PAGENO="0001" W zi/i ~ (~`~ 87th Congress } COMMITTEE PRINT AIR LAWS AND TREATIES OF THE WORLD AN ANNOTATED COMPILATION PREPARED FOR THE COMMITTEE ON SCIENCE AND ASTRONAUTICS U.S. HOUSE OF REPRESENTATIVES EIGHTY-SEVENTH CONGRESS FIRST SESSION w MAY 11, 1961 Printed for the use of the Committee on Science and Astronautics U.S. GOVERNMENT PRINTING OFFICE 67717 WASHINGTON: 1961 I PAGENO="0002" COMMITTEE ON SCIENCE AND ASTRONAUTICS OVERTON BROOKS, Louisiana, C?isirman GEORGE P. MILLER, California OLIN E. TEAGUE, Texas VICTOR L. ANFIJSO, New York JOSEPH E. KARTH, Minnesota KEN HECHLER, West Virginia EMILIO Q. DADDARIO, Connecticut WALTER H. MOELLER, Ohio DAVID S. KING, Utah THOMAS C. MORRIS, New Mexico BOB CASEY, Texas WILLIAM J. RANDALL, Missouri JOHN W. DAVIS, Georgia WILLIAM F. RYAN, New York JAMES C. CORMAN, California CHARLES F. DUCANDER, Executive Director and Chief Counsel Dr. CHARLES S. SHELDON II, Technical Director SPENCER M. BERESFORD, Special Counsel PHILIP B. YEAGEII, Special Consultant JOHN A. CARSTARPHEN, Jr., Chief Clerk FRANK R. HAMMILL, Jr., Counsel RICHARD P. HINES, Staff COnsultant HOWARD I. SILBERSTEIN, Staff Consultant RAYMOND WILCOVE, Staff Gbnsultant C. Otis Finch, Assistant Clerk II JOSEPH i,y MARTIN, JR., Massachusetts JAMES G. FULTON, Pennsylvania J. EDGAR CHENOWETH, Colorado WILLIAM K. VAN PELT, Wisconsin PERKINS BASS, New Hampshire R. WALTER RIEHLMAN, New York JESSICA McC. WEIS, New York CHARLES A. MOSHER, Ohio RICHARD L. ROUDEBTJSH, Indiana ALPHONZO E. BELL, JR., California PAGENO="0003" CONTENTS Page Letter of transmittal y Afghanistan 1 Argentina 5 Australia 31 Austria 218 Belgium 259 Brazil 268 Bu1garia~. 295 Canada 305 France 409 Germany 450 Great Britain 472 India 631 Iran~~. 717 Ireland 725 Israel 865 Japan 869 Lebanon -- 922, Mexico 943 Netherlands 964 New Zealand - 984 Philippines, Republic of the 1001 Romania 1022 Saudi Arabia~. 1055 Switzerland 1078 Taiwan 1099 Thailand 1113 Union of South Africa~~ 1129 United States 1190 U.S.S.R 1305 Yugoslavia 1322 Multilateral and bilateral agreements~ 1331 III PAGENO="0004" ACKNOWLEDGMENT This report was prepared by and under the direction of Dr. William S. Strauss. His task was greatly facilitated by the governments of the various countries that provided necessary materials, and by the many persons who freely gave of their time for translating and otherwise assisting in the completion of this report. Iv PAGENO="0005" LETTER OF TRANSMITTAL MAY 11, 1961. Hon. OVERTON BROOKS, Chairman, Committee on Science and Astronantics, How~e of Representatives, Washington, D.C. Di3i~&R MR. CHAIRMAN: We have long been living in a shrinking world; now we are living in a shrinking universe. Outer space has been penetrated too recently for the development of international rules for its use. Aircraft, however, cross continents in a few hours and at altitudes thought impossible not many years ago. In spite of these technical advances, the rules for flight in the air-from which rules for the use of outer space will largely evolve-have not yet been assembled in one place and one language. There is forwarded herewith for committee consideration a report entitled "Air Laws and Treaties of the World"-a compilation in Eng- lish of the pertinent air laws and space laws of most of the principal nations, together with multilateral aviation treaties and agreements. This report will fill a great and immediate need in the field of avi- ation law. Furthermore, there is a close technical, and hence legal, relationship between navigation in the air space and that in outer space. Indeed, air space and outer space are inseparable. The Con- gress recognized this relationship in the National Aeronautics and Space Act of 1958, which authorizes the National Aeronautics and Space Administration to deal with problems "involved in the utiliza- tion of aeronautical and space activities." In the "Survey of Space Law" (H. Doc. No. 89, 86th Cong.) , issued by the Committee on Science and Astronautics, the following questions were raised as to common legal problems in air and space activities: 1. What is the legal boundary between air space and outer space? 2. Do present international conventions for the regulation of civil aviation apply to space flight? 3. What is the relation to space flight of national aviation laws? 4. How can international agreement be reached on space jurisdic- tion and other basic matters of definition and classification? 5. What legal liabilities arise from injury or damage caused by space vehicles? 6. What provisions should be made for the ownership and com- mercial use of space resources and the legal incidents of space travel? It is believed that the publication of national and international flight rules in a single language and a single document will promote the general knowledge and understanding of the air laws of other countries, encourage the adoption of more uniform laws, and even- tually assist in accomplishing an international agreement on the peace- ful uses of outer space. V PAGENO="0006" LETTER OF TRANSMITTAL This compilation, which was done as a public service on the con- tributors' own time, was prepared by Dr. William S. Strauss, As- sistant to the General Counsel, Library of Congress, as editor-in- chief and compiler, with Mr. Spencer M. Beresford, Special Counsel, Committee on Science and Astronautics, U.S. House of Representa- tives, as executive editor, and Mr. Charles Biondi, Administrative Assistant to the Chairman, Civil Aeronautics Board, as assistant editor. Translations of the air laws of the countries indicated were made by the following persons: Cho, Sung Yoon (Japan), Law Library, Library of Congress Chokel, Bogomir (Yugoslavia), General Reference and Bib- liography Division, Library of Congress Esparolini, Rarnon (Argentina, Brazil), attorney at law, Wash- ington~ D.C. Gheorghiu, Raoul (Romania), Washington, D.C. Gjupanovich, Fran (Yugoslavia.), Law Library, Library of Congress Ho, Pei Shih (Taiwan), Law Library, Library of Congress Rusis, Armins (U.S.S.R.), Law Library, Library of Congress Sipkov, Ivan (Bulgaria), Law Library, Library of Congress Stoicoiu, Virgiliu (iRomania), Law Library, Library of Congress Strauss, William S. (Austria, Belgium, France, Germany, Mex- ico, Switzerland) The project, while in progress; was encouraged and supported by the aviation law committee of the Federal Bar Association and by the directors of the foundation of the Federal Bar Association. Sincerely yours, CHARLES F. DUCANDER, Erecutive Director and Chief Couiwel. PAGENO="0007" AIR LAWS AND TREATIES OF THE WORLD AFGHANISTAN. CIVIL AvI~rIoN ACT OF AFGHANISTAN or AUGUST 12, 1956, ~s A&tzNDED TO NOVEMBER 2, 1957 1 CHAPTER ONE-GENERAL AIMS ARTICLE I. The Royal Government of Afghanistan, considering: 1. The country's need of having a law for the regulation and control of Civil Aviation in the national interest, 2. The need to create an efficient, relatively autonomous or- ganization for the administration of civil aviation. 3. The need to discharge this country's obligation under the international agreements and treaties to which Afghanistan is or may become a party, and particularly under the convention on International Civil Aviation opened for signature at Chicago on December 7, 1944, Decrees the following: CHAPTER TWO-REGULATION AND CONTROL OF CIVIL AVIATION ARTICLE II. Afghanistan retains complete and exclusive soy-. ereignty over the airspace above its territory. ARTICLE III. An Afghan aircraft or of a foreign country, member of the ICAO, is free to fly in Afghanistan provided it complies with the requirements of the Convention on Civil Aviation; any other foreign aircraft must have moreover, the authorization of the De- partment of Civil Aviation. ARTICLE IV. An aircraft may exercise a commercial activity as long as it complies with the laws and regulations of the country and provided that prior specific authorization in accordance with the article (10) has been obtained from Afghan civil aviation authorities. ARTICLE V. Subject to approval by the Government, the Depart- ment of Civil Aviation may, for reasons of military necessity or pub- lic safety, prohibit or restrict uniformly the flight of any aircraft over certain areas of Afghan territory. ARTICLE VI. An aircraft can obtain Afghan nationality when it is registered in the Aircraft Register. The conditions for registra- tion are as follows: a. The aircraft must not be registered in any other country and if previously registered in any other country, the former registration must be cancelled. 1English text supplied by the Royal Afghan Government. 1 PAGENO="0008" 2 AIR LAWS AND TREATIES OF THE WORLD b. The aircraft must belong to the Afghan Government or its nationals, foreign residents in Afghanistan, or a company or cor- poration registered in accordance with the regulations in Afghanistan. ARTICLE VII. An aircraft registered in the Aircraft Register may be flown, provided it has a valid certificate of airworthiness. ARTICLE VIII. No person may pilot an aircraft, or participate in operating the aircraft as a member of the crew, or act as flying in- structor, unless he holds an appropriate license. ARTICLE IX. The Department of Civil Aviation may, in cases of contravention with article 8, revoke or temporarily suspend a per- mit, or license granted by it, or limit the rights contained therein, irrespective of penal proceeding. ARTICLE X. Any person, physical or legal, desiring to undertake commercial air transportation must obtain an operating certificate from the Department of Civil Aviation. * ARTICLE XI. When any of the conditions necessary for the issue of an operating license no longer exist, or the holder of such certificate fails to comply with any of its provisions, the Department of Civil Aviation may revoke or temporarily suspend the operating certificate, or limit the rights granted therein. ARTICLE XII. The importation of aircraft, engines, spare parts, all ground equipment, with regard to the objective of encouraging the development of civil aviation will be free from custom and other duties. ARTICLE XIII. As a legal body, the Department of Civil Aviation can buy any kind of stable property in accordance with the Property Act, if it is necessary for the development of the civil aviation or the executing of its aims. ARTICLE XIV. The Government may, upon the proposal of the Department of Civil Aviation, prohibit the construction of any build- ing within a specified distance from the limits of an airport or air- navigation facility, if the construction of this building would create danger to aircraft in flight. If such a building or obstacle existed prior to the enforcement of the present Act, the Government may remove or restrict it. Com- pensation for such damage must be made by the D.G. of C.A. [Direc- tor General of Civil Aviation]. The Department of Civil Aviation may use any public or private property either land, building or structure, for installation of air- navigation facilities necessary for the safety of flight, and has the right of entry to the said land, building or structure for the purpose. of installing, operating or maintaining the said facilities. If, as a result of the installation, operation or maintenance of the said facili- ties, any inconvenience is caused, compensation for such inconvenience must be made by the Department of Civil Aviation. CHAPTER THREE-THE DEPARTMENT OF CIVIL AVIATION ARTICLE XV. There shall be a Director General of Civil Aviation. who shall head the Department of Civil Aviation, and who shall have responsibility for the administration of civil aviation, in Afghan- istan. PAGENO="0009" AIR LAWS AND TREATIES OF THE WORLD The Director General of Civil Aviation under general control of the Prime Minister or such Minister as may be designated by the Gov- ernment is authorized to: a. Organize air routes so that the country may benefit from the advantages of air transportation, establish such airports as are needed and provide air-navigation facilities and ground services necessary for the safe, regular, efficient and economical operation of civil aircraft into or over the territory of. Afghanistan. b. Foster air services with foreign countries for the purpose of developing and strengthening the economic and cultural re- lations of Afghanistan with those countries and negotiate ap- propriate agreements. c. Encourage air transport organizations in order to provide for the needs of external and internal air transportation of pas- sengers, cargo and mail. d. Foster any other civil aviation activities. e. Collect or arrange for the collection of charges for the use of airports, air-navigation facilities and ground services in ac- cordance with the established regulations. f. Supervise civil aviation activities according to the Civil Aviation Act and regulations in force. g. Establish, collect or arrange for collection of fees in ac- cordance with the Regulations, for the licenses, certificates and other documents. h. Organize and sponsor training of Afghan nationals in dif- ferent fields of civil aviation services. i. Prepare and administer the annual and investment budgets for Civil Aviation. j. Participate in the International Civil Aviation Organization and attend international aviation conferences with the approval of the Government. k. Issue the regulations concerning different aspects of civil aviation activities and related to: 1. Flights of Afghan and foreign aircraft in or over Afghanistan. 2. Safety of flights. 3. Air traffic. 4. Procedures for air navigation. 5. Airports. 6. Health. 7. Customs procedures for aircraft entering or departing Afghanistan. 8. Aircraft documents. 9. Registration of aircraft. 10. Training of aviation personnel. 11. Training institutions. 12. Factories and maintenance. 13. Air transport. 14. Aircraft in distress. 15. Investigation of accidents. 16. Telecemmunication. 17. Suspension or revocation of permits, certificates or licenses~ PAGENO="0010" 4 AIR LAWS AND TREATIES OF THE WORLD 18. Detention of aircraft, and, having regard to the best practices, any other regulations needed for development of civil aviation and its proper control. CHAPTER FOUR-CIVIL AVIATION COUNCIL ARTICLE XVI. There shall be a Civil Aviation Council which shall be the highest authority to advise the Government in all civil avia- tion matters, and which shall particularly: a. Advise the Government in civil aviation policy matters: b. Submit international agreement for ratification; c. Advise the Government on civil aviation administration and investment budgets; d. Interpret the civil aviation laws and rules, regulations and orders; especially in eventual disputes between the Department of Civil Aviation and other parties; The Civil Aviation Council shall consist of five members appointed by the Government from Ministries interested in civil aviation and from persons especially qualified by knowledge and experience. The chairman and vice-chairman of the Council shall be nominated by the Government. A quorum of three, including either chair- or vice-chairman shall be needed for lawful decisions. Decisions shall be taken by a majority of votes. If the votes are equally divided, the acting chairman shall have a second vote. The Director of the Civil Aviation shall act as a secretary to the Civil Aviation Council. The Council meeting will be called by the acting chairman at least once every three months. ARTICLE XVII. By the judgment of the court the following persons shall be subject to a fine of not less than 1,000 Afs. [Afghanis] and of not more than 10,000 Afs. [Afghanis] or to imprisonment of not * less than two months and not more than six months or to both. a. Any person who engages in commercial air transportation without an operating certificate; b. Any person who pilots an aircraft or, as a member of the crew, participates or assists in any way in operating an aircraft, or who acts as a flying instructor without the appropriate license. c. Any person who pilots an aircraft without* a certificate of airworthiness or with one the validity of which has expired. ARTICLE XVIII. If the offenses mentioned in Article XVII result in injury or death, the offender may also be subject to penalty laid down for a crime. ARTICLE XIX. For minor infringements of this Act, rules or regu- lations, the Director General of Civil Aviation can impose a discipli- nary fine not exceeding Afghanis 1,000. 20 Assacl 1335 12 August 1956 * AMENDMENT TO THE CIVIL AVIATION ACT The sentence "Director General of Civil Aviation" stated in articles (15-16 and 19) of the Civil A.viation Act has been amended to "Presi- dent of Civil Aviation". PAGENO="0011" ARGENTINA Piu~I4IMINA1~Y Prior to the enactment of the Aviation Code of July 15, 1954, air law in Argentina was regulated by a multitude of laws, decrees, and ordinances. The basic law was the decree of September 4, 1925, which, although passed "to bridge the gap until an Argentine law concern- ing air traffic is enacted" remained in effect until 1954. The regula- tion of July 30, 1926, concerning flight and landing rules on Argen- tine territory was amended more than 60 times-which made it almost impossible to get a clear view of the legal situation. These, and a number of other decrees and regulations have been superseded by the code of 1954. This code (Law No. 14,307, entitled "Aeronautical Code of the Argentine Republic"), apparently has not been amended since its enactment. However, in 1957 a special commission for the study of possible modifications in the code held meetings (ending on October 25, 1957) and may eventually present proposals for amending the code. The Argentine Government recently has promulgated several de- crees in regard to policies concerning air traffic. The code is largely based on a draft law prepared by a commission appointed by a resolution of June 26, 1935, of the Ministry of the Interior. Article 3 of this draft law enunciated Argentine's sover- eignty over the airspace above the country, but the Argentine Insti- tute of Air Law, in preparing this code, considered it better legis- lative technique not expressly to state the principle of air sovereignty; since both the Paris convention of 1919 (art. 1) and the Chicago con- vention of 144 (art. 1) recognize that each state has complete and exclusive sovereignty over the airspace above its territory, and since Argentina adhered to both conventions, it was held unnecessary to re- affirm "a right which nobody denies." Article 3 of the Aviation Code permits free aerial navigation except as specifically limited by the code. It should be noted that the French Air Code of 1955 (art. 17) and the West German Air Law of 1959 (art. 1) also grant free- dom of the air, subject to specific limitations and conditions and, insofar as foreign aircraft are concerned, subject to reciprocity under multilateral or bilateral agreements. The British Civil Aviation Act, 1949 (sec. 8) merely states that the act gives effect to the Chicago Convention subject to compliance with the conditions set forth in the act. Section 104 of the Federal Aviation Act of 1958 also recognizes a public right of freedom of transit through the navigable airspace of the United States. 5 PAGENO="0012" TABLE OF CONTENTS Article Title I. General provisions 1-2 Title II. Provisions pertaining to navigation in the air 3-22 Title III. Ground organization: Chapter 1. Airdromes 23-29 Chapter II. Limitation on property rights 30-34 Title IV. Aircraft: Chapter I. Definition 35 Chapter IL. Classification 36 Chapter III. National register of aircraft 37-41 Chapter IV. Requirements for ownership in an Argentine aircraft_ 42-45 Chapter V. Nationality 46 Chapter VI. Markings 47 Chapter VII. Ownership modifications, and transfers 48-50 Chapter VIII. Mortgages and creditors' rights 51-55 Chapter IX. Operation 56-63 Chapter X. Attachment 64-66 Chapter XI. Industries 67-70 Title V. Flight personnel 71-88 Title VI. Flight operations: Chapter I. Documents pertaining to national aircraft 89-91 Chapter IL Documents pertaining to foreign aircraft 92-93 Title VII. Air transportation: Chapter I. Air transportation in general 94-95 Chapter II. International air transportation 96-97 Title VIII. Operation of air services: Chapter I. Scheduled air transportation services 98-100 Chapter II. Unscheduled air transportation services 101-105 Chapter III. Transportation of passengers 106-111 Chapter IV. Transportation of baggage 112-114 Chapter V. Transportation of goods 115-120 Chapter VI. Transportation of mail 121-124 Title IX. Search, aid and rescue 125-133 Title X. Liability: Chapter I. Damages sustained by passengers or goods being trans- ported 134-148 Chapter II. Damages caused to third parties on the ground 149-155 Chapter III. Damages sustained when the transportation is gratui- tous 150 1~8 Chapter IV. Damages to persons and property aboard in case of a midair collision 159-163 Chapter V. Damages to third parties on the ground in the case of midair collision 164-168 Title XI. Insurance 169-174 Title XII. Inspection 175 Title XIII. Forfeiture 176-178 Title XIV. Statute of limitations 179-181 Title XV. Jurisdiction, powers, and applicable law 182-189 Title XVI. Violations and penalties: Chapter I. Violations 190-193 Chapter II. Criminal offenses 194-198 Title XVII. Police and procedures 199-205 Title XVIII. Miscellaneous provisions 206-211 6 PAGENO="0013" ARGENTINA AVIATION CODE OF ARGENTINA,' PROMULGATED AUGUST 4, 1954 TITLE I-GENERAL PROVISIONS Article 1. This Code shall govern civil aviation within the territory of the republic of Argentina and the space over it as circumscribed by vertical lines at its perimeter. For the purposes of this Code, the term "civil aviation" shall mean all those activities which directly or indirectly entail the use of air- craft, excluding military aircraft and aircraft of the customs and the police. `With respect to national military aircraft, only the provisions per- taining to air navigation as well as the regulations which the aeronau- tics authority may issue therefor, shall apply. However, when, because of their special operations, such aircraft have to depart from these provisions, they shall inform the competent authority in ad- vance in order that the proper safety measures may be taken. Article 2. For the purposes of this Code, the term "territory" shall include bodies of water under the jurisdiction of the State. Provisions pertaining to the landing of aircraft on land shall apply equally to landing on water. TITLE Il-PROVISIONS PERTAINING TO NAVIGATION IN TIlE AIR Article 3. The takeoff, flight, and landing of aircraft shall be per~ mitted within the national territory except as limited in this Code. Article 4. No person may oppose the passage of an aircraft by rea- son of any property right. If damage should result such person shall be entitled to compensation. Article 5. In the event of war or internal disturbance, or when the public welfare is deemed endangered, the Executive shall have tIle power to prohibit or limit navigation in the air over the territory of Argentina with respect to all or a particular type of aircraft. * Article 6. Flight over specified areas of Argentine territqry may be prohibited or limited for military reasons, in the interest of the public welfare, or for other analogous reasons. Article 7. The Executive shall have power to forbid, or place con- *ditions upon, the transportation of: a) explosives; b) arms and am- munition of war; c) photographic equipment; d) other articles or substances which may be enumerated. In no event shall permission be granted for the transport of ex- *piosives or ammunition of war in aircraft transporting passengers. 1 Law No. 14,307, passed July 15, 1954, sanctIoning the Code: (published in Boletin Oficial, Aug. 18, 1954), also published with official annotations (referring to relation of the Code with other laws, explanatory of terminology and giving references to appli- cable international conventionsj in the series "Codigos y Leyes Usuales de in Republica Argentina" under the title "Codigo Aeronautico de la Nacion Argentina" by Lajouane Editores, Buenos Aires (1954). * 7 PAGENO="0014" 8 AIR LAWS AND TREATIES OF THE WORLD Article 8. Aircraft shall have radio communications equipment, for which the proper license must be issued by the competent author- ity. The Executive shall make a determination with respect to air- craft which may be excepted therefrom. Article 9. No aircraft may fly over populated areas at an altitude less than that established by the competent authority. Article 10. Except in emergencies, nothing my be dropped from an aircraft which may cause injury to persons or damage to property on the ground. Article 11. Foreign aircraft may enter the country only at an international airport and over an air route designated for that pur- pose. Foreign state aircraft may do so only with the authorization of the Executive obtained in advance in the manner set forth in Article 68, clause 24, of the National Constitution. Article 12. The competent authority shall have the power to carry out the inspection of persons, of aircraft, of the crew on an aircraft, and of articles being transported, before takeoff, while in flight, upon landing or while the aircraft is parked on an airdrome, and to take the necessary measures for the safety of the flight. Article 13. In regard to the national and international air routes established in this country, there shall be established and maintained flight control services, meterological services, radio communications services, and ground aids to air navigation. Article 14. The services of flight control, meteorology and radio communications shall be furnished exclusively by the national Government. Article 15. The Executive shall have the power to make arrange- ments with adjacent countries for common services of flight control, meteorology, and radio communications. Article 16. Aircraft which have been repaired or which have undergone modification, shall not make flights without first being inspected and relicensed by the competent authority. Article 17. Aircraft departing from the territory of Argentina may do so only from an international airport or from an airdrome especially designated by the competent authority where the formalities of inspection may be carried out. The same requirements shall apply to flights arriving from abroad. Article 18. Aircraft arriving from abroad or departing from the territory of Argentina shall clear the frontier over pre-established points and follow designated air routes. Except in the case of force majeure, such aircraft may not land on an airport within the geo- graphic* borders before or after complying with the inspection requirements. Article 19. Private aircraft not engaged as public passenger or cargo carriers may be excepted specifically and individually from having to depart and land on an international airport. In such case they shall do, so on other airdromes designated in advance by the competent authority and they shall follow the air route indicated by such authority. Article 20 When an aircraft has landed outside of an international airport [aerodrömo de frontera] or one of the type indicated in the preceding article, the persons in charge of the aircraft shall im- mediately communicate with the nearest authority. PAGENO="0015" AIR LAWS AND TREATIES OF THE WORLD 9 Article 21. The person responsible for the aircraft shall not permit the removal of the aircraft except in cases of necessity to assure its safety and under such circumstances as the competent authority may determine. Article 22. Aircraft that have a permit to cross in transit over the national territory shall not be subject to the requirements of frontier inspection. They shall follow the designated air route and shall observe the applicable flight rules. In the event of an emergency landing, the procedures set forth in Artic~es 20 and 21 shall apply. TITLE Ill-GROUND ORGANIZATION Chapter I-Airdromes Article 23. Airdromes may be public or private. Airdromes shall be deemed public when they are open to public use; all others shall be deemed private. The character of the entity which owns the real property shall not determine whether an airdrome is public or private. Article 24. Public airdromes intended for aircraft flying over international routes shall be designated as airdromes for international use. Air~dromes for international use that have health service, customs, immigration and other inspectors shall be known as international airports. Article 25. Every airdrome shall be certified by the competent authority which will establish the conditions for its operation. Article 26. Aircraft shall take off from, or land on public or private airdromes. This obligation shall not obtain in the case of force in-tajeure or in cases involving public aircraft carrying out their duties or in the cases of aid or rescue work, or aircraft in health service work. Article 27. Private aircraft not engaged as public carriers of pas- sengers or goods and those transporting mail exclusively, may be excused from the obligation imposed by the preceding article. Article 28. Except in the case of force majeure, no aircraft may land on private airdromes without authorization from the owner. The landing of aircraft on private property, whether airdromes or not, shall not entitle the owner to prevent the continuation of the flight. The owner shall be required to report the landing to the proper regulating authority giving the registration of the aircraft and the name and address of its owner and of the person in charge of it. Article 29. Adequate space required to fulfill the needs of aviation facilities shall be made available for public airfields. The competent authority shall determine or approve, as the case may be, the price of the property and the payments therefor in the manner set forth in the pertinent provisions of law. Chapter II-Limitatio~s on property rights Article 30. Private property necessary for the installation of air- dromes and their improvements, and for airports already established and their supporting facilities, is hereby considered of public use and subject to expropriation. As supporting Tacilities are considered all the elements necessary to set up ground aid units such as beacons, signal systems, radio corn- PAGENO="0016" 10 AIR LAWS AND TREATIES OF THE WORLD munications and meteorological aids and such others as are necessary or useful for air navigation. Article 31. The agency invested by the Executive with the power of holding expropriation hearings when called for such purpose, shall make settlements directly with the property owners, observing in all cases the principles applicable under the general rules of law per- tairnng to seizures under the power of eminent domain. Article 32. If at the time the establishment or operation of an airdrome is authorized there are near it buildings, structures, or other works of whatever nature which might render difficult the arrival or departure of aircraft, the competent authority shall be empowered to order them demolished or removed completely or partially, provided the property has been expropriated or purchased as set forth in the previous article. Article 33. In the area immediately adjoining an airport, no struc- ture, construction or other work of any sort may be erected if this would render difficult the departure or arrival of aircraft, unless prior authorization is obtained from the competent authority. The same agency shall be empowered to order the demolition or removal of buildings, structures or works erected in violation of the terms of this article and if necessary to resort to judicial interven- tion, and no right of compensation shall arise therefrom. Article 34. It shall be required throughout the territory of the Republic that any obstacles which, in the opinion of the competent authority, constitute a danger to aviation be marked by appropriate markings or lights and that the costs of installing and maintaining such devices devolveupon the owner of the structure involved. Such warning devices shall be set up in accordance with the regulations promulgated by the competent authority. TITLE IV-AIRORAFT Chapter I-Definition Article 3~. Aircraft shall be deemed to be any devices or machines which are capable of circulating in the air and which are suitable for the transportation of persons or goods. Chapter Il-Classification Article 36. Aircraft shall be deemed to be either public or private. Aircraft are public aircraft when they serve for use by the govern- ing authorities, such as the military, police, and customs. Other air~ craft are private even when owned by the state. chapter Ill-National Register of Aircraft Article 37. Aircraft shall be registered in a national register estab- lished for that purpose. Engines, propellers, parts and accessories may be registered in a special register. Article 38. The following shall be registered in the national register of aircraft: 1. All documents, instruments, contracts, or resolutions which manifest the ownership, transfer, alteration, or destruction of * aircraft; * 2. Incumbrances or restraints imposed on aircraft or which may be decreed against them; PAGENO="0017" AIR LAWS AND TREATIES OF THE WORLD 11 3. Registration papers with sufficiently detailed information to identify aircraft and certificates of airworthiness; 4. The grounding, disablement, or loss of an aircraft, sub- stantial alterations, and partial or total remodeling of an air- craft; 5. Contracts for the operation of an aircraft; 6. Amendments to a corporate charter or partnership agree- ment, and the name, residence, and nationality of the directors or managers and executives of enterprises owning Argentine aircraft; 7. In general, any document which may have legal significance or which may affect, or bear reference to, an aircraft. Article 39. After an aircraft has been registered in the register, all prior registrations shall be deemed cancelled, but without affecting the validity of legal rights relative to the obligations of the owner. Article 40. The competent authority shall determine the items which are to be set forth in the registration of an aircraft and the procedure for its registration and cancellation thereof. Article 41. The national register of aircraft shall be open to the public. Any interested person may obtain a certified copy of all entries in that register by requesting it from the authority in charge thereof. Chapter 1 V-Requirements for Ownership in an Argentine Aircraft Article 42. In order to be owner of an Argentine aircraft a natural person must be domiciled in the republic of Argentina. Article 43. If an aircraft is owned by several coowners, the major- ity, owning in excess of one-half of the value of the aircraft must be domiciled in the republic of Argentina. Article 44. If an aircraft is ownedby a company, one more than one- half of the owners representing at least a majority of the capital and subject to joint liability must be domiciled in Argentina and the company must have its real and effective main office in the republic of Argentina. Article 45. If an aircraft is owned by a corporation, the chairman of the board of directors, the person who carries out the functions of manager of the corporation, and at least two-thirds of the directors or administrators must be Argentine nationals and such company must have its real and effective main office and be controlled within the republic of Argentina. Chapter V-Nationality Art.icle 46. Registration of an aircraft in the register shall confer Argentine nationality upon it. Aircraft registered in Argentina shall lose their nationality if, for any reason, there is a failure to meet the conditions set forth in the preceding chapter, or if they are registered in a foreign country. Chapter VI-Maricings Article 47. Every aircraft shall display distinctive markings in- dicating its nationality and registration. The markings of an aircraft engaged in police, customs, or health service, shall have distinctive characteristics which will facilitate its identification. 67717-61---2 PAGENO="0018" 12 Alit LAWS AND TREATIES OF THE WORLD Chapter VIZ-Ownership, Modifications, and Transfers Article 48. Aircraft within the scope of this Code shall be con- sidered personal property; any transaction pertaining to aircraft shall be made by a public or private instrument and duly authenticated. Article 49. The transfer of title to aircraft, as well as any other legal act with reference to them and provided for in Article 38, may not be perfected by the immediate parties, and shall not be binding upon third parties unless followed by registration in the national register of aircraft. Article 50. In order that the transactions and contracts mentioned in paragraphs 1, 2, and 5 of Article 38 which have been executed in a foreign country may be of force and effect in the republic of Argen- tina, they must be executed by a notarized instrument in writing or before a consular representative of Argentina who shall register the document in question and shall forward a record to the proper authorities. Chapter VIII-Mortgages and Creditors' Rights Article 51. Aircraft may be mortgaged in whole or in part even when they are in process of construction. A mortgage shall be created by public or private instrument in writing, properly notarized, and shall be recorded in the national register of aircraft. Such recordation shall entitle the mortgagee to preference over other creditors in the order of recordation. Article 52. A mortgage shall extend to coverage by insurance for loss of, or damage to the aircraft and to compensation to the owner for damage done to by it ~y third parties. Article 53. The following rights shall have preference over the mortgagee's rights in the order rated: 1. Amounts due for lawful expenses which benefit the mort- gagee; 2. Amounts due to the State for taxes and fees for `use of air- ports or for services which are a part or in aid of air navigation; 3. Amounts due for salvage of the aircraft; 4. Amounts due for provisioning and repair of the aircraft made at a place other than that of its destination to enable it to continue on its journey; 5. Wages of the crew for the last trip. Article 54. A mortgage shall lapse three years from the date of its recordation unless renewed. Article 55. The provisions pertaining to mortgages on sea vessels shall apply to aircraft, unless they are in conflict with this Code. Chapter 1K-Operation Article 56. The use of an aircraft may be contracted for one or more trips, for `a fixed period of time, or according to the number of kilo- meters flown. Article 57. The crew of an aircraft, absent any agreement to the contrary, shall be subject to the control and charge of the owner of the aircraft. ` Article 58. In the case where the operator' of an aircraft undertakes to provision the aircraft and to furnish its `crew, the obligation of the owner shall be limited to delivering the `aircraft at the time and place agreed upon, after obtaining the necessary flight papers. PAGENO="0019" AIR LAWS AND TREATIES OF THE WORLD 13 Operator of an aircraft, in the sense of this Code, shall be deemed to be any person who utilizes an aircraft for his own purposes, in- cluding a nonprofit undertaking. The duty of the owner shall extend to maintaining the aircraft in normal operating condition until the completion of the contract. This duty shall cease if there is negligence on the part of the operator. Article 59. The contract shall be reduced to writing, it shall be ap- proved by the proper authority and registered in the national register of aircraft. It shall not be approved if the person who is to use the aircraft fails to meet the conditions required of an owner. Article 60. IRecordation of the contract in accordance with the pro- visions of Article 58 shall relieve the owner of any liability subse- quently incurred, which shall be the sole responsibility of the other contracting party with the exception of those provided for in the reg- ulations promulgated by the competent authority, which shall be ap- plicable in all cases. Article 61. In the event that the contract is not recorded it shall be of no effect with respect to third parties, and the owner and the operator shall be jointly liable for any violation or damage that may result. Article 62. The rights and duties under the contract shall not be assignable either in whole or in part unless the contract contains an express provision to that effect. Article 63. The provisions of the Commercial Code shall apply un- less they do not relate to this Code or are incompatible with it. Chapter X-Attachment Article 64. With the exception of public aircraft, all aircraft shall be susceptible to attachment. Article 65. Upon recordation of a writ of attachment, the party in whose favor the attachment runs shall have preference over all other creditors with the exception of creditors with a superior right. Article 66. Attachment shall carry with it the grounding of the air- craft in the following circumstances: 1. When it has been ordered in execution of a judgment of a court; 2. When a loan has been granted to make the trip possible, and the aircraft is ready to depart; 3. 1,~Then there exists a claim of the seller of the aircraft for breach of the sales contract. Chapter XI-Industries Article 67. The Executive shall promote the construction of air- craft and shall encourage private enterprise tending to develop a domestic aircraft industry. Article 68. In order to fulfill the pur.pose set. forth in the preceding article, agreements of an industrial or commercial character may be concluded; or mixed organizations may be established. Article 69. In order to benefit from aid by the State, private enter- prises must be legal entities established in the country and may not depend, directly or indirectly, upon foreign organizations. Article 70. The Executive shall establish the circumstances, form, and conditions for technical and economic aid to aircraftmaintenance shops and all other similar enterprises. PAGENO="0020" 14 AIR LAWS AND TREATIES OF THE WORLD TITLE V-FLIGHT PERSONNEL Article 71. The members of the flight crew and the persons re- quired to participate in the operation of the aircraft shall have a certificate of fitness in the form to be established by the competent authority. Article 72. Any aircraft engaged as a carrier shall have on board one person to function as commander. Article 73. The appointment of the commander shall be the concern of the operator of the aircraft and he shall act as representative of the owner. Article 74. The name and special powers of the commander shall be recorded in the board papers. Article 75. The competent authority shall determine the compo- sition of the flight crew of aircraft which engages in transportation service. Article 76. The commander of an aircraft shall have disciplinary powers over the flight crew insofar as this is indispensable, for the op- eration of the aircraft and shall have authority over passengers dur- ing the flight. He shall look out for their safety and he may not absent himself from the aircraft without taking measures necessary to insure its safety. Article 77. In the event of danger, it shall be incumbent upon the commander of the aircraft to remain at his post until he has taken proper measures to save the passengers, the crew, and the property on board and to prevent damage on the ground. Article 78. Without special authorization, the commander of an aircraft shall be empowered to make purchases and incur expenses necessary for the trip and to protect baggage, goods and mail which are being transported. Article 79. The commander of an aircraft shall be under a duty to assure himself of the proper operation of the aircraft before depar- ture and of weather conditions en route, and it shall be his responsi- bility to decide whether the flight should be suspended. Article 80. The commander of an aircraft shall record in the proper books any births, deaths, marriages or last wills that may take place or be performed or executed on board and he shall forward a true copy thereof to the proper authorities. In the event of the death of a passenger or a member of the crew, he shall take the necessary steps to insure the safety of property be- longing to the deceased, delivering it with an inventory to the Argen- tine consul or, if there is none, to the representative of the owner at the place of first landing. Article 81. In the event that he. considers it unavoidable for the safety of the aircraft, and subject to the provisions of Article 10, the commander of aircraft may jettison goods and baggage during flight. If a choice is possible to him, he shall jettison things of lesser value. Article 82. Certification or validation of credentials issued by a for- eign government shall be governed by the agreements with respect to the subject matter entered into between that government and the Government of Argentina. PAGENO="0021" AIR LAWS AND TREATIES OF THE WORLD 15 If there are no agreements, the credentials may be validated or certified under the conditions that may be established by the compe- tent authority, provided there is reciprocity. Article 83. All matters pertaining to employment contracts and to compensation for accidents shall be treated in special laws. Article 84. At every airport open to public use there shall be a supervisor who exercises overall authority on the airport with respect to its operation, coordination, and internal control. To act as air- port supervisor such person shall have the proper certification issued to him by the competent authority. Article 85. At airports reserved for private use there shall be one person in charge; this function may be exercised by the owner of the airfield or by a person designated by him. He shall inform the competent authority of the name and the address of the person in charge and the date of his appointment. Article 86. The competent authority shall promulgate rules de- fining the powers and the duties of the airport supervisor, of the person in charge of an airport and of other personnel employed thereon. Article 87. The services of flight control, radio communications, weather, health, customs, immigration, security and judicial police and any other service, as well as their respective personnel, shall re- main subject to the control of the agencies in charge of such services as to their technical operations. Article 88. The Executive may completely or partially centralize the services and may devise methods for achieving maximum coordi- nation of, and cooperation from, the agencies which render these services. TITLE VI-FLIGHT OPERATIONS Chapter I-Documents Pertaining to National Aircraft Article 89. No Argentine aircraft may fly over the national terri- tory without the certificates of registration and of airworthiness is- sued by the competent authority. Article 90. Aircraft must carry board papers as required by the competent authority in the manner specified by it, and record in them the documents and contracts mentioned in paragraphs 1, 2, & 5 of Article 38. Article 91. Aircraft engaged in passenger service must be readied for flight by qualified personneL A certificate reflecting such quali- fications filed in the manner set forth in the pertinent regulations must be made a part of the board papers. No aircraft may depart on a flight without the commander filing his flight plan in accordance with the manner set forth in regulations pro- mulgated by the competent authority. Chapter lI-Documents Pertaining to Foreign Aircraft Article 92. In order to fly over and land on Argentine territory, foreign aircraft must have certificates of registration and airworthi- ness, board papers, and a license for the radio equipment, respectively. Article 93. Aircraft of foreign states must abide by the agreements entered into with respect to these matters between those states and the Government of Argentina. PAGENO="0022" 16 A~ LAWS AND TREATIES OF THE WORLD TITLE VU-AIR TRANSPORTATION Chapter I-Air Transportation in General Article 94. Air transportation of passengers and goods shall be subject to the provisions of this Code and of the Commercial Code and the special laws relating to transportation, insofar as they are appli- cable and are not in conflict with the provisions of this Code. Article 95. A permit to operate air lines carries with it the right to do so in combination with other established lines or other means of transportation. Agreements and contracts of combinations of air lines or other means of transportation shall be subject to the approval of the Executive. Chapter lI-International Air Transportation Article 96. Transportation by aircraft between the republic of Ar- gentina and a foreign state or between points in the republic of Argen- tina with intermediate landings in a foreign state shall be considered international air transportation. Article 97. For purposes of the immigration laws, passengers on aircraft shall be deemed on a par with passengers on a sea vessel. The competent authority shall make regulations and establish the proce- dure to be followed respecting passengers, their baggage and goods that cross the border on aircraft. TITLE VIU-OPERATION OF AIR SERVICES Chapter I-Scheduled Air Transportation Services Article 98. The establishment and operation of scheduled air trans- portation services, either domestic or international, shall be exclusively in the hands of the State, which may make partial use of privately owned facilities as the Executive may deem convenient. Article 99. Foreign aircraft may carry on international air trans- portation services in accordance with the terms of international con- ventions or agreements to which Argentina is a party or with prior authorization from the Executive. Article 100. Foreign aircraft shall not be permitted to take on pas- sengers, mail, or freight in the republic of Argentina for transportation to another point in the country unless the Executive, for exceptional reasons of public interest, deems it necessary or urgent to authorize such services by said aircraft. Such permit shall be subject to being withdrawn at will. Chapter lI-Unscheduled Air Transportation Service Article 101. Unscheduled air transportation service between two or more points within the territory of Argentina and all paid air work carried out completely within the country may only be undertaken by Argentine aircraft. Article 102. Prior authorization by the Executive shall be required for rendering such services, and the Executive may delegate this power to the competent authority. Article 103. No permit of any kind may be granted without a prior proof of the technical and financial qualifications of the operator and of his ability to make proper use of the airports, supporting facilities and flight services that are intended to be used. PAGENO="0023" AIR LAWS AND TREATIES OF THE WORLD 17 Article 104. The recipient of a permit may not transfer it. He may transfer performance of the services which he is authorized to render only if, in the judgment of the competent authority, they are per- formed in a proper manner and after there has been proof of the technical and financial qualifications of the transferee. Article 105. The Executive may subsidize the establishment and the operation of the services mentioned in Article 101. Chapter 111-Transportation of Passengers Article 106. A contract for the transportation of passengers shall be evidenced in writing. In cases of transportation of passengers by a scheduled air carrier the contract is to be evidenced by the issuance of a ticket. Article 107. Such ticket shall state: 1. the order number; 2. the place and date of issuance; 3. the point of departure and destination; 4. the name and address of the carrier. Article 108. The absence, irregularity, or loss of the ticket shall not affect the existence or validity of the carriage contract, which shall be subject to the provisions of this Code. But if the carrier accepts the passenger without issuing a ticket, he shall not be entitled to rely on any provisions which exclude or limit his liability. Article 109. In any aircraft engaged in the transportation of pas- sengers, a list of the passengers shall be kept in duplicate, one copy to be kept on board and the other to be submitted upon request to the employees of the State whose duty it is to inspect air traffic. Article 110. A carrier may not take on passengers for flights to foreign countries without prior proof that they have the papers neces- sary to disembark at the point of destination. Article 111. National air carriers shall b~ under a duty to carry on their aircraft free of charge an agent of the aeronautics authority who is travelling on an official inspection assignment. His seat shall be reserved at least 24 hours prior to departure time. Foreign air carriers shall be under the same duty with respect to flights within the national territory. The competent authority shall determine the type of aircraft in which, according to their official capacity, such personnel may fly. Chapter lV-Tra~sportation of Baggage Article 112.. The transportation of baggage which has been checked shall be evidenced by a baggage check issued in duplicate. It shall not include personal articles which the passenger carries with him. One copy of the baggage check shall be handed to the passenger and the other shall :be kept by the carrier. Article 113. The baggage check shall state: a) the place and date of issuance; b) the place of departure and destination; c) the name and address of the carrier; d) the number of the flight ticket; e) the weight and number of the pieces; f) the total declared value, if any; g) a statement to the effect that delivery will be made to the holder of the baggage check. PAGENO="0024" 18 AIR LAWS AND TREATIES OF THE WORLD Article 114. If the carrier accepts the baggage without giving a baggage check, or if the baggage check lacks the number of the ticket and the weight and number of the pieces of baggage, the carrier shall not be entitled to rely on the provisions of the present Code excluding or limiting his liability, without thereby affecting the validity of the contract. Chapter V-Transportation of Goods Article 115. The legal designation of the contract between the shipper and the carrier shall be "bill of lading" [carta de porte]. It must state that it deals with air transportation. Article 116. The bill of lading shall be made out in triplicate, one copy for the carrier, with the signature of the shipper; another for the consignee with the signature of the carrier and the shipper; and the third for the shipper with the signature of the carrier. Article 117. The bill of lading shall state, in addition, to any other information which the competent authority may require: a) the place and date of issuance; b) the place of departure and destination; c) the name and address of the shipper; d) the name and address of the carrier; e) the name and address of the consignee, if any; f) the type of packaging, marking, and numbering of the packages; g) the weight and size of the shipments or packages; h) the external condition of the merchandise and the pack- aging; i) the cost of shipping, if this has been established; j) the price of the goods and expenses, if the shipment is being made cash on delivery; k) the amount of the declared value, `if any; 1) the number of copies of the bill of lading; m) the documents delivered to the carrier with the bill of lad- ing; n) the time for transporting and statement as to the route, if agreed to. Article 118. If the carrier accepts the goods without a bill of lading having issued, or if it should fail to contain the information indicated by items a) through g) of the preceding article, the carrier shall not be entitled to take advantage of the provisions excluding or limiting his liability, without thereby affecting the validity of the contract. Article 119. Unless proved otherwise, the bill of lading shall be evi- dence of the execution of the contract, of the receipt of the merchan- dise by the carrier, and of the conditions of carriage. Article 120. The bill of lading may be issued to bearer, to order or by name, and may be transferred in the manner and with the conse- quences set forth in the Commercial Code for instruments made out to bearer, to order or by name. Chapter VI-Transportation of Mail Article 121. The establishment and operation of the air mail service shall be in the care of and under the direction a.nd control of the respective ministries. PAGENO="0025" AIR LAWS AND TREATIES OF THE WORLD 19 Article 122. The transportation of mail by air shall be made by air- craft owned by the State or, if need be, by aircraft of Argentme registry. Article 123. The provisions of law pertaining to the mails shall apply, where pertinent, to mail transported by air. Article 124. The operators of air transportation services shall carry such mail as may be assigned to them in accordance with the regula- tions in force. The order of priority for postal shipments delivered to such carriers for shipment shall be according to the following schedule: 1) passen- ger, 2) postal shipments, 3) baggage, and 4) freight. TITLE IX-SEARCH, AID, AND RESCUE Article 125. Upon re4uest by the competent authority, any owner of an aircraft shall be under a duty in so far as he is able to render aid in the search for aircraft. Article 126. The commander of an aircraft in flight shall render the following assistance: 1. Aid to other aircraft in flight which find themselves in a situ- ation of imminent danger; 2. Rescue of persons in danger because of damage sustained by the aircraft transporting them. Article 127. There shall be no duty to render assistance when any of the following circumstances occur: when aid is better assured from other sources; when rendering such aid would greatly endanger per- sons on board the aircraft, or when there is no possibility of rendering useful aid. Article 128. If aid was rendered without the existence of a duty to do so, the operator of the aircraft shall have a right to compensation only when he has saved, or helped to save some person. Article 129. Aircraft which only rendered aid to another aircraft or which participated iii the search mentioned in Article 125, shall have a right to be reimbursed for expenses arising therefrom and for damage sustained during the operation or as a direct consequence thereof. Article 130. The operator of an aircraft which saved some person shall have a right to reimbursement for the costs incurred by such rescue and for damage sustained during the operations or as a direct consequence thereof. The reimbursement shall be the responsibility of the operator of the aircraft aided and may not exceed the value of the aircraft im- mediately preceding the accident. Article 131. Operators of aircraft which salvaged some property shall be entitled to compensation, paid to them according to the risks involved and the expenses and damages sustained by the rescuer, the difficulties of the rescue work, and the danger incurred by the rescued2 and the value of the property saved. Payment of the compensation which in no event may exceed the value of the property saved, shall be made by the owners thereof in proportion to the value, and the rescuer may claim directly from the 2 The Spanish text read "socorrido" meaning "rescued". This may be an error, and the word should be "salvador" (rescuer). PAGENO="0026" 20 AIR LAWS AND TREATIES OF THE WORLD operator of the aircraft assisted, or from each of the proprietors thereof. Article 132. If both persons and property have been rescued, the one who has rescued the persons shall have a right to an equitable share of the compensation made to the one who has saved the property, without impairing any right to reimbursement he may have. Article 133. Reimbursement and compensation shall be due even though aircraft may belong to the same owner. TITLE X-LIABILITY Chapter [-Damages Sustained by Passengers or Goods Being Transported Article 134~. A carrier shall be liable for any damages or losses caused by the death, injury or any other physical detriment sustained by a passenger, when the accident which caused the damage took place on board an aircraft or while boarding or disembarking from it. Article 135. A carrier shall be liable for any damages or losses suffered by destruction, loss, or damage to baggage that has been checked and to goods when the event causing the damage took place during the air transportation. Air transportation for purposes of the last paragraph shall include the period during which the baggage or goods are in the custody of the carrier whether on an airport or on board an aircraft or at some other place if the landing is made at a place other than at an airport. The period of air transportation shall not include transportation on the ground, by sea, or in navigable waters when such transportation takes place outside of an airport, unless one of these types of trans- portation has been undertaken in pursuance of a contract for air transportation with the object of loading, delivering, or transferring the shipment. Unless there is proof to the contrary, it shall be pre- sumed in those cases that the damage was sustained during the air transportation. Article 136. A carrier shall be liable for damages arising from de- lays in transporting passengers, baggage, or goods. Article 137. A carrier shall be liable for the negligence of persons under his control such as clerks, laborers, or servants while in the performance of an act connected with their employment. A carrier shall not be liable if he can establish that the damage was the result of an excusable pilot error, in the operation of the air- craft or in navigation, and that in all other respects he, or the persons subject to his control, took adequate measures to avoid the damage, or that it was impossible for them to adopt such measures. Such evidence shall be admissible even when it is shown that the damage resulted from a defect in the aircraft. Article 138. The courts may absolve the carrier from any liability or reduce his liability if the injured party caused the damage or was a contributing cause thereof. Article 139. With respect to the transportation of persons, the limit of liability of the carrier for each passenger shall be a sum of eighty thousand pesos in national currency, ($80,000). However, a higher limit may be established by an express agreement between the carrier and the passenger. PAGENO="0027" AIR LAWS AND TREATIES OF THE WORLD 21 With respect to the transportation of goods and baggage, the limit of liability of the carrier shall be established on the basis of one hun- dred and fifty pesos in national currency ($150) for each kilogram gross weight and at the sum of three thousand pesos in national cur- rency ($3,000) for each passenger, with the exception of a special declaration of interest in the delivery ified by the shipper at the time the parcels are delivered to the carrier and, if necessary, payment of an additional fee. In such case, the carrier shall be under a duty to pay the declared amount unless he can prove that the value of the ship- ment is less or that said sum is greater than the shipper's interest in the delivery. With respect to articles remaining in the custody of the passenger, the liability shall be limited to one thousand five hundred pesos in national currency ($1,500) for each passenger. Article 140. Any clause tending to exempt the carrier from liability or to set up a limit of liability which is less than that established in this chapter shall he void; but the nullity of such a clause shall not go to the essence of the contract which remains subject to the rules established above. Article 141. A carrier shall not be entitled to take advantage of the provisions of this chapter excluding or limiting his liability when the damage resulted from his wrongdoing, or from the wrongdoing of any person subject to his control who was acting in the course of his employment. Article 142. Absent proof to the contrary, acceptance by the con- signee of baggage and goods without protest shall give rise to a pre- sumption, that they were delivered in good condition and in con- formity with the shipping bill [titulo dcl transporte]. Article 143. In the case of loss, the consignee shall ifie a claim with the carrier within a period of three days for baggage, and of ten days for goods counting from the day of the delivery. In the case of delay, the claim must be `made within ten' days following the date on which the baggage' or goods should have been placed in the hands of the consignee. Failure to file a claim within such time shall preclude any action against the carrier, except in the case of fraud `on his part. Article 144. If the trip which was intended has been' interrupted or has not been made, a passenger, in the former instance, shall be entitled to reimbursement of the part' of the purchase price which is proportionate to the part of the trip not completed and to payment of the ordinary costs of transportation and subsistence from the place of landing to the nearest place where the trip can be continued, and, in the latter instance, to the return of the price of the ticket. Any passenger who fails to present himself or who arrives late to board~ the flight `for which a ticket has been issued to `him or who interrupts his trip, shall not be entitled to demand the return of all or part of the amount. In the `case that the aircraft departs with all seats taken, the" com- petent authority shall order the return' of the purchase price of the `flight ticket, in whole ~or in part, and shall establish the requirements and conditions thereof. Article 145. In the case of successive or combination hauls, each carrier shall be answerable for the subsequent carriers.' These shall PAGENO="0028" 22 AIR LAWS AND TREATIES OF THE WORLD be entitled to state on the bill of lading the conditions of the goods and in the absence of such statement it shall be presumed that they received them in good condition. Article 146. In the case of successive or combination hauls, made partly by air and partly by some other means of transportation, the provisions of this Code shall apply only to air transportation. Article 147. The parties may stipulate the conditions relative to other means of transportation, notwithstanding the provisions of the preceding article. Article 148. Any loss sustained in case of jettisoning shall be borne by the aircraft, the freight and the cargo in proportion to their value. Chapter Il-Damages Caused to Third Parties on the Grou~iw1 Article 149. Any damages caused by an aircraft or by an object falling from an aircraft shall give rise to a right to recovery merely by proof of the fact that it was caused by one or the other. The rule of the preceding paragraph shall apply from the mo- ment when the aircraft, under its own power, begins to move in preparation for a flight until the moment when, after completion of the flight, the aircraft stops moving under its own power. Article 150. The liability established by the preceding article shall attach to the operator of an aircraft. In the case that the name of the operator does not appear on the national register of aircraft, he shall be liable jointly with the owner. Article 151. Any person who, without having the right to use an aircraft, uses it without the consent of the operator, shall be liable for any damage which may result. Any operator who does not take adequate measures to prevent unlawful use of his aircraft shall be liable jointly with the person causing the damage. Article 152. Liability for damages to third parties may be pre- cluded or diminished if the person who sustained the damage was the cause of it or a contributing cause thereof. Article 153. The operator of an aircraft shall be liable with re- spect to each accident up to a. total amount computed at the rate of one hundred and forty pesos in national currency ($140) for each kilogram of the weight of the aircraft. The weight of the aircraft shall include the total maximum load capacity as stated in the cer- tificate of airworthiness. However, the liability of the operator may not be less than one hundred and fifty thousand pesos in national currency ($150,000) nor more than one million two hundred thousand pesos in national cur- rency ($1,200,000). One third of such amount shall be used for pay- ment of the damage caused to property, and the remaining two thirds for the payment for injuries to persons, but in~ the latter case the compensation may not exceed one hundred thousand pesos in national currency ($100,000) for each person injured. Article 154. If several persons have sustained damage in the same accident and the total amount due to be paid exceeds the limits pro- vided in the preceding article, there shall be a proportionate reduc- tion of the amount due to each person in order that the aforesaid total limits may not be exceeded. Article 155. An operator shall not be entitled to take advantage of the provisions limiting his liability if the damage resulted from PAGENO="0029" AIR LAWS AND TREATIES OF THE WORLD 23 his own wrongdoing Or the wrongdoing of persons subject to his control, unless he can prove, with reference to such persons, that he took adequate measures to prevent the damage. Chapter 111-Damages Sustained When the Transportation is Gratuitous Article 156. In the case of gratuitous transportation which is not rendered by an enterprise engaged in public transportation, the car- rier's liability shall be limited to the sum of twenty thousand pesos in national currency ($20,000). Article 157. The carrier may exempt himself from liability by a special express agreement with the passengers. Article 158. The carrier shall not be liable if the circumstances set forth in Article 137 are present and if he proves that he and the persons subject to his control took adequate measures to prevent the damage or that it was impossible to take such measures. Chapter IV-Damages to Persons and Property Aboard in Case of a Mid-air Collision Article 159. By mid-air collision shall be understood any collision between two or more aircraft in flight. Damages. caused by one aircraft in flight to another aircraft in flight, or to persons or property on board, even if there is no collision, shall be considered to have resulted from a mid-air collision. Article 160. If a mid-air collision is due to the fault of one of the aircraft, it shall be liable for the damages. It shall not be liable under the circumstances recited in Article 137. In this respect, the limitations set forth in Article 141 shall apply. Article 161. If a mid-air collision is caused by concurrent negli- gence, the liability of each aircraft for the damages to such aircraft, and to the persons and property on board shall be in proportion to the degree of negligence. If the proportionate degree of negligence cannot be determined, the liability shall be shared equally. Article 162. The liability established in the preceding article shall be joint, but without impairingthe right of a tortfeasor who has paid more than the amount for which he is liable to recoup from the other tortfeasor. Article 163. No liability shall attach in the case of an unavoidable accident or of force majeure. Chapter V-Damages to Third Parties on the Ground in the Case of 2J1~d air Collision Article 164 In the case of damages caused to third parties on the ground by a mid-air collision between two or more aircraft, the opera- tois of such aircraft shall be jointly liable within the purview of the preceding chapter to the persons sustaining such damage Article 165. If the mid-air collision was the result of the negligence of one of the aircraft, the aircraft which was not at fault shall have the right to recoup from the former the amount of damage payments which it was required to pay to the victims by reason of joint liability If the negligence was concurrent, the aircraft which, by reason of joint liability, paid an amount in excess of its share, shall be entitled to recoup the excess from the other party. PAGENO="0030" 24 AIR LAWS AND TREATIES OF THE WORLD Article 166. An operator who is sued for recovery of the damage caused by a mid-air collision shall, within a period of six months count- ing from the date of notification, inform thereof the operator against whom he intends to exercise the right accorded to him by the preceding article, or he will be subject to forfeiture. Article 167. If the mid-air collision was the result of an unavoidable accident or of force majeure, each aircraft shall be subject to liability within the limit and under the conditions stated, and the one who has paid a sum in excess of that for which he is liable shall have the right to recoup the excess. Article 168. The persons in charge of each aircraft shall be under a duty to report the accident to the authorities at the place where the accident occurred. TITLE XI-INSUEANOE Article 169. Any interest in an aircraft may be insured up to its total value against all risks of air flight with the exception of those arising from an intentional act of the owner of the aircraft or of the insured. Article 170. Air carriers shall be under a duty to provide insurance against accidents likely to ensue from the performance of their duties for such of their employees who fly regularly or occasionally, and who are not otherwise covered by the pertinent laws. Such insurance coverage shall be for an amount equal to forty times the.monthly salary up to a fixed maximum of one hundred thousand pesos in national currency. The competent authority shall determine the manner of enforcing the preceding provisions setting forth the nature of incapacities which may result from an accident, their character, the scale for appraising the lessening of incapacity [sic] for work and the manner of taking the proper action. Article 171. Air carriers shall be under a duty to provide insurance for damage within the limits specified in Title X. A deposit in cash or in national bonds, or a guaranty from a bank, may be substituted for the insurance. Insurance for accidents of employees domiciled in the republic of Argentina, or for damage resulting from air transportation, whether to passengers or to goods or to third parties and their property, in the territory of Argentina, shall be purchased from companies which meet the requirements established by the respective laws. However, with respect to foreign enterprises engaged in air trans- portation, insurance may be obtained from companies licensed for that purpose in the place where the aircraft is registered. The Executive shall establish guarantees to be required to assure that the purpose of this title is accomplished. Article 172. The general rules as to insurance set forth in the Com- mercial Code shall be applicable to aviation insurance unless they are incompatible with the exercise of air navigation, or in conflict with the present Code. Article 173. When an operator of several aircraft complies with the requirements for the insurance policies fixed by this Code by a deposit in cash or by a bank guaranty, such guaranty shall be deemed suf- PAGENO="0031" AIR LAWS AND TREATIES OF THE WORLD 25 ficient to underwrite the responsibility with respect to all his aircraft if the deposit or the guaranty amounts to two-thirds for each aircraft, if there are two aircraft, or to one-half if there are three Or more. In any event, the coverage by guaranty shall be sufficient if it amounts to two million pesos in national currency ($2,000,000) when there are two aircraft and three million pesos in national currency ($3,000,000), if there are three or more. Article 174. The risk arising from scheduled air transportation may not be excluded in life or accident insurance contracts executed in this country. TITLE XII-INSPEOTION Article 175. The competent authority shall have the duty of inspect- ing the services of aerial navigation. For that purpose, it shall be in- cumbent upon it: 1. To enforce the performance of the orders and instructions provided for by the certification and the air operations' license, and the observance of the provisions of this Code and regulations which may be promulgated; 2. To enforce the proper performance of services; 3. To supervise the technical, economic, and financial inspection of the enterprise; 4. To suspend service if the necessary safety conditions are not present and to reestablish service when the defects have been cor- rected; 5. To forbit or to bar the use of flying materiel which does not provide the necessary safety; 6. To inspect materials used in the manufacture and for repairs and the manner in which they are performed; 7. To require that flight personnel meet the conditions imposed by the pertinent provisions; 8. To perform all other technical functions and supervision which the Executive may confer on it. TITLE XllI-FORFEITtIRE Article 176. The Executive, upon the report of the competent au- thority, may declare the revocation or withdrawal of the authoriza- tion given for theoperation of aerial services: 1. When the factors of public necessity and convenience con- templated at the time it was conferred no longer exist; 2. When the enterprise which is authorized fails to meet major obligations imposed upon it or when it was repeatedly in default in the performance of lesser obligations; 3. When services are not initiated within the period stipulated in the authorization; 4. When services are disrupted partially or completely without good cause or without authorization by the competent authority; 5. When the enterprise which is authorized to operate is insol- vent or is declared in a state of bankruptcy or the firm is dissolved by court decree; 6. When authorization was issued in violation of the terms of Article 104, PAGENO="0032" 26 AIR LAWS AND TREATIES OF THE WORLD 7. When the safety measures prescribed by title XI have not been adopted; 8. When the enterprise resists investigation of its technical, economic and financial condition. Article 177. If any agency has information of any of the situations described in clause 5 of the preceding article, it shall make it known to. the proper authority so as to enable it to intervene in defense of the rights and interests of the State. Article 178. Prior to a declaration of revocation or withdrawal of certification a hearing shall be granted to the person concerned in order to enable him to produce evidence in his favor. The competent authority shall set up the procedure to be followed. TITLE XIV-STATUTE OF LIMITATIONS Article 179. At the end of six months the following actions shall be barred: 1. Any action to claim any preference granted by Article 53. Such period shall begin to run from the moment the debt accrues. 2. Any action against an operator for an amount which another operator had to pay in any of the cases mentioned in Articles 165 and 167. Such period shall begin to run from the date of pay- ment. Article 180. At the end of one year, the following actions shall be barred: 1. Any action for recovery for damages caused to passengers or goods being shipped. Such period shall be reckoned from arrival at the destination point, or from the day on which the aircraft should have landed, or from the day on which the ship- ment was detained, or from the day the person was declared miss- ing and presumed dead. 2. Any action for recovery for damages to third parties on the ground. Such period shall begin to run from the date on which the event occurred. If it does not appear that the injured person had knowledge of the damage, or of the identity of the person responsible therefor, such period shall begin to run from the time when he could have had such knowledge. In these cases, the ac- tion shall be barred at the end of. three years beginning on the date when the damage occurred. 3. Any action for. recovery for damages resulting from a mid- air collision. Such period shall begin to run from the day on which the event occurred. Article 181. Actions for compensation and reimbursement in cases of search, aid and rescue shall be barred at the end of two years. Such period shall begin to run from the day on which such operations were completed. TITLE XV-JURISDICTION, POWERS, AND APPLICABLE LAW * Article 182. All matters concerning aerial navigation in general and the establishment ~nd oper'~tion of airports intended for inter national and interstate air travel or for air services connected with these in particular are hereby declared subject matter Of nationa.l leg- PAGENO="0033" MR LAWS AND TREATIES OF THE WORLD 27 islation; the same shall apply to the granting of licenses to flight personnel and the issuance of the respective certificates as well as of certificates of aircraft registration and of airworthiness. Article 183. The Supreme Court of Justice and the lower federal courts shall hear and decide cases dealing with aerial navigation or commerce in general and with violations that may affect it. Article 184. Any event taking place, any act done, and any violation committed in a foreign public aircraft over Argentine territory shall be subject to the law of the land and shall be judged by its courts. Article 185. If a foreign public aircraft enters Argentine territory without prior permission or violates any regulation pertaining to air traffic control it shall be compelled to land and shall be detained pend- ing investigation of the case. Article 186. Any event taking place, any act done, or any violation committed in a private Argentine aircraft, over Argentine territory, or over territory not subject to the sovereignty of any state, shall be governed by the law of the, land and shall be judged by its courts. If it took place over foreign territory, the Argentine courts shall have jurisdiction and its laws shall apply only when a real interest of the State or of persons domiciled in it is affected, or when the first landing following the event, act, or violation has been made in the republic of Argentina. Article 187. Any event taking place, any act done, and any viola- tion committed in a foreign private aircraft in flight over Argentine territory shall only be subject to the jurisdiction of the Argentine courts and the application of its laws in the following cases: 1. Any violation of the laws pertaining to public safety, to the military, or to finances; 2. Any violation of laws or rules pertaining to air navigation; 3. Any act jeopardizing public safety or order, or affectmg the public interest or that of persons, or when the first landing. fol- lowing the event, act or violation was made in the republic of Argentina, provided that in the latter case no request for extra- dition has been made. If a request for extradition has been made, the law on that subject shall be controlling. Article 188. Any birth, death, marriage, and will taking place in an aircraft over Argentine territory shall be recorded by the com- mander or by the person exercising his function, and a record of such event shall be made in the board papers of the aircraft. At the first place at which the aircraft lands, the commander of the aircraft shall deliver a copy of the record regarding such event to the competent authority, if such place is an Argentine territory; otherwise to the Argentine consul; and, in the absence of the latter, the record shall be sent to the competent authority under a certified cover. Article 189. The laws pertaining to jurisdiction and legislation in regard to civil, commercial, or cnminal matters shall be applicable to air navigation insofar as they are not in conflict with the provisions of this Code. 87717 O-81----~3 PAGENO="0034" 28 AIi~ r~ws ~D TREATIES OF THE WORLD TITLE XVI-VIOLATTONS AND PENALTIES Chapter I-Violations Article 190. Violations of the provisions of this Code not within the purview of this title, and violations of the regulations promulgated under it, shall be determined by the Executive and punished by tem- porary or permanent disqualification and/or a fine up to ten thousand pesos in national currency ($10,000). Article 1t~1. The penalties provided for in the preceding article shall be imposed by the competent administrative authority with the ex- ception of permanent disqualification which may be declared oniy by the Executive. Article 192. The procedure to be followed in imposing such penalties and the appointment of the administrative authority empowered to impose them in each case and to dispose of appeals, shall be set up by the Executive. Article 193. Imposition of the penalty of permanent disqualification and/or of a fine of ten thousand pesos in national currency ($10,000), shall be subject to final appeal before the competent court. Chapter II-Crim,inal Offenses Article 194. The following persons shall be punished by imprison- ment of from one to four years: 1. Any person who pilots an aircraft that does not meet the minimum safety requirements; 2. Any person who pilots an aircraft without a license, and any official who fails to inquire into the qualifications of a pilot and issues a license to the applicant who, in fact, does not have the required qualifications; and any official in charge of flight control who allows a flight to take place under conditions that are in violation of the preceding provisions. If the death of a person ensues, the pilot of the aircraft shall be punished `by imprisonment of from two to ten years. Article 195. Anyone who makes a secret crossing of the `border at any point other than those designated by the competent authority or who departs from an air route designated for entering and leaving the country, shall be punished with imprisonment of from six months to two years. Article 196. Anyone who makes a secret flight over prohibited zones shall be punished with imprisonment of from six months to three years. Article 197. Anyone who fails to comply with the provisions of Article 126 shall be punished with imprisonment of from threemonths to one year. Article 198. Any imprisonment of six months or more for any viola- tion made punishable by this Code shall entail a prohibition of being a crew member of an aircraft for a period of from one to three years, beginning with completion of the sentence. In the event of a repetition, the guilty person shall be permanently barred from engaging in any aircraft operations. PAGENO="0035" AIR LAWS AND TREATIES OF THE WORLD 29 TITLE XVU-POLICE AND PROCEDURES Article 199. Control of the air space, of airports, and of other places pertaining to aviation within the whole territory of the re- public of Argentina shall be exercised by the aviation authority, with the exception of the security and judicial police which shall be in. charge of the national police forces in existence. Article 200. The organization and operation of the aviation police shall be established by a law to be enacted for that purpose. Article 201. Whenever a violation of this Code has been shown or an aircraft has caused an injury, the competent authority shall set forth the details before witnesses, with an itemized statement of the event, of the persons who caused it and of the persons who were injured, and of any other element giving rise to a legal action and it shall present its report to the proper judicial or administrative authority. Only when there is a criminal offense may members of the crew of an aircraft be detained, and in such case an immediate replacem~nt shall be obtained and, in so far as possible, interruption of the flight shall be avoided. Article 202. When a crime or violation is committed during a flight, the commander or the person exercising his function shall take the necessary measures to secure the person committing the crime or vio- lation and to deliver such person to the proper authorities at the first airport of landing with a detailed report of the act and a list of the persons who witnessed it. Article 203. The personnel appointed or especially designated for that purpose by the aviation authorities or by the customs shall enforce compliance with the provisions of this Code that are their respon- sibility. Article 204. The judicial authorities, the police or other proper authority shall seize any article mentioned in Articles 7 and 8 when it is found on board an aircraft without the required special author- ization; if the attachment is made final, the article shall be delivered to the aviation authority. Article 205. The money received from any fine provided for in this Code shall be transferred to a fund for the development of civil aviation. TITLE xvlfl-3IISCELLANEOUS PROVISIONS Article 206. The Executive shall promote the development of aerial sports by means of financial subsidies, materials, and other aids to organizations set up in the manner established in the regulations and that have the object of practicing air flight, establishing flight schools, constructing airports and rendering other specified services. Article 207. Organizations for aerial sports shall incorporate and meet the other requirements of the regulations. Aircraft engaged in sports activities may be exempted from carry- ing either all or some of the flight papers required by this Code. Article 208. Whenever an aviation accident occurs, the aviation au- thority shall make an inquiry into the causes thereof, shall take the measures necessary to prevent its recurrence and shall impose the penalties which the case may call for. PAGENO="0036" 30 AIR LAWS AND TREATIES OF THE WORLD Foreign private aircraft sustaining accidents over Argentine terri- tory and private Argentine aircraft sustaining accidents over foreign territory, shall be subject to the technical inspection provided for by the terms of international agreements. Article 209. Any citizen learning of the whereabouts of the remains or wreckage of an aircraft shall inform the authorities within ten days. Failure to do so shall make him subject to the provisions of Article 190. Article 210. When an aircraft disappears, or when no information concerning it is available, it shall be deemed lost three months from the date when the last communication was received from it. Persons on board the aircraft shall be presumed dead at the end of six months from the date when the event took place or could have taken place. Article 211. All provisions of law and all regulations which are in conflict with this Code are hereby repealed. PAGENO="0037" THE COMMONWEALTH OP AUSTRALIA. QANTAS EMPIRE AIRWAYS AGREEMENT. No. 75 of 1946. An Act to authorize the execution of an Agree- ment for the Purchase by the Commonwealth of certain shares in Qantas Empire Airways Limited, and to appropriate the Moneys necessary for the purchase of those shares. [Assented to 14th December, 1946.] BE it enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows :- 1. This Act may be cited as the Qantas Empire Airways Agreement Short title. Act 1946. 2. This Act shall come into operation on the day on which it commencement. receives the Royal Assent.. 3. The execution on behalf of the Commonwealth s hereby Authorization authorized of an agreement between the Government of the Common- of agreenient. wealth and the Government of the United Kingdom and any other necessary party for or in connexion with the purchase by the Common- wealth of the shares held by British Overseas Airways Corporation in Qantas Empire Airways Limited. 31 PAGENO="0038" 32 AIR LAWS AND TREATIES OF THE WORLD P~,rIceof 4. The agreement authorized by this Act may fix the price for the purchase of the shares or may provide for the determination of the price by arbitration. Appropriation. 5. Any payment by the Commonwealth required by the agreement authorized by this Act shall be made out of the Consolidated Revenue Fund which, to the necessary extent, is hereby appropriated accordingly. PAGENO="0039" AIR NAVIGATION ACT 192O~195O.* An Act relating to Air Navigation. BE it enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows :~-- 1. This Act may be cited as the Air Navigation Act 1920-1950. ~ title. Short title amended; No. 32, 1918, s.2. 2. This Act shall commence in relation to the several States and Commencement. Territories on such days as are respectively fixed by Proelamation.f 3. In this Act, unless tl1e contrary intention appears- Definitioiis "the Chicago Convention" means the. Convention on Inter- Amended by No. 6, 1947, national Civil Aviation concluded at Chicago on the s~ 2; and No. 80, seventh day of December, One thousand nine hundred 1950, a. 3 and First Schedule. and forty-four. *3A. The ratification on behalf of Australia of the Chicago Con- Approval of vention is approved, ratification of Chicago Convention. Inserted by No. 6, 1947, 5.3. * * * * * * * * Section 4 repeated by No. 6, 1947, s. 64 * The Air Navigation Act 1920-1950 comprises the Air Navigation Act 1920, as amended. Particulars of the Principal Act and of the amending Acts are set out in the following table :- Act. Date of Assent. Date of Commencenient. Air Navigation Act 1920 1920, No. 50 2nd December, 1920 28th March, 1921 Air Navigation Act 1936 1936, No. 93 7th December, 1936 7th December, 1936 Air NotsigatiOn Act 1947 1947, No 6 2nd April, 1947 30th AprIl, 1947 AirNavigatiefl .4ct(No.2) 1947 1947, No. 89 11th J)ecember, 1947 11th December, 1947 Statute T.amv Revision Act 1950 1950, No. 80 16th December, 1950 31st December, 1950 t The respective dates so fixed were- (a) In relation to the several States and Territories-28th March, 1921 (see Gazette 1921, p. 480); (b) in relation to the Territory of Cocos (Keeling) Islands-2lrcI November, 1955 (see Gazette 1955, p. 3824A); and (c) inrelatlon to the Australian Antarctic Territory-l9th April, 1956 (see Gazette 1956, p. 1068). ~ Section 6 of the Air Navigation ilcf 1947 reads as follows "6. Section four of the Principal Act as amended by this Act shall cease to Save effect as at. midnight on the ninth day of August, One thOU4811d nine hundred and forty-seven and shall l,e deemed to be repealed as at that time.". 33 PAGENO="0040" 34 AIR LAWS AND TREATIES OF THE WORLD Power~to make 5.-(L) The Governor-General may make regulations- Substituted by (a) for the purpose of carrying out and giving effect to the No.89, 1947, Chicago Convention and the provisions of any amend- ment of the Chicago Convention made under Article ninety-four thereof and for the purpose of carrying out and giving effect to any other international con- vention or agreement relating to air navigation to which Australia is or becomes a party; (b) prescribing all matters- (i) in respect of air navigation which are necessary or convenient to be prescribed in relation to any matter with respect to which the Parliament has power to make laws; or (ii) which. are necessary or convenient to be pre- scribed in respect of air navigation within any Territory of the Commonwealth or to or from any such Territory. (2.) Any regulations made under this section in respect of air navigation within any Territory of the Commonwealth or to or from any such Territory shall have effect notwithstanding the provisions of section ten of the Northern Territory (Administra- tion) Act 1910-1947. (3.) The power to make regulations under this section shall include power to make provision for- (a) the establishment, maintenance, operation and use of ae~odromes and air route and airway facilities. including the imposition of charges and conditions for their use; (b) the removal or marking of objects which constitute potential hazards to air navigation and such other measures as are necessary to ensure the safety of aircraft; and (c) the imposition of penalties not exceeding Two hundre(1 pounds or imprisonment for six months, or both, for any contravention of or failure to comply with any provision of the regulations or any order, direction or condition given or made under, or in force by virtue of, the regulations. * Section 4 of the Air Navigation Act (Xo. 2) 1947 reads as follows 4. The Air Navigation Regulations, being Statutory Rules 1047. No. 112, and ally regulations amending those Regulations and made before the comsnencemes,t of this Act, shall be and be deemed to have been as valid and effectual as if the Principal Act, as amended by this Act, had been in opera- tion when they were made and shall, subject to any regulations snade snider the Principal Act. is amended bythis Act, continue in force notwithstanding the repeal ofsection five of the Principal Act.' PAGENO="0041" AIJSTRALIAN NATTONAT~ AIRLINES AOT 19454952,* An Act to provide for the Establishment and Operation of National Airline Services by the Commonwealth and for other purposes. HEREAS, in order to ensure, amongst other things, that- Preamble. (a) trade and commerce with other countries and among the States are fostered and encouraged to the greatest possible extent; (b) the maintenance and development of the Defence Force of the Commonwealth in relation to the defence of Australia by air and the establishment of plant and equipment necessary for that Force are assured; (c) the development of the Territories is promoted with the utmost expedition; and (d) the. carriage of mail by air within Australia is promoted to meet the needs of the people of Australia, it is expedient to provide for the matters hereinafter set out: BE it therefore enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows PART 1.-PRELIMINARY. 1. This Act may be cited as the Australian National Airlines Short title. Act 1945-1952. Amended; _______________________________________ s.2. ` * The Australian National Airlines Act 1945-1952 comprises the Australian National Airlines Act 1945 as amended. Particulars ot the Principal Act and of the amending Acts are set out in the following table :- Year and Act. Number. Australian National Airlines Act No. 31, 1945 1945 I Australian National Airlines Act I No. 90, 1047 1947 I Australian Nalional Airline8 Act I No. 102, 1952 1952 - Date of Assent. Date of Commencement. 16th Au~st, 1945.. 11th December, 1947 18th November, 1952 17th April, 1946 11th December, 1947 16th December, 1952 . 35 PAGENO="0042" 36 AIR LAWS AND TREATIES OF THE WORLD Commencement. 2. This Act shall come into operation on a date to be fixed by Proclamation.* Parts. 3. This Act is divided into Parts as follows:- Part I.-Preliminary. Part II.-T.h~ National Airline Services. Division 1.-Establishment and Constitution of the Australian National Airlines Com- mission. Division 2.-Powers, Functions and Duties of the Commission. Division 3.-Finances of the Commission. Division 4.-Reports. Part 111.-CompuLsory Acquisition of Aircraft and other Property. Part IV.-Limitations in respect of Airline. Services. Part V.-Compensation. Part VI.-Pcnalties and Procedure. Part VII.-MisceIlancous. DefinItions. 4. In this Act, unless the contrary intcntion appears- da~19~ "Acting Commissioner" means a person appointed to per- s. 3. form the functions of a Commissioner during the illness or absence of a Commissioner; "adequate airline service "t, in relation to any stopping places `at least one of which is within a Territory of the Commonwealth, means a service in respect of which there is in force. a declaration made by the Minister and pub- lished in the Gazette that the service is adequate to meet the needs of the public for transport by air between those stopping places; "airline licence" means an air-line licence under the Air Navigation Regulations; "Air Navigation Regulations" means the Air Navigation Regulations under the Air Navigation Act 1920-1936 or those regulations as amended from time to time, and includes any regulations in substitution for those regulations; "air service" means a service established or conducted by the Commission for the transport by air of passengers or goods; "Australia" includes the Territories of the CommonwealthS "Chairman" means Chairman of the Commission and includes a Commissioner or person appointed to act a~ Chairman~ The elate fixed was 17th April. 1946. See Gazette 1946, p. 1068. t This definition was substituted by paragraph (a) of section 3 of the Australian Zea,tional Airlin Act 1947. PAGENO="0043" AIR LAWS AND TREATIES OF THE WORLD 37 "Commissioner" means member of the Commission and includes an Acting Commissioner; "contractor `~ in relation to an interstate airline service or a. Territorial airline service, means a person with whom the. Commission has entered into a contract in pur- suance of section twenty-three of this Act to conduct that service; ~"goods" includes merchandise and chattels of every descrip- tioh, and animals alive or dead; "interstate airline service" means a service providing for the transport by air, for reward, of passengers or goods and operating from one place in Australia to another place in Australia and having scheduled stopping places in two or more States; :" Owner" in relation to goods, includes any consignor, con- * signee, shipper or agent for sale or custody of the goods; "sOheduled stopping places ", in relation to any airline `service, means the terminal and scheduled intermediate stops specified in the conditions of any airline licence issued in respect of the service and includes such other * stopping places as are prescribed; Territorial airline service" means a service providing for the transport by air, for reward, of passengers or goods and having a scheduled stopping place in a Territory of the Commonwealth; "the Commission" means the Australian National Airlines Commission established under this Act; ~ the licensing authority" means the authority having power to issue an airline licence; ~` this Act" includes the regulations and by-laws made under this Act. S. This Act shall extend to all Territories of the Commonwealth. Extension of Act to Territories. PART 11.-Tun NATIONAL AIRLINE SERVICES. Divi.s~ion 1.-Establishmr~nt and Constitution of tive Australian National Airlines Commission. 6.-(1.) For the purposes of this Act, there shall be a Commis- Australian sion to be known as the Australian National Airlines Commission ~ which, for those purposes and subject to the provisions of this Act, Commission. shall have and may exercise the rights, powers, authorities and functions conferred, and shall be charged with and perform the duties and obligations imposed, upon it by this Act. (2.) The Commission shall be a body corporate with perpetual succession and a common seal, and may acquire, hold and dispose ot real and personal property and shall be capable of suing and, being sued in its corporate name. PAGENO="0044" 38 AIR LAWS AND TREATIES OF THE WORLD (3.) All courts, judges and persons acting judicially shall take judicial notice of the seal of the Commission affixed to any doen- inent or notice and shall presume that it was duly affixed. (4.) The head Office of the Commission shall be established at such place as the Minister, on the recommendation of the Com- mission, appoints. composition of. 7.-(1.) The Commission shall consists of five Commissioners. Commission. . (2.) One of the Commissioners shall be appointed to be Char- man and one shall be appointed to be Vice-Chairman of the Commission. (3.) The Commissioners shall be appointed by the Governor- General. Term of 8.-(1.) Subject to this Act, the period for which the Commis- ~i~n?s~sioncrs. sioners first appointed under this Act shall hold office shall be, in the case of the Chairman, five years, in the case of the Vice- Chairman, four years, and in the case of the remaining Commis- sioners, four years, three years and two years respectively. (2.) After the appointment of the five Commissioners first appointed under this Act, each further appointment shall be for a period of three years. (3.) In the event of a Commissioner ceasing to hold office prior to the termination of the period of his appointment, another Com- missioner may be appointed in his place for the remainder of that period. (4.) Each person who is appointed a Commissioner shall upon the expiration of the term for which he was appointed, be eligible for re-appointment. Remuneration 9.-(1.) The remuneration of the Commissioners shall be- ~mmlss1oners. (a) in the case of the Chairman-at such rate per annum as the Governor-General approves; (b) in the case of the Vice-Chairman-at the rate of Five hundred pounds per annum; and (a) in the case of each other Commissioner-at the rate of Four hundreds pounds per annum. (2.) The Commissioners shall receive travelling and other allow- ances at such rates as the Governor-General determines. Absence of 1 O.-( 1.) In case of the absence (whether through illness or Chairman, otherwise) of the Chairman, the Vice-Chairman, if present, shall act as Chairman. (2.) In case of the absence (whether through illness or other- wise) of both the Chairman and the Vice-Chairman, the Commis- sioners present may appoint one of their number to act as Chairman: Provided that the Governor-General may, if he thinks fit, appoint a person to act as Chairman for such period as the (lovernor-Gencral specifies. PAGENO="0045" AIR LAWS AND TREATIES OF THE WORLD 39 (3.) If the Governor-General appoints a person to act as Chair- man, the appointment shall be at such remuneration as is deter- mined by the Governor-General, not exceeding the remuneration fixed, in the case of the Chairman, in pursuance of section nine of this Act. 11.-(1.) In case of the absence* (whether through illness or II1tne~.o or~ otherwise) of any other Commissioner, the Governor-General may, o~r~i°ss~oners. if he thinks fit, appoint a person to perform the functions of the Commissioner during that absence. (2.) The remuneration of any person so appointed shall be determined by the Governor-General, but shall not exceed the remuneration fixed by paragraph (c) of sub-section (1.) of section nine of this Act. 12. The Governor-General may grant leave of ~absence to any Determination Commissioner upon such conditions as to remuneration or other- ~ wise as the Governor-General thinks fit. 13. The Governor-General may terminate the appointment of. D Dbmmissal of a Commissioner or an Acting Commissioner for inability, inefficiency °~ c,r misbehaviour. (ommniasioner. 14.-(l.) A Commissioner shall be deemed to have vacated his Vacation of office- office. (a) if his appointment is terminated by the Governor- General in pursuance of this Act; ~ 1952, (b) if he becomes bankrupt or compounds with his creditors or makes any assignment of his remuneration for their benefit or takes advantage of any provision of any Act relating to bankruptcy; (c) if he becomes of unsound mind; (d) if he resigns his office by writing under his hand addressed to the Governor-General and the resignation is accepted by the Governor-General; (e) if he absents himself (except with leave granted by the Governor-General) from three consecutive meetings of the Commission; or (f) if he, in any way- (i) becomes concerned or interested in any contract or agreement entered into by or on behalf of the Commission; or (ii) participates, or ëlaims to participate, in the profit of any such contract or agreement or in any benefit or emolument arising from the contract or agreement. PAGENO="0046" 40 AIR LAWS AND TREATIES OF THE WORLD Suiistituted by (2.) A Commissioner shall not be deemed- No. 102, 1952, (a) to `become concerned or interested in a contract or agree- ment specified in paragraph (f) of the last preceding sub-section; or (b) to participate, or to claim to participate, in the profit of, or in any benefit or emolument arising from, such a contract or agreement, by reason only- (c) of his being a director of, and in receipt of director's fees as such from, a company consisting of more than twenty-five persons which has entered into a contract or agreement with the Commission, if, at a meeting of the Commission held prior to the entering into of the contract~ or agreement, the Commissioner has declared the nature of his interests in that company; (ci) of his being a member of a company consisting of more than twenty-five persons which has entered into a contract or agreement with the Commission; or (e) of his entering into, or obtaining a benefit arising from, a contract or agreement between the Commission and himself for the transport by the Commission of him- self or another person or of any goods. Meetings of 15.-(1.) The Commission shall hold such meetings as, in the Commission. . . opinion of the Chairman or at least three other Commissioners, arc necessary for the efficient conduct of its affairs. At meetings of the Commission three Commissioners shall form a quorum, and the Chairman shall have a deliberative vote, and, in the event of an equality of votes, a second or casting vote. (3.) Any question arising at any meeting of the ~Comnaission shall be determined by a majority of the votes of the Commis- sioners present. (4.) The general manager shall, as far as practicable, attend all meetings of the Commission: Provided that, if the Commission so directs, he shall tem- porarily retire from any meeting. Delegation of 16.-(1.) The Commission may in relation to any particular powers by Commission, matters or class of matters or to any particular part of Australia, by writing under its seal, delegate to any officer or employee or other prescribed person all or any of its powers under this Act (except this power of delegation), so that the delegated powers niay be exercised by him with respect to the matters or class of matters or the part of Australia specified in the instrument of delegation. (2.) Every delegation under this section shall be revocable at will, and no delegation shall prevent the exercise of any power by the Commission. PAGENO="0047" AIR LAWS AND TREATIES OF TIlE WORLD 41 17.-(L) The Commission shall appoint a general manager, Appointment who shall be the chief executive officer of the Commission, and it ~° may appoint such other officers as it thinks necessary. (2.) The officers of the Commission shall constitute the Service of the Commission. (3.) A person shall not be admitted to the Service of the Com- mission unless- (a) he is a natural-born or naturalized British subject; (b) the Commission is satisfied, upon such medical examina- tion as is prescribed, as to his health and physical fitness; and (c) he makes and subscribes an oath or affirmation of allegiance in accordance with the prescribed form, and shall not be appointed to a clerical office in that Service unless he has in open competition successfully passed the prescribed entrance examination: Provided that the Commission may appoint, to such positions or positions of such classes as are prescribed, persons who do not possess all the qualifications specified in this sub-section. (4.) Appointments to positions which are open only to persons who have passed the prescribed entrance examination shall be made in order of merit of their passing that examination. (5.) Adequate notice and particulars of the prescribed entrance examination shall be given by the Commission, to the public', by advertisement in the Gazette and daily newspapers. (6.) The rate of salary payable to the general manager shall be subject to the approval of the Governor-General. (7.) The rate of salary payable to any other officer shall, if it exceeds the rate of Fifteen hundred pounds per annum, be subject to the approval of the Minister. (8.) Officers appointed by the Commission shall, subject to this section, be subject to such terms and conditions of employment (including conditions with respect to punishment for breaches of discipline) as are determined by the Commission. Sub-section (9.) * * * * * * omitted by tjc. 02, 952, 18. The Commission may appoint such temporary or casual ~ employees as it thinks fit, on such terms and conditions as the Com- ~r'~" and mission determines. employees. 18A.t Where a person appointed in pursuance of either of the Preservation last two preceding' sections was, immediately before his appoint- ~`~°by ment, an officer of the Public Service of the Commonwealth, his ~o~I02, 1952, * This sub-section was omitted by sub-section (1.) of section 3 of the Australian National Airlines Act 1952. Sub-section (2.) of that section reads :- "(2.) ThIs section shall be deemed to baxe come into operation on the seventeenth day of April, One thousand nine hundred and forty-six." t Thissection was inserted bysub.seetion(1.)of section 4 of theAusfralian NationalAirlineo Act 1952. Sub-section (2.) of that section reads "(2.) ThIs section shall be deemed to have come into operation on the seventeenth day of April, One thousand nine hundred and forty-six" PAGENO="0048" 42 AIR LAWS AND TREATIES OF THE WORLD service or employment, or both, under this Act, shall, for the purpose of determining his existing and accruing rights, be taken into account as if it were service in the Public Service of the Com- monwealth and the Officers' Rights Declaration Act 1928-1940 applies as if this Act and the last, two preceding section,s had been specified in the Schedule to that Act. Division 2.-Powe'rs, Functions and Duties of I/i.e Commission. General 19.-(1.) For the purpose,s of this Act and subject to the pro- i~r~t~o~ and visions of this Act and of the Air Navigation Regulations and with Sub oH (I) full regard to safety, efficiency and economy of operation the arneedby Commission may do all that is necessary or convenient to be done s. ~. for, or as incidental to, in relation to, or in connexion with, the establishment, maintenance or operation by the Commis.sion of air- line services for the transport, for reward, of passengers and goods by air- (a) between any place in a State and any place in another State; (b) between any place in any Territory of the `Common- wealth and any place in Australia outside that Terri- tory; and (c) between any place in any Territory of the Common- wealth and any other place in that Territory, or for the transport of mails by air between any places in Australia in pursuance of an agreement entered into under section twenty-two of this Act. (2.) It shall be the duty of the Commission to exercise the powers conferred by the last preceding sub-section, as fully and adequately as may `be necessary to satisfy the need for the services specified in that sub-section, and to carry out the purposes of this Act. Amended by (3.) The Commission, with the approval of the Minister, shall No.90, ~ have, and may exercise in relation to airline services between any place in Australia and any place outside Australia, the like powers as it has.in relation to airline services specified in sub-section (1.) of this section. Intra-statc 19A.-(l.) Where the Parliament of any State has, prior to the services in . * pursuance of commencement of this section, by any State Act, referred to the ~~:ef~d Parliament of the Commonwealth the matter of air transport, or the Parliaments, matter of the regulation of air transport, the Commission may, No. 90, l9~7, subject to this section, during the period of operation of that State Act, or during any extension of that period- (a) establish airline services for the transport for reward of passengers and goods within that State; and (b) maintain and operate airline services for any such transport, PAGENO="0049" AIR LAWS AND TREATIES OF THE WORLD 43 and shall have., in relation to any such service, the like powers as it has in relat~ón to airline services specified in sub-section (1.) of the last preceding section. (2.) The Commission shall not- (a) establish any service which it could not lawfully estab- lish but for this section unless the Premier of the State in which the service is to be established has notified the Prime Minister in writing that he consents to the establishment and operation of the service; or (b) continue the operation of any service in respect of which consent has been given under the last preceding para- graph after the Premier has notified the Prime Minis- ter in writing that he withdraws his consent to the operation of that service. (3.) The Conunission shall, in respect of any service operated by it in pursuance of consent under the last preceding sub-section by the Premier of a State, pay to the State from time to time amounts eqiTlval(rnt to the licence fees (if any) which would be payable under the law of the State if the service were operated by a person other then the Commission. 20. The Commission may, in the conduct of an air service, Fares and transport all such passengers and goods as are offered for that pur- ~td b pose and may demand such fares and charges, and impose such No. 102, I952~ conditions, in rs.spect of that transport, as it determines. S. 5. 21.-(1.) Subject to this Act, the Commission may- Power to (a) acquire by lease or purchase any land, buildings, ea.se~ ~~ose ments or other property (whether real or personal), of assets. rights or privileges which it thinks necessary for the purposes of this Act; and (b) exchange, lease, dispose of, turn to account or otherwise deal with, any property, rights or privileges of the Commission. (2.) The Commission shall not, without the approval of the Minister- (a) acquire by purchase any land the cost of acquisition of which exceeds the sum of Five thousand pounds; (b) enter into any lease of land for a period exceeding five years; or (c) in any manner dispose of any property, right or privi- lege having an original or book value exceeding the sum of Five thousand pounds. (3.) The Commission shall not, without the consent of the Minister, enter into any contract in any case where the contract is for the supply. either directly or indireetTy, from places outside Australia. of aircraft, equipment or materials of a greater value than Ten thousand pounds. 67717 O-431~~4 PAGENO="0050" 44 AIR LAWS AND TREATIES OF THE WORLD Contracts for 22. The Commission may enter into any agreement or contract transport of snails, with the Minister on behalf of the Commonwealth for the transport of mails by air. ~i~~tua1 23. Subject to this Act, the Commission may contract for the ~owers of execution of any work or service authorized by this or any other m IS. ~ Act to be executed by the Commission, in such manner, upon such terms, for such sums, and under such stipulations, conditions, and restrictions as the Commission thinks proper. Commission to 24. For the purposes of this Act the Commission shall be ~o:mon deemed to be a common carrier of passengers and goods and (except as by this Act otherwise provided) shall be subject to the obliga- tions and entitled to the ~~riviieges of common carriers of passengers arid goods. Alterations 25.-(1.) The Minister may, if he is satisfied that it is in the of interests of the development of Australia so to do, direct the Minister. Commission to establish, alter or continue to maintain any inter- state airline service or Territorial airline service specified by the Minister. (2.) if, at the direction of the Minister, the Commission estab- lishes, alters or continues to maintain an airline service and satisfies the Minister that the airline service so established, altered or con- tinued to be maintained has been operated at a loss in any financial year anti if, after due provision is made for reserv.es, a loss results `in that financial year from the whole of the operations of the Commission, the Commission shall be entitled to be reimbursed by the Commonwealth to the extent of the first-mentioned loss or to the extent of the second-mentioned loss, whichever is the less. Contracts by 26.- ( 1.) Any contract which, if made between private persons, Commission- would by law be required to be in writing and under seal, may be how made, made by the Commission in writing in its corporate name under its common seal, and may be varied or discharged in the same manner. (2.) Any contract which, if made between private persons, would by law be required to be in writing and signed by the parties to be charged with the contract, may be made by the Commission in writing in its corporate name, and may be `~aried or discharged in the same manner. (3.) Every contract made according to the provisions contained in this section and duly exeented by the parties to the contract respectively shall be effectual in law and shall be binding upon the Commission and all other parties to the contract, their successors, heirs, executors and administrators. Commission 27. The Commission may compound and agree with any person con~'pound for with whom any contract has been entered into by the Commission ~ in pursuance of, or under the authority of, this Act, or against whom any action or suit is brought for any penalty contained in the PAGENO="0051" AIR LAWS AND TREATIES OF THE WORLD 45 contract, or in any bond or other security for the performance of the contract, or for or on account of any breach or non~performaflCe of th~ contract, bond or security, for such sum of money or other consideration as the Commission thinks proper. 