex IV, paragraph MED.A.030	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	2500	2500	1600	800

CATEGORY II: GLIDER FLYING

	Offence description	Comment	Article	Basic offence	Criminalisation	Commercial	Private
1	Operating an aircraft without a valid licence (document expired no more than one year)	Pilot’s licence but not expired for more than one year	21(1) Bv	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	1600	800
2	Operating an aircraft without a valid licence (no document or document more than one year expired)	No licence or licence expired for more than one year	21(1) Bv	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	Summons regarding disqualification	idem
3	Working as an instructor or examiner without a certificate		26(1) Bv	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	1600	800
4	Failure to comply with obligation to carry and present documents (licence, medical certificate, ID, flight time records)	valid licence and medical certificate	20 Bv 3bis Regulation 2018/1976, Annex III, paragraph SFCL.045	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	425	200
5	Failure or inadequate recording of details of the flight(s) flown		20 Bv 3bis Regulation 2018/1976, Annex III, paragraph SFCL.050	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	425	200
6	Ignoring limitation of powers of licence holder aged 60 or above in commercial air transport		20 Bv 3bis Regulation 2018/1976, Annex III, paragraph SFCL.065	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	1600	x
7	Flying while aware that his medical condition is such that it may affect flight safety		20 Bv 3 Regulation 1178/2011, Annex IV, paragraph MED.A.020(a)	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	800	425
8	Performing work without seeking aeromedical advice when required to do so		20 Bv 3 Regulation 1178/2011, Annex IV, paragraph MED.A.020(b)	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	1600	800
9	Flying solo as a student pilot without holding required medical certificate		20 Bv 3 Regulation 1178/2011, Annex IV, paragraph MED.A.030	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	1600	800

CATEGORY III: BALLOON FLIGHTS

	Offence description	Comment	Article	Basic offence	Criminalisation	Commercial	Private
1	Operating an aircraft without a valid licence (document expired no more than one year)	Pilot’s licence but not expired for more than one year	21(1) Bv	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	1600	800
2	Operating an aircraft without a valid licence (no document or document more than one year expired)	No licence or licence expired for more than one year	21(1) Bv	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	Summons regarding disqualification	idem
3	Working as an instructor or examiner without a certificate		26(1) Bv	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	1600	800
4	Failure to comply with obligation to carry and present documents (licence, medical certificate, ID, flight time records)	valid licence and medical certificate	20 Bv 3bis Regulation 2018/395, Annex III, paragraph BFCL.045	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	425	200
5	Failure or inadequate recording of details of the flight(s) flown		20 Bv 3bis Regulation 2018/395, Annex III, paragraph BFCL.050	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	425	200
6	Ignoring limitation of powers of licence holder aged 60 or above in commercial air transport		20 Bv 3bis Regulation 2018/395, Annex III, paragraph BFCL.065	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	1600	x
7	Flying while aware that his medical condition is such that it may affect flight safety		20 Bv 3 Regulation 1178/2011, Annex IV, paragraph MED.A.020(a)	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	800	425
8	Performing work without seeking aeromedical advice when required to do so		20 Bv 3 Regulation 1178/2011, Annex IV, paragraph MED.A.020(b)	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	1600	800
9	Flying solo as a student pilot without holding required medical certificate		20 Bv 3 Regulation 1178/2011, Annex IV, paragraph MED.A.030	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	1600	800

PART C: AIR TRAFFIC CONTROL OFFICERS

This section deals with regulations in the Basic Regulation and/or implementing regulations based on it, which deal with air traffic control officers.

	Offence description	Comment	Article	Basic offence	Criminalisation	Principle
1	Working as an air traffic control officer without a valid licence (document expired no more than one year)		49(1) Bv	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	2500
2	Working as an air traffic control officer without a valid licence (no document or document expired more than one year)		49(1) Bv	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	Summons regarding disqualification
3	Exercising rights of licence while aware that his medical condition is such that it may affect safety		48 Bv 3(1) Regulation 2015/340, Annex IV paragraph ATCO.MED.A.020(a)	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	1600
4	Performing work without seeking aeromedical advice when required to do so		48 Bv 3(1) Regulation 2015/340, Annex IV paragraph ATCO.MED.A.020(b)	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	2500

PART D: FLIGHT OPERATIONS MANNED AVIATION

This section deals with requirements in the Basic Regulation and/or implementing regulations based on it, which deal with the operation of manned aircraft.

	Offence description	Comment	Article	Basic offence	Criminalisation	Jet aircraft with an authorised total mass of 5,700 kg or more	Propeller aircraft and helicopters with an authorised total mass of 5,700 kg or more	Aircraft with a maximum permitted total mass of 5,700 kg or less (commercial and helicopters)	Aircraft with a maximum permitted total mass of 5,700 kg or less (private)	Miscellaneous
1	Conducting a flight with an aircraft that is not airworthy		29 Bv Annex V, section 6.1 a, as far as the airworthiness of the aircraft is concerned			Summons in connection with disqualification (criminal offence)	idem	idem	idem
2	Conducting a flight with an aircraft that does not have a valid certificate of airworthiness		29 Bv Annex V, section 6.1(c), as far as the airworthiness certificate is concerned			Summons in connection with disqualification (criminal offence)	idem	idem	idem
3	Flying under the influence of psychoactive substances or alcohol		29 Bv Annex V, section 7.6, insofar as it concerns the crew member who is under the influence of psychoactive substances or alcohol			See under 3, part A	idem	idem	idem

PART E: COMMON AIR TRAFFIC RULES

This part concerns regulations laid down in Implementing Regulation 923/2012, the SERA regulation (SERA stands for 'Standardised European Rules of the Air'). This implementing regulation covers general air traffic as it is based not only on the Basic Regulation but also on the Airspace Regulation. The regulations listed below under Article 1.6 of the Aviation Act designated as a punishable offence.

