Originally Posted by Poly
...OK I'll help you out one of them is often prosecuted under Section 89 of the Road Traffic Regulation Act 1984 - can you clarify which offence you think someone might be committing for the other one?
Unless I'm mistaken a rocket is a firearm which is exempt from licencing. I'd be surprised (but haven't checked) if the exemption doesn't in some way state its exempt when intended as a distress signal. When you decide to fire it for entertainment that may well change the game!
Even if the firearms regs don't apply (and I'm less certain they do to handheld red /smoke), they could easily have you on a public nusience charge I'd expect? Reality they are likely to have some strong words with you and tell you not to do it again. Argue back, tell them its not illegal or ignore them and pop another off then I'd say expect to be explaining to the custody sargent in the morning what you did... Public nusience has been used previously for malicious phone calls to 999 despite there being specific legislation in the telecomunications act.
If ya wanna give it a go I'm happy to call the police for you and test the water to see what they prosecute you for ::;-)::
I could even be convinced that "The Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1996" could apply - nothing in them says the vessel needs to be afloat, nor that the master of the vessel needs to be with the vessel... perhaps something in the wider Merchant Shipping legislation would say it can't apply. And if none of that applies then does the Fireworks Act 2004 apply? As a flare will not be tested to comply with BS 7114, it could be considered a class 4 firework. I'm sure I read a firework is meant to provide entertainment. I'd suggest the reason its being fired during a fireworks night it may be being used for entertainment. Normal members of the public can't possess class 4 fireworks.