28. Nothing in this Act shall be construed to confer on the Limitsstion of Commission any powers which, for the time being, are exercisable ~ under the Air Navigation Regulations by the Minister or any other authority. 29. The provisions of the Air Navigation Regulations shall, so Application far as applicable, apply to and in relation to the Commission in like ~ia~atIon manner as they apply to and in relation to other persons. Division 3.-Finances of the Commission. 30.-(1.) The Treasurer may make available to the Corn- Capital of the mission, out of moneys appropriated by the Parliament for the 1)urpose, such amounts as are, in the opinion of the Minister, Noô 102, l95~ required by the Commission and the Commission may accept more amounts. (2.) The capital of the Commission consists of the amounts advanced by the Treasurer to the Commission before the commence- iiient of this section and of the amounts made available by the Treasurer to the Commission under the last preceding sub-section. (3.) Interest is not payable to the Commonwealth on the capital of the Commission but the Commission shall pay to the Common- wealth, out of the profits of the Commission for a financial year. such amount as the Treasurer determines. (4.) The capital of the Commission is repayable to the Corn- mon~ealth at such times and in such amounts as the Treasurer determines. (5.) Before making a determination under either of the last two preceding sub-sections, the Treasurer shall consult the Minister and shall have regard to any advice which the Commission has furnished to the Treasurer in relation to the financial affairs of the Corn- mission. 31.- ( 1.) The Commission may borrow money for temporary Borrowings by purposes on overdraft from the Commonwealth Bank of Australia, the Commission or from such other bank as the Treasurer approves, but the No~IO~ t95~i aggregate of the amounts borrowed by the Commission under this sub-section and not re-paid shall not exceed One million pounds. (2.) The repayment of amounts borrowed under the last preced- ing sub-section, and the payment of interest on amounts so borrowed. may be secured against the whole or any part of the assets of the Commission. 32. The Commission shall prepare estimates, in such form as the Commission to Minister directs, of its receipts and expenditure for each financial year and shall submit those estimates to the Minister. PAGENO="0052" 46 AIR LAWS AND TREATIES OF THE WORLD Moneys 33. Moneys held by the Commission which are uninvested may `nay be lodged he lodged either in an account at call or on fixed deposit, or partly in Bank. in an account at call and partly on fixed deposit, with the Common- wealth Bank of Australia or with such other bank as the Minister approves, and while so lodged shall be held to be moneys of the Crown. Application of 34 Subject to this Act the moneys of the Commission may be moneys. apPlied as follows (a) In payment of the expenses and charges and in. discharge of other obligations incurred or undertaken by the Commission in the exercise of its powers, duties and functions under this Act; (b) In payment of the remuneration and allowances of the Commissioners and the salaries, wages and allowances of officers and employees of the Commission; and (c) In investment in any securities of, or guaranteed by. the Government of the Commonwealth. Accounts. 35. The Commission shall keep its accounts in such form as is approved by the Treasurer. Audit. 36.-(1.) The accounts of the Commission shall be subject to inspection and audit, at least once yearly, by the Auditor-General for the Commonwealth. (2.) The Auditor-General shall report to the Minister the renuit of each inspection and audit. i~i~ to 37.-(1.) The Commission shall pay all rates, taxes and charges pay rates, imposed by or under any law of the Commonwealth and such other taxes and . charges. rates, taxes or charges as the Minister specifies. Sub~section (I.) . ~rne~d~2 (2.) The Commission is not a public authority for the pu~'poscs 7 (I.)'(a). ` of paragraph (d) of section twenty-three of the Income Tax and SUb-SeCfioflS(2.) Social Services Contribution Assessment Act 1936-1952. (3.) The Commission is not a public transport authority for the purposes of item 77 in the First Schedule to the Sales Tax (Exemptions and Classifications) Act 1935-1952. Profits of the ~ Commission. ~ For the purposes of this Act, the profits of the ~bs~t~d9~ Commission for a financial year are the amount (if any) remaining 8 ` ` after deducting from the revenue received or receivable in respect of that financial year the expenditure incurred in respect of that financial year. * Thissub-section was added by paragraph (b) of sub-section (1.) of section 7 of the Ausf ration National Asrlines Act 1952. Sub-section (2.) of that section reads- "(2.) Sub-section (2.) of section thirty-seven of the Principal Act, as added by this section, shall be deemed to have come into operation on the first day of July, One thousand nine hundred and fifty-two ". PAGENO="0053" AIR LAWS AND TREATIES OF THE WORLD 47 (2.) For the purposes of the last preceding sub-section, the expenditure of the Commission includes- (a) charges and expenses accrued but not paid; (b) provision for obsolescence and depreciation of assets; (c) provision for insurance; (d) provision for staff superannuation; and (e) provision for income tax and social services contri- bution. (`3) The profits of the Commission for a financial year shall he applied in the first place in payment of such sums as the Trea- surer determines under sub-section (3.) of section thirty of this Act; the balance (if any) shall be applied in such manner as the Minister, with the concurrence of the Treasurer, determines. (`4.) Before a determination is made under the last preceding .sub-seetion. the Minister and the Treasurer shall have regard to any advice which the Commission has furnished to them in relation to the financial affairs of the Commission. * * * * *. * * * S. 39 repealed by No. 102, 1952, a. 8. Division 4--Reports. 40.-(1.) The Commission shall, as soon as possible after the Annualreport by Commission. close of each financial year, submit to the Minmter an anuuai report with respect to the operations of the Commission and financial accounts, in respect of that year, in sueh form as the Treasurer approves. (2.) The annual report and financial accounts, accompanied by a certificate of the Auditor-General, shall be laid before both houses of the Parliament within fifteen sitting days after their reeeii)t by the Minister. 41. The Commission shall furnish all such reports, documents, Further reports and information relating to the operations of the Commission `as. to Minister. the Minister requires. PART ITT-CoMPULsoRY ACQUISITION OF AIRCRAFT AND OTHER PROPERTY. 42. The Commission may for the purposes of this Act, by Power to notice served on the owner or published in the Gazette, acquire any acquire. aircraft or other 1)roPerty (not being land) required for the purposes of the Commission. 43. Upon the service of the notice on the owner or the publica- Property to tion of the notice in the Gazette the aircraft or property described ~r~ssion. in the notice shall, by force of this Act- (a) become the absolute property of the Commission; and (b) be freed and discharged from all trusts, obligations, interests, contracts, charges, liens and pledges affect- ing the aircraft or property, PAGENO="0054" 48 AIR LAWS AND TREATIES OF THE WORLD and the rights and interests of every person in the aircraft or other property (including any rights or interests arising in respect of any moneys advanced in respect of the aircraft or property) shall thereupon be converted into claims for compensation, which may be made and shall be dealt with in accordance with the provisions of this Act. Duty of owner 44. Where any property is acquired under section forty-two of posses~Ion of this Act, the person from whom the property is acquired, and every ~re~i person in whose Possession or custody or under whose control the property may be, shall deliver up the property in accordance with the terms of the notice by which the acquisition is made. Penalty: One hundred pounds or imprisonment for six months, or both. Pow~ th 45. For the purpose of enabling the Commission to exercise the do?ng of a~ts, power conferred by section forty-two of this Act and for facili- &c., to facilitate . acqithitlon of tating that exercise, the Commission and any person thereto property. authorized by the Commission shall have such powers as are prescribed. Airline licences to be Inoperative PART IV.-LIMITATIONS IN RESPECT OF AIRLINE SERVICES. circumstances. Sub~sectIon (I.) 46.-(1.) ~ * * * * omitted by No.90, 1947, (2.) Where an airline licence is issued to the Commission in Amended by respect of a Territorial airline service and the Commission ha.s No.90, 1947, established that service, any airline licence held by any person, other than the Commission or a contractor, in respect of any airline service which provides transport by air between any of the scheduled stopping places of the service established by the Com- mission, at least one of which is within a Territory of the Common- w'ealth, shall, by virtue of this section (unless it has been issued in respect of a section of an international airline service authorized by the Commonwealth) and insofar as it authorizes transport by air between any of those stopping places of passengers or goods embarked or loaded for transport solely between those stopping places, be inoperative, and shall not be renewed, so long as there is an adequate airline service between those stopping J)laces by reason only of the services operated by the Commission and the services operated by contractors. Limitation 47. The licensing authority shall not issue to any person, other with respect than the Commission or a contractor to whom the Commission has s. requested the licensing authority to issue the licence- Amended by 1947, * * * * * PAGENO="0055" AIR LAWS AND TREATIES OF THE WORLD 49 (b) in respect of a Territorial airline service (not being a section of an international airline service authorized by the Commonwealth)-an airline licence which would authorize transport by air between any scheduled stopping places, at least one of which is within a Territory of the Commonwealth, of any air- line service operated by the Commission or any con- tractor, unless, and except to the extent to which, the licensing authority is satisfied that, having regard to the airline services operated by the Commission and contractors, the issue of the licence is necessary to meet the needs of the public with respect to Terri- torial airline services. 48. Where the Commission applies for an airline licence for an z~otdce by airline service, and any other person holds an airline licence in ~ respect of a service which provides transport by air between any of ~?r~ce. the scheduled stopping places of the service, at least one of which ~me~uie~~ is within a Territory of the Commonwealth, it shall- s.°à. (a) publish in the Gazette and daily newspapers a notice of the fact; and (b) at least thirty days before~ establishing the service, pub- lish in the Gazette and daily newspapers notice of the day on which the service is to be established. 49. A person shall not enter into a contract- Limitationa (a) to transport by air for reward any person or goods; ~~e~rto (b) to be transported by air for reward; or Amended by (c) to have any other person or any goods transported by ~o~90, 1941, air for reward, in the course of the operation of any prescribed Territorial airline service operated by* any person, other than a person holding an airline licence in respect of that service, not being a licence which is inoperative by virtue of section forty-six of this Act. Penalty: Five hundred pounds. PART V.-OOMPENSATION. 50.-( 1.) For the purposes of this Part there shall be a Corn- Compenoatioii pensation Board, consisting of a Chairman and two other persons, Board. appointed by the. Minister. (2.) The Compensation Board shall include- (a.) a person who holds, or has held office as a Police, Stipen- diary or Special Magistrate, who shall be the Chair- man; and (b) a qualified practising accountant. (3.) The Minister may appoint one or more persons having specialized knowledge of the subject-matter of the claim to act as assessors to assist the Compensation Board. PAGENO="0056" 50 AIR LAWS AND TREATIES OF THE WORLD (4.) At least one of the assessors appointed to assist the Board or, where only one assessor is appointed, that assessor, shall be a person who is not otherwise in the. employ of the Commonwealth or an authority of the Commonwealth. (5.) There may be paid to any member of the Compensation Board and to any assessor such remuneration (if any) for his services and such travelling allowances (if any) as the Minister directs. (6.) Where, during or after the hearing of any claim, the Chairman, or either of the other members of the Compensation Board, is unable on account of death, illness or otherwise to proceed with the hearing or determination, the remaining members may continue with the hearing and determination, or the determination, as the case may be. (7.) A member who has been absent during any part of the hearing of a claim shall not be eligible to take any further part in the hearing and determination of that claim. (8.) If the Commission and the claimant consent, the Chairman of the Compensation Board may sit alone for the hearing of any claim, and in any such case the determination of the Chairman shall be of the same force and effect as if it were the determination of the Board. Deputies. 51.-(1.) The Minister may appoint a person (including a member of the Board) to be the Deputy Chairman of the Compensa- tion Board during any absence of the Chairman. (2.) The Minister may appoint a person to be the Deputy of any member (other than the Chairman) of the Compensation Board during any absence of the member, or at any time when the member is acting as Deputy of the Chairman of the Board. (3.) A person appointed under this section shall, while acting as Deputy, have all the powers andperform all the functions of the member of the Board for whom he is the Deputy, and any reference in this Act to a member of the Board shall be read as including a reference to the Deputy of a member so acting. (4.) It shall not be necessary for a person appointed under this section to have any qualification Possessed by the member of whom he is appointed to be the Deputy. Claims for 52.-(1.) Any person who suffers loss or damage by reason of compensation, any acquisition of property under Part III. of this Act or by reason of the application of section forty-six of this Act to an airline licence, shall, subject to this section, be paid such compensation as is determined by agreement between the Commission and the person concerned. Inserted by (1A.) An agreement under the last preceding sub-section shall No.90, ~ be subject to the approval of the Minister. PAGENO="0057" AIR LAWS AND TREATIES OF THE WORLD 51 (2.) In the absence of any such agreement, the person suffering any such. loss or damage may, within six months after the acquisi- tion or application of section forty-six of this Act on which the claim is based or within such further period as the Commission allows, make a claim in writing to the Commission for compensation. (3 ) A cl~nm foi compensation undei this section shall state- (a) the amount of compensation claimed; (b) the nature of the interest on which the claim is founded; (c) whether the claimant is aware of any, and if so what, interests in the property or airline licence vested in any other pcrson; and (d) the claimant's aildress for service of notices. (4.) Where any person referred to in sub-section (2.) of this section has failed to make, within the period specified in that sub- section, a claim for compensation under this section, he may, notwithstanding the expiration of that period, apply to the High Court for leave to make a claim. (5.) If the Court is satisfied that the failure to make a claim within that period was due to lack of knowledge of the acquisition or of the application of section forty-six of this Act to the airlin~ licence or to a mistake or other reasonable cause, the Court may grant him leave to make a claim within such period as is specified by the Court. (6.) An application to the Court for leave under this section may be made to and determined by a single judge of the Court, sitting as or for the Court or in chambers, and the powers, practice and procedure of the Court in the application shall be as nearly as may be in accordance with its powers, practice and procedure in interlocutory applications in civil actions or suits. 53.-(1.) Where a claim for compensation is made in pursuance Det~mInation of the last preceding section, the CommissioR shall, as soon as practicable, serve on the claimant either by post at the address given in the claim or personally, a notice stating- (el the amount of compensation w-hich it considers reason- able; or (1i~ that, iii its opinion, the claimant is not entitled to any compensation, as the ease may be. (2.) Where a notice in pursuance of paragraph (a) of the last preceding sub-section is served on the claimant, it shall `~e deemed to be an offer accepted by the claimant in full satisfaction of all claims for loss or damage suffered by reason of the acquisition or of the application of section forty-six of this Act to the airline licence, and the amount shall be payable to him by the Commission according to the tenor of the notification, unless, within one month or such further period as the Minister allows after receipt of the PAGENO="0058" AIR LAWS AND TREATIES OF THE WORLD 52 notice, he requests the Commission, by notice served either by post at the address given in the notice served on the claimant or personally, to refer the claim to the Compensation Board. (3.) Where a notice in pursuance of paragraph (b) of sub- section (1.) of this section is served on the claimant, he shall be deemed to have abandoned his claim for compensation and shall not have any right of action in respect of the subject-matter of the claim, unless, within one month or such further period as the Minister allows after the receipt of the notice, he requests the Commission, by notice served either by post at the address given in the notice served on the claimant or personally, to refer the claim to the Compensation Board. (4.) If a notice in pursuance of sub-section (1.) of this section is not served on the claimant within two months after he makes a claim under the last preceding section, the claimant may by notice served by post or personally request the Commission to refer the claim to the Compensation Board. (5.) Where the Commission has been requested to refer a claim to the Compensation Board, the Commission shall as soon as practic- able forward the claim to the Compensation Board, together with a notice stating the address at which notices may be served by the Board on the Commission. - Assessment by 54.-(1.) Where the Commission refers a claim to the Compen- Compensation Board. sation Board, the Board shall assess the compensation, if any, which it thinks just, and shall, as soon as practicable, serve- (a) on the Commission, by post at its address for service; and (b) on the claimant, either personally, or by post at the address given in the claim, or at his last-known place of abode or business, a notice stating the compensation so assessed. (2.) Subject to the next succeeding section the compensation so notified shall be deemed to be accepted by the claimant in full satis- faction of all claims for loss or damage suffered by reason of the acquisition or the application of section forty-six of this Act out of which the claim arose, and shall become payable to him by the Commission according to the tenor of the notification. Applications 55.-(1.) If either the Commission or the claimant is dis- for reView, satisfied with the assessment of the Compensation Board, the Commission or the claimant may, within one month after receipt of the notice of the assessment of the Board, apply to the High Court for a review of the assessment. (2.) An application under the last preceding sub-section shall be made in writing to the Principal Registrar or a Deputy Registrar of the Court, and shall be accompanied by a true copy of the application for endorsement and service. PAGENO="0059" AIR LAWS AND TREATIES OF THE WORLD 53 (3.) Upon receipt of the application, the Principal Registrar or the Deputy Registrar shall appoint a time for the hearing of the application, and shall endorse on the true copy of the application the place and time of hearing and return it to the applicant. (4.) The applicant shall, not less than one month before the day fixed for the hearing, serve on the other party (in this section referred to as "the respondent") in accordance with the practice of the Court relating to service of writs or summonses, the endorsed copy of the application. (5.) Upon the day fixed the Court may, on proof of due service of the copy of the application, or if the respondent appears to contest the application, proceed to hear the application, and to determine whether any compensation is payable and, if so, the compensation which it thinks just, and may make an order for payment by the Commission of the compensation so determined. * (6.) The Court may, in any review under this section, award such costs as it thinks fit. (7.) In any matter not provided for in this Part the powers, practice and procedure of the Court shall be as nearly as may be in accordance with the powers, practice and procedure of the Court in civil actions or suits. 56. In determining the compensation (if any) payable under Limitationof this Part in respect of loss or damage suffered by reason of the application of section forty-six of this Act to any airline licence, 10~ ~iO, 1947, the Commission, the Minister, the Compensation Board or the High Court shall not have regard to any matter arising, or which might have arisen, out of anything done or expected to be done in or in relation to any period after the date on which, but for the application of that section to the licence, it would (if not renewed) have expired by effluxion of time. 57. In any case where compensation, or part of the compensa- Interest on compensation. tion, has not been paid within three months after the loss or damage in respect of which the compensation is payable was suffered, the Commission may, if in its discretion it thinks fit, authorize the payment of interest at such rate (not exceeding four per centum per annum) as it determines on, the compensation or part of the compensation for the period commencing three months after that loss or damage was suffered and ending on the date of payment. 58. No action, other than an action for the recovery of corn- Other rights of pensation determined by agreement or in pursuance of this Part, action barred. shall be maintained against the Commonwealth or the Commission or any other person in respect of any acquisition of property under Part Ill, or the application of section forty-six of this Act to any airline licence. PAGENO="0060" 54 AIR LAWS AND TREATIES OF THE WORLD Rules. 59.-(1.) The Governor-General may make rules as to the con- duct of the proceedings of the Compensation Board and, in particular, as to- (a) the summoning and examination of witnesses and the production of books, documents and papers; (b) the administration of oaths and affirmations; (c) the protection of members of the Board and of.witnesses summoned to attend or appearing before it; (d) the appearance or representation before the Board of the claimant and of the Commission; and (c) the fees payable to witnesses. (2.) The Acts Interpretation Act 1901-1941 shall apply to rules made under this section in like, manner as it applies to regulations. PART VT-PENALTIES AND PROCEDURE. Recovery of 60. If on demand any person fails to pay the fares or charges due to the Commission in respect of any service rendered by the Commission, the Commission- (a) may detain and sell all or any of the. goods of the person which are in his possession, and out of the moneys arising from the sale retain the fares or charges so payable, and all charges and expenses of the detention, and shall render the surplus, if any, of the moneys arising by the sale and such of the goods as remain unsold, to the person entitled to that surplus; or (b) may recover the fares and charges in any court of com- petent jurisdiction. Damage to be 61. If any person inflicts through any act neglect or default made good in . . addition to whereby he has, on conviction, incurred any penalty imposed by this penalty. or any other Act, any damage upon any aircraft or other property vested in the Commission he shall be liable to pay that damage in addition to the penalty, and the amount of that damage shall be determined by the court by which he. was convicted. Arrest of 62.- (1.) Any officer, employee or agent of the Commission and offen era, any person called by him to his assistance may seize and detain any person who has committed any offence against the provisions of this Act and whose name and residence are unknown to the officer, employee or agent, and may, without any warrant or other authority than this Act, convey him with all convenient despateh before a court of summary jurisdiction. (2.) The court may proceed with all convenient despatch to the hearing and determination of the complaint against the offender. (3.) Notwithstanding anything contained in any other Act, any justice or justices of the peace of a State sitting at any place as a court for the summary punishment of offences under the law of the PAGENO="0061" AIR LAWS AND TREATIES OF THE WORLD 55 State shall, at that place, have jurisdiction to hear and determine the complaint against an offender who is seized and detained under this section and who cannot be brought before a Police, Stipendiary or Special Magistrate within seventy-two hours after he has been brought to that place for the purpose of the hearing and determina- tion of the complaint, or, if he was seized at that place, within seventy-two hours after he was so seized. 63. All actions against the Commission or against any person Limitation of lor or arising out of anything done or purporting to have been ~lons against ilone under this Act, shall be commenced within six months after Commission. the act complained of was committed. 64.-(1.) No action against the Commission or any person for Notices of or arising out of anything done, or purporting to have been done, ~ action and by it under this Act- of lntCfl(lCd (a) shall be maintainable unless, as soon as practicable after action. the occurrence of the cause of action, notice of the occurrence of the cause of action has been delivered to the Commission or the person or at the office of the Commission or the person by or on behalf of the person bringing the action; or (b) shall be brought until one month, at least, after a notice in writing of the intended action has been delivored to the Commission or the person, or left at the office of the Commission or the person, by the party intend- ing to commence the action, or by his attorney or agont~ Provided that the want of, or any defect or inaccuracy in, the notice specified in paragraph (a) of this sub-section shall not be a bar to the maintenance of an action if it is found that the Com- mission or person is not or would not, if a notice were then given and the he4iring postponed, be prejudiced in its or his defence by the want of, or the defect or inaccuracy in, the notice, or that the want of, or defect or inaccuracy in, the notice was occasioned by mistake or other reasonablo cause. (2.) The notice of the intended action shall clearly and explicitly state the cause of action and the court in which it is intended to be brought, and upon the back of the notice shall be endorsed the name and place of abode of the party so intending to sue, and also the name and place of abode or of business of the attorney or agent, if the notice was served by the attorney or agent. PART VII -MISCELLANEOUS 65.-(1.) Upon the occurrence of any accident in connexion Medi~I with the operation of an~ air service, the Commission may require ~ ~ of any person, who, in the opinion of the Commission, may have been ~ accident. PAGENO="0062" 56 AIR LAWS AND TREATIES OF THE WORLD injured in the accident, to be examined at the cost of the Commis- sion by one or more duly qualified medical practitioners nominated by the Commission and, unless the examination would thereby be delayed for a period of at least twenty-four hours, the person may require that the examination shall take place in the presence of a medical practitioner to be nominated and paid by the person. (2.) If any person refuses or fails to undergo examination in accordance with the provisions of the last preceding sub-section, no damages or compensation shall be recoverable against the Com- mission in respect of personal `injury to that person arising out of the accident unless he satisfies the court in which the action is brought that- (a) his refusal or failure to undergo examination was reasonable in the circumstances; or (b) the Commission is not prejudiced in its defence by the refusal or failure of the person to undergo examina- tion. Limit of 66. Subject to the barriage by Air Act 1935, in any action for brought against the Commission to recover damages or compensa- injury. tion in respect of personal injury, the court or jury shall not find or assess nor shall judgment be given or entered for the plaintiff for any amount of money exceeding the amount following, that is to say:- If the personal injury results in death, Two thousand pounds; If the personal injury results in permanent disablement, Two thousand pounds; If the personal injury results in temporary disablement, One thousand pounds. Application 67. The Commonwealth Employees' Compensation Act oonweaPh 1930-1944 shall apply to employees of the Commission as if they were employees within the meaning of that Act. Act 1930-1944. Insurance. 68. The Commission may enter into such contracts, agreements or arrangements as it thinks fit for the purpose of insuring, against the risks of injury, loss or damage from accidents occurring in con- nexion with the. operation of air services, passengers or goods carried or about to be carried by aircraft engaged in those air services. ny-laws. 69.-(1.) The Commission may make by-laws, not inconsistent with this Act, prescribing matters providing for or in relation to- (a) the operation of the air services, and the conditions * governing the performance of any service which the Commission may under this Act carry out or `authorize; PAGENO="0063" AIR LAWS AND TREATIES OF THE WORLD 57 (b) the protection and preservation of property of, or in the custody or under the control of, the Commission; (c) the maintenance of order in connexion with the opera- tion of the air services; (d) the disposal of unclaimed goods in the possession of the Commission; (e) the prohibition of any interference with the air services or any property of the Commission or of any inter- ference with or obstruction of any officer or employee of the Commission; (f) the limitation of the liability of, and the conditions governing the making of claims upon. the Commission in respect of any damage to or loss of any goods; and (g) the provision of penalties not exceeding Fifty pounds or imprisonment for any period not exceeding three months for the breach of any by-law. (2.) No by-law shall have any force or effect until it has been- (a) approved by the Governor-General; and (b) published in the Gazette. (3.) By-laws shall be deemed to be Statutory Rules within the meaning of the Rules Publication Act 1903-1941. (4.) Sections forty-eight and forty-nine of the Acts Interpreta- tion Act 1901-1941 shall apply to by-laws in like manner as they apply to regulations. 70. The Governor-General may make regulations, not incon- uegulatlonB. sistent with this Act, preseri~ing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act, and in particular for prescribing penalties not exceeding a fine of Fifty pounds or imprisonment for any period not exceeding three months, or both, for breaches of the regulations. PAGENO="0064" PAGENO="0065" OIVIL AVIATION AGREEMENT. No. 100 of 1952. An Act to approve an Agreement made between the Commonwealth and Australian National Airways Proprietary Limited, and for purposes connected therewith. [Assented to 18th November, 1952.] BE it enacted by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows 1. This Act may be cited as the Civil Aviation Agreement Act Short title. 1952. 2. This Act shall come into operation on the day on which it Commencement. receives the Royal Assent. 3. The agreement made between the Commonwealth and Approval of Australian National Airways Proprietary Limited, being the agree- agreement. ment a copy of which is set forth in the Schedule to this Act, is approved. 4. The Commonwealth may give such guarantees, and make such G~anteea advances on loan, as are provided for by the agreement referred to and advances. in the last preceding section. 5. The Australian National Airlines Commission constituted under Aimtr~uan the Australian National Airlines Act 1945-1947 shall do all such ~ things as the agreement referred to in section three of this Act provides that the Commission will do. agreement. 59 67717 O-~61------5 PAGENO="0066" 60 AIR LAWS AND TREATIES OF THE WORLD THE SCHEDULE. Section 3. AN AGREEMENT made the twenty-fourth day of October, One thousand nine hundred and fifty-two BETWEEN the COMMONWEALTH OF AUSTRALIA (in this agreement called "the Commonwealth ") of the one part and AUSTRALIAN NATIONAL AIRWAYS PROPRIETARY LIMITED, a company incorporated under the laws of the State of Victoria relating to companies and whose registered office is situated at 390 Flinders Street Melbourne in the said State (in this agreement called "the Company ") of the other part: WHEREAS the Australian National Airlines Commission constituted under the Av-stralian National Airlines Act 1945-1947 of the Commonwealth (in this agreement called "the Commission ") and the Company are the major operators of airline services in Australia for the transport of passengers and goods: AND WHEREAS in order to facifitate trade and commerce among the States, provide for the efficient carriage of mail by air within Australia and assist the defence of the Commonwealth it is expedient in the opinion of the Commonwealth to make provision for the purpose of ensuring- (a) the continued existence of the Company, as well as of the Commission, as an operator of airline services within Australia; (h) the maintenance of competition between the Commission and the Company; and (c) the efficient and economical operation of air services within Australia: AND WHEREAS for the attainment of those purposes it is necessary to make arrangements for the operation of air services within Australia and to provide assistance to the Company in manner provided in this agreement: NOW IT IS HEREBY AGREED by and between the parties to this agreement as follows :- &pI~roval by 1. This agreement shall have no force or effect and shall not be binding on either Paruament. party unless and until it is approved by the Parliament of the Commonwealth. Commencement. 2. This agreement shall commence and come into full force and effect upon the date upon which it is so approved. Financial 3.-(1.) Subject to this clause, the Commonwealth will, at the request of the auistanoe. Company, guarantee the repayment to the Commonwealth Bank of Australia of a loan or loans not exceeding in all the sum of Three million pounds (f3,000,000) to be made by that bank to the Company for the purchase of not more than six heavy aircraft of the Vickers "Viscount" or other type required by the Company for use in its air services within Australia together with necessary spare engines, spare parts and accessories for those aircraft. (2.) If, after the commencement of this agreement, the Commission is authorised to purchase new or second-hand heavy aircraft, the Commonwealth will facifitate the borrowing of such amount as may be required by the Company for the purchase of an equal number of heavy aircraft comparable in type and price to those authorised for purchase by the Commission, provided always that the total of all amounts borrowed by the Company in accordance with sub-clause (1.) of this clause and this sub-clause and not repaid shall not at any one time exceed the sum of Four miffion pounds (f4,000,000). (3.) In this clause," facilitate "means :- (a) that, in the event of the Company being unable otherwise to borrow upon reasonable terms and conditions the money required to purchase the aircraft referred to in sub-clause (2.) of this clause, the Commonwealth will guarantee the repayment of a loan of such amount as may be required to effect the purchase; and (b) that, in the event of the Company being unable to obtain that loan, the Commonwealth wifi advance the amount on loan, as and when required, on terms and conditions (including security) substantially the same as those that would have applied had the loan been available on bank overdraft guaranteed in accordance with this clause. (4.) A guarantee by the Commonwealth in accordance with this clause shall be in such form as the Treasurer shall approve and shall be given only if- (a) the moneys are borrowed upon reasonable terms and conditions; (b) proper security is taken by the lender over the aircraft, spare engines, spare parts and accessories purchased by the Company with those moneys; an PAGENO="0067" AIR LAWS AND TREATIES OF THE WORLD 61 THE SCHEDuLE-continued. (c) the benefit of all security so taken will be transferred to the Commonwealth in the event of the Commonwealth being called upon to make payment under the guarantee. (5.) No guarantee shall be given by the Commonwealth under this clause in respect of, nor shall any then existing guarantee apply to, any moneys borrowed by the Company after the expiration of a period of ten years from the date of the commencement of this agreement nor shall any advance be made by the Common- wealth to the Company under this clause after the expiration of that period. (6.) The Company will make all arrangements necessary to ensure that, upon the expiration of that period of ten years, all amounts borrowed by it and secured by a guarantee by the Commonwealth, or advanced by the Commonwealth, in pursuance of this clause, together with all interest payable thereon, will be repaid by regular payments in the shortest time practicable, but in any event before the expiration of the period of this agreement. (7.) In the event of any default by the Company in the repayment of monies secured by a guarantee, or advanced by the Commonwealth in pursuance of this clause, the Commonwealth shall thereupon be under no obligation to give any further guarantee or to facilitate the raising of any further borrowings by the Company pursuant to this clause. (8.) The Company will- (e) insure and keep insured against all risks against which it is customary to insure, and to their full insurable value, all aircraft and other assets securing the repayment of moneys borrowed in accordance with this clause; and (b) in the event of any amount becoming payable by the Commonwealth under any guarantee given by it, repay to the Commonwealth upon demand the amount so paid by the Commonwealth. 4.-(l.) The Company wifi pay to the Commonwealth within one year from the Air route date of the commencement of this agreement, and the Commonwealth will accept, charges. the sum of Three hundred and thirty-seven thousand seven hundred and seventeen pounds six shillings (f337,717 .6.0) in full satisfaction of all claims by the Common- wealth against the Company for air route charges in respect of the period commencing on the first day of August One thousand nine hundred and forty-seven and ending on the thirtieth day of June One thousand nine hundred and fifty-two. (2.) Upon the payment by the Company to the Commonwealth of the sum of Three hundred and thirty-seven thousand seven hundred and seventeen pounds six shillings (f337,717 .6.0) referred to in sub-clause (1.) of this clause, the Commonwealth wifi take steps to discontinue the action instituted by the Commonwealth against the Company in the High Court of Australia by Writ of Summons No. 7 of 1948. (3.) In respect of the period commencing from the first day of July One thousand nine hundred and fifty.two and ending on the date of the expiration of this agreement, the air route charges charged to the Company by the Commonwealth shall not, subject to this clause, exceed one-half of the charges set forth in Air Navigation Order Part 99 dated the twenty-seventh day of May One thousand nine hundred and forty-nine, as amended on the first day of August of that year, unless and except to the extent that an increase becomes necessary because of the provision of additional or improved facilities and services or because of higher costs of maintaining and operating facilities and services. (4.) In the event of the use of routes not specified in the Appendix to that Order, the additional amounts charged in respect of those routes shall be proportionate to one-half of the charges specified in that Order, increased if necessary in accordance with sub-clause (3.) of this clause. (5.) Nothing in this clause shall prevent the Commonwealth from imposing air route charges by whatever legislative means and on whatever basis of calculation it thinks fit which will produce substantially the same aggregate amount over the period referred to in sub-clause (3.) of this clause as the charges calculated in accordance with that sub-clause, increased if necessary in accordance with that sub-clause, together with the additional amounts charged in respect of new routes in accordance with sub-clause (4.) of this clause, would produce. 5.-(1.) In providing for the carriage of mail by air, the Commonwealth will take ~&jr Mall. all steps necessary to assure to the Company during the continuance of this agreement, subject to the Company providing efficient services with suitable time-tables in PAGENO="0068" 62 AIR LAWS AND TREATIES OF THE WORLD THE SCHEDULE-continued. accordance with the requirements of the Postmaster-General, a share of the air mail carried on the routes over which both the Commission and the Company operate air services substantially equal to the Commission's share of that mail. (2.) The rates payable to the Company for the carriage of that mail shall be the same as the rates paid to the Commission. (3.) Nothing in this clause affects the obligation of the Company to comply with and observe all the terms and conditions of any contract with the Commonwealth in respect of the carriage of that mail. Government 6. The Commonwealth agrees to take all steps necessary to ensure that during the Business, continuance of this agreement business transacted on Commonwealth Government warrant in respect of the carriage whether of passengers or of freight is freely available to both the Commission and the Company and that the holder of a Government warrant has a free option as to the service he will use. Rationalization 7.-(l.) The Commission and the Company will take immediate steps to review of Services, and will keep under review at all times during the continuance of this agreement, air routes, time-tables, fares and freights and other related matters in respect of routes on which both the Commission and the Company are operating services at the date of the commencement of this agreement, so as to avoid unnecessary over- lapping of services and wasteful competition, to provide the most effective and economical services with due regard to the interests of the public and to bring earnings into a proper relation to overall costs. (2.) If the Commission and the Company are unable to agree on any matter arising under sub-clause (1.) of this clause, a representative of the Commission and a representative of the Company will confer together upon that matter under the Chairman and, if the Commission and the Company are unable to agree, the Chairman shall himself decide the matter in dispute between the Commission and the Company. (3.) The Commission and the Company will, upon being required so to do by the Chairman, furnish or produce to him all information, documents, books, papers and accounts which he considers necessary to enable him to make a decision on any matter arising under this clause. (4.) The Commission and the Company will each abide by and accept any decision which is made by the Chairman on any matter arising under this clause on which they are unable to agree, and will give effect to the decision and not take any steps which are inconsistent with the decision. (5.) Nothing in this clause requires or permits the Commission or the Company to act in any manner inconsistent with the Air Navigation Act l9~O-195O or with the regulations in force under that Act. Hire or 8.-(l.) The Commission and the Company will each- P~rcrh~e of (a) prior to purchasing or hiring an aircraft from the Commonwealth or any authority of the Commonwealth or any corporation in which the Common. wealth has an interest which is available for purchase or hire, apply to the Chairman for a certifibate of approval; (b) not purchase or hire any such aircraft without a certificate of approval of the Chairman; (c) if either of them purchases such an aircraft without a certificate of approval of the Chairman, sell to the other forthwith on demand, at a price in all respects the same as the price paid in respect of the purchase, the aircraft so purchased. (2.) Nothing in this clause shall prevent either the Commission or the Company hiring an aircraft temporarily to meet emergency requirements. Certificates of 9.-(1.) The Chairman shall grant certificates of approval under clause 8 upon approval, application so that available aircraft shall be equally divided between the Commission and the Company. (2.) In the event of an odd number of aircraft being available, the Chairman shall determine whether the Commission or the Company may purchase the odd aircraft. (3.) In arriving at his determination under the last preceding sub-clause, the Chairman shall have regard to the comparative aircraft strength of the Commission and the Company at the time, and shall determine the matter so that relative strength is, most nearly maintained. PAGENO="0069" AIR LAWS AND TREATIES OF THE WORLD 63 THE SCHEDULE-Continued. (4.) Should additional aircraft become subsequently available for purchase or hire, the Chairman shall grant a certificate as to the first aircraft so available to whichever of the Commission or the Company was last previously granted a certificate for a lesser number and that one of them shall be the next recipient of a certificate for the greater number when an odd number of aircraft is again available for purchase ~r hire. lO.-(1.) The Commonwealth will not exercise any of its powers under or by Pxerclse of uirtue of an Act, including a power to make regulations, so as to discriminate against Cotnxnonwe<h powers. the Company. (2.) The Commonwealth will during the continuance of this agreement accord to the Company substantially equal treatment with the Commission in relation to the grant of import licences and the allocation of airport facilities. l1.-(1.) The Company undertakes that, during the continuance of this agree. Undertakings mont- by Company. (a) unless otherwise agreed by the Commonwealth, it will retain for use in its air services within Australia all aircraft, spare engines, spare parts and accessories purchased with monies borrowed by the Company in accordance with clause 3 of this agreement and all aircraft purchased or hired by the Company in accordance with the provisions of clauses 8 and 9 of this agreement; (b) it wifi not sell, mortgage or otherwise charge those aircraft without the consent of the Commonwealth; and (c) it will maintain and operate efficient air services for the transport of passengers and goods within Australia and will conduct its operations in a businesslike and economical manner. (2.) In the event of- (a) the Company failing to contply with or observe any of its obligations under sub-clause (1.) of this clause; (b) an order being made for the winding-up of the Company other than, voluntarily for the purposes of reconstruction; (c) the Company assigning this agreement without the prior consent in writing of the Commonwealth, the Commonwealth ma~, at its option, by notice in writing to the Company, determine this agreement and, subject to sub-clause (3.) of this clause, the Commonwealth and the Commission shall thereupon be released from each and every of their respective obligations under or pursuant to this agreement. (3.) The determination of the agreement under sub-clause (2.) of this clause- (a) shall not prejudice any rights of the Commonwealth under the agreement which have accrued up to the date of determination; and (b) shall not affect any guarantee given by the Commonwealth before the date of determination, but the Company shall immediately repay to the Commonwealth the amount of any loan advanced by the Commonwealth in accordance with clause 3 of this agreement. 12.-(l.) If at any time during the continuance of this agreement the Common- State of wealth is involved in war or the Minister informs the Company that there is an emergency. immediate danger of the Commonwealth being so involved, the Company wifi, if requested so to do by the Minister, make available for use by the Commonwealth in such manner and for such time as the Commonwealth requires the whole or such part as may he required of its aircraft, spares, accessories, equipment, hangars, workshops, buildings and facilities. (2.) Subject to the next succeeding sub-clause, the Company shall be entitled to be paid such reasonable compensation for the use of its property under the preceding sub-clause as is determined by mutual agreement or in the absence of agreement by arbitration in accordance with the laws relating to arbitration in force in the State of Victoria. (3.) Nothing contained in this clause shall be deemed to affect the operation of any Act of the Commonwealth, or any regulation, rule, order or other instrument made under or by virtue of an Act, or any other law, relating to the acquisition or requisition of property in time of war or national emergency. F.5076.-2 PAGENO="0070" 64 AIR LAWS AND TREATIES OF THE WORLD THE SCHEDULE-Continued. Supply of 13. During the continuance of this agreement, the Company wifi furnish to the Information. Minister, at the end of each of its financial years, a copy of the duly audited profit and loss account and balance sheet of the Company for that year. ChaIrman. 14. The Chairman referred to in clauses 7, 8, and 9 of this agreement 8hall be an independent person appointed by agreement between the Commission and the Company or in default of agreement shall be a retired Justice of the High Court of Australia or of the Supreme Court of a State appointed by the Minister. Legislation. 15. The Commonwealth will introduce in the Parliament of the Commonwealth such legislation as is necessary to ensure that the Commission will do all such things as this agreement provides that the Commission will do. Parlod of 16. This agreement shall continue in force for fifteen (15) years from its agreement. commencing date. NotIces. 17. Any notice or other communication to be given or served by the Common. wealth on the Company under this agreement shall be in writing and shall be deemed to have been duly given or served if signed by or on behalf of the Minister and delivered at or sent by prepaid post addressed to the registered office of the Company and any notice or other communication to be given or served by the Company on the Commonwealth shall be in writingsigned by or on behalf of the Secretary of the Company and shall be deemed to have been duly given or served if delivered or sent by prepaid post to the Minister. 18. In this agreement, unless the contrary intention appears- "air route charges" means the amounts charged by the Commonwealth to owners of Australian aircraft engaged in regular public transport operations in respect of their use of aerodromes, and air route and airway facilities, meteorological services and the search and rescue service maintained and operated by the Commonwealth; "heavy aircraft" means aircraft of an all-up weight of not less than forty thousand pounds (40,000 lbs.); "the Minister" means the Minister of State for Civil Aviation of the Common- wealth, and includes any member of the Federal Executive Council for the time being acting for the Minister of State for Civil Aviation; "the Treasurer" means the Treasurer of the Commonwealth, and includes any member of the Federal Executive Council for the time being acting for the Treasurer. IN WITNESS whereof the parties have executed this agreement the day and year first hereinbefore written. SIGNED by the Right Honorable ROBERT GORDON) MENzIES, Prime Minister of the Common- L ROBERT MENZIES wealth, for and on behalf of the Common. wealth, in the presence of- G. J. YEEND (lIVEN under the Common Seal of AUSTRALIAN NATIONAL AIRWAYS PROPRIETARY LIMITED L S this 24th day of October, 1952 by order of the Board. Iv~e N. HOLYMAN. Director J. 0. DECLERCK. Secretary PAGENO="0071" INCOME TAX AND SOCIAL SERVICES CONTRIBUTION ASSESSMENT (AIR NAVIGATION CHARGES). No. 103 of 1952. An Act relating to the Assessment of Income Tax and Social Services Contribution in respect of Taxpayers affected by the partial Refund of, or the Settlement of Claims for payment of, Charges in respect of Commonwealth Air Navigation Facilities and Services. [Assented to 18th November, 1952.] [Date of commencement, 16th December, 1952.] BE it enacted by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows 1. This Act may be cited as the Income Tax and Social Services Short title. Contribution Assessment (Air Navigation Charges) Act 1952. 2. In this Act, "air navigation charges" means charges in respect Definition. of Commonwealth air navigation facilities and services imposed, or purported to have been imposed, under the Air .Navigation Act 1920-1947, or under that Act as amended, being charges that became payable, or purported to become payable, in relation to operations conducted before the first day of July, One thousand nine hundred and fifty-two, in the course of carrying on a business. 65 PAGENO="0072" 66 AIR LAWS AND TREATIES OF THE WORLD Application 3. This Act applies to a person where air navigation charges were, or purported to be, payable by that person, and- (a) that person has paid or agreed to pay an amount to the Commonwealth, being an amount which the Common- wealth has accepted or agreed to accept in full satisfaction of claims by the Commonwealth against that person for those air navigation charges or for so much of those air navigation charges as has not previously been paid; or (b) that person has paid the whole or a part of those air navigation charges and has received or is entitled to receive, or has been credited with. or is entitled to be credited with, an amount by way of refund or rebate of a part of the amount so paid. S3~Vt 4.-(1.) For' the purposes of the application of the Income Tax whom Act Assessment Act 1936-1948, or of that Act as amended, in relation to ~ ~ a taxpayer, being a person to whom this Act applies- (a) if paragraph (a) of the last preceding section applies to the taxpayer-the taxpayer shall be deemed to have incurred air navigation charges of an amount equal to the sum of the amount referred to in that paragraph paid or agreed to be paid to the Commonwealth and the amount (if any) previously paid for air navigation charges, and shall be deemed not to have incurred any other air navigation charges; (b) if paragraph (b) of the last preceding section applies to the taxpayer-the taxpayer shall be deemed to have incurred air navigation charges of an amount equal to the amount remaining after deducting from the amount of air navigation charges paid the amount of the refund or rebate, and shall be deemed not to have incurred any other air navigation charges; and (c) notwithstanding that deductions from assessable income in respect of air navigation charges have been allowed or were allowable to the taxpayer before the commencement of this Act, deductions from assessable income in respect of the amount of air navigation charges which, under the preceding paragraphs of this sub-section, the taxpayer is to be deemed to have incurred shall be allowable (in lieu of any deductions that have been so allowed or were- so allowable), and those deductions shall be allowable in such amounts, and in respect of such of the years of income in which air navigation charges became, or purported to become, payable, as the Commissioner determines. PAGENO="0073" AIR LAWS AND TREATIES OF THE WORLD 67 (2.) An amount received by, or credited to, a taxpayer by way of refund or rebate of air navigation charges, or an amount of air navigation charges from the payment of which he is released, is not assessable income of the taxpayer for the purposes of the Income Tax and Social Services Contribution Assessment Act 1936-li~52. 5. For the purposes of this Act, an amount recovered by the Amounts Commonwealth from a person by execution of a judgment shall be ~w~th deemed to have been paid to the Commonwealth by the person. ~rlto be 6. Notwithstanding anything contained in section one hundred Amendment of and seventy of the Income Tax and Social Services Contribution assessments. Assessment Act 1936-1952, or in section one hundred and seventy of the Income Tax Assessment Act 1936-1949 in its application in relation to assessments made under the Social Services Contribution Assessment Act 1945-1948, or under that Act as amended, each of those sections shall be deemed to confer on the Commissioner of Taxation, and on any officer to whom the Commissioner has delegated powers under the section, power to amend an assessment at any time by reason of the operation of this Act. PAGENO="0074" PAGENO="0075" APSTRAT~IAN NATIONAL AIRLINES. No. 105 of 1956. An Act to amend the Australian NationalAirlines Act 1945-. 1952 in relation to the Employment of Persons by the Australian National Airlines Commission, [Assented to 15th November, 1956.] BE it enacted by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows :- 1.-(1.) This Act may be cited as the Australian National Airlines 8hc~t titi. Act 1956. ~Iid eltetlo'. (2.) The Australian National Airlines Act 1945_1952* is in this Act referred to as the Principal Act. (3.) The Principal Act, as amended by this Act, may be cited as the Australian National Airlines Act 194 5-1956. 2. This Act shall be deemed to have come into operation on the commencement. twenty-third day of October, One thousand nine hundred and fifty-six. * Act No. 31, 1945, as amended by No. 90, 1947; and No. 102, 1952.. 69 PAGENO="0076" 70 AIR LAWS AND TREATIES OF THE WORLD 3. After section eighteen A of the Principal Act the following section is inserted in Division 1 of Part II. Public Service "18B. The Public ~Servjce Arbitration Act 1920-1956 (Toes not ~ apply in relation to the employment of officers or employees of the Commission.". Saving ~ 4. Notwithstanding the amendment made by this Act- ~~nations (a) if immediately before the date of commencement of this Act, any proceedings instituted under the Public Service Arbitration Act 1920-1956 in relation to the employment of officers or employees of the Australian National Airlines Commission had not been finally determined, those proceedings ma~y be continued, heard and determined, and any application, reference or appeal under that Act in connexion with those proceedings may be made or continued, and heard and determined, as if this Act had not been enacted; and (b) any determination or order which was in force under the Public Service Arbitration Act 1920-1956 immediately before the date of commencement of this Act and applied in relation to the employment of officers or employees of the Australian National Airlines Commission, and any determination or order resulting from proceedings referred to in the last preceding paragraph, continues to apply or applies as if section eighteen B had not been inserted in the Principal Act, but is subject to any award, order, determination or agreement made under any other Act after the commencement of this Act, or -after the making of that determination or order, whichever is the later. PAGENO="0077" AIR NAVIGATION (CHARGES) ACT 1952~1957.* An Act relating to Charges in respect of Common- wealth Air Navigation Facilities and Services. BE it enacted by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Common- wealth of Australia, as follows:- 1. This Act may be cited as the Air Navigation (Charges) Short title. 4m 1952~I957.* No. 32, 1~91.$, s. 2. 2. In this Act, " Australia " includes all the Territories of the Definition. Commonwealth. 3. This Act applies throughout Australia. Application. 4. This Act binds the Crown in right of the Commonwealth Cro~ to be V bound. or of a State. V V 5. Charges are payable, in accordance with the Schedules to J~r navigation this Act, in respect of the use by aircraft of aerodromes, air route C arges. and airway facilities, meteorological services and search and rescue services maintained, operated or provided by the Commonwealth. 6.-( 1.) The Governor-General may make regulations, not Regulations. inconsistent with this Act, prescribing all matters which by this ~ Act are required or permitted to be prescribed, or which are 8.3. necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2.) The regulations may, in respect of a flight not specified in the Table in the First Schedule to this Act, prescribe a factor for the purposes of paragraph 4 of that Schedule. * The Air Navigation (Charges) Act 1952-1957 comprises the Air Navigation (Charges) Act 1952 as amended. Particulars of the Principal Act and of the amending Act are act out in the following table:- Number and Act. Year. Date of Date of Assent. Commencement. 18th November. 1952 16th December, 1952 V 12th December, 1957 I 1st January, 1958 V I Air Navigation (Charges) Act No. 101, 1952 1952 Air Navigation (Charges) Act I No. 87, 1957 1957 71 PAGENO="0078" 72 AIR LAWS AND TREATIES OF THE WORLD THE SCHEDULES. FIRST SCHEDULE. Section 5. 1.-(1.) Charges are payable, in accordance with this Schedule, by the holders of airline licences (including international airline licences), or of charter licences, under the Air Navigation Regulations. (2.) Charges are not payable by the holder of a charter licence except in respect of a flight made in the course of regular public transport operations, as defined by the Air Navigation Regulations. 2.-(1.) Charges are payable in respect of flights made between places in Australia by aircraft operated by the holders of licences referred to in the last preceding paragraph- (a) in the case of a flight in the course of the operation of an international air service-on or after the date of commencement of this Act; and (b) in any other case-on or after the first day of July, One thousand nine hundred and fifty-two. Added by (2.) This paragraph applies in relation to a flight commencing and ending at the No. 87, 1957, one place in Australia without a landing at any other place in like manner as it applies in relation to a flight between places in Australia. 3. For the purposes of the last preceding paragraph, a flight between two places by way of an intermediate stopping place (not being Canberra, Port Moresby or the capital city of a State) or by way of intermediate stopping places (none of which is Canberra, Port Moresby or the capital city of a State) shall be deemed to be a flight between those two places. Sob-paragraph 4.-(l.) The amount of a charge payable under paragraph 2 of this Schedule is- ~y~No 87 1957 (a) in the case of a flight specified in the second column of the Table in this `.5. ` Schedule-the amount ascertained by multiplying the unit charge for the aircraft by which the flight is made by the factor specified in the third column of that Table opposite to that flight; (b) in the case of a flight in respect of which a factor is prescribed by the Regulations for the purposes of this paragraph-the amount ascer- tained by multiplying the unit charge for the aircraft t)y whic!i the flight is made by the factor so prescribed; and (c) in the case of any other flight-an amount equal to the unit charge for the aircraft. (2.) For the purposes of this paragraph- (a) a flight from the first-mentioned place in an item in the Table in this Schedule to the second-mentioned place in that item; and (b) a flight from the second-mentioned place in such an item to the first- mentioned place in that item, shall be deemed to be a ifight specified in the second column of that Table. 5. Where, in an item in the Table in this Schedule, reference is made to a flight between two places by way of another place, or by way of a particular route, that item applies in respect of a flight between those two places by way of that other place, or by way of that route, as the case may be. 6.-(1.) A charge is payable in respect of the landing in Australia of an aircraft operated by the holder of a licence referred to in paragraph 1 of this Schedule and arriving from a place outside Australia and a charge is payable in respect of the take-off of an aircraft operated by the holder of such a licence and departing to a place outside Australia. (2.) The amount of a charge payable under the last preceding sub-paragraph is the amount ascertained by multiplying the unit charge for the aircraft by eight. Substituted by 7.-(1.) The unit charge for an aircraft is- No. 87, 1957, (a) where the weight of the aircraft does not exceed 20,000 pounds-the sum of an amount calculated at the rate of Threepence three-farthings for each 1,000 pounds or part of 1,000 pounds of the weight of the aircraft and an amount equal to one-tenth of the amount so calculated; and (b) in any other case-the sum of an amount calculated at the rate of Five- pence farthing for each 1,000 pounds or part of 1,000 pounds of the weight of the aircraft and an amount equal to one-tenth of the amount so calculated. PAGENO="0079" AIR LAWS AND TREATIES OF THE WORLD 73 Fn~sT SCHEDULE-continued. (2.) In this paragraph, "weight ", in relation to an aircraft, means the maximum all-up weight of the aircraft as specified in the Certificate of Airworthiness for the aircraft. 8. A charge is not payable in respect of- (a) a flight in the course of a proving test of an aircraft or of its equipment; (b) a flight undertaken in connexion with the issue or renewal of a Certificate of Airworthiness; (c) a flight undertaken solely in connexion with the training or checking of a person as a member of the flight crew of an aircraft; (d) a route familiarization flight; or (e) such other ifights, or the flights included in such classes of flights, as the Minister or the Director-General of Civil Aviation determines, or in respect of the landing or take-off of an aircraft in the course of such a flight. 9. Charges under this Schedule are debts due to the Commonwealth and are Amended by payable- No. 87, 1957, (a) in the case of the charge in respect of a flight to which paragraph 2 of this ~ Schedule applies-upon the date of commencement of this Act or upon completion of that flight, whichever is the later; and (b) in the case of the charge in respect of the landing in Australia of an aircraft arriving from a place outside Australia or in respect of the take-off of an aircraft departing to a place outside Australia- immediately after that landing or take-off. Table of Flights. Table substituted ____________ by No. 87, 1957, First Column. Second Column. Third Column. a. 8. Item No. Flights. Factors. 1 Canberra-Adelaide .. .. .. .. 4 2 Canberra-Brisbane .. .. .. .. 5 3 Canberra-Darwin .. .. .. .. 10 4 Canberra-Melbourne .. .. .. .. 3 5 Canberra-Perth .. .. .. .. .. 12 6 Canberra-Sydney .. .. .. .. .. 7 Sydney-Adelaide .. . - .. .. .. 5 8 Sydney-Alice Springs .. .. .. .. 6 9 Sydney-Armidale.. .. .. .. .. 2 10 Sydney-Bairnsdale .. .. .. .. 3 11 Sydney-Baradine .. .. .. *. .. 2 12 Sydney-Bathurst .. .. .. .. .. 1 13 Sydney-Bourke .. .. .. .. .. 2 14 Sydney-Brewarrina .. .. ... .. 2 15 Sydney-Brisbane .. .. .. .. .. 4 16 Sydney-Broken Hill .. .. .. . 3 17 Sydney-Burren Junction .. .. *. .. 2 18 Sydney-Cairns .. .. .. .. .. 9 19 Sydney-Carinda .. .. .. .. .. 2 20 Sydney-Casino .. .. .. .. .. 2 21 Sydney-Charleville .. .. .. .. 4 22 Sydney-Coff's Harbour .. .. .. .. 2 23 Sydney-Collarenebri .. .. .. .. 2 24 Sydney-Coolah . .. .. *. .. 2 25 Sydney-Coolangatta .. .. .. .. 2 26 Sydney-Cooma .. .. .. .. .. 2 27 Sydney-Coonamble .. .. .. .. 2 28 Sydney-Cootamundra .. .. .. .. 2 29 Sydney-Corowa .. .. .. .. .. 2 30 Sydney-Cowra .. .. .. .. .. 1 31 Sydney-Cunnamulla .. .. .. .. 3 32 Sydney-Darwin .. .. .. . .. 11 33 Sydney-Deniliquin .. .. *. .. 2 34 Sydney-Dubbo .. .. .. *. .. 2 35 Sydney-Evans Head .. .. .. .. 2 PAGENO="0080" 74 AIR LAWS AND TREATIES OF THE WORLD Fntsr ScmtruLa-confjnued, First Column. Second Column. ThirdColwnn. ~Item No. Flights. Factors. 36 Sydney-Forster .. .. .. .. .. 1 37 Sydney-Glen Innes .. .. .. .. 2 38 Sydney-Goodooga .. .. .. .. 2 39 Sydney-Goondiwjndj .. .. .. .. 3 40 Sydney-Grafton .. .. .. .. .. 2 41 Sydney-Griffith .. .. .. .. .. 2 42 Sydney-Gunnedah .. .. .. .. 2 43 Sydney-Hay .. .. .. .. .. 2 44 Sydney-Hillston .. .. .. .. .. 2 45 Sydney-Hobart .. .. .. .. .. 6 46 Sydney-Inverell .. .. .. .. .. 2 47 Sydney-Kempsey .. .. .. .. .. 2 48 Sydney-Lae .. .. .. .. .. 14 49 Sydney-Lake Cargelligo .. .. .. .. 2 50 Sydney-Launceston .. .. .. .. 5 51 Sydney-Lord Howe Island.. .. .. .. 2 52 Sydney-Mallacoota .. .. .. 2 53 Sydney-Mildura .. .. .. .. .. 3 54 Sydney-Moree .. .. .. .. .. 2 55 Sydney-Moruya .. .. .. .. .. 1 56 Sydney-Mungindi .. .. .. 2 57 Sydney-Narrabri .. .. .. .. .. 2 58 Sydney-Narrandera .. .. .. .. 2 59 Sydney-Narromine .. .. .. .. 2 60 Sydney-Norfolk Island .. .. .. .. 2 61 Sydney-Nowra .. .. .. .. .. 1 62 Sydney-Nyngan .. .. .. .. .. 2 63 Sydney-Oakey .. .. .. .. .. 3 64 Sydney-Parkes .. .. .. .. .. 2 65 Sydney-Perth .. .. .. . .. 13 66 Sydney-Port Moresby .. .. .. .. 12 67 Sydney-Port Macquarie .. .. .. .. 2 68 Sydney-St. George .. .. .. 3 69 Sydney-Stanthorpe .. .. .. .. 3 70 Sydney-Tamworth .. .. .. .. 2 71 Sydney-Taree .. .. .. .. .. 1 72 Sydney-Temora .. .. .. .. .. 2 73 Sydney-Tocumwal .. .. .. .. 2 74 Sydney-Tooraweenah .. .. .. . 2 75 Sydney-Toowoomba .. .. .. .. 4 76 Sydney-Townsville .. .. .. .. 8 77 Sydney-Wagga Wagga .. .. .. 2 78 Sydney-Walgett .. .. .. .. .. 2 79 Sydney-Warren .. .. .. .. .. 2 80 Sydney-West Wyalong .. .. .. 2 81 Sydney-Wilcannia.. .. .. .. .. 2 82 Sydney-Williamtown .. .. .. 1 83 Sydney-Wollongong ** .. .. i 84 Brisbane-Barcaldine .. .. 3 85 Brisbane-Blackall .. .* .. 3 86 Brisbane-Bourke .. .. .. 3 87 Brisbane-Bowen .. .. .* 3 88 Brisbane-Bundaberg .. .. .. .. 1 89 Brisbane-Cairns .. .. .. .. .. S 90 Brishane-Charlevjlle .. .. .. .. 2 91 Brisbane-Clermont .. .. .* 3 92 Brisbane-Cloncurry .. .. .. .. 5 93 Brisbane-Coff's Harbour .. .. .. .. 2 94 Brisbane-Cunnamulla .. .. .. .. 2 95 Brisbane-Darwin .. .. .. .. .. 9 PAGENO="0081" 75 AIR LAWS AND TREATIES OF THE WORLD Fntsr Scstaruta-continued. First Column. Item No. Second Column. Flights. Third Column. Factors. 96 Brisbane-Daydream Island .. .. .. 3 97 Brisbane-Emerald .. .. .. .. 2 98 Brisbane-Evans Head .. .. .. .. 2 99 Brisbane-Gayndah .. .. .. .. 1 100 Brisbane-Gladstone ;. .. .. .. 1 101 Brisbane-Glen Innes .. .. .. .. 2 102 Brisbane-Goondiwindi .. .. .. .. 1 103 Brisbane-Grafton .. .. .. .. 2 104 Brisbane-Hayman Island .. .. .. .. 3 105 Brisbane-Heron Island .. .. .. .. 2 106 Brisbane-Horn Island .. .. .. .. 7 107 Brisbane-Innisfail .. .. .. .. 4 108 Brisbane-Inverell .. .. .. .. .. 2 109 Brisbane-Kingaroy .. .. .. .. 1 110 Brisbane-Lae .. .. .. .. .. 10 111 Brisbane-Lindeman Island .. .. .. .. 3 112 Brisbane-Longreach .. .. .. .. 4 113 Brisbane-Lord Howe Island .. .. .. 2 114 Brisbane-Mackay .. .. .. .. 3 115 Brisbane-Madang .. .. .. .. 11 116 Brisbane-Maryborough .. -. .. .. 1 117 Brisbane-Mitchell .. .. .. .. 2 118 Brisbane-Monto .. .. .. .. .. 2 119 Brisbane-Moree .. .. -. .. .. 2 120 Brisbane-Mount Isa .. -. .. .. 5 121 Brisbane-Oakey .. .. .. .. .. 1 122 Brisbane-Port Moresby .. .. .. .. 8 123 Brisbane-Proserpine .. .. .. .. 3 124 Brisbane-Quilpie .. .. .. .. .. 2 125 Brisbane-Rabaul .. .. .. .. .. 12 126 Brisbane-Rockhampton .. .. .. .. 2 127 Brisbane-Roma .. .. .. .. .. 2 128 Brisbane-St. George .. . - .. .. 2 129 Brisbane-Tamworth .. .. .. .. 2 130 Brisbane-Tennant Creek .. .. .. .. 6 131 Brisbane-Thangool .. .. . - .. 2 132 Brisbane-Townsville .. .. .. .. 4 133 Brisbane-Townsville, by way of Whitsunday Islands -. 3 134 Bsisbane-Williamtown .. .. -. -. 3 135 Brisbane-Winton .. .. .. .. .. 4 136 Brisbane-Wondai -. .. .. .. -. I 137 Melbourne-Adelaide .. .. .. .. 4 138 Melbourne-Alice Springs .. .. .. .. 6 139 Melbourne-Bairnsdale .. .. .. .. 2 140 Melbourne-Ballarat .. .. .. .. 1 141 Melbourne-Bairanald .. .. .. .. 2 142 Melbourne-Benalla .. .. .. .. 1 143 Melbourne-Brisbane .. .. .. .. 8 144 Melbourne-Broken Hill .. .. .. .. 3 145 Melbourne-Cowra .. .. .. .. 3 146 Melbourne-Coolangatta .. .. .. .. 6 147 Melbourne-Cooma .. .. .. .. 2 148 Melbourne-Corowa .. .. .. .. 2 149 Melbourne-Darwin .. .. .. .. 11 150 Melbourne-Deniliquin .. .. .. .. 2 151 Melbourne-Devonport .. .. .. .. 2 152 Melbourne-Dubbo .. .. .. .. 4 153 Melbourne-Echuca .. .. .. .. 2 154 Melbourne-Flinders Island .. .. .. 2 155 Melbourne-Hamilton .. .. .. .. 2 67717 O-~61----43 PAGENO="0082" 76 AIR LAWS AND TREATIES OF THE WORLD Fnts~r ScHEDuLE-continued. First Column. Item No. Second Column. Flights. ThirdColumn. Factors. 156 Melbourne-Hobart .. .. 4 157 Melbourne-Kerang .. .. 2 158 Melbourne-King Island .. .. 2 159 Melbourne-Launceston .. .. 3 160 Melbourne-Mildura .. .. 3 161 Melbourne-Mount Gambier .. 2 162 Melbourne-Narrandera .. .. .. .. 2 163 Melbourne-Nhill .. .. .. .. 2 164 Melbourne-Perth .. .. .. .. 12 165 Melbourne-Port Moresby .. .. .. .. 16 166 Melbourne-St. Helens .. .. .. .. 3 167 Melbourne-Shepparton .. .. .. .. 1 168 Melbourne-Swan Hill .. .. .. .. 2 169 Melbourne-Sydney .. .. .. .* 4 170 Melbourne-Tocumwal .. .. .. .. 2 171 Melbourne-Wagga Wagga .. .. .. .. 2 172 Melbourne-Warrnambool .. .. .. .. 2 173 Melbourne-West Sale .. .. .. .. 2 174 Melbourne-Williamtown .. .. .. .. S 175 Melbourne-Wynyard .. .. .. .. 2 176 Adelaide-Alice Springs .. .. .. .. 5 177 Adelaide-Brisbane .. .. .. *. 7 178 Adelaide-Broken Hill .. .. .. .. 2 179 Adelaide-Ceduna.. .. .. .. .. 2 180 Adelaide-Cleve . .. .. .. .. 1 181 Adelaide-Cowell .. .. .. .. .. 1 182 Adelaide-Darwin .. .. .. .. 9 183 Adelaide-Forrest .. .. .. .. .. 4 184 Adelaide-Hobart .. .. .. .. *. 6 185 Adelaide-Kingscote .. .. .. .. 1 186 Adelaide-Launceston .. .. .. *. 4 187 Adelaide-Leigh Creek .. . .. .. 2 188 Adelaide-Maralinga .. .. .. .. 2 189 Adelaide-Mildura .. .. .. .. 2 190 Adelaide-Mount Gambier .. .. .. .. 2 191 Adelaide-NhiIl .. .. .. .. .. 2 192 Adelaide-Perth .. .. .. .. .. 8 193 Adelaide-Port Lincoln .. .. .. .. 1 194 Adelaide-Port Pine .. .. .. .. 1 195 Adelaide-Renmark .. .. .. .. 1 196 Adelaide-Tennant Creek .. .. .. .. 6 197 Adelaide-Whyalla .. .. .. .. 1 198 Adelaide-Woomera .. .. .. .. 2 199 Perth-Albany .. .. .. .. .. 2 200 Perth-Broome .. .. .. .. .. 6 201 Perth-Carnarvon .. .. .. .. .. 2 202 Perth-Ceduna .. .. .. .. . - 6 203 Perth-Darwin .. .. .. .. .. 8 204 Perth-Derby .. .. .. .. .. 6 205 Perth-Dubbo .. .. .. .. .. 11 206 Perth-Esperance .. .. .. .. .. 2 207 Perth-Forrest .. .. .. .. .. 4 208 Perth-Geraldton .. .. .. .. .. 2 209 Perth-Kalgoorlie .. .. .. .. .. 2 210 Perth-Katherine .. .. .. .. .. 8 211 Perth-Learmonth .. .. .. .. .. 3 212 Perth-Leonora .. .. .. .. .. 2 213 Perth-Marble Bar .. .. .. .. 2 214 Perth-Meekatharra .. .. .. .. 1 215 Perth-Meekatharra, by way of Geraldton 3 PAGENO="0083" 77 AIR LAWS AND TREATIES OF THE WORLD FntsT ScssaDuLE-continued. First Column. Item No. Second Column. Flights. Third Column. Factors. 216 Perth-Narromine .. .. .. .. 11 217 Perth-Norseman .. .. .. .. .. 2 218 Perth-Onslow .. .. .. .. .. 3 219 Perth-Point Cloates .. .. .. .. 3 220 Perth-Port Hedland, by way of coastal route.. .. 4 221 Perth-Port Hedland, by way of inland route .. .. 2 222 Perth-Roebourne, by way of coastal route .. .. 4 223 Perth-Roebourne, by way of inland route .. .. 2 224 Perth-Rottnest Island .. .. .. .. I 225 Perth-Southern Cross .. .. .. .. 226 Perth-Wittenoom Gorge .. .. .. .. 2 227 Perth-Wyndham .. .. .. .. .. 7 228 Hobart-Launceston .. .. .. .. 2 229 Hobart-Devonport .. .. .. .. 2 230 Hobart-Wynyard .. .. .. .. .. 2 231 Darwin-Alice Springs .. .. .. .. 4 232 Darwin-Cloncurry .. .. .. .. 4 233 Darwin-Daly Waters .. .. .. .. 1 234 Darwin-Derby .. .. .. .. .. 2 235 Darwin-Dubbo .. .. .. .. .. 9 236 Darwin-Groote Eylandt .. .. .. .. I 237 Darwin-Hall's Creek .. .. .. .. 1 238 Darwin-Katherine .. .. .. .. 1 239 Darwin-Narromine .. .. .. .. 9 240 Darwin-Townsville .. .. .. *. 6 241 Darwin-Wagga Wagga .. .. .. .. 9 242 Darwin-Wyndham .. .. .. .. 1 243 Darwin-Yirrkala .. .. .. .. .. 1 244 Alice Springs-Angus Downs .. .. .. 1 245 Alice Springs-Brunette Downs .. .. .. 246 Alice Springs-Creswell Downs .. .. .. 247 Alice Springs-Katherine .. .. .. .. 2 248 Alice Springs-Lucy Creek .. .. .. .. 249 Alice Springs-Mount Isa, by way of Argadargada .. 1 250 Alice Springs-Mount Isa, by way of Creswell Downs .. 2 251 Alice Springs-Roper River.. .. .. .. 2 252 Alice Springs-Tieyon .. .. .. .. 253 Alice Springs-Utopia .. .. .. .. 254 Alice Springs-Wyndham .. .. .. .. 2 255 Cairns-Cooktown .. .. .. .. 1 256 Cairns-Horn Island .. .. .. .. 2 257 Cairns-Lae .. .. .. .. .. 6 258 Cairns-Mackay .. .. .. .. .. 2 259 Cairns-Madang .. .. .. .. .. 7 260 Cairns-Mitchell River Mission .. .. .. 2 261 Cairns-Port Moresby .. .. .. .. 4 262 Cairns-Proserpine .. .. .. .. 2 263 Cairns-Rabaul .. .. .. .. .. 8 264 Cairns-Wrotham Park .. .. .. .. 265 Charleville-Birdsville .. .. .. .. I 266 Charleville-Broken Hill .. .. .. .. 1 267 Charleville-Cloncurry .. .. .. .. 2 268 Charleville-Leigh Creek .. .. .. .. 269 Cloncurry-Burketown .. .. .. .. 1 270 Cloncurry-Jundah .. .. .. .. 1 271 Cloncurry-Longreach .. .. .. .. 2 272 Cloncurry-Mornington Island .. .. .. 273 Cloncurry-Mount Isa .. .. .. .. 274 Cloncurry-Normanton .. .. .. .. I 275 Cooktown-Horn Island .. .. .. .. 2 PAGENO="0084" 78 AIR LAWS AND TREATIES OF THE WORLD FIRST SCHEDULE-continued. First Column. Item No. Second Column. Flights. Third Column. Factors. 276 Cowra-West Wyalong .. .. .. .. 1 277 Derby-Cape Leveque .. .. .. .. 278 Derby-Fitzroy Crossing .. .. .. .. 1 279 Desby-Glenroy .. .. .. .. .. 1 280 Derby-Hall's Creek .. .. .. .. 281 Derby-Port Hedland .. .. .. .. 2 282 Derby-Wyndham.. .. .. .. .. 1 283 Geraldton-Carnarvon .. .. .. .. 1 284 Geraldton-Meekatharra .. .. .. .. I 285 Geraldton-Onslow .. .. .. .. I 286 Geraldton-Port Hedland .. .. .. .. 2 287 Lae-Madang .. .. .. .. .. 1 288 Lae-Rabaul .. .. .. .. .. 2 289 Port Hedland-Point Cloates .. .. .. 1 290 Port Moresby-Lae .. .. .. .. 2 291 Port Moresby-Madang .. . - .. .. 3 292 Port Moresby-Rabaul .. .. .. .. 4 293 Rockhampton-Cairns .. .. .. .. 3 294 Rockhampton-Longreach .. .. .. .. 2 295 Rockhampton-Townsville .. .. .. .. 2 296 Rockhampton-Townsville by way of Longreach .. 4 297 Tamworth-Armjdale .. .. .. .. 1 298 Tamworth-Gunnedah .. .. .. .. 1 299 Tamworth-Jnverell .. .. .. .. I 300 Tamworth-Port Macquarie .. .. .. 1 301 Townsville-Bowen .. .. .. .. 1 302 Townsville-Cajrns.. .. .. .. .. 2 303 Townsville-Cloncurry .. - - .. .. 2 304 Townsville-Hughenden .. .. .. .. I 305 Townsville-Lae .. .. .. .. .. 6 306 Townsville-Longreach .. .. .. .. 2 307 Townsville-Madang .. .. .. .. 7 308 Townsville-Mount Isa .. .. .. .. 2 309 Townsville-Port Moresby .. .. . .. 4 310 Townsville-Rabaul .. .. .. .. 8 SECOND SCHEDULE Section 5. 1. Charges are payable, in accordance with this Schedule, by the registered owners of aircraft registered under the Air Navigation Regulations, not being persons who are the holders of airline licences (including international airline licences), under those Regulations. 2. A charge is payable under this Schedule in respect of an aircraft registered under the Air Navigation Regulations on or after the first day of July, One thousand nine hundred and fifty-two. 3. The amount of the charge payable under this Schedule is- (a) in respect of a private aircraft, as defined by the Air Navigation Regulations-twice the unit charge for that aircraft in respect of each week or part of a week comprised in the period of registration of the aircraft; (b) in respect of an aerial work aircraft, as so defined-four times the unit charge for that aircraft in respect of each week or part of a week comprised in the period of registration of the aircraft; and (c) in respect of a charter aircraft, as so defined-six times the unit charge for that aircraft in respect of each week or part of a week comprised in the period of registration of the aircraft. PAGENO="0085" AIR LAWS AND TREATIES OF THE WORLD 79 SECOND SCHEDULE-continued. 4. For the purposes of this Schedule- (a) an aircraft which is not `an aircraft of any of the classes specified in sub-paragraphs (a), (b) and (c) of the last preceding paragraph shall be deemed to be a private aircraft, as defined by the Air Navigation Regulations; (b) the renewal of the registration of an aircraft shall be deemed to be registration of the aircraft; and (c) the unit charge for an aircraft is the unit charge referred to in para- graph 7 of the First Schedule to this Act. 5. Where an aircraft referred to in paragraph 3 of this Schedule- (a) is, during the period of registration of the aircraft, operated in regular public transport operations otherwise than by the holder of an airline licence (including an international airline licence); or (b) is, during the period of registration of the aircraft, operated by the holder of an airline licence (including an international airline licence), there shall be refunded an amount ascertained in accordance with the formula- BD C where- A is the amount of the refund; B is the number of days in the period of operation of the aircraft as specified in sub-paragraph (a) or (b) of this paragraph, as the case may be; C is the number of days in the period of registration of the aircraft; and D is the amount of the charge paid under this Schedule in respect of the aircraft. 6. Where, upon the registration of a private aircraft, a charge has been paid under this Schedule in respect of that `aircraft and, during the period of that regis- tration, the aircraft engages in aerial work operations or charter operations, as defined by the Air Navigation Regulations, an additional charge is payable equal to the amount by which the charge paid is less than the charge which would have been payable if the aircraft had been an aerial work aircraft or charter aircraft, as the case may be, at the time of its registration. 7. Where an aircraft in relation to which an additional charge has become payable under the last preceding paragraph by reason of the engagement of the aircraft in aerial work operations engages, during the period of registration of the aircraft, in charter operations, as defined by the Air Navigation Regulations, a further additional charge is payable equal to the amount by which the aggregate of the charge and additional charge paid is less than the charge which would have been payable if the aircraft had been a charter aircraft at the time of its registration. 8. Where, upon the registration of an aerial work aircraft, a charge has been paid under this Schedule in respect of that aircraft and, during the period of that registration, the aircraft engages in charter operations, as defined by the Air Navigation Regulations, an additional charge is payable equal to the amount by which the charge paid is less than the charge which would have been payable if the aircraft had been a charter aircraft `at the time of its registration. 9.-(l.) The Minister or the Director-General of Civil Aviation may authorize Substituted by such remission or refund of the whole or any part of the charge or additional No. 87, 1957, charge (including further additional charge) payable or paid under this Schedule S. 9. in respect of an aircraft as he thinks just having regard to the nature, locality or extent of the operations of the aircraft. (2.) A remission under this, paragraph may be granted subject to such conditions with respect to the operation of the aircraft as the Minister or the Director-General of Civil Aviation thinks fit and, if any such condition is not complied with, the remission shall be deemed not to have had effect. lO.-(l.) Charges and additional charges (including further additional charges) under this Schedule are debts due to the Commonwealth. PAGENO="0086" 80 AIR LAWS AND TREATIES OF THE WORLD SECOND SCHEDULE-continued. (2.) Charges under this Schedule are payable upon the date of commencement of this Act or upon registration of the aircraft, whichever is the later. (3.) Additional charges (including further additional charges) under this Schedule are payable upon the aircraft first engaging in the operations by virtue of the engagement in which the additional charge (or further additional charge) becomes payable. THIRD SCHEDULE. Section 5. 1. Charges are payable, in accordance with this Schedule, by the owners of foreign aircraft, as defined by the Air Navigation Regulations, being aircraft which are not .operated by the holders of airline licences (including international airline licences) under those Regulations. 2. A charge is payable under this Schedule in respect of an aircraft which enters Australia from a place outside Australia on or after the date of commence- ment of this Act. 3.-(1.) The amount of the charge payable under this Schedule is- (a) in respect of a private ~rcraft, as defined by the Air Navigation Regu- lations-twice the unit charge for that aircraft in respect of each week or part of a week comprised in the period from the date on which the aircraft entered Australia until the date of the departure of the aircraft from Australia; (b) in respect of an aerial work aircraft, as so defined-four times the unit charge for that aircraft in respect of each week or part of a week comprised in the period from the date on which the aircraft entered Australia until the date of the departure of the aircraft from Australia; and (c) in respect of a charter aircraft, as so defined-six times the unit charge for that aircraft in respect of each week or part of a week comprised in the period from the date on which the aircraft entered Australia until the date of the departure of the aircraft from Australia. (2.) For the purposes of the last preceding sub-paragraph, the unit charge for an aircraft is the unit charge referred to in paragraph 7 of the First Schedule to this Act. 4. Charges under this Schedule- (a) are debts due to the Commonwealth; (b) accrue from week to week; and (c) are payable on demand made by the Director-General of Civil Aviation to the pilot in commEnd of the aircraft. 5. A charge is not payable under this Schedule in respect of such aircraft, or the aircraft included in such classes of aircraft, as the Minister or the Director- General of Civil Aviation determines. Substituted by 6.-(l.) The Minister or the Director-General of Civil Aviation may authorize No. 87, 1957, such remission or refund of the whole or part of the charge payable under this 5. 10. Schedule in respect of an aircraft as he thinks just having regard to the nature, locality or extent of the proposed operations of the aircraft in Australia. (2.) A remission under this paragraph may be granted subject to such con- ditions with respect to the operation of the aircraft as the Minister or the Director- General of Civil Aviation thinks fit and, if any such condition is not complied with, the remission shall be deemed not to have had effect. PAGENO="0087" CIVIL AVIATION AGREEMENT. No. 86 of 1957. An Act relating to a proposed Agreement between the Commonwealth, the Australian National Airlines Commission and certain Companies in connexion with Airline Services, and to amend the Civil Aviation Agreement Act 1952. [Assented to 12th December, 1957.] BE it enacted by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:- 1. This Act may be cited as the Civil Aviation Agreement Shod ~. Act 1957. 2. This Act shall come into operation on the day on which Commence~ it receives the Royal Assent. rnent. 3. The execution on behalf of the Commonwealth of an Approval or agreement in accordance with the form in the Schedule to this ~ Act is approved. 4. The Australian National Airlines Commission is Australian empowered to enter into an agreement in accordance, with the ~i~'j~' form in the Schedule to this Act and to carry out its obligations ~ and avail itself ?~ its rights under the agreement. 81 PAGENO="0088" 82 AIR LAWS AND TREATIES OF THE WORLD ~ 5.-(l.) Section four of the Civil Aviation Agreement Act ~ement Act 1952 is amended by adding at the end thereof the following sub-section :- "(2.) The last preceding sub-section shall be deemed to authorize the giving of a guarantee of the payment by Australian National Airways Proprietary Limited of amounts payable by that Company under arrangements made in substitution for the original arrangements with. respect to a loan made before the commencement of this sub-section, being a loan the repayment of which was guaranteed under that sub-section.". (2.) The Civil Aviation Agreement Act 1952, as amended by this section, may be cited as the Civil Aviation Agreement Act 1952-1957; THE SCHEDULE. Sections 3 and 4. THIS AGREEMENT is made the day of One thousand nine hundred and BETWEEN THE COMMONWEALTH OF AUSTRALIA (in this agreement referred to as "the Commonwealth ") of the first part, the AUSTRALIAN NATIONAL AIRLINES COMMISSION constituted under the Australlan National Airlines Act 1945-1956 of the Commonwealth (in this agreement referred to as "the Commission ") of the second part, AUSTRALIAN NATIONAL AIRWAYS PROPRIETARY LIMITED a company incorporated under the laws of the State of Victoria relating to companies and whose registered office is situated at 289 William Street Melbourne in the said State (in this agreement referred to as "the Company ") of the third part, ANSEIT AIRWAYS PROPRIETARY LIMITED a company incorporated under the laws of the State of Victoria relating to companies and whose registered office is situated at Commonwealth Aerodrome Essendon in the said State of the fourth part, and ANSE1T TRANSPORT INDUSTRIES LIMITED a company incorporated under the laws of the State of Victoria relating to companies and whose registered office is situated at 465 Swanston Street Melbourne in the said State of the fifth part: WHEREAS by an agreement (in this agreement called " the Civil Aviation Agreement ") made the Twenty-fourth day of October, One thousand nine hundred and fifty-two between the Commonwealth and the Company and set forth in the schedule to the Civil Aviation Agreement Act 1952, the Commonwealth and the Company agreed, inter alia, to rationalize certain airline services operated by the Commission and the Company: AND WHEREAS by the Civil Aviation Agreement Act 1952, the Parliament of the Commonwealth of Australia approved the Civil Aviation Agreement and provided that the Commission should do all such things as the Civil Aviation Agreement provided that the Commission would do: AND WHEREAS Ansett Transport Industries Limited has purchased all the issued shares in Australian National Airways Proprietary Limited and has the controlling interest in Ansett Airways Proprietary Limited: AND WHEREAS one of the objects of the parties to this agreement is to secure and maintain a position in which there are two, and not more than two, operators of trunk route airline services, one being the Commission, each capable of effective competition with the other, and the parties intend that this agreement shall be construed having regard to that object: AND WHEREAS the parties to this agreement are desirous of extending certain of the provisions of the Civil Aviation Agreement as to rationalization of services to certain other routes: AND WHEREAS the parties to the Civil Aviation Agreement are desirous, as part of the steps referred to in clause 7 of that agreement, to review and to keep under review at all times during the continuance of the Civil Aviation Agreement air routes, time- tables, fares and freights and other related matters in respect of certain routes, and for the purpose of this agree~nent, of establishing a committee as set out in this agreement: PAGENO="0089" AIR LAWS AND TREATIES OF THE WORLD 83 Tisa SCHEDULE-Continued. NOW THIS AGREEMENT WITNESSETH that it is agreed by and between the parties `to this agreement as follows: 1. The Commission, the Company and Ansett Transport Industries Limited, and all Extension of airline companies or firms in which Ansett Transport Industries Limited has a controlling rationalization. interest (all of which Commission, companies and firms are in this agreement collectively referred to as "the airline operators ") will take immediate steps to review and will keep under review at all times during the continuance of this agreement air routes, time- tables, fares and freights and other related matters in respect of routes (in addition to `the routes specified in sub-clause (1.) of clause 7 of the Civil Aviation Agreement) on which both the Commission and any one of the other airline operators operate, or propose to operate, so as to avoid unnecessary overlapping of services and wasteful competition, to provide the most effective and economical services with due regard to the interests of the public and to bring earnings into a proper relation to over-all costs. 2. The provisions of sub-clauses (2.), (3.) and (4.) of clause 7 and clause 14 of the Extended Civil Aviation Agreement shall apply in respect of clause 1 of this agreement in the same application of manner, mutatis inutandis, as they apply in respect of sub-clause (1.) of clause 7 of the ~~i~ons of Civil Aviation Agreement. Civil Aviation Agreement. 3. The parties will take immediate steps to establish a Rationalization Committee ~~~bljnent (in this agreement referred to as" the Committee ") which shall be constituted from time of to timeby- ~tion~lizatzon (a) a person nominated by the Minister who shall be known as the Co-ordinator; mmi ~ (b) a member nominated by the Commission; and (c) a member nominated by the Company. 4.-(l.) If the airline operators concerned are unable to agree on any matter arising Functions of under sub-clause (I.) of clause 7 of the Civil Aviation Agreement or clause 1 of this the Committee. agreement, the matter in dispute may be referred to the Committee by any one of those airline operators. (2.) The Commonwealth and the airline operators will each, upon being required so to 1o by the Co-ordinator, furnish or produce to the Committee all information, documents, books, papers and accounts which the Co-ordinator considers necessary to enable the Committee to consider any matter referred to the Committee under this clause. (3.) The Committee will consider the matter and, if the members nominated by the Commission and the Company are, after such consideration, still unable to agree, the Co-ordinator shall decide the matter and, subject to the next succeeding sub-clause, his decision shall be final and binding on the airline operators. (4.) Where the Co-ordinator pursuant to this clause makes a decision on a matter referred to `in this clause- (a) the Commission or the Company, in the case of a matter arising under sub- clause (1.) of clause 7 of the Civil Aviation Agreement; or (b) one of the airline operators, in the case of a matter arising under clause 1 of this agreement, may elect to have the matter decided in accordance with sub-clause (2.) of clause 7 of the Civil Aviation Agreement, in its application by virtue of that agreement or by virtue of clause 2 of this agreement, as the case may be. (S.) The Co-ordinator shall give reasons in writing for each of his decisions and, where a matter is to be determined in accordance with sub-clause (2.) of clause 7 of the Civil Aviation Agreement, whether applying by virtue of that agreement or by virtue of clause 2 of this agreement, the Co-ordinator shall furnish those reasons to the Chairman appointed in pursuance of clause 14 of the Civil Aviation Agreement. 5. As soon as practicable, and in any case not later than twenty-five months after Ansett Airways the date of this agreement, Ansett Airways Proprietary Limited will cease to operate to cease airline services and will not, during the continuance of this agreement, resume the operation of an airline service or services. 6. Ansett Transport Industries Limited will do everything within its power to ensure Compliance that the airline companies or firms in which it has a controlling interest will do all such with agreemenL acts and things as this agreement provides that they will do and that those companies and firms will not do anything inconsistent with the provisions or purposes of this agreement. 7. For the purposes of the Civil Aviation Agreement any act or omission on the Past part of the Company prior to the date of this agreement shall be deemed not to constitute omissions of a breach of the Civil Aviation Agreement or a default in the repayment of moneys secured company. by a guarantee or guarantees given by the Commonwealth pursuant to the provisions of the Civil Aviation Agreement. PAGENO="0090" 84 AIR LAWS AND TREATIES OF THE WORLD Tvi~ ScssaruLa-contlnued. Air Navigation 8. Nothing in this agreement requires or permits the airline operators to act in any Act. manner inconsistent with the Air Navigation Act 1920-1950 or with the regulations im force under that Act. Period of 9. This agreement shall continue in force until the termination of the Civil Aviatioa agreement. Agreement. PAGENO="0091" AIRLINES EQUIPMENT. No. 70 of 1958. An Act to make provision with respect to Financial and Rationalization Arrangements in connexion with the Equipment of certain Domestic Airlines. [Assented to 10th October, 1958.] BE it enacted by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:- PART 1.-PRELIMINARY. 1. This Act may be cited as the Airlines Equipment Act 1958. ~ 2. This Act shall come into operation on the day on which ~ it receives the Royal Assent. ment. 3. This Act is divided into Parts, as follows:- Part 1.-Preliminary (Sections 1-4). Part 11.-Financial Arrangements in relation to the Australian National Airlines Commission (Sections 5-7). Part 111.-Financial Arrangements in relation to Australian National Airways Proprietary Limited and certain other Companies (Sections 8-10). Part IV.-Rationalization of Aircraft Fleets (Sections 11-15). 85 PAGENO="0092" 86 AIR LAWS AND TREATIES OF THE WORLD Definitions. 4. In this Act, unless the contrary intention appears- "the Commission" means the Australian National Airlines Commission; "the Company "means Ansett Transport Industries Limited, and includes every company or firm in which Ansett Transport Industries Limited has from time to time a controlling interest and which owns or operates aircraft. PART 11.-FINANCIAL ARRANGEMENTS IN RELATION TO THE AUSTRALIAN NATIONAL AIRLINES Cow~usSIoN. 5.-(l.) Section thirty-one of the Australian National Airlines Act 1945-1956 is repealed and the following section inserted in its stead:- Borrowing by "31.-(1.) The Commission may, with the approval of the ~mmission. Treasurer, borrow moneys from time to time in such amounts as the Minister certifies are, in his opinion, necessary for meeting its obligations or discharging its functions under this Act. "(2.) The Treasurer may, on behalf of the Commonwealth, out of moneys appropriated by the Parliament for the purpose, lend to the Commission, on such terms as he thinks fit, moneys which the Commission is authorized to borrow under the last preceding sub-section and the borrowing of which by the Com- mission from the Commonwealth is approved by the Minister. "(3.) The Commission may give security over the whole or any part of its assets for the repayment of amounts borrowed under this section and the payment of interest on amounts so borrowed. "(4.) The Treasurer may, with the concurrence of the Minister, on behalf of the Commonwealth, guarantee the repayment by the Commission of amounts borrowed under this section otherwise than from the Commonwealth and the payment of interest on amounts so borrowed. "(5.) The amounts borrowed by the Commission and not repaid shall not at any time exceed Three miffion pounds. "(6.) The moneys that may be borrowed by the Commission under this section are in addition to the amounts that constitute the capital of the Commission under the last preceding section. "(7.) The Commission shall not borrow moneys except in accordance with this section.". (2.) The Australian National Afrlines Act 1945-1956, as amended by this Act, may be cited as the Australian National Airlines Act 1945-1958. PAGENO="0093" AIR LAWS AND TREATIES OF THE WORLD. 87 6. Notwithstanding anything contained in section thirty-one Borrowing of the Australian National Airlines Act 1945-1956, as amended ~iss~on by this Act, the Commission may borrow, in addition to the ~r~se ot a amounts that it is authorized to borrow under that section, the ~~~rcraft. moneys (not exceeding the equivalent of Three million dollars in the currency of the United States of America) that the Treasurer is, under the Loan (Australian National Airlines Commission) Act 1958, authorized to lend to the Commission in connexion with the purchase by the Commission of a Lockheed Electra aircraft and related spare parts and equipment. 7.-(1.) The purchase by the Commission from Qantas Purase Empire Airways Limited of one of the five Lockheed Electra &mmission aircraft referred to in the loan agreement a copy of which is set J~IC~r out in the Schedule to the Loan (Qantas Empire Airways Limited) ~~~aft Act 1958 is approved, and the Commission may, without prejudice ~nP~re~AirwaYs to its powers of borrowing moneys, accept credit from Qantas Empire Airways Limited up to an amount not exceeding the equivalent of Two million two hundred and fifty thousand dollars in the currency of the United States of America in connexion with the purchase. (2.) Nothing in the Loan (Qantas Empire Airways Limited) Act 1958 shall be deemed to prevent Qantas Empire Airways Limited from selling to the Commission the aircraft in relation to which the last preceding sub-section applies. PART 111.-FINANCIAL ARRANGEMENTS IN RELATION TO AUSTRALIAN NATIONAL AIRWAYS PROPRIETARY LIMITED AND CERTAIN OTHER COMPANIES. 8.-(1.) In order to further the objects and purposes referred n~f to in the recitals to the agreement approved by the Civil Aviation Agreement Act 1952, the Treasurer may, on behalf of the Common- wealth, at the request of Ansett Transport Industries Limited and subject to the conditions required by this Part- (a) for the purpose of enabling the purchase by Ansett Transport Industries Limited or Australian National Airways Proprietary Limited of two Lockheed Electra aircraft and related spare parts and equipment, guarantee the repayment of, and the payment of interest on, a loan or loans of an amount or amounts not exceeding in the whole the equivalent of Three million pounds made to either of those companies, each such loan being repayable within a period not exceeding seven years from the date on which the loan moneys are received; and (b) for the purpose of enabling the purchase by Ansett Transport Industries Limited or Australian National Airways Proprietary Limited of six Fokker Friendship aircraft and related spare parts and equipment, PAGENO="0094" 88 AIR LAWS AND TREATIES OF THE WORLD guarantee the repayment of, and the payment of interest on, a loan or loans of an amount or amounts not exceeding in the whole the equivalent of Two million pounds made to either of those companies, each such loan being repayable within a period not exceeding six years from the date on which the loan moneys are received. (2.) The guarantee of a loan or loans under this section does not affect the rights of Australian National Airways Proprietary Limited under clause three of the agreement approved by the Civil Aviation Agreement Act 1952. FinancIal 9. For the purposes of the protection of the financial interests ~ of the Commonwealth, the Treasurer shall not give a guarantee under the last preceding section in respect of a loan unless- / (a) the moneys are borrowed upon reasonable terms and conditions; (b) proper security is taken by the lender over the aircraft and related spare parts and equipment to which the loan relates; (c) the loan arrangements contain such provision as the Treasurer considers necessary for the transfer to the Commonwealth of the benefit of securities in the event of the Commonwealth being called upon to make payment under the guarantee; (d) undertakings to the satisfaction of the Treasurer are given that the aircraft and other assets over which security for the payment of moneys to which the guarantee relates- (i) will be insured, and kept insured, against all risks against which it is customary to insure, and to their full insurable value; (ii) will not be sold, mortgaged or charged except by way of security to the lender in respect of the loan; and (iii) will not be taken out of Australia for a destination that is not in Australia or a Territory of the Commonwealth except after the furnishing of such security as the Treasurer may require; and (e) such other conditions as the Treasurer thinks necessary are fuffilled. ati9nalization 1O.-(l.) The Treasurer shall not give a guarantee under this a~0.0f Part unless undertakings are given to the satisfaction of the Minister for compliance by the Company with the obligations specified in section thirteen of this Act so long as any moneys PAGENO="0095" AIR LAWS AND TREATIES OF THE WORLD 89 ~n respect of which a guarantee is given under this Part remain unpaid or any liability to the Commonwealth arising out of such a guarantee remains undischarged and such other under- takings are given by the Company as the Minister considers necessary. (2.) While the Company is subject to the obligations specified in section thirteen of this Act, the Commission is, by force of this Act, also subject to those obligations. PART IV.-RATIONALIZATION OF AIRCRAFT FLEETS. 11. In this Part, unless the contrary intention appears- Definitions. "aircraft capacity ", in relation to aircraft, means, in respect of a period, the number of revenue traffic ton-miles capable of being performed by the aircraft in the period; "competitive route" means a route over which air services are operated both by the Commission and by the Company, and "non-competitive route" means any other route; "revenue load factor ", in relation to an aircraft, means, in respect of a period, the percentage that the revenue value of the work performed on the flights made by the aircraft during that period is of the revenue value of the work that could have been performed on those ifights, ascertained in accordance with the equation- A - 100 (B + CD) E where- A is the revenue load factor; B is the number of passenger ton-miles performed by the aircraft in the period, based on a passenger weight (including free baggage) of two hundred pounds; C is the non-passenger revenue traffic ton-miles performed by the aircraft in the period; D is the ratio of the revenue yield per ton-mile of non-passenger traffic to the revenue yield per ton-mile of passenger traffic; and E is the total revenue traffic ton-miles for which the aircraft could have been used on the flights performed in the period; "ton" means two thousand pounds weight; "traffic" means traffic in resnect of passengers, cargo and mails. PAGENO="0096" 90 AIR LAWS AND TREATIES OF THE WORLD Determination 12.-(l.) The Minister shall, from time to time, in relation ~~er to a specified future period- (a) estimate the total traffic on- (i) each of the competitive routes; (ii) the non-competitive routes of the Com- mission; and (iii) the non-competitive routes of the Company; and (b) determine the maximum aircraft capacity of the aircraft required by the Commission and the Company, respectively, for the purposes of- (i) carrying one-half of the total traffic estimated by the Minister in respect of the competitive routes; and (ii) operating its services on non-competitive routes. (2.) For the purposes of this section, the Minister shall have regard to- (a) rates of traffic increase; (b) the types, speeds and reasonable extent of utilization of the aircraft proposed to be used; (c) the revenue load factor that would be the optimum revenue load factor for the operation of aircraft on each route during the period concerned, due con- sideration being given to the interests of the public and the. maintenance of a proper relation between revenue and costs; (d) the necessity for the overhaul and maintenance of aircraft; (e) the necessity for having aircraft available to meet emergency situations; (f) aircrew training requirements; (g) any services operated otherwise than by the Commission or the Company on non-competitive routes; and (h) any other factors affecting the stability of the domestic air transport industry. (3.) Where the Minister makes an estimate and a determina- tion under sub-section (1.) of this section, he shall, not less than twenty-eight days before the commencement of the relevant period, give notice of the terms of the estimate and of the determination to the Commission and to Ansett Transport Industries Limited and shall, in the notice, specify the portion of the determined aircraft capacity that is related to traffic on the competitive routes. PAGENO="0097" AIR LAWS AND TREATIES OF THE WORLD 91 13. The obligations that are, in accordance with section ten Conditional of this Act, to become applicable to the Company and the ~ Commission upon the giving of a guarantee on behalf of the and Company. Commonwealth under section eight of this Act are the following:- (a) where the Minister has made a determination under the last preceding section in relation to a period-an obligation not to provide, on the competitive routes, during that period, air services capable of performing a number of revenue traffic ton-miles in excess of the aircraft capacity specified in respect of the com- petitive routes in the notice under sub-section (3.) of the last preceding section; (b) where, at any time during a period in relation to which the Minister has made a determination under the last preceding section, the Minister- (i) notifies the Commission or Ansett Transport Industries Limited that he is satisfied that the aircraft owned, operated, or otherwise available for use, by the Commission or the Company, as the case may require, exceed the aircraft required to provide, in that period, the aircraft capacity deter- mined in relation to the Commission or the Company, as the case may be, and to fuffil any arrangements for the use by an operator other than the Commission or the Company of any aircraft operated by the Commission or the Company, as the case may be; and (ii) directs the disposal of aircraft to a specified extent (being the extent which the Minister considers necessary to eliminate the excess), an obligation to comply with the direction within the time specified by the Minister; (c) an obligation not to purchase, lease or otherwise obtain the use of any aircraft unless the Minister has certified in writing that, in his opinion, the obtaining of the aircraft will not result in the Commission or the Company, as the case may be, having the use of any aircraft in excess of the aircraft required to provide the aircraft capacity determined from time to time under the last preceding section, and that, in his opinion, the obtaining of an aircraft of the type proposed to be obtained will not, having regard to the types of aircraft operated by the Commission and .67717 O-61----7 PAGENO="0098" 92 AIR LAWS AND TREATIES OF THE WORLD the Company or in respect of which any other certi- ficate under this paragraph has been or is proposed to be issued, be detrimental to the stability of the domestic air transport industry; and (d) an obligation to furnish to the Minister, within such times as the Minister specifies, such information in respect of traffic as the Minister requires. Consultation 14.-(1.) The Director-General of Civil Aviation may, from ~ time to time, convene conferences to be attended by representatives General, of the Department of Civil Aviation, the Commission and the Company, for the purpose of considering matters relevant to the making of estimates and determinations by the Minister under this Part. (2.) The Director-General shall report to the Minister any conclusions arrived at or views expressed at a conference held in pursuance of this section, and the Minister shall, before making an estimate or determination under this Part, give full consideration to any such conclusion or views. Minister 15. The Minister shall not, in the exercise of his powers under COIOO this Part, unfairly discriminate in favour of the Commission or ~ the Company as against the other. PAGENO="0099" LOAN (AUSTRALIAN. NATIONAL AIRLINES OOMMISSION). No. 71 of 1958. An Act to approve the raising by way of Loan of Moneys in the Currency of the United States of. America to be lent to the Australian National Airlines Commission, and for purposes con- nected therewith. [Assented to 10th October, 1958.] BE it enacted by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows :- 1. This Act may be cited as the Loan (Australian National Short title Airlines Commission) Act 1958. 2. This Act shall come into operation on the day on which Commence- it receives the Royal Assent. ment. 3.-(l.) In this Act, "the Loan Agreement" means the interpretation. agreement entered into between the Commonwealth and various lenders in the United States of America a copy of which is set out in the Schedule to this Act. 93 PAGENO="0100" 94 AIR LAWS AND TREATIES OF THE WORLD (2.) For the purposes of this Act, the promissory notes delivered by the Commonwealth under the Loan Agreement shall be deemed to form part of the Loan Agreement. Approval of 4. The borrowing by the Treasurer, on behalf of the Corn- borrowing. monwealth, in accordance with the Loan Agreement, of moneys in the currency of the United States of America not exceeding in the whole Three million dollars is approved. Application 5.