	Offence description	Comment	Article	Basic offence	Criminalisation	Jet aircraft with a permitted total mass of 5,700 kg or more	Propeller aircraft and helicopters with an authorised total mass of 5,700 kg or more	Aircraft with a maximum permitted total mass of 5,700 kg or less (commercial and helicopters)	Aircraft with a maximum permitted total mass of 5,700 kg or less (private)
1	Flying so close to another aircraft as to create a collision hazard		SERA.3205	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	Summons regarding disqualification	idem	idem	idem
2	Failure to give way to the right when overtaking aircraft		SERA.3210, c under 3	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	x	x	1600	800
3	Failure to give priority to aircraft in the process of landing or in final approach phase before landing		SERA.3210, c under 4	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	x	x	1600	800
4	Failure to give priority to aircraft in the process of landing or in final approach phase before landing	Applicable only in the event of danger	SERA.3210, c under 4	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	Summons regarding disqualification	idem	idem	idem
5	Failure to submit flight plan before commencement of IFR flight within air traffic service areas F or G		SERA.4001, b under 1	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	2500	1600	800	425
6	Failure to submit flight plan before commencement of an international VFR flight		SERA.4001, b under 5	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	x	x	800	425
7	Failure to submit flight plan before commencement of flight scheduled at night when leaving proximity of aerodrome		SERA.4001(b)(6)	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	x	x	1600	800
8	Performing a VFR flight in such weather conditions that the aircraft's flight visibility and that distance is less than the prescribed values		SERA.5005, a	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	x	x	1600	800
9	During a VFR flight, taking off from or landing on an aerodrome in a local air traffic control area, or flying into or out of the aerodrome traffic control area or air traffic circuit if the cloud base is below 450 m (1500 ft)		SERA.5005, b	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	x	x	1600	800
10	Taking off from or landing at an aerodrome located in a local air traffic control area during a VFR flight, or flying into the air traffic control area or air traffic circuit if the ground visibility is less than 5 kilometres		SERA.5005, b	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	x	x	1600	800
11	Conducting a VFR flight below the prescribed minimum flight altitude (between 100 - 50% of the prescribed minimum flight altitude)		SERA.5005, f	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	x	x	1800	1000
12	Conducting a VFR flight below the prescribed minimum flight altitude (between 50 - 25% of the prescribed minimum flight altitude)		SERA.5005, f	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	x	x	1600	800
13	Conducting a VFR flight below the prescribed minimum flight altitude (less than 25% of the prescribed minimum flight altitude)		SERA.5005, f	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	x	x	1400	600
14	Conducting a IFR flight below the prescribed flight altitude (between 100 - 50% of the prescribed minimum flight altitude)		SERA.5015, b	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	2500	2500	1800	1000
15	Conducting a IFR flight below the prescribed flight altitude (between 50 - 25% of the prescribed minimum flight altitude)		SERA.5015, b	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	2300	2300	1600	800
16	Conducting a IFR flight below the prescribed flight altitude (less than 25% of the prescribed minimum flight altitude)		SERA.5015, b	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	2000	2000	1400	600
17	During an IFR flight, not listening out on the designated radio frequency, or failing to establish a two-way radio link, or failing to report position in the prescribed manner		SERA.5025, b, c in conjunction with SERA.8025	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	2500	2500	1600	800
18	Regardless of weather conditions, conducting a VFR flight in Class A air traffic service areas		SERA.6001, a	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	x	x	1600	800
19	During a controlled flight, not listening out on the designated radio frequency or not establishing a two-way radio link		SERA.8035	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	2500	2500	1600	800

PART F: DRONE REGULATION (REGULATION 2019/947)

This section covers the rules in Executive Order 2019/947 that relate to flights by unmanned aerial vehicles (drones). The regulations listed below under Article 1.6 of the Aviation Act designated as a punishable offence.

