Entry to and use of the controlled land area

5.—(1) Subject to byelaws 5(2) and 5(4), a person may enter and use the controlled land area.

(2) A person commits an offence if that person—

(a)enters the controlled land area or remains in it,

(b)causes anything to enter or remain in that area so as to obstruct the use of that area, or

(c)flies or causes anything to fly over that area at a height of less than 500 feet,

when it is being used for a military purpose.

(3) It is a defence for a person charged with an offence under byelaw 5(2)(a) that the person did not know and could not reasonably have known that the area was being used for a military purpose.

(4) A person commits an offence if within the controlled land area that person—

(a)enters a part of the controlled land area entry to which is marked as prohibited or restricted;

(b)obstructs a person mentioned in byelaw 6(1) who is acting for a military purpose;

(c)interferes with or obstructs the use of any property which is under the control of a person mentioned in byelaw 6(1) who is acting for a military purpose;

(d)moves or interferes with any military equipment or materials;

(e)fails to comply with a direction given by a person mentioned in byelaw 6(1) who is acting for a military purpose, without reasonable excuse;

(f)damages any wall, fence or structure;

(g)moves, damages or defaces a sign or notice;

(h)acts in a way likely to cause alarm or distress to another person, without reasonable excuse;

(i)acts in a way likely to cause annoyance, nuisance or injury to another person, without reasonable excuse;

(j)comply with any direction as to the use of a motor vehicle or pedal cycle given by a person mentioned in byelaw 6(1) who is acting for a military purpose;

(k)rides a pedal cycle or drives a motor vehicle without due care and attention;

(l)fails to use appropriate lights when driving during the hours of darkness;

(m)parks or leaves a vehicle otherwise that in a place designated for parking;

(n)fails to comply with a sign or notice that imposes a prohibition or restriction.

(5) For the purposes of this byelaw—

“appropriate lights” means lamps required to be fitted and used when that vehicle is used on a public highway during the hours of darkness in accordance with the Road Vehicles Lighting Regulations 1989(1);

“hours of darkness” means the time between half an hour after sunset and half an hour before sunrise.

(1)

S.I. 1989/1796. Relevant amending instruments are S.I. 1994/2280, 1996/3016, 2005/2559, 2009/3220.