-(1.) For the purpose of making available to the Aus- of moneys. . . . . trahan National Airlines Commission moneys required by the Commission in connexion with the purchase by the Commission of a Lockheed Electra aircraft and related spare parts and equipment, the Treasurer shall, on behalf of the Commonwealth, lend to the Commission, upon such terms and conditions as he determines, amounts equivalent to the moneys borrowed under the Loan Agreement. (2.) The moneys required for the purpose of loans under the last preceding sub-section are payable out of the Loan Fund, which is to the necessary extent appropriated accordingly. E1~penses and 6. The expenses of borrowing, and interest and other charges payable, under the Loan Agreement, shall be paid out of the Consolidated Revenue Fund. Repayment of 7. Moneys borrowed under the Loan Agreement shall be loan moneys. repaid out of the Consohdated Revenue Fund in accordance with the provisions of the Loan Agreement. Appropriation 8. The Consolidated Revenue Fund is appropriated to the of Consolidated Revenue Fund, extent necessary for the purposes of the last two preceding sections. ~atipna~De~t 9. The National Debt Sinking Fund Act 1923-1950 does Act~no~ to~ not apply in relation to moneys borrowed under the Loan app Y~ Agreement. THE SCHEDULE. Section 3. LOAN AGREEMENT dated September 10, 1958 between Commonwealth of Australia (the "Commonwealth "), the banks named in Section 1 hereof (the "Banks ") and 3. P. Morgan & Co. Incorporated, as Agent (the "Agent "). The Commonwealth has requested the Banks to make loans to it for the purpose of enabling the Commonwealth to make available to The Australian National Airlines Commission trading as Trans-Australia Airlines (" Trans-Australia ") amounts in United States dollars ("dollars ") required by Trans-Australia to finance approximately 75 % of the purchase price of one Lockheed Electra aircraft and related spare parts and equipment. Upon the terms hereof the Banks are prepared to make loans for such purpose. Accordingly, the parties agree as follows: PAGENO="0101" AIR LAWS AND TREATIES OF THE WORLD 95 THE SCHEDuLE-continued. SECTION 1. Subject to the provisions of this Agreement each Bank agrees to make loans to the Commonwealth at the latter's request, from time to time from the date hereof until June 30, 1959, in an aggregate amount not exceeding the amounts set forth below opposite its name: Bank of America National 300 Montgomery Street, San $1,062,500 Trust & Savings Assn. Francisco 20, California The Cleveland Trust Com- Euclid Avenue, Cleveland 1, 375,000 pany Ohio The First National City 55 Wall Street, New York 1,062,500 Bank of New York 15, New York J. P. Morgan & Co. In- 23 Wall Street, New York 8, 500,000 corporated New York - $3,000,000 The loans to be made by the Banks pursuant to this Section (the "Loans ") will be evidenced by Promissory Notes (the "Notes ") of the Commonwealth, duly executed by the Treasurer of the Commonwealth and by any person at the time Consul General, Acting Consul General or Consul of the Commonwealth in N~w York City. Each of the Notes will be substantially in the form of Exhibit A hereto (appropriately completed in accordance with this Section), will be dated the date of the Loan which it evidences, will be payable in dollars in ten equal semiannual instalments on June 30 and December 31 of each year, commencing December 31, 1959 and ending June 30, 1964, and will bear interest at the rate of 4~ % per annum on the unpaid balance from time to time thereof from the date thereof to the date of payment. The Commonwealth will pay interest on the Notes, in dollars, semiannually on the last day of June and December in each year. Interest is to be computed on the basis of a year of 365 days. SECTION 2. Each borrowing by the Commonwealth will be in the amount of $750,000 or multiple thereof and will be divided among the Banks pro rata to their commitments. The Commonwealth will give to the Agent at least seven business days' written or telegraphic notice of the date on which any Loan is required and the amount of such Loan. The Agent will give at least three business days' written or telegraphic notice to each Bank of such date and of the proportionate amount of the Loan to be made by such Bank. SECTION 3. Payments of principal and interest on the Notes will be made to the Agent, at its office at 23 Wall Street, New York 8, New York, in dollars in Federal Reserve Funds for the account of the holders of the Notes pro rata to the principal amount for the time being of the Notes held by them. All payments of commitment fees pursuant to this Agreement will be made to the Agent in dollars for the account of the Banks pro rata to their commitment. SECr10N 4. The Commonwealth represents, warrants and agrees that the principal of and interest on the Notes will be free of all present or future taxes imposed by the Commonwealth, or by any taxing authority thereof or therein, except to the extent that the right to receive payment of the principal of or interest on any Note is or comes to be beneficially owned by any person residing in or ordinarily a resident of the Commonwealth. SECTION 5. The Commonwealth represents and warrants (a) that there has been no material adverse change in the financial, economic or political conditions of the Com- monwealth from the conditions set forth in the Prospectus dated April 22, 1958 relating to the Commonwealth's Fifteen Year 4~% Bonds Due May 1, 1973; and (b) that the proceeds of the Loans will be made available to Trans-Australia to enable Trans-Australia to finance approximately 75 % of the purchase price of one Lockheed Electra aircraft and related spare parts and equipment. SECTION 6. The obligation of each Bank to make each Loan hereunder is subject to the performance by the Commonwealth of all its obligations under this Agreement, to the accuracy of its representations and warranties herein contained and to the satisfaction on the date of such Loan of the following further conditions: (a) The Agent shall have received a Note to such Bank in the amount of the Loan by such Bank; PAGENO="0102" 96 AIR LAWS AND TREATIES OF THE WORLD THE SCHEDULE-continued. (b) Before the first Loan the Banks shall have received a certified copy of an opinion of the Solicitor-General or Acting Solicitor-General of the Commonwealth, in a form satisfactory to the Banks, to the effect that (i) the Loans and the Notes have been duly authorized in accordance with the laws of the Commonwealth and the Order or Orders in Council applicable thereto; (ii) the Notes, when signed by the Treasurer of the Com- monwealth and by a person referred to in Section 1 and delivered in accordance here- with, will constitute valid, binding, absolute and unconditional obligations of the Com- monwealth, for the performance of which the full faith and credit of the Commonwealth is pledged; and (iii) this Agreement has been duly authorized and executed in accordance with the laws of the Commonwealth and the Order or Orders in Council applicable hereto and all the provisions hereof are valid and binding as against the Commonwealth; and (c) All legal matters relating to each Loan, and the Notes shall be satisfactory to counsel for the Banks, Messrs. Davis Polk Wardwell Sunderland & Kiendi, and to such Australian counsel as they may consult. SECTION 7. The Commonwealth will pay to the Agent, in dollars, a commitment fee computed at the rate of 4 of 1 % per annum (on the basis of a year of 365 days), in respect of the period from July 25, 1958 to June 30, 1959 on the daily average unused amounts which the Banks were obligated to lend under Section 1 hereof. The accrued portion of such commitment fee will be paid on December 31, 1958 and on June 30, 1959. SECTION 8. The Commonwealth agrees that, from the date hereof until the payment in full of the Loans: (a) If the Commonwealth sells, offers for public subscription or in any manner disposes of any bonds or loans constituting external debt of the Commonwealth secured by lien on any revenue or asset of the Commonwealth, the Loans and the NoteE will be secured equally and ratably therewith and the Commonwealth will make appropriate provision to that end, where necessary; (b) From time to time, at the request of any Bank, the Commonwealth will promptly deliver to such Bank copies of all reports and other documents filed by the Commonwealth with the United States Securities and Exchange Commission; and (c) The Banks may accept and rely upon requests for advances, notices or other communications from the Commonwealth, relative to the transactions hereby contem- plated, if signed by any person at the time Consul General, Acting Consul General or Consul of the Commonwealth in New York City. SFCTION 9. If any principal or interest on any Note is not paid when due, and if any such default continues for ten days, the Agent, by written notice mailed to the Commonwealth, addressed to The Commonwealth Treasury, Canberra, Australia. shall if requested in writing by any of the Banks, declare the entire principal amounL of each Note, and accrued interest thereon, to be, and the same will become, forthwith due and payable, without presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived. Simultaneously with the giving of any such notice to the Commonwealth, the Agent will notify all holders of the Notes thereof. SECTION 10. Each of the Banks and each subsequent holder of Notes by its acceptance thereof, irrevocably authorizes the Agent to receive all payments of principal of and interest on the Notes and all commitment fees, as provided irs Sections 3 and 7, and to take all other action delegated to it hereunder or reasonably incidental thereto. Neither the Agent nor any of its directors, officers or employees shall be liable for any action taken or omitted in the absence of negligence or wilful misconduct. The Agent may treat the payee of any Note as the holder thereof until written notice of transfer shall have been filed with it. The Agent shall promptly notify the Commonwealth of any such notice received by it. SECTION 11. The Commonwealth will reimburse the Agent and the Banks for their out-of-pocket expenses (including counsel fees) in connection with this Agreement and the loans hereunder. PAGENO="0103" AIR LAWS AND TREATIES OF THE WORLD 97 THE SCHEDULE-Continued. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the date first above written. COMMONWEALTH OF AUSTRALIA By JOS. FRANCIS BANK OF AMERICA NATIONAL TRUST & SAVINGS ASSN. By V. C. RICHARDS V.P. THE CLEVELAND TRUST COMPANY By GEO. F. PRYOR V.P. and WM. SERNE JR. A.V.P. THE FIRST NATIONAL CITY BANK OF NEW YORK By EDWIN THORNE V.P. J. P. MORGAN & Co. INCORPORATED By J. DELAFIELD DUBOIS V.P. J. P. MORGAN & Co. INCORPORATED, as Agent By J. DELAFIELD DUBOIS V.P. EXHIBiT A $ New York, N.Y. For value received, COMMONWEALTH OF AUSTRALIA ("the Commonwealth ") hereby promises to pay to the order of , at the principal office of J. P. Morgan & Co. Incorporated (the "Agent "), at 23 Wall Street, New York, N.Y., the principal sum of $ in lawful money of the United States ofAmerica, by ten semi-annual instalments of $ each. The first semi-annual instalment shall be payable on December 31, 1959 and a subsequent semi-annual instalment shall be payable on the last day of each December and June thereafter until the principal sum is paid in full. The Commonwealth also hereby promises to pay interest on so much of said principal sum as is from time to time unpaid, from the date hereof, in like money, at said office, semi-annually on the last day of June and December in each year, at the rate of 41% per annum. This note is one of the Notes referred to in the Loan Agreement dated 1958 between the Commonwealth, the Agent, and certain banks named therein and is entitled to the benefits therein provided. Upon the terms pro- vided in such Loan Agreement the principal hereof and accrued interest hereon may become payable prior to stated maturity. The principal hereof and interest bereon will be paid free of all taxes now or at any time hereafter imposed by the Commonwealth, or by any taxing authority thereof or therein, except to the extent that this note is beneficially owned by any person residing in or ordinarily a resident of the Commonwealth. COMMONWEALTH OF AUSTRALIA By Treasurer of the Commonwealth of Australia PAGENO="0104" PAGENO="0105" LOAN (QANTAS EMPIRE AIRWAYS LIMITED). No. 72 of 1958. An Act to approve the raising by way of Loan of* Moneys in the Currency of the United States of America to be lent to Qantas Empire Airways Limited, and for purposes connected thcrewith. [Assented to 10th October, 1958.] BE it enacted by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows :- 1. This Act may be cited as the Loan (Qantas Empire Airways Shozi uu.. Limited) Act 1958. 2. This Act shall come into operation on the day on which it Coinnisnce. receives the Royal Assent. 99 PAGENO="0106" 100 AIR LAWS AND TREATIES OF THE WORLD Int.rpretation. 3.-(l.) In this Act- "the Loan Agreement" means the agreement between the Commonwealth and The Chase Manhattan Bank, whose principal office is in the City of New York in the United States of America, a copy of which is set out in the First Schedule to this Act, as varied by the document a copy of which is set out in the Second Schedule to this Act "the Qantas Agreement" means the agreement between the Commonwealth and Qantas Empire Airways Limited: referred to in the Loan Agreement. (2.) For the purposes of this Act, the promissory notes delivered by the Commonwealth under the Loan Agreement shall be deemed to form part of the Loan Agreement. Approval of 4. The borrowing by the Treasurer, on behalf of the Corn- borrowing. monwealth, in accordance with the Loan Agreement, of moneys in the currency of the United States of America not exceeding in the whole Thirteen million dollars is approved. Application 5.-(l.) The Treasurer shall, on behalf of the Commonwealth, of moneys. in accordance with the Qantas Agreement, lend to Qantas Empire Airways Limited amounts equivalent to the moneys borrowed under the Loan Agreement. (2.) The moneys required for the purpose of loans under the last preceding sub-section are payable out of the Loan Fund, which is to the necessary extent appropriated accordingly. Payments in 6. In the event of any moneys being required for the purpose ~Z~f~W~I of the making by the Commonwealth of a payment to; The interest. Chase Manhattan Bank under the Loan Agreement in respect of a liability for principal or interest that has not been discharged by a payment to that Bank by Qantas Empire Airways Limited in accordance with the Qantas Agreement, the moneys so required shall be paid out of the Consolidated Revenue Fund. Expensca and 7. The expenses of borrowing under the Loan Agreement, charges, and commitment fee and charges, other than interest, payable by the Commonwealth under the Loan Agreement, shall be paid out of the Consolidated Revenue Fund. Appropriation 8. The Consolidated Revenue Fund is appropriated to the ~~o~t~ed extent necessary for the purposes of the last two preceding sections. National Debt 9. The National Debt Sinking Fund Act 1923-1950 does ~ ~ind not apply in relation to moneys borrowed under the Loan apply. Agreement. PAGENO="0107" AIR LAWS AND TREATIES OF THE WORLD 101 THE SCHEDULES. FIRST SCHEDULE. Section 3. LOAN AGREEMENT dated June 17, 1958 between COMMONWEALTH OF AUSTRALIA (" the Commonwealth ") and THE CHASE MANHATTAN BANK (" Chase "). The Commonwealth has requested Chase to make advances to it for the purpose of enabling the Commonwealth to make available to Qantas Empire Airways Limited ("Qantas ") amounts in United States dollars C' dollars ") required by Qantas to pay the purchase price of five Lockheed Electra aircraft and related spare parts and equipment. Upon the terms hereof Chase is prepared to make advances for such purpose. Accordingly, the parties agree as follows-: §1. On the terms hereof Chase will make advances to the Commonwealth at the latter's request, from time to time from the date hereof until December 31, 1959, up to an aggregate amount of $13,000,000. The obligation of Chase to make advances up to such amount is called Chase's "commitment" and the aggregate of all the advances made to the Commonwealth is called "the Loan ". Each advance will be in the amount of $1,000,000 or a multiple thereof. The Commonwealth will repay the Loan, in dollars, in ten equal semi-annual instalments. The first instalment will be due and payable June 30, 1960 and a subsequent instalment will be due and payable on the last day of each December and June thereafter until the amount of the Loan has been repaid. So much of the Loan as is to be repaid by the first six instalments will bear interest at the rate of 4~ % per annum and the remainder of the Loan will bear interest at the rate of' 4~ % per annum. The Commonwealth will pay interest ~n the amount of the Loan for the time being outstanding, in dollars, semi.annually on the last day of June and December in each year until the Loan is repaid. §2. The Commonwealth will give Chase at least five business days notice of the date on which any advance is required and the amount of the advance required. On the date on which each advance is required Chase will make the amount of the advance available to the Commonwealth, either by credit to such account on Chase's books as the Commonwealth designates or by Chase's check in New York Clearing House funds, as the Commonwealth elects. On the date on which the first advance is required; Chase will open in its books a loan account in the name of the Commonwealth (" the Loan Account ") and will debit to the Loan Account the amount of each advance as and when it is made. The Commonwealth will promptly make the proceeds of each advance available to Qantas pursuant to the Qantas Agreement referred to in §6.A. §3. Semi-annually on the last day of June and December in each year, the Common- wealth will pay interest on the debit balance from time to time appearing on the Loan Account at the rate of 41% per annum on 60% of such debit balance from time to time and at the rate of 41% per annum on 40% of the debit balance from time to time, both rates being computed on the daily average of the amount of the debit balance on the basis of a year of 360 days. As evidence of the Loan the Commonwealth will, on or before December 31, 1959, deliver to Chase two promissory notes of the Com- monwealth (" the Notes "), duly executed by the Treasurer of the Commonwealth and by any person at the time Consul General, Acting Consul General or Consul of the Commonwealth in New York City. Each of the Notes will be substantially in the form of Exhibit A hereto and appropriately completed in accordance with §1. One of the Notes will evidence so much of the Loan as is to be repaid by the first six instalments and the other will evidence so much of the Loan as is to be repaid by the remaining four instalments. Upon delivery of the Notes, the Loan Account will be closed and no further interest will be payable by the Commonwealth in respect of the Loan Account. §4. The Commonwealth represents, warrants and agrees that the principal of and interest on the Loan will be free of all present or future taxes imposed by the Com- monwealth, or by any taxing authority thereof or therein, except to the extent that the right to receive payment of the principal of or interest on the Loan is or comes to be beneficially owned by any person residing in or ordinarily a resident of the Com- monwealth. §5. The Commonwealth represents and warrants that there has been no material adverse change in the financial, economic or political conditions of the Commonwealth from the conditions set forth in the Prospectus dated April 22, 1958 relating to the Commonwealth's Fifteen Year 41% Bonds Due May 1, 1973. §6. Chase's obligation to make each advance to the Commonwealth is subject to the performance by the Commonwealth of all its obligations under this agreement, to the accuracy of its representations and warranties herein contained, and to the satisfaction on the date of such advance of the following further conditions: PAGENO="0108" 102 AIR LAWS AND TREATIES OF THE WORLD FIRST ScHEDuLE-continued. A. There shall then be in force, and before the first advance Chase shall have received an executed duplicate of, an agreement between the Commonwealth and Qantas (" the Qantas Agreement "), in a form satisfactory to Chase, which shall include provisions to the effect that (i) upon receiving the proceeds of each advance hereunder the Com- monwealth will promptly lend to Qantas an amount in dollars equal to the amount of such advance; (ii) payments of principal of and interest on the loans to Qantas will be due on dates and in amounts corresponding to the dates and amounts of the payments due on the Loan ; and (iii) Qantas agrees with the Commonwealth, for the benefit of Chase, that on each date when an amount of principal and/or interest is due on the Loan Qantas will pay such amount, in dollars, directly to Chase for application in payment of the corresponding principal of and/or interest on the Loan, such payment by Qantas to discharge, pro tanto, its obligations to the Commonwealth. Chase hereby agrees that each such payment received by Chase from Qantas will be promptly applied by Chase on the Loan and, when applied, will discharge, pro tanto, the obligations of the Commonwealth in respect of the Loan. B. Before the first advance Chase shall have received an opinion of the Solicitor- General or Acting Solicitor-General of the Commonwealth, in a form satisfactory to Chase, to the effect that (i) the Loan and the Notes have been duly authorized in accordance with the laws of the Commonwealth and the Order or Orders in Council applicable thereto ; (ii) the Notes, when signed by the Treasurer of the Commonwealth and an Authorized Representative and delivered in accordance herewith, will constitute valid, binding, absolute and unconditional obligations of the Commonwealth, for the performance of which the full faith and credit of the Commonwealth is pledged; and (iii) this agreement has been duly authorized and executed in accordance with the laws of the Commonwealth and the Order or Orders in Council applicable hereto and all the provisions hereof are valid and binding as against the Commonwealth. C. All legal matters relative to each advance, the Notes and the Qantas Agreement shall be satisfactory to Chase's counsel, Messrs. Milbank, Tweed, Hope & Hadley, and to such Australian counsel as they may consult. §7. The Commonwealth will pay to Chase, in dollars, commitment fee computed at the rate of 4 of 1 % per annum (on the basis of a year of 360 days), for the period from May 15, 1958 to December 31, 1959, on the daily average amount of Chase's commitment which has not been advanced to the Commonwealth. Accrued commitment fee will be paid on the last day of June and December in each year. §8. The Commonwealth agrees that, from the date hereof until the payment in full of the Loan-: A. If the Commonwealth sells, offers for public subscription or in any manner disposes of any bonds or loans constituting external debt of the Commonwealth secured by lien on any revenue or asset of the Commonwealth, the Loan and the Notes will be secured equally and ratably therewith and the Commonwealth will make appropriate provision to that end, where necessary. B. From time to time, at the request of Chase, the Commonwealth will promptly deliver to Chase copies of all reports and other documents filed by the Commonwealth with the United States Securities and Exchange Commission. C. Chase may accept and rely upon requests for advances, notices or other com- munications from the Commonwealth, relative to the transactions hereby contemplated, if signed by any person at the time Consul General, Acting Consul General or Consul of the Commonwealth in New York City. §9. If any principal of or interest on the Loan or any Note is not paid when due or if the Notes are not duly delivered in accordance with §3, and if any such default continues for ten days, Chase may, by written notice mailed to the Commonwealth, addressed to it at The Commonwealth Treasury, Canberra, Australia, declare the entire principal amount of the Loan and each Note, and accrued interest thereon, to be, and the same will become, forthwith due and payable. §10. The Commonwealth will reimburse Chase for its out-of-pocket expenses (including counsel fees) in connection with this agreement and the advances hereunder. IN WITNESS WHEREOF, the parties have caused this agreement to be duly executed as of the date first above written. COMMONWEALTH OF AUSTRALIA By Jos. Francis Australian Consul General at New York THE CHASE MANHATTAN BANK By J. P. Mitchell Vice President PAGENO="0109" AIR LAWS AND TREATIES OF THE WORLD 103 FIRST ScmmuLE-continued; EXHIBIT A $ New York, N.Y. December 31, 1959 For value received, COMMONWEALTH OF AUSTRALIA (" the Commonwealth ") hereby promises to pay to the order of THE CHASE MANHATTAN BANK (" the Payee "), at the Payee's principal office at 18 Pine Street, New York, N.Y., the principal sum of [insert 60% or 40% of the Loan, as the case may be], in lawful money of the United States of America, by [insert six or four, as the case may be] semi-annual instalments of $ [insert 1/6th or 1/4th, as the case may be, of the principal sum] each. The first semi-annual instalment shall be payable on June 30, [insert 1960 or 1963, as the case may be] and a subsequent semi-annual instalment shall be payable on the last day of each December and June thereafter until the principal sum is paid in full. The Commonwealth also hereby promises to pay interest on so much of said principal sum as is from time to time unpaid, from the date hereof, in like money, at said office, semi-annually on the last day of June and December in each year, at the rate of [insert 4* or 4*, as the case may be] % per annum. This note is one of the Notes referred to in f he Loan Agreement dated June 17, 1958 between the Commonwealth and the Payee and is entitled to the benefits therein provided. Upon the terms provided in such Loan Agreement the principal hereof and accrued interest bereon may become payable prior to ~tated maturity. The principal hereof and interest hereon will be paid free of all taxes now or at any time hereafter imposed by the Commonwealth, or by any taxing authority thereof or therein, except to the extent that this note is beneficially owned by any person residing in or ordinarily a resident of the Commonwealth. COMMONWEALTH OF AUSTRALIA By Treasurer of the Commonwealth of Australia - SECOND SCHEDULE. Section 3. THE CHASE MANHATTAN BANK NEW YORK June 17, 1958 Commonwealth of Australia Australian Consulate-General 636 Fifth Avenue NEW YORK 20, N.Y. Attention of Sir Josiah Francis, Consul-General Gentlemen: We refer to our Loan Agreement with you, dated June 17, 1958, in which it is provided in the third sentence of Section 1, that each advance will be in the amount of $1,000,000 or a multiple thereof. In the interest of simplifying the computations involved in making these advances, we should appreciate your agreeing with us that instead of $1,000,000, each advance shall be in the amount of $1,300,000. If this change is acceptable to you, kindly so indicate by signing and returning to US the attached copy of this letter. With many thanks, Sincerely yours, J. P. MITCHELL Vice President Enc. Agreed: COMMONWEALTH OF AUSTRALIA By Jos. Francis Australian Consul General at New York PAGENO="0110" PAGENO="0111" CIVIL AVIATION (DAMAGE BY AIRCRAFT). No. 81 of 1958. An Act to approve Ratification by Australia of the Rome Convention on Damage caused by Foreign Aircraft to third Parties on the Surface, to give effect to that Convention, and to make provision with respect to the Liabilities of certain Operators of Aircraft in respect of damage on the Surface to which that Convention does not apply. [Assented to 10th October, 1958.] BE it enacted by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows PART I.-Plu~LIMINARY. 1. This Act may be cited as the Civil Aviation (Damage by Shoi~ title. Aircraft) Act 1958. 2.-(1.) Parts I. and IV. of this Act shall come into operation C~m~oe- on the day on which this Act receives the Royal Assent. meat. (2.) Part II. of this Act shall come into operation on a date to be fixed by Proclamation, not being earlier than the ninetieth day after the deposit on behalf of Australia of an instrument of ratification of the Convention. 105 PAGENO="0112" 106 AIR LAWS AND TREATIES OF THE WORLD (3.) Part III. of this Act shall come into operation on a date to be fixed by Proclamation. Parts. 3. This Act is divided into Parts, as follows:- Part 1.-Preliminary (Sections 1-7). Part 11.-Damage to which the Rome Convention applies (Sections 8-15). Part 111.-Other Damage to which this Act applies (Sections 16-19). Part IV.-Regulations (Section 20). De~nitions. 4. In this Act, unless the contrary intention appears- "Australia" includes the Territories of the Commonwealth; "contracting State" means a country, other than Australia, which is bound by the provisions of the Convention; "the Convention" means the Convention on Damage caused by Foreign Aircraft to third Parties on the Surface opened for signature at Rome on the seventh day of October, One thousand nine hundred and fifty-two, being the Convention a copy of the authentic text of which in the English language is set out in the Schedule to this Act. Extension to 5. This Act extends to every Territory of the Commonwealth. Territories. Act to bh~d. 6. This Act binds the Crown in right of the Commonwealth Crown. or of any State. Approval of 7. Approval is given to ratification by Australia of the ratification of Convention. Convention. PART 11.-DAMAGE TO WHICH THE ROME CONVENTION APPLIES. Convention t~ 8.-(l.) The provisions of the Convention have the force of have the force law in Australia. (2.) A reference in this Part to the Convention shall, unless the contrary intention appears, be read as a reference to the provisions of the Convention as having the force of law by virtue of this section. Actions under 9.-(l.) Where damage in relation to which the Convention Convention, applies occurs in Australia, an action under the Convention in respect of the damage does not lie in Australia except in a Court having jurisdiction in relation to the place where the damage occurs. PAGENO="0113" AIR LAWS AND TREATIES OF THE WORLD 107 (2.) Where an action under the Convention is pending in the Supreme Court of a State or Territory of the Commonwealth, an action under the Convention arising out of the same incident (other than an action instituted before the institution of the action in the Supreme Court) does not lie in any other Court of that State or Territory. (3.) Where actions under the Convention arising out of a single incident are pending in two or more CoWts of a State or Territory of the Comnonwealth (whether or not one of those Courts is the Supreme Court), the Supreme Court of that State or Territory may, upon the application of the defendant in any such action (or, if there is more than one defendant, upon the application of any defendant), order any such action to be removed into the Supreme Court, and any such order may be made on such terms and conditions as the Supreme Court thinks fit. (4.) For the purposes of section thirty-eight of the Judiciary Act 1903-1955, an action under the Convention shall be deemed not to be a matter arising directly under a treaty. (5.) For the purposes of this section, the Territory of Papua and the Territory of New Guinea shall be deemed to constitute one Territory of the Commonwealth. 1O.-(l.) A Court. in which two or more actions under the Consolidation Convention are pending, being actions arising out of a single of actions. incident, may make such orders as it thinks fit, upon such terms and conditions as it thinks fit, for the purpose of ensuring, so far as the interests of justice and convenience permit, that all of those actions are consolidated for disposal in a single pro- ceeding. (2.) The last preceding sub-section does not prejudice any power of a Court under any other law with respect to any actions to which that sub-section is applicable. 11.-(1.) The provisions of this section apply in relation to Liabinty In the liability imposed by the Convention on a person in respect ~es~t of of the death of another person. (2.) The action to enforce the liability may be brought by the personal representative of the deceased person or by one of the persons who suffered damage by reason of the death, but only one action shall be brought in Australia in respect of the death of any one person and the action, by whomsoever brought, shall be for the benefit of all persons for whose benefit the liability is enforceable who are resident in Australia or, not being resident in Australia, express the desire to take the benefit of the action. 67717 0-61-8 PAGENO="0114" 108 AIR LAWS AND TREATIES OF THE WORLD (3.) The damages recoverable in the action include loss of earnings or profits up to the date of death and the reasonable expenses of the funeral of the deceased person and medical and hospital expenses reasonably incurred in relation to the injury that resulted in the death of the deceased person. (4.) In awardihg damages, the Court is not limited to the financial loss resulting from the death of the deceased person. (5.) Subject to the next succeeding sub-section, the amount recovered in the action, after deducting any costs not recovered from the defendant, shall be divided amongst the persons entitled in such proportions as the Court (or, where the action is tried with a jury, the jury) directs. (6.) The Court may, at any stage of the proceedings, make any such order as appears to the Court to be just and equitable in view of the provisions of the Convention limiting the liability of the defendant. Proceeds of 12. In assessing damages in respect of liability under the ~ Convention in relation to the death of, or personal injury to, ~o~to a person, there shall not be taken into account- Injury. (a) a~ sum paid or payable on the death of, or personal injury to, that person under a contract of insurance; (b) a sum paid or payable out of a superannuation, provident or like fund, or by way of benefit from a friendly society, benefit society or trade union ; or (c) in the case of death, a premium that would have become payable under a contract of insurance in respect of the life of that person if he had lived after the time at which he died. Actions against 13.-(l.) A contracting State shall, for the purposes of an "~ action under the Convention brought in a Court in Australia of to enforce a claim in respect of damage for which, under the* Convention, the contracting State is liable as operator of the aircraft concerned or as being otherwise connected with that aircraft, be deemed to have submitted to the jurisdiction of that Court. (2.) Nothing in this section authorizes the issue of execution against the property of a contracting State. Evidence of 14.-(l.) The Minister may, by notice published in the cietain matttL Gazette, from time tq time declare- (a) that a country specified in the notice is a country which has ratified or adhered to the Convention and the date on which the ratification or adherence became effective; PAGENO="0115" AIR LAWS AND TREATIES OF THE WORLD 109 (b) that a count'ry has, at the time of deposit of its instrument of ratification of or adherence to the Convention, declared that its acceptance of the Convention does not apply to a territory or territories specified in the notice; (c) that a country specified in the notice has extended the application of the Convention to a territory or territories specified in the notice, and the date as from which the extension took effect; (d) that a country specified in the notice has made a declaration under paragraph 3 of Article 37 of the Convention in relation to a territory specified in the notice; or (e) that a country specified in the notice has denounced the Convention in respect of all of the territories for the foreign relations of which that country is responsible, or in respect of any such territory specified in the notice, and the date upon which the denunciation became effective. (2.) A notice under this section is evidence of the matters declared. 15.-(l.) The regulations may prescribe all matters that are Regu~ations necessary or convenient to be prescribed for carrying out or giving effect to the Convention and, in particular, matters in Convention. relation to- (a) the manner in which requirements may be made under Chapter III. of the Convention and the authority that is to be the appropriate authority in Australia for any purpose in relation to that Chapter; and (b) the manner in which evidence may be given, in pro- ceedings under the Convention, of a certificate of airworthiness of an aircraft or the identity of the registered owner of an aircraft. (2.) The regulations for carrying out or giving effect to Article 20 of the Convention may include regulations- (a) prescribing the Courts in Australia by which judgments referred to in that Article may be enforced and the formalities that are to be complied with before such a judgment may be so enforced; (b) in matters arising under that Article or the regulations- (i) conferring original jurisdiction on the High Court; (ii) investing any Court of a State with federal jurisdiction; or PAGENO="0116" 110 AIR LAWS AND TREATIES OF THE WORLD (iii) conferring jurisdiction on a court of a Terri- tory of the Commonwealth; (c) providing that an application to a Court in Australia for execution of a judgment referred to in that Article shall be made by way of, or be preceded by, an application for registration of the judgment in that Court; (d) providing that a Court to which such an application for registration of a judgment is made may refuse regis- tration of the judgment, or set aside registration, upon any ground upon which, under that Article, execution of the judgment may be refused or where, for any other reason, the judgment is found not to be enforceable under that Article; and (e) prohibiting, restricting or regulating actions or pro- ceedings in Courts in Australia upon foreign judgments in respect of liability under the Convention, for the purpose of preventing the use of such actions or proceedings as a means of evading the limitations contained in Article 20 of the Convention on rights of execution of those judgments. PART 111.-OThER DAMAGE TO WHICH THIS ACT APPLIES. Appllcatioa 16.-(1.) This Part applies to an aircraft registered in Australia of Part. which, while being used for the purposes of, or moved in the course of, trade and commerce between Australia and another country, is in flight in Australia- (a) in the course of a journey of the aircraft between a place in Australia and a place outside Australia (either with or without intermediate stopping places in Australia); or (b) in the course of a journey of the aircraft between two places in Australia, if passengers or goods are being carried in the aircraft in part performance of a contract for their carriage by a single carrier between a place in Australia and a place outside Australia. (2.) This Part also applies in relation to an aircraft, not being an aircraft registered in Australia or in a Contracting State, which is being used for the purposes of, or moved in the course of, trade and commerce between Australia and another country and is in flight in Australia. (3.) For the purposes of this section, an aircraft shall be deemed to be in flight from the moment when power is applied for the purpose of take-off until the moment when the landing run ends. PAGENO="0117" AIR LAWS AND TREATIES OF THE WORLD 111 17.-(l.) Subject to this section the provisions of the Con- Application of provisions of vention (other than Chapter III., Articles 20, 23, 27, 28 and 29 Convention. and Chapter VI.) apply, by virtue of this section, in relation to an aircraft to which this Part applies. (2.) For the purposes of this section, references to the Con- vention in the provisions of the Convention that apply by virtue of this section shall be read as references to the provisions of the Convention that apply by virtue of this section, as so applying. (3.) The provisions of Chapter II., and of Articles 19 and 21, of the Convention do not apply to an aircraft referred to in sub-section (2.) of the last preceding section, and, in the applica- tion of the provisions of the Convention which do apply to such an aircraft, every reference to the limits of liability provided by Chapter II. of the Convention shall be deemed to be omitted. 18. The provisions of sections nine, ten, eleven and twelve of Application of this Act apply for the purposes of this Part in like manner as they ~ apply for the purposes of Part II., but, in the application of those Part IL provisions, any reference to the Convention shall be read as a reference to the provisions of the Convention that apply by virtue of this Part, as so applying. 19.-(1.) The Minister may, by notice in writing, prohibit a Mizst~ may person from operating an aircraft in circumstances in which the ~ aircraft would be an aircraft to which this Part applies unless there is in force a certificate in writing issued by the Minister certifying that that person is insured to the satisfaction of the Minister against liability under this Part to an extent corres- ponding to the extent to which an operator may be required to be insured under Chapter III. of the Convention. (2.) A person to whom a notice under this section has been given shall not, while the notice is in force, contravene the notice. (3.) For the purposes of this section and of any notice under this section, a person shall be deemed to operate an aircraft if the circumstances are such that that person would, if the aircraft were one to which the Convention applies, be the operator of that aircraft for the purposes of the Convention. PART IV.-REGULATIONS. 20. The Governor-General may make regulations, not R0gujationa. inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act. PAGENO="0118" 112 AIR LAWS AND TREATIES OF THE WORLD THE SCHEDULE. Section 4. CONVENTION ON DAMAGE CAUSED BY FOREIGN AIRCRAFT TO THIRD PARTIES ON THE SURFACE. THE STATES SIGNATORY to this Convention MOVED by a desire to ensure adequate compensation for persons who suffer damage* caused on the surface by foreign aircraft, while limiting in a reasonable manner the extent of the liabilities incurred for such damage in order not to hinder the development of international civil air transport, and also CONVINCED of the need for unifying to the greatest extent possible, through an international convention, the rules applying in the various countries of the world to the liabilities incurred for such damage, HAVE APPOINTED to such effect the undersigned Plenipotentiaries who, duly authorised, HAVE AGREED AS FOLLOWS: CHAPTER I-PRINCIPLES OF LIABILITY Article 1 I. Any person who suffers damage on the surface shall, upon proof only that the damage was caused by an aircraft in flight or by any person or thing falling therefrom, be entitled to compensation as provided by this Convention. Nevertheless there shall be no right to compensation if the damage is not a direct consequence of the incident giving rise thereto, or if the damage results from the mere fact of passage of the aircraft through the airspace in conformity with existing air traffic regulations. 2. For the purpose of this Convention, an aircraft is considered to be in flight from the moment when power is applied for the purpose of actual take-off until the moment when the landing run ends. In the case of an aircraft lighter than air, the expression "in flight" relates to the period from the moment when it becomes detached from the surface until it becomes again attached thereto. Article 2 I. The liability for compensation contemplated by Article 1 of this Convention shall attach to the operator of the aircraft. 2. (a) For the purposes of this Convention the term "operator" shall mean the person who was making use of the aircraft at the time the damage was caused, provided that if control of the navigation of the aircraft was retained by the person from whom the right to make use of the aircraft was derived, whether directly or indirectly, that person shall be considered the operator. (b) A person shall be considered to be making use of an aircraft when he is using it personally or when his servants or agents are using the aircraft in the course of their employment, whether or not within the scope of their authority. 3. The registered owner of the aircraft shall be presumed to be the operator and shall be liable as such unless, in the proceedings for the determination of his liability, he proves that some other person was the operator and, in so far as legal procedures permit, takes appropriate measures to make that other person a party in the proceedings. Article 3 If the person who was the operator at the time the damage was caused had not the exclusive right to use the aircraft for a period of more than fourteen days, dating from the moment when the right to use commenced, the person from whom such right was derived shall be liable jointly and severally with the operator, each of them being bound under the provisions and within the limits of liability of this Convention. Article 4 If a person makes use of an aircraft without the consent of the person entitled to its aavigational control, the latter, unless he proves that he has exercised due care to prevent such use, shall be jointly and severally liable with the unlawful user for damage giving a right to compensation under Article 1, each of them being bound under the provisions and within the limits of liability of this Convention. PAGENO="0119" AIR LAWS AND TREATIES OF THE WORLD 113 THE SCHEDULE-continued. Article 5 Any person who would otherwise be liable under the provisions of this Convention shall not be liable if the damage is the direct consequence of armed conflict or civil disturbance, or if such person has been deprived of the use of the aircraft by act of public authority. Article 6 1. Any person who would otherwise be liable under the provisions of this Convention shall not be liable for damage if he proves that the damage was caused solely through the negligence or other wrongful act or omission of the person who suffers the damage or of the latter's servants or agents. If the person liable proves that the damage was contributed to by the negligence or other wrongful act or omission of the person who suffers the damage, or of his servants or agents, the compensation shall be reduced to the extent to which such negligence or wrongful act or omission contributed to the damage. Nevertheless there shall be no such exoneration or reduction if, in the case of the negligence or other wrongful act or omission of a servant or agent, the person who suffers the damage proves that his servant or agent was acting outside the scope of his authority. 2. When an action is brought by one person to recover damages arising from the death or injury of another person, the negligence or other wrongful act or omission of such other person, or of his servants or agents, shall also have the effect provided in the preceding paragraph. Article 7 When two or more aircraft have collided or interfered with each other in flight and damage for which a right to compensation as contemplated in Article I results, or when two or more aircraft have jointly caused such damage, each of the aircraft concerned shall be considered to have caused the damage and the operator of each aircraft shall be liable, each of them being bound under the provisions and within the limits of liability of this Convention. Article 8 The persons referred to in paragraph 3 of Article 2 and in Articles 3 and 4 shall be entitled to all defences which are available to an operator under the provisions of this Convention. Article 9 Neither the operator, the owner, any person liable under Article 3 or Article 4. nor their respective servants or agents, shall be liable for damage on the surface caused by an aircraft .in flight or any person or thing falling therefrom otherwise than as expressly provided in this Convention. This rule shall not apply to any such person who is guilty of a deliberate act or omission done with intent to cause damage. Article 10 Nothing in this Convention shall prejudice the question whether a person liable for damage in accordance with its provisions has a right of recourse against any other person. CHAPTER 11.-EXTENT OF LIABILITY Article 11 1. Subject to the provisions of Article 12, the liability for damage giving a right to compensation under Article 1, for each aircraft and incident, in respect of all persons liable under this Convention, shall not exceed: (a) 500,000 francs for aircraft weighing 1,000 kilogrammes or less; (b) 500,000 francs plus 400 francs per kilogramme over 1,000 kilogrammes for aircraft weighing more than 1,000 but not exceeding 6,000 kilogrammes; (c) 2,500,000 francs plus 250 francs per kilogramme over 6,000 kilogrammes for aircraft weighing more than 6,000 but not exceeding 20,000 kilogrammes; (d) 6,000,000 francs plus 150 francs per kilogramme over 20,000 kilogrammes for aircraft weighing more than 20,000 but not exceeding 50,000 kilogrammes; (e) 10,500,000 francs plus 100 francs per kilogramme over 50,000 kilogrammes for aircraft weighing more than 50,000 kilogrammes. 2. The liability in respect of loss of life or personal injury shall not exceed 500,000 francs per person killed or injured. 3. "Weight" means the maximum weight of the aircraft authorised by the certificate of airworthiness for take-off, excluding the effect of lifting gas when used. PAGENO="0120" 114 AIR LAWS AND TREATIES OF THE WORLD THE SCHEDULE-continued. 4. The sums mentioned in francs in this Article refer to a currency unit consisting of 65+ milligrammes of gold of millesimal fineness 900. These sums may be converted into national currencies in round figures. Conversion of the sums into national currencies other than gold shall, in case of judicial proceedings, be made according to the gold value of such currencies at the date of the judgment, or, in cases covered by Article 14, at the date of the allocation. Article 12 1. If the person who suffers damage proves that it was caused by a deliberate act or omission of the operator, his servants or agents, done with intent to cause damage, the liability of the operator shall be unlimited; provided that in the case of such act or omission of such servant or agent, it is also proved that he was acting in the course of his employment and within the scope of his authority. 2. If a person wrongfully takes and makes use of an aircraft without the consent of the person entitled to use it, his liability shall be unlimited. Article 13 I. Whenever, under the provisions of Article 3 or Article 4, two or more persons are liable for damage, or a registered owner who was not the operator is made liable as such as provided in paragraph 3 of Article 2, the persons who suffer damage shall not be entitled to total. compensation greater than the highest indemnity which may be awarded under the provisions of this Convention against any one of the persons liable. 2. When the provisions of Article 7 are applicable, the person who suffers the damage shall be entitled to be compensated up to the aggregate of the limits applicable with respect to each of the aircraft involved, but no operator shall be liable for a sum in excess of the limit applicable to his aircraft unless his liability is unlimited under the terms of Article 12. Article 14 If the total amount of the claims established exceeds the limit of liability applicable under the provisions of this Convention, the following rules shall apply, taking into account the provisions of paragraph 2 of Article 11: (a) If the claims are exclusively in respect of loss of life or personal injury or exclusively in respect of damage to property, such claims shall be reduced in proportion to their respective amounts. (b) If the claims are both in respect of loss of life or personal injury and in respect of damage to property, one half of the total sum distributable shall be appropriated preferentially to meet claims in respect of~ loss of life and personal injury and, if insufficient, shall be distributed proportionately between the claims concerned. The remainder of the total sum distributable shall be distributed proportionately among the claims in respect of damage to property and the portion not already covered of the claims in respect of loss of life and personal injury. CHAPTER 111.-SECURITY FOR OPERATOR'S LIABILtTY Article 15 1. Any Contracting State may require that the operator of an aircraft registered in another Contracting State shall be insured in respect of his liability for damage sustained in its territory for which a right to compensation exists under Article 1 by means of insurance up to the limits applicable according to the provisions of Article 11. 2. (a) The insurance shall be accepted as satisfactory if it conforms to the provisions of this Convention and has been effected by an insurer authorised to effect such insurance under the laws of the State where the aircraft is registered or of the State where the insurer has his residence or principal place of business, and whose financial responsibility has been verified by either of those States. (b) If insurance has been required by any State under paragraph 1 of this Article, and a final judgment in that State is not satisfied by payment in the currency of that State, any Contracting State may refuse to accept the insurer as financially responsible until such payment, if demanded, has been made. 3. Notwithstanding the last preceding paragraph the State overflown may refuse to accept as satisfactory insurance effected by an insurer who is not authorised for that purpose in a Contracting State. PAGENO="0121" AIR LAWS AND TREATIES OF THE WORLD 115 Ties Scuwui..s-continued. 4. Instead of insurance, any of the following securities shall be deemed satisfactory If the security conforms to Article 17: (a) a cash deposit in a depository maintained by the Contracting State where the aircraft is registered or with a bank authorised to act as a depository by that State; (b) a guarantee given by a bank authorised to do so by the Contracting State where the aircraft is registered, and whose financial responsibility has been verified by that State; (c) a guarantee given by the Contracting State where the aircraft is registered, if that State undertakes that it will not claim immunity from suit in respect of that guarantee. 5. Subject to paragraph 6 of this Article, the State overflown may also require that the aircraft shall carry a certificate issued by the insurer certifying that insurance has been effected in accordance with the provisions of this Convention, and specifying the person or persons whose liability is secured thereby, together with a certificate or endorsement issued by the appropriate authority in the State where the aircraft is registered or in the State where the insurer has his residence or principal place of business certifying the financial responsibility of the insurer. If other security is furnished in accordance with the provisions of paragraph 4 of this Article, a certificate to that effect shall be issued by the appropriate authority in the State where the aircraft is registered. 6. The certificate referred to in paragraph 5 of this Article need not be carried in the aircraft if a certified copy has been filed with the appropriate authority designated by the State overflown or, if the International Civil Aviation Organization agrees, with that Organization, which shall furnish a copy of the certificate to each contracting State. 7. (a) Where the State overflown has reasonable grounds for doubting the financial responsibility of the insurer, or of the bank which issues a guarantee under paragraph 4 of this Article, that State may request additional evidence of financial responsibility, and if any question arises as to the adequacy of that evidence the dispute affecting the States concerned shall, at the request of one of those States, be submitted to an arbitral tribunal which shall be either the Council of the International Civil Aviation Organization or a person or body mutually agreed by the parties. (b) Until this tribunal has given its decision the insurance or guarantee shall be considered provisionally valid by the State overflown. 8. Any requirements imposed in accordance with this Article shall be notified to the Secretary General of the International Civil Aviation Organization who shall inform each Contracting State thereof. 9. For the purpose of this Article, the term "insurer" includes a group of insurers, and for the purpose of paragraph 5 of this Article, the phrase "appropriate authority in a State" includes the appropriate authority in the highest political subdivision thereof which regulates the conduct of business by the insurer. Article 16 1. The insurer or other person providing security required under Article 15 for the liability of the operator may, in addition to the defences available to the operator, and the defence of forgery, set up only the following defences against claims based on the application of this Convention: (a) that the damage occurred after the security ceased to be effective. However, if the security expires during a flight, it shall be continued in force until the next landing specified in the flight plan, but no longer than twenty-four hours; and if the security ceases to be effective for any reason other than the expiration of its term, or a change of operator, it shall be `ontinued until fifteen days after notification to the appropriate authority of the State which certifies the financial responsibility of the insurer or the guarantor that the security has ceased to be effective, or until effective withdrawal of the certificate of the insurer or the certificate of guarantee if such a certificate has been required under paragraph 5 of Article 15, whichever is the earlier; (b) that the damage occurred outside the territorial limits provided for by the security, unless flight outside of such limits was caused by force majeure, assistance justified by the circumstances, or an error in piloting, operation or navigation. PAGENO="0122" 116 AIR LAWS AND TREATIES OF THE WORLD THE ScHEDULE-continued. 2. The State which has issued or endorsed a certificate pursuant to paragraph 5 of Article 15 shall notify the termination or cessation, otherwise than by the expiration of its term, of the insurance or other security to the interested contracting States as soon as possible. 3. Where a certificate of insurance or other security is required under paragraph 5 of Article 15 and, the operator is changed during the period of the validity of the security, the security shall apply to the liability under this Convention of the new operator, unless he is already covered by other insurance or security or is an unlawful user, but not beyond fifteen days from the time when the insurer or guarantor notifies the appropriate authority of the State where the certificate was issued that the security has become ineffective or until the effective withdrawal of thecertificate of the insurerifsuch a certificate has been required under paragraph 5 of Article 15, whichever is the shorter period. 4. The continuation in force of the security under the provisions of paragraph 1 of this Article shall apply only for the benefit of the person suffering damage. 5. Without prejudice to any right of direct action which he may have under the law governing the contract of insurance or guarantee, the person suffering damage may bring a direct action against the insurer or guarantor only in the following cases: (a) where the security is continued in force under the provisions of paragraph 1 (a) and (b) of this Article; (b) the bankruptcy of the operator. 6. Excepting the defences specified in paragraph 1 of this Article, the insurer or other person providing security may not, with respect to direct actions brought by the person suffering damage based upon application of this Convention, avail himself of any grounds of nullity or any right of retroactive cancellation. 7. The provisions of this Article shall not prejudice the question whether the insurer or guarantor has a right of recourse against any other person. Article 17 1. If security is furnished in accordance with paragraph 4 of Article 15, it shall be specifically and preferentially assigned to payment of claims under the provisions of this Convention. 2. The security shall be deemed sufficient if, in the case of an operator of one air- craft, it is for an amount equal to the limit applicable according to the provisions of Article 11, and in the case of an operator of several aircraft, if it is for an amount not less than the aggregate of the limits of liability applicable to the two aircraft subject to the highest limits. 3. As soon as notice of a claim has been given to the operator, the amount of the security shall be increased up to a total sum equivalent to the aggregate of: (a) the amount of the security then required by paragraph 2 of this Article, and (b) the amount of the claim not exceeding the applicable limit of liability. This increased security shall be maintained until every claim has been disposed of. Article 18 Any sums due to an operator from an insurer shall be exempt from seizure and execution by creditors of the operator until claims of third parties under this Convention have been satisfied. CHAPTER IV.-RULEs oi~ PROCEDURE AND LIMITATION OF ACTIONS Article 19 If a claimant has not brought an action to enforce his claim or if notification of such claim has not been given to the operator within a period of six months from the date of the incident which gave rise to the damage, the claimant shall only be entitled to compensation out of the amount for which the operator remains liable after all claims made within that period have been met in full. Article 20 1. Actions under the provisions of this Convention may be brought only before the courts of the Contracting State where the damage occurred. Nevertheless, by agreement between any one or more claimants and any one or more defendants, such claimants may take action before the courts of any other Contracting State, but no PAGENO="0123" AIR LAWS AND TREATIES OF THE WORLD 117 Ties SCHEDULE-continued. such proceedings shall have the effect of prejudicing in any way the rights of persons who bring actions in the State where the damage occurred. The parties may also agree to submit disputes to arbitration in any Contracting State. 2. Each Contracting State shall take all necessary measures to ensure that the defendant and all other parties interested are notified of any proceedings concerning them and have a fair and adequate opportunity to defend their interests. 3. Each Contracting State shall so far as possible ensure that all actions arising from a single incident and brought in accordance with paragraph 1 of this Article are consolidated for disposal in a single proceeding before the same court. 4. Where any final judgment, including a judgment by default, is pronounced by a court competent in conformity with this Convention, on which execution can be issued according to the procedural law of that court, the judgment shall be enforceable upon compliance with the formalities prescribed by the laws of the Contracting State, or of any territory, State or province thereof, where execution is applied for: (a) in the Contracting State where the judgment debtor has his residence or principal place of business or, (b) if the assets available in that State and in the State where the judgment was pronounced are insufficient to satisfy the judgment, in any other Contracting State where the judgment debtor has assets. 5. Notwithstanding the provisions of paragraph 4 of this Article, the court to which application is made for execution may refuse to issue execution if it is proved that any of the following circumstances exist: (a) the judgment was given by default and the defendant did not acquire knowledge of the proceedings in sufficient time to act upon it; (b) the defendant was not given a fair and adequate opportunity to defend his interests; (c) the judgment is in respect of a cause of action which had already, as between the same parties, formed the subject of a judgment or an arbitral award which, under the law of the State where execution is sought, is recognized as final and conclusive; (d) the judgment has been obtained by fraud of any of the parties; (e) the right to enforce the judgment is not vested in the person by whom the application for execution is made. 6. The merits of the case may not be reopened in proceedings for execution under paragraph 4 of this Article. 7. The court to which application for execution is made may also refuse to issue execution if the judgment concerned is contrary to the public policy of the State in which execution is requested. 8. If, in proceedings brought according to paragraph 4 of this Article, execution of any judgment is refused on any of the grounds referred to in sub-paragraphs (a), (b) or (d) of paragraph 5 or paragraph 7 of this Article, the claimant shall be entitled to bring a new action before the courts of the State where execution has been refused. The judgment rendered in such new action may not result in the total compensation awarded exceeding the limits applicable under the provisions of this Convention. In such new action the previous judgment shall be a defence only to the extent to which it has been satisfied. The previous judgment shall cease to be enforceable as soon as the new action has been started. The right to bring a new action under this paragraph shall, notwithstanding the provisions of Article 21, be subject to a period of limitation of one year from the date on which the claimant has received notification of the refusal to execute the judgment. 9. Notwithstanding the provisions of paragraph 4 of this Article, the court to which application for execution is made shall refuse execution of any judgment rendered by a court of a State other than that in which the damage occuirei until all the judgments rendered in that State have been satisfied. The court applied to shall also refuse to issue execution until final judgment has been given on all actions filed in the State where the damage occurred by those persons who have complied with the time limit referred to in Article 19, if the judgment debtor proves that the total amount of compensation which might be awarded by such judgments might exceed the applicable limit of liability under the provisions of this Convention. Similarly such court shall not grant execution when, in the case of actions brought in the State where the damage occurred by those persons who have complied with the time limit referred to in Article 19, the aggregate of the judgments exceeds the applicable limit of liability, until such judgments have been reduced in accordance with Article 14. PAGENO="0124" 118 AIR LAWS AND TREATIES OF THE WORLD THE SCHEDULE-continued. 10. Where a judgment is rendered enforceable under this Article, payment of costs recoverable under the judgment shall also be enforceable. Nevertheless the court applied to for execution may, on the application of the judgment debtor, limit the amount of such costs to a sum equal to ten per centum of the amount for which the judgment is rendered enforceable. The limits of liability prescribed by this Convention shall be exclusive of costs. 11. Interest not exceeding four per centum per annum may be allowed on the judg- ment debt from the date of the judgment in respect of which execution is granted. 12. An application for execution of a judgment to which paragraph 4 of this Article applies must be made within five years from the date when such judgment became final. Article 21 I. Actions under this Convention shall be subject to a period of limitation of two years from the date of the incident which caused the damage. 2. The grounds for suspension or interruption of the period referred to in paragraph 1 of this Article shall be determined by the law of the court trying the action; but in any case the right to institute an action shall be extinguished on the~ expiration of three years from the date of the incident which caused the damage. Article 22 In the event of the death of the person liable, an action in respect of liability under the provisions of this Convention shall lie against those legally responsible for his obligations. CHAPTER V-APPLICATION OF THE CONVENTION AND GENERAL PRovIsioNs Article 23 1. This Convention applies to damage contemplated in Article 1 caused in the territory of a Contracting State by an aircraft registered in the territory of another Contracting State. 2. For the purpose of this Convention a ship or aircraft on the high seas shall be regarded as part of the territory of the State in which it is registered. Article 24 This Convention shall not apply to damage caused to an aircraft in flight, or to persons or goods on board such aircraft. Article 25 This Convention shall not apply to damage on the surface if liability for such damage is regulated either by a contract between the person who suffers such damage and the operator or the person entitled to use the aircraft at the time the damage occurred, or by the law relating to workmen's compensation applicable to a contract of employment between such persons. Article 26 This Convention shall not apply to damage caused by military, customs or police aircraft. Article 27 Contracting States will, as far as possible, facilitate payment of compensation under the provisions of this Convention in the currency of the State where the damage occurred. Article 28 If legislative measures are necessary in any Contracting State to give effect to this Convention, the Secretary General of the International Civil Aviation Organization shall be informed forthwith of the measures so taken. Article 29 As between Contracting States which have also ratified the international Convention for the Unification of Certain Rules relating to Damage caused by Aircraft to Third Parties on the Surface opened for signature at Rome on the 29 May 1933, the present Convention upon its entry into force shall supersede the said Convention of Rome. PAGENO="0125" AIR LAWS AND TREATIES OF THE WORLD 119 THE SCHEDULE-continued. Article 30 For the purposes of this Convention: "Person" means any natural or legal person, including a State. "Contracting State" means any State which has ratified or adhered to this Convention and whose denunciation thereof has not become effective. "Territory of a State" means the metropolitan territory of a State and all territories for the foreign relations of which that State is responsible, subject to the provisions of Article 36. CHAPTER VJ.-FINAL PROVISIONS Article 31 This Convention shall remain open for signature on behalf of any State until it comes into force in accordance with the provisions of Article 33. Article 32 I. This Convention shall be subject to ratification by the signatory States. 2. The instruments of ratification shall be deposited with the International Civil Aviation Organization. Article 33 1. As soon as five of the Signatory States have deposited their instruments of ratifica- tion of this Convention, it shall come into force between them on the ninetieth day after the date of the deposit of the fifth instrument of ratification. Jt shall come into force, for each State which deposits its instrument of ratification after that date, on the ninetieth day after the deposit of its instrument of ratification. 2. As soon as this Convention comes into force, it shall be registered with the United Nations by the Secretary General of the International Civil Aviation Organization. Article 34 1. This Convention shall, after it has come into force, be open for adherence by any non-signatory State. 2. The adherence of a State shall be effected by the deposit of an instrument of adherence with the International Civil Aviation Organization and shall `take effect as from the ninetieth day after the date of the deposit. Article 35 1. Any Contracting State may denounce this Convention by notification of denuncia- tion to the International Civil Aviation Organization. 2. Denunciation shall take effect six months after the date of receipt by the Interna- tional Civil Aviation Organization of the notification of denunciation; nevertheless, in respect of damage contemplated in Article 1 arising from an incident which occurred before the expiration of the six months period, the Convention shall continue to apply as if the denunciation had not been made. Article 36 I. This Convention shall apply to all territories for the foreign relations of which a Contracting State is responsible, with the exception of territories in respect of which a declaration has been made in accordance with paragraph 2 of this Article or paragraph 3 of Article 37. 2. Any State may at the time of deposit of its instrument of ratification or adherence, declare that its acceptance of this Convention does not apply to any one or more of the territories for the foreign relations of which such State is responsible. 3. Any Contracting State may subsequently, by. notification to the International Civil Aviation Organization, extend the application of this Convention to any or all of the territories regarding which it has made a declaration in accordance with paragraph 2 of this Article or paragraph 3 of Article 37. The notification shall take effect as from the ninetieth day after its receipt by the Organization. 4. Any Contracting State may denounce this Convention, in accordance with the provisions of Article 35, separately for any or all of the territories for the foreign relations of which such State is responsible. PAGENO="0126" 120 AIR LAWS AND TREATIES OF THE WORLD THE SCHEDULE-continued. Article 37 I. When the whole or part of the territory of a Contracting State is transferred to a non-contracting State, this Convention shall cease to apply to the territory so trans- ferred, as from the date of the transfer, 2. When part of the territory of a Contracting State becomes an independent State responsible for its own foreign relations, this Convention shall cease to apply to the territory which becomes an independent State, as from the date on which it becomes independent. 3. When the whole or part of the territory of another State is transferred to a Contracting State, the Convention shall apply to the territory so transferred as from the date of the transfer; provided that, if the territory transferred does not become part of the metropolitan territory of the Contracting State concerned, that Contracting State may, before or at the time of the transfer, declare by notification to the International Civil Aviation Organization that the Convention shall not apply to the territory transferred unless a notification is made under paragraph 3 of Article 36. Article 38 The Secretary General of the International Civil Aviation Organization shall give notice to all signatory and adhering States and to all States members of the Organizatior~ or of the United Nations: (a) of the deposit of any instrument of ratification or adherence and the date thereof, within thirty days from the date of the deposit, and (b) of the receipt of any denunciation or of any declaration or notification made under Article 36 or 37 and the date thereof, within thirty days from the date of the receipt. The Secretary General of the Organization shall also notify these States of the date on which the Convention comes into force in accordance with paragraph 1 of Article 33. Article 39 No reservations may be made to this Convention. IN WITNE5S WHEREOF the undersigned Plenipotentiaries, having been duly authorised, have signed this Convention. DONE at Rome on the seventh day of the month of October of the year One Thousand Nine Hundred and Fifty-two in the English, French and Spanish languages, each text being of equal authenticity. This Convention shall be deposited with the International Civil Aviation Organization where, in accordance with Article 31, it shall remain open for signature, and the Secretary General of the Organization shall send certified copies thereof to all signatory and. adhering States and to all States members of the Organization or the United Nations. [Here follow the signatures of the Plenipotentiaries of the States on behalf of which the Convention was signed.1 PAGENO="0127" CIVIL AVIATION (CARRIERS' LIABILITY). No. 2 of 1959. An Act relating to Carriage by Air. [Assented to 21st April, 1959.] BE it enacted by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows :- P~T I.-Piu~uMINARY. 1. This Act may be cited as the Civil Aviation (Carriers' Short title. Liability) Act 1959. 2.-(1.) Parts I., III. and V. of this Act shall come into ~ operation on the day on which this Act receives the Royal Assent. (2.) Parts II. and IV. of this Act shall come into operation on such dates as are respectively fixed by Proclamation. 3. This Act is divided into Parts, as follows:- Pam. Part 1.-Preliminary (Sections 1-9). Part 11.-Carriage to which the Warsaw Convention and the Hague Protocol apply (Sections 10-19). 121 PAGENO="0128" 122 AIR LAWS AND TREATIES OF THE WORLD Part 111.-Carriage to which the Warsaw Convention with- Out the Hague Protocol applies (Sections 20-25). Part IV.-Other Carriage to which this Act applies (Sections 26-41). Part V.-Miscellaneous (Sections 42-43). Repeal ~d 4.-(1.) The Carriage by Air Act 1935 is repealed. saving. (2.) Notwithstanding the last preceding sub-section, the provisions of the Carriage by Air Act 1935 continue to apply in relation to causes of action that arose before the date of commencement of this section, and Part III. of this Act does not apply in relation to any such cause of action. 5. In this Act, unless the contrary intention appears- "Australia" includes the Territories of the Commonwealth; "the Hague Protocol" means the Protocol to amend the Warsaw Convention opened for signature at The Hague on the twenty-eighth day of September, One thousand nine hundred and fifty-five; "the Warsaw Convention" means the Convention for the Unification of Certain Rules Relating to International Carriage by Air opened for signature at Warsaw on the twelfth day of October, One thousand nine hundred and twenty-nine, and includes the Additional Protocol to that Convention with reference to Article 2 of that Convention. Extension to 6. This Act extends to every Territory of the Commonwealth. Territories. Act to bind 7. This Act binds the Crown in right of the Commonwealth Crown. or of any State. Approval of 8. Approval is given to ratification by Australia of the ratification of Hague Protocol. Hague Protocol. Textsof 9.-(l.) Subject to sub-section (3.) of this section, the text Conventzons~ of the Warsaw Convention shall, for the purposes of this Act, be deemed to be the text set out in the First Schedule to this Act, being a translation into the English language of the authentic text in the French language of that Convention. (2.) Subject to the next succeeding sub-section, the text of the Hague Protocol shall, for the purposes of this Act, be deemed, to be the text set out in the Second Schedule to this Act, being ,a copy of the authentic text in the English language of that Protocol. (3.) If any inconsistency is shown between the text set out in the First Schedule or the Second Schedule to this Act and the authentic text in the French language of the Warsaw Convention or of the Hague Protocol, as the case may be, the authentic French text prevails. PAGENO="0129" AIR LAWS AND TREATIES OF THE WORLD 123 (4.) A certificate in writing under the hand of the Minister of State for External Affairs that a document to which the certificate is annexed is a true copy of the authentic text in the French language of the Warsaw Convention or of the Hague Protocol is evidence that the document is such a true copy. PART 11.-CARRIAGE TO WHICH THE WARSAW CONVENTION AND THE HAGUE PROTOCOL APPLY. 10. In this Part, "the Convention" means the Warsaw Definition. Convention and the Hague Protocol read and interpreted together as one single instrument in accordance with Article XIX. of the Hague Protocol. 11.-(l.) The provisions of the Convention have subject to Convention to have force of this Part, the force of law in Australia in relation to any carriage law. by air to which the Convention applies, irrespective of the nationality of the aircraft performing that carriage. (2.) A reference in this Part to the Convention shall, unless the contrary intention appears, be read as a reference to the provisions of the Convention as having the force of law by virtue of this section. 12.-(l.) The provisions of this section apply in relation to ~.lability liability imposed by the Convention on a carrier in respect of ~ of the death of a passenger (including the injury that resulted in the death). (2.) Subject to section fourteen of this Act, the liability under the Convention is in substitution for any civil liability of the carrier under any other law in respect of the death of the passenger or in respect of the injury that has resulted in the death of the passenger. (3.) Subject to the next succeeding sub-section, the liability is enforceable for the benefit of such of the members of the passenger's family as sustained damage by reason of his death. (4.) To the extent that the damages recoverable include loss of earnings or profits up to the date of death, or funeral, medical or hospital expenses paid or incurred by the passenger before his death or by his personal representative, the liability is enforceable for the benefit of the personal representative of the passenger in his capacity as personal representative. (5.) For the purposes of sub-section (3.) of this section, the members of the passenger's family shall be deemed to be the wife or husband, parents, step-parents, grandparents, brothers, sisters, half-brothers, half-sisters, children, step-children and grandchildren of the passenger, and, in ascertaining the members 67717 O-61----9 PAGENO="0130" 124 AIR LAWS AND TREATIES OF THE WORLD of the passenger's family, an illegitimate person or an adopted person shall be treated as being, or as having been, the legitimate child of his mother and reputed father or, as the casemay be, of his adoptors. (6.) The action to enforce the liability may be brought by the personal representative of the passenger or by a person for whose benefit the liability is, under the preceding provisions of this section, enforceable, but only one action shall be brought in Australia in respect of the death of any one passenger, and the action, by whomsoever brought, shall be for the benefit of all persons for whose benefit the liability is so enforceable who are resident in Australia or, not being resident in Aus- tralia, express the desire to take the benefit of the action. (7.) The damages recoverable in the action include loss o earnings or profits up to the date of death and the reasonable expenses of the funeral of the passenger and medical and hospital expenses reasonably incurred in relation to the injury that resulted in the death of the passenger. (8.) In awarding damages, the court or jury is not limited to the financial loss resulting from the death of the passenger. (9.) Subject to the next succeeding sub-section, the amount recovered in the action, after deducting any costs not recovered from the defendant, shall be divided amongst the persons entitled in such proportions as the court (or, where the action is tried with a jury, the jury) directs. (10.) The court may at any stage of the proceedings make any such order as appears to the court to be just and equitable in view of the provisions of the Convention limiting the liability of the carrier and of any proceedings which have been, or are likely to be, commenced against the carrier, whether in or outside Australia. (11.) The second sentence of paragraph 4 of Article 22 of the Warsaw Convention, as amended by the Hague Protocol, shall not be construed as applying to an action to which this section applies that is wholly or partly for the benefit of a person or persons other than the plaintiff, but the court may, in such an action, deal with any question of costs in such manner as it thinks proper having regard to th~ operation of that sentence in cases to which it applies. Liability ~ 13. Subject to the next succeeding section, the liability of a of carrier under the Convention in respect of personal injury suffered by a passenger, not being injury that has resulted in the death of the passenger, is in substitution for any civil liability of the carrier under any other law in respect of the injury. PAGENO="0131" AIR LAWS AND TREATIES OF THE WORLD 125 14. Nothing in the Convention or in this Part shall be deemed certain to exclude any liability of a carrier- ~i~ded. (a) to indemnify an employer of a passenger in respect of liability of that employer under a law of the Common- wealth or of a State or Territory of the Common- wealth providing for compensation to workmen or employees in respect of accidents arising out of or in the course of their employment; or (b) to pay contribution to a tort-feasor who is liable in respect of the death of, or injury to, the passenger, but this section does not operate so as to increase the limit of liability of a carrier in respect of a passenger beyond the amount fixed by or in accordance with the Convention. 15. In assessing damages in respect of liability under the Proceeds Convention there shall not be taken into account by way of ~ reduction of the damages- (a) a sum paid or payable on the death of, or personal injury to, a passenger under a contract of insurance; (b) a sum paid or payable out of a superannuation, provident or like fund, or by way of benefit from a friendly society, benefit society or trade union; (c) any sum in respect of a pension, social service benefit or repatriation benefit paid or payable, consequent upon the death or injury, by any government or person; (d) in the case of death, any sum in respect of the acquisition by a spouse or child of the deceased, consequent upon the death, of, or of an interest in, a dwelling used at any time as the home of that spouse or child, or of, or of an interest in, the household contents of any such dwelling; or (e) in the case of death, a premium that would have become payable under a contract of insurance in respect of the life of the deceased passenger if he had lived after the time at which he died. 16.-(l.) Effect shall be given to Article 21 of the Warsaw contimutory Convention in accordance with the provisions of this section~ negligence. (2.) If, in an action against a carrier under the Convention, the carrier proves that the damage was caused by or contributed to by the negligence of the passenger or the consignor, the damages recoverable shall be assessed in accordance with this section. (3.) The court shall first determine the damages that would have been recoverable if there were no limit on the amount of those damages fixed by or in accordance with the Convention and there had been no negligence on the part of the passenger or consignor. PAGENO="0132" 126 AIR LAWS AND TREATIES OF THE WORLD (4.) The damages determined under the last preceding sub- section shall be reduced to such extent as the court thinks just and equitable having regard to the share of the passenger or the consignor in the responsibility for the damage. (5.) If the damages as reduced in accordance with the last preceding sub-section exceed the maximum liability of the carrier fixed by or in accordance with the Convention, the court shall further reduce the damages to that maximum amount. Actions 17.-(l.) A Party to the Convention which has not availed ~i~t ~ itself of the provisions of the Additional Protocol to the Warsaw ~`~e°i~alce Convention with reference to Article 2 of that Convention shall, carriage by air. for the purposes of an action under the Convention brought in a court in Australia to enforce a claim in respect of carriage under- taken by that Party, be deemed to have submitted to the jurisdiction of that court. (2.) Nothing in this section authorizes the issue of execution against the property of a Party to the Convention. Evid~nce of 18.-(l.) The Minister may, by notice published in the certain matters. Gazette, from time to time declare- (a) that a country specified in the notice is a country which has ratified or adhered to the Hague Protocol and the date on which the ratification or adherence became effective; (b) that a country specified in the notice has, at the time of deposit of its instrument of ratification of or adherence to the Hague Protocol, declared that its acceptance of that Protocol does not apply to a territory or territories specified in the notice; (c) that a country specified in the notice has duly made a declaration under Article XXVI. of the Hague Protocol and the date on which the declaration became effective; (d) that a country specified in the notice has duly extended the application of the Hague Protocol to a territory or territories specified in the notice; (e) the extent (if any) to which a Party to the Hague Protocol has availed itself of the provisions of the Additional Protocol to the Warsaw Convention with reference to Article 2 of that Convention; or (f) that a country specified in the notice has denounced the Hague Protocol in respect of all of the territories for the foreign relations of which that country is responsible or in respect of any such territory specified in the notice, and the date upon which the denunciation became effective. PAGENO="0133" AIR LAWS AND TREATIES OF THE WORLD 127 (2.) A notice in force under this section is evidence of the matters declared. 19. For the purposes of section thirty-eight of th~ Judiciary Jurisdiction of Act 1903-1955, an action under the Convention shall be deemed r~r not to be a matter arising directly under a treaty. PART III.-CAIUUAGE TO WHICH THE WARSAW CONVENTION WITHOUT THE HAGUE PROTOCOL APPLIES. 20.-(l.) In this Part, "the Convention" means the Warsaw interpretation. Convention as in force, unaffected by the Hague Protocol, between Australia and any other countries. (2.) For the purposes of this Part, a reference in the Con- vention to the territory of a High Contracting Party to the Convention shall be read as a reference to the territories in respect of which a Party declared, in pursuance of section twenty- two of this Act, to be a High Contracting Party to the Convention is declared, in pursuance of that section, to be bound by the Convention. 21.-(l.) The provisions of the Convention have, subject to Provisions of this Part, the force of law in Australia in relation to any carriage ~ by air to which the Convention applies, irrespective of the law. nationality of the aircraft performing that carriage. (2.) A reference in this Part to the Convention shall, unless the contrary intention appears, be read as a reference to the provisions of the Convention as having the force of law by virtue of this section. 22.-(1.) The Minister may, by notice published in the Gazette, Evidence of from time to time declare- certain matters. (a) who are the High Contracting Parties to the Convention; (b) the territory in respect of which any such Party is bound by the Convention; and (c) the extent (if any) to which any Party has availed him- self of the provisions of the Additional Protocol to the Convention. (2.) A notice in force under this section is evidence of the matters declared. (3.) A notice published by the Governor-General in the Gazette, before the date of commencement of this Part, under sub-section (3.) of section three of the Carriage by Air Act 1935 and in force immediately before that date shall, for the purposes of this Act, be deemed to be a notice published by the Minister under this section. PAGENO="0134" 128 AIR LAWS AND TREATIES OF THE WORLD Conversion of 23. Any sum in francs mentioned in Article 22 of the Con- francs. vention shall, for the purposes of an action against a carrier, be converted into Australian currency at the rate of exchange prevailing on the date on which the amount of any damages to be paid by the carrier is ascertained by the court or jury. Adoption of 24. The provisions of sections twelve to seventeen (inclusive) ~~ons of this Act, except sub-section (11.) of section twelve, apply for of Part ~. the purposes of this Part as if contained in this Part. Duration of 25.-(1.) This Part shall continue in force until a date to be fixed by Proclamation, being a date not earlier than the date upon which a denunciation by Australia of the Convention in accordance with Article 39 of the Convention takes effect. (2.) Upon the date fixed in pursuance of the last preceding sub-section, this Part shall be deemed to be repealed and the provisions of section eight of the Acts Interpretation Act 1901- 1957 shall apply as if this Part had been repealed by an Act other than this Act. PART IY.-OTHER CARRIAGE TO WHICH THIS ACT APPLIES. J~efinitions. 26.-(l.) In this Part, unless the contrary intention appears- "airline licence" means an airline licence in force under the Air Navigation Regulations; "baggage ", in relation to a passenger, means- (a) registered baggage; or (b) baggage, personal effects or other articles, not being registered baggage, in the possession of the passenger, or in the possession of another person (being a person accompanying the passenger or a servant or agent of the carrier) on behalf of the passenger, while the passenger is on board an aircraft for the purposes of carriage to which this Part applies or during the course of any of the operations of embarking or disembarking; "commercial transport operations" means operations in which an aircraft is used, for hire or reward, for the carriage of passengers or cargo; "contract" includes an arrangement made without con- sideration; "registered baggage ", in relation to a passenger, means baggage, personal effects or other articles registered with the carrier as baggage intended to be carried under a contract for carriage of the passenger to which this Part applies; "the Air Navigation Regulations" means the Air Navigation Regulations in force under the Air Navigation Act 1920-1950, and includes those Regulations as in force by virtue of a law of a State. PAGENO="0135" AIR LAWS AND TREATIES OF THE WORLD 129 (2.) For the purposes of this Part, where, by reason of a contract of charter or other contract between the holder of an airline licence and another person, persons or baggage are or is carried, or are or is to be carried, in an aircraft while it is being operated by the holder of the airline licence, that contract shall be deemed to be a contract of carriage providing for that carriage. 27.-(l.) This Part applies to the carriage of a passenger Application where the passenger is or is to be carried in an aircraft being ° ~ operated by the holder of an airline licence in the course of commercial transport operations, or in an aircraft being operated in the course of trade and commerce between Australia and another country, under a contract for the carriage of the passenger- (a) between a place in a State and a place in another State; (b) between a place in a Territory of the Commonwealth and a place in Australia outside that Territory; (c) between a place in a Territory of the Commonwealth and another place in that Territory; or (d) between a place in Australia and a place outside Australia, not being carriage to which the Warsaw Convention, or the Warsaw Convention as affected by the Hague Protocol, applies. (2.) Where the carrier is the Australian National Airlines Commission, this Part applies in relation to carriage between a place in a State and a place in the same State in like manner as it applies in relation to carriage between a place in a State and a place in another State. (3.) For the purposes of this section, where, under a contract of carriage, the carriage is to begin and end in the one State or `Territory of the Commonwealth (whether at the one place or not) but is to include a landing or landings at a place or places outside that State or Territory, the carriage shall be deemed `to be carriage between the place where the carriage begins and that landing place, or such one of those landing places as is most distant from the place where the carriage begins, as the case may be. (4.) For the purposes of this section, where- (a) the carriage of a passenger between two places is to be performed by two or more carriers in successive stages (b) the carriage has been regarded by the parties as a single operation, whether it has been agreed upon by a single contract or by two or more contracts; and (c) this Part would apply to that carriage if it were to be performed by a single carrier under a single con- tract, this Part applies in relation to a part of that carriage notwith- standing that that part consists of carriage between a place in a State and a place in the same State. PAGENO="0136" 130 AIR LAWS AND TREATIES OF THE WORLD Liability of the 28. Subject to this Part, where this Part applies to the ~ carriage of a passenger, the carrier is liable for damage sustained by reason of the death of the passenger or any personal injury suffered by the passenger resulting from an accident which took place on board the aircraft or in the course of any of the opera- tions of embarking or disembarking. Liability of the 29.-(l.) Where this Part applies to the carriage of a respect of passenger, the carrier is liable under this Part, and not other- baggage. wise, for damage sustained in the event of the destruction or loss of, or injury to, baggage of the passenger, if the occurrence which causes the destruction, loss or injury takes place during the period of the carriage by air unless the carrier proves that he and his servants and agents took all necessary measures to avoid the destruction, loss or injury or that it was impossible for him or them to take such measures. (2.) For the purposes of the last preceding sub-section but subject to the next succeeding sub-section, the period of the carriage by air comprises- (a) in relation to baggage other than registered baggage- the period during which the passenger is on board the aircraft or is in the course of any of the operations of embarking or disembarking; and (b) in relation to registered baggage-the period during which the baggage is in the charge of the carrier, whether on board the aircraft or elsewhere. (3.) In proceedings under this section in respect of registered baggage, if the carrier proves that the baggage was, within a period of twelve hours after the arrival of the aircraft at the place to which the baggage was to be carried in the aircraft, available for collection by the passenger at a place at which, under the contract, the baggage was to be or could be made available to the passenger, the period of the carriage by air shall not be deemed to include any time after the expiration of that period of twelve hours. (4.) In the application of section thirty-nine of this Act in relation to an action under this Part in respect of baggage other than registered baggage, the carrier shall be deemed to have proved that the damage was caused by the negligence of the passenger, except so far as the passenger proves that he was not responsible for the damage. (5.) Where, in relation to carriage referred to in sub-section (4.) of section twenty-seven of this Act, registered baggage has been destroyed, lost or injured in circumstances in which, if the carriage had been performed by a single carrier, that carrier would be subject to liability under this section, the carriers PAGENO="0137" AIR LAWS AND TREATIES OF THE WORLD 131 (other than a carrier who proves that the baggage was not in his charge at the time of the destruction, loss or injury) are jointly and severally subject to that liability. 30.-(l.) For the purposes of an action under this Part, complaint. evidence proving receipt of registered baggage, without complaint, ~s~c'~'~ ~ by the person entitled to delivery is evidence that the baggage baggage. has been delivered in good condition and in accordance with the contract of carriage. (2.) An action does not lie against a carrier under this Part in respect of baggage, except in case of fraud on the part of the carrier, unless the passenger, or a person acting on his behalf, has complained by writing delivered to the carrier or served on the carrier by post or in such other manner as is prescribed- (a) in the case of injury to registered baggage or of loss or destruction of part only of an item of registered baggage-within the period of three days after the date of receipt by or on behalf of the passenger of the baggage, or of the remainder of that item of baggage, as the case may be; (b) in the case of loss or destruction of the whole of an item of registered baggage-within the period of twenty-one days from the date on which the baggage should have been placed at the disposal of the passenger; or (c) in the case of injury to, or loss or destruction of, baggage other than registered baggage-within the period of three days from the date on which the carriage of the passenger ended. (3.) A court having jurisdiction in actions under this Part in respect of baggage may, by order, grant leave to a person to institute or continue an action in that court in relation to baggage notwithstanding that there has been a failure to complain in accordance with the last preceding sub-section within the time fixed by that sub-section, where the court is satisfied that it is just and equitable to do so by reason of special circum- stances. (4.) Sub-section (2.) of this section does not apply in relation to an action in respect of which leave has been granted under the last preceding sub-section. 31.-(1.) Subject to the regulations relating to passenger Umitatlon of tickets, the liability of the carrier under this Part in respect of liability. each passenger, by reason of his injury or death, is limited to the sum of Seven thousand five hundred pounds or such higher sum as is specified in the contract of carriage. (2.) Subject to the regulations relating to baggage checks, the liability of the carrier under this Part in respect of the PAGENO="0138" 132 AIR LAWS AND TREATIES OF THE WORLD baggage of any one passenger, being baggage that is or includes registered baggage, is limited to the sum of One hundred pounds or such higher sum as is specified in the contract of carriage. (3.) The liability of the carrier under this Part in respect of the baggage, other than registered baggage, of any one passenger is limited to the sum of Ten pounds or such higher sum as is specified in the contract of carriage. Contracting 32.-(l.) Any provision of an agreement tending to relieve 00t the carrier of liability in accordance with this Part or to fix a lower limit than the appropriate limit of liability provided by this Part is null and void, but the nullity of such a provision does not involve the nullity of the whole contract of carriage. (2.) The last preceding sub-section does not apply to provisions governing loss or damage resulting from the inherent defect, quality or vice of goods carried. Servants and 33.-(l.) If an action in respect of any damage is brought ~~of against a servant or agent of a carrier, the servant or agent, if he proves that he acted within the scope of his employment or authority, is entitled to avail himself of the limits of liability, if any, which the carrier himself would be entitled to invoke under section thirty-one of this Act in an action against him in respect of that damage. (2.) The aggregate of the amounts recoverable from the carrier, his servants and agents shall not exceed the limits referred to in the last preceding sub-section. (3.) The right to bring an action against a servant or agent of a carrier in respect of any damage, being damage which gave rise to a cause of action against the carrier under this Part, is extinguished if the action is not brought within the time specified in the next succeeding section. Limitation of 34. The right of a person to damages under this Part is actions. extinguished if an action is not brought by him or for his benefit within two years after the date of arrival of the aircraft at the destination, or, where the aircraft did not arrive at the destination- (a) the date on which the aircraft ought to have arrived at the destination; or (b) the date on which the carriage stopped, whichever is the later. Liability 35.-(l.) The provisions of this section apply in relation to in respect of liability imposed by this Part on a carrier in respect of the death of a passenger (including the injury that resulted in the death). (2.) Subject to section thirty-seven of this Act, the liability under this Part is in substitution for any civil liability of the PAGENO="0139" AIR LAWS AND TREATIES OF THE WORLD 133 carrier under any other law in respect of the death of the passenger or in respect of the injury that has resulted in the death of the passenger. (3.) Subject to the next succeeding sub-section, the liability is enforceable for the benefit of such of the members of the passenger's family as sustained damage by reason of his death. (4.) To the extent that the damages recoverable include loss of earnings or profits up to the date of death, or funeral, medical or hospital expenses paid or incurred by the passenger before his death or by his personal representative, the liability is enforceable for the benefit of the personal representative of the passenger in his capacity as personal representative. (5.) For the purposes of sub-section (3.) of this section, the members of the passenger's family shall be deemed to be the wife or husband, parents, step-parents, grandparents, brothers, sisters, half-brothers, half-sisters, children, step-children and grandchildren of the passenger, and, in ascertaining the members of the passenger's family, an illegitimate person or an adopted person shall be treated as being, or as having been, the legitimate child of his mother and reputed father or, as the case may be, of his adoptors. (6.) The action to enforce the liability may be brought by the personal representative of the passenger or by a person for whose benefit the liability is, under the preceding provisions of this section, enforceable, but only one action shall be brought in respect of the death of any one passenger, and such an action, by whomsoever brought, shall be for the benefit of all persons for whose benefit the liability is so enforceable who are resident in Australia or, not being resident in Australia, express the desire to take the benefit of the action~ (7.) The damages recoverable in the action include loss of earnings or profits up to the date of death and the reasonable expenses of the funeral of the passenger and medical and hospital expenses reasonably incurred in relation to the injury that resulted in the death of the passenger. (8.) In awarding damages, the court or jury is not limited to the financial loss resulting from the death of the passenger. (9.) Subject to the next succeeding sub-section, the amount recovered in the action, after deducting any costs not recovered from the defendant, shall be divided amongst the persons entitled in such proportions as the court (or, where the action is tried with a jury, the jury) directs. (10.) The court may at any stage of the proceedings make any such order as appears to the court to be just and equitable in view of the provisions of this Part limiting the liability of the carrier and of any proceedings which have been, or are likely to be, commenced against the carrier, whether in or outside Australia. PAGENO="0140" 134 AIR LAWS AND TREATIES OF THE WORLD Liability in 36. Subject to the next succeeding section, the liability of a of carrier under this Part in respect of personal injury suffered by a passenger, not being injury that has resulted in the death of the passenger, is in substitution for any civil liability of the carrier under any other law in respect of the injury. certain 37. Nothing in this Part shall be deemed to exclude any ~ liability of a carrier- (a) to indemnify an employer of a passenger in respect of liability of that employer under a law of the Commonwealth or of a State or Territory of the Commonwealth providing for compensation to work- men or employees in respect of accidents arising out of or in the course of their employment; or (b) to pay contribution to a tort-feasor who is liable in respect of the death of, or injury to, the passenger, but this section does not operate so as to increase the limit of liability of a carrier in respect of a passenger beyond the amount fixed by or in accordance with this Part. Pr9ceeds 38. In assessing damages in respect of liability under this of insurance policies, &c. Part there shall not be taken into account by way of reduction of the damages- (a) a sum paid or payable on the death of, or injury to, a passenger under a contract of insurance; (b) a sum paid or payable out of a superannuation, provident or like fund, or by way of benefit from a friendly society, benefit society or trade union; (c) any sum in respect of a pension, social service benefit or repatriation benefit paid or payable, consequent upon the death or injury, by any government or person; (d) in the case of death, any sum in respect of the acquisition by a spouse or child of the deceased, consequent upon the death, of, or of an interest in, a dwelling used at any time as the home of that spouse or child, or of, or of an interest in, the household contents of any such dwelling; or (e) a premium that would have become payable under a contract of insurance in respect of the life of a deceased passenger if he had lived beyond the time at which he died. Contributory 39.-(l.) If, in an action against a carrier under this Part, negligence, the carrier proves that the damage was caused or contributed to by the negligence of the passenger, the damages recoverable shall be assessed in accordance with this section. (2.) The court shall first determine the damages that would have been recoverable if there were no limit on the amount of those damages fixed by or in accordance with this Part and there had been no negligence on the part of the passenger. PAGENO="0141" AIR LAWS AND TREATIES OF THE WORLD 135 (3.) The damages determined under the last preceding sub-section shall be reduced to such extent as the court thinics just and equitable having regard to the share of the passenger in the responsibility for the damage. (4.) If the damages as reduced in accordance with the last preceding sub-section exceed the maximum liability of the carrier fixed by. or in accordance with this Part, the court shall further reduce the damages to that maximum amount. 40. The regulations may make provision relating to passenger Regulations tickets and baggage checks in respect of passengers or baggage ~ in relation to whom or which this Part applies, being provision ~ for- (a) the circumstances in which such tickets and checks must be issued by carriers; (b) matters to be included in such tickets and checks; and (c) the non-application of a provision of section thirty-one of this Act (except in cases where the limit of liability under that provision is a sum specified in the contract of carriage) where specified provisions of the regu- lations relating to the issue, form and contents of such tickets or checks have not been complied with. 41. The regulations may provide for applying, with such App1i~tIon exceptions, adaptations and modifications as are prescribed, ~ to the provisions of the Warsaw Convention and the Hague Pro- tocol and any of the provisions of this Act to and in relation to the carriage of cargo, being carriage in relation to which, if it were the carriage of passengers, this Part would apply, but so that no adaptation or modification of the provisions of Article 22 of the Warsaw Convention, as replaced by Article XI. of the Hague Protocol, shall have the effect of limiting the liability of the carrier to a sum less than the sum to which his liability would be limited if those provisions were applied without adaptation or modification. PART V.-MISCELLANEOUS. 42.-(l.) Where a person travels in an aircraft without the Stowaways. consent of the carrier and Part II., Part III. or Part IV. of this Act would apply in relation to the carriage of that person if he were a passenger carried under a contract for his carriage for reward between the place where he boarded the aircraft and his place of disembarkation, the liability (if any) of the carrier, or of his servants or agents, in respect of that person and his baggage is subject to the limits as to amounts that are applicable in respect of passengers under that Part. (2.) This section does not impose any liability on a carrier or a servant or agent of a carrier to which he is not subject apart from this section. PAGENO="0142" 136 AIR LAWS AND TREATIES OF THE WORLD (3.) For the purposes of this section, the place of disem- barkation of a person shall be deemed to be the next scheduled stopping place after the place at which he boards the aircraft or, if he continues on board after the aircraft leaves that next scheduled stopping place, the scheduled stopping place next after the last stopping place from which the aircraft departed with that person on board. Regulations. 43. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, the Warsaw Convention or the Warsaw Convention as affected by the Hague Protocol. THE SCHEDULES. FIRST SCHEDULE. Section 9(1.). CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO INTERNATIONAL CARRIAGE BY AIR. CHAPTER I.-SCOPE.--DEFINITIONS. Article 1. 1. This Convention applies to all international carriage of persons, baggage or cargo performed by aircraft for reward. It applies equally to gratuitous carriage by aircraft performed by an air transport undertaking. 2. For the purposes of this Convention the expression "international carriage" means any carriage in which, according to the agreement between the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a transhipment, are situated either within the territories of two High Contracting Parties, or within the territory of a single High Contracting Party, if there is an agreed stopping place within a territory subject to the sovereignty, suzerainty, mandate or authority of another Power, even though that Power is not a party to this Convention. A carriage without such an agreed stopping place between territories subject to the sovereignty, suzerainty, mandate or authority of the same High Contracting Party is not deemed to be international for the purposes of this Convention. 3. Carriage to be performed by several successive air carriers is deemed, for the purposes of this Convention, to be one undivided carriage, if it has been regarded by the parties as a single operation, whether it had been agreed upon under the form of a single contract or of a series of contracts, and it does not lose its international character merely because one contract or a series of contracts is to be performed entirely within a territory subject to the sovereignty, suzerainty, mandate or authority of the same High Contracting Party. Article 2. 1. The Convention applies to carriage performed by the State or by legally con- stituted public bodies provided it falls within the conditions laid down in Article I, 2. This Convention does not apply to carriage performed under the terms of any international postal Convention. PAGENO="0143" AIR LAWS AND TREATIES OF THE WORLD 137 FIRST SCHEDULE-continued. CHAPTER 11.-DOCUMENTS OP CARRIAGE. SECTION 1.-PASSENGER TICKET. Article 3. 1. For the carriage of passengers the carrier must deliver a passenger ticket which shall contain the following particulars:- (a) the place and date of issue; (b) the place of departure and of destination; (c) the agreed stopping places, provided that the carrier may reserve the right to alter the stopping places in case of necessity, and that if he exercises that right, the alteration shall not have the effect of depriving the carriage of its international character; (d) the name and address of the carrier or carriers; (e) a statement that the carriage is subject to the rules relating to liability established by this Convention. 2. The absence, irregularity or loss of the passenger ticket does not affect the existence or the validity of the contract of carriage, which shall none the less be subject to the rules of this Convention. Nevertheless, if the carrier accepts a passenger without a passenger ticket having been delivered he shall not be entitled to avail himself of those provisions of this Convention which exclude or limit his liability. SECTION 2.-aAGGAGE CHECK. Article 4. 1. For the carriage of baggage, other than small personal objects of which the passenger takes charge himself, the carrier must deliver a baggage check. 2. The baggage check shall be made out in duplicate, one part for the passenger and the other part for the carrier. 3. The baggage check shall contain the following particulars:- (a) the place and date of issue; (b) the place of departure and of destination; (c) the name and address of the carrier or carriers; (d) the number of the passenger ticket; (e) a statement that delivery of the baggage will be made to the bearer of the baggage check; (f) the number and weight of the packages; (g) the amount of the value declared in accordance with Article 22 (2); (h) a statement that the carriage is subject to the rules relating to liability estab- lished by this Convention. 4. The absence, irregularity or loss of the baggage check does not affect the existence or the validity of the contract of carriage, which shall none the less be subject to the rules of this Convention. Nevertheless, if the carrier accepts baggage without a baggage check having been delivered, or if the baggage check does not contain the particulars set out at (d) (f) and (h) above, the carrier shall not be entitled to avail himself of those provisions of the Convention which exclude or limit his liability. SECTION 3.-AIR WAYBILL. Article 5. I. Every carrier of cargo has the right to require the consignor to make out and hand over to him a document called an ~` air waybill "; every consignor has the right to require the carrier to accept this document. 2. The absence, irregularity or loss of this document does not affect the existence or the validity of the contract of carriage which shall, subject to the provisions of Article 9, be none the less governed by the rules of this Convention. Article 6. I. The air waybill shall be made out by the consignor in three original parts and be handed over with the cargo. 2. The first part shall be marked "for the carrier ", and shall be signed by the consignor. The second part shall be marked "for the consignee "; it shall be signed by the consignor and by the carrier and shall accompany the cargo. The third part shall be signed by the carrier and handed by him to the consignor after the cargo has been accepted. PAGENO="0144" 138 AIR LAWS AND TREATIES OF THE WORLD FIRST SCHEDULE-continued. 3. The carrier shall sign on acceptance of the cargo. 4. The signature of the carrier may be stamped; that of the consignor may be printed or stamped. 5. If, at the request of the consignor, the carrier makes out the air waybill, he shall be deemed, subject to proof to the contrary, to have done so on behalf of the consignor. Article 7. The carrier of cargo has the right to require the consignor to make out separate air waybills when there is more than one package. Article 8. The air waybill shall contain the following particulars:- (a) the place and date of its execution; (b) the place of departure and of destination; (c) the agreed stopping places, provided that the carrier may reserve the right to alter the stopping places in case of necessity, and that if he exercises that right the alteration shall not have the effect of depriving the carriage of its international character; (d) the name and address of the consignor; (e) the name and address of the first carrier; (f) the name and address of the consignee, if the case so requires; (g) the nature of the cargo; (/1) the number of the packages, the method of packing and the particular marks or numbers upon them; (i) the weight, the quantity and the volume or dimensions of the cargo; (j) the apparent condition of the cargo and of the packing; (Ic) the freight, if it has been agreed upon, the date and place of payment, and the person who is to pay it; (1) if the cargo is sent for payment on delivery, the price of the cargo, and, if the case so requires, the amount of the expenses incurred; (m) the amount of the value declared in accordance with Article 22 (2); (n) the number of parts of the air waybill; (o) the documents handed to the carrier to accompany the air waybill; (p) the time fixed for the completion of the carriage and a brief note of the route to be followed, if these matters have been agreed upon; (q) a statement that the carriage is subject to the rules relating to liability established by this Convention. Article 9. If the carrier accepts cargo without an air waybill having been made out, or if the air waybill does not contain all the particulars set out in Article 8 (a) to (i) inclusive and (q), the carrier shall not be entitled to avail himself of the provisions of this Con- vention which exclude or limit his liability. Article 10. 1. The consignor is responsible for the correctness of the particulars and statements relating to the cargo which he inserts in the air waybill. 2. The consignor will be liable for all damage suffered by the carrier or any other person by reason of the irregularity, incorrectness or incompleteness of the said particulars and statements. Article 11. 1. The air waybill is prima facie evidence of the conclusion of the contract, of the receipt of the cargo and of the conditions of carriage. 2. The statements in the air waybill relating to the weight, dimensions and packing of the cargo, as well as those relating to the number of packages, are prima facie evidence of the facts stated; those relating to the quantity, volume and condition of the cargo do not constitute evidence against the carrier except so far as they both have been, and are stated in the air waybill to have been, checked by him in the presence of the consignor, or relate to the apparent condition of the cargo. Article 12. 1. Subject to his liability to carry out all his obligations under the contract of carriage, the consignor has the right to dispose of the cargo by withdrawing it at the aerodrome of departure or destination, or by stopping it in the course of the journey PAGENO="0145" AIR LAWS AND TREATIES OF THE WORLD 139 FIRST SCHEDULE-continued. on any landing, t~ by calling for it to be delivered at the place of destination or in the course of the journey to a person other than the consignee named in the air waybill, or by requiring it to be returned to the aerodrome of departure. He must not exercise this right of disposition in such a way as to prejudice the carrier or other consignors and he must repay any expenses occasioned by the exercise of this right. 2. If it is impossible to carry out the orders of the consignor the carrier must so inform him forthwith. 3. If the carrier obeys the orders of the consignor for the disposition of the cargo witnout requiring the production of the part of the air waybill delivered to the latter. he will be liable, without prejudice to his right of recovery from the consignor, for any damage which may be caused thereby to any person who is lawfully in possession of that part of the air waybill. 4. The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Article 13. Nevertheless, if the consignee declines to accept the air waybill or the cargo, or if he cannot be communicated with, the consignor resumes his right of disposition. Article 13. 1. Except in the circumstances set out in the preceding Article, the consignee is entitled, on arrival of the cargo at the place of destination, to require the carrier to hand over to him the air waybill and to deliver the cargo to him, on payment of the charges due and on complying with the conditions of carriage set out in the air waybill. 2. Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the cargo arrives. 3. If the carrier admits the loss of the cargo, or if the cargo has not arrived at the expiration of seven days after the date on which it ought to have arrived, the consignee is entitled to put into force against the carrier the rights which flow from the contract of carriage. Article 14. The consignor and the consignee can respectively enforce all the rights given them by Articles 12 and 13, each in his own name, whether he is acting in his own interest or in the interest of another, provided that he carries out the obligations imposed by the contract. Article 15. 1. Articles 12, 13 and 14 do not affect either the relations of the consignor or the consignee with each other or the mutual relations of third parties whose rights are derived either from the consignor or from the consignee. 