	Offence description	Comment	Article	Basic offence	Criminalisation	Principle
1	Failing to comply as an operator with the conditions of the open category, while no permit has been applied for	Highly varied, case-specific solution offered [7]	5(1)	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	250
2	Failing to comply as a remote operator with the conditions of the open category, while no permit has been applied for		UAS.SPEC.060 paragraph 1(b)	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	250
3	Operating as a remote pilot a flight without permission from the responsible emergency service near or in an area where an emergency service is currently operating.		UAS.OPEN.060 paragraph 3	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	500
4	The flight was conducted without the drone operator being registered on the operators' register		14(5) or (8)	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	100
5	The flight was conducted without the operator number affixed to the drone		14(8)	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	100
6	Inability as a remote pilot to provide proof of completion		UAS.OPEN.060 paragraph 1	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	100
7	Conducting a remote flight as a pilot without holding a certificate of completion for subcategory A1/A3		8(1) UAS.OPEN.020(4) or UAS.OPEN.040(3)	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	250
8	Conducting a remote flight as a pilot without holding a certificate of completion for subcategory A2		8(1) UAS.OPEN.030 paragraph 2(a)	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	350
9	As an operator and/or pilot remotely operating a category A3 flight within 150 metres of a residential, commercial, industrial or recreational area		7(1) UAS.OPEN.040 paragraph 2	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	350
10	As operator and/or pilot remotely operating a flight in category A3, flying over persons not involved in the operation		7(1) UAS.OPEN.040 paragraph 1	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	350
11	Failure to comply as a remote operator and/or pilot with the restrictions of a category A2 operation		7(1) UAS.OPEN.030 paragraph 1	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	250
12	As operator or pilot remotely flying over people or a gathering of people not involved in the operation with a class C1 drone during a flight in category A1		7(1) UAS.OPEN.020 paragraph 1	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	250
13	As operator or pilot remotely flying over people or a gathering of people not involved in the operation with a class C1 drone during a flight other than in category A1		7(2) UAS.OPEN.020 paragraph 1	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	300
14	As a remote pilot, conducting a flight higher than 30 metres above the earth's surface within a low flying area	Highly varied, case-specific solution offered	UAS.OPEN.060(2)(c) 2(1) Unmanned Aircraft Zoning Regulations	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	250
15	Conducting a flight as a remote pilot in subcategory A3 within a low flying area	Highly varied, case-specific solution offered	UAS.OPEN.060(2)(c) 2(2) Unmanned Aircraft Zoning Regulations	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	250
16	Performing a remote flight as a pilot in the open category within the geographical area of an airport or heliport		UAS.OPEN.060(2)(c) 3(1) Unmanned Aircraft Zoning Regulations	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	250
17	Performing a remote flight as a pilot in the open category within the geographical area of an airport.		UAS.OPEN.060(2)(c) 4(1) Unmanned Aircraft Zoning Regulations	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	250
18	Performing a remote flight as a pilot in the open category within the geographical area of an industrial area and locations		UAS.OPEN.060(2)(c) 5(1) Unmanned Aircraft Zoning Regulations	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	250
19	Performing a remote flight as a pilot in the open category in the geographical area of a secure area or a location with vital processes		UAS.OPEN.060(2)(c) 6(1) Unmanned Aircraft Zoning Regulations	1.6 Wlv	3.1 Ruhl 11.9(1)(c) Wlv	350

With regard to operating a drone under the influence of psychoactive substances or alcohol (prohibited under UAS.OPEN.060(2)(a) or UAS.SPEC.060(1)(a), designated as an offence under Article 3.2) alignment is sought with the principles for private pilots of aircraft with a maximum take-off weight of 5,700 kg or less. These are shown under 3, part A, category III.

7. UNMANNED AIRCRAFT REGULATIONS

The following principles relate to offences provided for under the Aviation Act in the Unmanned Aircraft Regulations. These regulations therefore also cover flights by drones.

	Offence description	Comment	Article	Basic offence	Criminalisation	Miscellaneous
1	Performing a remote flight as a pilot over or in the immediate vicinity of a motorway, highway or 80 km/h road in use		6(1)	4a BL 2014 5.5 Wlv	33 BL 2014 11.9(1)(b)(4) Wlv	250
2	Performomg a remote flight as a pilot over or in the immediate vicinity of a railway line		6(2)	4a BL 2014 5.5 Wlv	33 BL 2014 11.9(1)(b)(4) Wlv	250
3	Conducting a remote flight as a pilot in a civil air traffic control area		7(1)	4a BL 2014 5.5 Wlv	33 BL 2014 11.9(1)(b)(4) Wlv	250
4	Performing a remote flight as a pilot in a military air traffic control area		7(2)	4a BL 2014 5.5 Wlv	33 BL 2014 11.9(1)(b)(4) Wlv	250
5	Performing a remote flight as a pilot over or in the immediate vicinity of an object that is part of a vital process		8	4a BL 2014 5.5 Wlv	33 BL 2014 11.9(1)(b)(4) Wlv	350

8. REGULATIONS ON STANDARD AIR TRAFFIC CIRCUITS

The following principles refer to offences provided under the Aviation Act in the Standard Air Traffic Circuits Regulations.

