43. Penalty for dangerous flying

Where an aircraft is flown in such a manner as to be the cause of unnecessary danger to any person or property on land or water, the pilot or the person in charge of the aircraft, and also the owner of the aircraft, unless he, she or it proves to the satisfaction of the court that the aircraft was so flown without his, her or its actual fault or privity, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.

For the purposes of this section, “owner” in relation to an aircraft includes any person by whom the aircraft is hired at the time of the offence.

This section is in addition to and not in derogation of any provisions made by the Minister under the powers conferred by section 8 or by the Authority under the powers conferred by section 9.[10