2. The provisions of Articles 12, 13 and 14 can only be varied by express provision in the air waybill. Article 16. 1. The consignor must furnish such information and attach to the air waybill such documents as are necessary to meet the formalities of customs, octroi or police before the cargo can be delivered to the consignee. The consignor is liable to the carrier for any damage occasioned by the absence, insufficiency or irregularity of any such information or documents, unless the damage is due to the fault of the carrier or his servants or agents. 2. The carrier is under no obligation to inquire into the correctness or sufficiency of such information or documents. CHAPTER 111.-LIABILITY OF THE CARRIER. Article 17. The carrier is liable for damage sustained in the event of the death or wounding of a passenger or any other bodily injury suffered by a passenger, if the accident which caused the damage so sustained took place on board the aircraft or in the course of any of the operations of embarking or disembarking. Article 18. 1. The carrier is liable for damage sustained in the event of the destruction or loss of, or of damage to, any registered baggage or any cargo, if the occurrence which caused the damage so sustained took place during the carriage by air. 67717 O-61--1O PAGENO="0146" 140 AIR LAWS AND TREATIES OF THE WORLD FIRST ScHEDuLE-continued. 2. The carriage by air within the meaning of the preceding paragraph comprises the period during which the baggage or cargo is in charge of the carrier, whether in an aerodrome or on board an aircraft, or, in the case of a landing outside an aerodrome, in any place whatsoever. 3. The period of the carriage by air does not extend to any carriage by land, by sea or by river performed outside an aerodrome. If, however, such a carriage takes place in the performance of a contract for carriage by air, for the purpose of loading, delivery or trans-shipment, any damage is presumed, subject to proof to the contrary, to have been the result of an event which took place during the carriage by air. Article 19. The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo. Article 20. 1. The carrier is not liable if he proves that he and his servants and agents have taken all necessary measures to avoid the damage or that it was impossible for him or them to take such measures. 2. In the carriage of cargo and baggage the carrier is not liable if he proves that the damage was occasioned by negligent pilotage or negligence in the handling of the aircraft or in navigation and that, in all other respects, he and his agents have taken all necessary measures to avoid the damage. Article 21. If the carrier proves that the damage was caused by or contributed to by the negligence of the injured person the Court may, in accordance with the provisions of its own law, exonerate the carrier wholly or partly from his liability. Article 22. 1. In the carriage of passengers the liability of the carrier for eaöh passenger is limited to the sum of 125,000 francs. Where, in accordance with the law of the Court seised of the case, damages may be awarded in the form of periodical payments, the equivalent capital value of the said payments shall not exceed 125,000 francs. Never- theless, by special contract, the carrier and the passenger may agree to a higher limit of liability. 2. In the carriage of registered baggage and of cargo, the liability of the carrier is limited to a sum of 250 francs per kilogram, unless the consignor has made, at the time when the package was handed over to the carrier, a special declaration of the value at delivery and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless he proves that that sum is greater than the actual value to the consignor at delivery. 3. As regards objects of which the passenger takes charge himself the liability of the carrier is limited to 5,000 francs per passenger. 4. The sums mentioned above shall be deemed to refer to the French franc con- sisting of 65+ milligrams gold of millesimal fineness 900. These sums may be converted into any national currency in round figures. Article 23. Any provision tending to relieve the carrier of liability or to fix a lower limit than that which is laid down in this Convention shall be null and void, but the nullity of any such provision does not involve the nullity of the whole contract, which shall remain subject to the provisions of this Convention. Article 24. 1. In the cases covered by Articles 18 and 19 any action for damages, however founded, can only be brought subject to the conditions and limits set out in this Convention. 2. In the cases covered by Article 17 the provisions of the preceding paragraph also apply, without prejudice to the questions as to who are the persons who have the right to bring suit and what are their respective rights. PAGENO="0147" AIR LAWS AND TREATIES OF THE WORLD 141 FIRsT SCHEDULE-continued. Article 25. 1. The carrier shall not be entitled to avail himself of the provisions of this Con- vention which exclude or limit his liability, if the damage is caused by his wilful misconduct or by such default on his part as, in accordance with the law of the Court seised of the case, is considered to be equivalent to wilful misconduct. 2. Similarly the carrier shall not be entitled to avail himself of the said provisions, if the damage is caused as aforesaid by any servant or agent of the carrier acting within the scope of his employment. Article 26. 1. Receipt by the person entitled to delivery of baggage or cargo without complaint is prima facie evidence that the same has been delivered in good condition and in accordance with the document of carriage. 2. In the case of damage, the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage, and, at the latest, within three days from the date of receipt in the case of baggage and seven days from the date of receipt in the case of cargo. In the case of delay the complaint must be made at the latest within fourteen days from the date on which the baggage or cargo has been placed at his disposal. 3. Every complaint must be made in writing upon the document of carriage or by separate notice in writing despatched within the times aforesaid. 4. Failing complaint within the times aforesaid, no action shall lie against the carrier, save in the case of fraud on his part. Article 27. In the case of the death of the person liable, an action for damages lies in accordance with the terms of this Convention against those legally representing his estate. Article 28. 1. An action for damages must be brought, at the option of the plaintiff, in the territory of one of the High Contracting Parties, either before the Court having juris- diction where the carrier is ordinarily resident, or has his principal place of business, or has an establishment by which the contract has been made or before the Court having jurisdiction at the place of destination. 2. Questions of procedure shall be governed by the law of the Court seised of the case. Article 29. 1. The right to damages shall be extinguished if an action is not brought within two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped. 2. The method of calculating the period of limitation shall be determined by the law of the Court seised of the case. Article 30. 1. In the case of carriage to be performed by various successive carriers and falling within the definition set out in the third paragraph of Article 1, each carrier who accepts passengers, baggage or cargo is subjected to the rules set out in this Convention, and is deemed to be one of the contracting parties to the contract of carriage in so far -as the contract deals with that part of the carriage which is performed under his supervision. 2. In the case of carriage of this nature, the passenger or his representative can take action only against the carrier who performed the carriage during which the accident or the delay occurred, save in the case where, by express agreement, the first carrier has assumed liability for the whole journey. 3. As regards baggage or cargo, the passenger or consignor will have a right of action against the first carrier, and the passenger or consignee who is entitled to delivery will have a right of action against the last carrier, and further, each may take action against the carrier who performed the carriage during which the destruction, loss, or damage or delay took place. These carriers will be jointly and severally liable to the passenger or to the consignor or consignee. PAGENO="0148" 142 AIR LAWS AND TREATIES OF THE WORLD FIRST SCHEDULE-continued. CHAPTER IV.-PROVI5IONS RELATING TO COMBINED CARRIAGE. Article 31. 1. In the case of combined carriage performed partly by air and partly by any other mode of carriage, the provisions of this Convention apply only to the carriage by air, provided that the carriage by air falls within the terms of Article 1. 2. Nothing in this Convention shall prevent the parties in the case of combined carriage from inserting in the document of air carriage conditions relating to other modes of carriage, provided that the provisions of this Convention are observed as~ regards the carriage by air. CHAPTER V-GENERAL AND F5NAL PROVISIONS. Article 32. Any clause contained in the contract and all special agreements entered into before the damage occurred by which the pz~'ties purport to infringe the rules laid down by this Convention, whether by deciding the law to be applied, or by altering the rules as to jurisdiction, shall be null and void. Nevertheless for the carriage of cargo arbitration clauses are allowed, subject to this Convention, if the arbitration is to take place within one of the jurisdictions referred to in the first paragraph of Article 28. Article 33. Nothing contained in this Convention shall prevent the carrier either from refusing to enter into any contract of carriage, or from making regulations which do not conflict with the provisions of this Convention. Article 34. This Convention does not apply to international carriage by air performed by way of experimental trial by air navigation undertakings with the view to the establishment of a regular line of air navigation, nor does it apply to carriage performed in extraordinary cii ~umstances outside the normal scope of an air carrier's business. Article 35. The expression "days" when used in this Convention means current days not working days. Article 36. The Convention is drawn up in French in a single copy which shall remain deposited in the archives of the Ministry for Foreign Affairs of Poland and of which one duly certified copy shall be sent by the Polish Government to the Government of eaôh of the High Contracting Parties. / Article 37. 1. This Convention shall be ratified. The instruments of ratification shall be deposited in the archives of the Ministry for Foreign Affairs of Poland, which will notify the deposit to the Government of each of the High Contracting Parties. 2. As soon as this Convention shall have been ratified by five of the High Con- tracting Parties it shall come into force as between them on the ninetieth day after the deposit of the fifth ratification. Thereafter it shall come into force between the High Contracting Parties who shall have ratified and the High Contracting Party who deposits his instrument of ratification on the ninetieth day after the deposit. 3. It shall be the duty of the Government of the Republic of Poland to notify to the Government of each of the High Contracting Parties the date on which this Convention comes into force as well as the date of the deposit of each ratification. Article 38. 1. This Convention shall, after it has come into force, remain open for accession by any State. PAGENO="0149" AIR LAWS AND TREATIES OF THE WORLD 143 FIRST ScHEDuLE-continued. 2. The accession shall be effected by a notification addressed to the Government of the Republic of Poland, which will inform the Government of each of the High Contracting Parties thereof. 3. The accession shall take effect as from the ninetieth day after the notification made to the Government of the Republic of Poland. Article 39. 1. Any one of the High Contracting Parties may denounce this Convention by a notification addressed to the Government of the Republic of Poland, which will at once inform the Government of each of the High Contracting Parties. 2. Denunciation shall take effect six months after the notification of denunciation, and shall operate only as regards the Party who shall have proceeded to denunciation. Article 40. 1. Any High Contracting Party may, at the time of signature or of deposit of ratification or of accession declare that the acceptance which he gives to this Convention does not apply to all or any of his colonies, protectorates, territories under mandate, or any other territory subject to his sovereignty or his authority, or any territory under his suzerainty. 2, Accordingly any High Contracting Party may subsequently accede separately in the name of all or any of his colonies, protectorates, territories under mandate or any other territory subject to his sovereignty or to his authority or any territory under his suzerainty which has been thus excluded by his original declaration. 3. Any High Contracting Party may denounce this Convention, in accordance with its provisions, separately or for all or any of his colonies, protectorates, territories under mandate or any other territory subject to his sovereignty or to his authority, or any other territory under his suzerainty. Article 41. Any High Contracting Party shall be entitled not earlier than two years after the coming into force of this Convention to call for the assembling of a new international Conference in order to consider any improvements which may be made in this Con- vention. To this end he will communicate with the Government of the French Republic which will take the necessary measures to make preparations for such Conference. This Convention done at Warsaw on the 12th October, 1929, shall remain open for signature until the 31st January, 1930. (Here follow the signatures of the Plenipotentiaries of the States (including Australia) on behalf of which the Convention was signed.] ADDITIONAL PROTOCOL. (With reference to Article 2.) The High Contracting Parties reserve to themselves the right to declare at the time of ratification or of accession that the first paragraph of Article 2 of this Convention shall not apply to international carriage by air performed directly by the State, its colonies, protectorates or mandated territories or by any other territory under its sovereignty, suzerainty or authority. (Here follow the signatures of the Plentpotentiarles of the States (Including Australia) on behalf of which the Additional Protocol was signed.] PAGENO="0150" 144 AIR LAWS AND TREATIES OF TIlE WORLD SECOND SCHEDULE. Section 9(2.). PROTOCOL to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed at Warsaw on 12 October 1929 THE GOVERNMENTS UNDERSIGNED CONSIDERING that it is desirable to amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw on 12 October 1929, HAVE AGREED as follows: CHAPTER 1.-AMENDMENTS TO THE CONVENTION. Article I. In Article 1 of the Convention- a) paragraph 2 shall be deleted and replaced by the following:- "2. For the purposes of this Convention, the expression international carriage means any carriage in which, according to the agreement between the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a transhipment, are situated either within the territories of two High Contracting Parties or within the territory of a single High Contracting Party if there is an agreed stopping place within the territory of another State, even if that State is not a High Contracting Party. Carriage between two points within the territory of a single High Contracting Party without an agreed stopping place within the territory of another State is not international carriage for the purposes of this Convention." b) paragraph 3 shall be deleted and replaced by the following:- "3. Carriage to be performed by several successive air carriers is deemed, for the purposes of this Convention, to be one undivided carriage if it has been regarded by the parties as a single operation, whether it had been agreed upon under the form of a single contract or of a series of contracts, and it does not lose its international character merely because one contract or a series of contracts is to be performed entirely within the territory of the same State." Article II. In Article 2 of the Convention- paragraph 2 shall be deleted and replaced by the following:-. "2. This Convention shall not apply to carriage of mail and postal packages." Article III. In Article 3 of the Convention- a) paragraph 1 shall be deleted and replaced by the following:- "1. In respect of the carriage of passengers a ticket shall be delivered containing: a) an indication of the places of departure and destination; b) if the places of departure and destination are within the territory of a single High Contracting Party, one or more agreed stopping places being within the territory of another State, an indication of at least one such stopping place; c) a notice to the effect that, if the passenger's journey involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention may be applicable and that the Convention governs and in most cases limits the liability of carriers for death or personal injury and in respect of loss of or damage to baggage." PAGENO="0151" AIR LAWS AND TREATIES OF THE WORLD 145 SECOND ScHEDuLE-conhinued. b) paragraph 2 shall be deleted and replaced by the following:- "2. The passenger ticket shall constitute prima facie evidence of the conclusion and conditions of the contract of carriage. The absence, irregularity or loss of the passenger ticket does not affect the existence or the validity of the contract of carriage which shall, none the less, be subject to the rules of this Convention. Nevertheless, if, with the consent of the carrier, the passenger embarks without a passenger ticket having been delivered, or if the ticket does not include the notice required by paragraph 1 c) of this Article, the carrier shall not be entitled to avail himself of the provisions of Article 22." Article IV. In Article 4 of the Convention- a) paragraphs 1, 2 and 3 shall be deleted and replaced by the following:- "1. In respect of the carriage of registered baggage, a baggage check shall be delivered, which, unless combined with or incorporated in a passenger ticket which complies with the provisions of Article 3, paragraph 1, shall contain: a) an indication of the places of departure and destination; b) if the places of departure and destination are within the Territory of a single High Contracting Party, one or more agreed stopping places being within the territory of another State, an indication of at least one such stopping place; c) a notice to the effect that; if the carriage involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention may be applicable and that the Convention governs and in most cases limits the liability of carriers in respect of loss of or damage to baggage." b) paragraph 4 shall be deleted and replaced by the following:- "2. The baggage check shall constitute prima facie evidence of the registration of the baggage and of the conditions of the contract of carriage. The absence, irregularity or loss of the baggage check does not affect the existence or the validity of the contract of carriage which shall, none the less, be subject to the rules of this Convention. Nevertheless, if the carrier takes charge of the baggage without a baggage check having been delivered or if the baggage check (unless combined with or incorporated in the passenger ticket which complies with the provisions of Article 3, paragraph 1 c)) does not include the notice required by paragraph 1 c) of this Article, he shall not be entitled to avail himself of the provisions of Article 22, paragraph 2." Article V. in Article 6 of the Convention- paragraph 3 shall be deleted and replaced by the following:- "3. The carrier shall sign prior to the loading of the cargo on board the aircraft." Article VI. Article 8 of the Convention shall be deleted and replaced by the following:- "The air waybill shall contain: a) an indication of the places of departure and destination; b) if the places of departure and destination are within the territory of a single High Contracting Party, one or more agreed stopping places being within the territory of another State, an indication of at least one such stopping place; c) a notice to the consignor to the effect that, if the carriage involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention may be applicable and that the Convention governs and in most cases limits the liability of carriers in respect of loss of or damage to cargo." PAGENO="0152" 146 AIR LAWS AND TREATIES OF THE WORLD Sacor,~r, ScHEDuLE-conrjnued. Article VII. Article 9 of the Convention shall be deleted and replaced by the following:- "If, with the consent of the carrier, cargo is loaded on board the aircraft without an air waybill having been made out, or if the air waybill does not include the notice requiredby Article 8, paragraph c), the carrier shall not be entitled to avail himself of the provisions of Article 22, paragraph 2." Article VIII. In Article 10 of the Convention- paragraph 2 shall be deleted and replaced by the following:- "2. The consignor shall indemnify the carrier against all damage suffered by him, or by any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statements furnished by the consignor." Article IX. To Article 15 of the Convention- the following paragraph shall be added:- "3. Nothing in this Convention prevents the issue of a negotiable air waybill." Article X. Paragraph 2 of Article 20 of the Convention shall be deleted. Article XI. Article 22 of the Convention shall be deleted and replaced by the following:- "Article 22 1. In the carriage of persons the liability of the carrier for each passenger is limited to the sum of two hundred and fifty thousand francs. Where, in accordance with the law of the court seised of the case, damages may be awarded in the form of periodical payments, the equivalent capital value of the said payments shall not exceed two hundred and fifty thousand francs. Nevertheless, by special contract, the carrier and the passenger may agree to a higher limit of liability. 2. a) In the carriage of registered baggage and of cargo, the liability of the carrier is limited to a sum of two hundred and fifty francs per kilogramme, unless the passenger or consignor has made, at the time when the package was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless he proves that that sum is greater than the passenger's or consignor's actual interest in delivery at destination. b) In the case of loss, damage or delay of part of registered baggage or cargo, or of any object contained ther&n, the weight to be taken into consideration in determining the amount to which the carrier's liability is limited shall be only the total weight of the package or packages concerned. Nevertheless, when the loss, damage or delay of a part of the registered baggage or cargo, or of an object contained therein, affects the value of other packages covered by the same baggage check or the same air waybill, the total weight of such package or packages shall also be taken into consideration in determining the limit of liability. 3. As regards objects of which the passenger takes charge himself the liability of the carrier is limited to five thousand francs per passenger. 4. The limits prescribed in this article shall not prevent the court from awarding, in accordance with its own law, in addition, the whole or part of the court costs and of the other expenses of the litigation incurred by the plaintiff. The foregoing provision shall not apply if the amount of the damages awarded, excluding court costs and other expenses of the litigation, does not exceed the sum which the carrier has offered in writing to the plaintiff within a period of six months from the date of the occurrence causing the damage, or before the commencement of the action, if that is later. PAGENO="0153" AIR LAWS AND TREATIES OF THE WORLD 147 - SEcoND SclsEDuL.E-continued. 5. The sums mentioned in francs in this Article shall be deemed to refer to a currency unit consisting of sixty-five and a half milligrammes of gold of millesimal fineness nine hundred. These sums may be converted into national currencies in round figures. Conversion of the sums into national currencies other than gold shall, in case of judicial proceedings, be made according to the gold value of such currencies at the date of the judgment." Article XII. In Article 23 of the Convention, the existing provision shall be renumbered as para- graph I and another paragraph shall be added as follows:- "2. Paragraph 1 of this Article shall not apply to provisions governing loss or damage resulting from the inherent defect, quality or vice of the cargo carried." Article XIII. In Article 25 of the Convention- paragraphs 1 and 2 shall be deleted and replaced by the following:- "The limits of liability specified in Article 22 shall not apply if it is proved that the damage resulted from an act or omission of the carrier, his servants or agents, done with intent to cause damage or recklessly and with knowledge that damage would probably result; provided that, in the case of such act or omission of a servant or agent, it is also proved that he was acting within the scope of his employ- ment." Article XIV. After Article 25 of the Convention, the following article shall be inserted:- "Article 25 A 1. If an action is brought against a servant or agent of the carrier arising out of damage to which this Convention relates, such servant or agent, if he proves that he acted within the scope of his employment, shall be entitled to avail himself of the limits of liability which that carrier himself is entitled to invoke under Article 22. 2. The aggregate of the amounts recoverable from the carrier, his servants and agents, in that case, shall not exceed the said limits. 3. The provisions of paragraphs 1 and 2 of this article shall not apply if it is proved that the damage resulted from an act or omission of the servant or agent done with intent to cause damage or recklessly and with knowledge that damage would probably result." Article XV. In Article 26 of the Convention- paragraph 2 shall be deleted and replaced by the following:- "2. In the case of damage, the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage, and, at the latest, within seven days from the date of receipt in the case of baggage and fourteen days from the date of receipt in the case of cargo. In the case of delay the complaint must be made at the latest within twenty-one days from the date on which the baggage or cargo have been placed at his disposal." Article XVI. Article 34 of the Convention shall be deleted and replaced by the following:- "The provisions of Articles 3 to 9 inclusive relating to documents of carriage shall not apply in the case of carriage performed in extraordinary circumstances outside the normal scope of an air carrier's business." PAGENO="0154" 148 AIR LAWS AND TREATIES OF THE WORLD * SEcoND SCHEDULE-contimted. Article XVII. After Article 40 of the Convention, the following Article shall be inserted:- "Article 40 A 1. In Article 37, paragraph 2 and Article 40, paragraph 1, the expression High Contracting Party shall mean State. In all other cases, the expression High Contracting Party shall mean a State whose ratification of or adherence to the Convention has become effective and whose denunciation thereof has not become effective. 2. For the purposes of the Convention the word territory means not only the metropolitan territory of a State but also all other territories for the foreign relations of which that State is responsible." CHAPTER 11.-SCoPE OF APPLICATION OF THE CONVENTION AS AMENDED. Article XVIII. The Convention as amended by this Protocol shall apply to international carriage as defined in Article 1 of the Convention, provided that the places of departure and destination referred to in that Article are situated either in the territories of two parties to this Protocol or within the territory of a single party to this Protocol with an agreed stopping place within the territory of another State. CHAPTER 111.-FINAL CLAUSES. Article XIX. As between the Parties to this Protocol, the Convention and the Protocol shall be read and interpreted together as one single instrument and shall be known as the Warsaw Convention as amended at The Hague, 1955. Article XX. Until the date on which this Protocol comes into force in accordance with the provisions of Article XXII, paragraph I, it shall remain open for signature on behalf of any State which up to that date has ratified or adhered to the Convention or which has participated in the Conference at which this Protocol was adopted. Article XXI. 1. This Protocol shall be subject to ratification by the signatory States. 2. Ratification of this Protocol by any State which is not a Party to the Convention shall have the effect of adherence to the Convention as amended by this Protocol. 3. The instruments of ratification shall be deposited with the Government of the People's Republic of Poland. Article XXII. 1. As soon as thirty signatory States have deposited their instruments of ratification of this Protocol, it shall come into force between them on the ninetieth day after the deposit of the thirtieth instrument of ratification. It shall come into force for each State ratifying thereafter on the ninetieth day after the deposit of its instrument of ratification. 2. As soon as this Protocol comes into force it shall be registered with the United Nations by the Government of the People's Republic of Poland. Article XXIII. 1. This Protocol shall, after it has come into force, be open for adherence by any non-signatory State. 2. Adherence to this Protocol by any State which is not a Party to the Convention shall have the effect of adherence to the Convention as amended by this Protocol. 3. Adherence shall be effected by the deposit of an instrument of adherence with the Government of the People's Republic of Poland and shall take effect on the ninetieth day after the deposit. PAGENO="0155" AIR LAWS AND TREATIES OF THE WORLD 149 SECOND ScHEDuLE-continued. Article XXIV. 1. Any Party to this Protocol may denounce the Protocol by notification addressed to the Government of the People's Republic of Poland. 2. Denunciation shall take effect six months after the date of receipt by the Govern- ment of the People's Republic of Poland of the notification of denunciation. 3. As between the Parties to this Protocol, denunciation by any of them of the Convention in accordance with Article 39 thereof shall not be construed in any way as a denunciation of the Convention as amended by this Protocol. Article XXV. 1. This Protocol shall apply to all territories for the foreign relations of which a State Party to this Protocol is responsible, with the exception of territories in respect of which a declaration has been made in accordance with paragraph 2 of this Article. 2. Any State may, at the time of deposit of its instrument of ratification or adherence, declare that its acceptance of this Protocol does not apply to any one or more of the territories for the foreign relations of which such State is responsible. 3. Any State may subsequently, by notification to the Government of the People's Republic of Poland, extend the application of this Protocol to any or all of the territories regarding which it has made a declaration in accordance with paragraph 2 of this Article. The notification shall take effect on the ninetieth day after its receipt by that Government. 4. Any State Party to this Protocol may denounce it, in accordance with the provisions of Article XXIV, paragraph 1, separately for any or all of the territories for the foreign relations of which such State is responsible. Article XXVI. No reservation may be made to this Protocol except that a State may at any time declare by a notification addressed to the Government of the People's Republic of Poland that the Convention as amended by this Protocol shall not apply to the carriage of persons, cargo and baggage for its military authorities on aircraft, registered in that State, the whole capacity of which has been reserved by or on behalf of such authorities. Article XXVII. The Government of the People's Republic of Poland shall give immediate notice to the Governments of all States signatories to the Convention or this Protocol, all States Parties to the Convention or this Protocol, and all States Members of the International Civil Aviation Organization or of the United Nations and to the International Civil Aviation Organization: a) of any signature of this Protocol and the date thereof; b) of the deposit of any instrument of ratification or adherence in respect of this Protocol and the date thereof; c) of the date on which this Protocol comes into force in accordance with Article XXII, paragraph 1; d) of the receipt of any notification of denunciation and the date thereof; e) of the receipt of any declaration or notification made under Article XXV and the date thereof; and 1) of the receipt of any notification made under Article XXVI and the date thereof. IN WITNESS WHEREOF the undersigned Plenipotentiaries, having been duly authorized, have signed this Protocol. DONE at The Hague on the twenty-eighth day of the month of September of the year One Thousand Nine Hundred and Fifty-five, in three authentic texts in the English, French and Spanish languages. In the case of any inconsistency, the text in the French language, in which language the Convention was drawn up, shall prevail. This Protocol shall be deposited with the Government of the People's Republic of Poland with which, in accordance with Article XX, it shall remain open for signature, and that Government shall send certified copies thereof to the Governments of all States signatories to the Convention or this Protocol, all States Parties to the Convention or this Protocol, and all States Members of the International Civil Aviation Organiza- tion or of the United Nations, and to the International Civil Aviation Organization. [Here follow the signatures of the Plenipotentiaries of the States (including Australia) on behalf of which the Protocol was signed.1 PAGENO="0156" PAGENO="0157" AUSTRALIAN NATIONAL AIRLINES. No. 3 of 1959. An Act to amend the Australian National Airlines Act 1945-1958, and for other purposes. [Assented to 21st April, 1959.] BE it enacted by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows :- 1.-(1.) This Act may be cited as the Australian National Short title and citation. Airlines Act 1959. (2.) The Australian National Airlines Act 1945_1958* is in this Act referred to as the Principal Act. (3.) The Principal Act, as amended by this Act, may be cited as the Australian National Airlines Act 1945-1959. 2.-(1.) Subject to the next succeeding* sub-section, this Commence. Act shall come into operation on the day on which it receives ment. the Royal Assent. (2.) Sections thirteen, twenty, twenty-one and twenty-two of this Act shall come into operation on a date to be fixed by Proclamation. * Act No. 31, 1945, as amended by No. 90, 1947; No. 102, 1952; No. 105, 1956; and No. 70, 1958. 151 PAGENO="0158" 152 AIR LAWS AND TREATIES OF THE WORLD 3. Section three of the Principal Act is repealed and the following section inserted in its stead:- Parts. "3. This Act is divided into Parts, as follows:- Part 1.-Preliminary (Sections 1-5). Part 11.-The National Airline Services. Division 1.-Establishment and Constitution of the Australian National Airlines Commission (Sections 6-18B). Division 2.-Powers, Functions and Duties of the Commission (Sections 19-29). Division 3.-Finances of the Commission (Sections 30-38). Division 4.-Reports (Sections 40-41). Part VI.-Penalties and Procedure (Sections 60-63). Part VII.-Miscellaneous (Sections 65-70).". Definitions. 4. Section four of the Principal Act is amended- (a) by omitting the definition of "Acting Commissioner" and inserting in its stead the following definition:- "`Acting Commissioner' means a person appointed under section ten of this Act to act as a Commissioner; "; (b) by omitting the definitions of" adequate airline service ", "Chairman ", "contractor" and "owner "; (c) by inserting after the definition of "Territorial airline service" the following definition:- "`the Chairman' means the Chairman of the Commission, and includes a Commissioner acting as Chairman under section ten of this Act;"; and (d) by omitting the definition of "the licensing authority" and inserting in its stead the following definition:- "`the Vice-Chairman' means the Vice-Chairman of the Commission, and includes a Com- missioner appointed under section ten of this Act to act as the Vice-Chairman; ". Australian 5. Section six of the Principal Act is amended by adding at ~ the end thereof the following sub-section:- Commission. "(5.) The exercise or performance of the powers or functions of the Commission is not affected by reason only, of there being a vacancy in the office of a Commissioner.". PAGENO="0159" AIR LAWS AND TREATIES OF THE WORLD 153 6. Section seven of the Principal Act is amended by omitting Composition of Commission. from sub-section (1.) the words five Commissioners and inserting in their stead the words "six Commissioners ". 7.-(l.) Section eight of the Principal Act is repealed and the following section inserted in its stead:- "8.-(l.) A Commissioner shall be appointed to hold office Term of office for a period not exceeding five years. commissioners. "(2.) A Commissioner is eligible for re-appointment.". (2.) The last preceding sub-section does not affect the term of office of a Commissioner holding office at the commencement of this section. 8.-(l.) Sections nine to fifteen (inclusive) of the Principal Act are repealed and the following sections inserted in their stead:- "9. A Commissioner shall be paid such remuneration and Rfemuneration allowances as the Governor-General determines. ~ommissioners. "lO.-(l.) Where the Minister grants leave of absence to a Absence of Commissioners. Commissioner under the next succeedmg section, the Minister may appoint a person to act as a Commissioner during that absence, and a person so appointed has all the powers. and functions of a Commissioner. "(2.) Where the Minister grants leave of absence to the Chairman of the Commission under the next succeeding section, the Vice-Chairman shall act as Chairman during the absence. "(3.) Where the Minister grants leave of absence to the Vice- Chairman of the Commission under the next succeeding section, or where the Vice-Chairman is or will be acting as Chairman, the Commission may appoint a Commissioner (other than an Acting Commissioner) to act as Vice-Chairman during the absence, or during the period for which the Vice-Chairman acts as Chairman, as the case may be. "11. The Minister may grant leave of absence to a Com- i.eave of missioner upon such terms and conditions as to remuneration absence. or otherwise as the Minister determines. "12. The Governor-General may terminate the appointment Dismissa~of of a Commissioner for inability, inefficiency or misbehaviour. Comnnssion~. PAGENO="0160" 154 AIR LAWS AND TREATIES OF THE WORLD Resignation of "13. A Commissioner or an Acting Commissioner may Commissioners, resign his office by writing under his hand addressed to the Governor-General or the Minister, as the case may be, but the resignation is not effective unless it has been accepted by the Governor-General or the Minister, as the case may be. Vacation of " 14.-(1.) If a Commissioner- office. (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assign- ment of his remuneration for their benefit; (b) is absent, except on leave granted by the Minister, from three consecutive meetings of the Commission; or (c) fails to comply with his obligations under the next succeeding sub-section, the Governor-General shall, by notice in the Gazette, declare that the office of the Commissioner is vacant, and thereupon the office shall be deemed to be vacant. "(2.) A Commissioner who is directly or indirectly interested in a contract made or proposed to be made by the Commission, otherwise than as a member, and in common with the other members, of an incorporated company consisting of not less than twenty-five persons, shall, as soon as po'ssible after the relevant facts have come to his knowledge, disclose the nature of his interest at a meeting of the Commission. "(3.) A disclosure under the last preceding sub-section shall be recorded in the minutes of the Commission, and the Com- missioner- (a) shall not take part after the disclosure in any delibera- tion or decision of the Commission with respect to that contract; and (b) shall be disregarded for the purpose of constituting a quorum of the Commission for any such deliberati~n or decision. "(4.) Sub-section (2.) of this section does not apply in relation to a contract between a Commissioner and the Com- mission for the carriage of the Commissioner or another person or of any goods. PAGENO="0161" AIR LAWS AND TREATIES OF THE WORLD 155 "15.-(l .) The Commission shall hold such meetings as in Meetings of the opinion of the Chairman, are necessary for the efficient Commission. conduct of its affairs. "(2.) The Minister may at any time convene a meeting of the Commission. "(3.) The Chairman shall, on receipt of a written request signed by not less than two Commissioners, call a meeting of the Commission. "(4.) The Chairman shall preside at all meetings of the Commission at which he is present. "(5.) In the event of the absence of the Chairman from a meeting of the Commission, the Vice-Chairman shall preside at that meeting. "(6.) In the event of the absence of both the Chairman and the Vice-Chairman from a meeting of the Commission, the Commissioners present shall appoint one of their number to preside at that meeting. "(7.) At a meeting of the Commission, three Commissioners constitute a quorum. "(8.) A question arising at a meeting of the Commission shall be determined by a majority of the votes of the Com- missioners present. "(9.) The person presiding at a meeting of the Commission has a deliberative vote and, in the event of an equality of votes, also has a casting vote. "(10.) The general manager shall, as far as practicable, attend all meetings of the Commission but, if the Commission so directs, he shall retire from a meeting.". (2.) A determination under section nine of the Principal Act, as amended by this Act, may have effect on or from a date not earlier than the first day of July, One thousand nine hundred and fifty-seven. 9. Section seventeen of the Principal Act is amended- Appointment (a) by omitting sub-section (4.) and inserting in its stead of officers. the following sub-section:- "(4.) The regulations may provide that persons who possess prescribed educational qualifications may, notwithstanding the provisions of the last 67717 0-61-11 PAGENO="0162" 156 AIR LAWS AND TREATIES OF THE WORLD preceding sub-section, but subject to such conditions (if any) as are prescribed, be appointed to clerical offices in the Service of the Commission without having passed the prescribed entrance examination, and such persons may be appointed accordingly."; and (b) by omitting from sub-section (7.) the words "Fifteen hundred pounds" and inserting in their stead the words "Two thousand five hundred pounds ". Intra-state 1O.-(1.) Section nineteen A of the Principal Act is amended pursuanc~ of by omitting from sub-section (1.) the words "prior to the corn- ~s~r~0referred mencement of this section" and inserting in their stead the Parliaments, words "prior to the commencement of section ten of the Australian National Airlines Act 1959 ". (2.) On and after the date of commencement of this section, the provisions of the Principal Act, as amended by the provisions of this Act that come into operation on that date, in their appli- cation to or in relation to airline services referred to in section nineteen A of that Act, as so amended, shall be deemed to have effect by virtue of this Act. Power to 11. Section twenty-one of the Principal Act is amended by ~s~nd omitting sub-sections (2.) and (3.) and inserting in their stead assets. the following sub-sections "(2.) The Commission shall not, without the approval of the Minister- (a) purchase any land for a consideration exceeding Twenty thousand pounds; (b) enter into a lease of land for a period exceeding ten years; or (c) dispose of any property, right or privilege where the consideration for the disposal, or the value of the property, right or privilege, exceeds Fifty thousand pounds. "(3.) The Commission shall not, without the approval of the Minister, enter into a contract for the supply of aircraft, equipment or materials to the Commission for a consideration exceeding Fifty thousand pounds.". Contracts for 12. Section twenty-two of the Prirtcipal Act is amended by ~s5port of omitting the words "the Minister on behalf of ". Commission to 13. Section twenty-four of the Principal Act is repealed. be common carrier. PAGENO="0163" AIR LAWS AND TREATIES OF THE WORLD 157 14. Section thirty of the Principal Act is amended by omitting Capital of the from sub-section (1.) the word "more" and inserting in its Cornnussion. stead the word "those ". 15. Sections thirty-three, thirty-four, thirty-five and thirty- six of the Principal Act are repealed and the following sectjons inserted in their stead:- "33.-(l.) The Commission shall open and maintain an Bank accounts. account or accounts with the Commonwealth Bank of Australia, and may open and maintain an account or accounts with such other bank or banks as the Treasurer approves. "(2.) The Commission shall pay all moneys received by it into an account* referred to in this section. "34.-(l.) Subject to this Act, the moneys of the Commission Application shall be applied only- of moneys. (a) in payment or discharge of the expenses, charges and obligations incurred or undertaken by the Com- mission under this Act (b) in payment of the remuneration and allowances of the Commissioners; and (c) in making payments to the Commonwealth as provided by this Act. "(2.) Moneys of the Commission not immediately required for the purposes of the Commission may be invested on fixed deposit with the Commonwealth Bank of Australia or with any other bank approved by the Treasurer, or in securities of the Commonwealth. "35. The Commission shall keep proper accounts and Proper accounts records in accordance with the accounting principles generally to be kept. applied in commercial practice and shall do all things necessary to ensure that all payments out of its moneys are correctly made and properly authorized and that adequate control is maintained over the assets of the Commission and the incurring of liabilities by the Commission. "36.-(l.) The Auditor-General shall inspect and audit the Audit. accounts and records of financial transactions of the Commis- sion, and shall forthwith draw the Minister's attention to any irregularity disclosed by the inspection and audit which, in the opinion of the Auditor-General, is of sufficient importance to justify his so doing. "(2.) The Auditor-General shall, at least once in each year, report to the Minister the results of the inspection and audit carried out under the last preceding sub-section. "(3.) The Auditor-General or an officer authorized by him is entitled at all reasonable times to full and free access to all accounts, records, documents and papers of the Commission PAGENO="0164" 158 AIR LAWS AND TREATIES OF THE WORLD relating directly or indirectly to the receipt or payment of moneys by the Commission or to the acquisition, receipt, custody or disposal of assets of the Commission. "(4.) The Auditor-General or an officer authorized by him may make copies of or take extracts from any such accounts, records, documents or papers. "(5.) The Auditor-General or an officer authorized by him may require a Commissioner or an officer of the Commission to furnish him with such information in the possession of the Commissioner or officer or to which the Commissioner or officer has access as the Auditor-General or authorized officer considers necessary for the purpose of the performance of the functions of the Auditor-General under this Act, and the Commissioner or officer of the Commission shall comply with the requirement.". Profitsof 16. Section thirty-eight of the Principal Act is amended by Commission. omitting sub-sections (1.) and (2.) and inserting in their stead the following sub-sections :- "(1.) For the purposes of this Act, the profits of the Com- mission for a financial year are the amount (if any) remaining after deducting from the revenue received or receivable in respect of that financial year the expenditure properly chargeable against that revenue. "(2.) For the purposes of the last preceding sub-section, the expenditure of the Commission properly chargeable against the revenue received or receivable in respect of a financial year includes- (a) charges and expenses accrued in that year but not paid; (b) provision made in that year for obsolescence and depreciation of assets; (c) provision made in that year for the overhaul of aircraft, engines and operating equipment; (d) provision made in that year in lieu of insurance; (e) provision made in that year for staff superannuation; and (f) provision made in that year for income tax, but does not include expenditure charged against amounts provided out of the revenue of a previous year or expenditure in payment of charges and expenses accrued in a previous year.". 17. Section forty of the Principal Act is repealed and the following section inserted in its stead:- Annual report "40.-(l.) The Commission shall, as soon as practicable ~mmission. after each thirtieth day of. June, prepare and furnish to the Minister a report of its operations during the year ended on that date, together with financial statements in respect of that year in such form as the Treasurer approves. PAGENO="0165" AIR LAWS AND TREATIES OF THE WORLD 159 "(2.) Before furnishing the financial statements to the Minister, the Commission shall submit them to the Auditor- General, who shall report to the Minister- (a) whether the statements are based on proper accounts and records; (b) whether the statements are in agreement with the accounts and records and show fairly the financial operations and the state of the affairs of the Com- mission; (c) whether the receipt, expenditure and investment of moneys, and the acquisition and disposal of assets, by the Commission during the year have been in accordance with this Act; (d) as to the adequacy of provision in the nature ot reserves made in the accounts of the Commission; and (e) as to such other matters arising out of the statements as the Auditor-General considers should be reported to the Minister. "(3.) The Minister shall lay the report and financial state-. ments of the Commission, together with the report of the Auditor-General, before each House of the Parliament within fifteen sitting days of that House after their receipt by the Minister.". 18. Parts III., IV. and V. of the Principal Act are repealed. Repeal of Parts III., IV. and V. 19. Section sixty of the Principal Act is amended by omitting Recove~ of from paragraph (a) the word "his" and inserting in its stead ~ *the word "its ". 20. Section sixty-three of the Principal Act is amended- Limitation (a) by omitting the words "six months" and inserting in Commission. their stead the words two years ; and (b) by adding at the end thereof the following sub-section "(2.) This section does not apply to an action to which a period of limitation is applicable by virtue of the Civil Aviation (Damage by Aircraft) Act 1958 or the Civil Aviation (Carriers' Liability) Act 1959.". 21. Section sixty-four of the Principal Act is repealed. Notices of occurrence of 22.-(l.) Section sixty-six of the Principal Act is repealed ~ and the following section inserted in its stead :- action. "66.-(l.) In an action brought against the Commission to Limit of recover damages or compensation in respect of personal injury ~ or death (including proceedings for the recovery of contribution or death. from the Commission brought by a tort-feasor who is liable in respect of the same injury or death) the plaintiff is not entitled to recover an amount exceeding Seven thousand five hundred pounds. PAGENO="0166" 160 A1I~ LAWS AND TREATIES OF THE WORLD "(2.) This section does not apply in relation to the liability of the Commission by virtue of the Civil Aviation (Damage by Aircraft) Act 1958 or the Civil Aviation (Carriers' Liability) Act 1959.". (2.) The amendment made by this section does not apply in relation to a cause of action that arose before the commence- ment of this section. 23. Section sixty-nine of the Principal Act is amended by inserting in sub-section (1.), after the words "this Act" (first occurring), the words "or any other Act ". PAGENO="0167" AIRPORTS (BUSINESS CONCESSIONS). No. 89 of 1959. An Act to provide for the Grant of Leases, Licences and Trading Rights in connexion with Common- wealth Airports. [Assented to 3rd December, 1959.] BE it enacted by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows 1. This Act may be cited as the Airports (Business Concessions) Short title. Act 1959. 2. This Act shall come into operation on a date to be fixed by Commence. ment. Proclamation. 3. In this Act, unless the contrary intention appears- Definitions. "airport" means- (a) an aerodrome owned, or held under lease, by the Conmionwealth and operated in pursuance of the Air Navigation Act 1920-1950 or of the regulations under that Act; or 161 PAGENO="0168" 162 AIR LAWS AND TREATIES OF THE WORLD (b) such part of an aerodrome owned, or held under lease, by the Commonwealth and under the control of a part of the Defence Force as is made available for civil aviation purposes in pur- suance of arrangements made by the Minister administering that Act; "lease" includes a sub-lease. Act to bfrtd 4. This Act binds the Crown in right of a State. Crown. Ap~icat~on 5.-(l.) Except in accordance with a Proclamation under this Territories. section, this Act does not apply in a Territory of the Common- wealth forming part of the Commonwealth or extend to a Territory of the Commonwealth not forming part of the Common- wealth. (2.) The Governor-General may, by Proclamation, declare that, on and after a date specified in the Proclamation, this Act shall apply in a Territory so specified, being a Territory of the Commonwealth forming part of the Commonwealth, or shall extend to a Territory so specified, being a Territory of the Commonwealth not forming part of the Commonwealth. (3.) Where, in a Territory of the Commonwealth to which this Act extends, the Commonwealth operates an aerodrome in pursuance of the Air Navigation Act 1920-1950 or of the regulations under that Act on land that is owned by the Crown in right of the Territory or by the Administration of the Territory and has been made available for the purposes of the aerodrome otherwise than by a lease, this Act applies in relation to that aerodrome as if it were an airport as defined in section three of this Act, except that the Minister is not authorized to grant a lease in respect of land within such an aerodrome. freases and 6.-(1.) The Minister may, on behalf of the Commonwealth- (a) grant leases and licences in respect of land within an airport on such terms and conditions, and subject to payment of such rent or other consideration, as the Minister thinks fit; and (b) exercise any power or remedy of the Commonwealth in respect of any such lease or licence. (2.) This section has effect notwithstanding anything contained in the Lands Acquisition Act 1955-1957. Prohibition 7.-(l.) Except in accordance with an authority granted ~ under the next succeeding section and the terms and conditions authority, of that authority, a person shall not, within an airport, either personally or by his servant or agent, or as the servant or agent of another person- (a) sell, for delivery within the airport, or supply, any goods or services; PAGENO="0169" AIR LAWS AND TREATIES OF THE WORLD (b) carry on, or solicit for, any business; or (c) erect, display or distribute, or communicate by sound, any advertisement or public notice. (2.) A person who contravenes the last preceding sub-section is guilty of an offence punishable, upon a first conviction, by a fine of not more than One hundred pounds and, upon a second or subsequent conviction, by a fine of not less than Fifty pounds and not more than Five hundred pounds. (3.) Sub-sectiot~ (1.) of this section does not apply to or in relation to- (a) the making or performance, by an operator of air transport services, of contracts for the carriage of passengers or goods by air or for the carriage by that operator between the airport and any premises of that operator of passengers or goods that have been, or are to be, carried by that operator by air; (b) the advertising, by an operator of air transport services, of those services or other transport services or of tourist facilities; or (c) the sale or supply to the owner or operator of aircraft of goods or services required for the maintenance or operation of the aircraft or for use or consumption- (i) aboard the aircraft; or (ii) at the airport by persons employed by him. (4.) This section does not affect the enforcement of any civil remedy against a person. 163 8.-(l.) The Minister may, on behalf of the Commonwealth, Authorty to by writing under his hand, grant to a person an authority to do, trade, &c. either personally, or by his servants or agents, or both, any act or thing referred to in sub-section (1.) of the last preceding section. (2.) An authority under this section- (a) may be included in, or granted in relation to, a lease or licence in respect of particular land within an airport; and (b) shall, subject to the next succeeding section, be granted for such period, on such terms and conditions and for such consideration as the Minister thinks fit. 9.-(l.) The holder of an authority under this Act, and the Exerci~eof servants and agents of such a holder, may, subject to the terms authorities. and conditions of the authority, act in accordance with the authority without obtaining or having any other authority, licence, permit or registration. (2.) Subject to the next succeeding sub-section, the Minister may, having regard to the special needs of the travelling public, specify in the terms and conditions of an authority under this PAGENO="0170" 164 AIR LAWS AND TREATIES OF THE WORLD Act the days on which, and the times during which, the authority may be exercised, and the authority may lawfully be exercised on those days and during those times. (3.) An authority under this Act to sell or supply intoxicating liquor shall contain terms and conditions under which the holder is subject to requirements, prohibitions and restrictions as to the days on which, and the times during which, such liquor may be sold or supplied corresponding to, and to other require- ments, prohibitions and restrictions corresponding, as nearly as possible, to, those that apply, under the law of the State or Territory in which the airport is situated, in relation to the sale or supply of such liquor in pursuance of a licence under that law of the kind that most nearly `corresponds with the authority under this Act. (4.) An authority under this Act shall contain such terms and conditions as the Minister thinks necessary for the purpose of preventing the sale or supply of goods or services, in pursuance of the authority, to persons resorting to the airport solely or principally for the purpose of purchasing or obtaining goods or services at times outside the days and hours of trading or business that would be applicable, under the law of the State or Territory of the Commonwealth in which the airport is situated, in relation to like transactions in the part of that State or Territory in which the airport is situated. (5.) Except as provided in this section, a lease, licence or authority under this Act does not exempt a person from compliance with the law of a State or Territory of the Commonwealth. Inspection of 1O.-(l.) An authority under this Act shall contain such terms pr~mises, C~ and conditions in relation to the inspection of premises, the keeping and inspection of books and records and the inspection and sampling of goods as the Minister considers necessary for the purposes of this Act. (2.) The Governor-General may, for the purposes of this Act, arrange with the Governor of a State for the performance by members of the Police Force of the State or by persons employed in the public service of the State, for the Government of the Commonwealth, of any work or services, and for the paymei,it to be made by the Commonwealth for any such work or services. rnb0ds~f 11.-(l.) Subject to this section, a lease, licence or authority under this Act, other than a lease, licence or authority for purposes directly related to the operation of air transport services, shall not be granted- (a) for a period exceeding- (i) in the case of a building lease or an authority included in, or granted in relation to, such a lease-ninety-nine years; or PAGENO="0171" AIR LAWS AND TREATIES OF THE WORLD 165 (ii) in any other case-twenty-one years; or (b) except after tenders have been publicly invited or after public auction. (2.) Paragraph (b) of the last preceding sub-section does not apply in relation to a lease, licence or authority granted- (a) for a period not exceeding three years; or (b) in pursuance of an option of renewal. (3.) Nothing in this section affects any rights (including an option of renewal) granted before the commencement of this Act. (4.) For the purposes of this section the period of a lease, licence or authority shall be deemed to include any period for which it is renewable under an option of renewal. 12.-(l.) A lease or licence in respect of land within an airport Saving of granted by or on behalf of the Commonwealth before the date ~ of commencement of this Act and in force immediately before that date continues in force as if granted under this Act, and accordingly any power or remedy of the Commonwealth, or of any person on behalf of the Commonwealth, in respect of any such lease or licence is exercisable by the Minister. (2.) In relation to an airport in a Territory of the Common- wealth, a reference in this section to the date of commencement of this Act shall be read as a reference to the date specified in a Proclamation under section five of this Act as the date on and after which this Act shall apply in, or extend to, that Territory. 13. In the application of section fifty-seven of the Lands Warrants to Acquisition Act 1955-1957 in relation to land within an airport, ~ references in that section to the Minister shall be read as references of land. to the Minister of State for the time being administering this Act or any Minister or member of the Executive Council for the time being acting for and on behalf of that Minister. 14.-(l.) The Minister may, by writing under his hand, Eviden~ certify that, on a specified date or during a specified period, an airport, within the meaning of this Act, existed at a place, and had the boundaries, described, by reference to a map or otherwise, in the certificate and may, in the certificate, certify as to the existence, situation and description of any physical features (including buildings or other erections) of or upon the airport at that date or within that period. (2.) In a prosecution under this Act, a certificate under this section is evidence of the matters certified. (3.) A document purporting to be a certificate under this section and to be signed by a person by virtue of a delegation to that person of the powers of the Minister under this section may be admitted in evidence as such a certificate without proof of the delegation or of the signature of that person. PAGENO="0172" 166 AIR LAWS AND TREATIES OF THE WORLD Delegation. 15.-(l.) The Minister may, either generally or in relation to a matter or class of matters and either in relation to all airports or a particular airport or particular airports, by writing under his hand delegate to a person or persons all or any of his powers and functions under this Act (except this power of delegation and his power to grant an authority to sell or supply alcoholic liquor). (2.) A power or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation. (3.) A delegation under this section is revocable at will and does not prevent the exercise of a power or the performance of a function by the Minister. Regulations. 16. The Governor-General may make regulations, not incon- sistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act. PAGENO="0173" AIR NAVIGATION. No. 39 of 1960. An Act to amend the Air Navigation Act 1920-1950, and for other purposes. [Assented to 10th June, 1960.] BE it enacted by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:-. 1.-(1.) This Act may be cited as the Air Navigation Act Short title 1960 and citation. (2.) The Air Navigation Act 1920_1950* is in this Act referred to as the Principal Act. (3.) The Principal Act, as amended by this Act, may be cited as the Air Navigation Act 1920-1960. 2. This Act shall come into operation on a date to be fixed Commenco. by Proclamation. 3. Sections two and three of the Principal Act are repealed and the following sections inserted in their . stead:- "2. This Act extends to every Territory of the common- Extension to wealth. . . . ... Territories. * Act No. 50, 1920, as amended by No.93, 1936; Nos. 6 and 89, 1947; ~nd No.~O, 1950. - 167 PAGENO="0174" 1 I AIR LAWS AND TREATIES OF THE WORLD to bind "2A. This Act binds the Crown in right of the Commonwealth or of any State. ilnt~rprctation. "3.-(l.) In this Act, unless the contrary intention appears- `aircraft' does not include state aircraft; `(Australian aircraft `means an aircraft registered in Australia in accordance with the regulations; `Australian territory' means the territory of the Common- wealth and of every Territory of the Commonwealth, and includes the territorial waters of the Common- wealth and of every such Territory and the air space over any such territory or territorial waters; `Contracting State' means a counti~y, other than Australia, that is' a party to the Clilcàgo Convention; `crew `,in relation to an aircraft, includes every person having duties or functions on board the aircraft during the flight of the aircraft in connexion with the flying or safety of the aircraft; ` `international airline' means an air transport enterprise offering or operating an international air service; `non-scheduled ffight', in relation to an aircraft that `possesses the nationalityof a. Contracting State, means a flight by that aircraft over or into Australian terntor~ otherwise than under `the äuthórity of an international airline licence issued by the Director-General in pur- .suãnce of the regulations; `pilot., in command', in relation, to an aircraft, means the pilot responsible for the operation and safety of the aircraft during the flight of the aircraft;. *"` `state aircraft' means- ``` ~ ~ aircraft of any part of the Defence Force, including any aircraft that is commanded by a member .of that Force in the course of his duties as such a member; and (b) aircraft used in the military, customs or police services of a country other than Australia; `the Air Transit Agreement' means the International Air Services Transit Agreement concluded at Chicago on the seventh day of December, One thousand nine hundred and forty-four; `the Chicago Cmvention' means the Convention on International Civil Aviation concluded at Chicago on the seventh day of December, One thousand nine. hundred and forty$our; `the Director-General' means the Director-General of Civil Aviation and includes any person acting as Director- Gëneràl; . PAGENO="0175" AIR LAWS AND TREATIES OF THE WORLD 169 `the International Air Transport Association' means the association incorporated under that name by Act 9-10 George VI., Chapter 51, of the Parliament of Canada; `the International Civil Aviation Organization' means the organization, so named, formed under Article 43 of the Chicago Convention. "(2.) Any reference in this Act to a contravention of, or failure to comply with, a provision of this Act includes a reference to a contravention of, or failure to comply with, an instruction, direction, condition or requirement issued, given, made or imposed in pursuance of this Act.". 4. Section three A of the Principal Act is amended by adding Approval of at the end thereof the following sub-section:- of Convent!on, "(2.) Approval is given to the ratification on behalf of Aus- ~ tralia of- (a) the Air Transit Agreement; (b) the Protocol amending Article 45 of the Chicago Con- vention, approved by the Assembly of the International Civil Aviation Organization on the fourteenth day of June, One thousand nine hundred and fifty-four; and (c) the Protocol amending Articles 48 (a), 49 (e) and 61 of * the Chicago Convention, approved by the Assembly of the International Civil Aviation Organization on the fourteenth day . of June, One thousand nine hundred and fifty-four.". 5. Section five of the Principal Act is repealed and the following sections are inserted in its stead:- "4. For the purposes of this Act, the texts of the Chicago TeXt of Convention, the Air Transit Agreement and the Protocols referred ~`°~ to in the last preceding section shall be deemed to be the English texts set out respectively in the First, Second, Third and Fourth Schedules to this Act. "5. The Minister may, by notice published in the Gazette, Contractliip declare which countries are from time to time parties to the St~t~s, Chicago Convention, the Air Transit Agreement or any of the Protocols referred to in section three A of this Act, and such a notice is evidence of the matter so declared. "6.-(l.) The International Civil Aviation Organization Int~t1~ possesses such legal capacity and is entitled to such privileges ~ and immunities as are necessary, for the independent exercise of its powers and performance. of its functions in Australian territory. PAGENO="0176" 170 AIR LAWS AND TREATIES OF THE WORLD "(2.) Without limiting the generality of the last preceding sub-section, the International Civil Aviation Organization has in Australian territory juridical personality and the capacity- (a) to contract; (b) to acquire and dispose of real and personal property; and (c) to institute legal proceedings. "(3.) The archives and other documents of the International Civil Aviation Organization kept in Australian territory are inviolable. Establishment "7.-(l.) The Minister may establish and conduct a service ~ to be known as the Aeronautical Information Service. Information Service, "(2.) The functions of the Aeronautical Information Service are t~ collect and disseminate aeronautical information and instructions relating to the safety, regularity and efficiency of air navigation, being information and instructions with respect to- (a) aerodromes; (b) air traffic control services and facilities; (c) communication and air navigation services and facilities; (d) meteorological services and facilities; (e) search and rescue services and facilities; (J) procedures and regulatory requirements connected with air navigation; and (g) hazards to air navigutioñ. Publicatk)n of "8.-(l.) The Aeronautical Information Service shall publish ~`~` publications to be known as Aeronautical Information Publica- ~ tions and notices to be known as Notices to Airmen. to Airmen. "(2.) There shall be published in Aeronautical Information Publications the aeronautical information and instructions that, by this Act or the regulations, are required to be so published and such other aeronautical information and instructions as are of a lasting character essential to air navigation: "(3.) There shall be `published in Notices to Ainnen the aeronautical information and instructions that, by this Act or the regulations, are required to be so published and such other aeronautical information and instructions as- (a) are of a temporary character; or (b) cannot be made available with sufficient expedition by publication in Aeronautical Information Publications. "(4.) The Director-General shall forward copies of Aero- nautical Information Publications and Notices to Airmen to the International Civil Aviation Organization. PAGENO="0177" AIR LAWS AND TREATIES OF THE WORLD 171 "9.-(l.) The Mii~ister. may, by writing under his hand, I~ternat1on& designate as an international airport an aerodrorne at which ~"°~` facilities are available for the formalities incident to customs, immigration, quarantine and other requirements in connexion with arrival in or departure from Australian territory of aircraft. "(2.) The Director-General shall cause to be published in Aeronautical Information Publications particulars of the a~ro- dromes designated as international airports under the last preceding sub-section. "10. Subject to such exceptions as are prescribed- ~a~naI (a) an aircraft arriving in Australian territory from a place ~ outside Australian territory shall land at an aerodrome ~~ted designated as an international airport under the last preceding section; and (b) an aircraft departing from Australian territory for a place outside Australian territory shall take-off from an aerodrome so designated. "11. Subject to the next succeeding section, a scheduled Freedoms of international air service conducted by an international airline of a thO air. country other than Australia that is a party to the Air Transit Agreement has, in respect of Australian territory, the following freedoms of the air:- (a) the privilege to fly across Australian territory without landing; and (b) the privilege to land in Australian territory for any purpose other than taking on or discharging pas- sengers, cargo or mail. "12.-(1.) An international airline of a country other than International Australia shall not operate a scheduled international air service ~ Iicences over or into Australian territory except in accordance with an international airline licence issued by the Director-General in accordance with the regulations. "(2.) An international airline licence shall not be granted to an international airline of a country other than Australia unless that country and Australia are parties to the Air Transit Agree- nient, or to some other agreement or arrangement, whether bilateral or multilateral, under which scheduled international air services of that other country may, subject to the agreement or arrangement, be operated over or into Australian territory. 67717 O-61----12 PAGENO="0178" 172 AIR LAWS AND TREATIES OF THE WORLD suspeaglazcv "13. The Minister may suspend or cancel an international air- ~~TILd line licence issued to an international airline of a country other airline licences. than Australia if and only if- (a) the airline or any aircraft operated by the airline fails to comply with a provision of this Act or the regulations or: the terms of its licence; or (b) the airline fails to conform to, or comply with, any term or condition of the relevant agreement or arrangement referred to in the last preceding section. ~;scbheduled "14.-(1.) An aircraft that possesses the nationality of a ing Contracting State may, subject to observance of the terms of nationality of a the Chicago Convention and the provisions of this Act and the Contracting regulations, fly in transit non-stop across Australian territory, or land in Australian territory for non-traffic purposes, in the course of a non-scheduled flight, without the necessity of obtaining prior permission. "(2.) Where an aircraft that possesses the nationality of a Contracting State makes a non-scheduled flight into Australian territory, it shall not take on or discharge passengers, cargo or mail in Australian territory (being passengers, cargo or mail that has been, or is to be, carried for reward) except with the permission of the Director-General and in accordance with that permission. "(3.) The Director-General shall cause to be published in Aeronautical Information Publications the procedure to be followed and the particulars to be supplied by applicants for the permission referred to in the last preceding sub-section. "(4.) In considering an application for the permission referred to in sub-section (2.) of this section, the Director-General shall have regard to- (a) the public interest; (b) the need to provide reasonable protection for the operators of regular public air transport services between Australia and other countries so as to ensure the maintenance of regular air transport services for the carriage of passengers, cargo and mail between Australia and other countries; and (c) any resolution or decision of the International Civil Aviation Organization or of the International Air Transport Association that has been approved by the Minister and is relevant to the matter. "(5.) The Director-General, in giving a permission for the purpose of sub-section (2.) of this section, may direct that the charges to be made in respect of passengers or cargo taken on or discharged in Australian territory shall be not less than such amounts as he directs.. PAGENO="0179" AIR LAWS AND TREATIES OF THE WORLD 173 * *" (6.) For the purposes of this section, an aircraft arriving in Australian territory from a place outside Australian territory shall be deemed to discharge passengers, cargo or mail if it lands at any place in Australian territory while carrying passengers, cargo or mail destined for that place or another place in Australian territory. (7.) NotwithStanding anything in the preceding provisions of this sectiofl, where it `appears to the Director-General that an air- craft that possesses the nationality of a Contracting State is intended, in the course of a non-scheduled flight over Australian territory, to proceed over regions that are inaccessible or without adequate air navigation facilities, the Director-General may, if he considers it necessary in the interests of safety, direct that the aircraft follow an established air route or that the flight shall be conducted in accordance with such conditions as he specifies, and the aircraft shall comply `with that direction. 15.-(l.) A foreign aircraft that does not possess the ~;s~hedu1.d nationality of a Contracting State shall not make a non-scheduled foreign~'afrc~aft ifight over or into Australian territory unless the Minister has ~ approved the flight. "(2.) In giving an approval under ~the last preceding sub- section the Minister may impose such conditions and require- ments as to the flight as he thinks fit, including such conditions and requirements as he considers necessary to ensure compliance with the general principles contained in the Chicago Convention, and the aircraft shall comply with those conditions and require- ments. "16. The owner, the operator, the hirer, the pilot in command ~ircraft~on and any other pilot of an aircraft arriving in Australian territory ~°~` from a place outside Australian territory or departing from ~ with Australian territory for a place outside Australian territory shall comply with the provisions of all applicable laws, whether of the Commonwealth or of a State or Territory of the Coimmonwealth, for the time being in force, including laws relating to the entry or clearance of passengers, crew or cargo, immigration, passports, customs and quarantine. "17. Except as provided by sub-section (1.) of section fourteen of this Act or in accordance with an international airline licence ~uig1its to 1~ave or an approval under section fifteen of this Act, an aircraft shall "~~` not arrive in Australian territory from a place outside Australian, territory, or depart from Australian territory for a place outside Australian territory, without the permission of the Director- General `.` 18. The Minister may make arrangements with the appro- rerence pnate Minister for the use by aircraftengaged in civil air navigation ~ of an aerodrOme. under the control.of'a part of the Defence. Force PAGENO="0180" 174 AIR LAWS AND TREATIES OF THE WORLD and, subject to the terms of the arrangement, the Director-General may authorize the use of the aerodrome by aircraft so engaged in accordance with such conditions as the Director-General specifies. Ca ago of "19.-{1.) Munitions of war or implements of war shall not be carried by an aircraft in or over Australian territory, or by an Australian aircraft outside Australian territory, except with the permission in writing of the Minister and in accordance with any conditions to which the permission is expressed to be subject. "(2.) In this section- (a) the reference to munitions of war or implements of war shall be read as including a reference to any articles declared by the regulations to be munitions of war or implements of war, as the case may be; and (b) a reference to aircraft shall be read as including a reference to state aircraft of a country other than Australia. The clvii "20.-(l.) The design and colours of the Civil Air Ensign Air Ensign. of Austraija are as specified by the Minister by notification in the Gazette on the fourth day of March, One thousand nine hundred and forty-eight, unless and until another ensign is appointed in its place in pursuance of section five of the Flags Act 1953-1954. "(2.) The Civil Air Ensign of Australia shall not, either within or outside Australian territory, be flown, painted or otherwise displayed, except- (a) by the Department of Civil Aviation on its buildings, boats and aircraft; (b) on an. Australian aircraft engaged in international air navigation; (c) by the Commonwealth on an aerodrome maintained and operated by the Commonwealth under the regulations; or (d) in accordance with the permission of, and subject to such conditions as are specified by, the Director- General, in writing. "2l.-(1.) Where it appears to the Minister that any ~~gationaI installation is or may be, either actively or passively, aida. causing interference with radio communications to or from aircraft or with navigational aids in circumstances that are likely to en- danger the safety of aircraft engaged in interstate or international air navigation or air navigation within or to or from a Territory of the Commonwealth, the Minister may authorize a notice to be served upon the owner or user of the installation or the owner or PAGENO="0181" AIR LAWS AND TREATIES OF THE WORLD 175 occupier of the premises or place in which the installation is * installed or kept directing him to permit the installation to be inspected and tested by an officer. "(2.) If, as a result of such an inspection or otherwise, it appears to the Minister necessary to do so for the safety of aircraft referred to in the last preceding sub-section, the Minister may authorize a notice to be served on the owner or user of the in- stallation or the owner or occupier of the premises or place in which the installation is installed directing the person on whom the notice is served to make such modification to the installation, or to take such other action, as is necessary to eliminate the cause of the interference, within such reasonable time as is specified in the notice. "(3.) Where the installation has been installed and is used and operated in accordance with all applicable laws, the owner or user of the installation or the owner or occupier of the premises or place in which the installation is installed may recover from the Commonwealth the amount of all reasonable expenses incurred, and of loss actually suffered, in complying with the direction. "(4.) A person shall not, without reasonable excuse- (a) fail to comply with a direction contained in a notice under this section; or (b) impede or obstruct an officer or fail to afford every facility to an officer in the inspection or testing of any installation the subject of a notice under this section. "(5.) If a person upon whom a notice under sub-section (2.) of this section is served fails to comply with a direction contained in the notice, the Minister may authorize an officer, with such assistance as the officer requires, to enter the premises or place in which the installation is installed or kept, with such force as is necessary, and to take such action as is directed in the notice. "(6.) A notice under this section may be served personally or may be served by post at the last-known place of abode or last-known place of business of the person on whom it is served or at the address at which the installation concerned is installed. "(7.) In this section, `installation' includes any electrical or other equipment or any metallic structure. "22.-(l.) A person who contravenes or fails to comply with Offences. a provision of this Act is guilty of an offence. "(2.) The owner, the operator and the hirer (not being the Crown), and the pilot in command and any other pilot, of an aircraft that flies in contravention of, or fails to comply with, a provision of this Act is guilty of an offence. PAGENO="0182" 176 AIR LAWS AND TREATIES OF THE WORLD "(3.) An offence against this Act may be prosecuted either summarily or upon indictment, but an offender is not liable to be punished more than once in respect of the same offence. "(4.) The punishment for an offence against this Act is- (a) if the offence is prosecuted summarily-a fine not exceeding Two hundred pounds or imprisonment for a term not exceeding six months, or both; or (b) if the offence is prosecuted upon indictment-a fine not exceeding Five hundred pounds or imprisonment for a term not exceeding two years, or both, or, if the offender is a body corporate, a fine not exceeding Five thousand pounds. "(5.) Proceedings for the commitment of a person for trial on indictment for an offence against this Act shall not be instituted except with the consent in writing of the Director- General. "(6.) Proceedings for the summary prosecution of an offence against this Act shall not be instituted except with the consent in writing of the Director-General or a person authorized by the Director-General, by writing under his hand, to give such consents. "(7.) Notwithstanding the preceding provisions of this section, the regulations may make provision for or in relation to other consequences (in addition to punishment for an offence) of contravention of, or failure to comply with, a provision of this Act or the regulations or to ensure compliance with a pro- vision of this Act or the regulations. DCfbIIC~S ~ "23.-(l.) In any proceedings with respect to an offence ~ against this Act or the regulations, it is a defence if the act or cffcnccs. omission charged is proved to have been due to stress of weather or other unavoidable cause. "(2.) In any proceedings against the owner, operator, hirer, pilot in command or other pilot of an aircraft with respect to an offence against this Act or the regulations, it is a defence if the act or omission charged is proved to have taken place without his fault or privity. crown not "24. Nothing in this Act shall be taken to subject the Crown ~ in right of the Commonwealth or of a State to liability to be prosecuted for an offence, but this section does not affect any liability of a member of the crew of an aircraft of which the Crown is the owner or of any other person in the employment of the Crown to be so prosecuted. Jurfsiictjon "25.-(1.) Subject to the succeeding provisions of this otCourts. section- (a) the several courts of the States are invested with federal jurisdiction; and PAGENO="0183" AIR LAWS AND TREATIES OF THE WORLD 177 (b) jurisdiction is conferred on the several courts of the Territories of the Commonwealth, with respect to offences against this Act or the regulations. "(2.) The jurisdiction invested in or conferred on courts by the last preceding sub-section is invested or conferred within the limits (other than limits having effect by reference to the places at which offences are corrmiitted) of their several jurisdictions, whether those limits are as to subject-matter or otherwise. "(3.) The trial on indictment of an offence against this Act or the regulations, not being an offence committed within a State, may be held in any State or Territory of the Common- wealth. "(4.) The jurisdiction invested in, or conferred on, a court of sununary jurisdiction by this section shall not be judicially exercised except by a Chief, Police, Stipendiary, Resident or Special Magistrate, or a District Officer or Assistant District Officer of a Territory of the Commonwealth. "(5.) Where an appeal lies from a court to the Supreme Court of a State or Territory of the Commonwealth, an appeal from a decision of the first-mentioned court exercising jurisdiction by virtue of this section may be brought to the High Court. "(6.) The High Court may grant special leave to appeal to the High Court from a decision of a court of a State or Territory of the Commonwealth exercising jurisdiction by virtue of this section notwithstanding that the law of that State or Territory prohibits an appeal from the last-mentioned court. "(7.) Subject to this Act, the laws of a State or Territory of the Commonwealth with respect to the arrest and custody of offenders or persons charged with offences and the procedure for- (a) their summary conviction; (b) their examination and commitment for trial on indict- ment; (c) their trial and conviction on indictment; and (d) the hearing and determination of appeals arising out of any such trial or conviction or out of any proceedings connected therewith, and for holding accused persons to bail apply, so far as they are applicable, to a person who is charged in that State or Territory with an offence against this Act or the regulations. "(8.) Except as provided by this section, the Judiciary Act 1903-1960 applies in relation to offences against this Act or the regulations. PAGENO="0184" 178 AIR LAWS AND TREATIES OF THE WORLD "(9.) For the purposes of this section, `court of summary jurisdiction ` includes a court of a Territory of the Commonwealth sitting as a court for the making of summary orders or the summary punishment of offences under the law of the Territory. Regulations. "26.-(l.) The Governor-General may make regulations, not inconsistent with this Act- (a) prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act; (b) for the purpose of carrying out and giving effect to the Chicago Convention, as amended by the Protocols re- ferred to in sub-section (2.) of section three A of this Act, any Annex to the Convention relating to inter- national standards and recommended practices (being an Annex adopted in accordance with the Convention) and the Air Transit Agreement; (c) in relation to air navigation within a Territory of the Commonwealth or to or from a Territory of the Commonwealth; (d) in relation to air navigation, being regulations with respect to trade and commerce with other countries and among the States; and (e) in relation to air navigation, being regulations with respect to any other matter with respect to which the Parlia- ment has power to make laws. "(2.) Without limiting the generality of the preceding pro- visions of this section, the regulations that may be made under the powers conferred by those provisions include regulations for or in relation to- (a) the registration, marking and airworthiness of aircraft; (b) requiring persons performing specified functions in relation to the operation or maintenance of aircraft to be the holders of licences or certificates of specified kinds, and providing for the grant, cancellation, suspension or variation of such licences and certificates; (c) the licensing of air transport operations; (d) controlling the provision for reward of air transport within a Territory of the Commonwealth or to or from a Territory of the Commonwealth; (e) the establishment, maintenance, operation and use of aerodromes and air route and airway facilities and the licensing of aerodromes other than aerodromes maintained by the Commonwealth; (J) hygiene, sanitation and public health at aerodromes; PAGENO="0185" AIR LAWS AND TREATIES OF THE WORLD 179 (g) the prohibition of the construction of buildings or other structures, the restriction of the dimensions of buildings or other structures, and the removal in whole or in part or the marking of buildings, other structures, trees or other natural obstacles, that constitute or may constitute obstructions, hazards or potential hazards to aircraft flying in the vicinity of an aerodrome, and such other measures as are necessary to ensure the safety of aircraft using an aerodrome or flying in the vicinity of an aerodrome; (Ii) empowering the Director-General, or an officer thereunto authorized by the Director-General, to give or issue directions or instructions to all or any of the persons holding licences or certificates under this Act or the regulations, being directions or instructions with respect to matters affecting the safe navigation and operation, or the maintenance, of aircraft, and providing for the manner in which such directions and instructions are to be notified; (1) the formal proof and authentication of instruments made or issued under this Act or the regulations; (I) the powers (including powers of arrest) that may be exercised by members of the crew of an aircraft, in relation to persons on board the aircraft, for the purpose of ensuring the safety of the aircraft or of its passengers, crew or cargo or otherwise for the purposes of this Act or the regulations; and (k) the imposition of penalties not exceeding a fine of Five hundred pounds or imprisonment for a term of two years, or both, for a contravention of, or failure to comply with, a provision of the regulations or a direction, instruction or condition issued, given, made or imposed under, or in force by virtue of, the regulations. "(3.) Where the regulations make provision for the removal or marking of structures or obstacles referred to in paragraph (g) of the last preceding sub-section, the regulations shall also include provision for the payment of compensation to any person who suffers loss or damage or incurs expense in or as a direct result of the removal or marking. "(4.) Regulations affecting air navigation to or from the Northern Territory have effect notwithstanding section ten of the Northern Territory (Administration) Act 1910-1959. "27. Any provisions of the regulations may be expressed to Extra-t~it*~t apply to and in relation to Australian aircraft, persons on board ~ Australian aircraft, and members of the crews of Australian aircraft, outside Australian territory. PAGENO="0186" 180 AIR LAWS AND TREATIES OF THE WORLD Appea1~ "28.-{1.) Where the regulations include requirements in pursuance of paragraph (b) of sub-section (2.) of section twenty- ~ six of this Act, the regulations shall, subject to the Constitution, or also include provisions under which a person aggrieved by a certificatcs~ refusal to grant, or by a cancellation, suspension or variation of, a licence or certificate of a kind referred to in those requirements has a right of appeal to a particular court, or has a right of appeal to such one of two or more courts as he selects. "(2.) Nothing in the last preceding sub-section- (a) shall be taken to prevent the making of regulations for or in relation to the conferring on any administrative authority, including a board of review constituted under the regulations, of powers and functions, to be exercised by way of appeal or review, in respect of matters referred to in that sub-section; (b) shall be taken to require the regulations to give to a person who has elected to have a matter dealt with by an administrative authority having such powers and functions a right to appeal in the same matter to a court; or (c) applies in relation to a temporary suspension for the purposes of an examination or a suspension for a period not exceeding twenty-eight days pending completion of an investigation. "(3.) The regulations may make provision for and in relation to all or any of the following:- (a) investing the Supreme Courts of the States with federal jurisdiction; (b) conferring jurisdiction upon the Supreme Courts of the Territories of the Commonwealth; and (c) conferring jurisdiction upon a federal court, for the purposes of regulations made in pursuance of the preceding provisions of this section. "(4.) The jurisdiction invested in, or conferred on, a court in pursuance of this section may be exercised by a single Judge of the court. "(5.) The reference in sub-section (2.) of section one hundred and ninety-eight of the Conciliation and Arbitration Act 1904- 1960 to jurisdiction conferred upon the Commonwealth Industrial Court by any other Act shall be read as including a reference to any jurisdiction that may be conferred on that Court in pur- suance of this section. "(6.) In this section, `.court' means a federal court, the Supreme Court of a State or the Supreme Court of a Territory of the Commonwealth. PAGENO="0187" AIR LAWS AND TREATIES OF THE WORLD 181 "29. As soon as practicable after the ~thirtieth day of June, 4&nnual One thousand nine hundred and sixty-one, and after each suc- report. ceeding thirtieth day of June, the Minister shall prepare and lay before each House of the Parliament a report on the administra- tion and working of this Act and the regulations and on such other matters concerning civil air navigation as the Minister considers should be brought to the attention of Parliament. "30. It is hereby declared to be the intention of the Parlia- Powers and meat that an officer, authority or person having powers or functions under this Act or the regulations may also have, exercise and perform similar powers or functions conferred by the law of a State relating to air navigation. "31 .-(l.) The Minister or the Director~General may, either Delegation. generally or in relation to a matter or class of matters, by writing under his hand, delegate to a person or persons all or any of his powers and functions under this Act except this power of dele- gation. "(2.) A power or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation. "(3.) A delegation under this section is revocable at will and does not prevent the exercise of a power or the performance of a function by the Minister or the Director-General, as the case may be.". 6. The Air Navigation Regulations, being Statutory Rules 1947, S~lng and No. 112, as amended from time to time and in force, or purporting ~ of to be in force, immediately before the commencement of this Act are as valid and effectual as if they had been made under the Principal Act, as amended by this Act, and shall, subject to any regulations made under the Principal Act as amended by this Act, continue in force notwithstanding the repeal of section five of the Principal Act. 7. The Principal Act is amended by adding at the end thereof Sch~iai~. the following heading and Schedules:- THE SCHEDULES. FIRST SCHEDULE. Section 4. CONVENTION ON INTERNATIONAL CIVIL AVIATION. PREAMBLE. WHrREAS the future development of international civil aviation can greatly help to ereate and preserve friendship and understanding among the nations and peoples of the world, yet its abuse can become a threat to the general security; and WHEREAS it is desirable to avoid friction and to promote that co-operation between nations and peoples upon which the peace of the world depends; THEREFORE, the undersigned governments having agreed on certain principles and arrangements in order that international civil aviation may be developed in a safe and orderly manner and that international air transport services may be established on the basis of equality of opportunity and operated soundly and economically; Have accordingly concluded this Convention to that end. PAGENO="0188" 182 AIR LAWS AND TREATIES OF THE WORLD Frnsr ScliFDuLE-co~ttlnued. PART 1.-AIR NAVIGATION. CHAPTER 1.-GENERAL PRINCIPLES ~M APPLICATION o~ ma CoNvENTIoN. Article 1. S overeignty. The contracting States recognize that every State has complete and exclusive sovereignty over the airspace above its territory. Article 2. Territory. For the purposes of this Convention the territory of a State shall be deemed to be the land areas and territorial waters adjacent thereto under the sovereignty, suzerainty, protection or mandate of such State. Article 3. Civil and state (a) This Convention shall be applicable only to civil aircraft, and shall not be applicable aircraft. to state aircraft. (b) Aircraft used in military, customs and police services shall be deemed to be state aircraft. (c) No state aircraft of a contracting State shall fly over the territory of another State or land thereon without authorization by special agreement or otherwise, and in accordance with the terms thereof. (d) The contracting States undertake, when issuing regulations for their state aircraft, that they will have due regard for the safety of navigation of civil aircraft. Article 4. Misuse of civil Each contracting State agrees not to use civil aviation for any purpose inconsistent aviation, with the aims of this Convention. CHAPTER II.-Fuum~ OVER TERRITORY OP CONTRACTING STATES. Article 5. Right of'non. Each contracting State agrees that all aircraft of the other contracting States, being scheduled flight, aircraft not engaged in scheduled international air services shall have the right, subject to the observance of the terms of this Convention, to make flights into or in transit non- stop across its territory and to make stops for non-traffic purposes without the necessity of obtaining prior permission, and subject to the right of the State flown over to require landing. Each contracting State nevertheless reserves the right, for reasons of safety of flight, to require aircraft desiring to proceed over regions which are inaccessible or without adequate air navigation facilities to follow prescribed routes, or to obtain special permission for such flights. Such aircraft, if engaged in the carriage of passengers, cargo, or mail for remuneration or hire on other than scheduled international air services, shall also, subject to the provisions of Article 7, have the privilege of taking on or discharging passengers, cargo, or mail, subject to the right of any State where such embarkation or discharge takes place to impose such regulations, conditions or limitations as it may consider desirable. Article 6. Scheduled air No scheduled international air service may be operated over or into the territory of a services, contracting State, except with the special permission or other authorization of that State, and in accordance with the terms of such permission or authorization. Article 7. Each contracting State shall have the right to refuse permission to the aircraft of other contracting States to take on in its territory passengers, mail and cargo carried for remuneration or hire and destined for another point within its territory. Each contracting State undertakes not to enter into any arrangements which specifically grant any such privilege on an exclusive basis to any other State or an airline of any other State, and not to obtain any such exclusive privilege from any other State. Article 8. Pilotless No aircraft capable of being flown without a pilot shall be flown without a pilot over aircrsft. the territory of a contracting State without special authorization by that State and in accordance with the terms of such authorization. Each contracting State undertakes to insure that the flight of such aircraft without a pilot in regions open to civil aircraft shall be so controlled as to obviate danger to civil aircraft. PAGENO="0189" AIR LAWS AND TREATIES OF THE WORLD 183 FutsT ScstaDinn-continued. Article 9. (a) Each contracting State may, for reasons of military necessity or public safety, Prohibited restrict or prohibit uniformly the aircraft of other States from flying over certain areas areas. of its territory, provided that no distinction in this respect is made between the aircraft of the State whose territory is involved, engaged in international scheduled airline services, and the aircraft of the other contracting States likewise engaged. Such prohibited areas shall be of reasonable extent and location so as not to interfere unnecessarily with air navigation. Descriptions of such prohibited areas in the territory of a contracting State, as well as any subsequent alterations therein, shall be communicated as soon as possible to the other contracting States and to the International Civil Aviation Organization. (b) Each contracting State reserves also the right, in exceptional circumstances or during a period of emergency, or in the interest of public safety, and with immediate effect, temporarily to restrict or prohibit flying over the whole or any part of its territory, on condition that such restriction or prohibition shall be applicable without distinction of nationality to aircraft of all other States. (c) Each contracting State, under such regulations as it may prescribe, may require any aircraft entering the areas contemplated in subparagraphs (a) or (b) above to effect a landing as soon as practicable thereafter at some designated airport within its territory. Article 10. Except in a case where, under the terms of this Convention or a special authorization, ~nding at aircraft are permitted to cross the territory of a contracting State without landing, every customs airport. aircraft which enters the territory of a contracting State shall, if the regulations of that State so require, land at an airport designated by that State for the purpose of customs and other examination. On departure from the territory of a contracting State, such aircraft shall depart from a similarly designated customs airport. Particulars of all designated customs airports shall be published by the State and transmitted to the International Civil Aviation Organization established under Part II of this Convention for communication to all other contracting States. Article 11. Subject to the provisions of this Convention, the laws and regulations of a contracting Applicability of State relating to the admission to or departure from its territory of aircraft engaged in air regulations. international air navigation, or to the operation and navigation of such aircraft while within its territory, shall be applied to the aircraft of all contracting States without distinction as to nationality, and shall be complied with by such aircraft upon entering or departing from or while within the territory of that State. Article 12. Each contracting State undertakes to adopt measures to insure that every aircraft Rules of the air. flying over or manoeuvring within its territory and that every aircraft carrying its nationality mark, wherever such aircraft may be, shall comply with the rules and regulations relating to the flight and manoeuvre of aircraft there in force. Each contracting State under- takes to keep its own regulations in these respects uniform, to the greatest possible extent, with those established from time to time under this Convention. Over the high seas, the rules in force shall be those established under this Convention. Each con- tracting State undertakes to insure the prosecution of all persons violating the regulations applicable. Article 13. The laws and regulations of a contracting State as to the admission to or departure ~ from its territory of passengers, crew or cargo of aircraft, such as regulations relating clearance to entry, clearance, immigration, passports, customs, and quarantine shall be complied regulations. with by or on behalf of such passengers, crew or cargo upon entrance into or departure from, or while within the territory of that State. PAGENO="0190" 184 AIR LAWS AND TREATIES OF THE WORLD PiRat Scnsr,uLE-eonthwed. ArtIcle 14. Prevention of Each contracting State agrees to take effective measures to prevent the spread by M~ieadOf means of air navigation of cholera, typhus (epidemic), smallpox, yellow fever, plague and such other communicable diseases as the contracting States shall from time to time decide to designate, and to that end contracting States will keep in close consultation with the agencies concerned with international regulations relating to sanitary measures applicable to aircraft. Such consultation shall be without prejudice to the application of any existing international convention on thit subject to which the contracting States may be parties. Article 15. Airport and Every airport in a contracting State which is open to public use by its national aircraft sliiiilar charges, shall likewise, subject to the provisions of Article 68, be open under uniform conditions to the aircraft of all the other contracting States. The like uniform conditions shall apply to the use, by aircraft of every contracting State, of all air navigation facilities, including radio and meteorological services, which may be provided for public use for the safety and expedition of air navigation. ~ny charges that may be imposed or permitted to be imposed by a contracting State for the use of such airports and air navigation facilities by the aircraft of any other con~ tracting State shall not be higher, (a) As to aircraft not engaged in scheduled international air services, than those that would be paid by its national aircraft of the same class engaged in similar operations, and (b) As to aircraft engaged in scheduled internatiotsal air services, than those that would be paid by its national aircraft engaged in similar international air services. All such charges shall be published and communicated to the International Civil Aviation Organization: provided that, upon representation by an interested contracting State, the charges imposed for the use of airports and other facilities shall be subject to review by the Council, which shall report and make recommendations thereon for the consideration of the State or States concerned. No fees, dues or other charges shall be imposed by any cOntracting State in respect solely of the right of transit over or entry into or exit from its territory of any aircraft of a contracting State or persons or property thereon. Article 16. The appropriate authorities of each of the contracting States shall have the right, aircraft, without unreasonable delay, to search aircraft of the other contracting States on landing or departure, and to inspect the certificates and other documents prescribed by this Convention. CHAPTER 111.-NATIoNALITY OF AIRCRAFT. Article 17. Nationality of Aircraft have the nationality of the State in which they are registered. Article 18. Dual An aircraft cannot be validly registered in more than one State, but its registration registration. may be changed from one State to another. Article 19. National laws The registration or transfer of registration of aircraft in any contracting State shall be governing made in accordance with its laws and regulations. registration. Article 20. Display of Every aircraft engaged in international air navigation shall bear its appropriate marks. nationality and registration marks. PAGENO="0191" AIR LAWS AND TREATIES OF THE WORLD 185 Frur SCusDUL!.-continued. Article 21. Each contracting State undertakes to supply to any other contracting State or to the Report of International Civil Aviation Organization, on demand, information concerning the registrations. registration and ownership of any particular aircraft registered in that State. In addition, each contracting State shall furnish reports to the International Civil Aviation Organiza- tion, under such regulations as the latter may prescribe, giving such pertinent data as can be made available concerning the ownership and control of aircraft registered in that State and habitually engaged in international air navigation. The data thus obtained by the International Civil Aviation Organization shall be made available by it on request to the other contracting States. Csta~ma IV.-MI!AsuRzs To FACILITATE Am NAVIGATION. Article 22. Each contracting State agrees to adopt all practicable measures, through the issuance Facilitation of of special regulations or otherwise, to facilitate and expedite navigation by aircraft formalities. between the territories of contracting States, and to prevent unnecessary delays toaircraft, crews, passengers and cargo, especially in the administration of the laws relating to Immigration, quarantine, customs and clearance. Article 23. Each contracting State undertakes, so far as it may find practicable, to establish Customs and customs and immigration procedures affecting international air navigation in accordance Immigration with the practices which may be established or recommended from time to time, pursuant j~r Urns. to this Convention. Nothing In this Convention shall be construed as preventing the establishment of customs-free airports. Article 24. (a) Aircraft on a flight to, from, or across the territory of another contracting State Customs daty. shall be admitted temporarily free of duty, subject to the customs regulations of the State. Fuel, lubricating oils, spare parts, regular equipment and aircraft stores on board an aircraft of a contracting State, on arrival in the territory of another contracting State and retained on board on leaving the territory of that State shall be exempt from customs duty, inspection fees or similar national or local duties and charges. This exemption shall not apply to any quantities or articles unloaded, except in accordance with the customs regulations of the State, which may require that they shall be kept under customs supervision. (b) Spare parts and equipment imported into the territory of a contracting State for incorporation in or use on an aircraft of another contracting State engaged in international air navigation shall be admitted free of customs duty, subject to compliance with the regulations of the State concerned, which may provide that the articles shall be kept under customs supervision and control. ArtIcle 25. Each contracting State undertakes to provide such measures of assistance to aircraft Aircraft La in distress in its territory as it may find practicable, and to permit, subject to control by distress. its own authorities, the owners of the aircraft or authorities of the State in which the aircraft isregistered to provide such measures of assistance as may be necessitated by the circumstances. Each contracting State, when undertaking search for missing aircraft, will collaborate in coordinated measures which may be recommended from time to time pursuant to this Convention. Article 26. In the event of an accident to an aircraft of a contracting State occurring in the territory InvestigatIon o of another contracting State, and involving death or serious injury, or indicating serious accidents. technical defect in the aircraft or air navigation facilities, the State in which the aeddent PAGENO="0192" 186 AIR LAWS AND TREATIES OF THE WORLD Frnsr ScIssDuLE-contlnued. occurs will institute an inquiry into the circumstances of the accident, in accordance, so far as its laws permit, with the procedure which may be recommended by the International Civil Aviation Organization. The State in which the aircraft is registered shall be given the opportunity to appoint observers to be present at the inquiry and the State holding the inquiry shall communicate the report and findings in the matter to that State Article 27. Exemption from (a) While engaged in international air navigation, any authorized entry of aircraft seIZUre Oil, of a contracting State into the territory of another contracting State or authorized transit patent claims, across the territory of such State with or without landings shall not entail any seizure or detention of the aircraft or any claim against the owner or operator thereof or any other interference therewith by or on behalf of such State or any person therein, on the ground that the construction, mechanism, parts, accessories or operation of the aircraft is an infringement of any patent, design, or model duly granted or registered in the State whose territory is entered by the aircraft, it being agreed that no deposit of security in connection with the foregoing exemption from seizure or detention of the aircraft shall in any case be required in the State entered by such aircraft. (b) The provisions of paragraph (a) of this Article shall also be applicable to the storage of spare parts and spare equipment for the aircraft and the right to use and install the same in the repair of an aircraft of a contracting State in the territory of any other con- tracting State, provided that any patented part or equipment so stored shall not be sold or distributed internally in or exported commercially from the contracting State entered by the aircraft. (c) The benefits of this Article shall apply only to such States, parties to this Con- vention, as either (1) are parties to the International Convention for the Protection of Industrial Property and to any amendments thereof; or (2) have enacted patent laws which recognize and give adequate protection to inventions made by the nationals of the other States parties to this Convention. Article 28. Air navigation Each contracting State undertakes, so far as it may find practicable to: f~lijiesdand (a) Provide, in its territory, airports, radio services, meteorological services and systems. other air navigation facilities to facilitate international air navigation, in accordance with the standards and practices recommended or established from time to time, pursuant to this Convention; (b) Adopt and put into operation the appropriate standard systems of communi- cations procedure, codes, markings, signals, lighting and other operational practices and rules which may be recommended or established from time to time, pursuant to this Convention; (c) Collaborate in international measures to secure the publication of aeronautical maps and charts in accordance with standards which may be recommended or established from time to time, pursuant to this Convention. CHAPTER V.-CONDITIONS TO BE FULFILLED WITH RESPECT TO AIRCRAFT. Article 29. Documents Every aircraft of a contracting State, engaged in international navigation, shall c~rried iii carry the following documents in conformity with the conditions prescribed in this aircraft. Convention: (a) Its certificate of registration; (b) Its certificate of airworthiness; (c) The appropriate licenses for each member of the crew; (d) Its journey log book; (e) If it is equipped with radio apparatus, the aircraft radio station license; (f) If it carries passengers, .a list of their names and places of embarkation and destination; (g) If it carries cargo, a manifest and detailed declarations of the cargo. PAGENO="0193" AIR LAWS AND TREATIES OF THE WORLD 187 FIRST SCIIEDuLE-continued. Article 30. (a) Aircraft of each contracting State may, in or over the territory of other contracting Aircraft radio States, carry radio transmitting apparatus only if a license to install and operate such ~~Iuipm~t. apparatus has been issued by the appropriate authorities of the State in which the aircraft is registered. The use of radio transmitting apparatus in the territory of the contracting State whose territory is flown over shall be in accordance with the regulations prescribed by that State. (b) Radio transmitting apparatus may be used only by members of the flight crew who are provided with a special license for the purpose, issued by the appropriate authorities of the State in which the aircraft is registered. Article 31. Every aircraft engaged in international navigation shall be provided with a certificate Certificates of of airworthiness issued or rendered valid by the State in which it is registered. airworthiness. Article 32. (a) The pilot of every aircraft and the other members of the operating crew of every Licenses of aircraft engaged in international navigation shall be provided with certificates of corn- persoanel. petency and licenses issued or rendered valid by the State in which the aircraft is registered. (b) Each contracting State reserves the right to refuse to recognize, for the purpose of flight above its own territory, certificates of competency and licenses granted to any of its nationals by another contracting State. Article 33. Certificates of airworthiness and certificates of competency and licenses issuedZor Recognitionlof rendered valid by the contracting State in which the aircraft is registered, shall5be certificates and recognized as valid by the other contracting States, provided that the requirements licenses. under which such certificates or licenses were issued or rendered valid are equal to or above the minimum standards which may be established from time to time pursuant to this Convention. Article 34. There shall be maintained in respect of every aircraft engaged in international navi- ~ log gation a journey log book in which shall be entered particulars of the aircraft, its crew books. and of each journey, in such form as may be prescribed from time to time pursuant to this Convention. Article 35. (a) No munitions of war or implements of war may be carried in or above the Ca~ territory of a State in aircraft engaged in international navigation, except by permission restrictions. of such State. Each State shall determine by regulations what constitutes munitions of war or implements of war for the purposes of this Article, giving due consideration, for the purposes of uniformity, to such recommendations as the International Civil Aviation Organization may from time to time make. (b) Each contracting State reserves the right, for reasons of public order and safety, to regulate or prohibit the carriage in or above its territory of articles other than those enumerated in paragraph (a): provided that no distinction is made in this respect between its national aircraft engaged in international navigation and the aircraft of the other States so engaged; and provided further that no restriction shall be imposed which may interfere with the carriage and use on aircraft of apparatus necessary for the operation or navigation of the aircraft or the Safety of the personnel or passengers. Article 36. Each contracting State may prohibit or regulate the use of photographic apparatus pi~g~ap~ in aircraft over its territory. apparatus. 