	Offence description	Comment	Article	Basic offence	Criminalisation	Aircraft with a maximum permitted total mass of 5,700 kg or less (commercial and helicopters)	Aircraft with a maximum permitted total mass of 5,700 kg or less (private)
1	Following the standard air traffic circuit against the direction of flight		3 Control of standard air traffic circuits	7 BL 2014 5.5(1) and (2) Wlv	33 BL 2014 11.9(1)(b)(4) Wlv	425	200
2	Following the standard air traffic circuit against the direction of flight, where disruption was caused to other circuit traffic		3 Control of standard air traffic circuits	7 BL 2014 5.5(1) and (2) Wlv	33 BL 2014 11.9(1)(b)(4) Wlv	1600	800
3	Following the standard air traffic circuit against the direction of flight, where danger was created for other circuit traffic		3 Control of standard air traffic circuits	7 BL 2014 5.5(1) and (2) Wlv	33 BL 2014 11.9(1)(b)(4) Wlv	Summons regarding disqualification	idem
4	At or near the aerodrome, failure to follow or avoid the air traffic circuit formed by aircraft		3 Control of standard air traffic circuits	7 BL 2014 5.5, first and second Wlv	33 BL 2014 11.9(1)(b)(4) Wlv	1600	800
5	Obstructing other aircraft following air traffic circuit on or near an aerodrome when in conjunction with an air traffic circuit.		3 Control of standard air traffic circuits	7 BL 2014 5.5, first and second Wlv	33 BL 2014 11.9(1)(b)(4) Wlv	2500	1600
6	Obstructing other aircraft following air traffic circuit on or near an aerodrome when in conjunction with an air traffic circuit.	Applicable only in the event of danger	3 Control of standard air traffic circuits	7 BL 2014 5.5, first and second Wlv	33 BL 2014 11.9(1)(b)(4) Wlv	Summons regarding disqualification	idem
7	On or near aerodrome not making a left turn during approach for landing and after take-off		3 Control of standard air traffic circuits	7 BL 2014 5.5, first and second Wlv	33 BL 2014 11.9(1)(b)(4) Wlv	800	425
8	Overtaking another aircraft within an air traffic circuit		4 Control of standard air traffic circuits	7 BL 2014 5.5, first and second Wlv	33 BL 2014 11.9(1)(b)(4) Wlv	425	200
9	Overtaking another aircraft within an air traffic circuit, where hindrance has been caused to other circuit traffic		4 Control of standard air traffic circuits	7 BL 2014 5.5, first and second Wlv	33 BL 2014 11.9(1)(b)(4) Wlv	1600	800
10	Overtaking another aircraft within an air traffic circuit, where danger has been created for other circuit traffic		4 Control of standard air traffic circuits	7 BL 2014 5.5, first and second Wlv	33 BL 2014 11.9(1)(b)(4) Wlv	Summons regarding disqualification	idem
11	Failure to observe the prescribed altitudes while following the standard air traffic circuit.		5 Control of standard air traffic circuits	7 BL 2014 5.5, first and second Wlv	33 BL 2014 11.9(1)(b)(4) Wlv	Summons regarding disqualification	idem
12	Entering the air traffic circuit without the pilot in command having taken note of the ground signs explained in the signal square or having obtained instructions accordingly via the airport authority radio		7(a) Regulation on standard air traffic circuits	7 BL 2014 5.5, first and second Wlv	33 BL 2014 11.9(1)(b)(4) Wlv	Summons regarding disqualification	idem
13	Climbing or descending to circuit altitude within the circuit area		7(b) Regulation on standard air traffic circuits	7 BL 2014 5.5, first and second Wlv	33 BL 2014 11.9(1)(b)(4) Wlv	Summons regarding disqualification	idem
14	Entering the air traffic circuit other than on the tailwind leg opposite the centre of the runway, where obstruction has been caused to other circuit traffic		7(c) Regulation on standard air traffic circuits	7 BL 2014 5.5, first and second Wlv	33 BL 2014 11.9(1)(b)(4) Wlv	1600	800
15	Entering the air traffic circuit other than on the tailwind leg opposite the centre of the runway, where danger has been caused to other circuit traffic		7(c) Regulation on standard air traffic circuits	7 BL 2014 5.5, first and second Wlv	33 BL 2014 11.9(1)(b)(4) Wlv	Summons regarding disqualification	x
16	Failure to leave the air traffic circuit at an angle of 45 degrees halfway down the crosswind leg		8 Control of standard air traffic circuits	7 BL 2014 5.5, first and second Wlv	33 BL 2014 11.9(1)(b)(4) Wlv	1600	800
17	Obstructing other circuit traffic within an air traffic circuit during a flight related to the hooking or ejection of an advertising dragnet		9(b) Regulation on standard air traffic circuits	7 BL 2014 5.5, first and second Wlv	33 BL 2014 11.9(1)(b)(4) Wlv	1600	800
18	Causing danger to other circuit traffic within an air traffic circuit during a flight related to the hooking or ejection of an advertising dragnet		9(b) Regulation on standard air traffic circuits	7 BL 2014 5.5, first and second Wlv	33 BL 2014 11.9(1)(b)(4) Wlv	Summons regarding disqualification	idem
19	Obstructing other circuit traffic within an air traffic circuit during a simulated emergency or precautionary landing		9(d) Regulation on standard air traffic circuits	7 BL 2014 5.5, first and second Wlv	33 BL 2014 11.9(1)(b)(4) Wlv	1600	800
20	Causing danger to other circuit traffic within an air traffic circuit during a simulated emergency or precautionary landing		9(d) Standard air traffic circuit regulation	7 BL 2014 5.5, first and second Wlv	33 BL 2014 11.9(1)(b)(4) Wlv	Summons regarding disqualification	idem

9. NATIONAL AIRCRAFT SAFETY REGULATIONS

The National Aviation Safety Regulations include rules on the use of aircraft not covered by the EU Basic Regulation. In each case, the prohibitions listed below are based on Article 7 Flight Operations Decree, which via Article 8 Flight Operations Decree, Article 4.6 Aviation Act and Article 1 under 4 WED is punishable as an offence.

