Detention and sale of aircraftU.K.
39.—(1) Where a person (“P”) is—
(a)a UK administered operator who has not paid a civil penalty within the period of 6 months beginning with the date by which it is due, or
(b)the subject of an operating ban imposed under Article 16(10) of the Directive,
the regulator may detain a relevant aircraft.
(2) For the purposes of paragraph (1)—
(a)a “civil penalty” is any penalty imposed—
(i)under Part 7; or
(ii)under the 2010 Regulations in respect of a failure to comply with those Regulations on or after 1st January 2012; and
(b)a “relevant aircraft” is any aircraft of which the regulator has reason to believe that P is the operator.
(3) Schedule 9 makes further provision about the detention of aircraft under this regulation, and about the sale of aircraft following such detention.
(4) For the purposes of paragraph (2), and of Schedules 9 and 10, the operator of an aircraft is the person using the aircraft to perform an aviation activity (and “operate” has the corresponding meaning).