67717 O-61-----a3 PAGENO="0194" 188 AIR LAWS AND TREATIES OF THE WORLD Fiasr Snnznusa-conthased. CHAPTER VJ.-INTERNATIONAL STA~JDA~DS AND RECOMMENDED PRACTICES. Article 37. Adoption of Each contracting State undertakes to collaborate in securing the highest practicable IfltCl~at~oflaId degree of uniformity in regulations, standards, procedures, and organization in relation procedurea to aircraft, personnel, airways and auxiliary services in all matters in whichsuch uniformity will facilitate and improve air navigation. To this end the International Civil Aviation Organization shall adopt and amend from time to time, as may be necessary, international standards and recommended practices and procedures dealing with: (a) Communications systems and air navigation aids, including ground marking; (b) Characteristics of airports and landing areas; (c) Rules of the air and air traffic control practices; (d) Licensing of operating and mechanical personnel; (e) Airworthiness of aircraft; (f) Registration and identification of aircraft; (g) Collection and exchange of meteorological information; (Ii) Log books; (I) Aeronautical maps and charts; (j) Customs and immigration procedures; (k) Aircraft in distress and investigation of accident; and such other matters concerned with the safety, regularity, and efficiency of air navigation as may from time to time appear appropriate. Article 38. Departures Any State which finds it impracticable to comply in all respects with any such inter- national standard or procedure, or to bring its own regulations or practices into full star lards and accord with any international standard or procedure after amendment of the latter, or procedures. which deems it necessary to adopt regulations or practices differing in any particular respect from those established by an international standard, shall give immediate notifica- tion to the International Civil Aviation Organization of the differences between its own practice and that established by the international standard. In the case of amendments to international standards, any State which does not make the appropriate amendments. to its own regulations or practices shall give notice to the Council within sixty days of the adoption of the amendment to the international standard, or indicate the action which it proposes to take. In any such case, the Council shall make immediate notification to all other states of the difference which exists between one or `more features of an international standard and the corresponding national practice of that State. Article 39. Endorsement of (a) Any aircraft or part thereof with respect to which there exists an international certificates and standard of airworthiness or performance, and which failed in any respect to satisfy that standard at the time of its certification, shall have endorsed on or attached to its airworthiness certificate a complete enumeration of the details in respect of which it so failed. (b) Any person holding a license who does not satisfy in full the conditions laid down in the international standard relating to the class of license or certificate which he holds shall have endorsed on or attached to his license a complete enumeration of the particulars in which he does not satisfy such conditions. ArtIcle 40. Validity of No aircraft or personnel having certificates or licenses so endorsed shall participate in international navigation, except with the permission of the State or States whose and ii~J,,, territory is entered, The registration or use of any such aircraft, or of any certificated aircraft part, in any State other than that in which it was originally certificated shall be at the discretion of the State into which the aircraft or part is imported. ArtIcle 41. Recognition c,f The provisions of this Chapter shall not apply to aircraft and aircraft equipment ealating of types of which the prototype is submitted to the appropriate national authorities for certification prior to a date three years after the date of adoption of an international standard of airworthiness for such equipment. PAGENO="0195" AIR LAWS AND TREATIES OF THE WORLD 189 Fntsr ScnanuLE-continued. Article 42. The provisions of this Chapter shall not apply to personnel whose licenses are originally Ram~sitin1~ of issued prior to a date one year after initial adoption of an international standard of existing qualification for such personnel; but they shall in any case apply to all personnel whose licenses remain valid five years after the date of adoption of such standard. personnel. PART 11.-THE INTERNATIONAL CIVIL AVIATION ORGANIZATION. Ca&i'nta VII.-THE ORGANIZATION. Article 43. An organizatioa to be named the International Civil Aviation Organization is formed Nanse and by the Convention. It is made up of an Assembly, a Council, and such other bodies as composition. may be necessary. Article 44. The aims and objectives of the Organization are to develop the principles and Objectiws. techniques of international air navigation and to foster the planning and development of international air transport so as to: (a) Insure the safe and orderly growth of international civil aviation throughout the world; (b) Encourage the arts of aircraft design and operation for peaceful purposes; (c) Encourage the development of airways, airports, and air navigation facilities for international civil aviation; (d) Meet the needs of the peoples of the world for safe, regular, efficient and economical air transport; (e) Prevent economic waste caused by unreasonable competition; (J) Insure that the rights of contracting States are fully respected and that every contracting State has a fair opportunity to operate international airlines; (g) Avoid discrimination between contracting States; (Is) Promote safety of flight in international air navigation; (i) Promote generally the development of all aspects of international civil aeronautics. Article 45. The permanent seat of the Organization shall be at such place as shall be determined P~ancot seat. at the final meeting of the Interim Assembly of the Provisional International Civil Aviation Organization set up by the Interim Agreement on international Civil Aviation signed at Chicago on December 7, 1944. The seat may be temporarily transferred elsewhere by decision of the Council. Article 46. The first meeting of the Assembly shall be summoned by the Interim Council of the First meeting of above.mentioned Provisional Organization as soon as the Convention has come into Assembly. force, to meet at a time and place to be decided by the Interim Council. Article 47. The Organization shall enjoy in the territory of each contracting State such legal iegal capacity. capacity as may be necessary for th~ performance of its functions. Full juridical * personality shall be granted wherever co~~'tibIe with the constitution and laws of the State concerned. Cw~~rsa VIIL-THE ASSEMBLY. Article 48. (a) The Assembly shall meet annually and shall be convened by the Council at a suitable Meetlusga of time and place. Extraordinary meetings of the Assembly may be held at any time upon Assembly and the call of the Council or at the request of any ten contracting States addressed to the Voting. Secretary General. (b) All contracting States shall have an equal right to be represented at the meetings of the Assembly and each contracting State shall be entitled to one vote. Delegates representing contracting States may be assisted by technical advisers who may participate in the meetings but shall have no vote. (c) A majority of the contracting States is required to constitute a quorum for the meetings of the Assembly. Unless otherwise provided in this Convention, decisions of the Assembly shall be taken by a majority of the votes cast. - PAGENO="0196" 190 AIR LAWS AND TREATIES OF THE WORLD FIRST SCHEDULE-continued. Article 49. Powers and The powers and duties of the Assembly shall be to: (a) Elect at each meeting its President and other officers; (b) Elect the contracting States to be represented on the Council, in accordance~ with the provisions of Chapter IX; (c) Examine and take appropriate action on the reports of the Council and decide on any matter referred to it by the Council; (d) Determine its own rules of procedure and establish such subsidiary commissions. as it may consider to be necessary or desirable; (e) Vote an annual budget and determine the financial arrangements of the Organization, in accordance with the provisions of Chapter XII; (J) Review expenditures and approve the accounts of the Organization; (g) Refer, at its discretion, to the Council, to subsidiary commissions, or to any other body any matter within its sphere of action; (h) Delegate to the Council the powers and authority necessary or desirable for the discharge of the duties of the Organization and revoke or modify the delegations of authority at any time; (i) Carry out the appropriate provisions of Chapter XIII; (/) Consider proposals for the modification or amendment of the provisions of this. Convention and, if it approves of the proposals, recommend them to the contracting States in accordance with the provisions of Chapter XXI; (k) Deal with any matter within the sphere of action of the Organization not specifically assigned to the Council. CHAPTER IX.-THE COUNCIL. Article 50. Composition (a) The Council shall be a permanent body responsible to the Assembly. It shall and eI~ction of be composed of twenty-one contracting States elected by the Assembly. An election Council. shall be held at the first meeting of the Assembly and thereafter every three years, and the members of the Council so elected shall hold office until the next following election. (b) In electing the members of the Council, the Assembly shall give adequate representation to (1) the States of chief importance in air transport; (2) the States not otherwise included which make the largest contribution to the provision of facilities for international civil air navigation; and (3) the States not otherwise included whose designation will insure that all the major geographic areas of the world are represented on the Council. Any vacancy on the Council shall be filled by the Assembly as soon as possible; any contracting State so elected to the Council shall hold office for the unex- pired portion of its predecessor's term of office. (c') No representative of a contracting State on the Council shall be actively associated with the operation of an international air service or financially interested in such a service. Article 51. President of The Council shall elect its President for a term of three years. He may be reelected. COunCil. He shall have no vote. The Council shall elect from among its members one or more Vice Presidents who shall retain their right to vote when serving as acting President. The President need not be selected from among the representatives of the members of the Council but, if a representative is elected, his seat shall be deemed vacant and it shall be filled by the State whi~.h he represented. The duties of the President shall be to: (a) Convene meetings of the Council, the Air Transport Committee, and the Air Navigation Commission; (b) Serve as representative of the Council; and (c) Carry out on behalf of the Council the functions which the Council assigns to him. Article 52. Voting in Decisions by the Council shall require approval by a majority of its members. The Council. Council may delegate authority with respect to any particular matter to a committee of its members. Decisions of any committee of the Council may be appealed to the Council by any interested contracting State. PAGENO="0197" AIR LAWS AND TREATIES OF THE WORLD 191 FntsT SCHEDULE-COfltIflUCd. Article 53. Any contracting State may participate, without a vote, in the consideration by the participation Council and by its committees and commissions of any question which especially affects without a vote. its interests. No member of the Council shall vote in the consideration by the Council of a dispute to which it is a party. Article 54. The Council shall: Mandatory (a) Submit annual reports to the Assembly; functio~ns of (b) Carry out the directions of the Assembly and discharge the duties and obligations Council. which are laid on it by this Convention; (c) Determine its organization and rules of procedure; (d) Appoint and define the duties of an Air Transport Committee, which shall be chosen from among the representatives of the members of the Council, and which shall be responsible to it; (e) Establish an Air Navigation Commission, in accordance with the provisions of Chapter X; (If) Administer the finances of the Organization in accordance with the provisions of Chapters XII ai~d XV; (g) Determine the emoluments of the President of the Council; (Is) Appoint a chief executive officer who shall be called the Secretary General, and make provision for the appointment of such other personnel as may be necessary, in accordance with the provisions of Chapter XI; (i) Request, collect, examine and publish information relating to the advancement of air navigation and the operation of international air services, including in. formation about the costs of operation and particulars of subsidies paid to airlines from public funds; (j) Report to contracting States any infraction of this Convention, as well as any failure to carry out recommendations or determinations of the Council; (k) Report to the Assembly any infraction of this Convention where a contracting State has failed to take appropriate action within a reasonable time after notice of the infraction; (1) Adopt, in accordance with the provisions of Chapter VI of this Convention, international standards and recommended practices; for convenience, designate them as Annexes to this Convention; and notify all contracting States of the action taken; (m) Consider recommendations of the Air Navigation Commission for amendment of the Annexes and take action in accordance with the provisions of Chapter XX; (n) Consider any matterrelating to the Convention which anycontracting Staterefers to it. Article 55. The Council may: Permissive (a) Where appropriate and as experience may show to be desirable, create subordinate functions of air transport commissions on a regional or other basis and define groups of Council. states or airlines with or through which it may deal to facilitate the carrying out of the aims of this Convention; (b) Delegate to the Air Navigation Commission duties additional to those set forth in the Convention and revoke or modify such delegations of authority at any time; (cl Conduct research into all aspects of air transport and air navigation which are of international importance, communicate the results of its research to the contracting States, and facilitate the exchange of information between contract- ing States on air transport and air navigation matters; (d) Study any matters affecting the organization and operation of international air transport, including the international ownership and operation of international air services on trunk routes, and submit to the Assembly plans in relation thereto; (e) Investigate, at the request of any contracting State, any situation which may appear to present avoidable obstacles to the development of international air navigation; and, after such investigation, issue such reports as may appear to it desirable. PAGENO="0198" 192 AIR LAWS AND TREATIES OF THE WORLD * Fntsr ScHFDULS-continued. CHAPTER X.-THE Asa NAVIGATION CoMMIssIoN. Article 56. Nomination end The Air Navigation Commission shall be composed of twelve members appointed appointment of by the Council from among persons nominated by contracting States. These persons Commission, shall have suitable qualifications and experience in the science and practice of aeronautics. The Council shall request all contracting States to submit nominations. The President of the Air Navigation Commission shall be appointed by the Council. Article 57. Dutlespf The Air Navigation Commission shall: Commission, (a) Consider, and recommend to the Council for adoption, modifications of the Annexes to this Convention; (b) Establish technical subcommissions on which any contracting State may be represented, if it so desires; (c) Advise the Council concerning the collection and communication to the contract- ing States of all information which it considers necessary and useful for the advancement of air navigation. CHAPTER XL-Pzasoe*m~. Article 58. Appointment of Subject to any rules laid down by the Assembly and to the provisions of this personnel. Convention, the Council shall determine the method of appointment and of termination of appointment, the training, and the salaries, allowances, and conditions of service of the Secretary General and other personnel of the Organization, and may employ or make use of the services of nationals of any contracting State. Article 59. International The President of the Council, the Secretary General, and other personnel shall not character of seek or receive instructions in regard to the discharge of their responsibilities from any personnel, authority external to the Organization. Each contracting State undertakes fully to respect the international character of the responsibilities of the personnel and not to seek to influence any of its nationals in the discharge of their responsibilities. Article 60. Immunities and Each contracting State undertakes, so far as possible under its constitutional procedure, privileges of to accord to the President of the Council, the Secretary General, and the other personnel personnel, of the Organization, the immunities and privileges which are accorded to corresponding personnel of other public international organizations. If a general international agree- ment on the immunities and privileges of international civil servants is arrived at, the immunities and privileges accorded to the President, the Secretary General, and the other personnel of the Organization shall be the immunities and privileges accorded under that general international agreement. * CHAPTER XII.-Fnw~cs, ArtIcle 61. Budget and The Council shall submit to the Assembly an annual budget, annual statements of apportionment accounts and estimates of all receipts and expenditures. The Assembly shall vote the of expenses. budget with whatever modification it sees fit to prescribe, and, with the exception of assessments under Chapter XV to States consenting thereto, shall apportion the expenses of the Organization among the contracting States on the basis which it shall from time to time determine. Article 62. s i ~ The Assembly may suspend the voting power in the Assembly and in the Council of any contracting State that fails to discharge within a reasonable period its financial obligations to the Organization. PAGENO="0199" AIR LAWS AND TREATIES OF THE WORLD 193 FIRsT ScstanuLs-continued. Article 63. Each contracting State shall bear the expenses of its own delegation to the Assembly Expenses of and the remuneration, travel, and other expenses of any person whom it appoints to ~5~1e5~ti0ns and serve on the Council, and of its nominees or representatives on any subsidiary committees or commissions of the Organization. CHAPTER XIII.-OTHER INTERNATIONAL ARRANGEMENTS. Article 64. The Organization may, with respect to air matters within its competence directly Security affecting world security, by vote of the Assembly enter into appropriate arrangements asngenientl. with any general organization set up by the nations of the world to preserve peace. 4rticle 65. The Council, on behalf of the Organization, may enter into agreements with other Arrangements international bodies for the maintenance of common services and for common arrange- with other ments concerning personnel and, with the approval of the Assembly, may enter into such other arrangements as may facilitate the work of the Organization. Article 66. (a) The Organization shall also carry out the functions placed upon it by the Inter- Functions national Air Services Transit Agreement and by the International Air Transport relating to oth~ Agreement drawn up at Chicago on December 7, 1944, in accordance with theterms and agreements. conditions therein set forth. (b) Members of the Assembly and the Council who have not accepted the Inter- national Air Services Transit Agreement or the International Air Transport Agreement drawn up at Chicago on December 7, 1944 shall not have the right to vote on any questions referred to the Assembly or Council under the provisions of the relevant Agreement. PART 111._INTERNATiONAL AIR TRANSPORT. Cst&i'zaz XIV.~-INPORMATION AND REPORTS. Article 67. Each contracting State undertakes that its international airlines shall, in accordance File reports with requirements laid down by the Council, file with the Council traffic reports, cost with Council. statistics and financial statements showing among other things all receipts and the sources thereof. Csea~mst XV.-Anu'oRTS AND OThER AIR NAvIGATION FAcILITIES. Article 68. Each contracting State may, subject to the provisions of this Convention, designate reslgnatlon of the route to be followed within its territory by any international air service and the airports r9utes and which any such service may use. Article 69. If the Council is of the opinion that the airports or other air navigation facilities, Improvement of including radio and meteorological services, of a contracting State are not reasonably ~~yigatbon adequate for the safe, regular, efficient, and economical operation of international air tICS~ services, present or contemplated, the Council shall consult with the State directly concerned, and other States affected, with a view to finding means by which the situation may be remedied, and may make recommendations for that purpose. No contracting State shall be guilty of an infraction of this Convention if it fails to carry out these recommendations. Article 70. A contracting State, in the circumstances arising under the provisions of Article 69, FinancIng of may conclude an arrangement with the Council for giving effect to such recommendations. aIr navigation The State may elect to bear all of the costsinvolved in any such arrangement. If the State does not so, elect, the Council may agree, at the request of the State, to provide for all or a portion of the eosts. PAGENO="0200" 194 AIR LAWS AND TREATIES OF THE WORLD FIRsT SCIIEDULE-Contjnued, Article 71. Provision en~i If a contracting State so requests, the Council may agree to provide, man, maintain, maintenance of and administer any or all of the airports and other air navigation facilities, including ~ilit~ by radio and meteorological services, required in its territory for the safe, regular, efficient and economical operation of the international air services of the other contracting States,; and may specify just and reasonable charges for the use of the facilities provided. Article 72. Acquisition or Where land is needed for facilities financed in whole or in part by the Council at the use of land, request of a contracting State, that State shall either provide the land itself, retaining title if it wishes, or facilitate the use of the land by the Council on just and reasonable terms and in accordance with the laws of the State concerned. Article 73. Expenditure Within the limit of the funds which may be made available to it by the Assembly aassment under Chapter XII, the Council may make current expenditures for the purposes of this Chapter from the general funds of the Organization. The Council shall assess the capital funds required for the purposes of this Chapter in previously agreed proportions~ over a reasonable period of time to the contracting States consenting thereto whose airlines use the facilities. The Council may also assess to States that consent any working funds that are required. Article 74. Technical When the Council, at the request of a contracting State, advances funds or provides as~stai~cean~d airports or other facilities in whole or in part, the arrangement may provide, with the revenues, consent of that State, for technical assistance in the supervision and operation of the airports and other facilities, and for the payment, from the revenues derived from the operation of the airports and other facilities, of the operating expenses of the airports and the other facilities, and of interest and amortization charges. Article 75. Taking over of A contracting State may at any time discharge any obligation into which it has facihti!s from entered under Article 70, and take over airports and other facilities which the Council Council. has provided in its territory pursuant to the provisions of Articles 71 and 72, by paying to the Council an amount which in the opinion of the Council is reasonable in the cir- cumstances. If the State considers that the amount fixed by the Council is unreasonable it may appeal to the Assembly against the decision of the Council and the Assembly may confirm or amend the decision of the Council. Article 76. Return of funds. Funds obtained by the Council through reimbursement under Article 75 and from receipts of interest and amortization payments under Article 74 shall, in the case of advances originally financed by States under Article 73, be returned to the States which were originally assessed in the proportion of their assessments, as determined by the Council. CHAPTER XVI.-Jor~r OPERATING OR~ANTZATIONS AND POOLED SERVICES. Article 77. Joint operating Nothing in this Convention shall prevent two or more contracting States from con- orgas iza ions stituting joint air transport operating organizations or international operating agencies permitte and from pooling their air services on any routes or in any regions, but such organizations or agencies and such pooled services shall be subject to all the provisions of this Con- vention, including those relating to the registration of agreements with the Council. The Council shall determine in what manner the provisions of this Convention relating to nationality of aircraft shall apply to aircraft operated by international operating agencies. Article 78. Function of The Council may suggest to contracting States concerned that they form joint Council. organizations to operate air services on any routes or in any regions. PAGENO="0201" AIR LAWS AND TREATIES OF THE WORLD 195 Fissr ScHEDuLE-continued. Article 79. A State may participate in joint operating organizations or in pooling arrangements, Participation in cither through its government or through an airline company or companies designated opera~in~~ by its government. The companies may, at the sole discretion of the State concerned, onizations. be state-owned or partly state-owned or privately owned. PART IV.-FINAL PROVISIONS. CHAPTER XVII.-OmER AERONAUTICAL AGREEMENTS AND ARRANGEMENTS. Article 80. Each contracting State undertakes, immediately upon the coming into force of this Paris and Convention, to give notice of denunciation of the Convention relating to the Regulation ~tions. of Aerial Navigation signed at Paris on October 13, 1919 or the Convention on Com- mercial Aviation signed at Habana on February 20, 1928, if it is a party to either. As between contracting States, this Convention supersedes the Conventions of Paris and Habana previously referred to. Article 81. All aeronautical agreements which are in existence on the coming into force of this Registration of Convention, and which are between a contracting State and any other State or between existing an airline of a contracting State and any other Stateor the air~i~e of. any other State, agreements. shall be forthwith registered with the Council. Article 82. The contracting States accept this Convention as abrogating all oblivations and Abrogation of understandings between them which are inconsistent with its terms, and undertake not inconsistent to enter into any such obligations and understandings. A contracting State which, arrangements. before becoming a member of the Organization has undertaken any obligations toward a non-contracting State or a national of a contracting State or of a non-contracting State inconsistent with the terms of this Convention, shall take immediate steps to procure its release from the obligations. If an airline of any contracting State has entered into any such inconsistent obligations, the State of which it is a national shall use its best efforts to secure their termination forthwith and shall in any event cause them to be terminated as soon as such action can lawfully be taken after the coming into force of this Convention. Article 83. Subject to the provisions of the preceding Article, any contracting State may make Registration arrangements not inconsistent with the provisions of this Convention. Any such arrange- of new ment shall be forthwith registered with the Council, which shall make it public as soon arratments. as possible. Csa~rrnt XVIII.-DIsPuTES .&rem DEFAULT. Article 84. If any disagreement between two or more contracting States relating to the inter- settlement of pretation or application of this Convention and its Annexes cannot be settled by negotia- disputes. tion, it shall, on the application of any State concerned in the disagreement, be decided by the Council. No member of the Council shall vote in the consideration by the Council of any dispute to which it is a party. Any contracting State may, subject to Article 85, appeal from the decision of the Council to an ad hoc arbitral tribunal agreed upon with the other parties to the dispute or to the Permanent Court of International Justice. Any such appeal shall be notified to the Council within sixty days of receipt of notification of the decision of the Council. Article 85. If any contracting State party to a dispute in which the decision of the Council is Arbitration under appeal has not accepted the Statute of the Permanent Court of International proceduF~. Justice and the contracting States parties to the dispute cannot agree on the choice of the arbitral tribunal, each of the contracting States parties to the dispute shall name a single arbitrator who shall name an umpire. If either contracting State party to the dispute fails to name an arbitrator within a period of three months from the date of the appeal, an arbitrator shall be named on behalf of that State by the President of the Council from a list of qualified and available persons maintained by the Council. If, PAGENO="0202" 196 AIR LAWS AND TREATIES OF THE WORLD FIRST SCItEDULg.-contjnued. within thirty days, the arbitrators cannot agree on an umpire, the President of the Council shall designate an umpire from the list previously referred to. The arbitrators and the umpire shall then jointly constitute an arbitral tribunaL Any arbitral tribunal established under this or the preceding Article shall settle its own procedure and give its decisiona by majority vote, provided that the Council may determine procedural questions in the event of any delay which in the opinion of the Council is excessive. Article 86. Appeals. Unless the Council decides otherwise, any decision by. the Council on whether an international airline is operating in conformity with the provisions of this Convention shall remain in effect unless reversed on appeal; On any other matter, decisions of the Council shall, if appealed from, be suspended until the appeal is decided. The decisions of the Permanent Court of International Justice and of an arbitral tribunal shall be final mid binding. Article 87. Penalty for Each contracting State undertakes not to allow the operation of an airline of a con- ~)?~liColi~feor1nltY trading State through the airspace above its territory if the Council has decided that the airline concerned is not conforming to a final decision rendered in accordance with the previous Article. Article 88. Penalty for The Assembly shall suspend the voting power in the Assembly and in the Council ~oi~conformity of any contracting State that is found in default under the provisions of this Chapter. CHAPTER XIX.-WAR. Article 89. War and In case of war, the provisions of this Convention shall not affect the freedom o action of any of the contracting States affected, whether as belligerents or as neutrals. The same principle shall apply in the case of any contracting State which declares a state of national emergency and notifies the fact to the Council. CHAP1an XX.-A~Exas. Article 90. Adoption ~ (a) The adoption by the Council of the Annexes described in Article 54, sub- amendment of paragraph (I), shall require the vote of two-thirds of the Council at a meeting called for Annexes. that purpose and shall then be submitted by the Council to each contracting State. Any such Annex or any amendment of an Annex shall become effective within three months after its submission to the contracting States or at the end of such longer period of time as the Council may prescribe, unless in the meantime a majority of the contracting States register their disapproval with the Council. (b) The Council shall immediately notify all contracting States of the coming into force of any Annex or amendment thereto. CHAPTER XX1.-~RATIpICATloNS, ADHERENCES, AMENDMENTS, AND DENUNCIATIONS. Article 9L Ratification of (a) This Convention shall be subject to ratification by the signatory States. The Convention, instruments of ratification shall be deposited in the archives of the Government of the United States of America, which shall give notice of the date of the deposit to each of the signatory and adhering States. (b) As soon as this Convention has been ratified or adhered to by twenty-six States it shall come into force between them on the thirtieth day after deposit of the twenty-sixth instrument. It shall come into force for each State ratifying thereafter on the thirtieth day after the deposit of its instrument of ratification. (c) It shall be the duty of the Government of the United States of America to notify the government of each of the signatory and adhering States of t~ date on wizich this Convention comes into force. PAGENO="0203" AIR LAWS AND TREATIES OF THE WORLD 197 FsHEr ~CHWuLE-contlnued. Arttcte 92. (a) This Convention shalt be open for adherence by members of the United Nations Adherence to and. States associated with them,, and States which remained neutrat durin& the present COnVentiOn. world conflict. (b) Adherence shall be effected by a notification addressed to the Government of the United States of America and shall take effect as from the thirtieth day from the receipt of the notification by the Government of the United States of America, which shall notify all the contracting States. ArtIcle 93. States other than those provided for in Articles 91 and 92(a) may, subject to approval Admission of by any general international organization set up by the nations of the world to preserve other States. peace, be admitted to participation in this Convention by means of a four-fifths vote of the Assembly and on such conditions as the Assembly may prescribe: provided that in each case the assent of any State invaded or attacked during the present war by the State seeking admissiOn shall be necessary. Article 94. (a) Any proposed amendment to this Convention must be approved by a two-thirds vote of the Assembly and shall then come into force in respect of States which have ratified such amendment when ratified by the number of contracting States specified by the Assembly. The number so specified shall not be less than two-thirds of the total number of contracting States. (b) If in its opinion the amendment is. of such a nature as to justify this course,the Assembly in its resolution recommending adoption may provide that any State which has not ratified within a specified period after the amendment has come into force shall thereupon cease to. be a member of the Organization and a party to the Convention. Article 95. (a) Any contracting State may give notice of denunciation of this Convention three nonc1~n of years after its coming into effect by notification addressed to the Government of the United States of America, which shall at once inform each of the contracting States. (b) Denunciation shall take effect one year from the date of the receipt of the noti- fication and shall operate only as regards the State effecting the denunciation. CHAPTER XXII.-DsasNrrioNs. Article 96. For the purpose of this Convention the expression: (a) "Air service." means any scheduled air service performed by aircraft for the public transport of passengers, mail or cargo. (b) "International air service" means an air service which passes through the air space over the territory of more than one State. (c) "Airline" means any air transport enterprise offering or operating an inter- national air service. (d) "Stop for non-traffic purposes" means a landing for any purpose other than taking on or discharging passengers, cargo or mail. SiGNATURE OF CoNvssrrioN. - IN WITNE55 WHEREOF, the undersigned plenipotentiaries, having been duly authorized, sign this Convention on behalf of their respective governments on the dates appearing opposite their signatures. D0HE at Chicago the seventh day of December 1944, in the English language. A text drawn up in the English, French, and Spanish languages, each of which shall be ofequal -authenticity, shall be open for signature at Washington, D.C. Both texts shall be deposited in the archives of the Government of the United States of America, and certified copies shall be transmitted by that Government to the governments of all the Stateawhich may sign or adhere to this Convention. PAGENO="0204" 198 AIR LAWS AND TREATIES OF THE~ WORLD SECOND SCHEDULE. Section 4. INTERNATIONAL AIR SERVICES TRANSIT AGREEMENT. The States which sign and accept this International Air Services Transit Agreement, being members of the International Civil Aviation Organization, declare as follows: ARTICLE I. Section 1. Each contracting State grants to the other contracting States the following freedoms of the air in respect of scheduled international air services: (I) The privilege to fly across its territory without landing; (2) The privilege to land for non-traffic purposes. The privileges of this section shall not be applicable with respect to airports utilized for military purposes to the exclusion of any scheduled international air services. In areas of active hostilities or of military occupation, and in time of war along the supply routes leading to such areas, the exercise of such privileges shall be subject to the approval of the competent military authorities. Section 2. The exercise of the foregoing privileges shall be in accordance with the provisions of the Interim Agreement oxi International Civil Aviation and, when it comes into force, with the provisions of th~ Convantion on International Civil Aviation, both drawn up at Chicago on December 7, 1944. Section 3. A contracting State granting to the airlines of another contracting State the privilege to stop for non-traffic purposes may require such airlines to offer reasonable commercial service at the points at which such stops are made. Such requirements shall not involve any discrimination between airlines operating on the same route, shall take into account the capacity of the aircraft, and shall be exercised in such a manner as not to prejudice the normal operations of the international air services concerned or the rights and obligations of a contracting State. Section 4. Each contracting State may, subject to the provisions of this Agreement, (1) Designate the route to be followed within its territory by any international air service and the airports which any such service may use; (2) Impose or permit to be imposed on any such service just and reasonable charges for the use of such airports and other facilities; these charges shall not be higher than would be paid for the use of such airports and facilities by its national aircraft engaged in similar international services: provided that, upon re- presentation by an interested contracting State, the charges imposed for the use of airports and other facilities shall be subject to review by the Council of the International Civil Aviation Organization established under the above- mentioned Convention, which shall report and make recommendations thereon for the consideration of the State or States concerned. Section 5. Each contracting State reserves the right to withhold or revoke a certificate or permit to an air transport enterprise of another State in any case where it is not satisfied that substantial ownership and effective control are vested in nationals of a contracting State, or in case of failure of such air transport enterprise to comply with the laws of the State over which it operates, or to perform its obligations under this Agreement. ARTICLE IL Section L A contracting State which deems that action by another contracting State under this Agreement is causing injustice or hardship to it, may request the Council to examine the situation. The Council shall thereupon inquire into the matter, and shall call the States concerned into consultation. Should suph consulta4on failto resolve the difficulty, the PAGENO="0205" AIR LAWS AND TREATIES OF THE WORLD 199 SEcOND SchEDULE-continued. Council may make appropriate findings and recommendations to the contracting States concerned. If thereafter a contracting State concerned shall in the opinion of the Council unreasonably fail to take suitable corrective action, the Council may recommend to the Assembly of the above-mentioned Organization that such contracting State be suspended from its rights and privileges under this Agreement until such action has been taken. The Assembly by a two-thirds vote may so suspend such contracting State for such period of time as it may deem proper or until the Council shall find that corrective action has been taken by such State. Section 2. If any disagreement between two or more contracting States relating to the inter- pretation or application of this Agreement cannot be settled by negotiation, the provisions of Chapter XVIII of the above-mentioned Convention shall be applicable in the same manner as provided therein with reference to any disagreement relating to the interpretation or application of the above-mentioned Convention. ARTICLE III. This Agreement shall remain in force as long as the above-mentioned Convention; provided, however, that any contracting State, a party to the present Agreement, may denounce it on one year's notice given by it to the Government of the United States of America, which shall at once inform all other contracting States of such notice and with- drawal. ARTICLE IV. Pending the coming into force of the above-mentioned Convention, all references to it herein, other than those contained in Article II, Section 2, and Article V, sha~l be deemed to be references to the Interim Agreement on International Civil Aviation dkawn up at Chicago on December 7, 1944; and references to the International Civil Aviation Organization, the Assembly, and the Council shall be deemed to be references to the Provisional International Civil Aviation Organization, the Interim Assembly, and Interim Council, respectively. ARTICLE V. For the purposes of this Agreement, "territory" shall be defined as in Article 2 of the above-mentioned Convention. ARTICLE VI. Signatures and Acceptances Oj Agreement. The undersigned delegates to the International Civil Aviation Conference, convened in Chicago on November 1, 1944, have affixed their signatures to this Agreement with the understanding that the Government of the United States of America shall be informed at the earliest possible date by each of the governments on whose behalf the Agreement has been signed whether signature on its behalf shall constitute an acceptance of the Agreement by that government and an obligationbinding upon it. My State a member of the International Civil Aviation Organization may accept the present Agreement as an obligation binding upon it by notification of its acceptance to the Government of the United States, and such acceptance shall become effective upon the date of the receipt of such notification by that Government. This Agreement shall come into force as between contracting States upon its acceptance by each of them. Thereafter it shall become binding as to each other State indicating its acceptance to the Government of the United States on the date of the receipt of the acceptance by that Government. The Government of the United States shall inform all signatory and accepting States of the date of all acceptances of the Agreement, and of the date on which it comes into force for each accepting State. IN wimsss wuriesor, the undersigned, having been duly authorized, sign this Agreement on behalf of their respective governments on the dates appearing opposite their respective signatures. Dos~ at Chicago the seventh day of December, 1944, in the English language. A text drawn up in the English, French, and Spanish languages, each of which shall be of equal authenticity, shall be opened for signature at Washington, D.C. Both texts shall be deposited in the archives of the Government of the United States of America, and certified copies shall be transmitted by that Government to the governments of all the States which may sign and accept this Agreement. PAGENO="0206" 200 AIR LAWS AND TREATIES OF THE WORLD THIRD SCHEDULE. SectIon 4. PROTOCOL RELATING TO AN AMENDMENT TO THE CONVENTION ON INTERNATIONAL CIVIL AVIATION. The Assembly of the International Civil Aviation Organization, Having met in its Eighth Session, at Montreal, on the first day of June, 1954, and Having considered it desirable to amend the Convention on International Civil Aviation done at Chicago on the seventh day of December, 1944, Approved, on the fourteenth day of June of the year one thousand nine hundred and fifty-four, in accordance with the provisions of Article 94 (a) of the Convention aforesaid, the following proposed amendment to the said Convention: At the end of Article 45 of the Convention, the full stop shall be substituted by a comma, and the following shall be added, namely: "and otherwise than temporarily by decision of the Assembly, such decision to be taken by the number of votes specified by the Assembly. The number of votes so specified will not be less than three-fifths of the total number of contracting States.", Specified, pursuant to the provisions of the said Article 94 (a) of the said Convention, forty-two as the number of contracting States upon whose ratification the proposed amendment aforesaid shall come into force, and Resolved that the Secretary General of the International Civil Aviation Organization draw up a Protocol, in the English, French and Spanish languages, each of which shall be of equal authenticity, embodying the proposed amendment abovementioned and the mattars hereinafter appearing, Consequently, pursuant to the aforesaid action of the Assembly, This Protocol shall be signed by the President of the Assembly and its Secretary General; This Protocol shall be open to ratification by any State which has ratified or adhered to the said Convention on International Civil Aviation; The instruments of ratification shall be deposited with the International Civil Aviation Organization; This Protocol shall come into force among the States which have ratified it on the date on which the forty-second instrument of ratification is so deposited; The Secretary General shall immediately notify all contracting States of the deposit of each ratification of this Protocol; The Secretary General shall immediately notify all States parties or signatories to the said Convention of the date on which this Protocol comes into force; With respect to any contracting State ratifying this Protocol after the date aforesaid, the Protocol shall come into force upon deposit of its instrument of ratification with the International Civil Aviation Organization. IN r~rm WHEREOF, the President and the Secretary General of the Eighth Session of the Assembly of the International Civil Aviation Organization, being authorized thereto by the Assembly, sign this Protocol. DoNE at Montreal on the fourteenth day of June of the year one thousand nine hundred and fifty-four in a single document in the English, French and Spanishlanguages, each of which shall be of equal authenticity. This Protocol shall remain deposited in the archives of the International Civil Aviation Organization; and certified copies thereof shall be transmitted by the Secretary General of the Organization to all States parties or signatories to the Convention on International Civil Aviation done at Chicago on the seventh day of December, 1944. PAGENO="0207" AIR LAWS AND TREATIES OF THE WORLD 201 FOURTH SCHEDULE. Section 4. PROTOCOL RELATING TO CERTAIN AMENDMENTS TO THE CONVENTION ON INTERNATIONAL CIVIL AViATION. The Assembly of the International Civil Aviation Organization, Having met in its Eighth Session, at Montreal, on the first day of June, 1954, and - Having conaidered it desirable to amend the Convention on International Civil Aviation done at Chicago on the seventh day of December, 1944, Approved, on the fourteenth day of June of the year one thousand nine hundred and fifty-four, in accordance with the provisions of Article 94(a) of the Convention aforesaid, the following proposed amendments to the said Convention: In Article 48 (a), substitute for the word "annually" the expression "not less than once in three years"; In Article 49(e), substitute for the expression " an annual budget " the expression "annual budgets"; and in Article 61, substitute for the expressions " an annual budget" and "vote the budget" the expressions "annual budgets" and "vote the budgets ", Specified, pursuant to the provisions of the said Article 94(a) of the said Convention, forty-two as the number of contracting States upon whose ratification the proposed amendments aforesaid shall come into force, and Resolved that the Secretary General of the International Civil Aviation Organization draw up a Protocol, in the English, French and Spanish languages, each of which shall be of equal authenticity, embodying the proposed amendments abovementioned and the matters hereinafter appearing. Consequently, pursuant to the aforesaid action of the Assembly, This Protocol shall be signed by the President of the Assembly and its Secretary General; This Protocol shall be open to ratification by any State which has ratified or adhered to the said Convention on International Civil Aviation; The instruments of ratification shall be deposited with the International Civil Aviation Organization; This Protocol shall come into force among the States which have ratified it on the date on which the forty-second instrument of ratification is so deposited; The Secretary General shall immediately notify all contracting States of the deposit of each ratification of this Protocol; The Secretary General shall immediately notify all States parties or signatories to the said Convention of the date on which this Protocol comes into force; With respect to any contracting State ratifying this Protocol after the date aforesaid, the Protocol shall come into force upon deposit of its instrument of ratification with the International Civil Aviation Organization. IN FA~1 WHEREOF, the President and the Secretary General of the Eighth Session of the Assembly of the International Civil Aviation Organization, being authorized thereto by the Assembly, sign this Protocol. Dos~iz at Montreal on the fourteenth day of June of the year one thousand nine hundred and fifty-four in a single document in the English, French and Spanishlanguages, each of which shall be of equal authenticity. This Protocol shall remain deposited in the archives of the International Civil Aviation Organization; and certified copies thereof shall be transmitted by the Secretary General of the Organization to all States parties or signatories to the Convention on International Civil Aviation done at Chicago on the seventh day of December, 1944. PAGENO="0208" a PAGENO="0209" AIRPORTS (SURFACE TRAFFIC). No. 40 of 1960. An Act to make Provision with respect to the Control of Surface Traffic at Airports. [Assented to 10th June, 1960.] BE it enacted by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:- 1. This Act may be cited as the Airports (Surface Traffic) Short this. Act 1960. 2. This Act shall come into operation on a date to be fixed Com~co. by Proclamation. 3.-(l.) In this Act, unless the contrary intention appears- Int~~~istion. "airport" means- (a) an aerodrome owned or held under lease by the Commonwealth, or owned by the Crown in right of a Territory of the Commonwealth or by the Administration of a Territory of the Commonwealth, and operated in pursuance of the Air Navigation Act 1920-1960 or of the regulations under that Act; or 203 67717 O-~61-----i4 PAGENO="0210" 204 AiR LAWS AND TREATIES OF THE WORLD (b) such part of an aerodrome owned or held under lease by the Commonwealth and under the control of a part of the Defence Force as is made available for civil aviation purposes in pursuance of arrangements made under section eighteen of that Act; "authorized person" means- (a) a person authorized by the Director-General, in pursuance of section seven of this Act, to exercise the power or function in relation to which the expression is used; or (b) a member of the police force of the Common- wealth or of a State or Territory of the Com- monwealth; "parking area" means an area, within an airport, indicated by a sign or notice displayed in pursuance of section six of this Act to be an area in which persons are per- mitted to park vehicles; "parking fee" means the fee that is payable in accordance with a sign or notice displayed in pursuance of section six of this Act in respect of parking a vehicle or causing a vehicle to stand in a parking area or parking position; "parking infringement" means a contravention of para- graph (a) or (b) of sub-section (1.) of section eight of this Act; "parking position" means a position, within an airport, indicated by a sign or notice displayed in pursuance of section six of this Act to be a position in which a person is permitted to park a vehicle; "road" means street, road, lane, thoroughfare or place open to, or used by, the public for passage with vehicles; "the Director-General" means the Director-General of Civil Aviation, and includes any person acting as the Director-General; "the owner ", in relation to a vehicle- (a) in the case of a vehicle that is registered under the law of a State or Territory of the Common- wealth relating to the registration of motor vehicles-means the person in whose name the vehicle is registered; or (b) in the case of any other vehicle-includes every joint owner or part owner of the vehicle and any person who has possession and use of the vehicle under or subject to a hire purchase agreement or a bill of sale; PAGENO="0211" AIR LAWS AND TREATIES OF THE WORLD 205 "vehicle" includes a trailer, caravan or portion of an articulated vehicle. (2.) Any reference in this Act to causing a vehicle to stand, or keeping a vehicle standing, shall be read as a reference to causing or permitting the vehicle to remain stationary while under the control of the driver of the vehicle. (3.) Any reference in this Act to parking a vehicle, or leaving a vehicle parked, shall be read as a reference to causing or per- mitting the vehicle to remain stationary while not under the control of the driver of the vehicle. 4. This Act extends to every Territory of the Commonwealth. ~ of Act to TerritorI~. 5.-(l.) This Act binds the Crown in right of the Common- Act to b~ad wealth or of any State. Crown. (2.) Nothing in this Act shall be deemed to subject the Crown in right of the Commonwealth or of a State to liability to be prosecuted for an offence, but this sub-section does not affect any liability of a person in the employment of the Crown to be so prosecuted. 6.-(l.) The Director-General may determine and, by means of signs or notices prominently displayed, with or without reference ~t ~p~rts. to lines or marks, indicate or notify- (a) areas and positions within an airport in which persons are, or are not, permitted to park vehicles or cause vehicles to stand; (b) the days and hours during which, the periods for which, - and the conditions under which, persons are, or are not, permitted to park vehicles or cause vehicles to stand in parking areas or parking positions or keep vehicles standing in specified positions; and (c) the fee (if any) to be paid in respect of parking a vehicle or causing a vehicle to stand in a parking area or parking position. (2.) The amount of any parking fee determined and notified in pursuance of the last preceding sub-section shall not exceed Two shillings, or such other amount as is prescribed, per hour. (3.) For the purposes of the last preceding sub-section and of any sign or notice displayed in pursuance of sub-section (1.) of this section, a fee of a particular amount per hour shall be taken to be- (a) in the case of a vehicle parked or kept standing for a period of an hour or less than an hour-a fee of that amount; or PAGENO="0212" 206 AIR LAWS AND TREATIES OF THE WORLD (b) in the case of a vehicle parked or kept standing for a period of more than an hour-a fee of that amount for each complete hour, and for any part of an hour after the last or only complete hour. (4.) A determination made, and a sign or notice displayed, in pursuance of sub-section (1.) of this section may relate to vehicles generally, to vehicles included in a specified class or description of vehicles, or to vehicles being used for a particular purpose or by a specified transport service or by specified persons. (5.) Where the sign or notice indicating a parking area or parking positions has inscribed upon it the words "Meter Parking ", or otherwise indicates or directs that the parking fee is to be paid by means of a meter, a person who parks a vehicle or. causes a vehicle to stand in such an area or position shall pay the parking fee by inserting the necessary coins in the meter nearest to the vehicle or, in the case of a parking area entry to or exit from which is controlled by meter-operated gates, in. the meter operating those gates. (6.) Where the sign or notice indicating a parking area or parking positions does not indicate or direct that the parking fee is to be paid by means of a meter, a person who parks a vehicle or causes a vehicle to stand in that area or one of those positions shall pay the parking fee to the authorized person who is for the time being collecting parking fees in respect of the parking area or parking positions. (7.) Where a sign or notice of a kind referred to in this section is displayed within an airport, the sign or notice shall, unless the contrary is proved, be deemed to be in accordance with a determination under this section and to be duly displayed in accordance with this section. AUthOT1Z~d 7.-(1.) For the purposes of this Act, the Director-General may, by writing under his hand, authorize a person, or persons included in a specified class of persons, to exercise all or any of the powers and functions conferred by this Act upon authorized persons. (2.) The Director-General shall cause each authorized person to be provided with an appropriate means of identifying himself as an authorized person. o~es. 8.-(1.) A person shall not- (a) park a vehicle, or cause a vehicle to stand, in contra- vention of the terms of a sign or notice displayed in pursuance of section six of this Act; (b) park a vehicle or keep a vehicle standing in a parking area or parking position for a period unless `he has first paid the parking fee in respect of that period in the manner provided by section six of this Act; PAGENO="0213" AIR LAWS AND TREATIES OF THE WORLD 207 (c) remove, damage, tamper with or disfigure a parking meter or a sign or notice displayed in pursuance of section six of this Act; or (d) insert anything in a parking meter other than the coins necessary to pay the parking fee. Penalty: Twenty pounds. (2.) Where a person leaves a vehicle parked or keeps a vehicle standing in a parking area or parking position referred to in sub-section (5.) of section six of this Act (other than an area entry to or exit from which is controlled by meter-operated gates) at a time when the parking meter nearest to the vehicle is display- ing the indicator bearing the word" Expired ", that person shall, unless the contrary is proved, be deemed to have failed to pay the parking fee. (3.) In the case of a vehicle that is parked or kept standing in a parking area exit from which is controlled by meter-operated gates, a person shall be deemed not to have committed an offence under paragraph (b) of sub-section (1.) of this section if he has paid the parking fee before removing the vehicle from the area. 9.-(l.) Where a parking infringement is being committed Rernoi~1 of in relation to a vehicle, an authorized person may direct the vehicles. driver of the vehicle or any other person in control of the operation of the vehicle to remove the vehicle forthwith from the place where it is parked or kept standing. (2.) A person to whom a direction is given in pursuance of the last preceding sub-section shall not, without reasonable excuse, refuse or fail to comply with the direction. Penalty: Twenty pounds. (3.) Where a parking infringement is being committed in relation to a vehicle and- (a) the driver or other person in control of the operation of the vehicle refuses or fails to comply with a direction given in pursuance of sub-section (1.) of this section; or (b) in the case of a parked vehicle, an authorized person cannot, after taking such steps as are reasonable in the circumstances, communicate with the driver, the authorized person, with such assistance (if any) as he requires, may remove the vehicle to an area within the airport approved for the purpose by the Director-General and indicated by an appropriate sign or notice. PAGENO="0214" 208 AIR LAWS AND TREATIES OF THE WORLD ca~ 10. In the prosecution against a person for parking a vehicle standing in or causing a vehicle to stand, in contravention of the terms of a ~~stances sign or notice displayed in pursuance of section six of this Act ~ (other than a sign or notice indicating that vehicles are not to be kept standing), it is a defence if the accused person satisfies the court that the vehicle was left parked or kept standing only for such time (not exceeding five minutes) as was reasonably necessary to take up or set down a passenger and his luggage (if any). Liability of 11.-(l.) Subject to this section, where a parking infringement offend~ occurs, the owner of the vehicle at the time of the occurrence of ~ the infringement shall be deemed to have committed the infringe- ment, whether or not he in fact committed the infringement. (2.) Nothing in the last preceding sub-section affects the liability of an actual offender other than the owner of the vehicle but, where the full amount of the penalty imposed on a person in respect of a parking infringement has been paid, a further penalty shall not be imposed on, or recovered from, another person in respect of the same infringement. (3.) The owner of a vehicle shall not, by virtue of this section, be deemed to be guilty of an offence if, within fourteen days after the service on him of a summons in respect of the parking infringement alleged, he furnishes to the informant or complainant a statutory declaration made by him stating- (a) that he was not in control of the vehicle at the time of the alleged infringement; and (b) the name and address of the person who was in control of the vehicle at that time. (4.) In a prosecution against the owner of a vehicle in respect of a parking infringement, it is a defence if the owner satisfies the court- (a) that the vehicle was, at the time of the infringement, stolen or illegally taken or used; or (b) that he was not in control of the vehicle at the time of the alleged infringement and does not know, and could not with reasonable diligence have ascertained, the name and address of the person who was in control of the vehicle at that time. (5.) A statutory declaration furnished, in relation to a parking infringement, in accordance with sub-section (3.) of this section is admissible in evidence in a prosecution in respect of that parking infringement against the person stated in the docu- ment to have been in control of the vehicle at the time of the alleged infringement, and is evidence that that person was in control of the vehicle at that time. PAGENO="0215" AIR LAWS AND TREATIES OF THE WORLD 209 (6.) In a prosecution under this Act, a document purporting to be a statutory declaration furnished in accordance with sub- section (3.) of this section shall, unless the contrary is shown, be taken to be such a statutory declaration, duly made and furnished. 12.-(l.) For the purposes of this Act, a document issued Evldenc~ of registration by an officer of a State or Territory of the Commonwealth having of motor duties in connexion with the law of that State or Territory relating vehicle. to the registration of motor vehicles, bearing his written, stamped or printed signature and stating that, during a specified period or on a specified date, a motor vehicle described in the document was registered under that law in the name of a specified person is evidence of the matters stated in the document. (2.) In a prosecution for an offence against this Act a document purporting to be a document referred to in the last preceding sub-section is admissible in evidence as such a document without proof of the signature of the person by whom it purports to have been issued or of the fact that he was an officer referred to in that sub-section. 13.-(l.) Where an authorized person has reason to believe ~ariclng that a parking infringement has been committed in respect of a vehicle, he may serve or cause to be served a parking infringement *notice in accordance with this section. (2.) A parking infringement notice may be served- (a) by serving the notice personally upon the person who appears to have committed the infringement or upon any person who is driving, or appears to be in control of, the vehicle; (b) by securely affixing the notice to the vehicle in a conspicuous position; or (c) by serving the notice upon the owner of the vehicle personally or by post. (3.) Where a parking infringement notice is to be served by post upon the owner of a vehicle, it may be addressed to him- (a) at his last known place of residence or business; or (b) in the case of a vehicle registered under the law of a State or Territory of the Commonwealth relating to the registration of motor vehicles, at the latest address of the owner in the record of registration of the vehicle. (4.) In the case of a parking infringement notice that is served by affixing the notice to a vehicle, the notice shall be addressed to "the owner" of the vehicle without further des- cription of the owner, and in every other case the notice shall have clearly shown on its face the full name or the surname and initials and address of the person upon whom it is served. PAGENO="0216" 210 AIR LAWS AND TREATIES OF THE WORLD (5.) Every parking infringement notice served shall clearly show- (a) the day, time and place of the alleged infringement; (b) the nature of the alleged infringement; (c) the amount of the prescribed penalty, and the person, being an officer, to whom, the place at which, and the manner in which, the penalty may be paid; and (d) the date of the notice and a statement that the penalty may be paid within a period of fourteen days after that date, and may contain such other particulars as the Director-General considers necessary. (6.) Every parking infringement notice shall contain a noti- fication to the person upon whom it is served that, if he does not wish the matter to be dealt with by a court, he may make a signed statement to that effect in the manner indicated in the notice and pay the prescribed penalty. (7.) For the purposes of this section, the prescribed penalty for a parking infringement is the amount of Two pounds. (8.) Where a parking infringement notice has been served and, before the expiration of the specified period of fourteen days or, where an authorized person so allows, at any time before service of a summons in respect of the parking infringement, the amount of the prescribed penalty is paid in accordance with the notice and a statement, signed by the person upon whom the notice was served or by the owner of the vehicle, to the effect that he does not wish the matter to be dealt with by a court is received by the officer to whom the amount of the penalty is paid- (a) any liability of any person in respect of the alleged parking infringement shall be deemed to be dis- charged; (b) no further proceedings shall be taken in respect of the alleged infringement; and (c) no conviction for the infringement shall be regarded as having been recorded. (9.) Where the amount of the prescribed penalty is paid by cheque, payment shall be deemed not to be made unless and until the cheque is honoured upon presentation. (10.) Except as provided by sub-section (8.) of this section, nothing in this section in any way prejudices or affects the institution or prosecution of proceedings in respect of a parking infringement or limits the amount of the fine that may be imposed by a court in respect of a parking infringement. PAGENO="0217" AIR LAWS AND TREATIES OF THE WORLD 211 (11.) Nothing in this section shall be construed as requiring the service of a parking infringement notice under this section or as affecting the liability of a person to be prosecuted in a court in respect of a parking infringement in relation to which a parking infringement notice has not been served. 14.-(l.) An authorized person may, when he considers it o~tI~ necessary to do so for the purposes of this Act or the regulations, ~ require a person apparently in control of a motor vehicle within ~ an airport to produce his driver's licence for inspection and to PetS°fl state his name and address. (2.) Subject to the next succeeding sub-section, a person upon whom a requirement is made under the last preceding sub- section shall not refuse or fail to produce his driver's licence or to state his name and address or state a false name or address. Penalty: Twenty pounds. (3.) A person who fails to produce his driver's licence but gives a reasonable excuse for the failure and, within seven days after the failure, produces that licence at such place as is specified by the authorized person who required its production shall not, in respect of the failure, be deemed to be guilty of an offence. 15.-(l.) An authorized person may give such reasonable Autbo~I directions to a person apparently in control of a vehicle or an animal upon a road within an airport, or to any other person tI1I~Ct1ODL upon such a road, as are in his opinion necessary to eliminate a cause of danger, of congestion of traffic or of impediment to traffic or for the purposes of this Act or the regulations. (2.) A person shall not, without reasonable excuse, refuse or fail to comply with a direction given by an authorized person in accordance with this section. Penalty: Twenty pounds. 16.-(l.) Proceedings for the prosecution of an offence against institution of this Act or the regulations shall not be instituted except with the ~ consent of the Director-General or a person authorized by the Director-General, by writing under his hand, to give such consents. (2.) Where a prosecution has been instituted by a person described in the information or complaint as an officer of the Commonwealth, or is conducted by an officer of the Attorney- General's Department or of the Crown Law Office of a Territory of the Commonwealth, the prosecution shall, unless the contrary is proved, be deemed to have been instituted in accordance with the last preceding sub-section. 17.-(l.) The Director-General or an officer authorized by Eviden~ the Director-General to issue certificates under this section may, by writing under his hand, certify that, on a specffied date, an PAGENO="0218" 212 AIR LAWS AND TREATIES OF THE WORLD airport, within the meaning of this Act, existed at a place, and had the boundaries, described, by reference to a map or plan or otherwise, in the certificate and may, in the certificate, certify as to the existence, situation and description of any buildings, other structures, roads, signs, notices, parking areas or parking or other positions within the precincts of the airport. (2.) The Director-General or an officer authorized by the Director-General to issue certificates under this section may, by writing under his hand, certify that during a specified period or on a specified date, an authority or a delegation of specified powers and functions under this Act had, or had not, been given, issued or made and was, or was not, in force. (3.) In all courts a document purporting to be a certificate issued under this section- (a) shall, unlçss the contrary is proved, be deemed to be a certificate issued under this section by a person empowered by or under this section to give such certificates; (b) is evidence of the matters stated in the certificate; and (c) in the case of a certificate under sub-section (1.) of this section, is evidence that no change in those matters has taken place since the date specified in the certi- ficate. Application of 18. This Act shall not be construed as intended to exclude the r~i~es. operation of any law of a State or Territory of the Common- wealth in which an airport is situated that can operate without prejudice to the express provisions of this Act or the regulations and, in particular, of any law of a State or Territory of the Commonwealth relating to the registration and equipment of vehicles, the licensing of drivers of motor vehicles and the rules to be observed by persons driving or in charge of vehicles or animals, or by pedestrians, on roads. Arrangements 19. The Governor-General may, for the purposes of this Act, with the States, arrange with the Governor of a State for the performance of the duties and the discharge of the functions of authorized persons by members of the police force of the State and for the payment to be made by the Commonwealth for any such service. Delegation. 20.-(1.) The Director-General may, either generally or in relation to a matter or class of matters and either in relation to all airports or a particular airport or particular airports, by writing under his hand delegate to a person or persons all or any of his powers and functions under this Act except this power of delegation. (2.) A power or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation. PAGENO="0219" AIR LAWS AND TREATIES OF THE WORLD 213 (3.) A delegation under this section is revocable at will and does not prevent the exercise of a power or the performance of a function by the Director-General. 21. The annual report of the Minister under section twenty- Ann~i repoft. nine of the Air Navigation Act 1920-1960 shall include a statement showing summarized particulars of- (a) revenue collected in respect of parking fees; (b) prosecutions under this Act; (c) parking infringements for which penalties were paid under this Act; and (d) fines imposed for offences against this Act and penalties paid in respect of parking infringements. 22.-(1.) The Governor-General may make regulations) not Regulaticca. Inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, or for or in relation to the regulation and control of vehicular, animal or pedestrian traffic within an airport. (2.) Without limiting the generality of the last preceding sub-section, the regulations may make provision for or in relation to- (a) (b) (c) rules to be observed by persons driving or in charge of vehicles or animals and by pedestrians; the maximum speeds for vehicles; rules to be observed, including rules having effect by reference to signs and safety devices and marks on the surfaces of roads, and the manner of proof of signs, devices and marks referred to in the regulations; (d) rules relating to the parking of vehicles; (e) the maximum size and weight of vehicles that may use roads; (J) the formal proof and authentication of instruments made or issued under the regulations; and (g) the imposition of penalties not exceeding a fine of One hundred pounds or imprisonment for a term not exceeding three months, or both, for a contravention of the regulations. (3.) Any regulation made under this section may be general or may be restricted as to time, place, vehicles, persons or circumstances. PAGENO="0220" PAGENO="0221" AIR NAVIGATION (OHARGES). No. 49 of 1960. An Act to amend the Air Navigation (Charges) Act 1952-1957. [Assented to 3rd November, 196O.} BE it enacted by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows 1.-(l.) This Act may be cited as the Air Navigation Short title (Charges) Act 1960. and citation. (2.) The Air Navigation (Charges) Act 1952_1957* is in this Act referred to as the Principal Act. (3.) The Principal Act, as amended by this Act, may be cited as the Air Navigation (Charges) Act 1952-1960. 2. This Act shall come into operation on the day on which Comrn~nc;- it receives the Royal Assent. ment. 215 * Act No. 101, 1952. am~ided by No. 87, 1957. PAGENO="0222" 216 AIR LAWS AND TREATIES OF THE WORLD First 3. The First Schedule to the Principal Act is amended by paragraph 7. omitting sub-paragraph (1.) of paragraph 7 and inserting in its stead the following ,sub-paragraph :- "(1.) The unit charge for an aircraft is- (a) where the weight of the aircraft does not exceed 25,000 pounds-an amount calculated at the rate of Fourpence half-penny for each 1,000 pounds or part of 1,000 pounds of the weight of the aircraft; (b) where the weight of the aircraft exceeds 25,000 pounds but does not exceed 50,000 pounds-an amount calculated at the rate of Sevenpence for each 1,000 pounds or part of 1,000 pounds of the weight of the aircraft; (c) where the weight of the aircraft exceeds 50,000 pounds but does not exceed 100,000 pounds-an amount calculated at the rate of Ninepence for each 1,000 pounds or part of 1,000 pounds of the weight of the aircraft; and (d) in any other case-an amount calculated at the rate of Tenpence half-penny for each 1,000 pounds or part of 1,000 pounds of the weight of the aircraft.". First 4. The Table of Flights set out in the First Schedule to the ~h~u1e-'. Principal Act is amended as set out in the Schedule to this Act. Application of 5. The amendments made by this Act apply in the case of a amendments, charge payable- (a) in respect of a flight between places in Australia that is completed on or after the date of commencement of this Act; (b) in respect of the landing or take-off of an aircraft on or after that date; (c) in relation to the registration of an aircraft registered under the Air Navigation Regulations on or after that date; and (d) by the owner of a foreign aircraft in respect of a week or part of a week commencing on or after that date. PAGENO="0223" AIR LAWS AND TREATIES OF THE WORLD 217 THE SCHEDULE. Section 4. ADDITIONAL AMENDMENTS. After item 21, insert the following item:- "21A Sydney-Cobar .. . 2". After item 23, insert the following item:- "23A I Sydney-Condobolin .. 2 ". After item 52, insert the following item:- "52A I Sydney-Maralinga .. 1 7 Omit item 75. After item 96, insert the following item:- "96A I Brisbane-Dirranbandi .. 2 Omit items 140 and 142. After item 154, insert the following item:- "154A I Melbourne-Griffith .. 2 "~ After item 155, insert the following item:- "155A I Melbourne-Hay .. .. 2 ". After item 159, insert the following item:- "159A I Melbourne-Maralinga .. 6 ". After item 161, insert the following item:- "161A I Melbourne-Naracoorte .. 2 After item 196, insert the following item:- "196A I Adelaide-Warrnambool -- 2 After item 202, insert the following item:- "202A I Perth-Cocos (Keeling) Islands 12 ". Omit items 225, 272, 276, 277, 283, 284 and 285~ After item 288, insert the following items:- "288A Lae-Rabaul, by way of Wewak 4 "288B Lae-Wewak .. .. 2 After item 289, insert the following item:- "289A Port Moresby-Goroka .. 2 After item 292, insert the following item:- "292A Port Moresby-Wau .. I 2 After item 310, add the following item:- "311 I Wewak-Rabaul .. -. I PAGENO="0224" AUSTRIA PJiAu1INAi~y The Austrian Aviation Law of December 2, 1957 was the first Austrian legislation on aviation since World War IT. Tn 1938, when Austria was annexed to the German Reich, the Austrian aviation laws were replaced by the German laws. Thus, before the 1958 law was enacted, the German aviation laws were theOretically still in force. Since Austria adhered to the Chicago Convention with effect from September 26, 1948, there was the problem of reconciling the Conven- tion with some conflicting provisions of the German law. However, in Austria, as in other "civil law" countries, a ratified international convention becomes the law of the land even without implementing legislation and it prevails over any conflicting provisions of the in- ternal law. In any event, the new aviation law has clarified the situ- ation. Fi~oi~&r~ LAW OF DECEMBER 2, 1957 CONCERNING AvIAnoN (AvIATIoN LAw)1 The National Council has enacted: PART I-GENERAL PROVISIONS Section 1. Civil Aviation and Military Aviation. Civil aviation within the meaning of this Federal law shall be all aviation with the exception of military aviation. Military aviation shall be aviation serving national defense. Section 2. Freedom of the Air Space. The use of the air space by aircraft and flight contrivances shall be free unless otherwise provided for by this Federal law. Section 3. Controlled Areas of the Air Space. (1) A controlled area shall be an area of the air space bounded on all sides which is controlled by the Federal Civil Aviation Office in ac- cordance with the ordinance to be issued under Section 124 and in which aircraft may fly only in accordance with the traffic regulations issued for such areas. (2) The Federal Ministry of Transport and Electric Power in concurrence with the Federal Ministry of National Defense, shall es- tablish by ordinance controlled areas in accordance with the require- ments of traffic safety. 1 Published in Bundesgesetzblatt (1?ederal Law Gazette), December 12, 1957, p. 1403. 218 PAGENO="0225" Alit LAWS AND TREATIES OF THE WORLD 219 Section 4. Air Space Restrictions. (1) For areas bounded on all sides, the following permanent or temporary restrictions may be promulgated with respect to the transit of aircraft (restricted areas) a) The prohibition of transit (prohibited areas),; b) the order that transit is permissible only subject to certain restrictions (restricted areas) ; and c) the warning that transit is attended by risks (danger areas). (2) Restricted areas shall be located in such a way that their lateral boundaries coincide with landmarks easily visible from the air. The upper boundary of the restricted area shall be formed by a horizontal plane where absolute altitude above sea level is to be given. The same shall apply to the lower boundary insofar as it is not determined by the surface of ~the earth or coincides therewith. Section 5 Power to Determine A~r Space Restrictions (1) The Federal Ministry of Transport and Electric Power in con- currence with the Federal Ministry of National Defense and the other Federal ministries concerned, shall establish by ordinance air space restrictions within the meaning of section 4, paragraph 1, subpara- graphs a and b, or shall draw attention to danger areas within the meaning of section 4, paragraph 1, subparagraph c) insofar as this is required: a) in the interest of air safety, or b) to eliminate disturbing effects of aviation on persons and property, or c) to safeguard search and rescue measures (section 135), or d) to maintain public peace, order, and safety. (2) In the cases designated in paragraph 1, subparagraph b, the competent provincial government shall be given the opportunity to state its views prior to .the issuance of the ordinance. (3) Unless otherwise provided for in paragraph 4, the Federal Ministry of National Defense in concurrence with the Federal Min- istry of Transpoi t and Electric Po~a er and other Federal ministries concerned, shall establish by ordinance the air space restrictions in accordance with section 4, pa~ragraph 1, subparagraphs a and b, which are required in the interest of national defense. (4) The Federal Ministry of National Defense, furthermore, shall establish restricted areas in so far as this is required: ~a) to prevent violations of air sovereignty, or b) to prepare for an operation of the Federal Army in accord- ance with sectioir 2, paragraph 1, subparagraphs a and b of the Defense Law, Federal Law Gazette No. 181/1955, if there is imminent danger, or c) to carry out an operation of the Federal Army in accord- ance with section 2, paragraph 1, subparagraph b of the Defense Law. - (5) Restricted areas in accordance with paragraph 4 may only be established for a maximum duration of two weeks. 677i7-~61---45 PAGENO="0226" 220 AIR LAWS ~D TREATIES OF THE WORLD Section 6. Notice of Air Space Restrictions. (1) When their period of validity does not exceed four weeks,: the ordinances designated in section 5 shall be published: a) in the case of section 5, paragraph 1, by notice posted on the bulletin board of the Federal Ministry of Transport and Electric Power, and b) in the cases of section 5, paragraphs 3 and 4, by notice posted on the bulletin board of the Federal Ministry of National De- fense. (2) When in the ordinances designated in section 5 no later time of entry into force is fixed, they shall become effective one hour after publication in accordance with paragraph 1. (3) The Federal Ministry of Transport and Electric Power and the Federal Ministry of . National Defense shall advise all flight safety services of the ordinances to be published under paragraph 1 and of their entry into force prior to posting on the bulletin board by means of the Federal Civil Aviation Office. (4) Warnings of dangerous areas (section 4, paragraph 1, sub- paragraph c) shall be announced by the Federal Civil Aviation Office in the manner customary in aviation. Section 7. Training and Testing Areas. (1) A training area shall be an air space bounded on all sides within which the navigation of aircraft in flight by persons not holding the required pilot's license (section 29) is permissible. (2) A testing area shall be an air space bounded on all sides within which the use of unlicensed aircraft in flight shall be permissible. (3) The Federal Ministry of Transport and Electric Power in con- currence with the Federal Ministry of National Defense shall establish by ordinance the training and testing areas required for civil aviation taking into account the public interest. It shall specify, in accordance with the requirements of safety of air navigation the conditions under which the. activities cited in paragraphs 1 and 2 shall be approved by the Federal Civil Aviation Office. (4) The Federal Ministry of National Defense, in concurrence with the Federal Ministry of Transport and Electric Power, shall establish by ordinance the training and testing areas required for military avi- ation taking into consideration the interests of national defense and other public interests. Section 8. Flying over the Federal Border. (1) The entry into, and departure from the Federal territory is permissible only to and from airports (section 64), and without inter- mediat.e landing between the airport and the Federal border. The provisions of section 171 of the Customs Law of 1955, Federal Law Gazette No. .129, shall not thereby be affected. (2) The Federal Ministry of Transport and Electric Power, in accordance with the requirements of public safety and national de- tense, shall regulate by ordinance: a) whether, `tnd under what conditions, permission of the Fed- eral Civil Aviation Office shall be necessary for entry into, de- parture from, and flight over the Federal territory, and PAGENO="0227" AIR LAWS AND TREATIES OF THE WORLD 221 b) under what conditions the Federal Civil Aviation Office may in special cases, upon application, grant exceptions from the provisions of paragraph 1, first sentence. (3) The ordinance in accordance with paragraph 2 shall be issued. in concurrence with the Federal Ministries of the Interior, of Finance, and of National Defense. Section 9. Landings and Takeoffs outside of Airdromes. (1) For takeoff and landing of aircraft only airdromes may be used (section 58) unless otherwise provided for in paragraphs 2 to 4 and in section 10. (2) Takeoffs and landings outside airdromes (Aussenabfluige and Aussenlandungen), as far as civil aircraft are concerned, shall be subject to approval by the provincial governor. The approval shall be given if not contrary to any public interest or if the public interest in such takeoff or landing outweighs any other conflicting public interest. (3) Takeoffs and landings outside an airdrome of military air- craft shall be permissible when conflicting public interests outweigh- irig the interest in the takeoff or landing outside an airdrome do not exist. (4) If the use of a land area is involved, the landing or the take- off outside an airdrome in accordance with paragraphs 2 or 3, shall be permissible only if the titleholder of the property agrees to its use. (5) For parachute descents outside of airdromes the provisions of paragraphs 2 through 4 shall apply accordingly. Section 10. Landings and Takeoffs outside of Airdromes that are not subject to Approval. (1) The provisions of section 9 shall not apply: a) to unforeseen landings outside an airdrome made for reason of safety or forced by lack of fuel or lifting power (emergency landings) and parachute descents made to save one's life, b) to landings and takeoffs made in connection with rescue and catastrophe operations as well as accident investigations in. accordance with section 137, paragraph 1, c) To landings of gliders and free balloons outside an air- drome. (2) In the case of an emergency landing (paragraph 1, subpara- graph a), permission of the Federal Civil Aviation Office is required for takeoff outside an airport in civil air traffic. This permission shall be given if the safety of the takeoff outside an airdrome is en-~ sured. (3) Within the field of civil aviation the responsible pilot (section 125) or, if he is incapacitated, the person taking his place, shall im- mediately report an off-field landing outside a.n airport within the~ meaning of paragraph 1, subparagraph a, to the nearest flight safety- service and to the nearest public safety authority (4) The public safety authorities shall furnish the name and resi- dence (corporate seat) of the aircraft operator to persons who give credible evidence of damage c'tused by a l'tnding outside `tn airdrome PAGENO="0228" 222 AIR LAWS AND TREATIES OF THE WORLD PART IT-AIRCRAFT AND FLIGHT CONTRIVANCES A. AIRCRAFT Section 11. Definition. (1) Aircraft shall be craft which are suitable for the carriage of persons or goods by air without mechanical connection with the ground, regardless of whether they are heavier-than-air (as for in- stance, aircraft, gliders, ornithopters, helicopters, gyroplanes, and parachutes) or lighter-than-air (as for instance, airships and free balloons). (2) Military aircraft shall be aircraft which bear the identifica- tion mark of a military aircraft. All other aircraft shall be civil aircraft. (3) An aircraft shall be considered as being in flight: a) for heavier-than-air aircraft, from the moment when power is applied for the actual takeoff movement until the completion of the actual landing movement; b) for lighter-than-air aircraft, from the moment of its re- lease from the ground until it is again secured to the ground. Section 12. Requirements for Use of Aircraft in Flight. (1) Unless otherwise provided for in sections 7 and 20, a civil aircraft may be used in flight only if: a) it is licensed by the Federal Civil Aviation Office by decree in accordance with section 13, or b) it is licensed in another State and such license is validated by the Federal Civil Aviation Office by a decree in accordance with section 18, or c) the license issued in another State is recognized on the basis of international agreements. (2) Military aircraft may be used in flight only if, and a*s long as they are airworthy (section 17). Section 13. Licensing of Civil Aircraft. (1) Civil aircraft shall be licensed by the Federal Civil Aviation Office, upon application by the aircraft operator, by written decree if they meet the requirements set forth in section 14. The license shall, within the framework of the application, cover all purposes for which the aircraft is designed and technically equipped. (2) The operator of a civil aircraft shall be the person who op- erates the civil aircraft on his own account and who possesses such power of disposal over it as is required by such operation. Section 14. Conditions for Licensing Civil Aircraft. (1) A civil aircraft shall be licensed in accordance with section 13,if: a) it possesses Austrian nationality (section 15), b) it is airworthy (section 17) and so technically equipped that the noise caused by its operation is not more than is unavoidable under the technical standards of the time, and c) it has taken out such liability insurance as is prescribed by law. (2) For parachutes, the condition specified in paragraph 1, subpara- graph a) shall not be required. PAGENO="0229" AIR LAWS AND TREATIES OF THE WORLD 223 Section 15. Nationality of Aircraft. (1) Civil aircraft, entered on the Aircraft Register (section 16), as well as all military aircraft of the Federal Army shall possess Aus- trian nationality. They shall bear Austrian identification marks. (2) The identification mark shall consist of a nationality and a reg- istration mark. The registration mark shall be assigned to a civil aircraft by the Federal Civil Aviation Office as soon as the require- ments for entry in the Aircraft Register are met. Section 16. Aircraft Register. (1) The Federal Civil Aviation Office shall maintain a record of civil aircraft (Aircraft Register). Parachutes shall be exempt from registration. The Aircraft Register shall be available for inspection to everybody. (2) A civil aircraft shall be entered in the Aircraft Register, upon application by the operator, if: a) the operator of the aircraft is aa) an Austrian citizen, or bb) a foreigner who has his residence in Austria and the aircraft is primarily destined for use in Austria, b) it is not registered in another State, and c) it is, in case of import from abroad, properly customs- cleared. This shall not apply to aircraft which were manufac- tured in the customs territory from parts produced abroad on which duty was paid. (3) National treatment shall be granted to: a) corporations and institutions of public law having their seat in Austria; b) clubs which have their seat in Austria and whose chairman as well as at least two-thirds of its other board members have their residence in Austria and are Austrian citizens; c) open partnerships and limited partnerships provided they have their seat in Austria and all personally liable partners are Austrian citizens; d) other corporations, cooperative societies and other juridical persons, provided they have their seat in Austria and at least two-thirds of the officers are domiciled in Austria and are Austrian citizens. (4) The Federal Ministry of Transport and Electric Power shall issue, by ordinance, detailed provisions for the setting up and main- tenance of the Aircraft Register. Section 17. Airworthiness. An aircraft shall be airworthy when, according to the technical standards of the time, safety of operation is ensured on the basis of its type of construction and technical equipment. Section 18. Recognition of Foreign Licenses by Decree. Foreign civil aircraft licenses shall, upon application, be recognized as valid by the Federal Civil Aviation Office by written decree (section 12, paragraph 1, subparagraph b), provided that: a) the requirements under which civil aircraft licenses are issued in the State concerned are at least equal to the respective Austrian requirements with regard to airworthiness; PAGENO="0230" 224 AIR LAWS AND TREATIES OF THE WORLD b) the applicant submits evidence of liability coverage meeting the Austrian provisions; c) Austrian aircraft (section 15) are licensed in the State con- cerned under the same conditions as national aircraft. Section 19. Revocation and Validation of Licenses Licenses (section 12, subparagraph a) and validation of foreign licenses (section 12, subparagraph b) of civil aircraft shall be revoked by the Federal Civil Aviation Office if facts justify the assumption that the civil aircraft is no longer airworthy. Simultaneously with the revocation, the return of the issued documents shall be prescribed. Section 20. Temporary License for Civil Aircraft. (1) Unlicensed civil aircraft and civil aircraft holding foreign licenses not recognized in accordance with section 12, subparagraphs b and c, may only be ferried from one airfield to another and flight tested outside of testing areas (section 7) with written approval by the Federal Civil Aviation Office (temporary license). (2) The Federal Civil Aviation Office shall, upon application by the aircraft operator, issue the temporary license if the civil aircraft is in condition for safe operation and the aircraft operator has sub- mitted evidence of liability coverage meeting the Austrian provisions. The temporary license shall prescribe such terms, conditions or limitations as traffic safety may require. Section 21. Construction, Inspection and Equipment of Civil Air- craft. (1) The Federal Ministry of Transport and Electric Power, in accordance with the requirements of air safety and with a view to the type, specifications and purpose of civil aircraft, shall establish by ordinance: a) the requirements for airworthiness and the minimum equip- mentof aircraft; b) the kind and extent of inspections necessary for the estab- lishment of airworthiness (inspections of design, parts and mini- mum equipment); c) the intervals and requirements for periodical inspections; d) the type of identification, the permissibility of markings and painting of civil aircraft as well as the State colors, flags and lights to be borne by them; e) the form and information to be contained in the docu- ments required for proof of airworthiness and in the other docu- ments to be carried on civil aircraft; f) whether and to what extent proof of airworthiness may be furnished through foreign airworthiness certificates. (2) The kind of identification marks, flags and lights to be borne by military aircraft (section 11, paragraph 2) as well as the docu- ments with which a military aircraft must be provided in accordance with the requirements of national defense, shall be regulated by ordi- nance by the Federal Ministry of National Defense in concurrence with the Federal Ministry of Transport and Electric Power. PAGENO="0231" 225 AIR LAWS AND TREATIES OF THE WORLD B. FLIGHT CONTRIVANCES Section 22 Definition (1) A flight contrivance shall be a device designed for technically equipping or operating an aircraft, which is not built into the air- craft, or a device which can be used independently in flight without being an aircraft (section 11). Considered as flight contrivances shall bein particula.r takeoff devices, kites, and captive balloons. (2) Military flight contrivances shall be flight instrumentalities serving exclusively for national defense. All other flight contrivances shall be civil flight contrivances. Section 23. Civil Flight Contrivances. The Federal Ministry of Transport and Electric Power, in accord- ance with the requirements of traffic safety shall regulate by ordi- nance whether and to what extent civil flight, contrivances shall be subject to licensing by the Federal Civil Aviation Office and whether the ordinances to be issued in accordance with section 21, paragraph 1, shall be applicable to civil flight contrivances. The ordinance shall also establish the technical requirements for civil flight contrivances, the record to be maintained on them and the intervals and require- ments for periodic inspections. Section 24. Military Flight Contrivances. Military flight contrivances may only be used if and as long as their safety of operation is ensured. PART Ill-AVIATION PERSONNEL A. CIVIL AVIATION PERSONNEL Section 25. Definition. Civil aviation personnel shall be all persons engaged in civil avia- tion whose activity is of importance to air safety and requires flight technical or flight operational knowledge. Section 26. Identification Document for Civil Aviation Personnel. For the performance of the activities designated in section 25, per- mission of the Federal Civil Aviation Office shall be required. This permission shall be issued by written decree (Personnel Identification Document for Civil Aviation). The Identification Document for Civil Aviation Persoimel shall be carried by the holder when carry- ing out activities subject to permission. Section 27. Civil Air Pilot. A civil air pilot shall be a person who, in accordance with section 26, is permitted to navigate or technically operate in flight, a civil aircraft or, in civil aviation, a parachute where it is not employed to save life. Section 28. Other Civil Aviation Personnel. (1) All persons engaged in civil aviation within the meaning of section 25 who are not covered by section 27, shall constitute other civil aviation personnel. The Federal Ministry of Transport and Electric Power shall determine by ordinance which activities qualify PAGENO="0232" 226 AIR LAWS AND TREATIES OF THE WORLD a person as belonging to the category of other civil aviation personnel, and shall establish, in accordance with the requirements of air safety, the prerequisites for the issuance of the permission provided for under section 26. (2) The provisions of this Federal Law shall not be applicable to the activities mentioned in paragraph 1, unless they are carried out on a commercial basis. V Section 29. Categories and Duration of Validity of Civil Air Pilot Certificates. (1) The Identification Document for Civil Aviation Personnel required for acting in the capacity as civil air pilot shall be the Civil Air Pilot Certificate. (2) The Federal Ministry of Transport and Electric Power shall establish by ordinance the types and forms of civil air pilot certifi- cates as well as their duration and extent of validity, whereby con- sideration shall be given to the types of civil aircraft, the possibili- ties of use, and to the mental and physical demands made on civil air pilots. The duration of validity of a civil air pilot certificate may not exceed three years. Section 30. Requirements for the Issuance of a Civil Air Pilot Certificate. V V (1) The Civil Air Pilot Certificate shall be issued if the applicant: (a) has reached the required age minimum (section 31); (b) is reliable (section 3); V V (c) is physically and mentally fit (section 33) ; and (d) is technically qualified. (2) If the applicant furnishes proof that he is the holder of a mili.