Commentary First Group of Parts – Discipline Ships and aircraft Section 35: Annoyance by flying
107.This section is intended to prevent flying which is excessively intrusive or otherwise likely to annoy members of the public. It is an offence if service personnel fly an aircraft so as to annoy or be likely to annoy any person, unless they cannot reasonably avoid flying the aircraft in that particular way. The offence is committed regardless of whether the person flying intends to cause annoyance, or is reckless or negligent. As under section 34, if the flying in question is carried out on the orders of a person who is not actually flying, it is the person in command who commits the offence.
108.This offence is not punishable with imprisonment or dismissal with disgrace. The penalties set out in rows 3 to 12 of the table in section 164 may be imposed.