	Offence description	Comment	Article	Principle
1	Using an amateur aircraft for aerial work, flight lessons, commercial purposes, rental or sightseeing flights or flights above or within 100 metres of built-up areas, buildings, industrial areas, port areas or human settlements		45	425
2	As the holder of an amateur construction aircraft, clearly indicating in and on the aircraft that it is an experimental aircraft which has not been shown to comply with international aircraft safety requirements		45(3)	425
3	Performing aerial work with an MLA, MLH, light gyroplane or powered paraglider		46(1), introductory sentence (a) and (b)	425
4	Using an MLA, MLH or light gyro copter for remuneration, benefit or commercial purposes		46, (1), introductory sentence (c)	600
5	Using a gyrokopter for remuneration, benefit or commercial purposes		46, (1) introductory sentence (d)	600
6	As the holder of an MLA, MLH, light gyrocopter or powered screen aircraft, displaying in a clearly legible place visible to each occupant the warning that the aircraft is not certificated under international airworthiness regulations and that the safety level has not been established.		46(2)	425
7	Conducting a flight with an amateur construction aircraft, MLA, MLH, light gyroplane and a powered aircraft without complying with an operating restriction specified in the manufacturer's flight manual	For example, the maximum take-off weight of the aircraft	47(1)	425
8	As pilot in command of an amateur construction aircraft, MLA, MLH, light gyro or powered paraglider, failure to inform every passenger prior to the flight that the aircraft is not certified to international airworthiness requirements		47(2)	425

10. PARACHUTE JUMPING REGULATIONS 2010

The following principles relate to offences provided under the Aviation Act in the Parachute Jumping Regulations.

	Offence description	Comment	Article	Basic offence	Criminalisation	Principle
1	As a parachute jumper, failure to give way to aircraft, helicopters, hovercraft, free balloons and airships		1b(1) Paragraph 1 of the Parachute Jumping Regulation 2010	12 BL 2014 5.5 Wlv	33 BL 11.9(1)(b)(4) Wlv	800
2	Parachuting outside a fixed parachute jumping area		3, (1) (a) Parachute jumping regulation 2010	12 BL 2014 5.5 Wlv	33 BL 11.9(1)(b)(4) Wlv	800
3	Parachuting outside an incidental parachute jumping area		3, (1) (a) Parachute jumping regulation 2010	12 BL 2014 5.5 Wlv	33 BL 11.9(1)(b)(4) Wlv	800
4	Parachute jumping outside the daylight period		3(1)(c) Paragraph 1 of the parachute jumping regulation 2010	12 BL 2014 5.5 Wlv	33 BL 11.9(1)(b)(4) Wlv	800
5	Parachute jumping when flight visibility and minimum distance from clouds do not meet minimum VFR values		3, (1) (d) Paragraph 1 of the Parachute Jumping Regulation 2010	12 BL 2014 5.5 Wlv	33 BL 11.9(1)(b)(4) Wlv	800

11. REGULATIONS ON CABLE KITES AND SMALL BALLOONS

The following principles relate to offences provided for under the Aviation Act in the Cable Kites and Small Balloons Regulations.

	Offence description	Comment	Article	Basic offence	Criminalisation	Principle
1	Using a cable kite or small cable balloon above a height of 100 metres above ground or water		2(a) Regulation on cable kites and small balloons	4 BL 2014 5.5 Wlv	33 BL 2014 11.9(1)(b)(4) Wlv	425
2	Using a cable kite or small cable balloon within 3 km of the boundary of an airport or gliding site		2(b) Regulation on cable kites and small balloons	4 BL 2014 5.5 Wlv	33 BL 2014 11.9(1)(b)(4) Wlv	800
3	Using a cable kite or small cable balloon within 5 km of the boundary of a controlled airport		2(c) Regulation on cable kites and small balloons	4 BL 2014 5.5 Wlv	33 BL 2014 11.9(1)(b)(4) Wlv	800
4	Using a cable kite or small cable balloon within civilian low flying areas, military low flying areas and within 5 km of military low flying routes		2(d) Regulation on cable kites and small balloons	4 BL 2014 5.5 Wlv	33 BL 2014 11.9(1)(b)(4) Wlv	800
5	Launching a small free balloon within 8 km of the boundary of a controlled airport without permission from the local air traffic control authority concerned		3(2) Regulation on cable kites and small balloons	4 BL 2014 5.5 Wlv	33 BL 2014 11.9(1)(b)(4) Wlv	425
6	launching 1000 or more decorative balloons almost simultaneously in violation of Article 3 of the Regulations on Cable Kites and Small Balloons		4(1) Regulation on cable kites and small balloons	4 BL 2014 5.5 Wlv	33 BL 2014 11.9(1)(b)(4) Wlv	800

12. AVIATION ACT REGULATIONS

The following principles relate to offences under the Aviation Act.

	Offence description	Comment	Article	Basic offence	Criminalisation	Principle
1	Holding an aviation display or contest without a licence		17(1) Lvw		62(1) Lvw	2500
2	Participating in an aviation display or contest without a licence		17, (2) Lvw		62, (2) Lvw	1600
3	Unlawful entry or stay on aerodrome [8]		62a, (1) Lvw		62a, (1) Lvw	1000

13. AVIATION DISPLAY REGULATIONS

The following principles relate to offences provided for under the Aviation Act in the Aviation Displays Regulations.