~ tary air pilot certificate authorizing him to carry out the same ac~V tivities as authorized under the civil air pilot certificate applied for, the Federal Civil Aviation Office shall issue the civil air pilot cer- tificate without further inquiry, provided the Federal Ministry of National Defense does not raise any objections and the requirements for obtaining a military air pilot certificate are at least the same as for obtaining the civil air pilot certificate applied for. The Federal Civil Aviation Office shall officially obtain the views of the Federal Ministry of National Defense on the matter. Section 31. Minimum Age. V (1) The minimum age for obtaining a civil air pilot certificate shall be not less than 16 and not more than 21 years. Within this range, the Federal Ministry of Transport and Electric Power shall establish by ordinance the minimum age for each category of civil air pilot certificate (section 29) in accordance with the mental and physi- cal maturity required. (2) A civil air pilot certificate shall be issued to minor per- sons only if they have furnished proof that their legal representa- tives have agreed to the filing of the application for issuance of the civil air pilot certificate. V Section 32. Reliability. V An applicant for a civil air pilot certificate shall be considered reliable (section 30, paragraph 1, subparagraph b) if, on the basis of PAGENO="0233" AIR LAWS AND TREATIES OF THE WORLD 227 his previous conduct, it may be assumed that he will meet the obliga- tions resulting from this Federal Law. Section 33 Fitness (1) The Federal Civil Aviation Office shall obtain a medical report on physical and mental fitness (section 30, paragraph 1, subparagraph c). (2) Every holder of a civil air pilot certificate shall be obligated immediately to report to the Federal Civil Aviation Office any cir- cumstances which may be susceptible of casting a doubt on his physical irnd mental fitness. Section 34. Technical Qualification, Civil Air Pilot Examination. (1) The Federal Civil Aviation Office shall obtain a report from the competent Civil Air Pilot Examination Board (section 35) on technical qualifications (section 30, paragraph 1, subparagraph d), unless otherwise provided for under paragraph 2. This report shall be made on the basis of an examination (Civil Air Pilot Examina- tion). (2) With respect to the technical qualifications of glider pilots, the expert opinion of two civil flight instructors shall be obtained. Section 35. Civil Air Pilot-Examination Boards. For each category of civil air pilot certificates, the Federal Ministry of Transport and Electric Power, unless otherwise provided for in section 34, paragraph 2, shall establish within the Federal Civil Avia- tion Office a special examination board to be composed of a chairman and the necessary number of other examiners (Civil Air Pilot Exami- nation Boards). The number of examiners shall be established by ordinance by the Federal Ministry of Transport and Electric Power in accordance with the authorizations resulting from the individual categories of civil air pilot certificates. Section 36. Appointment of Examiners. (1) The members of the examination boards shall be appointed by the Federal Ministry of Transport and Electric Power from time to time for the duration of. three calendar years. They shall take the oath of ôonscientious and impartial performance of duties. For each member a substitute member shall be appointed In case of serious violation of their duties of office, they shall be removed from office. (2) Only employees of the Federal Ministry of. Transport . and Electric Power and the Federal Civil Aviation Office possessing ex- pert knowledge as well as professional pilots and civil flight in- structors may be appointed as members of the examination boards. The chairman of the examination board and his deputy shall be se- lected from among senior officials of the Federal Ministry of Trans- port and Electric Power or of the Federal Civil Aviation Office. Section 37. Rules of Examination for Civil Air Pilots. (1) The Federal Ministry of Transport and Electric Power, in ac- cordance with the requirements of safety of air nwigation and the standards of science at the time, shall establish by ordinance the re- quirements for the individual categories of civil air pilot certificates (section 29) with respect to physical and mental fitness (section 33) nnd technical qualifications (section 34) as well as the maimer in which PAGENO="0234" 228 A~ LAWS AND TREATIES OF THE WORLD proof thereof shall be submitted (Rules of Examination for Civil Air Pilots). (2) As far as the ordinance provided for in paragraph 1 concerns the physical and mental fitness, it shall be issued in concurrence with the Federal Ministry of Social Adinimstration Section 38. Examination Fees and Compensation for Examiners. (1) Any person who undergoes a civil air pilot examination shall pay an examination fee. The examination fees shall be fixed by the Federal Ministry of Transport and Electric Power by ordinance, whereby the categories of civil air pilot certificates and the expenses involved in the examination shall be taken into account. The maxi- mum examination fee may not exceed 1,500 schillings per candidate. (2) Unless otherwise provided for in paragraph 3, the examiners shall be entitled to a compensation for each examination, the amount of which shall be fixed by the Federal Ministry of Transport and Elec- tric Power by ordinance, taking into account the volume of examina- tion activity and which may not exceed 50 schillings per candidate. in addition, the examiners shall be entitled to a compensation for traveling and living expenses as well as for airy loss of earnings,~ in accordance with the provisions in force for jurors. (3) Whether and to what extent Federal employees are entitled to a compensation for their examination activit.y shall depend on the service regulations concerning the granting of compensation for col- lateral activities. Section 39. Recognition of Foreign Civil Air Pilot Certificates. (1) Foreign civil air pilot certificates shall, upon application, be recognized by the Federal Civil Aviation Office by written decree, unless otherwise provided for by international agreement, if: a) in the State concerned the legal requirements for obtaining a civil air pilot certificate are at least equal to the respective Aus- trian requirements with respect to age, reliability, fitness and qualification; b) Austrian civil air pilot licenses are recognized in the re- spective other State. (2) Foreign civil air pilot certificates held by Austrian citizens shall be recognized only if an investigation by the Federal Civil Avia- tion Office has established the reliability of the applicant (section 32). (3) The provisions of section 33, paragraph 2 shall apply accord- ingly. Section 40~ Revocation and Prohibition. (1) Permission to engage in the activities mentioned in section 25 shall be revoked by the Federal Civil Aviation Office and return of the identification documents issued therefor be prescribed when their holder is no longer fit or technically qualified to pilot a civil aircraft or is no longer reliable. The same shall apply if it is subsequently shown that one of these qualifications was lacking at the time of the issuance or validation of the permissions and that this defect con- tinues to exist. (2) The performance of the activities mentioned in section 25 shall be prohibited if, and as long as, this is necessary to prevent the person PAGENO="0235" AIR LAWS AND TREATIES OF THE WORLD 229 concerned from repetition of an act or omission punishable under this Federal Law. Section 41. Obtaining of an Expert Opinion. (1) Prior to the issuance of a decree in accordance with section 40; an expert opinion of a committee composed of three experts shall be obtained. (2) The experts shall be appointed by the Federal Minister' of Transport and Electric Power for the duration of three years. Only persons who are reliable and have been active civil air pilots for at least three years may be appointed. For each expert a substitute shall be appointed in accordance with the same principles. (3) The experts and substitutes shall hold office as an unpaid hon- orary office, and upon their appointment shall promise to give their opinions to the best of their knowledge and belief and to observe si- lence about matters brought officially to their knowledge. (4) The experts and substitutes shall be removed from office by the Federal Minister of Transportation and Electric Power if they seriously violate the duties of their office or no longer meet the condi- tions of their appointment. (5) The committee of experts shall be convened by the Federal Civil Aviation Office and be furnished a description of the case to be examined in due time so that the experts (substitutes) are prepared when appearing at the meeting. The expert opinion shall be rendered by majority vote and shall be made a matter of record. B. SCHOOLS Section 42. Training Permit. The training of civil air pilots shall be permissible only within the framework of civil air pilots' schools. For the operation of civil air pilots' schools as well as for any alteration of their scope of operation as designated by decree, a permit of the Federal Civil Aviation Office shall be required (Training Permit). Section 43. Requirements for the Issuance of a Training Permit. (1) A training permit shall be issued by written decree, if the applicant: a) possesses Austrian citizenship b) is reliable, and c) submits proof that he or his manager (section 44, para- graph 4) possesses the necessary experience for orderly operation of a civil air pilots' school. (2) In the event that the applicant is not a physical person, the provisions of section 16, paragraph 3 shall apply accordingly. Section 45. Prohibition of Training Operations. (1) The Federal Civil Aviation Office shall prohibit the execution of training operations if one of the requirements set forth in section 44 is no longer met or was lacking at time of the issuance of the permit to begin operations and this defect continues to exist. * (2) Simultaneously with the prohibition of training operations the Federal Civil Aviation Office shall fix an adequate time limit within which the established defect must be eliminated. PAGENO="0236" 230 AIR LAWS AND TREATIES OF THE WORLD (3) Training operations prohibited under paragraph 1 may only be resumed on the basis of a new permit to start operations. The provisions of section 44, paragraph 2 shall be applied accordingly. Section 46. Revocation of Training Permit. The training permit shall be revoked by the Federal Civil Aviation Office if: a) one of the requirements specified under section 43, paragraph 1 is no longer met or was lacking at the time of the issuance of the permit and this defect continues to exist, or b) the holder of the training permit has not applied for a per- mit to begin operations within a period of one year, commencing on the date of delivery of the training permit, or c) the permit to begin operations was denied by force of law, or d) the training operations have been suspended for more than a year, or e) the training operations were prohibited in accordance with section 45 and the defects were not eliminated in due time. Section 47. Civil Flight Instructors. (1) The activity of civil flight instructors shall be subject to per- mission of the Federal Civil Aviation Office. This permission is to be granted by written decree (Civil Flight Instructor's License). (2) The civil flight instructor's license shall authorize the holder thereof to give theoretical and practical flight instruction at civil air pilots' schools for the types of civil air pilot licenses specified in the Civil Flight Instructor's Licenses. Section 48. Requirements for the Issuance of a Civil Flight Instruc- tor's Licenses. (1) A civil flight instructor's license shall be issued if the applicant: a) hasreachedtheageof2lyears, b) holds such civil air pilot license for the obtaining of which he intends to give theoretical and practical flight instruction, c) furnishes proof of the required practical experience as civil air pilot (section 49), d) is technically qualified (section 50). (2) The civil flight instructor's license shall stipulate the scope of its authorization within the framework of the application, in ac- cordance with the results of the examination procedure. Section 49. Proof of Practical Experience. The Federal Ministry of Transport and Electric Power, in accord- ance with the requirements of safety of air navigation and the stand- ards of science at the time and with a view to the individual types of civil air pilot licenses (section 29), shall stipulate by ordinance the kind of practical experience as pilot for which proof shall be fur- nished for the purpose of obtaining a civil flight instructor's license. Section 50. Technical Qualification, Civil Flight Instructor's Exami- nation. (1) The Federal Civil Aviation Office shall obtain a report from the competent civil flight instructor's examination board (paragraph 2) on the technical qualification (section 48, paragraph 1, subpara- PAGENO="0237" AIR LAWS AND TREATIES OF THE WORLD 231 graph d). This report shall .be rendered on the basis of an examina- tion (civil flight instructor's examination). (2) Within the Federal Civil Aviation Office, a civil flight instruc- tor's examination boards shall be established. The provisions of sections 35 through38 shall apply accordingly. Section 51. Admission to Practical Training. Persons who desire to undergo civil pilot training shall require permission of the Federal Civil Aviation Office for practical training on board an aircraft in flight. This permission shall be granted if the applicant is reliable and physically and mentally fit (section 32 and 33). Section 52. Training and Test Flights. (1) Training and test flights carried out without a civil flight in- structor which are necessary within the framework of practical civil air pilot training shall not be subject to permission under this Fed- eral Law. The provisions of section 51 shall not thereby be affected. (2) In case of training and examination flights accompanied by a civil flight instructor, the latter shall be considered as being the re- sponsible pilot (section 125). C. MILITARY AVIATION PERSONNEL Section 53. Definition. Military aviation personnel shall be deemed all persons engaged in military aviation whose activity is of importance to safety of air navi- gation and requires flight technical or flight operational knowledge. Section 54. Military Pilots. A military pilot shall be deemed any person who navigates or tech- nically operates a military aircraft in flight or, within the field of military aviation, a parachute not being used for saving one's life. Section 55 Other Military Aviation Personnel All persons occupied in military aviation within the meaning of section 53 not covered by section 54, shall constitute other military aviation personnel (ground personnel). Section 56. Military Aviation-Personnel Identification Document. (1) Only the holder of a military pilot license issued by the Fed- eral Ministry of National Defense may be a military pilot. The pro- visions of section 52 shall apply accordingly. (2) The Federal Ministry of National Defense, in accordance with the requirements of safety of air navigation and the interests of national defense, shall establish by ordinance the other activities with- in the meaning of section 53 for which an identification document for military aviation personnel issued by the Federal Mrnistry of National Defense shall be required Section 57. Types, Duration, and Requirements for the Issuance of an Identification Document for Military Aviation Personnel. The Federal Ministry of National Defense shall stipulate by ordinance: a) types and forms of identification documents for military aviation personnel as well as their period of validity and extension of their validity, whereby consideration shall be given PAGENO="0238" 232 AIR LAWS AND TREATIES OF THE WORLD to the types of military aircraft, the possibilities of use, and the mental and physical demands made on military aviation person- nel, b) the requirements under which identification documents for military aviation personnel may be issued in accordance with the needs of traffic safety and national defense. PART lY-AIRPORTS A. JOINT PROVISIONS Section 58. Airdromes. (1) Airdromes shall be deemed areas on land or water which are intended to be used permanently for takeoff and landing of aircraft (land airdromes and water airdromes). (2) Section 118 of the Federal Law of October 19, 1934, Federal Law Gazette II, No. 316, concerning water rights shall not be affected ~by the provision of this Federal Law. ~Section 59. Ground facilities. Ground facilities shall be buildings, installations and other fixed facilities at airports which are intended to be directly used for the handling of air traffic. Flight safety service installations in accord- ance with section 122 shall be excepted. Section 60. Civil and Military Airdromes. A military airdrome shall be deemed an airdrome which is operated by the Federal Ministry of National Defense. All other airports shall be deemed civil airports. Section 61. Joint Use of Civil Airdromes for Purposes of Military Aviation. (1) The joint use .of civil airdromes and permanent civil airdrome installations for purposes of military aviation shall be governed by the Civil Airdrome-Operating Regulations and the Civil Airdrome- User Conditions (section 74). (2) The Federal Ministry of National Defense may only establish and operate permanent military installations on civil airdromes if the planned measures are necessitated by interests of national defense and are not contrary to more important interests of civil aviation. The question whether the planned measure is permissible shall be decided by the Federal Ministry of National Defense in concurrence with the Federal Ministry of Transport and Electric Power. (3) The regulation set forth in paragraph 2 shall apply accord- ingly to every, alteration of permanent military installations at civil airdromes and to every change in operation which might adversely affect civil air traffic at the respective civil airdrome. (4) The rights of the operator of a civil airdrome on whose air- drome the planned measure is to be taken, shall not be affected by the provisiOns of paragraphs 2 and 3. Section 62. Use of Military Airdromes for Purposes of Civil Aviation. (1) Upon application the Federal Ministry of National Defense may issue permission for: a) the use of military airdromes by civil aircraft, b) the establishment of permanent installations for purposes of civil aviation on military airdromes. PAGENO="0239" AIR LAWS AND TREATIES OF THE WORLD 233 (2) Permissions in accordance with paragraph 1 shall prescribe such conditions, limitations and terms as are required in the interest of national defense and civil aviation. (3) Prior to issuance of the permission in accordance with para- graph 1, the; Federal Ministry of National Defense shall obtain the concurrence of the Federal Ministry of Transport and Electric Power if the use involved is not exclusively serving military interests or if the establishment of permanent installations is involved. B CIVIL AIRDROMES Section 63. Public and Private Airdromes. A public airdrome (Flugplatz) shall be deemed a civil airdrome which is under obligation to operate (section 75, paragraph 5) and which is open under equal conditions to all participants in air traffic. All other civil airdromes shall be deemed private airdromes. Section 64. Airports. An airpoit (Flughafen) shall be deemed a public airdrome which is intended to be used by international air traffic and which is equipped with the necessary installations therefor. Section 65. Landing Fields. (1) A landing field (Flugfeld) shall be deemed a civil airdrome whichis not an airport. (2) A glider landing field shall be deemed a landing field intended to be used for gliding. A power landing field (Motorfiugfeld) shall be deemed a landing field intended to be used for powered aircraft operations. Section 66. Ordinance Concerning Civil Airdromes. The Federal Ministry of Transport and Electric Power shall estab- lish by ordinance the requirements for the individual types of civil airdromes (section 63 through 65) with a view to the volume of opera- tion and in accordance with the requirements of safety of air naviga- tion (Civil Airport Ordinance). Section 67. Preparatory Work for Civil Airdromes. (1) When the planning of a civil airdrome requires preparatory work on private land and when the landowner does not want to permit such work, the authority of jurisdiction under paragraph 2 shall, upon request by the applicant for a civil airdrome permit, force the land- owner by decree to allow the preparatory work provided the applicant is relialde and the project economically and technically feasible. (Verpflichtungsbescheid-decree establishing the obligation to tolerate the preparatory work). The authority shall determine in this decree an adequate time limit within which the preparatory work must be completed. (2) The Federal Ministry of Transport and Electric Power shall have jurisdiction for the issuance of the decree in accordance with para- graph 1 in cases involving the planning of airports; in all other cases the provincial governor shall have jurisdiction. (3) The applicant shall compensate the landowner for any damage caused by the preparatory work. In case an agreement cannot be reached on the amount of compensation, a court shall decide in a nonadversary proceeding. Claims for compensation shall be filed not PAGENO="0240" 234 AIR LAWS AND TREATIES OF THE WORLD later than three months after the day on which the applicant proves to have informed the landowner of the preparatory work. Section 68. Civil Airdrome Permit. (1) For the operation of civil airdromes a permission shall be re quired (Civil Airdrome Permit). The same shall apply to every change in scope of operition of a civil airdrome as established by decree. (2) The authority competent for the issuance of the permit shall be the Federal Ministry of Transport and Electric Power with respect to airports and the appropriate provincial governor with respect to airdromes. Section 69 Application for Issuance of a Civil Airdrome Permit (1) The application for issuance of a Civil Airdrome Permit shall contain the following information: (a) the type of civil airdrome planned (sections 63 through 65), (b) the ground installations planned, (c) the types of civil aircraft which are to use the civil air- drome, (d) a proposal with respect to the establishment of a safety zone, if any, (e) the probable obstructions to air navigation in the order of location and height, (f) the effect of the project on the rights of third parties, and, (g) proof of the financial means required for the realization of the project (financing plan). (2) The application shall be accompanied by six copies of a layout plan on an appropriate scale, showing the airdrome boundaries and all ground facilities projected. Section 70.: Investigation of Project. (1) The `mthority competent for the issuince of `t civil airdrome permit (section 68), upon receipt of an application in accordance with section 69, shall investigate in the first place whether the pro- posed land or water area is suitable for the planned purpose with respect to size and condition as well as with respect to the condition of the adjoining area. If the investigation shows that this is not the case, the application shall be rejected. Otherwise, the applicant shall be requested. to submit the following information in six copies: (a) extracts from the land register and land register maps of all realty to be included in the civil airdrome, and (b) land register maps and information in writing on the land register entry numbers and the owners of all realty who will be affected by the restrictions within the meaning of section 69, paragraph 1, subparagraplis d through f. (2), In the event that. the establishment of an airport is involved, the Federal Ministry of Transport and Electric Power sh'ill first oh tam the concurrence of the Ministries of National Defense, Trade and Reconstruction, Agriculture `rnd Forestiy, with respect to the pro jected location of the airpoit Then, the provinces and communities affected by the pioject, as well as tIme respective Chambers of Agri culture, shall be given the opportunity to state their views Subse quently, the views of the Federal Chamber of Commerce the Austri'tn PAGENO="0241" AIR LAWS AND TREATIES OF THE WORLD 235 Chamber of Labor Diet as well as those of the operators of already approved airports shall be obtained (3) In the event that the establishment of an airfield is involved, the provincial governor shall give the communities concerned and the Chimber of Agriculture the opportunity to state their views on the project and shall obtain the views of the Federal Ministry of National Defense. A civil airdrome permit for a landing field may only be granted if the Federal Ministry of National Defense has taken a posi- tive stand on the matter. The Federal Ministry of National Defense may refuse its consent if interests of national defense make this un- perative. The granting of such a permit without previously obtain- ing the views of the Federal Ministry of National Defense or in con- flict with such views shall constitute a defect rendering the permit null and void. (4) Prior to the issuance of the decree concerning the civil air- drome permit, a hearing shall be held in each individual case. If a safety zone (section 86) is projected, the date of the hearing shall be published in each case by posting a notice on the bulletin board of the communities which are wholly or partly within the projected safety zone, notwithstanding the provisions of section 41 of the General Administrative Law of 1950. Should an expansion of the projected safety zone become necessary after the hearing was held, a new hear- ing shall be called. Section 71. Conditions for Civil Airdrome Permit. (1) A civil airdrome permit shall be granted if: a) the project is suitable from the tecimical point of view and safe operations may be expected, b) the applicant is reliable and qualified for the operation of the civil airdrome, c) the financial means of the applicant are such as to ensure that he can meet the obligations resulting from this Federal Law for the operator of an airfield, and d) there are no other conflicting public interests. (2) An additional requirement for the issuance of a civil airdrome permit for public airports shall be the existence of a need for it. Air- ports may only be approved if their establishment is in the public interest. An airport shall not be considered in the public interest when: a) it is less than 100 kilometers airline distance from an already approved airdrome which is in operation and when it is likely to endanger the traffic functions of the latter, and b) the operator of the already existing airport is in a position and willing to undertake, within a period of six months, the func- tions envisaged for the planned airport. Section 72 Decree on Civil Airdrome Permit (1) The decree concerning a civil airdrome permit shall establish a) the types of aircraft which, with a view to traffic safety and useful organization of air traffic, may use this civil airdrome, * b) the content o~. the safety zone ordinance, ifany, * c) the order to take out liability insurance up to a maximum `irnount of 40 million Schilhngs accordrngs to the volume of operation, * 677i7-6i-----i6 PAGENO="0242" 236 AIR LAWS AND TREATIES OF THE WORLD d) an adequate time limit within which the application for issuance of a permit to start Operation must be submitted, and e) such conditions and limitations as may be necessary with respect to the provisions of section 71, paragraph 1, and, in par- ticular, with regard to the traffic functions of the civil airdrome. (2) A civil airdrome permit may only be granted to Austrian citi- zens. The provisions of section 16, paragraph 3, shall apply accordingly. (3) The decree concerning a civil airdrome permit shall be issued in writing; failure to do so shall constitute a defect which may render it null and void. Section 73. Permission to Start Operations. (1) The operation of a civil airdrome may be begun only after per- mission of the authority competent for the issuance of a civil airdrome permit (section 68) is granted. The decree for this permit shall be issued in writing; failure to do so shall constitute a defect which may render it null and void. (2) The permit to start operations shall be granted to the holder of a civil airdrome permit, upon request, if he furnishes proof that orderly flight operation is ensured at the established civil, airdrome and the civil airport meets the requirement.s of the civil airdrome ordinance (section 66). (3) Before a decision on the application for issuance of a permit to start operations is made, the competent authority shall hold a hear- ing at the place. At this hearing it shall be investigated whether the obligations imposed by the civil airdrome. permit are met. Section 74. Regulations for Operation of a Civil Airdrome and Con- ditions for Use of a Civil Airdrome. (1)' The operation of civil airdromes and the activities at civil air- dromes shall be regulated by the Federal Ministry of Transport and Electric Power by ordinance (Regulations for operation of a civil air- drome with a view to traffic safety). (2) In compliance with the ordinance specified in paragraph 1 the airdrome operator shall establish the conditions for the use of a public airdrome (Conditions for Use of a Civil `Airfield). He shall also establish conditions for the use of a public airdrome by all par- ticipants inair traffic. (3) Conditions for Use of a Civil ~4,irdrome shall be subject to ap- proval by the authority competent for the issuance of a civil airdrome permit (section 68). This approval shall be granted if safe and eco- nomic operation of the civil airdrome is ensured. The permit to start operations may not be issued prior to this approval. (4) The provisions of paragraph 3 shall apply accordingly to any essential modification of Conditions for Use of a Civil Airdrome. (5) The Conditions for Use of a Civil Airfield shall be published by posting a notice on the bulletin board of the civil airdrome. Section 75. Operation of Civil Airdromes. (1) Notwithstanding any conflicting provisions of provincial laws, the operator of a civil airdrome may operate such auxiliary enter- prises as immediately and exclusively serve the traffic functions of his airdrome. PAGENO="0243" AIR LAWS AND TREATIES OF THE WORLD 237 (2) The operator of a civil airdrome shall furnish free of charge such office space and night and day rooms as may be required by the agencies of the flight safety service (section 120) and the border police. He shall furthermore provide, at cost, cleaning services, light, water, and heat. (3) In the event that the obligation specified in paragraph 2 is not met, the authority competent for the authorization of civil airdromes (section 68) shall establish the specific services to be rendered under the obligation contained in paragraph 2 in accordance with the re- quirements of the agencies designated in paragraph 2 and with regard to the traffic functions of the civil airdrome. (4) The provisions of section 18 of the Customs Law of 1955, Fed- eral Law Gazette No. 129, shall not be affected by paragraphs 2 and 3. (5) Operators of public airdromes may discontinue airport opera- tions only with the permission of the authority competent for the issuance of the civil airdrOme permit (obligation to operate). Such permission shall be granted if the operator of the civil airdrome can no longer be expected to continue or if there is no public interest in the continuation of such operation Section 76. Prohibition of Civil Airdrome Operations. (1) The authority competent for the issuance of a civil airdrome permit (section 68) shall prohibit the operation of a civil airdrome if one of the requirements of the permit to begin operations is no longer met or was lacking at the time of issuance of the permit and this defect continues to exist. (2) Simultaneously with the prohibition of operation, the authority shall fix an adequate time limit within which the established defects which caused the prohibition, are to be eliminated. (3) Cr~ ii `urdrome operations which were prohibited in accordance with paragraph 1 may be resumed only on the basis of a new permis- sion to begin operations. Section 73 shall apply accordingly. Section 77. Revocation of a Civil Airdrome Operating Permit. The civil airdrome operating permit shall be revoked by the author- ity by which it was issued if: a) one of the requirements set forth in section 71, paragraph 1, subparagraphs b and c, is no longer met or if one of the require- ments set forth in section 71, paragraph 1, was lacking at the time of issuance of the civil airdrome permit and this defect continues to exist, or b) the holder of a civil airdrome permit has not applied for the permit to begin operations within the period fixed in accordance with section 72, paragraph 1, subparagraph d, or c) the permit to begin operations was denied by force of law, or d) the airdrome operation had been suspended for more than one year, or e) the airdrome operation was prohibited in `iccordance with section 76 and the established defects were not eliminated in due time. PAGENO="0244" 238 AIR LAWS AND TREATIES OF THE WORLD Section 78. Permission to Establish Ground Facilities for Civil Aviation. (1) Permission shall be required for the establishment and use, as well as for every essential alteration of a ground facility on a civil airdrome (ground facility for civil aviation). (2) The Federal Ministry of Transport and Electric Power shall be competent for the issuance of this permission, when the height of the ground facility exceeds the limits established in section 85, para- graph 2, subparagraphs a and b, or when the installation causes optical or electrical interferences (section 94). The Federal Ministry of Transport and Electric Power shall decide in concurrence with the Federal Ministry of National Defense. (3) Tn all cases in which the Federal Ministry of Transport and Electric Power does not have jurisdiction, the provincial governor shall decide. Section 79. Requirements for the Permission of Ground Facilities for Civil Aviation. (1) A permission in accordance with section 78, paragraph 1, shall be given when the project is required for, or useful to safety of air navigation. (2) The permission shall prescribe such conditions or limitations as may be necessary for averting dangers or for ensuring efficient operation. Section 80. Removal of Ground Facilities for Civil Aviation. After revocation of a civil airdrome permit, the provincial governor shall decide with a view to the requirements of public safety whether and to what extent the last airdrome operator shall remove at his own expense ground facilities at an airdrome and restore the condition existing prior to the establishment of the ground facilities for civil aviation. C. MILITARY AIRDROMES Section 81. Preparatory Work for Military Airdromes. (1) When the planning of a military airdrome requires preparatory work on private land and the owner of the land does not want to permit the work, the Federal Ministry of National Defense shall force him by decree to allow the preparatory work (Verpfiichtungsbescheid). (2) The Federal Government shall compensate the landowner for any damage caused by the preparatory work. In case an agreement on the compensation is not reached, the court shall decide in a non- adversary proceeding. Claims for compensation shall be filed not later than three months after the day on which the Fed~ral Ministry of National Defense has proved to have informed the landowner of the completion of the preparatory work. Section 82. Establishment, Alteration and Closing of Military Airdromes. (1) The Federal Ministry of National Defense shall be responsible for the establishment, alteration and closing of military airdromes. The Federal Ministry of National Defense shall obtain the concur- rence of the Federal Ministry of Transport and Electric Power with respect to the projected location of a military airdrome. PAGENO="0245" AIR LAWS AND TREATIES OF THE WORLD 239 (2) Prior to the establishment or expansion of a military airdrome, the respective provincial government and communities, the Federal Chamber of Commerce, the Austrian. Chamber of Labor, and the Presidents' Conference of the Chambers of Agriculture shall be given the opportunity to state their views. (3) The establishment or expansion of a military airdrome shall be inadmissible when it constitutes unreasonable hardship for persons holding property rights or power line easements within the meaning of the Electric Power Laws in the realty located in the area adjoining the planned airport within the projected safety zone. The establish- ment or expansion of a military airport shall in any case be admis- sible if it is indispensable in the interest of national defense. Section 83. Objections to the Intended Establishment or Expansion of Military Airdromes. (1) The intended establishment or expansion of a military air- drome and the required safety zone or expansion of the latter, shall be published in the maimer locally customary in the communities which are located wholly or partly within the projected safety zone. (2) Persons holding property rights or power line easements within the meaning of the Electric Power Laws in the realty mentioned in section 82, paragraph 3, may file objections to the intended measure within the period of one month after the day of publication for the reason designated in section 82, paragraph 3. The FederaJ Ministry of National Defense shall decide on such objections. (3) Work on the establishment or expansion of the military air- field may be started only after the Federal Ministry of National Defense has decided on such objections. Section 84. Establishment and Modification of Military Ground Facilities. (1) For the establishment and all modifications of a military ground facility, i.e., a ground facility at a military airdrome, the Fed- eral Ministry of National Defense shall be responsible. It shall~ ob- tain the concurrence of the Federal Ministry or Transport and Elec- tric Power if the height of the ground facility exceeds the limits established in section 85, paragraph 2, subparagraphs a and b, or if the installation causes optical or electrical interferences (section 94). (2) Jurisdiction with respect to the carrying out of the construc- tion resulting from other legal provisions shall not thereby be affected PART y~OBSTRUCTIONS TO AIR NAVIGATION Section 85. Definition. (1) Within safety zones (section 86) the following shall be deemed obstructions to air navigation: a) structures above the surface of the earth, objects of natural growth, stretched ropes and wires as well as high ground rising from the surrounding country, b) roads as well as depressions, ditches and similar ground irregularities. PAGENO="0246" 240 AIR LAWS AND TREATIES OF TIlE WORLD (2) Outside of safety zones, the installations designated in para- graph 1, subparagraph a, shall be deemed obstructions to air naviga- tion if their height above ground exceeds: a) one hundred meters, or b) thirty meters, when the installation is located on a natural or artificial ground elevation which rises more than 100 meters from the surrounding country; within a radius of i0 kilometers from the airdrome reference point (section 88, paragraph 2), the altitude of the airdrome reference point shall be considered the altitude of the surrounding country. (3) Ground facilities (sections 78 and 84) and flight safety installa- tions (section 122) shall not be considered obstructions to air naviga- tion within the meaning of paragraphs 1 and 2. Section 86. Safety Zones. ( 1) A safety zone shall be the area of an airfield and its surround- ings within which permission is required for the establishment or ex- pansion of an obstruction to air navigation within the meaning of sec- tion 85, paragraph 1, of this Federal Law, notwithstanding any other legal provisions (exceptional permit). (2) For airports and military: airdromes a safety zone shall be established in any case; for landing fields, only if there is a public interest therefor, and the establishment is not contrary to any other public interest taking priority. Section 87. Ordinance Concerning Safety Zones. (1) A safety zone shall be established by ordinance (ordinance con- cerning safety zones) in the case of airdromes by the authority com- petent for the issuance of a civil airdrome permit; in the case of mili- tary airdromes by the Federal Ministry of National Defense to the extent required for the safety of takeoff and landing movements, whereby the rights of third parties may be curtailed only to the extent provided for in section 72, paragraph 1, subparagraph b, and section 83, paragraph 1, respectively. (2) Prior to the issuance of such ordinance, the provincial govern- ment shall be given the opportunity to state its views. (3) If a civil airdrome is involved, the ordinance concerning safety zones may not be issued prior to the issuance of the decree concerning the civil airdrome permit. (4) The ordinance concerning safety zones shall be rescinded if the safety zone is no. longer required. for. the safety, of takeoff and landing movements. Section 88. Safety Zone Map. (1) An integral part of the ordinance concerning safety zones shall be a map of the safety zone showing the airport reference point and instrument approach sectors, if any, as well as especially indicating the obstructions to air navigation already existing in the zone (safety zone map). (2) The airdrome reference point shall be determined so as to be approximately in the center of the system of takeoff and landing areas. (3) An instrument approach sector shall be an air space above a ground sector designated for approach and departure under instru- PAGENO="0247" AIR LAWS AND TREATIES OF THE WORLD 241 ment flight conditions, the axis of which is the direction of approach and departure. Section 89. Publication of the Ordinance Concerning Safety Zones. With the exception of the safety zone map, an ordinance concerning safety zones shall be published in the communities in the area in which the safety zone lies, by notice posted on the municipal bulletin board. The safety zone map shall be made available for inspection in these communities. After publication of the ordinance concerning safety zones, the communities mentioned shall be obliged to permit its in- spection. Section 90. Entry into Land Register. The authority competent for the issuance of exceptional permits (section 93) `shall inform the land register court of the restrictions resulting from the ordinances concerning safety zones. The restric- tions shall be entered into the land register. Section 91. Obstructions to Air Navigation Outside of Safety Zones. For the establishment or expansion of obstructions to air naviga- tion outside of safety ~ones an' exceptional permit shall be required in accordance with section 85, paragraph 2. Other legal provisions shall not thereby be affected. Section 92. Exceptional Permits. (1) The application for issuance of an exceptional permit (sections 86 and 91) shall contain information on the location, kind, and nature, as well as the purpose, of the obstruction to air navigation. (2) An exceptional permit shall be granted if the establishment or expansion of the obstruction to air navigation does not adversely affect air safety. It shall contain such conditions or limitations as are required in the interest of air safety or for the' protection of the public. Section 93. Power to Issue Exceptional Permits. (1) Notwithstanding the provisions of paragraph 2, the following shall be competent for the issuance of an exceptional permit in accord- ance with section 86: a) the Federal Ministry of National Defense within the safety zone of a military airdrome, b) the authority competent for the issuance' of the civil air- port permit within the safety zone of a civil airdrome. (2) If the obstruction to air navigation exceeds the height estab- lished in section 85, paragraph 2, subparagraphs a and b, the `author- ity competent for the issuance of the exceptional permit shall be: a) the Federal Ministry of National Defense in concurrence with the Federal Ministry of Transport and Electric Power with- in the safety zone of a mi1it~try airdrome, b) in all other cases the Federal Ministry of Transport and. Electric Power in concurrence with the F&leral Ministry of Na- tional Defense. Section 94. Installations Causing Optical or Electrical Interferences. (1) The establishment and operation of installations causing opti- cal or electrical interferences which might be the cause of confusion. PAGENO="0248" 242 AIR LAWS AND TREATIES OF THE WORLD with aviation lighting, or a breakdown of flight safety installations, shall be subject to permission in accordance with this Federal Law, notwithstanding the permission required under other laws. The per- mission shall be granted if air safety is not adversely affected there- by. It shall contain such conditions and limitations as are required in the interest of air safety. (2) Competent for the issuance of the permission designated in paragraph 1, shall be the Federal Ministry of Transport and Elec- tric Power which shall obtain the concurrence of the Federal Min- istry of National Defense. Section 95. Marking of Obstructions to Air Navigation. (1) If the marking of an obstruction to air navigation is required, the authority competent for the issuance of an exceptional permit (section 93) shall force the owner of the obstruction to air naviga- tion to allow this measure. (2) Within the safety zone of a civil airdrome the operator of the airdrome shall be forced by decree of the authority competent for the issuance of the exceptional permit to mark the obstruction to air navigation in accordance with paragraph 1. Within the safety zones of military airdromes, the Federal Ministry of National Defense shall be responsible for the marking of obstructions to air navigation; out- side of safety zones, the Federal Civil Aviation Office. Section 96. Obligation to Eliminate Obstructions to Air Navigation. (1) The authority competent for the issuance of an exceptional permit in accordance with section 93 and the issuance of a permit in accordance with section 94, respectively, shall, with regard to air safety and protection of the public, decide whether, to what extent, and within which time, obstructions to air navigation and the instal- lations designated in section 94, respectively, which were established or expanded in conflict with the provisions of this Federal Law, shall be removed, altered, or marked (section 95) by the owners at their own expense. (2) The owner of objects which, owing to their nature, location, or position are apt to interfere with the operation of flight safety service installations (section 122), shall be enjoined by the Federal Civil Aviation Office by decree to remove such objects, whereby the requirements of air safety will be taken into account. The cost of removal as well as any damages resulting therefrom shall be refunded by the Federal Government. Claims for compensation shall be filed ~with the Federal Civil Aviation Office. If these claims are not rec- ognized within a period of six months, the court shall, upon request of the owner, decide in a nonadversary proceeding. PART vT-ExPRoPRIATIoN FOR PURPOSES OF AIR NAVIGATION Section 97. Right of Expropriation. Title and other property rights may be expropriated or restricted if indispensable in the public interest (Expropriation for purposes of air navigation): a) in the field of civil aviation: aa) for the purpose of constructing c~r expanding ifight safety installations, or PAGENO="0249" AIR LAWS AND TREATIES OF TIlE WORLD 243 bb) for the purpose, of constructing or expanding an air- drome, or cc) for the purpose of eliminating obstructions to air navi- gation, or for their modification to comply with the needs of air safety so far as the measures specified therefor in sec- tion 96 are not sufficient. b) in the field of military aviation for purposes of national~ defense. Section 98. Expropriation-Applicants. Expropriation may be requested in accordance with section 97 by : a) the Federal Government, represented by the Federal Civil Aviation Office, for purposes of air safety, b) the airdrome operator, for the purpose of constructing or expanding a civil airdrome, c) the airdrome operator, for the purpose mentioned in sec- tion 97, subparagraph cc, if the obstruction to air navigation is~ located within a safety zone; otherwise the Federal Government, represented by the Federal Civil Aviation Office, and d) the Federal Government represented by the Federal Minis- try of National Defense, in the cases of section 97, subparagraph b. Section 99. Suitable Application of the Railroad Expropriation Law of 1954. (1) With respect to the object and extent of expropriation, compen- sation, expropriation procedure and execution of expropriation for purposes of civil aviation, the provisions of the Railroad Expropri- ation Law of 1954, Federal Law Gazette 71, shall apply accordingly, subject to the following provisions. (2) Upon request of the person affected by the expropriation the entire plot of land or the entire realty shall be included in the ex- propriation when otherwise the portion of the land or property re- maining after the contemplated expropriation could not be put to practical use. (3) Upon request by the person affected by the expropriation, monetary compensation may be replaced by compensation in kind2 of equal value, if the applicant for expropriation is able to do so with- out delaying compensation proceedings. In case of dispute, the court shall decide whether according to the facts of the case such compensation is reasonable and appropriate. (4) The provincial governor shall call a hearing at the place within six weeks from the time when the expropriation plans and lists of the land and rights claimed are made available for inspection in the com- munity concerned. (5) On the basis of the final expropriation decree, contracts of persons enjoying the contractual rights of usufruct, of use or tenancy rights or persons holding property rights insofar as such rights can- not be expropriated shall be terminated as of the next legal date of termination and the objects of contract shall be vacated within the legal period of time even though the contract provides otherwise. (6) In the cases of section 97, subparagraph b, in which a public airport is affected by the expropriation, the Federal Ministry of Na- tional Defense shall decide in concurrence with the Federal Ministry of Transport and Electric Power. The expropriation shall be admissi- PAGENO="0250" 244 AIR LAWS AND TREATIES OF THE WORLD Ide if the interests of national defense take priority over those of civil aviation. Section 100. Conflict with Other Expropriation Rights. Title and other property rights in land for which an expropriation right also exists under another Federal law, may only be expropriated with the consent of the Federal Ministry that, has jurisdiction over the implementation of that Federal law. PART VII-AVIATION ENTERPRISES Section 101. Definition. Aviation enterprises shall be: a) Enterprises engaging in the commercial transportation of persons and goods by aircraft (air transport enterprises) b) Enterprises engaging in the commercial charter of aircraft (aircraft charter enterprises). A. AIR TRANSPORT ENTERPRISES Section 102. Types of Air Transport Enterprises. (1) An air transport enterprise may engage in scheduled air traffic (scheduled air carrier) or in nonscheduled air traffic (nonscheduled air carrier) or in both types of commercial air transportation at the same time. (2) Scheduled air traffic shall be the scheduled transportation of `persons or goods by aircraft on designated routes serving public traffic. Nonscheduled air traffic shall be any other commercial trans- portation of persons or goods by aircraft.. Section 103. Transport Permit. (1) For the operation of an air transport enterprise as well as for ~every expansion of its scope of operation, designated by decree, per- mission by the Federal Ministry of Transport and Electric Power shall be required (transport permit). (2) Notwithstanding any conflicting provincial laws, the air trans- port operator may operate such auxiliary enterprises as may directly `and exclusively serve the traffic functions of the air transport enter- prise concerned. Section 104. Requirements for `Application for the Issuance of a `Transport Permit. (1) The `application for issuance of a transport permit shall state the reasons which, in the opinion of the applicant, would constitute a need for the enterprise to be founded. Furthermore, credible cvi- 4lence of the financial means necessary for the establishment and operation of the enterprise shall be furnished. (2) The application shall further contain the following informa- tion: a) Last and first name (firm), residence (seat), and location of the enterprise, b) name, residence, and citizenship of the persons authorized to `represent the enterprise, PAGENO="0251" AIR LAWS AND TREATIES OF THE WORLD 245 c) the type of air transport enterprise planned (section 102) and activities proposed such as, for instance, sightseeing flights, taxi flights, and tours, d) the proposed conditions of transportation, e) the proposed flight operation area, i.e., the area in which the planned operations are to be carried out, f) the number and type of aircraft intended to be used; g) the proposed organization of operations. (3) In the case of scheduled air traffic, the application shall further ~contain information on the scheduled air services planned. (4) The Federal Ministry of Transport and Electric Power shall require such additional information and data as are necessary to -assure that the requirements for determination according to section 106 are met. Section 105. Investigation of Project. (1) Prior to the issuance of the permit, the Federal ministries con- cerned, the province, and the community in which the enterprise is located, as well as the Federal Chamber of Commerce and the Aus- trian Chamber of Labor Diet shall be given the opportunity to state their views on the project. (2) If an air transport operator wishes to operate scheduled air services, an opportunity to state its views shall be given, in addition, to every air transport enterprise with a seat in Austria, which operates scheduled air services. Section 106. Requirements for the Issuance of a Transport Permit. (1) The transport permit shall be issued if: a) the applicant possesses Austrian citizenship, is reliable, and technically qualified, b) safety of operation is ensured and credible evidence of the financial capacity of the enterprise is furnished, c) a need exists for such enterprise and the operations plan- ned guarantee that the need is appropriately and economically met. (2) In the event that the operator is not a physical person, the enterprise must have its seat in Austria, and ownership must be held preponderantly by Austrian citizens. The provisions of section 16, paragraph 3, shall apply accordingly. (3) A further requirement fOr the licensing of scheduled air car- riers shall be that the establishment of the enterprise is in the public interest. This is particularly not the case when the enterprise is apt to endanger the traffic functions of an already existing Austrian sched- uled air carrier. Section 107. Decree Concerning Transport Permit. (1) When the requirements specified in section 106 are met, the transport permit shall be issued within the framework of the appli- cation. This shall be done by written decree; failure to do so shall constitute a defect which may render the license null and void. (2) The decree concerning the transport permit shall specify: a) the type of air transport enterprise (section 102), b) the scope of the permit in accordance with the need includ- ing the area-of flight operations, PAGENO="0252" 246 AIR LAWS. AND TREATIES OF THE WORLD .c) an adequate period of time within which permission to start operations must be sought whereby consideration shall be given to the need, and d) such conditions and limitations as are required in the inter- est of traffic safety and with regard to the traffic functions of the enterprise. Section 108. Permit to Start Operations. (1) The operation of an air transport enterprise may only be be- gun on the basis of a permit issued, upon application by the operator, by the Federal Ministry of Transport and Electric Power (permit to begin operations). (2) The Federal Ministry of Transport and Electric Power, after receipt of the application designated in paragraph 1, shall hold a hearing at the place. At the hearing it shall be investigated whether the obligations imposed in the decree concerning transport permit are met and traffic safety is assured. (3) When these requirements are met, the starting of operations shall be permitted. The permit shall be issued in writing; failure to do so shall constitute a defect which may render the permit null and void. Section 109. Prohibition of Transport Operations. (1) The Federal Ministry of Transport and Electric Power shall prohibit transport operations if one of the requirements of the permit to begin operations is no longer met or was lacking at the time of the issuance of this permit and this defect continues to exist. (2) Simultaneously with the prohibition of transport operations the Federal Ministry of Transport and Electric Power shall fix a time limit within which the established defects causing the prohibi- tion of transport operations must be eliminated. (3) Transport operations prohibited in accordance with paragraph 1 may only be resumed on the basis of a new permit to start opera- tions. The provisions of section 108 shall apply accordingly. Section 110. Revocation of Transport Permit. The transport permit shall be revoked by the Federal Ministry of Transport and Electric Power when: a) one of the requirements in accordance with section 106, para- graph 1, subparagraphs a and b, is no longer met or was lacking at the time of the issuance of the permit and these defects con- tinue to exist, or b) the permit to be.gin operations (section 108) was denied by force of law, or c) operations had been suspended for more than one year, or d) the transport operations were prohibited in accordance with section 109 and the established defects were not eliminated in due time. Section 111. Scheduled Air Line Permit. (1) For the operation of every scheduled air line a permit of the Federal Ministry of Transport and Electric Power shall be required (scheduled air line permit). Prior to its issuance, the Federal Minis- try of Trade and Reconstruction shall be given the opportunity to state PAGENO="0253" AIR LAWS AND TREATIES OF THE WORLD 247 its views The permit shall also cover flight schedules and shall be issued if not contrary to public interest. (2) The provisions of paragraph 1 shall apply accordingly to changes in flight schedules. Permission to do so shall be requested at least three weeks prior to the intended entry into force of the change. (3) Permits in accordance with paragraph 1 or paragraph 2 shall prescribe such terms or conditions as may be required in the interest of traffic safety and with regard to the traffic functions of the airline. (4) The scheduled air line permit can be issued in connection with the permit to begin operations (section 108) or with the permission in accordance with section 144. Section 112. Revocation of the Scheduled Air Line Permit. The scheduled air line permit shall be revoked by the Federal Minis- ~try of Transport and Electric Power when the continuation of the operation of the air line is contrary to public interest. Section 113. Obligation to Operate in Scheduled Air Line Traffic. (1) Air transport operators shall be obliged, in scheduled air line traffic, to transport persons and goods in accordance with the condi- tions of transportation and flight schedules as far as their means of `transportation designed for regular operation are sufficient and unless there exist circumstances making transportation impossible and which "they are not in the position to eliminate. (2) A scheduled air line may only discontinue operations with per- `mission of the Federal Ministry of Transport and Electric Power (ob- ligation to operate). The permission shall be granted when the oper- ator cannot be reasonably expected to continue its operation or when there is no longer a public interest in the continuation of the air line. Section 114. Licensing of Foreign Air Transport Enterprises. (1) Unless otherwise provided for by international agreements, the Federal Ministry of Transport and Electric Power may permit `foreign air transport enterprises `to engage in the commercial trans- portation of persons and goods by aircraft in scheduled or non- :scheduled air traffic when: a) these are licensed for operation in their home state, b) Austrian air transport enterprises are licensed in the re- spective other state, and c) the licensing is not contrary to public interests, in par- ticular, to the interests of air commerce. (2) The Federal Ministry of Transport and Electric Power shall revoke the permission designated in paragraph 1 when one of the requirements of its issuance is no longer met or was lacking at the time of the issuance of the permission and this defect continues to exist. Section 115. Transportation of Mail. (1) In return for appropriate payment air transport operators shall carry consignments of mail on scheduled flights in scheduled air traffic, to such extent as may be reasonably expected on the basis `of the capacity of the aircraft concerned and with regard to the inter- national agreements in force on mail transportation. PAGENO="0254" 248 A~ LAWS AND. TREATIES OF THE WORLD (2) The air transport operators shall be liable to the Postal de- partment for such cOnsignments to the same extent .that the Postal department in turn is liable in accordance with the international agreements in. force. B. AIRCRAFT CHARTER ENTERPRISES Section 116. Charter Permit. (1) The permission of the provincial governor shall be required (charter permit) to engage in the business of chartering civil aircraft. (2) Civil aircraft may only be chartered to persons holding the civil air pilot license required for the operation of the aircraft concerned. Section 117. Requirements for the Issuance of a Charter Permit. (1) The charter permit shall be granted when: a) the a.pplicant possesses Austrian citizenship, is reliable, technically qualified, and is the operator of the aircraft to be chartered (section 13); b) safety of operation if ensured, and there is a need therefor. (2) Prior to the issuance of the charter permit, the competent Chamber of Commerce as well as the community in which the aircraft charter enterprise is to be operated, shall be given the opportunity to state their views. (3) The charter permit shall contain such conditions, terms or limi- tations as may be required in the interest of traffic safety. Se.ction 118. Revocation of the Charter Permit. The charter permit shall be revoked by the provincial governor when: a) one of the requirements in accordance with section 117, para- graph 1, is no longer met or was lacking at the time of the is- suance of the permit and this defect continues to exist, or b) when operations have been suspended for more than a year. PART VIII-SAFETY OF AIR NAVIGATION A. FLIGHT SAFETY Section 119. Definition of Flight Safety. Flight safety shall comprise: a) the regulation of air traffic including the direction of move- ments at~ airdromes, b) assistance to air navigation by means of position-finding aids (air navigational aids), c) flight information, d) flight weather services, e) enforcement of safety regulations applicable to aircraft, f) clearance of aircraft and crews by the aviation authority, g) telecoimnunications for flight safety purposes. h) cooperation in the search and rescue services serving avi- ation, in particular, cooperation in the warning service. Section 120. Duty to Assure Flight Safety. (1) The Federal Civil Aviation Office shall be responsible for the safety of flight. It shall establish such field stations for the purpose PAGENO="0255" AIR LAWS AND TREATIES OF THE WORLD 249 of ffight safety as are necessary for the safe and expeditious handling of air traffic (flight safety stations). (2) With the consent of the Federal Ministry of the Interior the Federal Civil Aviation Office may authorize members of the Federal Police and Federal IRural Police to exercise functions in the field of flight safety. The authorization may be granted only to persons who are trained to carry out the appropriate functions. The persons au- thorized shall be obliged to carry out the functions specified in the authorization. They shall be directly subordinate to the Federal Civil, Aviation Office while carrying out these functions. Section 121. Scope of Flight Safety. Flight safety shall extend to the entire Federal territory and the air space ~bôve with the exception of those areas which are designated. by ordinance by the Federal Ministry of National Defense in concur- rence with the Federal Ministry of Transport and Electric Power with~ a view to the interests of national defense and civil aviation. Section 122. Flight Safety Installations. (1) Fixed installations for purposes of flight safety (flight safety~ installations) may be established and operated by the Federal Civil. Aviation Offiëe only if they do not constitute a hazard to the safety: - of persons or property. The provisions of section 6, paragraph 2,. of the Telecommunications Law, Federal Law Gazette No. 170/1949, shailnot thereby be affected. (2) The civil airport operator shall bear the costs connected with. the establishment and maintenance of those flight safety installations which exclusively serve the safety of departure and landing. Section 123. Preparatory Work for Flight Safety Installations. (1) When the planning of flight safety installations requires pre-- paratory work on private land and when the owner of the land does. not want to permit the work, the Federal Civil Aviation Office shall force him by decree to allow the preparatory work (Yerpflichtungs-~ bescheid). (2) The Federal Government shall compensate the landowner for- any damage caused by the preparatory work. When agreement on the compensation is not reached, a court shall decide in a nonad-~ versary proceeding. Claims for compensation shall be filed not later than three months after the day on which the Federal Civil Avia- tion Office proves to have informed the landowner of the completioii~ of the preparatory work. B. RULES OF AIR TRAFFIC Section 124. Air Traffic Regulations. (1) In air traffic, every person shall be obliged to proceed with the caution, attention and consideration required for the maintenance of order and safety. (2) The Federal Ministry of Transport and Electric Power, with. a view to safe and expeditious handling of air traffic and the preven- tion, of imminent danger to the public resulting from air traffic, shall' regulate by ordinance the functions of flight safety and the rules ofT air traffic specified in section 119 in particularly with respect to: a) the movement of aircraft in the, air and on the ground,... b) the altitude to be observed in flight, c) the signals and signs to be used. PAGENO="0256" :250 AIR~ LAWS AND TREATIES OF THE WORLD 1 (3) Prior to the issuance of the ordinance mentioned in paragraph 2, the Federal Ministry of Transport and Electric Power shall obtain the concurrence of: a) the Federal Ministry of National Defense unless provisions are involved which are necessary in the interest of the safety of international civil aviation, b) the Federal Ministry of Education with respect to matters of the flight weather service (section 119, subparagraph d) if the latter have a bearing on other weather service. :Section 125. Aircraft Captain. (1) Within the field of civil aviation, the aircraft captain shall he the pilot in command of the aircraft. (2) The aircraft captain shall: a) take all measures necessary for the maintenance of order and safety on board the aircraft, b) report unlawful acts committed on board the aircraft to the Federal Civil Aviation Office within a period of 48 hours notwithstanding the duty to report resulting from other legal provisions. (3) If the aircraft captain is incapacitated, the obligation result- ing from paragraph 2 shall apply to his co-pilot. Section 126. Civil Air Shows. (1) For competitions or exhibitions in which civil aircraft par- ticipate (civil air shows), permission shall be required notwithstand- ing other legal provisions. (2) Permission shall be denied when facts justify the assumption that the show might constitute a hazard to public safety and order and in particular to traffic safety. (3) The permission shall contain such conditions, terms or limita- tions as are required for the safe conduct of the air show. (4) When the civil air show extends over all Federal provinces, the Federal Ministry of Transport and Electric Power in concurrence with the Federal Ministry of the Interior shall be competent for the issuance of the permission; otherwise the provincial governor in whose jurisdiction the show is to be held. Section 127. Military Air Shows. With respect to the performance of military air shows (parades, exhibition flights, competitions and similar events) the Federal Ministry of National Defense shall obtain the concurrence of the Federal Ministry of Transport and Electric Power. Section 128. Launching of Captive Balloons and Kites. (1) The launching of captive balloons and kites within safety zones shall be forbidden. (2) Outside of safety zones, permission of the provincial povernor shall be required for the launching of captive balloons and kites if the captive balloon or kite is capable of rising more than 100 meters. (3) Permission shall be granted if the launching of a captive bal- loon or kite endangers neither air traffic nor persons or property on the ground. (4) The permission shall prescribe such conditions, terms or limita- tions as are required for the prevention of danger. PAGENO="0257" AIR LAWS AND TREATIES OF THE WORLD 251 Section 129. Flights of Model Aircraft. (1) Notwithstanding the provisions of section 22 and 23, permis- sion shall be required for flights of model aircraft. Outside of safety zones, this shall only be applicable when the weight of the model air- craft exceeds 5 kilograms and a speed of 30 kilometers per hour. (2) The authority competent for the issuance of the permission shall be: a) within safety zones, the authority competent for the designa- tion of the safety zone (section 87), b) outsideof safety zones, the provincial governor. (3) Permission shall be granted if public interests cannot be en- dangered by the model aircraft flight. The provisions of section 128, paragraph 4, shall apply accordingly. Section 130. Taking of Aerial Photographs. (1) For the taking of aerial photographs from civil aircraft as well for their dissemination, permission of the Federal Ministry of Na- tional Defense, in concurrence with the Federal Ministry of the In- terior, shall be required, notwithstanding any other legal provisions, and except as otherwise provided for in paragraph 2. (2) For aerial surveys from civil aircraft in flight, permission of the Federal Ministry of Trade and Reconstruction, in concurrence with the Federa.l Ministry of National Defense, shall be required, not- withst'indrng ~ny other Icoal pros isn~s \tTith respect to aerial sui veys from civil aircraft to be conducted by the Federal Office of Meas- ures and Surveys, concurrence shall be established between the Federal Ministry of National Defense and the Federal Ministry of Trade and Reconstruction. (3) Permissipns in accordance with paragraphs 1 and 2 shall be granted when there are no conflicting public interests. The permis- sion shall contain such conditions, terms or limitations as are required with regard to the public interest and the prevention of damage to third parties. C. OPERATION OF CIVIL A1RCRAFT Section 131. Operating Regulations. (1) In the operation of civil aircraft all precautionary measures required for the elimination of danger shall be taken. (2) The Federal Ministry of Transport and Electric Power shall issue by ordinance such operating regulations as are required to ensure safe operation of civil aircraft. Subject to regulation shall be in particular: a) flight planning and preparation, b) minimum weather conditions for landing, c) composition of flight crews, d) limit of safe operation for aircraft. e) special equipment. of aircraft on flights over water and un- developed areas as well as on high altitude flights, f) equipment of aircraft with flight and navigation instruments on flights operated under visual and instrument flight rales and at night, g) radio equipment of aircraft, h) maintenance of aircraft. C7717-61--17 PAGENO="0258" 252 AIR LAWS ~D TREATIES OF THE WORLD Section 132. Special Use of Civil Aircraft. (1) The permission of the Federal Civil Aviation Office shall be required for temporary use of civil aircraft, for a purpose other than licensed (sections 13 and 18), as, for instance, for towed flights or acro- batic flights. (2) Permission shall be granted when traffic safety is not en- dangered. The permission shall contain such conditions or limitations as are required with regard to air safety. Section 133. Jettisoning of Objects. (1) The jettisoning of objects or releasing of solid, liquid or gase- ous substances from civil aircraft in flight shall be forbidden unless necessary in connection with a rescue or emergency operation or for operational reasons beyond control. (2) Notwithstanding any other legal provisions, the provincial gov- ernor shall, upon request, grant exceptions from the prohibition stipu- lated in paragraph 1, if a danger to human life, health or property is not to be expected. The permission shall prescribe such conditions, terms or limitations as are required for the prevention of danger. Section 134. Transport Regulations. (1) In the transportation of persons or goods by civil aircraft all precautionary measures shall be taken which are required for the elimi- nation of danger. (2) The Federal Ministry of Transport and Electric Power, in concurrence with the Federal ministries concerned with regard to traffic safety, the interests of national defense as well as the safety of persons and property, shall regulate by ordinance the precautionary measures necessary for safe transportation of persons and goods by aircraft, in particular with respect to the carriage of: a) sick and frail persons, b) animals, c) photographic and surveying equipment, d) goods which, owing to their nature, are apt to create danger. D. INVESTIGATION OF ACCIDENTS IN CIVIL AIR TRAFFIC Section 135. Search and Rescue Measures. (1) The Federal Civil Aviation Office shall act as the coordinating center of all search and rescue measures in connection with a civil air- craft accident (search and rescue service). The same shall apply when an accident may be presumed. (2) The Federal Ministry of Transport and Electric Power shall issue by ordinance detailed provisions concerning the search and rescue service in accordance with safety of air traffic. Section 136. Duty to Report Accidents. It shall be the duty of: a) the responsible pilot, b) the operators of civil aircraft, c) the civil airport operators, d) the agencies of public safety, immediately to report accidents and incidents observed in civil avia- tion to the Federal Civil Aviation Office. PAGENO="0259" AIR LAWS AND TREATIES OF THE WORLD 253 Section 137. Aircraft Accident Investigation Commission. (1) Accidents of civil aircraft involving death or serious injury of persons or serious damage of aircraft, shall be investigated by an air- craft accident commission, notwithstanding any other inquiries made by the authorities. The purpose of the investigation shall be to sub- mit a report on the causes of the accident to the Federal Ministry of Transport and Electric Power and to propose measures for the pre- vention of such accidents. (2) The aircraft accident commission shall be appointed by the Federal Ministry of Transport and Electric Power for each accident separately. Oniy persons whose impartiality is beyond doubt shall be appointed. The aircraft accident commission shall be composed of an official of the Federal Ministry of Transport and Electric Power versed in the law, as chairman, and four additional members who shall be selected from a list of experts to be maintained at the Federal Ministry of Transport and Electric Power. Experts shall be entered on the list only after hearing the views of the Civil Aviation Advisory Board. (3) The Federal Ministry of Transport and Electric Power shall issue by ordinance detailed provisions with respect to the conduct of investigations taking into account the purpose of investigation. Section 138. Admission of Foreign Observers. The state of registry of a foreign civil aircraft which suffered an accident in the Federal territory shall be authorized to appoint an observer to be present at the accident investigation provided that in case of accidents of Austrian civil aircraft on the territory of that state, an Austrian observer is admitted to the accident investigation. International agreements providing otherwise shall not thereby be affected. PART IX-AUTHORITIES AND SPECIAL RULES OF PROCEDURE Section 139. Federal Civil Aviation Office. The Federal Civil Aviation Office shall have its seat in Vienna. It shall be directly subordinate to the Federal Ministry of Transport and Electric Power. Its scope of jurisdiction shall comprise the entire Federal territory. Procedure shall be governed by the laws on admin- istrative procedure. Section 140. Superior Authority and Appellate Procedures. (1) In matters of civil aviation, the Federal Ministry of Transport and Electric Power shall be the authority superior to the provincial governor and to the Federal Civil Aviation Office and shall be the first level of appellate authority. (2) In the cases of sections 9, 126, 128, 129, and 133, no appeal may be taken from the decision of the provincial governor. Section 141. Supervision. (1) Schools for civil air pilots, civil airdromes, and air transport enterprises shall be subject to supervision by the authority competent for the permission of operations (supervisory authority). (2) Operators of civil air pilot's schools, operators of civil airports and air transport operators shall give to the supervisory authority all PAGENO="0260" 254 AIR LAWS AND TREATIES OF THE WORLD information on their operations as required in the interest of traffic safety or air traffic statistics. In the case of juridical persons this obligation shall bernet by the responsible officers. (3) The supervisory authority shall cause the persons designated in the first sentence of paragraph 2 to take such measures as are required for the maintenance of air navigation. - (4) General stockholders' meetings and board of directors' meet- :rngs of capital stock companies operating civil air pilot's schools, civil :airports or air transport enterprises, shall be reported to the super- visory authority in due time and the background material necessary for the evaluation of the proposed decision shall be attached. (5) The supervisory authority may delegate a representative, ~versed in the law, to the general stockholders and board of directors meetings mentioned in paragraph 4. This representative shall be authorized to participate in an advisory manner in the general stock- holders' and board of directors' meetings and to demand such ex- planations as are required for the evaluation of the proposed decisions. (6) Otherwise, the provisions of section 104 of the Law of March 6, 1906, Government Law Gazette No. 58, on companies with limited liability, shall be applied accordingly. Section 142. Protection of Employees. (1) The scope of activity, the functions and duties of the author- ities entrusted with the safeguarding of the interests of employees shall not be affected by the provisions of this Federal Law. (2) The Federal Ministry of Transport and Electric Power, in con- currence with the Federal Ministry of Social Administration, shall issue by ordinance such provisions as are required for the protection of the life and health of the employees of the persons designated in section 141, paragraph 2, first sentence. Section 143. Civil Aviation Advisory Board; Members thereof. (1) The Federal Minister of Transport and Electric Power shall appoint a board of experts, the Civil Aviation Advisory Board, to advise him in civil aviation matters, composed of 12 members who are entitled to vote. The primary duty of the board shall be to give expert advice on drafting laws and ordinances concerning civil aviation. (2) In appointing these experts, the ratio of votes and the propo- sals of the political parties represented in Parliament (Nationalrat) shall be taken into consideration. A substitute member shall be ap- pointed for each member in accordance with the same principles. (3) The members and substitute members must be Austrian citi- zens. They shall be appointed from time to time for the duration of a legislative period of Parliament. (4) The members of the advisory board shall be entitled to com- pensation for travel and per diem expenses caused by the attendance of the meetings of the advisory board as well as to compensation for loss of earnings. (6) The chairman of the Civil Aviation Advisory Board shall be the Federal Minister of Transport and Electric Power. He may ap- point as his delegate an official of his Ministry. * (7) In case of need, the chairman of the Civil Aviation Advisory Board may also ask other experts to participate as nonvoting menibers. * PAGENO="0261" AIR LAWS AND TREATIES OF THE WORLD 255 (8) Committees may be formed to facilitate the work of the Civil Aviation Advisory Board. (9) Members and substitute members of the Civil Aviation Ad- visory Board shall be removed from office by the Federal Minister of Transport and Electric Power when they seriously violate the duties of their office. Section 144. Meetings of the Civil Aviation Advisory Board. (1) The Civil Aviation Advisory Board shall be convened by the chairman at least once every three months and in addition upon writ- ten request of half of the members of the advisory bOard. The ad- visory board members shall be convened and notified of the agenda in due time. (2) The meetings of the Civil Aviation Advisory Board shall not be public. The Federal Minister of Transport and Electric Power, on the occasion of the appointment of the board members and prior to attending the first meeting by the substitute members, shall receive their promise to observe silence about the matters brought to their knowledge in connection with their activities in the Civil Aviation Advisory Board. (3) For the decisions of the Civil Aviation Advisory Board a two- third majority shall be required. The chairman or his representative shall have no vote. Section 145. Special Mission Flights. (1) The provisions concerning controlled areas (section 3), air space restrictions (section 4), off-field landings and takeoffs (section 9), the civil airfield operating regulations (section 74, paragraph 1) and air traffic regulations (section 124) shall not be applicable to mili- tary aircraft in action: a) in accordance with section 2, paragraph 1, subparagraph b of the Defense Law, Federal Law Gazette No. 181 1955, or b) against aircraft. violating Austrian air sovereignty, and to civil aircraft of the Federal Government which are used to maintain public order and safety. (2) The Federal Ministry of the Interior shall obtain the concur- rence of the Federal Ministry of National Defense, concerning the entry of civil aircraft (within the meaning of paragraph 1), into re- stricted areas which, in accordance with section 5, paragraph 4, will be designated to prevent violations of air sovereignty or to prepare for an operation of the Federal Army in accordance with section 2, paragraph 1, subparagraph a, of the Defense Law, Federal Law Ga- zette No. 181/1955, in case of imminent danger. (3) Special mission flights in accordance with paragraph 1, shall be immediately reported to the nearest flight safety station by the authortiy which ordered the action (section 120, paragraph 1) where- by the presumable flight area shall be indicated. PART X-PENAL PROVISIONS Section 146. Prosecution of Offenses. (1) Any person who violates or tries to violate the provisions of this Federal Law or the provisions of ordinances issued under this PAGENO="0262" 256 AIR LAWS AND TREATIES OF THE WORLD Federal Law, shall commit an administrative offense, unless the facts are subject to prosecution by a regular court, and shall be subject to a fine of up to 300,000 schillings or to imprisonment up to 6 weeks to be imposed by the district administrative authority. In case of aggra- vating circumstances, both a fine and a prison term may be imposed. (2) Paragraph 1 shall not be applied to violations committed by members of the Federal Army in the execution of their duty. Section 147. Record of Penalties. (1) The Federal Civil Aviation Office shall maintain a record of all penalties imposed by force of this Federal Law. (2) The district administrative authority shall notify the Federal Civil Aviation Office of all penalties imposed by force of this Federal Law either by itself or by the superior appellate authority in penalty matters whereby the name of the person punished and the nature of the penalty shall be indicated. PART XI-FINAL AND TRANSITIONAL PROVISIONS Section 148. Entry into Force. This Federal Law shall enter into force on January 1, 1958. Section 149. Existing Authorizations. (1) Existing authorizations issued under previous laws regulating the subject matter of this Federal Law, unless Otherwise provided for by paragraph 3 and by section 150, paragraph 1, shall expire six months after the entry into force of this Federal Law. Up to that time the provisions of this Federal Law `shall be applied to such authorizations. (2) The holder of an authorization specified in paragraph I shall have a legal claim to the issuance of an authorization of the same con- tents in accordance with the provisions of this Federal Law, provided that he files an appropriate application with the authority competent for the issuance of the authorization within the period given under paragraph 1. (3) If the application. is filed in accordance with paragraph 2, the authorization designated in paragraph 1 shall expire after issuance of the authorization in accordance with paragraph 2. (4) Documents and official acts required for the implementation o~ paragraph 2 shall not be subject to Federal fees. Section 150. International Air Traffic. (1) Operating rights granted to foreign air transport enterprises on the basis of international air transport agreements, shall not there- by be affected. (2) The rights granted to the Federal Government by international `air transport agreements, in particular the right to designate Austrian air transport enterprises for the purpose of operating the inter- national air services specified in such agreements, shall not thereby be affected. Section 151. Liability. ., ` (1) The previous legal provisions governing `aviation liability and the obligation to take out liability and accident insurance in aviation PAGENO="0263" AIR LAWS AND TREATIES OF THE WORLD 257 shall remain unchanged, unless other wise provided for in this Fed- eral law. The Reichsmark amounts mentioned therein shall be re- placed by schilling amounts which are six times the Reichsmark amount. (2) Whenever there is an obligation to take out liability insurance under the provisions of this Federal Law or pursuant to ordinances or decrees to be issued on the basis thereof, the activity covered by the insurance may not be carried out as long as the liability has not become effective. Section 152. Abrogation of Previous Legal Provisions. (1) With the entry into force of this Federal Law all previous pro- visions regulating the subject matter of this Federal Law shall be abrogated, unless otherwise provided for in this Federal Law, in particular: a) The air traffic law in the version of the promulgation of August 21, 1936 (German Government Law Gazette I, page 633), and the laws of Sept. 27, 1938 (German Government Law Gazette I, page 1246) and of Jan. 26, 1943 (German Government Law Gazette I, page 69) with the exception of the first, second, third, and fifth sub-chapters of the second chapter; b) the ordinance on air traffic of August 21, 1936 (German Government Law Gazette I, page 659) in the version of the ordinances of March 31, 1937 (German Government Law Gazette I, page 432), of July 12, 1937 (German Government Law Gazette I, page 815), of December 15, 1937 (German Government Law Gazette I, page 1387), and of Sept. 30, 1938 (German Govern- ment Law Gazette I, page 1327) with the exception of chapter "K"; c) the law concerning the powers of the aviation authority in the execution of air control (Air Control Law) of Feb. 1, 1939, German Government Law Gazette I, page 131; d) the implementation ordinance of the law concerning the powers of the aviation authority in the execution of air control (Air Control Law) of Feb. 1, 1939, German Government Law Gazette I, page 134.: (2) The provisions of the Treaty concerning the re-establishment of an independent and democratic Austria, Federal Law Gazette No. 152/1955, shall not thereby be affected. Section 153. Implementation. (1) The implementation of this Federal Law, unless otherwise provided for in this Federal Law, shall be entrusted, in the field of civil aviation, to the Federal Ministry of Transport and Electric Power and in the field of military aviation, to the Federal Ministry of National Defense. (2) The Federal Ministry of Justice shall be entrusted with the implementation of the civil provisions contained in this Federal law. (3) The Federal Ministry of Transport and Electric Power, in concurrence with the Federal Ministry of Finance, shall be entrusted with the implementation of section 151, paragraph 1, and the laws designated in this provision, in so far as applicable to civil aviation and not otherwise provided for in paragraph 2. PAGENO="0264" 258 AIR LAWS AND TREATIES OF THE WORLD (4) The Federal Ministry of the Interior, in concurrence with the Federal Ministry of Transport and Electric Power, shall be entrusted with the implementation of section 145, in so far as the use of civil aircraft of the Federal Government is concerned. The Federal Mm- `istry of the Interior, in concurrence with the Federal Ministry of National Defense, shall he entrusted with the implementation of sec- tion 145, paragraph 2. PAGENO="0265" BELGIUM LAW OP JUNE 27, 1937, REVISING THE LAW OF NOVEMBER 16, 1919, CoN- CERNING REGULATION OF NAVIGATION IN THE AIR1 CHAPTER I-GENERAL PROVISIONS Article 1. For the application of this law there shall be deemed to be: Aircraft, all machines able to fly in the atmosphere by reaction of the air; Aircraft of the State, military aircraft or those used in services of the State, such as police or customs; Private aircraft, all aircraft other than aircraft of the State; Operator of an aircraft, any person who has the power of disposi- tion over [an aircraft] and who uses it on his own account; in the case where the name of the operator is not registered in the aviation regis- ter or on any other official document, the proprietor shall be presumed to be the operator unless there is proof to the contrary; Captain, any person given that power by the operator or, in his absence, the first pilot; Airdrome, either any center of air traffic, including the installations necessary for such traffic, or any land or water surface equipped, even though only temporarily, for the land and take-off of aircraft. Except where otherwise provided, the provisions of this law shall apply only to private aircraft. Article 2. Navigation of national aircraft over the territory of the KingdOm shall be free except for the restrictions imposed by this law and those imposed by royal decree; For the application of this law, the territory of the Kingdom shall include the territorial waters adjacent to such territory. Article 3. Navigation of foreign aircraft over the territory of the Kingdom shall be subject to authorization by the Minister charged with the administration of aviation. Such authorization shall not be required for navigation by aircraft registered in States with which pertinent reciprocal agreements have been concluded. The flight of foreign military aircraft over the territory of the Kingdom shall be subject to authorization by the Minister of National Defense. Article 4. The flight over all or part of the territory of the Kingdom may be prohibited by the King both to national and foreign aircraft. Article 5. There shall be issued by royal decree all regulations con- cermng air navigttion `tnd particularly those in regard to aircraft, flight pei sonnel air navigation and traffic, public property and serv ices concerned with such traffic, regulatory fees, taxes, levies, or dues to which the use of such public property and services is subject. 1-published in Moniteur beige, July 26, 27, 1937. 259 PAGENO="0266" 260 MR LAWS AND TREATIES OF THE WORLD Article 6. Registration of an aircraft in conformity. w-iththe regu- lations issued in application of this law shall confer Belgian nation- ality [on such aircraft]. Article 7. Births or deaths that occur on board a Belgian aircraft in flight shall be deemed to occur on the territory of the Kingdom. As soon as possible, and not later than within three days, a report shall be made and recorded in the log book by the aircraft captain,. in -the presence of two witnesses and, in case- -of a- birth, if possible-. in the presence --of---the father of the -child. - Such record in the log book shall be signed by the captain, by the witnesses and, if possible,. by the father of the child. - The captain shall transmit two true copies of the report thus re- corded, signed and certified by his hand, at his first landing in the - Kingdom or, as the case may be, in the Colony and territories under mandate of Belgium, to the nearest recording officer (officier de l'état.-. civil) -; - a-broad, to the nearest Belgian diplomatic agent or career - consular agent. One copy of such transmittal shall be recorded on the register of the recording officer or the diplomatic agent or career - consular agent and the other shall be sent by them to the Minister charged with the administration of aviation, who shall forward it - for recording in the registers, depending on the situation, either to the recording officer of the domicile of the father of the child or of his mother if the father is unknown, or to the recording officer of the domicile of the deceased. In the case of the disappearance- during a flight of a person- aboard a Belgian aircraft, the captain shall record in the log book a report containing all facts known to him about the identity of the disap- peared person, the place, date and hour of his departure [on the air- craft] and of his disappearance, his probable destination, the route followed by the aircraft, the circumstances of the disappearance or its discovery. If possible, the original report shall be drawn up in the presence of two persons on board and shall be signed - by them - and by the captain;- the latter shall make two true copies thereof signed and certified by his hand. At the first landing in the Kingdom such copies shall be deposited with the aviation authority or, in it-s - absence, with the nearest judicial authority. Such [authority] shall,. without delay, transmit one such copy to the King's attorney [pro-- cureur du Roi] and the other to the Minister charged with the adrninis- tration of aviation. The latter shall transmit an identical certified copy to the King's attorney of the domicile of the disappeared per- son and, in the case of a foreigner, to the consular authority of his: country. When the first landing after discovery of the disappearance takes place in the colony or the territories under mandate of Belgium, the two identical certified copies shall be deposited with the -nearest ter- - ritorial authority and, using therefor the safest and fastest means,. - transmitted by the latter to the provincial commissioner who shall im- mediately send them to the Governor General; one such copy shall be sent to the Minister charged with the administration of aviation in the Kingdom and the other shall be deposited in the archives of the government general of the Congo. When the first landing after discovery of the disappearance takes place abroad, the two cert-ified copies shall, by the safest and fastest PAGENO="0267" AIR LAWS :AN~ TREATIES OF THE WORLD 261. means, be transmitted to the nearest Belgian diplomatic or career consular agent who, after notifying the judicial authorities of the country to which he is accredited, shall immediately send one of these copies to the Minister charged with the adniinistration of aviation or, if the disappeared person is a foreigner, to the consular authorities of the country of which the disappeared person was .a national, and the other copy shall remain in the archives of the diplomatic or consular post. In addition, an inventory shall be made and signed by the captain and the witnesses of the property left in the aircraft by the deceased or disappeared person. This inventory shall be attached to the log book and a copy thereof shall be attached to the report sent to the authorities that have jurisdiction [over the matter]. The captain shall be the depository of the property left in tile air- craft and ensure its preservation until he is officially relieved. Artwle 8 All legal provisions concerning import, export and tran- sit shipments of goods by land and water shall apply to entering, leav- ing and transit by air. Specially adapted air traffic regulations may be issued by royal decree. Aircraft used for a temporary stay on the territory of the Kingdom may be admitted on a temporary duty-free license while conditions thereof are being determined by the Minister of Finance. The latter shall also determine the conditions under which aircraft used for trips abroad may be re-imported free of duty. Article 9. When a route is prescribed for aircraft flying over the territory of the Kingdom without a planned landing, such aircraft must follow the prescribed route and, if they are under such an obliga- tion, make themselves known by signals when passing over points designated for that purpose. If they receive the order, they must land on the nearest customs airport. Article 10. Legal relationships existing between persons aboard an aircraft in flight shall be deemed to have arisen on the territory of the country whose nationality the aircraft has, unless the persons con- cerned have agreed to apply a specific law. When the Belgian courts have jurisdiction, the court of the place of landing shall have venue. CHAPITR Il-CRIMINAL PROVISIONS Article 11. There shall be punished by imprisonment of from, one day to seven days and by a fine of from ten francs to twenty-five francs or by only one of these penalties: 1. Any captain who undertakes a flight without having aboard the documents prescribed by the regulations; 2. Any captain who violates the regulations concerning the keeping of flight or other documents concerning the aircraft; 3. Any operator of an aircraft who, upon request by the competent authorities, does not produce the flight papers and documents con- cerning the engines and equipment of an aircraft during the period of. time prescribed for the preservation of such documents. Article lid. There shall be punished by the penalties provided for in the preceding article any person who, in violation of the regulations, or of the orders or instructions lawfully given by the competent offi- PAGENO="0268" 262 AIR LAWS AND TREATIES OF THE WORLD cials, transports on board an aircraft photographic or motion picture equipment or makes use of such equipment. Article 13. There shall be punished by imprisonment of from one day to seven days and by a fine of from ten francs to twenty-five francs, or by only one of these penalties, any person who enters or moves about on an airdrome or an area of an airdrome not open to the public, or who, without authorization, uses an airdrome for purposes for which it is not intended. The imprisonment shall be from eight days to one year, and the fine from twenty-six francs to one thousand francs when the act is committed by breaking and entering, or by means of a false key, or durin.g the night, or with fraudulent intent, or an intent to do harm, or by means of violence or threats. Article 14. There shall be punished by imprisonment of from eight days to one year and by a fine of from twenty-six francs to one thousand francs, or by only one of these penalties: 1. Any captain wko lands on, or takes off from an airdrome with- out prior authorization from the competent authority; 2. Any captain who undertakes a flight with an aircraft that is not registered or does not have either a license or a certificate of air- worthiness, or whose license or certificate of air-worthiness has expired; 3. Any captain who, without obtaining the necessary authoriza- tions, uses an aircraft for commercial transportation of persons or goods, or for aerial work such as instruction, photography, publicity or advertising. If there was a passenger on board, the maximum imprisonment shall be raised to three years and the maximum fine to five thousand francs. There shall always be a prison sentence. There shall be punished by the same penalties any operator who knowingly permits such take-off or landing. Article 15. There shall be punished by imprisonment of from eight days to one year and by a fine of from twenty-six francs to one thou- sand francs, or by only one of these penalties, any captain or operator of an aircraft who fraudulently destroys the flight logs or documents, or any other document concerning an aircraft before the expiration of the validity of the documents or of the period during which they must be preserved. Article 16. There shall be punished by imprisonment of from eight days to one month and by a fine of from twenty-six francs to one thousand francs, or by only one of these penalties, any captain of an aircraft in flight that does not bear the distinctive marks assigned to it. If such act is unintentional, there shall be only a fine. There shall be punished by imprisonment of from three months to five years, and by a fine of from one hundred francs to five thousand francs, any captain who knowingly alters or disguises the distinctive marks assigned to an aircraft or who uses an aircraft whose distinc- tive marks have been altered or disguised. There shall be punished by the same penalties any operator of an aircraft who knowingly permits such take-off. PAGENO="0269" AIR LAWS AND TREATIES OF THE WORLD 263 Article 17. There shall be punished by imprisonment of from eight days to one year and by a fine of from twenty-six francs to one thou- sand francs, or by only one of these penalties, any person who pilots an aircraft without possessing the warrants and licenses of qualifica- tion required by the laws and regulations. Imprisonment shall be not less than fifteen days and the fine not less than three hundred francs if, at the time when the unlawful act was committed, there was a passenger aboard the aircraft. There shall be punished by the same penalties, any person who, in whatever manner, aids or abets the unlawful act specified in the pre- ceding paragraphs. Article 18. There shall be punished by a fine of from twenty-six francs to one thousand francs, and by imprisonment of from eight days to five years, any person who, without authorization from the operator, uses an aircraft or attempts to use it. Article 19. There shall be punished by imprisonment of from fif- teen days to one year and by a fine of from one hundred francs to one thousand francs, or by only one of these penalties, any captain who pilots an aircraft despite the withdrawal of his license. Imprisonment shall be not less than three months and the fine not less than one thousand francs, if, at the time when the unlawful act was committed, there was a passenger aboard. There shall always be a prison sentence. Article ~2O. There shall be punished by imprisonment of from eight days to three years and by a fine of from twenty-six francs to three thousand francs, or by only one of these penalties, any captain who violates the provisions of the decrees issued in application of Article 4 of this law. In the case of escape or refusal to land, he shall b~ sentenced to imprisonment of from six months to five years and to a fine of from one thousand francs to five thousand francs. Any captain who violates the provisions of this article shall land on the nearest Belgian customs airport or on such airport as may be indicated to him. If he has noticed that he is over a prohibited area, he shall give a distress signal and shall land forthwith. If he has not noticed it, he shall land as soon as he is asked to do so. Article ~21. There shall be punished by imprisonment of from eight days to one year and by a fine of from one hundred francs to one thousand francs, or by only one of these penalties, any captain who violates the regulations concerning lights and signals or the naviga- tion of aircraft. Article 22. There shall be punished by imprisonment of from eight days to one year and by a fine of from twenty-six francs to one thou- sand francs, or by only one of these penalties, any captain who loads or unloads passengers or goods in violation of any regulations. Article 23. There shall be punished by imprisonment of from eight days to one year and by a fine of from twenty-six francs to one thou- sand francs, or by only one of these penalties, any captain who flies over an inhabited area or any other place populated at the time of the flight, such as a beach, race course, or stadium, at an altitude which is less than that prescribed in the regulations. PAGENO="0270" :264 AIR LAWS AND TREATIES OF THE WORLD Article 24. There shall be punished by the penalties specified in the preceding article: 1. Any captain, who unnecessarily makes a flight or a maneuver of a kind that endangers persons aboard the aircraft or persons and property on the ground; 2. Any person who, without authorization, uses an aircraft for * gymnastics or balancing exercises. Article 25. There shall be punished by the same penalties, any cap- tain who performs, over an inhabited area, any exercises considered -acrobatic, particularly those involving abrupt changes in altitude or position of the aircraft, or maneuvers of a kind that creates a danger for public safety. Article 26. There shall be punished by a fine of from one hundred francsto five thousand francs and by imprisonment of from eight days to one year. or by only one of these penalties, any person who, without authorization, organizes shows or exhibitions involving maneuvers of aircraft, exercises considered acrobatic or demonstrations of parachute jumping, and [there shall be the same penalties for] any person who participates in such shows, exhibitions, exercises, or demonstrations. Article 27. There shall be punished by imprisonment of from eight days to one year and by a fine of from twenty-six francs to one thou- sand francs, or by only one of these penalties: 1. Any person who is on board an aircraft without being able to justify his presence by a regular flight ticket or by the consent of the operator or the captain; 2. Any person who does not comply, or refuses to comply with the instructions given by the captain or the person in charge regarding the safety of the aircraft or of the passengers; 3. Any person who enters an aircraft either in a condition of drunk- enness, or under the influence of narcotics or gets into such a condition during the flight. In the case of repetition within five years, there shall always be a prison sentence. Article 28. There shall be punished by a fine of from one hundred francs to one thousand francs, any pe.rsoii who throws or lets fall, from an aircraft in flight, any object liable to cause damage to another person. Article 29. There shall be punished by imprisonment of from eight days to one year and by a fine of from one hundred francs to one thou- sand francs, or by only one of. these penalties, any person who, without authorization, transports by aircraft or loads aboard an aircraft for transportation, any explosives, weapons, or munitions of war, mail and postal dispatches or any other object or matter whose transporta- tion by air is prohibited by the laws, regulations, or instructions. Article 30. There shall be punished by confinement any person who deliberately impairs the airworthiness or the safety of an aircraft. If the act causes bodily injuries, the guilty, person shall be sentenced * to forced labor of from ten to twenty years. .` `. * If the act leads to the death of a person,. the guilty person shall: be sentenced to forced labor for life. . * .. 4~rticl,e 31., There, shall be punished. by imprisonment of from eight days to six months and by a fine `of from twenty-six francs to three hundred francs, or by only one of these penalties, any person who, PAGENO="0271" AIR LAWS AND TREATIES OF THE WORLD 265 without intent or because of lack offoresightor precauti'ons,-commits an act of a kind that imperils persons aboard an aircraft. if bodily injuriesresult from the accident, the guilty person shall be punished by imprisonment of from one month to three years and by a fine of from fifty francs to one thousand francs. if the accident causes a death, imprisonment shall be from six months to five years and the fine from one hundred francs to one thousand francs. Article 3~. If there is no special punishment under this law, viola- tions of the provisions of royal decrees issued in application of this law shall be punished by imprisonment of from eight days to one year and by a fine of from twenty-six francs to one thousand francs, or by only one of these penalties. Violations of the regulations issued by the Minister charged with the administration of aviation shall be punished by imprisonment of from one day to seven days and by a fine of from one franc to twenty- five francs, or by only one of these penalties. Royal or ministerial ordinances which, in exceptional circumstances, temporarily prohibit the flight of aircraft over certain areas of the ter- ritory, or which provide for other urgent measures with immediate effect, shall determine the manner of their publication, such as radio or placing on view at the airdromes, by which, because of their ur- gency, they shall be brought to the knowledge of the persons conS cerned. Article 33. Any captain who has been sentenced for a violation specified in this law or by the ordinances issued for its application, and who commits a new violation of such law or ordinances within five years counting from the day when he has suffered the penalty or when the statute of limitations has run, may be sentenced to a penalty of twice the maximum prescribed for the violation. Article 34. All provisions of the First Book of the Criminal Code shall apply to violations specified in this law and in the ordinances issued for its application. However, in case of a misdemeanor, the court may decide that Ar- tide 43 of the Criminal Code shall not apply. Article 35. The penalties provided for in this law shall be imposed without thereby affecting the application of those provided for in other criminal or fiscal laws. * Furthermore, they shall be imposed without thereby affecting ad- ministrative or disciplinary sanctions and damages, if any. Article 38. Violations committed aboard a Belgian aircraft in flight shall be deemed to have been committed in Belgium and may be prosecuted there even if the accused is not found on the territory of the Kingdom. For the prosecution of such violations and of those specified in this law and the ordinances issued for its application, there shall have jurisdiction the. King's attorney or the representative of the Public Ministry at the police court at the place where the violation was com- mitted, at the place of residence of the accused, at the place where he may be found and, lacking any of the above, that at Brussels. * Articles 6 to 13 of. the Law of April 17, 1878, which constitutes * the preliminary title of the Code of Criminal Procedure, shall apply to violations committed aboard a foreign aircraft in flight in such PAGENO="0272" 266 AIR LAWS AND TREATIES OF THE WORLD manner as if the act had been committed outside the territory of th~ Kingdom. However, ~ person guilty of a crime or misdemeanor com- mitted aboard a foreign aircraft in flight may be prosecuted in Bel- * gium if he or the victim has Belgian nationality or if the craft lands in Belgium after the violation. For the prosecution of violations specified in the preceding para- graph, there shall have jurisdiction the King's attorney at the place of residence of the accused, or at the place where the accused may be found, or at the place of landing and, lacking any of the above, the King's attorney at Brussels. Article 37. Aircraft whose flight documents as prescribed by the regulations are not produced, or whose registration marks do not agree with those on the registration certificate, may, at the expense ~nd the risk of the operator, be det'uned by the authorities charged with supervision and with policing air navigation until the identity of the craft or the operator has been determined. Aircraft which do not satisfy the regulations pertaining to air- worthiness or for which fees, taxes, dues, or regulatory charges have not been paid, may also be detained under the conditions determined by the regulations until such regulations have been complied with. Article 38. The office of chief inspector and inspector of air police may be conferred by royal ordinance on certain officials of the ad- ministration of aviation. Royal ordinances making such appointments shall determine the place of residence of such officials and shall designate the inspectors under the jurisdiction of each chief inspector. Article 39. The chief inspectors and inspectors shall have the power of an officer of the judicial police, auxiliary to the King's attorney. They shall be sworn before the trial court at the district of their residence. However, their jurisdiction shall not be limited to the district of such courts. In case of change of residence, the record of their having been sworn shall be registered with, and certified to the clerk of the trial court to which the new place of residence belongs. Article 40. Chief inspectors and inspectors of the air police shall pursue, and record in reports that are prima facie evidence until the contrary is proved, any crimes, any misdemeanors or police violations * on airdromes and installations thereof, or aboard any aircraft, and any violations of laws or regulations pertaining to air navigation which they might be asked to investigate at any place in the Kingdom. For the pursuit of crimes and misdemeanors on airdromes and in- stallations thereof and on board of aircraft, they shall have equality with, or even precedence over all other officers of the judicial police, with the exception of King's attorneys and magistrates, justices of the peace and the judicial officers of the prosecutor's offices. They shall have power to seize aircraft, explosives, weapons and munitions, photographic equipment, films, and sketches, and all ob- jects found in violation of provisions of law or the regulations. When a violation specified in the litw or the ordinances issued for its application is punished only by police penalties, the violator shall have the right of immediately paying the maximum fine and costs to ths police officer. Such payment shall prevent further proceedings. PAGENO="0273" AIR LAWS AND TREATIES OF THE WORLD 267 Article 41. Inspectors shall submit to the chief inspector all their reports within twenty-four hours. Such reports shall be transmitted without delay to the officer rep- resenting the public Ministry at the police court, or to the King's attorney, depending on whether it is a simple violation or a misde- meanor. Article 42. There are abrogated the Law of November 16, 1919, concerning regulation of air navigation and the Law of July 22, 1924, conferring on certain members of the administration of aviation the pcwers of officer of the judiciary police. A royal decree shall fix the date on which this law will enter into force. LIsT OF. OTHER LAWS The Belgian Air Code, issued by the Ministry of Communications, Administration of Aviation, contains, in addition to the Law of June 27, 1937, reproduced herein in translation, the following laws, ordi- nances and regulations: Royal Decree of March 15, 1954, regulating air navigation (Mon- iteur beige, March 26, 1954); Ministerial Decree of January 16, 1957, designating customs air- ports (Moniteur beige, January 19, 1957); Royal Decree of June 11, 1954, prohibiting flight over certain parts of the territory of the Kingdom (Moniteur beige, July 4, 1954); Royal Decree of April 14, 1958, prohibiting flight over certain parts of the territory of the Kingdom (Moniteur beige, April 20, 1958); Ministerial Decree of July 9, 1957, defining visual signals to be used in air traffic (Moniteur beige, September 13, 1957); Ministerial Decree of July 9, 1957, prescribing position lights for certain aircraft (Moniteur beige, September 13, 1957); Royal Decree of April 6, 1959, fixing fees for the use of certain pub- lic services pertaining to aerial navigation (Moniteur beige, May 1, 2, 16, 1959); Royal Decree of March 15, 1954, fixing fees for the use of airdromes administered by the Administration of Airways (Moniteur beige, March26, 1954); Decree of the Regent of January 10, 1950, fixing taxes for checking and supervision in regard to the inspection of radio installation on board of aircraft (Moniteur beige, February 4, 1950); Law of April 30, 1947, ratifying the International Civil Aviation Convention, signed in Chicago on December 7, 1944 (Moniteur beige, December 2, 1948). 67717-4~1--18 PAGENO="0274" BRAZIL BRAZILIAN CODE OF THE AIR OF JUNE 8, 1938 (As AMENDED TO 1947)1 DECREE-LAW NO. 483 OF JUNE 8, l938~ TO ENACT THE BRAZILIAN CODE OF THE AIR The President of the Republic of the United States of Brazil, by virtue of the powers vested in him by Article 180 of the Constitution: Whereas it is necessary to provide the nation witk a law for the efficient regulation of civil and commercial aviation: Whereas the Brazilian law should embody the progress made in civil and commercial aviation throughout the world: Whereas it is equally necessary that the Brazilian law be in har- mony with the most recent conventions and with the present develop- ments in aviation law: Resolves to decree the following Brazilian Code of the Air which has been signed by the Ministers of State. BRAZILIAN CODE OF THE AIR Art. 1. The United States of Brazil shall exercise complete and total exclusive sovereignty over the airspace above its territory and the respective territorial waters. Art. 2. The law of the air shall be subject to the conventions and treaties to which Brazil has adhered or which it has ratified, and to the present Code. Art. 3. With respect to legislative or administrative matters, the law of the air shall be a matter of exclusive Federal jurisdiction. Sole Paragraph. Functions of an administrative character may be delegated to the States of the Union so long as they are exercised sub- ject to the supervision of the proper Federal authorities. Art. 4. Military aircraft shall be considered a part of the territory of the country to which they belong no matter where they may be found, and, any other type of aircraft shall be so considered when over the high seas or over territory not belonging to any country. Art. 5. Military aircraft shall be considered to be upon territory of the subjacent country whether in flight over it or after landing. Art. 6. Acts shall be deemed to have been done in Brazil even when done on an aircraft which is considered foreign territory, if such acts have or tend to have consequences of a criminal nature or if they result in injury within the national territory. Sole Paragraph. If such acts should originate on an aircraft which is considered Brazilian territory, but if their consequences touch upon foreign territory, they shall be subject concurrently to the Brazilian laws and to the laws of the foreign state. 1 Published in Diarlo Oficial of June 27, 1938. 268 PAGENO="0275" AIR LAWS AND TREATIES OF TIlE WORLD 269 Art. 7. Rights pertaining to real property and interests of a private :nature in aircraft shall be regulated by the law of its nationality. Sole Paragraph. A change of nationality shall not prejudice rights previously acquired. Art. 8. Seizure or other procedures referred to in Title 11, Chapter 2, of this Code shall be subject to the law of the place where the air- craft is found. Art 9 With respect to a contract of air transportation, the rules which regulate clauses releasing the liability of an aircarrier, fixing limits of liability lower than those established in this Code, or pro- viding judicial proceedings for the deprivation of jurisdiction of the point of destination shall be a matter of public international law. TITLE I-PUBLIC AIR LAW CHAPTER I-THE NATIONAL COUNCIL OF AERONAUTICS (As `imended by Decree No 2961 of January 20, 1941) Art. 10. There is hereby instituted the National Council of Aero- nautics, with its central office in the Capital of the Republic which shall be composed of native Brazilians of acknowledged moral fitness and competence in matters of aeronautics, whether tecimical, eco- nomic, or legal. Sole Paragraph. The members of the Council shall be six in number: three selected by the Government from among Brazilians who meet the requirements set forth in this article; a high official in the Ministry of Highways and Public Works who is a specialist in matters pertaining to aviation; a high Army officer with training in aviation and of field rank; a high naval officer with training in avia- tion at the Naval War College. The nomination of all members of the Council shall be made by the Ministers of. Highways and Public Works, of War, and of the Navy. Art. 11. The National Council of Aeronautics, which shall function under the supervision of the Minister of Highways and Public Works and which shall be the administrative agency of the Government in matters pertaining to aviation, shall- a) study the coordination of the activities of those public ad- ministrative agencies dealing with matters pertaining to avia- tion; b) plan and present to the Govermnent measures designed to facilitate air transportation and its development in Brazil; c) study and render opinions on .the suitability and advisa- bility of ratification by the Brazilian Government of interna- tional conventions and agreements relative to air navigation, hav- ing recourse to the documents available in seats of learning and international organizations; .d) establish rules and principles which. are to guide Brazilian delegates at international congresses and conferences on air navigation. . Art. 12.. In addition, the National Council of Aeronautics shall- a) render opinions with . respect to proposed laws and regula- tions pertaining to air navigation, which the Government may submit for its examination; PAGENO="0276" 270 Arn LAWS AND TREATIES OF THE WORLD b) state its position on matters which the Minister of Highways and Public Works, either on his own motion or upon request of any Minister of State., may deem convenient to submit for the consideration of the Council; c) render opinions on such questions as may be raised by the public administrative agencies with respect to the application of conventions of this Code, or of laws and regulations relative t& air navigation, by means of consultations initiated by the Min- ister of Highways and Public Works. Art. 13. The National Council of Aeronautics shall be empowered,. whenever it deems it convenient, to summon on its own initiative and for its purposes of information any person who by reason of special knowledge might be able to aid in the clarification of problems sub- mitted to it for its consideration. Art. 14. The members of the Council shall serve for a term of five years subject to reappointment. Art. 15. The National Council of Aeronautics, with the aid of a permanent Secretary without vote, shall meet at least once a month in regular session, and, in extraordinary session, whenever it shall be deemed necessary. Art. 16. The Council shall establish working methods and regulate its operations by means of internal rules. Art. 17. The permanent Secretary of the Council shall be appointed by the Minister of Highways and Public Works from officials on the staff of his Ministry; and the personnel necessary to carry out the functions of the Council shall be selected by this person from officials on the staff of the Ministries of War, Navy, and Highways. CHAPTER Il-AIRCRAFT Art. 18. For purposes of this Code, an aircraft shall be deemed every and any machine, suitable for transportation, which may rise and be flown in the airspace. Art. 19. Aircraft shall be classified as public or private: 1. The following shall be deemed public aircraft: a) military aircraft; b) those which may be used by the State in the public service. 