(1) Without prejudice to subsection (2), if in relation to an aircraft there is a contravention of a provision of this Act or an instrument to which this section applies, the operator of the aircraft (not being the State) and the pilot in command thereof shall be deemed to have contravened the provision or instrument, as the case may be.

(2) A person who contravenes or is deemed to have contravened an instrument to which this section applies or fails to comply with a condition thereof shall be guilty of an offence.

(3)

(a) Paragraph (b) applies to a person guilty of -

(i) an offence under section 31, 32 or 33, or

(ii) an offence under subsection (2) (other than such an offence consisting of a contravention of regulations made under section 40(4)).

(b) The person shall be liable -

(i) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months or to both, or