	Offence description	Comment	Article	Basic offence	Criminalisation	Aircraft with a maximum permitted total mass of 5,700 kg or less (commercial and helicopters)	Aircraft with a maximum permitted total mass of 5,700 kg or less (private)	Miscellaneous
1	As a display director simultaneously participating in the aviation display for which he is designated.		9, (5) Aviation Display Regulations	17 Lvw 158(2) RTL	39 Rl 62 (3) LvW	x	x	800
2	Failure as a display director to ensure that audience areas are restricted to one side of the display area.		13(a) Aviation Display Regulations	17 Lvw 158(2) RTL	39 Rl 62 (3) LvW	x	x	800
3	As a display director, allowing audience areas to be located below the entrance and exit sectors of the display area.		13(a) Aviation Display Regulations	17 Lvw 158(2) RTL	39 Rl 62 (3) LvW	x	x	1600
4	As a display director, failure to ensure that demonstration devices and other equipment are at least 15 metres away from the audience when being fuelled.		13(e) Aviation Display Regulations	17 Lvw 158(2) RTL	39 Rl 62 (3) LvW	x	x	800
5	As a display director, failure to ensure that balloons, airships or balloon cylinders are at least 40 metres away from the public when filled with hydrogen gas.		13(e) Aviation Display Regulations	17 Lvw 158(2) RTL	39 Rl 62 (3) LvW	x	x	800
6	As a display director, allowing a participant in an aeronautical display who does not have a valid display licence		18(1) Aviation Display Regulations	17 Lvw 158(2) RTL	39 Rl 62 (3) LvW	x	x	800
7	As a display director, admitting a participant or demonstration aircraft not listed in the display programme to an aviation display.	non-participants or demonstration devices of similar type and quality to replace those originally admitted	19(a) Aviation Display Regulations	17 Lvw 158(2) RTL	39 Rl 62 (3) LvW	x	x	800
8	As a display director, failing to prepare and/or send written instructions to participants in a timely manner		20(1) Aviation Display Regulations	17 Lvw 158(2) RTL	39 Rl 62 (3) LvW	x	x	800
9	As display director, having display flights conducted below minimum weather conditions.		21(1) Aviation Display Regulations	17 Lvw 158(2) RTL	39 Rl 62 (3) LvW	x	x	1600
10	As a display director, failure to ensure that the minimum separation distances between display line and audience line are observed.	category A demonstration aircraft	22(a) Aviation Display Regulations	17 Lvw 158(2) RTL	39 Rl 62 (3) LvW	x	x	800
11	As a display director, failure to ensure that the centre line of the track is at least 75 metres from the audience line.	category A demonstration aircraft	22(b) Aviation Displays Regulation	17 Lvw 158(2) RTL	39 Rl 62 (3) LvW	x	x	800
12	As a display director, failure to ensure that there is more than 15 metres plus half wingspan or half rotor diameter between any part of that taxiing demonstration aircraft and the public.	category A demonstration aircraft	22(c) Aviation Displays Regulation	17 Lvw 158(2) RTL	39 Rl 62 (3) LvW	x	x	800
13	As a display director, failure to ensure that the minimum separation criteria between the audience line and any part of the demonstration apparatus or their anchoring points are observed.	category B demonstration aircraft	23(a) Aviation Display Regulations	17 Lvw 158(2) RTL	39 Rl 62 (3) LvW	x	x	800
14	As display director, not ensuring that no more than 35 demonstration aircraft take off at the same time.	category B demonstration aircraft	23(c) Aviation Displays Regulation	17 Lvw 158(2) RTL	39 Rl 62 (3) LvW	x	x	800
15	As a display director, failure to ensure that no more than 70 demonstration aircraft take off per 24-hour period.	category B demonstration aircraft	23(d) Aviation Displays Regulation	17 Lvw 158(2) RTL	39 Rl 62 (3) LvW	x	x	800
16	As a display director, failure to ensure that the landing area for parachutists is more than 15 metres from the audience line.		24(1)(a) Aviation Display Regulations	17 Lvw 158(2) RTL	39 Rl 62 (3) LvW	x	x	800
17	As display director, failure to ensure that propellers, jet engines or rotor blades are stationary within 250 metres of the target area while a parachutist is engaged in his descent.		24(2) Aviation Display Regulations	17 Lvw 158(2) RTL	39 Rl 62 (3) LvW	x	x	800
18	As a display director, failure to ensure that the minimum distance between the audience on the one hand and parachute gliders, parachute aircraft, sailplane, tow rope, winch or winch cable winched out on the other is at least 30 metres.		25(d) Aviation Displays Regulation	17 Lvw 158(2) RTL	39 Rl 62 (3) LvW	x	x	800
19	As a participant, failure to ensure that, apart from the crew members essential to the display flight, there are no other persons on board the demonstration aircraft.		32(1) Aviation Display Regulations	17 Lvw 158(2) RTL	39 Rl 62 (3) LvW	800	800	x
20	Flying as a participant with a demonstration aircraft over the public area.		33 Aviation Displays Regulation	17 Lvw 158(2) RTL	39 Rl 62 (3) LvW	1600	1600	800
21	Operating as a participant with a free balloon below the permissible height above the public area (falling below 50% or more)		33(d) Aviation Displays Regulation	17 Lvw 158(2) RTL	39 Rl 62 (3) LvW	x	800	x
22	As a competitor with a category A aircraft, failure to comply with the minimum separation distances (falling below 50% or more)		34(1)(a) Aviation Display Regulations	17 Lvw 158(2) RTL	39 Rl 62 (3) LvW	800	800	x
23	As a competitor with a sailplane or parachute glider, failure to comply with the minimum separation distances (falling below 50% or more)		34(1)(a) Aviation Display Regulations	17 Lvw 158(2) RTL	39 Rl 62 (3) LvW	x	425	x
24	As a participant with a category A aircraft, not observing the established minimum flight altitude (falling below 50% or more)		34(1)(b) Aviation Display Regulations	17 Lvw 158(2) RTL	39 Rl 62 (3) LvW	800	800	x
25	As a participant with a sailplane or parachute glider, not observing the established minimum flight altitude (falling below 50% or more)		34(1)(b) Aviation Display Regulations	17 Lvw 158(2) RTL	39 Rl 62 (3) LvW	x	425	x
26	As a competitor with a category A appliance, starting the execution of the event before the minimum height and/or minimum separation distance is reached (falling below 50% or more)		34(1)(c) Aviation Display Regulations	17 Lvw 158(2) RTL	39 Rl 62 (3) LvW	800	800	x
27	As a competitor in a sailplane or parachute glider, commencing the execution of the event before the minimum altitude and/or minimum separation distance has been reached (falling below 50% or more)		34(1)(c) Aviation Display Regulations	17 Lvw 158(2) RTL	39 Rl 62 (3) LvW	x	425	X
28	As a participant with a category A aircraft, manoeuvring in such a way that the display line is crossed		34(1)(d) Aviation Display Regulations	17 Lvw 158(2) RTL	39 Rl 62 (3) LvW	425	425	x
29	As a participant of a ground-based demonstration device, having the propellers, jet engines or rotors in operation within 250 metres of the target area of a parachute jumper during a demonstration		35(a) Aviation Display Regulations	17 Lvw 158(2) RTL	39 Rl 62 (3) LvW	800	800	x
30	As a participant of a ground-based demonstration aircraft, having the propellers, jet engines or rotors in operation if a parachutist is hovering in the direction of his aircraft		35(b) Aviation Displays Regulation	17 Lvw 158(2) RTL	39 Rl 62 (3) LvW	800	800	x
31	As a participant flying a parachute glider, paraglider or sailplane within 30 metres of the public area		36(2) Aviation Display Regulations	17 Lvw 158(2) RTL	39 Rl 62 (3) LvW	x	425	x
32	Not having the required experience as an airport information provider		37 Aviation Displays Regulation	17 Lvw 158(2) RTL	39 Rl 62 (3) LvW	x	x	800
33	As an airport information provider, failure to provide information to the participant on ground or airborne emergencies relevant to the safe execution of a component		38(d) Aviation Displays Regulation	17 Lvw 158(2) RTL	39 Rl 62 (3) LvW	x	x	800