2. All others shall be deemed private aircraft. Sole Paragraph. However, all aircraft commanded by persons on active duty with the National Armed Forces shall be deemed mil. itary; aircraft engaged exclusively in commercial or postal service shall be deemed private aircraft when operated by civilians. Art. 20. Aircraft shall be deemed of the nationality of the State in which its certificate of registry is properly recorded, and they may not fly over Brazilian soil unless they have a nationality and one nationality only. Sole Paragraph. Cases involving training flights by duly author- ized aircraft shall be resolved according to the provisions of the regu- lations to be promulgated for this purpose. Art. 21. Aircraft of nations which are signatory parties to inter- national conventions ratified by Brazil, or to which it has adhered shall be permitted to fly over Brazilian soil, when this authorization has been given, or when there is special temporary authorization for this purpose. PAGENO="0277" AIR LAWS AND TREATIES OF THE WORLD 271 Art. 22. Aircraft may be registered with the Brazilian Registry of Aircraft as private aircraft when it is owned exclusively: a) by a Brazilian; b) by a Brazilian legal entity with its main office in Brazil and with the sole management in the hands of Brazilians, and when at least 1/3 of the entity's capital is owned by Brazilians domiciled here. Art. 23. In acèordance with the pertinent special regulations, all aircraft shall display distinctive registration markings so that they may be identified in flight. Sole Paragraph. This requirement shall not extend to military aircraft whenever that is deemed expedient by the proper authorities. Art. 24. All private aircraft must be furnished with certificates of airworthiness and registration and, when needed, with additional documents, in the manner and form prescribed by the administrative regulations. Art. 25. The presence of radio communications equipment shall be required on board a private aircraft intended for transportation for hire with room for more than four passengers and with a range exceed- ing 200 Km., and the installation of such equipment shall always be contingent upon prior authorization. Art. 26. The registration in the Brazilian Registry of Aircraft in accordance with Article 22 carries with it the automatic cancellation of any prior registration. Sole Paragraph. The Brazilian Aircraft Registry shall be public, enabling any person to obtain a certified copy of matters recorded therein. Art. 27. Any legal act or event which may change the legal situa- tion of an aircraft shall be recorded in the Brazilian Registry of Air- craft and shall be noted in the certificate of registration. CHAPTER 111-AIRMEN Art. 28. For purposes of this Code, the commander, pilot, naviga- tor, mechanic, and radio operator actually serving the aircraft shall be deemed airmen and when provided with proper certificates of fit- ness and licenses, shall constitute the crew of the aircraft. Art. 29. Certificates of fitness or licenses issued by a foreign gov- ernment shall be of the same force and effect as domestic ones, by virtue of international conventions or of a decision of the competent authority. CHAPTER IY-GROUND UNITS Art. 30. Ground units shall be deemed airports, airdromes, customs airports and services which are necessary to, and which complement air navigation. Art. 31. Airports or airdromes, depending on their use, shall be the land, water, or river areas constructed or adapted for aircraft to land or take off. Paragraph 1. Airports shall be intended for public traffic and shall be open to any aircraft without discrimination as to ownership or nationality provided a landing fee is paid. PAGENO="0278" 272 Am LAWS AND TREATIES OF TBE WORLD Paragraph 2 Airdromes may be designated for private use and may not be used by aircraft in commercial service. Paragraph 3. A customs airport shall be any airport at which aircraft. entering or departing from the national territory are required to land. . . . Art. 32. Accessory and complementary services shall be . weather information services, radio-communications, guiding facilities for day or night flying, or any other services necessary for the safety and dependability of air navigation Art 33 Ground facilities intended for use by private aircr'ift may be established with prior authorization and they shall operate subject to inspection by the competent authority Sole Par'tgraph The authorization m'ty be withdrawn at any time if facts which put in question the safety of air navigation aie discovered. Art. 34. Privately owned ground facilities, when expropriated by the government in whole or in part, shall be open to the public for air navigation for a fee to be established, which shall be uniform throughout the national territory for private aircraft of the same type. Art 35. Brazilian public aircraft shall have the right to land on any airport or airdrome without payment of a fee. CHAPTER V-SCHEDULED AIR LINES Art. 36. Scheduled airlines whether they have to land or not on the subjacent soil, shall be required to obtain a permit from the Brazilian Government from the time they enter Brazilian territory. Art. 37. For purposes of granting a permit to a scheduled airline, proof of moral fitness and technical and financial capacity shall be required, and the Government shall have discretion to grant or to deny the permit in accordance with the demands of the public inter- est, and provided the following conditions have been met: a) when they have proved by genuine and sufficient documents that they are properly organized in accordance with Article 22, clause b) of this Code if Brazilian, and if foreign as provided in Article 146 of the Constitution of the tenth of November 1937; b) when they have stated' the routes of air navigation which they intend to follow and the nature of the respective traffic; c) when they have specified the airports and airdromes which they intend to use, subject in that respect to the provisions of the pertinent regulations; d) when they have stated the personnel and the equipment at their disposal to carry out the transportation, and have furnished proof that they have been duly registered;. e) when they have undertaken to observe the schedules and rates pertaining to transportation and approved by the competent authority. Art. 38. Airlines shall be national or international, and the Gov- ernment shall distinguish them according to kind and their respective routes. PAGENO="0279" AIR LAWS AND TREATIES'. OF THE WORLD 273: CHAPTER VI-AIR TRAFFIC Art 39 Flights of an aircraft over Brazilian territory shall be free so long as the restrictions set forth in the present Code and in the regulations promulgated under it are observed. Art. 40. In exceptional cases, pertaining to external security or the maintenance of internal order, the Government may prohibit or restrict permanently or temporarily, and with immediate effect, air navigation over the national territory without incurring any liability for injuries or losses which may result from carrying out such a measure. Art. 41. Only when the public interest requires it shall the Govern- ment be empowered to commandeer aircraft used by scheduled airlines,. provided the owners are indemnified according to the laws in force.. Art. 42. A schedule for flights over Brazilian territory, with pro- visions for customs airports for intermediate points shall be set up by the public authorities. Sole Paragraph. Every commander or pilot of an aircraft shall receive instructions from the competent authority as to the convenient air routes, concerning the safety of cities and control of traffic. Art. 43. The competent authority, after having heard from the Ministeries of War and the Navy, shall prescribe the location and extent of areas which are closed to private air navigation. Sole Paragraph. Every commander or pilot of an aircraft who finds himself over a prohibited area, and who knows of that fact, shall be required to~ emit a distress signal, as provided in the administrative regulations, and to land as quickly as possible where he may properly do so outside of the above area. Art. 44. Except in the case of force majeure, or by special authoriza- tion, no aircraft may take off except from an airport duly certified~ and may land only on such an airport. Paragraph 1. However, the authority regulating civil air navigation. shall have `discretion to designate certain areas in the national terri- tory where, in the absence of an airport, aircraft may land upon any open area, be it land or water, outside inhabited sections, and take off from them. Paragraph 2. These general authorizations shall be published, and shall only be granted temporarily. Art. 45. Every aircraft which, coming from foreign soil, seeks t& land on Brazilian territory may make the first landing only on a customs airport. Paragraph 1. Conversely, all aircraft departing from Brazilian soil with a foreign destination shall make its last takeoff only from a cus- toms airport. Paragraph 2. The list of customs airports shall be published by the authority which regulates civil air navigation. Art. 46. Except in the case of force majeure, duly proved, aircraft in the service of scheluded airlines may only follow the routes over the national territory which have been set out for `them in the respective permits. Art. 47. The national borders, whether sea or land, may be traversed by aircraft only over those points which have been designated for this: PAGENO="0280" 274 AIR LAWS AND TREATIES OF THE WORLD. purpose beforehand by the competent authority upon advice of the interested ministries. Art 48 Air transportation between points within the national tern tory is hereby reserved to Brazilian aircraft. Exceptionally, the Government may permit foreign aircraft to undertake the trans- portation of mail within the country, as well as that of%passengers be- tween points not yet adequately served by Brazilian aircraft, and only until they are so served. Art 49 No private aircraft shall have the right to transport the following articles except with special authorization, and with advice to the Ministers of War and Navy: a) explosives, fire arms, munitions of war and any means or instruments of war, or carrier pigeons; b) photographic and cinematographic equipment, unless they are delivered to the care of the commander of the aircraft and duly sealed at the airport of entry by the competent authority, and are thus safeguarded until the interested passenger leaves the aircraft or until the arrival at a customs airport on Brazilian territory. Ant. 50. If it is in the public interest, the Government may prohibit the transportation of baggage in a private aircraft, or may compel its inspection at customs airports. Art. 51. No aircraft shall jettison as ballast anything except water or fine sand, nor shall it be permitted, during the flight, to throw over- board any object, with the exception of mail, announcements, hand- bills, loose printed matter, and only if there is special authorization therefor. Art. 52. No aircraft shall engage in acrobatic flights or dangerous maneuvers over cities or crowds of people. Art. 53. All aircraft shall be subject during flight as well as in the area of an airdrome or airport to the regulations pertaining to lighta and signals and to the general rules with respect to air navigation, promulgated by the competent authority. Art. 54. `Without prejudice to the rights granted to aircraft in sched- uled air service, every private aircraft in flight over Brazilian terri- tory shall be required to land upon being so ordered by signals from the ground that shall be provided in administrative regulations to be published by the competent authority, with advice to the Ministries of Public Works, of War and of the Navy. Sole Paragraph. In the case of a manifest violation of the above provision an aircraft may be compelled to land by the use of force. CHAPTER Vu-CUSTOMS INSPECTION Art. 55. Aircraft arriving from abroad and transporting passengers and merchandise shall be obliged to comply with the rules and pro- visions of the customs laws. Art. 56. Every and all aircraft arriving from abroad shall be re- quired to furnish the inspecting official boarding the aircraft at the time of its arrival with its registration papers, ship's papers and, if transporting cargo, with the cargo manifest in triplicate, which shall be visaed by the customs official. PAGENO="0281" AIR LAWS AND TREATIES OF THE WORLD 275 Sole Paragraph. The ship's papers, after being examined arid visaed shall be returned to the commander or the pilot with the exception of the second (2d) copy of the cargo manifest. Art. `57. At the first airport at which an aircraft arriving from for- eign territory lands, the competent authority shall record for customs purposesthe name of the commander or of the pilot. Sole Paragraph. The customs official shall, at the same time, verify whether the seal which locks the hatch or the access door of the cargo hold is intact and shall order the taking, of an inventory of the ship~ ment as reflected on the cargo manifest, as provided in the customs regulation, in the event that there is any deviation. Art. 58. If the seal is intact and the cargo correct, the third (3d) copy of the cargo manifest shall be signed after a "clearance" by the official on duty and shall be delivered to the commander or the pilot to be returned to the fiscal authorities of the foreign country where the aircraft originated. Art. 59. When the aircraft, for any reason, has to land at any point of the national territory, there shall be recorded upon the ship's papers by the inspecting official of the place, or in his absence, by any other official, civil or military, the reason for the landing and the statement that no cargo was unloaded in the place, and the seal of the cargo hold or hatch was intact. Art. 60. Aircraft cargo within the national territory, with a foreign destination, shall be loaded in accordance with their respective cargo manifests in the presence of a customs official who shall check them at the hatch or door of the cargo hold, affixing thereon a seal. TITLE II CHAPTER I-THE RIGHT OF FLIGHT OVER PRIVATE PROPERTY Art. 1. The right of flight over private property shall not impair the right of property on the ground as defined by the civil laws. Sole Paragraph. The owner of the land may not oppose the de- parture of an aircraft compelled to land upon his property except that he has the right of attachment as security for the reparation of dam- ages, if any, caused by the aircraft. CHAPTER Il-SEIZURE AND OTHER PREVENTIVE PROCEDURES Art. 62. The seizure or any other preventive act in assertion of r1ghts, resulting in the attachment of an aircraft, in defense of a pri- vate interest, which is initiated by the owner, creditor, or holder of any title in interest in the realty against the aircraft without recourse to a prior judicial condemnation, shall not be permitted when it con- cerns an aircraft of the State. Art. 63. The right of the property owner shall not be prejudiced by- any measure of security decreed against the person who has lawfully obtained possession of the aircraft. Art. 64. Any interested party may avoid any of the measures pro- vided in Art. 62, by means of the securities indicated in Art. 104~ Paragraph 1. If the security does not cover the interest claimed,, an interested party may furnish sufficient funds in escrow. PAGENO="0282" 276 AIR LAWS AND TREATIES OF THE WORLD Paragraph 2. Upon the presentation of proof of the existence of the security, the judge shall refuse the seizure or shall lift it, if it has already been made, and shall transmit his decision to the com- petent authority, and to the guarantor, if any, in order that the security may stand to cover directly the interest claimed. Art. 65. Whenever without just cause there is exercised over an aircraft any of the preventive measures referred to in Art. 62, the person that has recourse to those measures shall be answerable for injuries and losses, as provided by the civil laws. Art. 66. None of the provisions of this Code shall bar the issuance of an order for impounding of personal property or for its seizure or any measures applicable in the case of insolvency, nor the measures to restrain, in case of breach of the laws and regulations of customs or of health or police. CHAPTER Ill-AIR TRANSPORTATION Art. 67. For purposes of the present Code a carrier shall be deemed ~a natural or legal person engaged in air transportation for profit. Art. 68. The carriage shall be deemed domestic and subject to this Code if, in accordance with the terms stipulated by the parties, the point of departure and the destination are located within the national territory whether or not there is an interruption or a change to a connecting plane. Sole Paragraph. International transportation, in the absence of a convention or treaty, shall be regulated by the provisions of this Code. Art. 69. Various hauls made in succession by several carriers shall be deemed a single operation provided the parties agreed to treat it as a single operation. Sole Paragraph. The carriage shall not lose its character as domes- tic if the aircraft, by reason of force m~ajeure, makes a stop on foreign territory, if otherwise, its departure and destination points are on Brazilian territory. CHAPTER IV-DOCtTMENTS OF AIR TRANSPORTATION FIRST SECTION-FLIGHT TICKET Art. 70. In passenger transportation, the carrier shall be required to issue a flight ticket which shall state: a) the place and date of issuance; b) the points of departure and destination; c) the name and address of the carrier or carriers. Art. 71. The absence, incorrectness, or loss of the ticket shall not affect the existence or the validity of the carriage contract, which shall continue to be governed by this Code. Sole Paragraph. A carrier which accepts a passenger to whom no flight ticket has been issued shall not be entitled to avail himself of the provisions of this Code which exclude or limit his liability. SEOOND~ SECTION-BAGGAGE CHECK Art. 72. With respect to the transportation of baggage, excepting small objects which passengers maintain under their control, the car- PAGENO="0283" AIR LAWS AND TREATIES OF THE WORLD 277 rier shall be required to deliver a baggage check executed in two copies, one for the passenger and the other for the. carrier, which shall state: a) the place and the date of issuance; b) the points of departure and destination; c) the number of the flight ticket; d) the number and weight of pieces of luggage; e) the declared value, if any. Art. 73. The absence, incorrectness, or loss of the baggage check shall not affect the existence or the validity of the carriage contract, whichshall continue to be governed by this Code. Sole Paragraph. If the carrier accepts baggage without delivery of said check or if the latter does. not contain the information indi- cated in clauses c), e), and d) of the preceding Article, the carrier shall not be entitled to avail himself of the provisions of this Code which exclude or limit his liability. THIRD SECTION-THE BILL OF LADING Art. 74. In the transportation of merchandise, and notwithstanding the provisions of the sole paragrah,. the carrier shall require from the shipper. the execution and delivery of a document called "bill of lading." Sole Paragraph. If the carrier has asked the shipper to execute a bill of lading it shall be deemed, absent proof to the contrary, to have been executed for him.. Art. 75. The bill of lading shall be executed in three copies and shall be delivered by the shipper with the merchandise. Paragraph 1. The first copy, which shall bear the notation "for the carrier" shall be signed by the shipper. Paragraph 2. The second copy which shall bear the notation "for the consignee" shall be signed by the shipper and by the carrier and shall go with the merchandise. Paragraph 3. The third copy shall be signed by the carrier and shall be delivered by the latter to the shipper after accepting the mer- chandise. . Art. 76. When there is more than one piece the carrier may require the shipper to execute separate bills of lading. Art. 77. The bill of lading shall state: a) The place and date of issuance; b) the points of departure and destination; c) the name and address of the shipper; d) the name and the address of the first carrier; e) the name and the address of the consignee, if applicable; f) the nature of the merchandise; g) the number, the type of packaging, the descriptive marking or numbering of the pieces; h) the weight, quantity, or dimensions of the merchandise; i) if the merchandise is shipped, payment on delivery, the price of the merchandise, and also, the amount. of the charges; j) the declared value, if any; k) the number of bills of lading; . PAGENO="0284" 278 AiR LAWS AND TREATIES OF THE WORLD 1) the documents delivered to the carrier that are to accom- pany the bill of lading; m) the length of time and summary description of the route to be followed if such has been stipulated. Art. 78. If the carrier accepts the shipment without the proper bill of lading, or if it does not fulfill all the requirements of the precedin article, from clause a) to clause h), inclusive, he shall not be entitle to avail himself of the provisions of this Code which exclude or limit his liability. Art~ 79. The shipper shall be answerable for the accuracy of the statements and declarations stipulated on the bill of lading, and for the damage which, by reason of his statements and declarations, if they are incorrect, inexact, or incomplete, may cause loss to the car- rier or to any other person. Art. 80. The bill of lading, absent proof to the contrary, ähall be evidence of the execution of the contract, of the receipt of the ship- ment, and of the terms of carriage. Art. 81. The statements on the bill of lading with respect to weight, measurements, and packaging of the shipment, as well as the number of pieces, shall be conclusive, absent proof to the contrary; those re- lating to quantity, dimensions and condition of the shipment may be used as evidence Only against the carrier, if, in this respect, the carrier ascertained them in the presence of the shipper and noted them on the bill of lading. Art. 82. The absence, incorrectness, or loss of the bill of lading shall not preclude the existence or validity of the contract of carriage, and it shall remain subject to the rules of this Code providing the terms of Article 78 are observed. CHAPTER V-CIVIL LIABILITY FIRST SECTION-CONTRACTUAL LIAI3ILITY Art. 83. The carrier shall be liable for any damage resulting from the death or bodily injury ofa passenger by accidents occurring on board an aircraft while in flight, or while in the operations of board- ing or leaving the aircraft, when they are the result: a) of a defect in the aircraft; b) of negligence of the crew. Sole Paragraph. In cases of gratuitous transportation or carriage of a complimentary nature, responsibility shall be limited to those injuries resulting from intent Or gross negligence. Art. 84. The carrier shall be liable for any damage resulting from the destruction, loss, or damage of the baggage shipped, or of the mer- chandise, in accidents occurring during transportation by air. Art. 85. Air transportation, for purposes of the preceding article, shall encompass the time during~ which the baggage or the merchan- dise are within the control of the carrier, whether at the airport, on board the aircraft, or some other place in the event of a landing out- side of an airport.. Art. 86. Air transportation shall not embrace transportation by land, by sea, or on navigable waters, effected outside of an airport. PAGENO="0285" AIR LAWS AND TREATIES OF THE WORLD 279 Sole Paragraph. If in the performance of the contract of air trans- portation any of the above should be utilized in order to haul, deliver ~or make a connection, any damage shall be deemed to have occurred during transportation by air, absent proof to the contrary. Art. 87. The carrier shall be liable for any damage resulting from delay in the transportation by air of passengers, baggage or merchan- dise at the rate of ten per cent (10%) of the loss caused to the passen- ger, and in the other cases, of the value of the merchandize. Art. 88. In any of the cases mentioned above, the carrier shall not be liable if he establishes in a satisfactory manner that measures were adopted by him or his agents to avoid the damage, or that it was im- possible to do so. Art. 89. The carrier shall not be liable for his agents in the trans- portation of merchandise or baggage, if he establishes that the damage was the result of pilOt error, the operation of the aircraft, or an error of navigation, and that, in every other respect, the necessary measures were adopted by him or by his agents to avoid the damage. Art. 90. If the carrier is able to prove that the damage was caused by the person who sustained the injury, or that such person was a con- tributing cause thereof, his liability may be excluded or reduced. Art. 91. In the absence of an agreement to the contrary, the lia- bility of the carrier in the transportation of passengers shall be limited to one hundred thousand cruzeiros (Cr$100,000.00) for each person. Paragraph 1. In the absence of an agreement between the parties in the transportation of merchandise or baggage the liability of the carrier shall be limited to two hundred cruzeiros (Cr$200.00) per kilo- gram weight. Paragraph 2. With respect to small articles which the passenger re- tains under his care, the liability of the carrier shall not exceed four thousand cruzeiros (Cr$4,000.00) per passenger, and shall be due upon the latter's claim unless it is contested by the carrier. Art. 92. The nullity of a provision aimed ~t excluding liability of the carrier or establishing a limit lower than that set up in this Code shall not impair the validity of the contract for carriage. Art. 93. When the damage results from the wrongdoing of the car- rier or of his agent the provisions of this Code excluding or limiting his liability shall not apply. Art. 94. The acceptance of baggage or merchandise by the con- signee without objection, absent proof to the contrary, shall give rise to a presumption that they were delivered in good order and in con- formity with the shipping document. Paragraph 1. In the event of damage, the consignee shall protest directly to the carrier within three days of the date of the receipt of the baggage or seven days from receipt of the merchandise. Paragraph 2. Any claim for delay shall be made not later than fifteen days from the day in which the baggage or merchandise was placed at the consignee's disposal. Paragraph 3. Any claim in the above cases shall be made by means of an exception noted in the shipping document itself, or by a separate writing. PAGENO="0286" 280 MR LAWS AND TREATIES OF THE WORLD Paragraph 4. In the absence of protest within the period afore- mentioned, and barring any fraud by the carrier, no action will lie' against him. Art. 95. In the case of transportation carried out in succession by several carriers, each carrier taking on passengers, baggage, or mer- chandise, shall be subject to the provisions of this Code, which shall be deemed incorporated in the transportation contract. Paragraph 1. In a case `of this kind of `transportation the passenger or those succeeding to `his rights shall have a right of action only against the carrier who was effecting the portion of the transportation during which the accident or delay occurred, unless by express stipu- lation, the first carrier undertook the responsibility for `all the risks of the haul. Paragraph 2. With respect to baggage or merchandise, the shipper shall have a cause of action against the first `carrier, and the consignee, to whom direct delivery is to be made, against the last. Either one or the other may bring an action against the carrier who effected the transportation during which the destruction, loss, damage, or delay occurred. These carriers shall be jointly liable to the shipper and the consignee. SECOND SECTION-LIABILITY TO THIRD PARTIES Art. 96. The provisions relative to the liability of a carrier to third parties, shall embrace any aircraft which operates over' Brazilian ter- ritory, whether public or private, `domestic or foreign. Art. 97. Any damage caused by an aircraft in flight, while execut- ing takeoff or landing procedures, to individuals or to property on the ground shall give rise to a right of indemnification. Sole Paragraph. Such liability may be reduced or excluded only to the extent that the injured party was at fault. Art. 98. Under the same conditions, there shall be indemnification for any damage caused by an object or substance falling from an air- craft, or being `thrown from it except in the execution o'f je'ttisoning as required by the regulations, or as a result of force majeure. Art. 99. Damages caused by an aircraft while resting `on the ground shall be g'overned by the common law. Art. 100. The following shall be jointly liable for damages referred to in the preceding articles: a) the person `in whose name the aircraft is registered; b) the person who uses Or operates `the aircraft; c) whoever on board the aircraft caused the `damage, except in the case of an intentional act perpetra'ted by an unknown person upon equipment not in use `and whi'ch the carrier or his agents were unable to prevent. Sole Paragraph. In any case, the execution of this responsibility shall devolve principally upon the surety established by Articles 103 et sequitur. Art. 101. Any of the persons jointly liable may have recourse against the person who caused the damage. Art. 102. The joint liability with respect to each accident shall be limited; a) in the case of physical injury or death, to a maximum re- covery of one hundred thousand cruzeiros (Cr$100,000.00) for each person; PAGENO="0287" AIR LAWS AND TREATIES OF THE WORLD 281 b) in the case of damage or destruction of property to a re- covery equal to the fair value of the property. Sole Paragraph. The person liable shall not be entitled to benefit by these limits, if the party in interest can prove that the damage was the result of intentional wrongdoing. THIRD SECTION-SURETIES AS TO LIABILITY Art. 103. The natural or legal person, in whose name the aircraft is registered or in whose name it is operated, shall be surety for the indemnification, in the manner and within the limits established in this Code in regard to injuries to persons or property which the aircraft may cause. Art. 104. Such security, at the option of the carrier, the owner, or the operator of the aircraft may consist of the following: a) in the assurance that the liability is covered by insurance furnished by a reliable organization approved by the competent authority; b) in a bond or suitable security, approved by the Government, from a person or enterprise with its domicile or general office in Brazil; c) in the deposit beforehand of money or securities. Art. 105. For purposes of the above provision, the issuance or re- issuance of a certificate of airworthiness to an aircraft may be sub- ordinated to the furnishing of any of the above securities. Art. 106. If the security consists of an insurance contract, the cer- tificate of airworthiness of the aircraft may be withdrawn at any time if the owner, carrier, or operator is unable to prove that he is complying regularly with the conditions of the respective policy and, particularly, with the timely payment of the premiums. Art. 107. There shall be required of aircraft registered in a foreign country, as indemnification for damages that they may cause to per- sons or property on Brazilian territory, the furnishing of security at least equal or considered equivalent to those of Brazilian aircraft. Art. 108. Any person who has a right to payment for damage shall have a direct claim upon the security furnished by the party respon- sible within the limits of the amount to which he is entitled. CHAPTER VI-AVIATION INSURANCE Art. 109. Any interest which depends upon air navigation, which does not arise from intentional wrongdoing may be insured against all risks, subject, however, to the general laws, including cases involving abandonment. Art. 110. The owner or operator of an aircraft may insure it up to its total value against the risks of air navigation. Art. 111. In the absence of an agreement to the contrary, the insur- ance shall not extend to losses or damages attributable to the fault of the owner or a defect in the machine itself. Art. 112. The certificate of airworthiness of an aircraft which is covered by the insurance shall be referred to in the respective contract by a statement of the insured. PAGENO="0288" 282 AIR LAWS AND TREATIES OF THE WORLD Sole Paragraph. Every aircraft which is furnished with this cer- tificate in the absence of proof to the contrary, shall be presumed to have departed in a condition of airworthiness. Art. 113. In the event of loss or damage, if the aircraft is not rep- arable, it may be surrendered to the insurers, as long as the extent of the loss amounts to three fourths (34) of the value. Sole Paragraph. In the case of disappearance, abandonment shall be admitted three months after receipt of the last news from the air- craft. Art. 114. In the life insurance policies or accident insurance, the interested parties may not exclude the risks arising from the trans- portation of the person insured on scheduled lines of air transporta- tion. Art. 115. The insurance of the crew on board shall be required, including those who may be required from time to time to fly in the service of the owner, carrier, or operator of the aircraft. Art. 116. The carrier may provide, for additional charges, insur- ance on persons or property being transported, provided he proves that he has obtained general insurance coverage with a company li- censed by the state in an amount equal to twice the maximum limit of liability required of an aircraft of greater capacity in service. Art. 117. The insurance referred to in the preceding article, may be replaced with a deposit at a public institution, or in a bank which is so authorized by the State, or with a banker's bond. Paragraph 1. The value of this security shall be at least five hun- dred thousand cruzeiros (Cr$500,000.OQ). Paragraph 2. If the carrier has more than two aircraft in service, the face amount of the security shall be twice that fixed by the pre- ceding article. Paragraph 3. After such coverage has been reduced by the payment of an indemnity, it shall be replenished to the established amount. CHAPTER VII-AID AND RESCUE Art. 118. Every commander or pilot of an aircraft in flight, without endangering his own safety, shall aid anyone at sea or on board an aircraft in danger who is in peril of his life or may have suffered injuries. Art. 119. The duty to aid, within the terms of the preceding article, shall also attach upon receiving the radio telegraph signal SOS unless the person in danger is at such a distance that no assistance of value can be rendered. Art. 120. No liability shall be incurred by the owner, the carrier, or the operator of an aircraft for the failure of the commander or pilot to comply with the duty of aid or rescue, except in the case where an order has been given that it should not be rendered. Art. 121. For purposes of the preceding articles, jurisdiction over the waters or the kind or nationality of the aircraft shall not be taken into consideration. Art. 122. Every act of aid shall give rise to a right of compensation proportional to the work and the effectiveness of the rescue which, in the absence of any agreement, shall be judicially determined and ap- portioned. PAGENO="0289" AIR LAWS AND TREATIES OF THE WORLD 283 Sole Paragraph. There shall be no compensation if the aid has been refused expressly and with good reason. Art. 123. An agreement for aid or rescue made in the moment of peril or while under its influence shall be subject to amendment or annulment by a court whenever the compensation is deemed excessive. Art~ `124. The compensation shall be computed on the following basis: a) the effectiveness of the rescue, the effort and merit of those who took part in it, the risks which they incurred, the time ex- pended, the expenses or damages which they sustained; b) the value of the thing or person that has been rescued, limited to a maximum of one hundred thousand cruzeiros Cr$100,000.QQ) for each salvage. Art. 125. In the case of salvage of an aircraft, the owner of the baggage or merchandise being transported shall contribute an amount proportionate to the respective value. Art. 126. In the case of salvage operations in\rolving air mail, the carrier thereof shall contribute an amount proportionate to the charges. CHAPTER vIll-MIDAIR COLLISIONS AND ACCIDENTS Art. 127. A midair collision shall be deemed any collision between two or more aircraft in motion. Sole Paragraph. The damages caused by an aircraft in motion to another aircraft also in motion and to persons thoard, shall be deemed losses of midair collision even though they are not the result of a collision. Art. 128. The duty of indemnification for losses in case of a collision shall attach to the operator of the aircraft at fault. Art. 129. Whoever has the aircraft within his control and who uses it for his own benefit shall be deemed the operator thereof. Sole Paragraph. In case that the name of the operator is not re- corded in the Brazilian Registry of Aircraft, the owner shall be deemed the operator, absent proof to the contrary. Art. 130. If both of the aircraft in collision be at fault, the liability shall be divided in proportion to the gravity of the errors committed. Sole Paragraph. In the event that it is impossible to establish the proportion, the liability shall be divided equally. Art. 131. Notice of the collision to the authorities at the airport nearest to the accident shall be required for the limits of liability set forth in this Code to be in effect, provided however that the aircraft are subject to the jurisdiction of Brazil. Sole Paragraph. Over the high seas, this notice shall also be re- quired of Brazilian aircraft. Art. 132. With respect to a serious accident in commercial aviation, the principles of maritime commercial law shall apply as well as the provisions of mercantile law pertinent to that medium, and in `that case the aircraft shall be treated as a ship. Sole Paragraph. A minor or special accident shall be controlled by the provisions of the common law. 67717 G-~6L---~19 PAGENO="0290" 284 AIR LAWS AND TREATIES OF THE WORLD CHAPTER TX-ENVIRONS OF AIRPORTS AND AIRDROMES Art. 133. Property in the environs of airports and airdromes shall be subject to special restrictions. Paragraph 1. The restrictions referred to in this article shall have reference to the use of property in regard to installations, buildings or plants which may impede the departure or landing of aircraft. Paragraph 2. The Government shall designate the areas adjoining the airport and airdrome within which maximum altitude of the obstacles shall be established. Paragraph 3. The Government, in special cases, may allow thstacles having a higher altitude. Paragraph 4. The limitations of the areas and of `the obstacles may only be changed by orders of the National Council of Aeronautics which, under exceptional circumstances, may restrict or enlarge the area established. Art. 134. In the absence of natural boundaries, the boundaries of airports and airdromes shall be fixed by an adequate system of visible markings. Art. 135. A plan of restrictions on the use of neighboring properties shall be prepared `by the competent federal authority, for each airport or airdrome, upon advice of the ministries who might have an interest in the matter and upon consultation with the local, state, and mu- nicipal authorities. Sole Paragraph. Such plan shall be approved by a `decree. Art. 136. Whenever such restrictions preven't erection of any build- ing, the neighboring property owners shall have a right to compensa- tion determined by the courts in the absence of direct agreement. CHAPTER X-MORTGAGE OF AIRCRAFT Art. 137. Aircraft may be the thject of a mortgage which shall depend on recordation in the Brazilian Registry of Aircraft and which shall be copied in the pertinent certificate. Sole Paragraph. An aircraft mortgage shall requireS a notarized instrument. Art. 138. Aircraft which are subject to mortgage in this country shall not be capable of conveyance outside the country without the express consent of the creditor. Art. 139. The preference in favor of the mortgage creditor shall attach in the case of loss or expropriation of the aircraft to the com- pensations paid by the person who caused the damage, by the insurer, or by the person expropriating it. Art. 140. An aircraft mortgage shall be favored over any others, with the exception of the following: a) court costs or expenses intended to preserve the aircraft until a judicial sale; b) compensation due for assistance or rescue; c) fees for the use of an airport, or for services accessory to, or in aid of aerial navigation; PAGENO="0291" AIR LAWS AND TREATIES OF THE WORLD 285 d) expenses incurred by the commander of an aircraft, by virtue of the powers granted to him by law, when they were required for the continuation of a trip. Art. 141. The preferences referred to in the previous article shall only apply up to six months after it has been established subject, how- ever, in any case to the rules which regulate insolvency or the bank- ruptcy of creditors. Art. 142. The instruments establishing the mortgage on aircraft shall state, in addition to the usual terms a) the amount of the debt secured by the mortgage, or an esti- mate thereof; b) the interest stipulated; c) the time and place of payment; d) the registration marks of the aircraft. Art. 143. The owner of an aircraft that has been mortgaged may subject it to other mortgages, which shall have priority in the order of their recordation. Art. 144. An aircraft which belongs to two or more owners may not be mortgaged without the express consent of all the owners. Art. 145. A mortgage on an aircraft shall be extinguished a) by the loss of the aircraft; b) by renunciation on the part of the creditors; c) by the extinction of the principal obligation; d) by judicial discharge or court decision. CHAPTER XI-FLTGHT CREW Art. 147. Only native Brazilians on duty with the military service, or naturalized citizens who have been in the military service of Brazil, may carry out professional functions on a national aircraft. Sole Paragraph. The exercise of those functions, by aliens not in a professional capacity, shall depend in each case upon a special license by the Government in its discretion. Art. 148. Any aircraft int.ended for service as a commercial carrier shall have c~n board a technician vested with the powers of comman- der, in the manner specified by the regulations in force. Sole Paragraph. In an aircraft of minimum capacity or value it is permissive to designate a commander who may be the pilot or the navigator. Art. 149. In the documents provided for in Art. 24, shall be recorded the name of the commander chosen by the owner of the aircraft, by the carrier, or by the operator of the aircraft. Art. 150. The commander vested with the powers of authority and discipline on board the aircraft shall be the representative of the owner, the carrier, or operator, for the duration of the trip, as well as the depositary of the goods and baggage shipped. Art. 151. For the duration of the trip and without prejudice to the jurisdiction of the police authorities at airports, the commander shall have authority over the crew of the aircraft and over the passengers, and require them to observe the laws and regulations pertaining to air navigation and take any disciplinary measures expressly provided. PAGENO="0292" 286 AIR LAWS AND TREATIES OF THE WORLD Art. 152. As the representative of the owner, carrier, or operator, the commander of the aircraft may, without special authorization, and notwithstanding the provisions of Articles 153 and 154; a) purchase anything necessary to the continuation of the trip: b) contract for repair services which the aircraft may need; c) raise funds to carry out the above measures; d) employ the best means to act so as to safeguard the rights and interests of the owner, carrier, or operator. Art. 153. The powers referred to in the preceding article may be enlarged or restricted, provided however that in such case they shall be binding on third parties only when embodied in the documents re- ferred to in Article 24 of this Code. Art. 154. The powers of commander as representative of the owner, carrier, or operator shall only be exercised where none of them main- tains a permanent agent or commercial representative. Art. 155. As the depositary of the merchandise and baggage, the commander shall exercise due care in its safekeeping and for that purpose he may, in the absence of special authorization, carry out any measures necessary t.herefor as the agent of the owners, carriers, or operators, respectively. Art. 156. It shall be incumbent upon the commander of the air- craft, within the purview of the special regulations that may be promulgated, to perform the functions of a public official, empowered to execute a certificate of a birth or a death occurring on board. Art. 157. A commander, or any crew member, who without good cause. abandons the performance of his duties during a trip shall an- swer to the owner, carrier or operator, to the passengers or shippers, for losses or damages resulting from his negligence. Art. 158. A commander shall answer for intentional wrongdoing or negligence to the owner, carrier, or operator, who shall have a right to recoup from him for any compensation for which they may be liable to third parties, for acts done at his direction. CHAPTER XII-OAtTSES OF ACTION AND LIMITATIONS Art. 159. Causes of action in the field of aviation shall be subject to a statute of limitations. Paragraph 1. The period for instituting any action shall be two years, measured as follows: a) in actions arising from carriage: from the date of arrival or from the date when the aircraft should have arrived at its destination, or from the time of interruption of the carriage, or from the date of the delivery of the merchandise; b) in actions for compensation in cases of aid or rescue: from the completion of the service; c) in actions involving builders, engineers and architects; from the construction, certification and designs of aircraft, counting from the day of delivery and acceptance of the aircraft, in the case of contract work, and from its conclusion in the case of construction by the administration. Paragraph 2. If the party in interest proves that he does not have knowledge of the loss, or of the person liable therefor, within PAGENO="0293" AIR LAWS AND TREATIES OF THE WORLD 287 the term of 2 years, the period of limitation shall begin to run from the day on which he obtained such knowledge. Paragraph 3. However, this period shall definitely terminate at the end of 3 years from the loss. Art. 160. It shall be incumbent upon an air carrier to retain its copies of the transportation documents until the end of the most ex- tended period of limitation (3 years). TITLE Ill-VIOLATIONS AND PENALTIES Art. 161. There shall be imposed a penalty of from five hundred cruzeiros (Cr$500.0O) to two thousand cruzeiros (Cr$2,000.O0), and in addition the possible suspension of the license pertaining to the certificate of fitness, upon any person who, without special authority or proof of force majeure: * a) pilots an aircraft over a city or crowd of persons at an altI- tude lower than that established by regulation; b) performs acrobatic flights or dangerous maneuvers over a city or a crowd of persons; c) pilots an aircraft without the proper markings of national- ity and registration, with the exception of the provisions of the sole paragraph of Art. 23. d) pilots an aircraft without the proper certificate of airworthi- ness, or without the same having been properly renewed; e) pilots or mans an aircraft without the necessary certificate of fitness and the corresponding license, or without these having been properly renewed. Art. 162. There shall be imposed a fine of from one thousand cru- zeiros (Cr$1,000.Q0) to three thousand cruzeiros (Cr$3,000.OO) and in addition the possible suspension of the license pertaining to the cer- tificate of fitness, upon any person who: a) violates the general rules of aerial navigation, whether dur- ing a flight or in the vicinity of airports or airdromes; b) pilots an aircraft without the documents prescribed by law or regulations; c) violates or fails to comply with the provisions of the regula- tions relative to the use of these documents. Art. 163. In the case of recurrence of any of the violations to which the preceding articles have reference, by an aircraft belonging to the same owner, carrier or operator, the certificate of airworthiness may be withdrawn. Art. 164. There shall be imposed a fine of from two thousand cru- zeiros (Cr$2,000.OO) to five thousand cruzeiros (Cr$5,000.OO) upon any person who: a) uses on board an aircraft, without special authorization, any photographic equipment or any object the operation or use of which is prohibited; b) uses, without authorization, any aircraft which has not been recorded in the proper registry, or who permits its use; e) obstructs or renders difficult the prompt identification of an aircraft, whether by changing its markings or distinguishing symbols or by obstructing the view of them, excepting however the provision in the sole paragraph of Art. 23; PAGENO="0294" 288 AIR LAWS AND TREATIES OF THE WORLD d) violates, or fails to comply with the provisions of the regu- lations pertaining to lights and signals as used by aircraft or ground units; e) wrongfully throws substances or objects from an aircraft, or fails to observe the provisions respecting jettisoning; f) violates the provisions relative' to the duty of rescue. Art. 165. There shall be imposed a fine of from five thousand cru- zeiros (Cr$5,000.00) to ten thousand cruzeiros (Cr$10,000.O0) upon any person who: a) constructs airdromes, or any other ground unit of a perma~- nent nature without the required authorization; b) operates without the necessary franchise a scheduled line of air navigation. Art. 166. There shall be imposed a fine of from ten thousand cm- zeiros (Cr$10,000.OO) to fifty thousand cruzeiros (Cr$50,000.0O) upon any person who: a) pilots over national territory, without special permission or international convention, any foreign aircraft; b) flies wrongfully over restricted areas. Art. 167. The penalties provided for in the preceding articles shall be imposed by the competent administrative authority and graduated according to the gravity of the violations. Art. 168. Violations against the security of the means of transporta- tion, which constitute a crime as provided in the penal laws, shall be punished under the respective laws. Art. 169. Smuggling, when practiced in air transportation, shall be punished with twice the penalty provided in the pertinent laws. Art. 170. The provisions of this Code shall not impair the penalties imposed by laws or regulations of a military, police, fiscal, sanitary or customs nature. TRANSITIONAL PROVISIONS Art. 171. Only in the absence of licensed Brazilian airmen, as pro- vided in Art. 147 of this Code, shall there be admitted foreigners who are duly qualified, in a temporary manner and under stated conditions. Art. 172. The Executive branch of the Government is hereby au- thorized to promulgate regulations pertaining to customs inspection in the field of air navigation, establishing such fines and other pen- alties that may be necessary and that are not provided for in this Code. Art. 173. Any provisions to the contrary are hereby abrogated. PRESIDENTIAL DEGREE No. 46,124, DATED THE 26TH DAY OF MAY, 1959' Indicating the procedure for entering Brazil and flying over its ter- ritory by foreign aircraft not engaged in scheduled service The President of the Republic, in the exercise of the prerogatives vested in him by Article 87, Paragraph I, of the Constitution decrees: Article 1. The entry into and flight over Brazilian territory by any foreign aircraft not engaged in scheduled international airline serv- ~ Published in Diário Oficial, May 29, 1959. PAGENO="0295" AIR LAWS AND TREATIES OF THE WORLD 289 ice shall be subject to the procedures established in this decree with- out impairing the powers and regulatory functions of the Departments of Customs, Police, Immigration or Public Health. CHAPTER I-INITIAL PROVISIONS PERTAINING TO AIRCRAFT WHOSE ENTRY INTO THE TERRITORY DOES NOT REQUIRE AUTHORIZATION Article 2. An aircraft registered in any of the countries parties to the Convention on International Civil Aviation (Chicago, 1944) shall be permitted to enter Brazilian territory and fly over its territory free of permit, in accordance with the first part of Article 5 of said Con- vention when such aircraft does not engage in traffic for profit (pas- sengers and/or freight) or when such an aircraft transports for money but flies in transit, i. e., without discharging or loading on Brazilian territory completely, or in part. First Paragraph. However, the owner, lessee, or commander of the aircraft shall inform the authority at the customs air port (Arti- cle 16, item a) where the aircraft will land upon first entering into Brazil and which is the closest airport to the point of entry on the border and, except in those cases which are controlled by the sole para- graph of Article 5, the estimated date and time of arrival as well as the nationality markings and type of the aircraft. This report shall be made at least 24 hours in advance. Second Paragraph. Aircraft shall not be deemed engaged in trans- port service for profit when carrying out the following functions: a. Flights for rescue work or religious assistance or in search and rescue of another aircraft; b. Trips for pleasure or business purposes, when the owner, shipper, or lessee of the aircraft is a natural person and travels on such trip; c. Trips of directors or representatives of companies or corpo- rations, when the aircraft is owned, chartered, or leased by such company or corporation in whose service such directors or repre- sentatives are flying. Third Paragraph. The authority at the airport of entry shall ac- cept a written statement to that effect from the commander as sufficient evidence that the aircraft has undertaken such a trip with any one of the objectives indicated above, except in the case of evidence to the contrary. Fourth Paragraph. On Brazilian territory those responsible for the aircraft shall proceed in the manner provided for in Chapter III. CHAPTER Il-INITIAL PROVISIONS PERTAINING TO AN AIRCRAFT WHOSE ENTRY REQUIRES AUTHORIZATION Article 3. An aircraft registered in any of the countries which are parties to the Convention on International Civil Aviation (Chicago, 1944) when engaged in transportation for money (passengers and/or freight) in non-scheduled international air service destined in part or in whole for Brazilian territory may enter the national territory and fly over it only with authorization obtained beforehand from the Civil Aeronautics Board (Article 5 at the end of the said Convention). PAGENO="0296" 2~O AIR LAWS AND TREATIES OF THE WORLD Sole Paragraph. Where an aircraft is registered in a non-member country, such aircraft shall always require authorization obtained be- fore hand from the Minister who has jurisdiction and, who may dele- gate such authority whenever he judges it convenient. Article 4. The owner or operator (or his authorized representatives) of an aircraft may seek authorization directly from the Civil Aero- nautics Board, but not less than 15 days before the estimated date of arrival of the aircraft at the first customs-airport in Brazil. If the party interested were to elect diplomatic channels, or in any case where the aircraft is registered in one of the non-member coun- tries to the Convention, the period shall be at least thirty days. The petition for clearance shall include the following information: a) the estimated date of arrival at the customs-airport of entry; b) the name, nationality, and domicile of the owner, or opera- tor of the aircraft; c) the nationality and registration markings of the aircraft; d) the name of the commander of the aircraft and his na- tionality; e) the number of the crew, their positions aboard, and the country issuing their licenses; f) the route the aircraft will follow and whether the aircraft is equipped to fly under IFR; g) the customs-airport of entry in accordance with Article 5 of this Presidential Decree, the intermediate stops and the air- port of final destination in Brazil, or the customs airport to be used upon departure; h) the reasons for the flight, the number of passengers and the freight to be transported (indicating the airport of origin and of destination, the nature of the freight and its approximate gross weight); i) the period of time desired for the stay of the aircraft in Brazil; j) in the case of transportation for money to points served by scheduled airlines, there shall be furnished papers enforming the approval of the licenses of each scheduled airlines. Second Paragraph. In the public interest the Brazilian authority may refuse to grant authorization or in granting it may condition it upon other routes and stops. Third Paragraph. Once authorization has been granted, it shall be effective only after it has been made known to the interested parties in any suitable manner. Paragraph 4. While on Brazilian territory, the persons responsible for the aircraft shall act according to the applicable provisions of Chapter III. CHAPTER Ill-CONSIDERATIONS APPLICABLE EQUALLY TO AIRCRAFT RE- QUIRING OFFICIAL AUTHORIzATION AS WELL AS TO AIRCRAFT NOT RE- QUIRING OFFICIAL AUTHORIZATION SECTION A-ENTRY OF AIRCRAFT Article 5. The entry of a foreign aircraft, whether destined for Brazil or in transit to another country shall be made with the re- PAGENO="0297" AIR LAWS AND TREATIES OF THE WORLD 291 quired stop at the Brazilian customs airport (Article 16, paragraph a) closest to that point where the aircraft crosses the border except in those cases where authorization has been granted by the Civil Aeronautics Board to stop at another customs-airport. Sole Paragraph. The authorization referred to in this article may be requested by telegram but it shall be effective only after receipt by the interested party abroad of a communication confirming such authorization. Article 6. When approaching the border of Brazil a foreign air- craft shall establish communication with the flight safety service unit which it can contact, in order to obtain instructions, for the flight to the customs airport for which it is destined. If an aircraft fails to establish such contact, it may maintain its course under visual flight conditions to that or the nearest other customs airport where it shall make a written declaration of that fact, for investigation. Article 7. Upon landing at the first customs airport, the com-' mander of a foreign aircra.ft shall fill out a questionnaire as to the aircraft, crew, passengers, and course (Art. 16), and shall submit to the authority the following documents: a) the certificate of registration of the aircraft; b) the certificate of airworthiness of the aircraft; c) the license of each crew member and the respective cer- tificates (of technical proficiency and physical fitness); d) proof of insurance coverage against injuries to third parties on the ground (Art. 16, paragraph c). First Paragraph. The airport authorities shall examine each of these documents and shall ascertain whether their contents are in agreement with the entries on the questionnaire. Second Paragraph. When the airport authorities determine that the documents furnished are not in order and valid, in conformity with the Chicago Convention and its annexes, or if there is doubt with respect to any of the statements made in the questionnaire, con- cerning the nature of the transportation or the purpose of the trip, the aircraft shall be detained pending a decision of the Civil Aero- nautics Board. Third Paragraph. In any of the circumstances foreseen in the Sec- ond Paragraph, the airport authorities shall communicate by tele- graph with the Board, which shall send instructions thereon within the shortest time possible. Article 8. The Authorities at a customs airport shall communicate to the Police, Health and Customs authorities the estimated date and time of arrival at the national territory of each foreign aircraft (Articles 2, 3 and 4), and shall only permit the flight to be continued after all formalities related to the landing of passengers, crews, bag- gage, and freight have been met to the satisfaction of those authorities. SECTION B-STAY or AN AIRCRAFT IN BRAZIL Article 9. The maximum period of stay on Brazilian territory of any aircraft referred to in Chapter I of this Decree, shall be 105 days, absent express extension by the competent authority. First Paragraph. Upon the completion of 90 days from the date of the arrival of the aircraft at the first Brazilian customs airport PAGENO="0298" 292 AIR LAWS AND TREATIES OF THE WORLD and if it is desired to extend that period, the owner, leesee, or com- mander shall communicate to the aeronautics authority how long he plans to have the aircraft remain in Brazil, in what States, Territories or regions it will be used and the airport where the aircraft will be based. Second Paragraph. Such communications shall be made to the Civil Aeronautics Board either directly or through the airport author- ities where the aircraft may be found upon the completion of the 90 day period-for consideration by the authority. Third Paragraph. When the 105 days from the arrival of the air- craft at the customs airport of entry have expired and no extension of the stay has been granted in the manner set forth in the preceding paragraphs, the foreign aircraft shall be detained at the airport on which it is and from there it may take off only to depart from the national territory on the route and with the stops designated for it to reach the border in the direction of one of the adjoining countries. Article 10. The period of stay and the route of the aircraft dealt with in Chapter II shall be set out in the authorizations granted. When the period has expired, the provisions of the third paragraph of Article 9 shall govern. Article 11. Depending upon the circumstances and when the author- ities of the Ministry of Aeronautics deem it necessary, any foreign aircraft shall be ordered to leave Brazil, or shall be prevented from any flight prior to departure, or shall be restrained to prevent its departure before doubtful aspects may be clarified concerning its flight or stay in Brazil, or fines or bonds to cover damages or injuries caused, have been paid. First Paragraph. The detention of an aircraft shall be dependent upon an investigation or other formality which may be undertaken from the time when the Brazilian authorities have knowledge of the fact which, in their judgment, gives evidence of any of the violations referred to in the following paragraph. Second Paragraph. The measures indicated in this Article shall be taken when regulations or laws have been violated generally, and specifically when any of the following violations or infractions have been committed: a) Failure to observe the law, regulations, traffic rules or in- structions which regulate the operation of foreign aircraft (arti- cles 9, 10, 11, 12 and 13 of the Convention on International Civil Aviation, Chicago 1944); b) effecting transportation for money (Article 7 of the Con- vention) by aircraft to which Chapter I pertains; c) failure to pay fees for the use of the airport or failure to pay taxes and/or assessments upon the aircraft (Article 15 of the said Convention); d) failure to pay fines which might be imposed upon the owner, charterer, or lessee of the aircraft and/or its commander for violation of laws, regulations, or rules pertaining to air traffic; e) the use of the aircraft by third parties, of foreign or Brazil* ian nationality, directly or indirectly, or for the benefit and/or in the service of third parties even when flown by the same pilot who brought it into Brazilian territory; PAGENO="0299" AIR LAWS AND TREATIES OF THE WORLD 293 f) the illegal sale, charter, or hire of an aircraft to third parties either foreign or Brazilian while the aircraft remains in Brazil; g. the use of any manner of subterfuge or any other fraudu- lent means to avoid the observance of Brazilian laws and regula- tions on the matter of the entry of aircraft, on the matter of ac- cessories and spare parts for the same, or of merchandise in gen- eral, and/or concerning dealings in foreign exchange. SECTION C-FLIGHT OF AIRCRAFT IN ~RRAZIL Article 12. Upon departure from the customs airport of entry, all flights by foreign aircraft shall follow th&flight plan approved by the Brazilian authorities at each airport where the aircraft may land. Article 13. For reasons of flight safety and as determined by the Directorate of Air Routes, flight plans which might encompass areas which are devoid of aids to air navigation shall not be approved. First Paragraph. If, however, the commander of a foreign aircraft does not concur with the rejection of his flight plan, he may file a pe- tition with the Directorate of Air Routes setting forth the routes to be followed and asking to be granted special permission as provided for in the second part of Article 5 of the Convention on International Civil Aviation (Chicago, 1944). Second Paragraph. The petition referred to in the first paragraph may be presented to a flight safety agency which, in turn, shall submit it to the decision of the Directorate of Air Routes. The request shall not be given any consideration if the Directorate, upon examination of the particular case, judges that the flight is inadvisable due to unsafe conditions under which it would have to be carried out. Article 14. At every airport where a foreign aircraft lands, the au- thorities shall verify the validity of the certificates of airworthiness of the aircraft, the certificates pertaining to each member of the crew, and the proof of insurance against damages to third parties while on the ground (Article 7, paragraphs b, c, and d) as well as whether the period of stay is still unexpired. SECTION D -DEPARTIfl~E OF AIRCRAFT Article 15. When leaving Brazil, every foreign aircraft shall make a final landing on a Brazilian customs airport, where it shall indicate the first landing it will make abroad. Sole Paragraph. The authorities at the customs airport shall per- mit the departure of the aircraft when the aviation authorities do not consider it disabled and after it has been cleared by the police, cus- toms and health authorities, and such fact shall be immediately com- municated to the Division of Traffic and the Civil Aeronautics Board. CHAPTER IV-GENERAL PROVISIONS Article 16. The Ministry of Aeronautics shall publish, and revise as needed, the following information: a) the list of customs airports in operation in Brazil; b) a statement as to the countries which are members of the Convention on International Civil Aviation (Chicago, 1944), with a list of the nationality markings assigned to each country; PAGENO="0300" 294 AIR LAWS AND TREATIES OF THE WORLD c) the approved insurance coverage against injuries to third parties on the ground; d) the type of questionnaire referred to in Article 7 and any others which may be deemed suitable. Article 17. Tn order that the procedures set out in this Decree might more feasibly be carried into effect and observed, the Ministry of Aeronautics, upon notice to the Commission for Studies Relative to International Air Navigation (CERNAI), may promulgate regula- tions deemed to be necessary, and the Civil Aeronautics Board shall, as a matter of course, establish an appropriate system of controls over~ the term of stay of foreign aircraft in Brazil, so organized that the facts concerning any aircraft shall be known at any and all times; that is, from the time it enters the national territory until it departs. Article 18. The Directorate of Air Routes shall inform the units which constitute the Flight Safety Service as to those areas over which flight plans will not be approved (Article 13). Article 19. This Decree shall take effect after the legal waitin~ period (Article 1 and accompanying paragraphs of Decree No. 4,65~ of 9.4.42 and all preceding statutes to the contrary shall be abrogated.) Its provisions may be applied by the Ministry of Aeronautics, to those who desire it, prior to that term. PAGENO="0301" BULGARIA LAW ON AERIAL NAVIGATION (DV No. 68, MARCH 24, 1948) AND REGULATION CONCERNING CONTROL OVER AERIAL NAVIGATION (DV No. 36, FEBRUARY 14, 1948) LAW ON AERIAL NAVIGATION 1 Section 1. The State shall have the monopoly of aerial navigation in the country. Aircraft and all aeronautical equipment shall belong to it. Public organizations and private persons may not possess and use aircraft without permission from the Council of Ministers. Section ~. The administration of civil aerial navigation shall or- ganize and direct all activities of civil aviation. Exceptions shall be made upon decision of the Council of Ministers. The organization, work structure, and scope of activity of civil aerial navigation [as well as], the rights and duties of its employees shall be governed by a regulation approved by the Council of Ministers. This organization, work structure, and scope of activity of the [military] air forces [as well as] the rights and duties of their em- ployees shall be governed by the law on the armed forces. The organization and scope of activity of air sport shall be gov- erned by a regulation approved by the Council of Ministers. Section 3. Civil aircraft must be entered on the register for air- craft at the administration of civil aerial navigation. On registra- tion they shall receive proper insignia and documents. In order to fly, civil aircraft and persons who are aboard must meet the requirements prescribed in the special regulation approved by the Council of Ministers. Section 4. Persons who have obtained training in aerial navigation shall receive a certificate of qualification (brevet). Section 5.. Foreign aircraft may fly over the country and land in it only with special permission, while aircraft of States with which Bulgaria has entered into an aerial navigation convention [shall fly] in accordance therewith. The crew and passengers of these airplanes must possess the neces- sary documents and permits according to the laws and regulations of the country. Section 6. Aircraft which fly' over Bulgarian territory and persons traveling aboard may not carry objects of such a nature as to endanger the security of the country or to present a danger for the passengers and the aircraft. Section 7. Air traffic over certain areas may be prohibited tem- porarily or permanently, entirely or up to a certain altitude. 1 PublIshed in Durzhaven Vestnik (Bulgarian Official Law Gazette, hereinafter abbrevi- ated as DV), No. 68, Mar. 24, 1948. Since December 1950: IPNIS. 295 PAGENO="0302" 296 AIR LAWS AND TREATIES OF THE WORLD Section 8. Foreign aircraft which are permitted to fly over Bul- garian territory must cross the borders at precisely fixed places and altitudes and follow fixed air routes. Foreign aircraft may land only on airports open to them. Section 9. No construction work may be done around airports with- out the permission of the aerial navigation authorities. Section 10. Control over aircraft which fly over Bulgarian terri- tory and do not land at the airports, issuance of permits to foreign aircraft to fly over the country, to take off or land in it during peace- time, shall belong to the jurisdiction of the Ministry of the Interior, to which all other government agencies as well as all citizens must render full assistance. This control shall be exercised according to the regulation approved by the Council of Ministers. During a period of war, the control over aerial navigation shall be exercised by the Ministry of National Defense. Section 11. Airport fees shall be fixed by ordinances issued by the administration of civil aerial navigation. Section 13. [Repealed by Section 12 of the Edict on Pensions, Lump-Sum Remuneration, and Aids to Civil Aviation Pilots of Feb- ruary 17, 1953, IPNS No. 14]. Section 13. Pilots shall receive special remuneration for flying and remuneration for hours or kilometers flown by them in the amount and under the conditions indicated in a special regulation approved by the Council of Ministers. Technicians and specialists in aerial navigation and all other aerial navigation personnel shall receive special technicians' and bonus re- muneration. The amount and conditions for the receipt of such re- munerations shall be fixed by a separate regulation approved by the Council of Ministers. Persons employed in aerial navigation, when flying in an official capacity, shall have the right to remuneration under Paragraphs 1 and 2 of Section 12 as well as to remunei~ation for the hours and kilometers flown by them. [See section 12, supra.] Section 14. For every violation of the provisions of this law and* the regulations, ordinances and directives concerning aerial naviga- tion issued pursuant to this law, the authorities of the Ministry of the Interior, the Ministry of National Defense, and the Ministry of Rail- road, Automobile and Water Communications-the administration of civil aerial navigation-shall prepare a record which shall have full evidentiary power until the contrary has been proven. They may also make an investigation for clarification of the circumstances stated in the record and take proper measures against violators. If necessary, they may contain [i.e., detain] the aircraft and per- sons aboard it until the question is settled by the competent authorities. Section 15. For every crossing of the borders of the country with- out permit by an aircraft, for carrying prohibited objects, non- observance of the air routes when in flight, landing or taking off out- side airports without [being in] distress; for [committing] a viola- tion of the flight rules; for allowing persons not possessing proper documents in the aircraft; for failure to permit the control authorities to supervise the aircraft, the guilty persons shall be punished by imprisonment in a dark cell, unless another law provides more severe PAGENO="0303" AIR LAWS AND TREATIES OF THE WORLD 297 punishment; and the aircraft and objects found in it may be con- fiscated. Sectiün 16. [Repealed by Section 334 of the Criminal Code of February 13,1951, IPNS No. 13, as amended]. Section 17. [Repealed by the Law on the Court and the Government Attorney's Office in Transport Cases of February 24, 1950, DV No. 46 in connection with Regulation of the Council of Ministers of Decem- ber 18, 1954, concerning creation of Department of Civil Air Trans- port "TABSO"]. Section 18. For all other violations of the present law and the regu- lations, ordinances and directives issued concerning aerial navigation pursuant to this [law], the authorities of the Ministry of the Interior, the Ministry of National Defense and the Ministry of Railroad, Auto- mobile and Water `Communications-the administration of civil aerial navigation-may impose fines of up to 100,000 leva, as determined by the same regulations. An order for punishment by fines of up to 10,000 leva shall not be subject to appeal. Section 19. Regulations and ordinances shall be issued in implemen- tation of the present law. The present Law shall repeal the Law on Aerial Navigation to- gether with all amendments and supplements as well as all other laws which contradict it. The enforcement of the present Law shall be assigned to the M1n- ister of the Interior, the Minister of National Defense and the Min- ister of Railroad, Automobile and Water Communications. REGULATION CONCERNING CONTROL OVER AERIAL NAVIGATION2 CHAPTER ONE-GENERAL PROVISIONS Section 1. The present Regulation shall have the task of determin- ing the conditions of crossing the' border by aircraft and their flights over the territory (land and territorial waters) of the country [Bul- garia] in peace time. Section 2. Control of the air traffic over the country [Bulgaria] shall be exercised by the Ministry of the Interior. The regulation issued by the Minister of National Defense shall apply to Bulgarian military aircraft. For the observance of the rules concerning flights and landings outside of airports, they [mili- tary aircraft] shall be placed under the control of the supervisory authorities according to the present Regulation. CHAPTER TWO-RIGHT TO FLY OVER BULGARIAN TERRITORY Section 3. Bulgarian civil aircraft may fly, after they have been entered on the aerial navigation register at the Directorate of Air Communications and issued a permit for this purpose. This permit shall certify the airworthiness of the aircraft and its Bulgarian nationality. Section 4. No aircraft may fly over Bulgarian territory if they do not have the proper insignia and documents. 2Durzhaven Vestnik (Bulgarian Official Law Gazette), No. 36,~ February 14, 1948. PAGENO="0304" 298 AIR LAWS AND TREATIES OF THE WORLD All Bulgarian civil aircraft must display the signs LZ and the col- ors of the Bulgarian flag on the vertical rudder of the tail. [Amended by Resolution of the Council of Ministers of October 4, 1950, DV No. 234]. All Bulgarian military aircraft shall have, on both sides of their body, on the undersides and on the vertical rudder, a five-pointed star with red rays against a background of concentric red, green and white circles. Section 5. All Bulgarian pilots who perform services in aircraft must, when flying, have certificates (brevet), a permit (flight order) and service identification cards while a1l other citizens, flying with them [must have] identification cards. Section 6. No Bulgarian aircraft may take off without having a flight plan, certified by the commanding officer of the aircraft before departure; a permit for the aircraft; a document showing that [it] is registered; a logbook for the aircraft; and a list of the crew and passengers. If flying abroad [they must have] passports for all per- Sons flying on the aircraft; permission of the respective States through which the aircraft is going to fly; while the pilots [must. have] the documents prescribed in Section 5. Section 7. Civil and military aircraft of States with which Bulgaria has entered into aerial navigation conventions shall observe the pro- visions of these conventions, as well as the law on aerial navigation and the provisions of the present Regulation, inasmuch as the latter have not been repealed by the same conventions. Civil and military aircraft of States which do not . have [entered into] aerial navigation conventions with Bulgaria may cross the borders, fly over, land in, and take off from the country only if they have special permission therefor. Section 8. Requests to fly over Bulgarian territory by foreign air- craft shall be ified through the Ministry of Foreign Affairs. In this request [the following] must be indicated: type and insignia of the aircraft; purpose of flight; route and time of flight; stay on Bulgarian territory; names of crew and passengers; declarations that the latter know the aerial navigation provisions of the country [Bul- garia], that [they] have valid documents in accordance with Sections 5 and 6 [of this Regulation] and that [they] do not carry explosives, military equipment, still cameras, movie cameras, pigeons and radio- sets, but the weapons [they do carry are accompanied by] a permit. The flight permit and the papers according to Sections 5 and 6 must be carried in the aircraft. Section 9. If the request [to fly] is for a civil aircraft, the permis- sion shall be issued by the Ministry of the Interior, and if [the request] is for a military one, the permission shall be issued by the same min- istry in concurrence with the Ministry of National Defense. The permission must indicate the date; period of time for crossing the border; the border place over which the aircraft is going to fly; route and time of flight; period of time for the stay on Bulgarian ter- ritory; names of crew and passengers; declarations which they made; permissions and prohibitions which have been determined for them. Section 10. A foreign aircraft which has permission to fly over Bulgarian territory must give notification thereof through diplomatic channels [within] 24 hours before the flight. PAGENO="0305" AIR LAWS AND TREATIES OF THE WORLD 299 The notification may not be dispensed with by conventions; how- ever, the time [of flight] may be amended or the notifications may be made once for several flights. Section 11. Foreign aircraft which do not cross the border at the fixed time and place lose the right granted by the permission, and, in order to fly over, must request permission anew. If such aircraft is damaged in the course of the trip or [has] excus- able reasons and is able to fly over within 48 hours after the expiration of its time, it may ask by radiocable for an eventual prolongation of the time for flying over. Section 12. As military aircraft shall be considered all [those] which: (1) have military persons among the crew (whether or not in uniform); (2) are included in the [military] air forces of a State; (3) carry arms or are equipped for carrying such [arms]; or (4) carry still cameras, movie cameras or military equipment for observation or measurement [mapping~1. Section 13. Foreign aircraft, when flying over Bulgarian territory, may not carry prohibited objects and persons. In case of violation, the object shall be confiscated, and the persons [shall be] detained. Foreign aircraft may not carry: arms, explosives, military equip- ment, still cameras, movie cameras, pigeons and radio sets, with the exception of the radio sets which are aboard. They [the foreign air- craft] may be allowed to carry light weapons. CHAPTER THREB-FLIGHT~ LANDING AND DEPARTURE (YE AIRCRAFP Section 14. Aircraft may land on, and take off, from an airport, and in case of distress must try to land only on empty, unfenced places or on water. No objects shall be thrown out of the aircraft except in cases of emergency. Use of combat material on board aircraft shall be prohibited. Section 15. Aircraft may not fly over inhabited areas, railroad sta- tions, factories, construction [sites], electrical centers, dams, bridges, anteunas, aircables, and the like at a height below 500 meters, nor perform acrobatic flights over such places, and over inhabited areas at a height below 800 meters. Section 16. A foreign aircraft which has permission to fly over the country [Bulgaria] must cross the border at the place and time as- signed and fly no higher than 500 meters measured from the highest point within a region of 5 kilometers; [must] fly in corridors as speci- fied in the permission, without delay and deviation from its route; and [must] land only at the airport of Vrazhdebna [near Sofia] or at the airport specified in the [international] convention or the permission. Section 17. After landing at the airport, the commanding officer of the foreign aircraft must present his documents and file a question- naire-declaration, submitted to him by the airport authorities. Thereafter, the commanding officer, the crew and the passengers shall facilitate the control upon them and the aircraft. They shall observe the order of the airport and all police, customs, sanitary and financial 67717 O-~61----~--2O PAGENO="0306" 300 AIR LAWS AND TREATIES OF THE WORLD regulations in the country [Bulgaria], as well as pay all fees due. After the control and verification of flight plan, the foreign air- craft must take off at the hour [time] assigned in the route, fly iii the corridor assigned, without delay and deviation from the route and cross the border at the time and place assigned, at a height below 500 meters, measured from the highest point within a region of 5 kilo- meters. Section 18. A foreign aircraft which flies over the country [Bul- garia], has permission therefor and observes the aerial navigation regulations and its permission, shall enjoy the same assistance as Bulgarian aircraft, upon payment of the fixed fees. Section 19. [Air] traffic in certain zones may be prohibited tempo- rarily or permanently, entirely or below a certain altitude. Places for crossing the border by foreign aircraft, corridors in which they may fly and zones prohibited to them shall be communi- cated to the foreign countries through diplomatic channels. Section 20. A foreign aircraft which [flies 3] over Bulgarian terri- tory without permission, or if [it] has permission but does not cross the border at the time, place and height assigned, does not fly in the air routes, enters a prohibited zone, does not stop at the airport of Vrazhdebna or at the airport fixed in the convention or its per- mission, [if] parachutes or objects are dropped from it, [if it] causes damage, deviates from its air route or is late without communicating the cause for the tardiness, violates the laws and this Regulation, shall be warned by on order-signal for landing-by three shots, fired in an interval of 10 seconds, which are to oblige it to direct itself in the shortest way [possible] to the nearest corridor and [follow- ing] this [corridor] to fly towards the airport of Vrazhdebna or the airport fixed in the convention or its permit; in doing this it [must] fly below 500 meters of height. If the aircraft does not obey the order-signal, it shall be forced by shooting or other compulsory means to fulfill the order; it may also be destroyed. Section 21. After the shooting down of such aircraft, it and the persons aboard shall be detained, a record shall be drawn up by the authorities of the people's police or border armed forces, and the violators shall be delivered to the judicial authorities. Section 22. If the aircraft falls or lands outside the airport, the au- thorities of the people's police and/or the border armed forces, with the assistance of all other state authorities, must immediately take proper measures to establish the reasons for the landing, the nation- ality of the aircraft, [and must take] measures for aid and for the detention of `the aircraft as well as the persons aboard it, especially if [the aircraft] is a foreign one, flies without permission and has landed voluntarily. In such cases, the authorities of the Ministry of the Interior shall draw up a record; if [persons] are killed [the authorities] shall im- mediately notify the nearest government attorney. [In case an] aircraft has landed or crashed at the airport, its com- manding officer must take measures that nobody leaves it [the air- ~ Translator's Note: The original text does not contain this verb; there is only a bianis space. PAGENO="0307" AIR LAWS AND TREATIES OF THE WORLD 301 craft] and no objects are taken away from it and [that all] wait for the arrival of the authorities of the Ministry of the Interior, without the permission of which [the aircraft] may not fly off [depart]. After the arrival of the state authorities, the commanding officer, crew and passengers shall deliver their papers, permit control [of the aircraft] and, if so ordered, leave the aircraft. If the control authorities do not arrive, the commanding officer shall, without leaving [the place], give signs and signals concerning the accident, for the purpose of informing the latter [the control authorities]. Section 23. An aircraft which has landed or crashed outside an air- port may not fly off without permission of the authorities of the Ministry of the Interior; which [fact] shall be entered on its log. If such an aircraft flies off without permission, it is to be given an order-signal for landing in accordance with Section 20. Section 24. If the landed or crashed aircraft is Bulgarian, did not cause damage and has valid documents, it may be permitted to take off again. If damage is caused [by it], the authorities of the Ministry of the Interior shall draw up a record and [then it] shall be released to take off. Section 25. If the landed or crashed aircraft is foreign, has permis- sion and did not* commit. a violation, a record shall be drawn up in accordance with Section 24 after this has been established. If the landed or crashed aircraft is foreign and [it has] violated the aerial navigation, regulations, or regardless to whom the aircraft be- longs-[if] crimes are committed, a record shall be drawn up and the aircraft and persons aboard shall be detained. Section 26. If the landed or crashed aircraft cannot fly off or it has to be detained, it must be safeguarded until it has been repaired or removed. The state authorities shall not be responsible for damage caused to such an aircraft in the course of its removal for the purpose of its detention or because it could not fly off, if sufficient care has been taken for its safeguarding. Section 27. If the persons traveling aboard the foreign aircraft do not observe the regulations of the airport, the laws of the country and this Regulation, or such aircraft does not fly off at the fixed time, the commanding officer shall be warned to take off and leave the country [Bulgaria] in the determined manner, whenever this is possible, within three hours. If he does not comply with such an order, the aircraft shall be confiscated, while the persons accompanying it shall be sent across the border as long as they are not to be detained for purposes of prosecution in accordance with the laws of the country. Section 28. The commanding officer shall be responsible also for all crimes, violations, and damage committed in or by the aircraft or by the persons aboard it. CHAPTER FOUR-CONTROL Section 29. The Minister of the Interior shall carry out, through the people's police, border armed forces, and other persons especially PAGENO="0308" 302 MR LAWS AND TREATIES OF THE WORLD authorized for that purpose, the control of aircraft which cross the border, fly over Bulgarian territory, land, and take off from it. Section 30. The Ministry of the Interior may, if the interests of the country so require, withdraw the permission already granted to a foreign aircraft to fly over [Bulgarian territory], or [it may] order the departure of the foreign aircraft which is still in the country [Bulgaria] together with the persons accompanying it. Section 31. The Ministry of the Interior shall organize observation and warning posts for control over aircraft as well as services to pre- vent the commission of violation of the aerial navigation regulations in the country [Bulgaria]. Section 3~. All other state agencies and private persons shall be obliged to give assistance to the control services of the aerial naviga- tion [authorities]. Section 33. The observation and warning services of the aerial navi- gation [authorities] must be informed in due time concerning all permissions granted for flying of foreign aircraft, for crossing the border by Bulgaria.n and foreign aircraft, as well as all flights within a district of 20 kilometers along the border. Section 34. For all violations [of] the provisions of the law on aerial navigation, this Regulation and other aerial navigation regula- tions, the control services of the aerial navigation as well as all other state agencies and private persons shall inform the Ministry of the Interior-Service of "Control of Aerial Navigation," in the fastest way possible. The latter shall also inform the service [the agency] whose airplane has committed the violation. Section 35. For every violation of the law oh, aerial navigation, this Regulation and other aerial navigation regulations, the agencies of the Ministry of the Interior and other agencies authorized by the Ministry of the Interior shall draw up a record which shall have, full evidentiary power until the contrary has been proven. They may also initiate an investigation for clarification of the circumstances under the record as well as when other crimes are committed. If necessary, they may detain the aircraft and the persons aboard it until the question is settled by the judicial authorities. Records drawn up on the grounds of this Regulation, in cases of crime, shall be forwarded to the proper government attorney, and if [these records] establish only civil damages, [these] shall be for- warded to the Ministry of the Interior for appropriate measures and [placed] at the disposal of the [persons] concerned. Section 36. For every flight by foreign aircraft over the border of the country [Bulgaria] without proper permission, without the docu- ments required by this regulation, when [they] carry objects which are prohibited to be carried, when the border is crossed not in the fixed places or not in the air routes, or in prohibited zones, or heights, when [they] do not land on, or take off from an airport without proper permission, the violators shall be punished according to the law on aerial navigation. For all violations of the provisions of this Regulation, penalties shall be imposed in accordance with the law on aerial navigation or in accordance with the law on the people's police. Section 37. Issuance of an ordinance concerning the airport fees shall be assigned to the Director of Air Communications. PAGENO="0309" AIR LAWS AND TREATIES OF THE WORLD 303 Section 38. [Issuance of] a map of the country [Bulgaria] indic~t- ing the prohibited zones, the air routes, the border places for flights by aircraft and the permitted heights to be flown over by them shall be assigned to the Minister of the Interior in concurrence with the Minister of National Defense. Section 39. Also, all crimes, violations, and damage committed in the airspace over the Bulgarian territory shall be adjudicated in ac- cordance with the laws of the country [Bulgaria]. Section 40. Enforcement of the present Regulation shall be as- signed to the Ministry of the Interior. The present Regulation shall repeal the regulation of 1934 con- cerning the fligl1t of foreign [air] craft over Bulgaria. PAGENO="0310" PAGENO="0311" CANADA CHAPTER 2. An Act to authorize the control of Aeronautics. SHORT TITLE. 1. This Act may be cited as the Aeronautics Act. R.S., Short title. c. 3, 5. 1. PART I. 1944-45, c. 28, s. 1. INTERPRETATION. 2 In this Part "Minister" means the Minister of "Minister" defined. Transport or such other Minister as the Governor in Council may from time to time designate, except that in any matter relating to defence, "Minister" means the Minister of National Defence. 1950, c. 23, s. 1. 3. It is the duty of the Minister Duties of (a) to supervise all matters connected with aeronautics; Minister. (b) to undertake, and to co-operate with persons under- taking, such projects, technical research, study or in- vestigation as in his opinion will promote the develop- ment of aeronautics in Canada; (c) to construct and maintain all Government aero- dromesand air stations, including all plant., machinery and buildings necessary for their efficient equipment and upkeep; (d) to control and manage all aircraft and equipment necessary for the conduct of any of Her Majesty's services; (e) to operate such services as the Governor in Council may approve; (f) to prescribe aerial routes; (g) to co-operate with other officers of Her Majesty, and to assist in the carrying out of any services under their jurisdiction that may require aerial work of any nature, and to collaborate with the officers employed in existing air services of Her Majesty in such extension of their present work as the development of aeronautics may require; 305 PAGENO="0312" 306 AIR LAWS AND TREATIES OF THE WORLD (h) to take such action as may be necessary to secure, by international regulation or otherwise, the rights of Her Majesty in respect of Her Government of Canada, in international air traffic; (i) to co-operate with the officers of his Department on all questions relating to the air defence of Canada; (j) to co-operate with the Air staffs or authorities of other governments or countries for any purposes pertaining to air services; (k) to investigate, examine and report on the operation and development of commercial air services within or partly within Canada or the limits of the territorial waters of Canada; (1) to consider, draft and prepare for approval by the Governor in Council such regulations as may be con- sidered necessary for the control or operation of aero- nautics in Canada or within the limits of the territorial waters of Canada and for the control or operation of aircraft registered in Canada ~vherever such aircraft may be; and (m) to perform such other duties `as the Governor in Council may from time to time impose. R.S., c. 3, s. 3; 1950, C. 23, S. 2. Powersof 4. (1) Subject `to the approval of the Governor in ~Iinis~er Council, the Minister may make regulations to control and regulations regulate air navigation over Canada and the territorial ~~oval waters of Canada and the conditions under which aircraft of Governor registered in Canada may be operated over the high seas in Council. or any territory not within Canada, and, without restricting the generality, of the foregoing, may make regulations with respect to (a) licensing pilots and other persons engaged in the navigation of aircraft, and the suspension and revoca- tion of such licences; (b) the registration, identification, inspection, certifica- tion and licensing of all aircraft; (c) the licensing, inspection and regulation of all aero- dromes and air-stations; (d) the conditions under which aircraft may be used or operated; (e) the conditions under which goods, mails and pas- sengers may be transported in aircraft and under which any act may be performed in or from aircraft or under which aircraft may be employed; PAGENO="0313" AIR LAWS AND TREATIES OF THE WORLD 307 (1) the prohibition of navigation of aircraft over such areas as may be prescribed, either at all times or at such times or on such occasions only as may be speci- fied in the regulation, and either absolutely or subject to such exceptions or conditions as may be so speci-. fled; (g) the areas within which aircraft coming from any places outside of Canada are to land, and the condi- tions to be complied with by any such aircraft; (h) aerial routes, their use and control; (i) the institution and enforcement of such laws, rules and regulations as may be deemed necessary for the safe and proper navigation of aircraft in Canada or within the limits of the territorial waters of Canada and of aircraft registered in Canada wherever such aircraft may be. (2) Any regulation made under subsection (1) may ~ authorize the Minister to make orders or directions with ~7regu1~~ respect to such matters coming within this section as the ~~~ria1 regulations may prescribe, order or direction. (3) Every person who violates the provisions of a regu- Offence lation is guilty of an offence and is liable on summary and penalty. conviction to a fine ndt exceeding five thousand dollars, or to imprisonment for a term not exceeding one year or to both fine and imprisonment. (4) Every person who violates an order or direction Idem. of the Minister made under a regulation is guilty of an offence and is liable on summary conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months or to both fine and impri- sonment. R.S., c. 3, s. 4; 1950, c. 23, s. 3. 5. (1) The Governor in Council may make regulations ~overno~ prescribing the compensation to be paid, the persons to ~ whom, and the manner in which, such compensation shall prescribe be payable, for the death or injury resulting directly from ~ a flight undertaken in the course of duty in the public payable for service of Canada of any person employed in the public T~j~r~ service of Canada, or employed under the direction of any directiy resulting aepartment of the public service of Canada. from a (2) Such regulations shall not extend to the payment of i~etrtaken compensation for any death or injury in respect of which ii~ ~ourse provision for the payment of compensation or a gratuity ° U 3. or pension is made by any other Act, unless the claimant elects to accept the said compensation, instead of the com- pensation, gratuity or pension under any such other Act. R.S., c. 3, s. 7. PAGENO="0314" 308 AIR LAWS AND TREATIES OF THE WORLD PART II. INTERPRETATION. Definitions. 6. (1) In this Part, "Aircraft." (a) "aircraft" means any machine used or designed for navigation of the air; "Air (b) "air carrier" means any person who operates a carrier. - commercial air service; "Board." (c) "Board" means the Air Transport Board; "Commercial (d) "commercial air service" means any use of aircraft air service." in or over Canada for hire or reward; "Hire~ (e) "hire or reward" means any payment, considera- tion, gratuity or benefit, directly or indirectly charged, demanded, received or collected for the use of an aircraft by a person who, as owner, lessee, hirer, pilot or otherwise, has possession of or control over the aircraft or has directed the movement of the aircraft; "Minister." (f) "Minister" means the Minister of Transport or the Minister designated by the Governor in Council under section 2. Application. (2) This Part does not apply to aircraft that are used by Her Majesty's Forces or by any armed forces co-oper- ating with Her Majesty's Forces and bear the insignia or markings of Her Majesty's Forces or any such forces. 1944-45, c. 28, s. 6; 1945, c. 9, s. 1; 1950, c. 23, s. 4. Air 7. (1) There shall be a board to be known as the Air liport Transport Board consisting of three members appointed by the GovernOr in Council. Termof (2) The members shall hold office during good behaviour office, for a period of ten years, but may be removed at any time for cause by the Governor in Council and the members first appointed shall be appointed for periods of ten, seven and four years respectively. Re-appoint- (3) Any retiring member is eligible for re-appointment. Payment (4) Each member shall be paid such sum for his services of services, as the Governor in Council may from time to time deter- mine. Chairman. (5) The Governor in Council shall designate one of the members to be chairman of the Board. Substitutes. (6) If any member of the Board by reason of absence or other incapacity is unable at any time to perform the duties of his office, the Governor in Council may appoint a temporary substitute member upon such terms and conditions as the Governor in Council may prescribe. PAGENO="0315" AIR LAWS AND TREATIES OF THE WORLD 309 (7) No member of the Board shall either directly or Independ- indirectly engage in manufacturing or selling aircraft or in the transport of goods or passengers by aircraft for ~ th~ `hire or reward and no member of the Board shall be a oar shareholder, member, director or partner of any company, association or firm engaged in manufacturing or selling aircraft or in the transport of goods or passengers by air- craft for hire or reward. (8) Two members of the Board constitute *a quorum. Quorum. (9) No vacancy on the Board impairs the authority Vacancies. of the remaining members to act. 1944-45, c. 28, s. 6; 1945, c. 9,s.2. 8. (1) The Board has full jurisdiction to inquire into, Jurisdiction. hear and determine any matter (a) where it appears to the Board that any person has Inquiries. failed to do any act, matter or thing required to be done by this Act or by any regulation, licence, permit, order or direction made thereunder by the Board, or that any person has done or is doing any act, matter or thing contrary to or in violation of this Part, or any such regulation, licence, permit, order or direction, or (b) where it appears to the Board that the circumstances may require the Board, in the public interest, to make any order or give any direction, leave, sanction or approval that by law it is authorized to make or give, or with respect to any matter, act, or thing that by this Part or `any such regulation, licence, permit, order or direction is prohibited, sanctioned or required to be done. (2) The Board may order and require any person to do, Mandatory forthwith, or within or at any specified time and in any orders. manner prescribed by the Board so far as it is not incon- sistent with this Act, any act, matter or thing that such person is or may be required to do under this Part, or any regulation, licence, permit, `order or direction made `there- under by the Board and may forbid the doing or continuing of any act, matter or thing that is contrary to this Part or any such regulation, licence, permit, order or direction and, for the purposes of this section, has full jurisdiction to hear and determine all matters, whether of law or fact. (`3) The Board shall, as regards the attendance, swearing Pow~rs of a and examination of witnesses, the production and inspec- cour. tion of documents, the enforcement of its orders, the entry of and inspection `of property and other matters necessary PAGENO="0316" 310 AIR LAWS AND TREATIES OF THE WORLD or proper for the due exercise of its jurisdiction, have all such powers, rights and privileges as are vested in a superior court of record. ~nfrrce~ent (4) Any decision or order made by the Board may, for orders. the purpose of enforcement thereof, be made a rule, order or `decree of the Exchequer Court or of `any superior court of any province of `Canada and shall be enforced in like manner as any rule, order or decree of such court. Practc~ce and (5) To make a decision or order of the Board a rule, order or decree of any such court, the practice and pro- cedure authorized by section 50 of the Railway Act may be followed with such variations as circumstances may require. 1945, c. 9, s. 3; 1950, c. 23, s. 5. W~tnesses 9. (1) The Board may order that any person resident evidence, or present in Canada may be examined upon oath before, or make production of books, papers, documents or articles to the Board, or any member of the Board, or before or to any officer of the Board, or before or to any other person named for the purpose by the order of the Board, and may make such orders as seem proper for securing the attendance of such witness and his examination, and the production by him of books, papers, documents, or articles, and the use of the eviden'ce so obtained, and otherwise exercise, for the enforcement `of such orders or punishment for disobedience thereof, all powers that are exercised by any superior court in Canada for the enforce- ment of subpoenas to witnesses or punishment of dis- obedience thereof. (2) No person is compellable, against his will, to at'tend for such examination or production at any place outside the province in which he is served with the order of the Board for the purpose, and every person attending pursuant to subpoena is, in the discretion of the Minister or the Board, entitled to receive fees and `allowances as if summoned to appear before the Exchequer C'ourt. Commissions (3) The Board may issue commissions to take evidence ~i~l~ce in in a foreign country, and make all proper orders for the foreign purpose, and for the return and use of the evidence so countries, obtained. 1945, c. 9, s. 3. Rules of 10. The Board may make rules for the regulation of its the Board. proceedings and the performance of its functions and duties under this Act. 1944-45, c. 28, s. 6. PAGENO="0317" AIR LAWS AND TREATIES OF THE WORLD 311 11. Subject to the directions of the Minister, the Board ~r shall from time to time make investigations and surveys surveys. relating to the operatic~i and development of commercial air services in Canada and relating to such other matters in connection with civil aviation as the Minister may direct. 1944-45, c. 28, s. 6. 12. The Board shall from time to time make recom- mendations to the Minister with reference to any investi- gation or survey made by it and shall advise the Minister in the exercise of his duties and powers under this Act in all matters relating to civil aviation. 1944-45, c. 28, s. 6. 13. Subject to the approval of the Governor in Council, Regulations. the Board may make regulations: (a) requiring air carriers to file with the Board returns with respect to their capital, traffic, equipment, work- ing expenditure and any other matters relating to the operation of commercial air services; (b) requiring any person to furnish information respect- ing ownership, transfer, consolidation, merger or lease or any proposed transfer, consolidation, merger or lease of commercial air services; (c) requiring copies of agreements respecting any such consolidation, merger, lease or transfer, copies of mail contracts and proposed mail contracts and copies of agreements affecting commercial air services to be filed with the Board; (d) establishing classifications or groups of air carriers or commercial air services; (e) prohibiting the transfer, consolidation, merger or lease of commercial air services except subject to such conditions as may by such regulations be prescribed; (1) excluding from the operation of the whole or any part of this Part or any regulation, order or direction made or issued pursuant thereto, any air carrier or commercial air service or class or group of air carriers or commercial air services; (g) prescribing fees for licences to operate commercial air services and requiring applicants for such licences to furnish information respecting their financial posi- tion, their relation to other air carriers, the nature of the proposed routes, the proposed tariffs of tolls and such other matters as the Board may consider advis- able; (h) prescribing forms for the purposes of this Part; PAGENO="0318" 312 AIR LAWS AND TREATIES OF THE WORLD (i) respecting traffic, tolls and tariffs, and providing for the disallowance or suspension of any tariff or toll by the Board, the substitution of a tariff or toll satis- factory to the Board or the prescription by the Board of other tariffs or tolls in lieu of the tariffs or tolls so disallowed; (j) respecting the manner and extent to which any regulations with respect to traffic, tolls or tariffs shall apply to any air carrier licensed by the Board or to any person operating an international air service pursuant to any international agreement or convention relating to civil aviation to which Canada is a party; (/c) prescribing the term of the licence and providing for renewal thereof; (1) prescribing maximum hours and other working con- ditions for pilots and co-pilots employed by any air carrier; (rn) prescribing forms of accounts and records to be kept by air carriers, and providing for access by the Board to such records; Penalties. (n) prescribing penalties, enforceable on summary con- viction, for (i) contravention of or failure to comply with this Part or any such regulations or a~iy direction or order made by the Board pursuant to this Act or such regulations, (ii) making any false statement or furnishing false information to or for the use or information of the Board, or (iii) making any false statement or furnishing false information when required to make a statement or furnish information pursuant to any regulation. direction or order of the Board. but such penalties shall not exceed a fine of five thou- sand dollars or imprisonment for six months, or both such fine and such imprisonment; and (o) providing for the effective carrying out of the provi- sions of this Part. 1944-45, c. 28, s. 6; 1945, c. ~, s. 5; 1950, c. 23, s. 6. Free and re- 14. Notwithstanding any previous contract or corn- rate mitment or any other general or special Act or provision, portation. no air carrier shall issue free or reduced rate transportation except with the approval in writing of the Boa.rd and under such terms, conditions and forms as the Board may direct. 1945, c. 9, s. 6. PAGENO="0319" AIR LAWS AND TREATIES OF THE WORLD 313 15. (1) Subject to the approval of the Minister, the Licences. Board may issue to any person applying therefor a licence to operate a commercial air service. (2) No such licence shall be issued in respect of a corn- ~ot to be mercial air service, owned, leased, controlled or operated OflS by any person who is engaged in the transport of goods or en~ag~in passengers for hire or reward by means other than aircraft ~r~af.tan unless the Governor in Council is of opinion that it is in the transport. public interest that such licence be issued. (3) The Board shall not issue any such licence unless it is On'y in satisfied that the proposed commercial air service is and will II~'I~ be required by the present and future public convenience condvenience and necessity. necessity. (4) The Board may exempt from the operation of the Exception. whole or any part of subsection (3), any air carrier or commercial air service or any class or group thereof, except a scheduled commercial air service operating wholly within Canada or the operator thereof either generally or for a limited period or in respect of a limited area, if in the opinion of the Board such exemption is in the public interest. (5) Notwithstanding the issue of a licence under sub- Operating section (1), no air carrier shall operate a commercial air ~ service unless he holds a valid and subsisting certificate issued to him by the Minister certifying that the holder is adequately equipped and able to conduct a safe operation as an air carrier over the prescribed route or in the pre- scribed area. (6) In issuing any licence, the Board may prescribe Route~ and the routes that may be followed or the areas to be served conditions. and may attach to the licence such conditions as the Board may consider necessary or desirable in the public interest, and, without limiting the generality of the foregoing, the Board may impose conditions respecting schedules, places of call, carriage of passengers and freight, insurance, and, subject to the Post Office Act, the carriage of mail. (7) The Board shall upon application grant to Trans- Li~ence to Canada Air Lines a licence to operate a commercial air service under such terms and subject to such conditions as will enable Trans-Canada Air Lines to perform any agreement made, under section 15 or 24 of the Trans- Canada Air Lines Act, between the Minister of Transport and Trans-Canada Air Lines or between the Minister of Transport and any corporation created under section 19 of that Act. PAGENO="0320" 314 AIR LAWS AND TREATIES OF THE WORLD Suspension, (8) The Board may issue a licence that differs from the cancellat~ion licence applied for and may suspend, cancel or amend any ment. licence or any part thereof where, in the opinion of the Board, public convenience and necessity so requires. ~&PPheals (9) Where the Board suspends, cancels or amends a ~initer. licence or any part thereof, refuses to issue a licence applied for, or attaches conditions to which the applicant objects, an appeal may~be made to the Minister. Cancellation (10) Where in the opinion of the Board, an air carrier ~u~en- has violated any of the conditions attached to his licence licence, the Board may cancel or suspend the licence. Appeal. (11) Any air carrier whose licence has been so cancelled or suspended may appeal to the Minister. rules 1 (12) The Board may make rules limiting the time and o appea ~. prescribing the manner in which appeals to the Minister may be made. 1944-45, c. 28, s. 6; 1945, c. 9, s. 9; 1950, c. 23, 5. 7. N~r*ration 16. (1) No person shall operate a commercial air ~ service unless he holds a valid and subsisting licence issued under section 15. Offence (2) Every person who violates subsection (1) is guilty and penalty, of an offence and is liable upon summary conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding one year or to both fine and imprisonment. Penalty to (3) Where a person guilty of an offence under subsection or officers of (2) is a corporation, every person who at the time of the corporation, commission of the offence was a director or officer of the corporation is guilty of the like offence unless he proves that the act or omission constituting the offence took place without his knowledge or consent, or that he exercised all due diligence to prevent the commission of such offence. 1950, c. 23, s. 9. G. in C. 17. The Governor in Council may authorize the Minister to enter into a contract with any air carrier for the grant of such assistance, financial or otherwise, as may be specified by the Governor in Council payable out of moneys to be appropriated by Parliament for that purpose. 1944-45, c. 28, s. 6. Powers 18. The powers conferred by this Part on the Board ~ shall be exercised subject to any international agreement or national convention relating to civil aviation to which Canada is agreement. a party. 1945, c. 9, s. 11. PAGENO="0321" AIR LAWS AND TREATIES OF THE WORLD 315 19. (1) An appeal lies from the Board to the Supreme Appeal from Court of Canada upon a question of jurisdiction or a question of law, or both, upon leave theref or being obtained ~our~of from a judge of the Supreme Court upon application made ana a. within one month after the making of the order, decision, rule or regulation sought to be appealed from or within such further time as the judge under special circumstances may allow, and upon notice to the parties and the Board, and the costs of such application are in the discretion of the judge. (2) On the hearing of any appeal, the Court may draw Court to all such inferences as are not inconsistent with the facts ~i~i~i~n to expressly found by the Board, and are necessary for deter- Board and mining the question of jurisdiction, or law, as the case may ~e'~a~rd- be, and shall certify its opinion to the Board, and the Board i~~gly. shall make an order in accordance with such opinion. (3) The Court may fix the costs to be paid upon such Coste. appeals, and the rules and practice applicable to appeals Rules and from the Exchequer Court are applicable to appeals under practice. this section. 1944-45, c. 28, s. 6. PART III. 20. Such officers, clerks and employees as may be neces- Employmeflt sary for the proper administration of this Act may be ~ employed in the manner authorized by law. 1944-45, emploYees. c. 28, s. 6. 21. A civil servant who prior to or at the time of his Civi1~ appointment under this Act as a me~mber of the Air Trans- port Board was or is a contributor under the provisions of ~~t1on the Civil Service Superannuation Act is eligible, notwith- preserved. *standing the Civil Service Superannuation Act, to continue to be a contributor under the said Act; his ser~~ice under this Act shall be counted as service in the Civil Service for the purposes of the Civil Service Superannuation Act and he, his widow and children, or other dependants, if any, are eligible to receive the respective allowances or gratuities provided by the said Act; and in the event of his being retired from his office or position under this Act for any reason other than that of misconduct, he is eligible to receive the same benefits under the Civil Service Superan- nuation Act as if his office or position had been abolished. 1944-45, c. 28, s. 6. 67717 O-61--21 PAGENO="0322" 316 AIR LAWS AND TREATIES OF THE WORLD Salaries 22. All salaries mentioned herein and all expenses in- ~enses. curred under the provisions of this Act shall be paid out of such money as may be appropriated by Parliament therefor. 1944-45, c. 28, s. 6. P~o~cution 23. A prosecution for any offence under this Act or the ~ regulations may be commenced at any time within twelve months, months from the time the offence is committed. 1950, c. 23, s. 10. Proof of 24. Tn any action or proceedings under this Act or* the documents, regulations (a) any document purporting to be certified by the Secretary or Assistant Secretary of the Air Transport Board and sealed with the seal of the Board or any document purporting to be certified by the Secretary of the Department of Transport. to he a true cop~r of any minute, decision, licence, permit, certificate, order, instruction, book of reference, book entry, or other document or any part thereof, is without proof of the signature of the Secretary or Assistant Secretary of the Board or of the Secretary of the Department of Transport, as the case may be, prima facie evidence of the original document. of which it purports to be a copy, made, given, or issued by or by the authority of or deposited with the Minister or the Board, as the case may be, and that the same was made, given, issued or deposited at the time stated in the certificate, if a time is stated therein, and is signed, certified, attested or executed by the persons by whom and in the manner in which the same purports to be signed, certified, attested or exeeuted as shown or appearing from such certified copy, and (b) a certificate purporting to be signed by the Secretary or Assistant Secretary of the Air Transport Board and sealed with the seal of the Board or a certificate pur- porting to be signed by the Secretary of the Depart- ment of Transport, stating that a valid and subsisting licence, permit, certificate or other document of authorization under this Act or any regulation made thereunder, has or has not been issued by the Minister or the Board, as the case may be, to a person or persons named in the said certificate, is prima facü~ evidence of the facts therein stated, without proof of the signature or of the official character of the person appearing to have signed the same and without further proof thereof. 1950, c. 23, s. 10. PAGENO="0323" AIR LAWS AND TREATIES OF THE WORLD 317 CHAPTER 302. An Act to amend the Aeronautics ActS 1. (1) Subsection (1) of section 4 of the Aeronautics Act, chapter 2 of the Revised Statutes of Canada, 1952, is amended by adding thereto the following paragraph: "(j) the height, use and location of buildings, structures Powers of and objects, including objects of natural growth, Mii~ister to situated on lands `adjacent to or in the vicinity of air- regulations ports, for purposes relating to navigation of aircraft oval of and use and operation of airports, and including, for Gover~ior in such purposes, `regulations restricting, regulating or Council. prohibiting `the doing of anything or the suffering of anything to be done on any such lands, or the con- struction or use of any such building, structure or object." (2) Section 4 of the said Act is further amended by adding th'ereto the following subsections: "(5) In addition to any other mode of publication pre- Publi~ation scribed by law, a copy `of every regulation made under the l~ns. authority of paragraph (j) of subsection (1), (.in this section called a "zoning regulation"), shall `be published in two successive issues of at least two newspapers serving the area wherein the `airport in relation to which the regulation was made is situated. (6) A plan and description of the lands affected by a Depositof zoning regulation shall be signed and deposited in the same manner as .a plan and description is by subsection (1) of of lands section 9 of the Expropriation Act required to be signed affected. and `deposited, and a copy of the regulation shall be deposi- ted with the plan and description. (7) Where a regulation deposited as required by sub- Amendments. section (6) is amended, a copy of the `amendment shall be deposited in the same office where the regulation amended thereby was deposited, `but a further plan and description need not be deposited unless additional lands are affected by the amendment. PAGENO="0324" 318 AIR LAWS AND TREATIES OF THE WORLD Compen. (8) Every person whose property is injuriously affected by the operation of a zoning regulation is entitled to recover from Her Majesty, as* compensation, the amount, if any, by which the property was decreased in value by the enact- ment of the regulation, minus an amount equal to any increase in the value of the property that occurred after the claimant became the owner thereof and is attributable to the airport. Time-limit. (9) No proceedings to recover any compensation to which a person may be entitled under subsection (8) by reason of the operation of a zoning regulation shall be brought except within two years after a copy of the regulation was deposited pursuant to subsection (6) or (7)." PAGENO="0325" AIR LAWS AND TREATIES OF THE WORLD 319 SOR/58-236 AERONAUTICS ACT Crop Spraying-Private Aircraft Order AIR NAVIGATION ORDER, SERIES VII, No. 1 The Minister of Transport, pursuant to the Aeronautics Act and the Air Regulations, is pleased hereby to make the annexed Crop Spraying- Private Aircraft Order (Air Navigation Order, Series VII, No. 1). Dated at Ottawa, this third day of June, 1958. GEORGE HEES, Minister of Transport. AIR NAVIGATION ORDER, SERIES VII, No. 1 CROP SPRAYING-PRIVATE AIRCRAFT 1. In this Order, "farmer" means a person whose chief source of income is from farming. 2. No farmer shall use or permit the use of his aircraft in the aerial spraying or dusting of crops unless, (a) as pilot-in-command he has not less than 150 hours flight time as pilot-in-command, including not less than 25 hours flight time on the type of aircraft being used, (b) when the aircraft is flown by a person other than a farmer, the pilot is the holder of a valid Commercial Pilot Licence, (c~ the spray tanks or dust hoppers have been installed in a manner that prevents danger to occupants of the aircraft from the dusting or spraying material, and (di only the minimum necessary flight crew members are carried on spraying or dusting flights. 3. Except. as authorized by the appropriate air traffic control unit, the aerial spraying and dusting of crops shall not be conducted within a control zone. PAGENO="0326" 320 AIR LAWS AND TREATIES OF THE WORLD SOR/58-400 AERONAUTICS ACT Air Regulations, amended P.c. 1958-1309 AT THE GOVERNMENT HOUSE AT OTTAWA THURSDAY, the 18th day of SEPTEMBER, 1958. PRESENT: His EXCELLENCY THE GOVERNOR GENERAL IN couNcIL His Excellency the Governor General in council, on the recommenda- tion of the Minister of Transport, pursuant to section 4 of the Aeronautics Act, is pleased hereby to approve the annexed schedule of amendments of the Air Regulations, approved by Order in council p.c. 1954-1821 of 23rd November, 1954(l), as amended~2~, made by the Minister of Transport on 4th September, 1958. SCHEDULE 1. Paragraph (49) of section 101 of the Air Regulations is revoked and the following substituted therefor: (49) "night" means, in respect of any place in canada, the period of time in any day when the centre of the sun's disc is more than six degrees below the horizon and in any area of canada where the sun rises and sets daily, night may be calculated as the period of time commencing not less than one-half hour after sunset and ending not less than one-half hour before sunrise. 2. Section 213 of the said Regulations is revoked and the following substituted therefor: 213. The Minister may cancel or suspend a certificate of air- worthiness or a flight permit where (a) he is of the opinion that cancellation or suspension is advis- able having regard to the safety of aerial navigation, (b) the certificate or permit has been mutilated, altered or rend- ered illegible, or (c) the aircraft in respect of which the certificate or permit was issued has been destroyed or withdrawn from use. (`)SOR/54-588, CANADA GAZETTE PART II, Vol. 88. No. 23. Dec. 8, 1954. p. 2087 and Statutory Orders and Regulations Consolidation 1955, Vol. 1, p. 1 (~) SOR/58-177, CANADA GAZETTE PART II. Vol. 92, No. 10, May 28, 1958 PAGENO="0327" AIR LAWS AND TREATIES OF THE WORLD 321 3. Section 542 of the said Regulations is revoked and the following substituted theref or: 542. The amount of fuel and oil carried on board any aircraft at the commencement of any VFR flight shall be sufficient, anticipated wind and other weather conditions having been considered, to fly to the place of intended landing and thereafter, (a) in the case of an aircraft other than a helicopter for forty- five minutes at normal cruising speed, and (b) in the case of a helicopter, for twenty minutes at normal cruising speed. 4. Section 703 of the said Regulations is revoked and the following substituted theref or: 703. The Minister may cancel or suspend a certificate issued under this Part where (a) the person to whom the certificate is issued has failed to con- duct the service in a safe and proper manner or to maintain adequately the equipment required in connection with the operation of a service, (b) the certificate has been mutilated, altered or rendered illeg- ible, or (c) the service in respect of which the certificate was issued is discontinued. 