14. REGULATIONS ON TOWING AND ADVERTISING TOWING

The following principles relate to offences provided under the Aviation Act in the Towing and Advertising Towing Regulations.

	Offence description	Comment	Article	Basic offence	Criminalisation	Aircraft with a maximum permitted total mass of 5,700 kg or less (commercial and helicopters)	Aircraft with a maximum permitted total mass of 5,700 kg or less (private)
1	Conducting a commercial towing flight with an aircraft not certified for that purpose		3(a) Towing and advertising towing regulations	6 Aircraft Noise Abatement Decree	5 Advertising towing and advertising advertisement towing aircraft 62, (3), Lvw	1600	800
2	Conducting a commercial towing flight Monday to Friday before 8am and after 7pm local time Conducting a commercial towing flight on Saturdays before 10am and after 7pm local time Conducting a commercial towing flight on Sundays before 11am and after 7pm local time		4(a) Towing and Advertising Towing Regulations"	6 Aircraft Noise Abatement Decree	5 Advertising towing and advertising advertisement towing aircraft 62, (3), Lvw	1600	800
3	Conducting a commercial towing flight involving more than 15 minutes per day per tow over the same location or more than 45 minutes over the same built-up area.		4(b) Towing and Advertising towing regulations	6 Aircraft Noise Abatement Decree	5 Advertising towing and advertising advertisement towing aircraft 62, (3), Lvw	1600	TT800
4	Conducting a commercial towing flight involving closed-circuit operations with more than three towing aircraft		4(c) Towing and Advertising Towing Regulations	6 Aircraft Noise Abatement Decree	5 Advertising towing and advertising advertisement towing aircraft 62, (3), Lvw	1600	800

15. AVIATION SUPERVISION REGULATION

Section 96(4) of the Aviation Supervision Regulations (RTL) is a regulation that can be used to prosecute cases against 'unruly passengers'. The RTL is an Order in Council based on the Aviation Act. [9] Article 96(4) RTL is a regulation has been identified in Section 166 RTL as an offence under Section 62(3) of the Lvw.

Conduct	Particulars		Fine	note:
Smoking in an aircraft	in cabin	"dry" observation	200
		realised fire hazard (scorch marks, smouldering paper etc)	500	in cases of cumulation with other conduct or an actual fire: summons
	in toilet	admits to having smoked and states what was done with the cigarette end.	200
		refuses to admit smoking and will not state what was done with the cigarette end [10]	250
		realised fire hazard (scorch marks, smouldering paper etc)	500	in cases of cumulation with other conduct or an actual fire: summons.
Refusal to fasten seatbelt	no obvious reason other than the "fasten seatbelt sign" being on [11]		250
	during take-off, landing or turbulence		350
Shouting and/or causing other noise pollution/harassing other passengers	standard		300
	risk of escalation [12]		500
	realised escalation [13]		1000	in case of cumulation with other behaviour and/or offences, immediate summons
Surreptitiously drinking self-brought alcohol	'Dry' observation by crew		150
	obvious intoxication and/or already refused service by crew		300
Refusing to sit in the seat designated by the crew [14]			300
Refusing to stay seated			300
Refusing to store hand luggage in overhead bins or place luggage under seat			300
Refusal of instructions given regarding other conduct	behaviour irritating for fellow passengers		150
	undesirable behaviour with regard to the safety of persons and/or the aircraft		300
For multiple behaviours that do not cease after instructions to do so by or on behalf of the captain: the base amount is the most serious behaviour and each subsequent one is + €100. Maximum is cumulation of 3 behaviours, for more than that, immediate summons. (For example: a passenger does not follow instructions to stay seated, lights a cigarette and refuses to stop shouting: €300 + €100 + €100. If he then also starts harassing his neighbour and won't stop after being told to do so: summons.) If committed, bring separate charges against collective offences such as insulting behaviour (remember: this is a complaint offence!), assault and lewd acts and vandalism. In those cases, a summons is always issued. Serious threats can also be an act of violence under 385b of the Penal Code: assess whether the case should not be disposed of under Article 385b of the Penal Code. In that case, consider whether charges are appropriate, in any event, issue a summons.

16. THE DUTCH PENAL CODE

The Penal Code also includes several aviation offences. For the following offences, suspects are in principle summoned:

- Intentional or culpable destruction of traffic works, as referred to in sections 162 and 163 of the Penal Code, respectively

- Intentional destruction at an airport of facilities that disrupts services at the airport, as referred to in Section 162a of the Penal Code

- Intentionally or culpably causing danger to air traffic with a mechanical force [15] , as referred to in Articles 164 and 165 of the Penal Code respectively

- Intentional or culpable destruction of aviation safety signs as referred to in Sections 166 and 167 of the Penal Code, respectively

- Intentionally or culpably causing aircraft to crash, as referred to in Sections 168 and 169 of the Penal Code, respectively

- Damage to buildings referred to in Article 352 Penal Code

- Hijacking, as referred to in Section 385a of the Penal Code

- Violence against an occupant of an aircraft, as referred to in Section 385b of the Penal Code

- Passing on false information that may cause danger to an aircraft in flight, as referred to in section 385c of the Penal Code

- Using a firearm, explosive or other hazardous substance or object posing a threat to public safety in or in the immediate vicinity of an airport departure or arrival hall, as referred to in section 385d of the Penal Code

This principle does not alter the fact that, especially in the case of culpable offences, case-specific approaches are applied. Regarding the violation of Article 429(6) of the Penal Code - behaving in such a way as to cause or be likely to cause danger to air traffic or to interfere with air traffic (e.g. laser blasting) - the starting point is a fine of €500.

[1] Bulletin of Acts, Orders and Decrees 1996, 137, p. 12.

[2] Regulation (EU) 2018/1139 the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) Nos. 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91.

[3] The category classification previously assumed a distinction between aircraft with a maximum take-off weight of 6,000 kg or more and those with a maximum take-off weight of less than 6,000 kg. Internationally and in Europe, a distinction is made between aircraft with a maximum take-off weight of 5,700 kg or more and those with a maximum take-off weight of 5,700 kg or less.

[4] Parliamentary Papers II 2012/13, 33476, no. 3, p. 9.

[5] Parliamentary Papers II 1995/96, 24513, no. 3, p. 11-12

[6] In the case of an organisation, more customisation is required.

[7] This offence is broadly worded. For example, the condition for the open category is a flight altitude of 120 metres. If this was not met, a licence should have been applied for. In other words, this could involve a drone flying at 130 metres, but also a drone flying at an altitude of 3 km.

[8] More customisation provided by Article 62a, (2), Lvw (unlawful access to aerodrome by means of breaking and entering, burglary, false keys, false order, false suit or false/not belonging to him).

[9] That the RTL is not a general administrative order but an Order in Council is evident from its preamble: 'Decision (...) establishing a scheme'.

[10] If a passenger has surreptitiously smoked in the toilet and refuses to admit that he has done so and will therefore not say where they left the cigarette end, the crew has to search the toilet for the cigarette end for safety reasons. After all: if it lies smouldering in the bin, there is a fire hazard. This may mean that while searching for the cigarette end, the crew is not paying attention to the safety and welfare of the other passengers, thus ultimately endangering the flight. Include only if the crew mentions it in its statement.

[11] Sometimes the "fasten seatbelt sign" comes on without any clearly noticeable safety issues for the passenger. I.e. no violent turbulence or rise or fall. For example, the captain can decide to do this when there is a chaotic situation in the cabin and calm needs to be restored.

[12] Other passengers begin to interfere and vehemently hold the passenger to account for his behaviour.

[13] Half the plane has now interfered and arguments/confrontation with other passengers ensue. Bring separate charges for threats and/or insults (if complained about!). If escalation to physical violence occurs, switch to art 385b of the Penal Code. In that case, issue a summons immediately. Assess whether having charges brought is not appropriate.

[14] In most cases, the crew's designation of a seat other than that selected by the passenger himself has safety reasons. E.g. a person with mobility problems should not sit near an emergency exit because then he cannot help other passengers use the exit in an emergency. When the flight is not full, passenger reshuffling may be decided from the perspective of better distribution of weight across the aircraft. The decision to assign another seat has clear safety reasons.

[15] Consider laser radiation, for example.