5. Section 705 of the said Regulations is revoked and the following substituted theref or: 705. (1) Every operator of a commercial air service shall, when required by a person thereto authorized by the Minister, permit such person to have access to and to inspect and examine all parts of the premises, aircraft and equi'pment used in such commercial air service, including aircraft when in flight whether on scheduled or non-scheduled commercial flights or otherwise. (2) The Minister may make such inquiries into the manner of conducting any commercial air service as he deems necessary for purposes of this Part. 6. Subsection (1) of section 809 of the said Regulations is amended by striking out the word "or" at the end of paragraph (b) thereof, by revoking paragraph (c) thereof and by adding thereto, immediately after paragraph (b) thereof, the following: (c) make or assist in making or procure the making of any false representations for the purpose of obtaining for himself or any other person the issuance of a certificate, permit or other documents issued under these Regulations; or (d) mutilate, alter or render illegible any licence, certificate, per- mit or other document issued under these Regulations. PAGENO="0328" 322 AIR LAWS AND TREATIES OF THE WORLD AERONAUTICS ACT Security Control of Air Traffic Order AIR NAVIGATION ORDER,, SERIES V, No. 14 The Minister of Transport pursuant to the Aeronautics Act and the Air Regulations, is pleased hereby to make the annexed Security `Control of Air Traffic Order (Air Navigation Order, Series V. No. 14). Dated at Ottawa, the 28th day of October, 1957. PAGENO="0329" AIR LAWS AND TREATIES OF THE WORLD 323 AIR NAVIGATION ORDER SERIES V, No. 14. Security Control of Air Traffic 1. (1) In this Order, (a) "coastal CADIZ" or "Coastal Canadian Air Defence Identifica- tion Zone", means the airspace extending upward from those areas off the coast of Canada described in Schedule A, (b) "domestic CADIZ" or "Domestic Canadian Air Defence Identifi- cation Zone", means the airspace extending upward from that area of Canada described in Schedule B, (c) "DEWIZ" or "Distant Early Warning Identication Zone", means the airspace extending upward from that area of Canada described in Schedule C, (d) "DEWIZ aerodrome" means an aerodrome described in Schedule D, (e) "DEWIZ beacon", means a non-directional low or medium fre- quency radio navigation aid beacon lying within the DEWIZ and described in Schedule E. (f) "DVFR" or "Defence Visual Flight Rules", means the rules gov- erning a VFR flight conducted in accordance with the provisions of this Order, (g) "DVFR Flight Plan", means a flight plan which includes, (1) the contents of a VFR Flight plan as set out in section 2 of the Flight Plans Order, Air Navigation Order, Series V, No. 4, and (ii) states the altitude above sea level to be flown, (h) "MIDIZ" or "Mid Canada Identification Zone", means the air- space extending upward from that area of Canada described in Schedule F, (i) "MIDIZ beacon", means a non-directional low or medium fre- quency radio navigation aid beacon lying within or near the MJDIZ, and described in Schedule G, (j) "MIDIZ clearance aerodrome", means an aerodrome described in Schedule H, at which communication facilities exist for the immediate forwarding of flight plans to a MIDIZ beacon or an appropriate air traffic control unit, (k) "SIZ" or "Security Identification Zone", means an airspace extending upward to an altitude of 3,000 feet above the terrain over the area described in Schedule I, (1) "southbound", means in a southerly direction on any route between 091° true and 269° true, (m) "westbound" means in a westerly direction on any route between 153° true and 331° true. (2) In this Order, a reference to a time or estimated time shall be to Greenwich Mean Time. PAGENO="0330" 324 AIR LAWS AND TREATIES OF THE WORLD PART I Domestic Cadiz Rules 2. In the airspace extending upward from that area where a portion of the MIDIZ lies within, the CADIZ only the rules for flight within the MIDIZ shall apply. 3. No person shall operate an aircraft into or within a domestic CADIZ above 3,000 feet above terrain unless he has filed an IFR or DVFR flight plan with an appropriate air traffic control unit. 4. Position reports or estimates of domestic CADIZ penetration above 3000 feet above terrain shall be provided to an appropriate air traffic con- trol unit as follows: (a) an IFR fligll& within controlled airspace shall comply with normal IFR position reporting requirements, (b) an IFR flight outside controlled airspace or a DVFR flight shall report (1) over the last reporting point on the route of the flight prior to entering the domestic CADIZ, its position, altitude, time and estimated time of arrival over its next reporting point, or (ii) if it is impossible to make the report and estimate referred to in subparagraph (i), it shall report its altitude and estimated time and place of penetration at least 15 minutes prior to penetrating the domestic CADIZ. PART II Coastal Cadiz Rules 5. No person shall operate an aircraft into or within a coastal CADIZ unless he has filed an IFR or DVFR flight plan with an appropriate air traffic control unit. 6. A flight shall not penetrate a coastal CADIZ toward Canada unless an appropriate air traffic control unit is provided with position reports required by the instrument flight rules and, in addition, a position report is made at the time of the penetration. PART III Security Identification Zone Rules 7. No person shall operate an aircraft southbound into the Eastern or Western SIZ or westbound into the Hope SIZ unless he has filed an IFR or DVFR flight plan with an appropriate air traffic control unit. 8. 8ub)ect to section 9, position reports or estimates of Eastern or Western SIZ penetration southbound or penetration of the Hope SIZ westbound shall be provided to an appropriate air traffic control unit as follows: (a) an IFR Flight within controlled airspace shall comply with normal IFR position reporting requirements, PAGENO="0331" AIR LAWS AND TREATIES OF THE WORLD 325 (b) an IFR Flight outside controlled airspace or a DVFR Right shall report (i) over the last reporting point on the route of flight prior to entering the SIZ it's position, altitude, time and estimated time of arrival over its next reporting point, or (ii) if it is impossible to make the report and estimate referred to in subparagraph (i), it shall report its altitude and esti- mated time and place of penetration at least 15 minutes prior to penetrating the SIZ. 9. If it is impossible to make the report and estimate required by para- graph (b) of section 8, an aircraft shall be operated for at least five min- utes at an indicated airspeed of 110 knots and shall, (a) when penetrating the eastern or western SIZ southbound main- tain a route between 1700 true and 190° true, or (b) when penetrating the Hope SIZ westbound maintain a route between 2300 true and 2500 true. PART IV Mid Canada Identification Zone Rules 10. The pilot-in-command of an aircraft departing from a location which has facilities for the immediate transmission of flight plans to an appropriate air traffic control unit shall (a) file an IFR or DVFR flight plan for any flight which will operate within or penetrate the MIDIZ southbound, (b) include in such flight plan the estimated time and place of MIDIZ penetration where applicable, (c) establish radio contact with a MIDIZ beacon at least 5 minutes before penetrating the MIDIZ southbound or immediately after take-off from within the MIDIZ and make a position report, and (d) obtain authorization before proceeding with the flight. 11. For a flight which will penetrate the MIDIZ southbound or operate within the MIDIZ, the pilot-in-command, when departing from a location which does not have facilities for the immediate transmission of flight plans to an appropriate air traffic control unit, shall (a) land at a location which has facilities for the immediate trans- mission of flight plans to an appropriate air traffic control unit or MIDIZ beacon and proceed in accordance with section 10, or (b) establish radio contact with a MIDIZ beacon, at least 5 minutes before penetrating the MIDIZ southbound or immediately after take-off from within the MIDIZ, and (i) file an IFR or DVFR flight plan, and (ii) request visual identification and in accordance with instruc- tions proceed to the nearest MIDIZ beacon and circle the beacon VFR at an altitude not exceeding 4000 feet above ter- rain until an authorization is obtained from the MIDIZ beacon to proceed with the flight. PAGENO="0332" 326 AIR LAWS AND TREATIES OF THE WORLD 12. No person shall conduct a flight on a route through the MIDIZ or from point to point within the MIDIZ at an angle of less than 45° to the length of the MIDIZ unless special arrangements have been made through an appropriate air traffic control unit, or MIDIZ beacon. PART V Distant Early Warning Identification Zone 13. The pilot-in-command of a flight originating outside Canada or a non-stop flight originating in Canada which penetrates the DEWIZ inbound shall (a) file an IFR or DVFR flight plan before take-off from the last location prior to penetrating the DEWIZ inbound, and shall include in the flight plan the estimated location and time of inbound penetration, (b) prior to DEWIZ penetration, establish radio-telephone communi- cations with an appropriate DEWIZ beacon and transmit a posi- tion report, (c) penetrate the DEWIZ within plus or minus one hour and plus or minus 100 nautical miles of his flight plan estimate of time and place of penetration, (d) when requested to do so by a DEWIZ beacon, amend his flight planned estimate of time and place of penetration of the DEWIZ in minutes early or late and nautical miles east or west, (e) maintain a continuous listening watch on the frequency on which communication has been established with the appropriate DEWIZ beacon until the flight is through the DEWIZ, and (f) maintain an altitude at least 6000 feet above terrain, unless the safety of the flight requires operation at a lower altitude. 14. A flight operating laterally within the DEWIZ shall only origi- nate at a base having facilities to forward flight plan information to a DEWIZ beacon, and the pilot-in-command shall (a) before take-off, file an IFR or DVFR flight plan, with a DEWIZ beacon or an appropriate air traffic control unit, (b) establish radio-telephone communications with a DEWIZ beacon as soon as possible after take-off and provide a position report, (c) where practicable, conduct as much of the flight as is possible south of the DEWIZ and operate in accordance with radar advis- ory navigation provided through the DEWIZ beacon, (d) report any deviation in excess of 5 minutes of his estimate or 10 nautical miles of~ his flight planned track to a DEWIZ beacon, and (e) maintain a continuous listening watch on the frequency on which communications have been established with the DEWIZ beacon until released by the beacon. PAGENO="0333" AIR LAWS AND TREATIES OF THE WORLD 327 15. The pilot-in-command of a flight originating north of the DEWIZ where facilities do not exist for forwarding flight plans to a DEWIZ beacon or an appropriate air traffic control unit shall (a) operate under VFR conditions while in the DEWIZ, (b) establish radio-telephone communication with an appropriate DEWIZ beacon prior to entering the DEWIZ and transmit a position report, (c) proceed in accordance with instructions issued by a DEWIZ beacon, which will normally require the flight, (i) to proceed to the nearest DEWIZ beacon for visual identifica- tion, or (ii) to land at a stated location, (d) maintain a continuous listening watch on the frequency on which communications have been established with a DEWIZ beacon until released by the beacon, and (e) maintain an altitude of at least 6000 feet above terrain, unless the safety of the flight requires operation at a lower altitude. PA1~T VI General 16. The pilot-in-command of an aircraft shall revise his position report with the appropriate air traffic control unit or MIDIZ beacon when the aircraft is not within (a) a time tolerance of plus or minus 5 minutes of the estimated time over a reporting point, or point of peneration of a CADIZ, SIZ or MIDIZ or the point of destination within a CADIZ or MIDIZ, or (b) a distance tolerance of 10 nautical miles from the centre line of the route of flight indicated on the flight plan or the estimated point of penetration of a CADIZ, SIZ or MIDIZ. 17. No person shall operate an aircraft on an IFR or a DVFR flight plan into or within any identification zone unless it is equipped with a two- way radio capable of permitting the communications required by this Order. 18. No deviation shall be made from a DVFR or IFR flight plan filed for a flight into or within an identication zone unless (a) prior notification is given to the appropriate air traffic control unit or MIDIZ or DEWIZ beacon, or (b) where prior notification is not possible, the deviation, is reported to an appropriate air traffic control unit or MIDIZ or DEWIZ beacon as soon as practicable. 19. When, due to an emergency, the pilot-in-command of an aircraft is unable to comply with any provision of this Order he shall submit a detailed report of the emergency in writing to the Director General, Air Services within 48 hours of the emerg9ncy. PAGENO="0334" 328 AIR LAWS AND TREATIES OF THE WORLD 20. In the event of a radio failure, the pilot-in-command shall, (a) on an IFR flight, comply with the requirements of Air Navigation Order, Series V, No. 5, and (b) on a DVFR flight, proceed in accordance with his flight plan or shall land at the nearest suitable aerodrome on the route of flight specified in his flight plan. SCHEDULE "A" 1. The Pacific coastal CADIZ is the airspace extending upward from the area described as follows, commencing at: Latitude 48°30' North, Longitude 125°00' West; thence to Latitude 48°30' North, Longitude 132°10' West; thence to Latitude 51 °30' North, Longitude 134°O0' West; thence to Latitude 53 0281 North, Longitude 1300351 West; thence to Latitude 510151 North, Longitude 128°00' West; thence to Latitude 50°30' North, Longitude 129°0Q' West; thence to Latitude 500101 North, Longitude 128°16' West; thence to the point of beginning. 2. The Atlantic coastal CADIZ is the airspace extending upward from the area described as follows, commencing at Latitude 43°00' North, Longitude 65 o48F West; thence to Latitude 45°00' North, Longitude 61000? West; thence to Latitude 46°30' North, Longitude 58°00' West; thence to Latitude 46°30' North, Longitude 52°30' West; thence to Latitude 48°00' North, Longitude 52 03Q1 West; thence to Latitude 51°30' North, Longitude 55°00' West; thence to Latitude 53°00' North, Longitude 54°00' West; thence to Latitude 57°00' North, Longitude 59°00' West; thence to Latitude 61°00' North, Longitude 63°00' West; thence to Latitude 64°00' North, Longitude 63°00' West; thence to Latitude 65°00' North, Longitude 66°00' West; thence to Latitude 65°00' North, Longitude 71°30' West; thence to Latitude 63°00' North, Longitude 710301 West; thence to Latitude 61°00' North, Longitude 69°20' West; thence to Latitude 61 0~J~1 North, Longitude 70°40' West; thence to Latitude 63°00' North Longitude 73°00' West; thence to Latitude 66°00' North, Longitude 73°00' West; thence to Latitude 66°00' North, Longitude 66°00' West; thence to Latitude 63 0001 North, Longitude 60°00' West; thence to Latitude 54°30' North, Longitude 52°0Q' West; thence to Latitude 48°00' North, Longitude 48°00' West; thence to Latitude 45°00' North, Longitude 50~00~ West; thence to Latitude 43°50' North, Longitude 53°15' West; thence to Latitude 3903Q1 North, Longitude 63°45' West; thence to the point of beginning. PAGENO="0335" AIR LAWS AND TREATIES OF THE WORLD 329 SCHEDULE "B" 1. The. domestic CADIZ is the airspace extending upward from the area described as follows, commencing at Latitude 53°28' North, Longitude 1300351 West; thence to Latitude 57°00' North, Longitude 123 °00' West; thence to Latitude 57°00' North, Longitude 115 °00' West; thence to Latitude 51°00' North, Longitude 115 °00' West; thence to Latitude 51°00' North, Longitude 70°00' West; thence to Latitude 52°30' North, Longitude 65°00' West; thence to Latitude 56°00' North, Longitude 65°00' West; thence to Latitude 63°00' North, Longitude 71 0301 West; thence to Latitude 65°00' North, Longitude 710301 West; thence to Latitude 65°00' North, Longitude 66°00' West; thence to Latitude 64°00' North, Longitude 63°00' West; thence to Latitude 61°00' North, Longitude 63°00' West; thence to Latitude 57°00' North, Longitude 59°00' West; thence to Latitude 53°00' North, Longitude 54°00' West; thence to Latitude 51°30' North, Longitude 55°00' West; thence to Latitude 48°00' North, Longitude 52°30' West; thence to Latitude 46°30' North, Longitude 52°30' West; thence to Latitude 46°30' North, Longitude 58°00' West; thence to Latitude 45°00' North, Longitude 61°00' West; thence to Latitude 43°00' North, Longitude 65°48' West; thence to Latitude 44°30' North, Longitude 66°45' West; thence to Latitude 4403Q~ North, Longitude 67°07' West; thence to Latitude 44°46'36" North, Longitude 66°54'll" West; thence along the United States-Canadian Boundary to Latitude 47°10' North, Longitude 69°32' West; thence to Latitude 470 10' North, Longitude 85°31' West; thence along the United States-Canadian Boundary to Latitude 4~°00' North, Longitude 121 OØØ1 West; thence to Latitude 50°lfy North, Longitude 122°00' West; thence to Latitude 50° 10' North, Longitude 128° 16' West; thence to Latitude 50°30' North, Longitude 129°00' West; thence to Latitude 51° 15' North, Longitude 128°00' West; thence to the point of beginning. PAGENO="0336" 330 AIR LAWS AND TREATIES OF THE WORLD SCHEDULE "C" 1. The DEWIZ is the airspace extending upward from the area described as follows, commencing at Latitude 71°00' North, Longitude 141°00' West; thence to Latitude 71°00' North, Longitude 132°00' West; thence Latitude 71°45' North, Longitude 125°00' West; thence to Latitude 70015? North, Longitude 115°00' West; thence to Latitude 70015? North, Longitude 68°00' West; thence to Latitude 67°30' North, Longitude 57°00' West; thence to Latitude 63000? North, Longitude 60°00' West; thence to Latitude 66°00' North, Longitude 66°00' West; thence to Latitude 67°00' North, Longitude 63°00' West; thence to Latitude 68°25' North, Longitude 68°00' West; thence to Latitude 68°20' North, Longitude 73°0O' West; thence to Latitude 69°00' North, Longitude 77°00' West; thence to Latitude 68°00' North, Longitude 86°O0' West; thence to Latitude 68°25' North, Longitude 101 ~oo~ West; thence to Latitude 68°50' North, Longitude 105~00~ West, thence to Latitude 68°10' North, Longitude 114°00' West; thence to Latitude 69°55' North, Longitude 125°00' West; thence to Latitude 68°30' North, Longitude 136°0O' West; thence to Latitude 69°30' North, Longitude 141°00' West; thence to the point of beginning. PAGENO="0337" AIR LAWS AND TREATIES OF THE WORLD 331 SCHEDULE "D" 1. The DEWIZ aerodromes are located as follows: Place Location 61°37'OO" West 64°03'OO" West 66°46'30" West 71°09'30" West 75°18'OO" West 79°02'OO" West 81°14'OO" West 85°40'35" West 8O039FOO~~ West 93°24'30" West 97°48'OO" West 1O1°43'39" West 105°08'OO" West Cape Dyer Broughton Cape looper Mid-Baffin Foley Rowley Hall Lake West Melville West Simpson Shepherd Bay King William Jenny Lind Cambridge Bay Unnamed Point Lady Franklin Young Point Clinton Point Cape Parry Nicholson Tuk Tuk Shingle Point Latitude 66°34'30" North, Longitude Latitude 67°33'OO" North, Longitude Latitude 68°25'30" North, Longitude Latitude 68°39'20" North, Longitude Latitude 68°56'30" North, Longitude Latitude 69°05'OO" North, Longitude Latitude 68°46'30" North, Longitude Latitude 68°18'13" North, Longitude Latitude 68°26'15" North, Longitude Latitude 68°49'OO" North, Longitude Latitude 68°39'30" North, Longitude Latitude 68°39'lO" North, Longitude Latitude 69°06'OO" North, Longitude Latitude 68°45'lO" North, Longitude 109°04'12" West Latitude 68°29'33" North, Longitude 113°13'll" West Latitude 68°56'lO" North, Longitude 116°55'52" West Latitude 69°35'02" North, Longitude 12O044F45~ West Latitude 700 1O'05" North, Longitude 124°41'lO" West Latitude 69°57'OO" North, Longitude 128°54'30" West Latitude 69°26'45" North, Longitude 133°OO'lO" West Latitude 68°57'OO" North, Longitude 137°12'OO" West 67717 O-61--~---~22 PAGENO="0338" SCHEDULE "E" 1. The DEWIZ beacons are described as follows: Name Location Identification Frequency Transmitting Frequencies Receiving Frequencies Cape Dyer Broughton Cape Hooper Mid-Baffin Foley Latitude 66°38'SO" North Longitude 61°23'20" West Latitude 67°33'19" North Longitude 63°49'16" West Latitude 68°26'15" North Longitude 66°44'OO" West Latitude 68°40'47" North Longitude 71°14'48" West Latitude 68°53'45" North Longitude 75°09'38" West VN VM Uz TJW TN 248 kc/s 230 kc/s 287 kc/s 324 kc/s 275 kc/s 122.2 mc/s 121.5 mc/s 236.6 mc/s 243.0 mc/s 5295 kc/s 122.2 mc/s 121.5 mc/s 236.6 mc/s 243.0 mc/s 5295 kc/s 122.2 mc/s 121.5 mc/s 236.6 me/s 243.0 mc/s 5295 kc/s 122.2 mc/s 121.5 me/s 236.6 me/s 243.0 mc/s 5295 kc/s 122.2 me/s 121.5 mc/s 236.6 mc/s 243.0 mc/s 5295 kc/s 0 L~i 0 122.2 me/s 121.5 mc/s 236.6 mc/s 243.0 mc/s 5295 kc/s 3023.5 kc/s 122.2 mc/s 121.5 mc/s 236.6 me/s 243.0 mc/s 5295 kc/s 3023.5 kc/s 122.2 mc/s 121.5 mc/s 236.6 mc/s 243.0 mc/s 5295 kc/s 3023.5 kc/s 122.2 mc/s 121.5 me/s 236.6 me/s 243.0 mc/s 5295 kc/s 3023.5 kc/s 122.2 me/s 121.5 mc/s 236.6 me/s 243.0 mc/s 5295 kc/s 3023.5 kc/s PAGENO="0339" SCHEDULE "E" (Continued) Name Location Identification Frequency Transmitting Frequencies Receiving Frequencies Rowley Latitude 69°03'30" North Longitude 79°0l'37" West Hall Lake Latitude 68°45'25" North Longitude 81°13'35" West West Melville Latitude 68°18'03" North Longitude 85°40'29" West West Simpson Latitude 68°26'42" North Longitude 89°45'14" West Shepherd Bay Latitude 68°48'38" North Longitude 93°25'57" West King William Latitude 68°40'lO" North Longitude 97°48'36" West UG Ux UU UF US UR 257 kc/s 239 kc/s 212 kc/s 201 kc/s 321 kc/s 300 kc/s 122.2 mc/s 121.5 me/s 236.6 me/s 243.0 me/s 5295 kc/s 122.2 me/s 121.5 me/s 236.6 me/s 243.0 me/s 5295 kc/s 122.2 me/s 121.5 me/s 236.6 me/s 243.0 me/s 5295 kc/s 122.2 me/s 121.5 me/s 236.6 me/s 243.0 me/s 5295 ke/s 122.2 me/s 121.5 me/s 236.6 me/s 243.0 me/s 5295 ke/s 122.2 me/s 121.5 me/s 236.6 me/s 243.0 me/s 5295 ke/s 122.2 me/s 121.5 me/s 236.6 me/s 243.0 me/s 5295 kc/s 3023.5 kc/s 122.2 me/s 121.5 me/s 236.6 me/s 243.0 me/s 5295 kc/s 3023.5 kc/s 122.2 me/s 121.5 me/s 236.6 mes/ 243.0 me/s 5295 kc/s 3023.5 ke/s 122.2 me/s 121.5 me/s 236.6 me/s 243.0 me/s 5295 ke/s 3023.5 ke/s 122.2 me/s 121.5 me/s 236.6 me/s 243.0 me/s 5295 ke/s 3023.5 kc/s 122.2 me/s 121.5 me/s 236.6 me/s 243.0 me/s 5295 kc/s 3023.5 ke/s PAGENO="0340" SCHEDULE "E" (Continued) Name Location Identification Frequency Transmitting Frequencies Receiving Frequencies Jenny Lind Latitude 68°40'12" North Longitude 101°43'40" West Cambridge Bay Latitude 69°06'47" North Longitude 105°07'lO" West Latitude 69°06'OO" North Longitude 105°08'OO" West Unnamed Point Latitude 68°45'30" North Longitude 109°04'12" West Lady Franklin Latitude 68°28'42" North Longitude 113°12'32" West UQ VK(In operation only when CB beacon in- operative) CB UK TJJ 218 kc/s 245 kc/s 245 kc/s 272 kc/s 227 kc/s 122.2 me/s 121.5 me/s 236.6 me/s 243.0 me/s 5295 kc/s 122.2 me/s 121.5 me/s 236.6 me/s 243.0 me/s 5295 ke/s 4355 kc/s 4703.5 kc/s 122.2 me/s 121.5 me/s 236.6 me/s 243.0 me/s 5295 ke/s 122.2 me/s 121.5 me/s 236.6 me/s 243.0 me/s 5295 ke/s L~i 0 122.2 me/s 121.5 me/s 236.6me/s 243.0 me/s 5295 ke/s 3023.5 ke/s 122.2 me/s 121.5 me/s 236.6 me/s 243.0 me/s 5295 ke/s 3023.5 ke/s 4355 ke/s 4703.5 ke/s 3023.5 ke/s 122.2 me/s 121.5 me/s 236.6 me/s 243.0 me/s 5295 ke/s 3023.5 ke/s 122.2 me/s 121.5 me/s 236.6 me/s 243.0 me/s 5295 ke/s 3023.5 ke/s PAGENO="0341" SCHEDULE "E" (Concluded) Name Location Identification Frequency Transmitting Frequencies Receiving Frequencies Young Point Latitude 68°55'47" North Longitude 116°56'45" West Clinton Point Latitude 69°34'40" North Longitude 120047/5011 West Cape Parry Latitude 70°10'20" North Longitude 124°43'40" West Nicholson Latitude 69°53'33" North Longitude 128°58'13" West Tuk Tuk Latitude 69°26'38" North Longitude 132°59'34" West Shingle Point Latitude 68°56'41" North Longitude 137°13'06" West UI UH UE UC UB UA 260 kc/s 209 ke/s 203 kc/s 254 kc/s 236 kc/s 221 ke/s 122.2 me/s 121.5 me/s 236.6 me/s 5295 ke/s 122.~ mets 121.5 me/s 236.6 me/s 243.0 me/s 5295 ke/s 122.2 me/s 121.5 me/s 236.6 me/s 243.0 me/s 5295 kc/s 122.2 me/s 121.5 me/s 236.6 me/s 243.0 me/s 5295 ke/s 122.2 me/s 121.5 me/s 236.6 me/s 243.0 me/s 5295 ke/s 122.2 me/s 121.5 me/s 236.6 me/s 243.0 me/s 5295 ke/s 122.2 me/s 121.5 me/s 236.6 me/s 5295 ke/s 3023.5 ke/s 122.2 me/s 121.5 me/s 236.6 me/s 243.0 me/s 5295 ke/s 3023.5 kc/s 122.2 me/s 121.5 me/s 236.6 me/s 243.0 me/s 5295 ke/s 3023.5 ke/s 122.2 me/s 121.5 me/s 236.6 me/s 243.0 me/s 5295 ke/s 3023.5 ke/s 122.2 me/s 121.5 me/s 236.6 me/s 243.0 me/s 5295 ke/s 3023.5 kc/s 122.2 me/s 121.5 me/s 236.6 me/s 243.0 me/s 5295 kc/s 3023.5 kc/s PAGENO="0342" 336 AIR LAWS AND TREATIES OF THE WORLD SCHEDULE "F" 1. The MIDIZ is the airspace extending upward from the area described as follows: commencing at Latitude 55°50' North, Longitude 12OoO8~30~ West; thence to Latitude 55°50' North, Longitude 115°30' West; thence to Latitude 56°40' North, Longitude 113°0O' West; thence to Latitude 56°40' North, Longitude 1lQ°30' West; thence to Latitude 55°30' North, Longitude 107°40' West; thence to Latitude 55°00' North, Longitude 103°30' West; thence to Latitude 54055~ North, Longitude 99°30' West; thence to Latitude 56°40' North, Longitude 93°50' West; thence to Latitude 56°40' North, Longitude 91 ~0o~ West; thence to Latitude 55°40' North, Longitude 87°00' West; thence to Latitude 54°40' North, Longitude 81°20' West; thence to Latitude 5503Q~ North, Longitude 77°00' West; thence to Latitude 55°30' North, Longitude 65°00' West; thence to Latitude 55°37' North, Longitude 60°10'30" West; thence to Latitude 55°07' North, Longitude 60°10'30" West; thence to Latitude 55°O0' North, Longitude 65°00' West; thence to Latitude 55°O0' North, Longitude 77°O0' West; thence to Latitude 54° 10' North, Longitude 81 0201 West; thence to Latitude 55°10' North, Longitude 87°O0' West; thence to Latitude 56° 10' North, Longitude 91 °O0' West; thence to Latitude 56°10' North, Longitude 93°50' West; thence to Latitude 54°25' North, Longitude 99°30' West; thence to Latitude 54°30' North, Longitude 103°30' West; thence to Latitude 55°00' North, Longitude 107°40' West; thence to Latitude 56°10' North, Longitude 110°30' West; thence to Latitude 56°1Q' North, Longitude 113°00' West; thence to Latitude 55°20' North, Longitude 115°30' West; thence to Latitude 55°20' North, Longitude 120°08'30" West; thence to the point of beginning. PAGENO="0343" 255 4 me/s 122.2 me/s 255.4 me/s 122.2 me/s 255.4 me/s 122.2 me/s 255.4 me/s 122.2 me/s 126.18 me/s 121.5 me/s 5680 ke/s 255.4 me/s 122.2 me/s 255.4 me/s 122.2 me/s 255.4 me/s 122.2 me/s 255.4 me/s 122.2 me/s 3023.5 ke/s 255.4 me/s 122.2 me/s 3023.5 ke/s 255.4 me/s 122.2 me/s 3023.5 ke/s 255.4 me/s 122.2 me/s 3023.5 ke/s 126.18 me/s 121.5 me/s 3023.5 ke/s 5680 ke/s 255.4 me/s 122.2 me/s 3023.5 ke/s 255.4 me/s 122.2 me/s 3023.5 ke/s 255.4 me/s 122.2 me/s 3023.5 ke/s SCHEDULE "G" 1. The MIDIZ beacons are described as follows: Name Location Identification Frequency Transmitting Frequencies Receiving Frequencies Harp Lake Border Advance. Retty Knob Lake Gillespie Brass Bulldog Latitude 55°18'39" North Longitude 61°49'30" West Latitude 55°20'Ol" North Longitude 63O16~15~ West Latitude 55°16'lO" North Longitude 64°49'15" West Latitude 55°15'44" North Longitude 66°04'lS" West Latitude 54°50' North Longitude 66°50' West Latitude 55°10'52" North Longitude 67°35'25" West Latitude 55°11'33" North Longitude 69°01'20" West Latitude 55°10'5'2' North Longitude 70°34'SO" West EB EC EE EF XL EH EJ EQ 358 kc/s 318 kc/s 284 kc/s 220 kc/s 203 kc/s 350 kc/s 308 kc/s 358 ke/s CA~ PAGENO="0344" Latitude 55°14'43° North . 255.4 me/s Longitude 72°12'05" West 122.2 me/s 3023.5 ke/s Latitude 55°14'55" North 255.4 me/s Longitude 73044145FF West 122.2 me/s 3023.5 ke/s Latitude 55°17'35" North 255.4 me/s Longitude 75°16'27" West 122.2 me/s 3023.5 ke/s Latitude 55°16'17" North 255.4 me/s Longitude 76°47'25" West 122.2 me/s 3023.5 ke/s Latitude 55°16' North 236.6 me/s Longitude 77045F West 243.0 me/s 126.18 me/s 121.5 me/s 3023.5 ke/s Latitude 54°59'27" North 255.4 me/s Longitude 78°17'05" West 122.2 me/s 3023.5 ke/s Latitude 54°38'17" North 255.4 me/s Longitude 79°44'38" West 122.2 me/s 3023.5 ke/s Latitude 54°20'29" North 255.4 me/s Longitude 81°05'40" West 122.2 me/s 3023.5 ke/s Latitude 54°44'OO" North 255.4 me/s Longitude 82°24'15" West 122.2 me/s 3023.5 kc/s SCHEDULE "G" (Continued) Name Location . Identification Frequency Transmitting Receiving 00 00 00 Robin Eagle Raven Sparrow Great Whale River Burton Cape Jones Bear Island Big Owl EW EY EZ KB GW KE KH KJ KM 318 ke/s 284 kc/s 220 ke/s 350 ke/s 371 ke/s 308 kc/s 358 ke/s 318 ke/s 284 ke/s 255.4 me/s 122.2 me/s 255.4 me/s 122.2 me/s 255.4 me/s 122.2 me/s 255.4 me/s 122.2 me/s 236.6 me/s' 243.0 me/s 126.18 me/s 121.5 me/s 320 ke/s 255.4 me/s 122.2 me/s 255.4 me/s 122.2 me/s 255.4 me/s 122.2 me/s 255.4 me/s 122.2 me/s PAGENO="0345" SCHEDULE "G" (Continued) Crow Latitude 54°51'55" North Longitude 8302414511 West Name Location Identification Frequency Transmitting Frequencies Receiving Frequencies Wachi Wmi Gooseberry Beaver Canary Beach Hayes Penny KP KQ WN KU KV KW KX KZ OB Latitude 55°04'05" North Longitude 84°51'30" West Latitude 55°14' North Longitude 85°07' West Latitude 55°17'25" North Longitude 86°25'15" West Latitude 55°35'40" North Longitude 87°52'lO" West Latitude 55°58'25" North Longitude 89°13'25" West Latitude 56°17'25" North Longitude 90039140~l West Latitude 56°22'55" North Longitude 92°11'lO" West Latitude 56°23'37" North Longitude 93°20'30" West 203 kc/s 380 kc/s 215 kc/s 308 kc/s 358 kc/s 318 kc/s 294 kc/s 250 kc/s 338 kc/s 255.4 mc/s 122.2 mc/s 255.4 mc/s 122.2 mc/s 236.6 me/s 243.0 me/s 126.18 me/s 121.5 mc/s 265 kc/s 255.4 me/s 122.2 mc/s 255.4 me/s 122.2 mc/s 255.4 me/s 122.2 me/s 255.4 me/s 122.2 me/s 255.4 me/s 122.2 mc/s 255.4 mc/s 122.2 mc/s 0 LT~j 0 255.4 me/s 122.2 me/s 3023.5 kc/s 255.4 mc/s 122.2 mc/s 3023.5 ke/s 236.6 me/s 243.0 mc/s 126.18 me/s 121.5 mc/s 3023.5 kc/s 255.4 me/s 122.2 mc/s 3023.5 kc/s 255.4 me/s 122.2 mc/s 3023.5 kc/s 255.4 me/s 122.2 me/s 3023.5 kc/s 255.4 mc/s 122.2 me/s 3023.5 kc/s 255.4 me/s 122.2 me/s 3023.5 kc/s 255.4 mc/s 122.2 mc/s 3023.5 kc/s PAGENO="0346" SCHEDULE "G" (Continued) Name Location Identification Frequency Transmitting Frequencies Receiving Frequencies Bird Kettle Lake Gunn Lake Lucky Bay Black Island Hayward Cranberry Portage Latitude 56°30'lO" North Longitude 94°12'27" West Latitude 56°10'02" Nàrth Longitude 94°42'07" West Latitude 55°48'24" North Longitude 96°05'23" West Latitude 55°18'58" North Loilgitude 97°15'22" West Latitude 54°54'58" North Longitude 98°30'28" West Latitude 54°37'50" North Longitude 99°53'lO" West Latitude 54°35'05" North Longitude 101°22'16" West Latitude 54°36'52" North Longitude 101°20'36" West BJ OF OH 0I OK OP BP 315 kc/s 289 kc/s 201 kc/s 294 kc/s 320 kc/s 220 kc/s 215 kc/s 236.6 mcs 243.0 mc/s 126.18 mc/s 121.5 mc/s 365 kc/s 255.4 me/s 122.2 mc/s 255.4 me/s 122.2 mc/s 255.4 me/s 122.2 me/s 255.4 me/s 122.2 me/s 255.4 me/s 122.2 me/s 236.6 me/s 243.0 me/s 126.18 me/s 121.5 me/s 269 kc/s t~j 0) 0 LTj 0 236.6 me/s 243.0 me/s 126.18 me/s 121.5 me/s 3023.5 kc/s 255.4 me/s 122.2 me/s 3023.5 ke/s 255.4 me/s 122.2 me/s 3023.5 kc/s 255.4 me/s 122.2 me/s 3023.5 ke/s 255.4 me/s 122.2 me/s 3023.5 ke/s 255.4 me/s 122.2 me/s 3023.5 kc/s 236.6 me/s 243.0 me/s 126.18 me/s 121.5 me/u 3023.5 kc/s Millwater OJ 335 kc/s PAGENO="0347" SCHEDULE "G" (Continued) Name Location Identification Frequency Transmitting Frequencies Receiving Frequencies Hanson Swallow Egg Lake Tippo Lake Canoe Peter Pond Birch Lake Stony Mountain Latitude 54°39'04" North Longitude 102°43'03" West Latitude 54°53'48" North Longitude 104°16'15" West Latitude 54°55'50" North Longitude 105°43'44" West Latitude 55°04'29" North Longitude 107°08'20" West Latitude 55°19'23" North Longitude 108°05'46" West Latitude 55°59'46" North Longitude 109°17'OO" West Latitude 56°21'35" North Longitude 110023I43~ West Latitude 56°23' North Longitude 111°16' West oU oz VF VH VS VY VZ TN 347 kc/s 227 kc/s 294 ke/s 375 kc/s 246 kc/s 308 kc/s 249 kc/s 371 kc/s 255.4 me/s 122.2 me/s 255.4 me/s 122.2 me/s 255.4 me/s 122.2 me/s 255.4 me/s 122.2 me/s 255.4 me/s 122.2 me/s 255.4 me/s 122.2 me/s 255.4 me/s 122.2 me/s 236.6 me/s 243.0 me/s 126.18 me/s 121.5 me/s 312 ke/s 255.4 me/s 122.2 me/s 3023.5 ke/s 255.4 me/s 122.2 me/s 3023.5 ke/s 255.4 me/s 122.2 mes/ 3023.5 kc/s 255.4 me/s 122.2 me/s 3023.5 ke/s 255.4 me/s 122.2 me/s 3023.5 kc/s 255.4 me/s 122.2 me/s 3023.5 ke/s 255.4 me/s 122.2 me/s 3023.5 ke/s 236.6 me/s 243.0 me/s 126.18 me/s 121.5 me/s 3023.5 kc/s L~j I- 0 0 j. PAGENO="0348" SCHEDULE "G" (Concluded) I Name Location Identification Frequency Transmitting Frequencies Receiving Frequencies Horse Latitude 56°31'OO" North Longitude 111°47'25" West Livock Latitude 56°24'17" North Longitude 113°04'lS" West Nipisi Latitude 55°49'20" North Longitude 114°39'20" West Buffalo Bay Latitude 55°32'30" North Longitude 116°07'15" West Watino Latitude 55°31'06" North Longitude 117°43'30" West Saddle Hill Latitude 55°34'02" North Longitude 119°13'23" West Dawson Creek Latitude 55°47' North Longitude 120012~ West XM XN xv XW YA YH DQ 299 kc/s 318 kc/8 308 kc/s 249 kc/s 347 ke/s 299 kc/s 394 ke/s 255.4 me/s 122.2 me/s 255.4 me/s 122.2 me/s 255.4 me/s 122.2 me/s 255.4 me/s 122.2 me/s 255.4 me/s 122.2 me/s 255.4 me/s 122.2 me/s 236.6 me/s 243.0 me/s 126.18 me/s 121.5 me/s 352 ke/s 255.4 me/s 122.2 me/s 3023.5 kc/s 255.4 me/s 122.2 me/s 3023.5 kc/s 255.4 me/s 122.2 me/s 3023.5 kc/s 255.4 me/s 122.2 me/s 3023.5 kc/s 255.4 me/s 122.2 me/s 3023.5 ke/s 255.4 me/s 122.2 me/s 3023.5 ke/s 236.6 me/s 243.0 me/s 126.18 me/s 121.5 me/s 3023.5 ke/s t~:j 02 0 0 2. All MIDIZ beacons operate only on request except for Knob Lake, Great Whale River, Winisk, Bird, Cranberry Portage, Stony Mountain and Dawson Creek which are on continuous operation. PAGENO="0349" AIR LAWS AND TREATIES OF THE WORLD 343 SCHEDULE "H" The MIDIZ clearance Aerodromes are located as follows: Place Great Whale River Winisk Churchill hf ord Fun Flon Lac La Ronge Buffalo Narrows McMurray Peace River Fort St. John ... Location Latitude 55° 17' North, Longitude Latitude 55° 14' North, Longitude Latitude 58°45' North, Longitude Latitude 56°04' North, Longitude Latitude 54°45' North, Longitude Latitude 55°05' North, Longitude Latitude 55°52' North, Longitude Latitude 56°39' North, Longitude Latitude 56° 14' North, Longitude Latitude 56° 14' North, Longitude 77°46' West 85°07' West 94°04' West 95°37' West 101°50' West 105°20' West 108°29' West 111°13' West 117°26' West 120°44' West SCHEDULE "I" 1. The Western SIZ is the airspace extending upward from the area described as follows: commencing at Latitude 50°30' North, Longitude 1Z9°OQ' West; thence to Latitude 50°30' North, Longitude 121°45' West; thence to Latitude 50° 10' North, Longitude 121°26' West; thence to Latitude 50° 10' North, Longitude 128° 16' West; thence to the point of beginning. 2. The Eastern 5hZ is the airspace extending upward from the area described as follows, commencing at Latitude 47°25' North, Longitude 69°16' West; thence along the United States-Canada Boundary to Latitude 47° 10' North, Longitude 69°32' West; thence to Latitude 47°10' North, Longitude 85°31' West; thence along the United States-Canada Boundary to Latitude 47°30' North, Longitude 86°19' West; thence to Latitude 47°30' North, Longitude 70°00' West; thence to the point of beginning. 3. The Hope 5hZ is the airspace extending upward from the area described as follows: commencing at Latitude 50°10' North, Longitude 122°00" West; thence to Latitude 50° 10' North, Longitude 121°26' West; thence to Latitude 49°00' North, Longitude 120°30' West; thence to Latitude 49°00' North, Longitude 121°00' West; thence to the point of beginning. PAGENO="0350" PAGENO="0351" CANADA THE AIR REGULATIONS 23rd NOVEMBER, 1954 (Order in Council P. C. 1954-1821) With amendments 15th JUNE, 1955 (Order in Council P.C. 1955-888) 2nd FEBRUARY, 1956 (Order in Council P. C. 1956-190) 20th SEPTEMBER, 1956 (Order in Council P. C. 1956-1430) 20th JUNE, 1957 (Order in Council P.C. 1957-873) 7th AUGUST, 1957 (Order in Council P.C. 1957-1048) 28th MAY, 1958 (Order in Council P.C. 1958- ) 345 PAGENO="0352" 346 AIR LAWS AND TREATIES OF THE WORLD THE AIR REGULATIONS TABLE OF CONTENTS PART I Short Title and Interpretation PART II Registration, Certification and Marking PART III Aerodromes PART IV Personnel Licensing PART V Rules of the Air PART VI Air Traffic Control PART VII Commercial Air Service Operations PART VIII Miscellaneous Provisions PAGENO="0353" AIR LAWS AND TREATIES OF THE WORLD 347 PART I GENERAL SHORT TITLE 100. These regulations may be cited as the Air Regula- tions. INTERPRETATION 101. In these regulations, (1) "acrobatic flight" means manceuvres intentionally performed by an aircraft, involving an abrupt change in its attitude, an abnormal attitude, or an abnormal variation in speed; (2) "aerodrome" means a defined area of land or water used or intended to be used either wholly or in part for the arrival, departure, movement or servicing of aircraft, (including any buildings, installations and equipment in connection there- with); (3) "aeroplane" means a power-driven heavier-than-air aircraft, deriving its lift in flight from aerodynamic reactions on surfaces which remain fixed under given conditions of flight; (4) "aircraft" means any machine capable of deriving support in the atmosphere from the reactions of the air; (5) "aircraft accident" means an occurrence associated with the operation of an aircraft that takes place between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked, in which (a) any person suffers death or serious injury as a result of being in or upon the aircraft or by direct contact with th~ aircraft or anything attached thereto, or (b) the aircraft receives substantial damage or is destroyed; 67717 O-61------~23 PAGENO="0354" 348 AIR LAWS AND TREATIES OF THE WORLD (6) "airport" means aerodrome for which, under Part III, an airport licence has been issued by the Minister; (7) "airport traffic" means all traffic on the mana~uv- ring area of an airport and all aircraft flying in the vicinity of an airport; (8) "airship" means a power-driven lighter-than-air aircraft; (9) "air traffic" means all aircraft in flight and aircraft operating on the manceuvring area of an aerodrome; (10) "air traffic control clearance" means authorization by an air traffic control unit for an aircraft to proceed under specified conditions; (11) "air traffic control service" means a service as specified in Part VI, provided for the purpose of (a) preventing collisions (i) between aircraft; and (ii) on the manceuvring area between aircraft and obstructions, and (b) expediting and maintaining an orderly flow of air traffic; (12) "air traffic control unit" means (a) an area control centre established to provide air traffic control service to IFR flights; (b) an approach control tower unit established to provide air traffic control service to IFR flights arriving at, or departing from, one or more airports; or (c) an airport control tower unit established to provide air traffic control service to airport traffic; as the circumstances require; (13) "alternate airport" means an aerodrome specified in a flight plan to which a flight may proceed when a landing at the intended destination becomes inadvisable; (14) "balloon" means a motorless lighter-than-air aircraft; PAGENO="0355" AIR LAWS AND TREATIES OF THE WORLD 349 (15) "Canadian aircraft" means an aircraft registered in Canada under Part II; (16) "ceiling" means the lowest height at which a broken or overcast condition exists, or the vertical visibility when an obscured condition such as snow, smoke or fog exists, whichever is the lower; (17) "certificate of airworthiness" means a conditional certificate of fitness for flight issued in respect of a particular aircraft under Part II of these regula-~ tions or under the laws of the state in which the aircraft is registered; (18) "civil aircraft" means any aircraft other than a military aircraft; (19) "commercial aircraft" means an aircraft operated or available for operation for hire or reward; (20) "commercial air service" means any use of aircraft for hire or reward; (21) "contracting state" means a state that is a party to the Convention; (22) "control area" means a controlled airspace extend- ing upwards vertically from a specified height above the surface of the earth; (23) "controlled airport" means an airport at which an air traffic control unit is provided; (24) "controlled airspace" means an airspace of defined dimensions within which air traffic control service is provided; (25) "control zone" means a controlled airspace extend- ing upwards vertically from the surface of the earth; (26) "Convention" means the Convention on Inter- national Civil Aviation signed on behalf of Canada at Chicago on the seventh day of December, 1944; (27) "critical engine" means the engine the failure of which gives the most adverse effect on the aircraft characteristics relative to the aircraft under consideration; (28) "cruising altitude" means an altitude, as shown by a constant altimeter indication in relation to a PAGENO="0356" 350 AIR LAWS AND TREATIES OF THE WORLD fixed and defined datum, maintained during a flight or portion thereof; (29) "flight crew member" means a crew member acting as pilot-in--command, co-pilot, flight navigator, or flight engineer of an aircraft during flight time; (30) "flight notification" means specified information submitted in accordance with section 534, relative to the intended flight of an aircraft; (30A) "flight permit" means a permit issued pursuant to section 211; (31) "flight plan" means specified information sub- mitted in accordance with section 534 or 551, relative to the intended flight of an aircraft; (32) "flight time" means the total time from the moment the aircraft first moves under its own power for the purpose of taking off until the moment it comes to rest at the end of the flight; (33) "flight visibility" means the average range of visibility at any given time forward from the cock- pit of an aircraft in flight; (34) "glider" means a motorless heavier-than-air air- craft, deriving its lift in flight from aerodynamic reactions on surfaces which remain fixed under given conditions of flight; (35) "ground visibility" means the visibility at an air-- port, as reported by an observer accredited by the Minister for the purpose; (36) "heavier-than-air aircraft" means any aircraft deriving its lift in flight from aerodynamic forces; (37) "helicopter" means a heavier-than-air aircraft supported in flight by the reactions of the air on one or more power-driven rotors on substantially vertical axes; (38) "instrument flight rules" means the rules set forth in Part V of these regulations and the orders and directions made by the Minister thereunder; (39) "IFR" means the instrument flight rules; (40) "IFR weather conditions" means weather conditions below the minimum prescribed for flights under visual flight rules (VFR); PAGENO="0357" AIR LAWS AND TREATIES OF THE WORLD 351 (41) "IFR flight" means a flight conducted in accordance with the instrument flight rules; (42) "issue", in relation to any document, includes any renewal, endorsement or validation thereof as pro~ vided in these regulations, and "issued" has a corresponding meaning; (43) "landing", in relation to an aircraft, means the act of coming into contact with a supporting surface, and includes the immediately preceding and follow- ing acts, and in relation to an airship or free balloon means the act of bringing the airship or balloon under restraint, and includes the immediately pre- ceding and following acts; (44) "lighter-than-air aircraft" means any aircraft sup- ported by its buoyancy in the air; (45) "magnetic track" means the angle measured clock- wise from magnetic North to the path followed by an aircraft over the earth; (46) "making way" means the state of being under way on surface of the water and having a velocity relative to such surface; (47) "manceuvring area" means that part of an airport ordinarily used for the taking off and landing of aircraft and for the movement of aircraft associated with take-off and landing; (48) "Minister" means the Minister as defined in the Aeronautics Act; (49) "night", within Canada, means the period of time between the end of Evening Civil Twilight and the beginning of Morning Civil Twilight, but com- mencing not less than one-half hour after sunset and ending not less than one-half hour before sunrise; (50) "operator", with reference to an aircraft, means the person in possession of the aircraft, whether as owner, lessee, hirer, or otherwise; and with reference to an airport, means the holder of the airport licence, or the person in charge of such airport, whether as employee, agent or representa- tive of the holder of such licence; PAGENO="0358" 352 AIR LAWS AND TREATIES OF THE WORLD (51) "overtaking aircraft" means an aircraft that is approaching another from the rear on a line form- ing an angle of less than 7Ø0 with the plane of symmetry of the latter; i.e. is in such a position with reference to the other aircraft that at night it is not ordinarily possible to see either of the aircraft's forward lights; (52) "owner", with reference to an aircraft, includes: (a) the person in whose name the aircraft is regis- tered, (b) a person in possession of the aircraft as pur- chaser under a conditional sale or hire-pur- chase agreement that reserves to the vendor the title to the aircraft until payment of the purchase price or the performance of certain conditions, (c) a person in possession of the aircraft as chattel mortgagor under a chattel mortgage, and (d) a person in possession of the aircraft under a bona-fide lease or agreement of hire; (53) "pilot-in-command" means the pilot responsible for the operation and safety of the aircraft during flight time; (54) "private aircraft" means a civil aircraft other than a commercial aircraft or a state aircraft; (55) "state aircraft" means a civil aircraft owned by and exclusively used in the service of Her Majesty in right of Canada or in right of any province; (56) "taking off", in relation to an aircraft, means the act of abandoning a supporting surface and includes the immediately preceding and following acts, and in relation to an airship or balloon means the act of freeing the airship or balloon from restraint, and includes the immediately preceding and following acts; (5 GA) "ultra-light aircraft" means an aircraft designated as such pursuant to subsection (3) of section 211; (57) "under control" means the state of being manoeu- verable in accordance with these regulations or the regulations under the Canada Shipping Act for preventing collisions at sea; 586l4-9-2~ PAGENO="0359" AIR LAWS AND TREATIES OF THE WORLD 353 (58) "under way" means the state of being on the surface of the water but not moored or fastened to any fixed object on the land or in the water; (59) "VFR" means the visual flight rules; (60) "VFR flight" means a flight conducted in accord- ance with the visual flight rules, and "special VFR flight" means a flight conducted in accordance with directions issued by the Minister under section 503; (61) "VFR weather conditions" means weather condi- tions equal to or above the minima prescribed for flight under the visual flight rules; (62) "visibility" means the distance at which prominent unlighted objects may be identified by day .and prominent lighted objects may be identified by night; and (63) "visual flight rules" means the rules set forth in Part V of these regulations and the orders and directions made by the Minister thereunder. Application 102. (1) Except as provided in this Part, these regula- tions apply in respect of all aircraft in Canada and all Canadian aircraft when flown outside of Canada. (2) These regulations do not apply in respect of (a) a military aircraft of Her Majesty when manoeuvring under the authority of the Mini- ster of National Defence, or (b) military aircraft of a country other than Canada, to the extent that the Minister of National Defence has specifically exempted any such aircraft from the application of these regulations. (3) These regulations do not apply in respect of Cana- dian aircraft when flown within or over the territory of a country other than Canada, insofar as they are inconsistent with or repugnant to the laws and procedures of such other country. (4) The Minister may exempt any person, aircraft or aerodrome in whole or in part from the application of these regulations or any portion thereof. 103. For the purposes of these regulations a state air- craft shall be deemed to be a commercial aircraft. PAGENO="0360" 354 AIR LAWS AND TREATIES OF THE WORLD PART II REGISTI~ATION, CERTIFICATION AND MARKING DIVISION I AIRCRAFT REGISTRATION 200. No person shall fly an aircraft in Canada unless it is registered (a) under this Part, or (b) under the laws of a contracting state or a state that is a party to an agreement entered into with Canada relating to interstate flying. 201. The Minister shall cause a register of aircraft to be maintained in which shall be entered the names of the owner, or owners of every aircra-ft registered under this Part and such other particulars concerning the aircraft as the Minister directs. 202. Subject to this Part, the Minister may direct that no aircraft shall be registered under this Part except upon application for registration of the aircraft in such form as may be prescribed by the Minister and except upon such terms and conditions as may be prescribed by him. 203. The Minister may, subject to this Part, register any aircraft under this Part as a commercial aircraft, private aircraft or state aircraft. 204. (1) No aircraft shall be registered under this Part unless, (a) it is a state aircraft or is owned exclusively by a person qualified under subsection (2) to be the registered owner of a Canadian aircraft; (b) there is in force in respect of the aircraft a certif- icate of airworthiness or a flight permit issued under this Part; (c) all duties due and payable under the laws of Canada in respect of the importation of the air- craft into Canada have been paid; and PAGENO="0361" AIR LAWS AND TREATIES OF THE WORLD 355 (d) the aircraft is not registered elsewhere than in Canada. (2) For the purpose of paragraph (a) of subsection (1), a person is qualified to be the registered owner of a Canadian aircraft who is (a) a Canadian citizen, (b) a person lawfully admitted to Canada for per- manent residence who, since being so admitted, has been ordinarily resident in Canada for a period of not more than six years, (c) a corporation incorporated under the laws of Canada or any province, the chairman or acting chairman and at least two-thirds of the directors of which are Canadian citizens and at least three- fourths of the shares of which (having full voting rights under all circumstances) belong to (i) Canadian citizens, or (ii) a corporation other than a corporation con- trolled directly or indirectly by citizens or subjects of a country other than Canada, or (d) in the case of a private aircraft, (i) a citizen or subject of a contracting state, or (ii) a corporation incorporated under the laws of Canada or a province. 205. Notwithstanding anything in this Part, an aircraft that is the subject of (a) a chattel mortgage, or (b) a conditional sale or hire-purchase agreement that reserves to the vendor the title to the aircraft until payment in full of the purchase price or the satis- faction of some other condition may be registered in the name of the mortgagor or pur- chaser as owner of the aircraft if such mortgagor or purchaser is qualified under section 204 to be the regis- tered owner of a Canadian aircraft and the Minister is satisfied that it is in the public interest so to do. PAGENO="0362" 356 AIR LAWS AND TREATIES OF THE WORLD 206. Upon the registration of an aircraft under this Part a registration mark and certificate of registration shall be issued and delivered to the owner as prescribed by the Minister. 207. (1) Where any Canadian aircraft is destroyed or permanently withdrawn from use, the registered owner of the aircraft shall forthwith so notify the Minister in writing and the registration and certificate of registration of the aircraft shall be deemed to have been cancelled as of the date of such notification. (2) Where the ownership of a Canadian aircraft is changed, the registered owner of the aircraft shall forth- with so notify the Minister in writing and the registration and certificate of registration shall be deemed to have been cancelled as of the date of such change of ownership, but the nationality and registration marks shall not be altered unless the aircraft is subsequently registered in a country other than Canada. (3) The Minister may at any time cancel the registra- tion of any aircraft under this Part. 208. Where a Canadian aircraft that is a private aircraft is owned by any person other than a Canadian citizen or a corporation mentioned in paragraph (c) of subsectioD (2) of section 204, no person shall (a) operate the aircraft from a base outside Canada for an aggregate period of more than six months in any period of twelve months; or (b) fly the aircraft in any country other than Canada or the country of which the registered owner is a citizen or subject. 209. (1) No person shall operate any aircraft in Canada for an aggregate peripd of more than six months in any 12-month period unless it is registered (a) under this Part, or (b) under the laws of the contracting state that grants reciprocal privileges under like terms and condi- tions in respect of aircraft registered under this Part. PAGENO="0363" AIR LAWS AND TREATIES OF THE WORLD 357 (2) No person shall use an aircraft in a commercial air service that is operated wholly within Canada unless the aircraft is registered (a) under this Part as a commercial aircraft, or (b) in a contracting state and special permission has been granted by the Minister to use the aircraft for that purpose. DIVISION II AIRCRAFT AIRWORTHINESS 210. No person shall fly or attempt to fly an aircraft unless there is in force in respect of the aircraft a certi- ficate of airworthiness issued under this Part or under the laws of the country in which the aircraft is registered or a flight permit issued under this Part, and unless all conditions upon which the certificate or permit was issued have been complied with. 211. (1) The Minister may establish standards of air- worthiness for aircraft, including requirements in respect of the design, construction, weight, instruments and equipment of the aircraft and any other matter relating to the safety of such aircraft. (2) The Minister, upon being satisfied that an aircraft conforms to the standards of airworthiness established in respect of that aircraft, may issue a certificate, to be known as a certificate of airworthiness, in a form pre- scribed by the Minister, and may renew an existing certi- ficate of airworthiness by an endorsement thereon. (3) The Minister may designate any aeroplane or fixed wing glider as an ultra-light aircraft when, by reason of its low weight or low wing loading and its particular design, it is not practicable to prescribe standards of air- worthiness for it. (4) The Minister may issue in respect of an ultra- light aircraft or a private aircraft a permit (to be known as a flight permit) in a form prescribed by the Minister, PAGENO="0364" 358 AIR LAWS AND TREATIES OF THE WORLD and may make directions concerning equipment, weight, instruments and any other matters relating to the opera.. tion of such aircraft. (5) The Minister may issue in respect of an aircraft a permit (to be known as a flight permit) in a form prescribed by the Minister, in any case where the aircraft is to be operated for purposes of experiment, test, demon- stration or other special flight. (6) A certificate of airworthiness or flight permit issued under this Part shall contain such conditions relating to the equipment, maintenance and operatiOn of the air.. craft as may be prescribed by the Minister, and the conditions so prescribed may be amended at any time by the Minister. (7) The Minister may at any time inspect or cause to be inspected any aircraft in respect of which a certificate of airworthiness or a flight permit has been issued under this Part. 212. The Minister may, if he has reason to believe that an aircraft is unsafe for flying, suspend the certificate of airworthiness or flight permit issued in respect of that aircraft. 213. The Minister may cancel or suspend a certificate of airworthiness or a flight permit at any time when, in his opinion, such cancellation or suspension is necessary or advisable having regard to the safety of aerial navigation. 214. An aircraft type approval may be issued by the Minister in respect of any type of aircraft that in his opinion complies with standards of airworthiness approved or established by the Minister. 215. The Minister may make directions with respect to the times when a certificate of airworthiness is in force. 216. The Minister may prescribe such additional requirements in respect of the equipment and maintenance of any aircraft as he considers necessary by reason of the conditions under which the aircraft is operated. PAGENO="0365" AIR LAWS AND TREATIES OF THE WORLD 359 217. No person shall fly or attempt to fly any aircraft unless (a) the weight of the aircraft and its load does not exceed the maximum permissible weight specified in the certificate of airworthiness; (b) the load is properly disposed of in accordance with the conditions of the certificate of airworthiness; (c) the equipment and any cargo carried are secured so as to prevent shifting in flight and are not so placed as to blocis or restrict the exit of passengers in an emergency; (d) the required emergency equipment is carried on board and is in good condition; and (e) the aircraft is safe and fit in all respects for the intended flight. PAGENO="0366" 360 AIR LAWS AND TREATIES OF THE WORLD DIVISION III NATIONALITy AND REGISTRATION MARKS 218. (1) No person shall fly or attempt to fly an aircraft unless its nationality and registration marks are painted on or affixed to the aircraft in the manner prescribed by the laws of the state in which the aircraft is registered, and are clean and visible. (2) The nationality and registration marks of a Cana-. dian aircraft shall be painted on or affixed to the aircraft as may be directed by the Minister. 219. Every aircraft shall carry a fireproof identification plate inscribed with its nationality and registration marks, which plate shall be secured in a prominent position near the main entrance to the aircraft. 220. The nationality mark of a Canadian aircraft shall be a combination of two capital letters, and the registra-. tion mark shall be a combination of three capital letters, as specified by the Minister. PAGENO="0367" AIR LAWS AND TREATIES OF THE WORLD 361 PART III AERODROMES 300. No area of land or water shall be used as an airS Dort unless it has been licensed as such as provided in this Part. 301. The Minister may issue in respect of any aerodrome that contains such installations and equipment for the arrival, departure, movement or servicing of aircraft as are specified by him, a licence, to be known as an airport licence, entitling the person named therein to operate the aerodrome as an airport. - 302. Every airport licence shall be in such form as the Minister prescribes and shall contain such conditions relat-. ing to the installation, equipment, maintenance, lighting, marking, use and opel ation of the airport as the Minister deems necessary, and the conditions so contained in the licence may be amended at any time by the Minister. 303. Subject to these regulations, the Minister may prescribe the conditions upon which airport licences may be issued and the form of applications for airport licences. 304. The Minister may cancel or suspend an airport licence at any time for any reason that to him seems sufficient. 305. The holder of an airport licence shall (a) comply with all conditions of issue of such licence;. and (b) keep the licence and a copy of the tariff of fees prescribed or approved for the airport displayed in a prominent place at the airport; 306. An airport licence is not valid after fourteen days from the date of any change in the ownership of the air- port in respect of which it was issued, unless sooner renewed by the Minister. 307. No person shall knowingly use any airport for any purpose contrary to the conditions of issue of the airport licence. PAGENO="0368" 362 AIR LAWS AND TREATIES OF THE WORLD 308. State aircraft shall be permitted the use of any air-. port and its facilities at all reasonable times, subject to the conditions of issue of the airport licence. 309. As soon as possible after landing at any airport, the pilot-in-command of the aircraft shall report or cause to be reported the fact of such landing to the operator of the airport or his accredited representative. 310. Every airport and all aircraft using the airport are subject at all times to inspection by the Minister or any person thereto authorized by him, but no building used exclusively for purposes relating to the construction or design of aircraft or aircraft equipment is subject to inspection by any such person except upon the written order of the Minister. 311. The Minister may make directions (a) prescribing the marks and lights to be displayed by day and by night at any aerodrome; (b) prescribing or approving the fees that may be charged for the use of any airport or its facilities; and (c) prescribing such other conditions as he deems necessary respecting the operation of any aero- drome. 312. During daytime periods of poor visibility, lights used for the night lighting of aerodromes shall be oper- ated whenever possible and insofar as may be necessary under the circumstances. 313. No person shall (a) walk or stand, or drive or park any vehicle, on any part of an airport used for the movement of aircraft except in accordance with permission given by the appropriate air traffic control unit or, in the absence of any such unit, by the operator of the airport; (b) operate any vessel on or cause any floating or other obstruction on the surface of any part of the water area of an airport that is necessary for the safe and proper navigation of aircraft to be kept clear of obstructions, when warned off, by signal or otherwise, by the appropriate air traffic control unit or other person as provided in paragraph (a); PAGENO="0369" AIR LAWS AND TREATIES OF THE WORLD 363 (c) mark or display at any place other than an aero- drome any mark, light or signal calculated or likely to induce any person to believe that the place is an aerodrome; (d) exhibit at or in the vicinity of an aerodrome any light or signal which may endanger the safety of aircraft by reason of glare or by causing confusion with or preventing clear visual reception of any light or signal prescribed by these regulations; (e) knowingly remove, deface, extinguish or interfere with any light or signal used for the purpose of air navigation; (f) allow any animal that is owned by him or is in his custody or control to run at large within the bound- aries of an airport or an aerodrome; or (g) discharge any firearm within or into the boundaries of an airport or an aerodrome without the permis- sion of the operator of the airport or the aerodrome. 314. The operator of an airport may remove or cause to be removed from the water surface of the airport any logs or any other floating obstruction or obstacle that, in his opinion, constitutes a menace to the safe operation of aircraft at or in the vicinity of the airport, and may convey or cause to be conveyed such logs or other thing causing or forming part of such obstruction or obstacle to such convenient place as he deems suitable and proper. 315. The use of any licensed or unlicensed area for landing or taking off an aircraft is prima fade proof of the acceptance by the pilot-in-command of the aircraft of the suitability of that area for the intended operation. 67717 O-61--~4 PAGENO="0370" 364 AIR LAWS AND TREATIES OF THE WORLD PART N PERSONNEL LICENSING 400. Except as provided in this Part, no person shall fly or attempt to fly as a flight crew member of an aircraft unless he is the holder of a valid and subsisting licence or permit appropriate to his duties, issued under this Part. 401. Except as otherwise directed by the Minister, a person is entitled to fly as a flight crew member of an aircraft registered in a contracting state if he is the holder of a licence or permit appropriate to his duties issued or validated under the laws of that state. 402. The Minister may direct that no person shall per- form or attempt to perform duties, other than duties of a flight crew member, of a kind specified by the Minister, that affect or may affect the safety of any aircraft, unless that person is the holder of a licence appropriate to his duties, issued under this Part. 403. The Minister may make directions specifying (a) the various classes of licences and permits that may be issued under this Part; (b) the duties and functions that may be carried out by the holder of a licence or permit of any class; (c) the kinds of aircraft and the types of aircraft opera- tions in which the privileges attaching to licences or permits of flight crew members may be exercised; (d) the qualifications as to age, physical conditions, knowledge, experience and skill of persons to whom licences or permits may be issued under this Part; (e) the nature of the examinations or tests to be under- gone and information to be submitted by any person applying to have a licence or permit issued, renewed or validated or to have the conditions or privileges of a licence or permit varied; and (f) such other conditions and limitations as the Minister deems advisable affecting the privileges attaching to licences or permits issued under this Part. PAGENO="0371" AIR LAWS AND TREATIES OF THE WORLD 365 404. The Minister may, upon being satisfied as to the qualifications of any applicant, (a) issue to the applicant a licence or permit appro- priate to his qualifications, in a form prescribed by the Minister; (b) issue to the applicant a document, in a form pre- scribed by the Minister, validating in Canada any licence appropriate to the qualifications of the applicant, held by the applicant under the laws of a contracting state or a country that is a party to an agreement entered into with Canada relating to interstate flying; or (c) enter on any licence or permit held by the appli- cant an endorsement extending to the applicant the privilege of performing additional duties or functions appropriate to his qualifications. 405. No licence or permit shall be issued to a person and no licence held by a person shall be validated under this Part unless that person is (a) a Canadian citizen; (b) a person lawfully admitted to Canada for per- manent residence who, since being so admitted, has been ordinarily resident in Canada for a period of not more than six years; or (c) a citizen or subject of a contracting state that grants like privileges to Canadian citizens on equal terms and conditions as citizens or subjects of that state. 406. A licence, permit or document validating any licence issued under this Part may contain such conditions as the Minister prescribes, and the conditions may be amended at any time by the Minister. 407. The Minister may at any time for any reason that to him seems sufficient cancel or suspend a licence, permit or document validating any licence issued under this Part. 408. No person shall fly or attempt to fly as a flight crew member of an aircraft, or otherwise act or attempt to PAGENO="0372" 366 AIR LAWS AND TREATIES OF THE WORLD act in the capacity in which a licence issued or validated under this Part entitles him to act, (a) if he is aware of being under any physical disability that might render him unable to meet the require- ments as to physical condition for the issue or renewal of the licence; (b) while his ability so to act is impaired by alcohol or a drug; (c) during any period for which his licence or the document validating his licence has been suspended; or (d) after his licence or the document validating his licence has been cancelled or has expired. PAGENO="0373" AIR LAWS AND TREATIES OF THE WORLD 367 PART V RULES OF THE AIR DIVISION I 500. All Canadian aircraft in flight over the high seas shall comply with the Rules Of the Air contained in Annex 2 to the Convention as amended from time to time. DIVISION II GENERAL RULES 501. The pilot-in-command of an aircraft, prior to the commencement of any flight, shall ascertain whether the conditions of flight are such as to enable the flight to be conducted in accordance with the visual flight rules. 502. In any case where the pilot-in-command of an aircraft ascertains that the conditions of flight are not such as to enable the flight to be conducted in accordance with the visual flight rules, the flight shall be conducted in accordance with the instrument flight rules. 503. When so directed by the Minister, visual flights may be conducted within eontrol zones under IFR weather conditions without complying with the instrument flight rules. 504. Prior to the commencement of any flight the pilot- in-command of an aircraft shall familiarize himself with all available information appropriate to the intended flight. 505. The pilot-in-command of an aircraft shall comply with all air traffic control clearances or instructions received by him. 506. When so directed by the Minister, aircraft flown at night within controlled airspace shall comply with the instrument flight rules. 507. No person shall create a hazard to persons or property on the ground or water by dropping anything from an aircraft in flight. PAGENO="0374" 368 AIR LAWS AND TREATIES OF TIlE WORLD 508. (1) Subject to this section, the Minister may make directions prohibiting or restricting the navigation of air- craft over such areas as are specified by the Minister, either absolutely or subject to such exceptions or condi- tions as may be specified by him. (2) No aircraft shall be flown ovt~r (a) any penitentiary, as defined in the Penitentiary Act, or (b) any area specified by direction of the Minister as an area over which the navigation of aircraft is prohibited, or so near thereto that the angle between the perpencli- cular and a line from the aircraft to the nearest point of such area is less than twenty degrees, except with the permission of the Minister and subject to such terms and conditions as may be specified by the Minister. 509. No object shall be towed by any aircraft, except in accordance with such conditions as may be specified by the Minister. 510. Parachute descents, other than emergency descents, shall not be made in controlled airspace except in accord- ance with the written authorization of the Minister. 511. No person shall enter or attempt to enter any aircraft in flight or leave or attempt to leave any aircraft in flight except for the purpose of making a parachute descent, or give upon any aircraft in flight any gymnastic or other like exhibition. 512. No aircraft shall be flown in any acrobatic flight (a) so as to endanger or be likely to endanger air traffic in the vicinity of the aircraft; (b) over any urban or other populous area; or (c) within any airway or air route designated as such by the Minister. 513. No aircraft shall be flown in any acrobatic flight or exhibition flight over any assembly of persons except in accordance with the written authorization of the Minister. 514. No person in any aircraft shall execute any acro~ batic flying unless he is the sole occupant of the aircraft PAGENO="0375" AIR LAWS AND TREATIES OF THE WORLD 369 or is a flying instructor authorized in accordance with these regulations to engage in giving dual flying instructions. 515. No aircraft shall be operated in such a negligent or reckless manner as to endanger or be likely to endanger the life or property of any person. 516. The pilot-in-command of an aircraft operated on or in the vicinity of an aerodrome shall (a) observe other aerodrome traffic for the purpose of avoiding collision; (b) conform with or avoid the pattern of traffic formed~ by other aircraft in operation; (c) make all turns to the left, when approaching for a landing and after taking off, unless otherwise directed by the Minister, except that an air traffic control unit may authorize a turn or partial turn to the right when desirable in specific instances; (d) land and take off, insofar as practicable into the wind unless otherwise authorized by the appro- priate air traffic control unit; (e) maintain a continuous watch on the radio frequen- cies designated for airport control communications or, if such continuous watch is not possible, keep a watch for such instructions as may be issued by visual means in any case where an air traffic con- trol unit is in operation; and (f) obtain, either by radio or by visual signal, such authorization for his movements from the appro- priate air traffic control unit, if any such unit is in operation, as may be necessary for the protection of airport traffic. 517. No person shall fly an aircraft at a height of less than two thousand feet over an aerodrome except for the purpose of landing or taking off or except as otherwise directed by an air traffic control unit. 518. No aircraft shall be flown in such proximity to any other aircraft as to create a collision hazard. 519. No aircraft shall* be flown in formation except by pre-arrangement between the pilots-in-command of such PAGENO="0376" 370 AIR LAWS AND TREATIES OF THE WORLD aircraft and, within any control zone, between the pilots- in-command of such aircraft and the appropriate air traffic control unit. 520. When two aircraft are on converging courses at approximately the same altitude, the aircraft that has the other on its right shall give way, except as follows: (a) power-driven heavier-than-air aircraft shall give way to airships, gliders and balloons; (b) airships shall give way to gliders and balloons; (c) gliders shall give way to balloons; (d) power-driven aircraft shall give way to aircraft that are seen to be towing aircraft or other objects. 521. The aircraft that has the right-of-way shall main- tain its course and speed, but nothing in this Part relieves the pilot-in-command of any aircraft from the respon- sibility of taking such action as is necessary to avoid collision; any aircraft that. is required to keep out of the way of another shall avoid passing over or under, or crossing, ahead of the other unless passing or crossing well clear of it. 522. When two aircraft are approaching head-on or approximately so and there is danger of collision, each shall alter its course to the right. 523. An aircraft that is being overtaken has the right- of -way and the overtaking aircraft, whether climbing, descending or in horizontal flight, shall keep out of the way of the other aircraft by altering its course to the right and no subsequent change in the relative positions of the two aircraft shall absolve the overtaking aircraft from the obligation so to alter its course until it is entirely past and clear of the other. 524. Aircraft in flight or manceuvring on the ground or water shall give way to other aircraft landing or about to land. 525. Where two or more heavier-than-air aircraft are approaching an aerodrome for the purpose of landing PAGENO="0377" AIR LAWS AND TREATIES OF THE WORLD 371 the aircraft at the higher altitude shall give way to aircraft at the lower altitude, but the latter shall not take advantage of this requirement to manoeuvre in front of another aircraft that is about to land, or to overtake that aircraft; power-driven heavier-than-air aircraft shall give way to gliders where both such aircraft are approach- ing an airport for the purpose of landing. 526. No aircraft shall take off or attempt to take off until such time as there is no apparent risk of collision with any other aircraft. 527. Where the pilot-in-command of an aircraft is aware that another aircraft is compelled to land, he shall give way to such other aircraft. 528. Where the pilot-in-command of an aircraft declares that an emergency situation exists as a result of which it is necessary for the appropriate air traffic control unit to give priority to such aircraft, the pilot-in-command shall make a full report of the situation to such air traffic control unit within forty-eight hours thereafter. 529. Except when taking off or landing or except as specifically authorized by the Minister, aircraft shall not be flown (a) over the built-up areas of cities, towns or other settlements or over an open-air assembly of persons, except at altitudes that will permit, in the event of an emergency, the landing of the aircraft without undue hazard to persons or property on the surface; such altitudes shall not in any case be less one thousand feet above the highest obstacle within a horizontal radius of two thousand feel from the aircraft; and (b) elsewhere than over any area mentioned in para- graph (a), except at altitudes of not less than five hundred feet above the surface of the ground or water, unless such flight may be made without undue hazard to persons or property on the surface. PAGENO="0378" 372 AIR LAWS AND TREATIES OF THE WORLD 530. An aircraft in level cruising flight at one thousand feet or more above the surface of the ground or water shall maintain the following cruising altitudes: (a) within controlled airspace, such altitude appropriate to the direction of flight as is prescribed by the Minister; and (b) elsewhere than within controlled airspace, such altitude appropriate to the `magnetic track as is prescribed by the Minister. 531. The pilot-in-command of an aircraft on the water shall, (a) when on the waters of the Great Lakes, their con-, necting and tributary waters and on the Ottawa and St. Lawrence rivers and their tributaries as far east as the lower exit of the Lachine Canal and the Victoria Bridge at Montreal, comply with the "Rules of the Road for the Great Lakes" established pursuant to the Canada Shipping Act; and (b) when on any other inland waters in Canada or on the high seas, comply with the "Regulations for Preventing Collisions at Sea" established pursuant to that Act. 532. (1) When two aircraft or an aircraft and a vessel are approaching one another on the water and there is a risk of collision, the aircraft in question shall proceed with careful regard to existing circumstances and condi- tions including the limitations of the respective craft. (2) An aircraft on the water that has another aircraft or a vessel on its right shall give way so as to keep well clear. (3) An aircraft on the water approaching another air- craft or a vessel head-on, or approximately so, shall alter its heading to the right so as to keep well clear. (4) The aircraft or vessel on the water that is being overtaken has the right of way, and the one overtaking shall alter its heading to keep well clear. (5) Aircraft landing on or taking off from the water shall, insofar as practicable, keep well clear of all vessels and avoid impeding their navigation. PAGENO="0379" AIR LAWS AND TREATIES OF THE WORLD 373 533. By night, at airports used or available for night flying, aircraft parked or being moved on the manceuv- ring area or in proximity thereto shall be clearly illumin- .ated or lighted, or the area that they occupy marked with obstruction lights; between sunset and sunrise an aircraft on the water and not under way shall display where it can best be seen a white light visible in all direc- tions on the horizon at a distance of at least one mile unless within any area specifically exempted by the Minister. 534. The pilot-in-command of any aircraft shall, in accordance with any direction of the Minister in that behalf, (a) submit a flight plan to the appropriate air traffic control unit prior to the commencement of any VFR flight; and (b) submit a flight notification to a responsible person prior to the commencement of any flight for which no flight plan is required by these regulations. 535. No person shall knowingly submit any flight plan or flight notification as required by these regulations that contains any false or misleading statement or matter, or that is calculated to deceive any person to whom it is so required to be submitted. 536. Where any flight is made in deviation from a VFR flight plan or a flight notification, the pilot-in-command of the aircraft shall, as soon as practicable, notify the person àr agency with whom the flight plan or flight notification was flied of such deviation. 537. The pilot-in-command of an aircraft for which a VFR flight plan or a flight notification has been filed shall report his arrival, as soon as possible after landing, to the person or agency with whom the flight plan or flight notification was filed, unless such person or agency was previously notified that no arrival report would be filed. 538. No single-engined landplane shall be operated on a commercial air service over water beyond gliding dis- tance from shore except as authorized by the Minister, nor shall any flight be commenced in any single-engined PAGENO="0380" 374 AIR LAWS AND TREATIES OF THE WORLD aircraft with intent that the flight should be a trans- oceanic flight; multi-engined landplanes unable to main-. tam flight in the event of failure of the critical engine shall be deemed to be single-engined landplanes for the purpose of this section. DIVISION III VISUAL FLIGHT RULES (VFR) 539. In controlled airspace no flight being made in accordance with the visual flight rules shall be continued in accordance with the instrument flight rules except with the authority of the appropriate air traffic control unit. 540. When operated in accordance with the visual flight rules, aircraft shall be flown with visual reference to the ground or water unless otherwise authorized by the appro- priate air traffic control unit in accordance with any direc- tions of the Minister in that behalf. 541. VFR flights within controlled aispace and else- where shall be made in accordance with such VFR flight minima as may be directed by the Minister. 542. The amount of fuel and oil carried on board any aircraft at the commencement of any VFR flight shall be sufficient, anticipated wind and other weather conditions having been considered, to fly to the place of intended landing and thereafter for forty-five minutes at normal cruising speed. 543. No aircraft shall be flown under simulated instru- ment flight conditions unless, (a) the aircraft is equipped with fully functioning dual controls; and (b) a competent pilot occupies a control seat to act as safety pilot for the person who is flying under simulated instrument flight conditions; the safety pilot shall have adequate vision forward and to each side of the aircraft, or a competent observer in communication with the safety pilot shall occupy a position in the aircraft from which his field of vision adequately supplements that of the safety pilot. PAGENO="0381" AIR LAWS AND TREATIES OF THE WORLD 375 DIVISION IV INSTRUMENT FLIGHT RULES (IFR) 544. In controlled airspace all flights being made in accordance with the instrument flight rules shall continue in accordance with the instrument flight rules, regardless of weather conditions, unless and until such time as the appropriate air traffic control unit is notified to the contrary. 545. The pilot-in-command of an aircraft may elect to conduct a flight under the instrument flight rules in condi- tions of visibility and distance from cloud equal to or better than VFR minima. 546. For the purposes of any IFR flight, (a) the pilot of the aircraft shall possess such special qualifications as may be directed by the Minister; and (b) the aircraft shall be equipped with such instru- ments and radio apparatus as may be directed by the Minister. 547. (1) Except as directed by the Minister, no IFR flight shall be commenced unless, wind and other antici- pated meteorological conditions having been considered, ~üfficiént fuel and oil are carried to fly to the airport of intended landing, thence to an alternate airport and there- after for forty-five minutes at normal cruising speed. (2) The provisions of subsection (1) respecting alter- nate airports do not apply to flights confined to areas in the. vicinity of an airport. 548. Where there are indications that traffic delays may be. encountered, such quantities of fuel and oil as may be necessary in addition to the minima required by this Division shall be carried to meet such conditions. 549.. The weather operating minima in respect of any airport as specified in the "Canada Air Pilot" issued under they authority* of the Minister or elsewhere specified and duly approved, by the Minister, apply in respect of all ~~ndingsand'~take-offs made in accordance with theinstru- ment flight rules at that airport. PAGENO="0382" 376 AIR LAWS AND TREATIES OF THE WORLD 550. Except when taking off or landing, or except as specifically authorized by the Minister, aircraft in IFR flight shall not be flown except at altitudes of at least one thousand feet above the highest obstacle located within a horizontal radius of five miles from the estimated posi-. tion of the aircraft in flight, but the Minister may direct that flights over any area specified by him shall not be conducted except at such higher minima altitude as may be specified by him. 551. (1) Prior to taking off from any point within and prior to entering any controlled airspace during IFR flight, a flight plan for the flight containing such information as may be specified by the Minister shall be submitted by the pilot-in-command of the aircraft to the appropriate air traffic control unit. (2) Except as otherwise authorized by the Minister, no IFR flight shall be made in controlled airspace unless the flight plan as submitted includes an alternate airport having a landing area suitable for use by the aircraft in question. (3) A particular alternate airport shall be included in the flight plan only when current forecasts show a trend indicating that the ceiling and visibility at that alternate airport will, at the expected time of arrival, be at or above such minima as may be specified by the Minister. 552. (1) Prior to taking off from any point within and prior to entering any controlled airspace during IFR flight, an air traffic control clearance based on the flight plan shall be obtained from the appropriate air traffic control unit, and the aircraft shall be flown in accordance with such clearance, and, unless otherwise authorized by the appropriate air traffic control unit, shall follow the instrument approach procedures approved for the airport to be used. (2) No deviations shall be made from the requirements of any air traffic control clearance except in an emergency that necessitates immediate action, in which case, as soon as possible after any action has been taken in connection PAGENO="0383" AIR LAWS AND TREATIES OF THE WORLD 377 with such emergency, the pilot-in-command of the air- craft shall inform the appropriate air traffic control unit of the deviation and, if necessary, obtain an amended clearance. 553. (1) Subject to subsection (2), no aircraft shall be flown in accordance with the instrument flight rules within controlled airspace unless a continuous listening watch is maintained on the appropriate radio frequency of the air traffic control unit concerned and two-way communication is established therewith. (2) If unable to mainlain two-way radio communica- tion as required by subsection (1), the pilot-in-command of the aircraft shall comply with such alternative pro- cedures as may be directed by the Minister. 554. (1) During IFR flight, position reports to the appropriate air traffic control unit shall be made over such reporting points as are designated by the Minister and over such other reporting points as are specified by the appropriate air traffic control unit; in the absence of reporting points designated by the Minister, position reports to the air traffic control unit shall be made at such intervals and at such locations as are specified by such unit. (2) All position reports required by subsection (1) shall contain such information and shall be made in such manner as may be directed by the Minister. 555. IFR flights shall be made at the following cruising altitudes: (a) within controlled airspace, at an altitude approved by the appropriate air traffic control unit; and (b) elsewhere, subject to this Part, at such altitude above sea level appropriate to the magnetic track as may be directed by the Minister. 556. The pilot-in-command of an aircraft making an IFR flight for which a flight plan has been submitted shall report his arrival to the appropriate air traffic control unit as soon as possible after landing. PAGENO="0384" 378 AIR LAWS AND TREATIES OF THE WORLD DIVISION V LIGHTS AND VISUAL SIGNALS 557. In this Division, "visible", in relation to any light or signal, means visible on a dark night in a clear atmos- phere. 558. (1) By night all heavier-than-air aircraft in flight or man~uvring on the ground and between sunset and sunrise all aircraft under way on the water shall display the following lights: (a) a forward red light displayed on the left side and a forward green light on the right side, either steady or flashing, each showing an unobstructed light between two vertical planes whose dihedral angle is 1100 when measured to the left and right respectively of the aircraft from dead ahead; such forward lights shall be spaced laterally as far apart as practicable and shall be visible at a distance of at least five miles; and (b) a rear steady white light, or flashing white, or alternating white and red, displayed as far aft as possible, showing between two vertical planes a light visible aft throughout a dihedral angle of 140° bisected by a vertical plane through the longitudinal axis of the aircraft, such light to be visible at a distance of at least three miles. (2) By night all aircraft, other than heavier-than~.air aircraft, in flight or manceuvring on the ground and between sunset and sunrise all seaplanes and other amphibian aircraft on the surface of the water but not under way shall display such lights as may be prescribed by the Minister. (2a) Aircraft carrying passengers by night shall be equipped with a functioning landing light or landing tights. (3) No lights other than those prescribed by this section shall be displayed by any aircraft that might be mistaken for the lights so prescribed. PAGENO="0385" AIR LAWS AND TREATIES OF THE WORLD 379 559. Distress and urgency signals shall be given in accordance with such directions as may be issued by the Minister, but nothing in this section shall be held to prevent the use by a member of the flight crew of an aircraft in distress of any means at his disposal to attract attention and to make known the position of the aircraft~ and obtain help. 560. No light signal or ground marking for the control of air traffic shall be given or displayed at any airport except by the appropriate air traffic control unit or, if no such unit is in operation, by a person thereto authorized by the Minister, and no such signal or marking shall be given or displayed except as prescribed by section 561. 561. (1) Directional light signals to aircraft in flight shall be given as follows: (a) a steady green light means "CLEARED TO LAND"; (b) a steady red light means "GIVE WAY TO OTHER AIRCRAFT AND CONTINUE CIRCLING"; (c) a series of green flashes means "RETURN FOR LANDING", and shall be followed at the proper time by a steady green light; and (ci) a series of red flashes means "AIRPORT UNSAFE; DO NOT LAND". (2) Directional light signals to aircraft on the man- ~uvring area of an aerodrome shall be given as follows: (a) a steady green light means "CLEARED FOR TAKE- OFF"; (b) a steady red light means "STOP"; (c) a series of green flashes means "CLEARED TO TAXI"; (ci) a series of red flashes means "TAXI CLEAR OF LANDING AREA IN USE"; and (e) a flashing white light means "RETURN. TO START- ING POINT ON AIRPORT". (3) The firing of a red pyrotechnical light, whether by day or night ~nd ~~otwithstanding any previous instruc- tion, means "DO NOT LAND FOR THE TIME BEING". 67717 O-61----25 PAGENO="0386" 380 AIR LAWS AND TREATIES OF THE WORLD (4) By day or by night a series of projectiles discharged at intervals of ten seconds, each showing on bursting, red and green lights or stars, means: "YOU ARE IN THE VICINITY OF A PROHIBITED DANGER OR RESTRICT- ED AREA, ALTER COURSE". (5) Ground markings displayed for the control of air traffic at any aerodrome or other area on the land or water shall be in accordance with such directions as may be issued by the Minister. 562. The pilot-in-command of an aircraft in respect of which any light signal or ground marking is given or displayed as prescribed by section 561 shall comply with such signal or marking according to its meaning. PAGENO="0387" AIR LAWS AND TREATIES OF THE WORLD 381 PART VI AIR TRAFFIC CONTROL 600. The Minister may, subject to these regulations, make such directions as he deems necessary (a) respecting the provision of air traffic control service within such portions of the airspace and at such airports as may be specified by him; and (b) respecting the standards and procedures to be followed in the operation of any air traffic control service or any air traffic control unit. 601. Any person who, by virtue of his employment in association with the movement of air traffic, is under a duty to forward information received by him to an appropriate air traffic control unit shall, immediately upon receipt of the information or as soon thereafter as possible, forward such information to the appropriate air traffic control unit. PAGENO="0388" 382 AIR LAWS AND TREATIES OF THE WORLD PART VII COMMERCI~ AIR SERVICE OPERATIONS 700. No person shall operate in Canada any commercial air service unless he holds a valid and subsisting certificate issued by the Minister certifying that the holder thereof is adequately equipped and able to conduct a safe opera-. tion as an air carrier over a prescribed route or in a prescribed area. 701. Every certificate issued under this Part shall be in such form as the Minister prescribes and shall contain such special terms and conditions for the safe and proper operation of the service as the Minister deems necessary. 702. Subject to these regulations, no person shall operate any commercial air service except in accordance with such standards for the safe and proper operation of the service as may be prescribed by the Minister. 703. A certificate issued under this Part may be sus- pended or cancelled by the Minister in the event of the failure of the person to whom it is issued to conduct the service in a safe and proper manner or to maintain the equipment required in connection with the operation of the service. 704. Every owner of a commercial aircraft shall make such returns and furnish such particulars to the Minister in connection with the aircraft as the Minister may prescribe. 705. The Minister may at any time inspect and examine the premises, aircraft and other equipment belonging to or used in connection with any commercial air service and may make such inquiries into the manner of con-. ducting any commercial air service as he deems necessary for purposes of this Part. 706. (1) In this part, "farming" includes tillage of the soil, livestock raising, raising of poultry, dairy farming and fruit growing, but does not include an office or employment under a person engaged in the business of farming. PAGENO="0389" AIR LAWS AND TREATIES OF THE WORLD 383 (2) A person whose chief source of income is from farming is exempted from the provisions of this Part, if (a) he owns an aircraft having a disposable load not exceeding 1,100 pounds, (b) he engages in aerial spraying or dusting for hire and reward within an area having a radius of twenty-five miles from the centre of his farm, and (c) he complies with such conditions and limitations as may be directed by the Minister. PAGENO="0390" 384 AIR LAWS AND TREATIES OF THE WORLD PART VIII DIVISION I MISCELLANEOUS PROVISIONS 800. (1) Explosives and other dangerous articles or substances shall not be carried on board any aircraft except as authorized by the Minister. (2) No person shall send or take upon an aircraft any explosives or other dangerous articles or substances without distinctly marking their nature on the outside of the containers thereof or otherwise giving notice thereof to the person in charge of the aircraft, or the person whose duty it is to receive such goods on board. (3) No aircraft carrying explosives or other dangerous articles or substances shall carry any passenger other than the owner of such goods or his accredited repre- sentative. (4) Subsection (3) does not apply in respect of am- munition ordinarily used for hunting or sporting purposes or as emergency equipment, and subsections (1) to (3) do not apply in respect of explosives or other dangerous articles or substances necessary for the operation of the aircraft or for the safety of crew members or passengers on board. 801. The engine or engines of any aircraft shall not be started unless the pilot's seat is occupied by a person competent to control the aircraft or unless the aircraft is prevented from moving forward, and the engines shall not be left running unless the pilot's seat is occupied by a person competent to control the aircraft. 802. No aircraft carrying passengers shall take off or land by night at an unlighted aerodrome. 803. (1) The pilot-in-command of an aircraft who is given a signal to land, in a form prescribed by the Minister, or given any instruction to land shall, subject to any direc- tion given by any air traffic control unit, forthwith land the aircraft in accordance with the signal or instruction. PAGENO="0391" AIR LAWS AND TREATIES OF THE WORLD 385 (2) For the purposes of subsection (1), a signal or instruction to land may be given by a peace officer, an officer of customs or immigration, an officer of the Royal Canadian Air Force acting within the scope of his duty or any person thereto authorized by the Minister. (3) No~ person shall give any signal or instruction to land as provided in subsection (1) without good and sufficient cause, and for the purposes of any prosecution for a contravention of the provisions of this subsection the Onus of proof that he had such good and sufficient cause is on the person accused of such contravention. 804. The owner or operator of' an aircraft shall, upon notice, by mail to his registered address given by the Minister, advise the Minister as to where the aircraft is then stationed and whether or not it is then in a service- able condition. 805. The owner or operator of any aircraft shall, upon reasonable notice given to him by the Minister, make available such aircraft for inspection in accordance with the notice. 806. Every person who (a) is the holder of any licence, certificate or permit issued under these regulations; (b) is the owner, operator or pilot-in-command of any aircraft in respect of which any certificate, log book or other document is kept; or (c) has in his possession any licence, certificate or permit issued under these regulations or any log book or other document relating to any aircraft or commercial air service; shall, upon demand, (d) produce the licence, certificate, permit, log book or other document, as the case may be, for inspec- tion by a peace officer, officer of customs or im- migration or any person thereto authorized by the Minister; or (e) surrender the licence, certificate, permit, log book or other document, as the case may be, to a peace PAGENO="0392" 386 AIR LAWS AND TREATIES OF THE WORLD officer or any person thereto authorized by the Minister. 807. Where any licence, certificate, permit or other document issued under these Regulations has been can- celled or suspended, the person to whom it was issued shall forthwith return it to the Minister. 808. The Minister may withhold the issue of any licence, certificate, permit or other document under these regula.. tions if, in his opinion, the issue thereof is not in the public interest. 809. (1) No person shall knowingly (a) use, deal with or act upon any licence, certificate, permit or other document issued under these regula-. tions that has been cancelled or suspended, or to which he is not by these regulations entitled; (bC) lend any licence, certificate, permit or other docu-. ment issued under these regulations to any person who is not by these regulations entitled thereto, or allow the same to be used by any such person; or (c) make, assist in making or procure the making of any false representations for the purpose of obtain- ing for himself or any other person the issue of any document mentioned in paragraph (b). (2) No person shall knowingly mutilate, alter or render illegible any log book or any entry made therein, or make, procure or assist in the making of, any false entry in, or omission from, any log book, nor shall any person knowingly destroy any log book during the period for which it is required by these regulations to be kept. 810. (Revoked by SOR/56-.365) 81.1. Where . the Minister has reason to believe, upon complaint or otherwise, that an aircraft within Canada is intended or is about to proceed upon a flight in con- travention of these regulations or while in a condition unfit for flight, he may make such directions and. take such action by way . of the provisional detention of the PAGENO="0393" AIR LAWS AND TREATIES OF THE WORLD 387 aircraft or otherwise as he deems necessary, for the purpose of causing the circumstances relating to the flight to be investigated, or the aircraft to be detained until such time as he is satisfied that the regulations are being complied with or until such alterations or repairs as he deems necessary to render the aircraft fit for flying have been made. 812. No person shall wilfully obstruct or impede any person in the execution of his powers or duties under these. regulations. 813. Neglect on the part of any person to whom any licence, certificate or permit has been issued under these regulations of any precaution that may be required by the ordinary practice of the air or by the special circum- stances of the case, or the contravention of these regula-. tions or any direction of the Minister thereunder by any such person is cause for the suspension of such licence, certificate or permit. 814. Failure on the part of any person to whom any licence, certificate or permit has been issued under these regulations to observe or comply with the conditions upon which such licence, certificate or permit was issued shall be deemed to constitute a contravention of these regula- tions by such person. 815. Every person who (a) flies or manceuvres or otherwise uses or operates any aircraft contrary to the provisions of these regulations or any direction of the Minister thereunder, (b) uses or operates any aerodrbme contrary to the provisions referred to in paragraph (a), (c) is a party to any act desôribed in paragraph (a) or (b), (ci) is the owner or operator or the pilot-in-command of any aircraft by means of which any act described in paragraph (a) is committed, or . PAGENO="0394" 388 AIR LAWS AND TREATIES OF THE WORLD (e) is the operator of any aerodromé in respect of which any act described in paragraph (b) is committed, shall be deemed to have contravened the provisions so referred to unless, in any prosecution for such contraven-. tion, he establishes that the act so described took place without his knowledge or consent or that he exercised all due diligence to prevent its commission. 816. In complying with these regulations due regard shall be had to all dangers of navigation and. of possible collision, and to any special circumstances rendering non- compliance therewith necessary to avoid immediate danger, and in any~ prosecution for a contravention of these regulations or any direction of the Minister there- under it is a good defence if the person in charge therewith establishes that the contravention tpok place due to stress of weather or other unavoidable cause as contemplated by this section. 817. Nothing in these regulations shall be held to relieve the owner, operator or flight crew member of an aircraft of the consequences of any neglect in the use of lights or signals, or of any neglect to keep a proper lookout, or of neglect of any precaution that is required by the ordi- nary practice of the air or by the special circumstances of the case. 818. Before any licence, certificate or permit is first issued under these regulations, the applicant therefor shall remit to the Minister, (a) for a certificate of registration of an aircraft, a fee of $5.00; (b) for a certificate of airworthiness of an aircraft, a fee of $5.00; (bb) for a flight permit for an ultra-light or a private aircraft, a fee of $5.00. (c) for an aircraft type approval, a fee of $25.00; (d) for an airport licence, a fee of $10.00; and (e) for any licence or permit under Part IV, a fee of $5.00. 819. No photographic apparatus shall be installed in, nor shall any photographs be taken from any aircraft while operating in or over Canadian territory unless such aircraft is registered in Canada. PAGENO="0395" AIR LAWS AND TREATIES OF THE WORLD 389 820. (1) No person shall make a photographic survey from an aircraft of features and properties of the earth over any part of Canada or the territorial waters of Canada without the permission of the Minister. (2) Subsection (1) does not apply to a person who surveys an area owned or leased by him in an aircraft owned by him and registered as a Canadian commercial aircraft pursuant to these Regulations. (3) The permission of the Minister referred to in subsection (1) may be given subject to such terms and conditions as the Minister may prescribe. DIVISION II CERTIFICATES1 LICENCES, MANUALS, LOGS AND RECORDS 821. No person shall fly any aircraft unless there is carried on board the aircraft the certificate of registration, certificate of airworthiness and journey log book relating to the aircraft, the authority and licence for the equipment and working of the radio equipment, if any, and the licences or permits of all members of the flight crew of the aircraft. 822. (1) Every owner of a commercial aircraft shall keep and maintain, in a form prescribed by the Minister, (a) an aircraft log bo~k and a journey log book for the aircraft; (b) an engine log book for each engine of the aircraft; and (c) a propeller log book for each propeller of the aircraft; and shall enter or cause to be entered therein such particu-. lars as may be specified by the Minister. (2) The owner of a private aircraft shall keep and maintain a journey log book in a from prescribed by the Minister, and in addition, a detailed engineering history of the aircraft including a record of repairs, replacements, overhauls and modifications and shall enter or cause to be entered therein such particulars as may be specified by the Minister. PAGENO="0396" 390 AIR LAWS AND TREATIES OF THE WORLD 823. Entries in log books shall be made accurately and in ink as soon as possible after the events they record; entries to be made in the journey log book may first be made in a note book but shall be permanently entered within twenty-four hours after the events recorded; all entries in log books shall be made by a competent person and signed by such person, and no erasures shall be made in, nor any leaf torn from, any log book required by these regulations to be kept. 824. Every owner of an aircraft shall (a) preserve all log books for the aircraft or its engines or propellers for a period of not less than two years after the date of the last entry therein; and (b) on the first page of every log book taken into use to replace another log book, enter the last two entries from the log book so replaced. 825. In any prosecution for a contravention of these regulations or any direction of the Minister thereunder, an entry in any log book is, as against the person who made the entry and the owner and operator of the air- craft to which the log book relates, prima facie proof of the truth of the statements contained therein. DIVISION III ACCIDENTS AND BOARDS OF INQUIRY 826. (1) Where any aircraft accident occurs, the pilot- in-command and the operator of the aircraft involved shall, as soon as possible thereafter and by the quickest means of communication available, report to the Minister the date and place of the accident and such other particulars thereof as the Minister may direct. (2) Where any aircraft is missing on a flight, the owner and the operator of the aircraft shall, by the quickest PAGENO="0397" AIR LAWS AND TREATIES OF THE WORLD 391 means of communication available, notify the Minister of the fact in accordance with any direction of the Minister in that behalf. (3) Performance by any person under a duty imposed by this section of any duty so imposed to report an air- craft accident or to notify the Minister of any aircraft missing on a flight relieves any other person under the duty so imposed of the obligation to perform such duty. 827. No aircraft involved in any accident causing death or injury to any person shall be removed or otherwise interfered with, without permission from the Minister, but the aircraft or any part thereof may be displaced or removed as may be necessary to extricate any person, to remove any mail, to prevent destruction by fire or other cause, or to avoid danger to any person or property. 828. Where any Canadian aircraft is damaged to such an extent that repairs other than ordinary running repairs or replacements are necessary, the owner or pilot-in-. command thereof shall notify the Minister forthwith, giving full particulars of such damage. 829. The Minister may constitute or authorize the constitution of Boards of Inquiry of one or more members for the purpose of investigating the circumstances of any accident or of any alleged breach of these regulations, and any Board of Inquiry so constituted shall have power to take evidence upon oath or otherwise. 830. Every person required to give evidence before a Board of Inquiry shall attend and give evidence upon being so required by writing under the hand of any member of the Board. 831. Any person who attends and gives evidence before any such Board of Inquiry is entitled to receive witness fees and travelling expenses according to the tariff of fees pa~rabIe to witnesses in the superior court of the province in which such evidence is given. PAGENO="0398" 392 AIR LAWS AND TREATIES OF THE WORLD DIVISION IV TRANSITIONAL AND OTHER PROVISIONS 832. A reference in these regulations to the Minister includes, in relation to any particular power, duty or function of the Minister under these regulations, a refer-. ence to any person authorized by the Minister to exercise or perform such power, duty or function. 833. Any registration effected or, with reference to any document, any act or thing done under the authority of the provisions of The Air Regulations established by Order in Council P.C. 2575 of May 24, 1951, or of any Part, section, paragraph or other portion thereof, shall, for the purposes of these regulations, be deemed to have been effected or done, as the case may be, under the provisions of these regulations or of any Part, Division, section, subsection or other portion thereof corresponding to the provisions so referred to. PAGENO="0399" AIR LAWS AND TREATIES OF THE WORLD 393 CHAPTER 2 An Act to authorize the control of Aeronautics. SHORT TITLE 1. This Act may be cited as the Aeronautics Act. Short title R.S., c. 3, s. 1. PART I 1944-45, c. 28, s. 1 INTERPRETATION 2. In this Part, "Minister" means the Minister "Minister" of Transport or such other Minister as the Gover- defined. nor in Council may from time to time designate, except that in any matter relating to defence, "Minister" means the Minister of National Defence. 1950, c. 23, S. 1. 3. It is the duty of the Minister Duties of Minister. (a) to supervise all matters connected with aeronautics; (b) to undertake, and to co-operate with persons undertaking, such projects, techni- cal research, study or investigation as in his opinion will promote the development of aeronautics in Canada; (c) to construct and maintain all Government aerodromes and air stations, including all plant machinery and buildings necessary f or their efficient equipment and upkeep; (d) to control and manage all aircraft and equipment necessary for the conduct of any of Her Majesty's services; (e) to operate such services as the Governor in Council may approve; (f) to prescribe aerial routes; (g) to co-operate with other officers of Her Majesty, and to assist in the carrying out of any services under their jurisdiction PAGENO="0400" 394 AIR LAWS AND TREATIES OF THE WORLD that may require aerial work of any nature, and to collaborate with the officers employed in existing air services of Her Majesty in such extension of their present work as the development of aeronautics may require; (h) to take such action as may be necessary to secure, by international regulation or otherwise, the rights of Her Majesty in respect of Her Government of Canada, in international air traffic; (i) to co-operate with the officers of his Department on all questions relating to the air defence of Canada; (j) to co-operate with the Air staffs or authori- ties of other governments or countries for any purposes pertaining to air services; (k) to investigate, examine and report on the operation and development of commercial air services within or partly within Canada or the limits of the territorial waters of Canada; (1) to consider, draft and prepare for approval by the Governor in Council such regula- tions as may be considered necessary for the control or operation of aeronautics in Canada or within the limits of the terri- torial waters of Canada and for the con- trol or operation of aircraft registered in Canada wherever such aircraft may be; and (m) to perform such other duties as the Governor in Council may from time to time impose. R.S., c. 3, s. 3; 1950, c. 23, s. 2. Powers of 4. (1) Subject to the approval of the Governor Minister . . . to make in Council, t ie Minister may make regulations to regulations control and regulate air navigation over Canada ~Titl~oval and the territorial waters of Canada and the* condi- o~overnor tions under which aircraft registered in Canada in Council. may be Operated over the high seas or any territory not within Canada, and, without restricting the PAGENO="0401" AIR LAWS AND TREATIES OF THE WORLD 395 generality of the foregoing, may make regulations with respect to (a) licensing pilots and other persons engaged in the navigation of aircraft, and the suspension and revocation of such licences; (b) the registration, identification, inspection, certification and licensing of all aircraft; (c) the licensing, inspection and regulation of all aerodromes and air-stations; (d) the conditions under which aircraft may be used or operated; (e) the conditions under which goods, mails and passengers may be transported in aircraft and under which any act may be performed in or from aircraft or under which aircraft may be employed; (f) the prohibition of navigation of aircraft over such areas as may be prescribed, either at all times or at such times or on such occasions only as may be specified in the regulation, and either absolutely or subject to such exceptions or conditions as may be so specified; (g) the areas within which aircraft coming from any places outside of Canada are to land, and the conditions to be complied with by any such aircraft; (h) aerial routes, their use and control; (i) the institution and enforcement of such laws, rules and regulations as may be deemed necessary for the safe and proper navigation of aircraft in Canada or within the limits of the territorial waters of Canada and of aircraft registered in Canada wherever such aircraft may be. (2) Any regulation made under subsection Minister (1) may authorize the Minister to make orders may carry or directions with respect to such matters coming ~ within this section as the regulations may prescribe, ministerial (3) Every, person who violates the provisions ~ of a regulation is guilty of an offence and is liable Offence on summary conviction to a fine not exceeding and penalty. five thousand dollars, or to imprisonment for a term not exceeding one year or to both fine and imprisonment. 67717 O-61--26 PAGENO="0402" 396 AIR LAWS AND TREATIES OF THE WORLD Idem. (4) Every person who violates an order or direction of the Minister made under a regulation is guilty of an offence and is liable on summary conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceed- ing six months or to both fine and imprisonment. R.S., c. 3, s. 4; 1950, c. 23, s. 3. Governor 5. (1) The Governor in Council may make in Council regulations prescribing the compensation to be prescribe paid, the persons to whom, and the manner in compen- which, such compensation shall be payable, for sation the death or injury resulting directly from a flight pay le for undertaken in the course of duty in the public injury~ service of Canada of any person employed in the directly public service of Canada, or employed under. the resulting direction of any department of the public service from a flight of Canada. undertaken (2) Such regulations shall not extend to the n~ ~ourse payment of compensation for any death or injury in respect of which provision for the payment of compensation or a gratuity or pension is made by any other Act, unless the claimant elects to accept the said compensation, instead of the compensation, gratuity or pension under any such other Act. R.S., c. 3, s. 7. PART II INTERPRETATION DefinItions. 6. (1) In this Part, "Aircraft." (a) "aircraft" means any machine used or designed for navigation of the air; "Air (b) "air carrier" means any person who oper- carrier. ates a commercial air service; "Board." (c) "Board" means the Air Transport Board; "Commercial (d) "commercial air service" means any use air service, of aircraft in or over Canada for hire or reward; (e) "hire or reward" means any payment, e consideration, gratuity or benefit, directly or indirectly charged, demanded, received or collected for the use of an aircraft by a person who, as owner, lessee, hirer, pilot PAGENO="0403" AIR LAWS AND TREATIES OF THE WORLD 397 or otherwise, has possession of or control * over the aircraft or has directed the move- ment of the aircraft; (f) "Minister" means the Minister of Trans- "Minister." port or the Minister designated by the Governor in Council under section 2. (2) This Part does not apply to aircraft that are Application. used by Her Majesty's Forces or by any armed forces co-operating with Her Majesty's Forces and bear the insignia or markings of Her Majesty's Forces or any such forces. 1944-45, c. 28, S. 6; 1945, c. 9, s. 1; 1950, c. 23, s. 4. 7. (1) There shall be a board to be known as Air the Air Transport Board consisting of three mem- Transport bers appointed by the Governor in Council. (2) The members shall hold office during Term of good behaviour for a period of ten years, but office. may be removed at any time for cause by the Governor in Council and the members first ap- pointed shall be appointed for periods of ten, seven and four years respectively. (3) Any retiring member is eligible for re- Re-appoint- appointment. ment. (4) Each member shall be paid such sum for Payment his services as the Gov~nor in Council may from of services. time to time determine. (5) The Governor in Council shall designate Chairman. one of the members to be chairman of the Board. (6) If any member of the Board by reason Substitutes of absence or other incapacity is unable at any time to perform the duties of his office, the Governor in Council may appoint a temporary substitute member upon such terms and condi- tions as the Governor in Council may prescribe. (7) No member of the Board shall either Independ- directly or indirectly engage in manufacturing or enceof selling aircraft or in the transport of goods or of the passengers by aircraft for hire or reward and no Board. member of the Board shall be a shareholder, mem- ber, director or partner of any company, associa- tion or firm engaged in manufacturing or selling aircraft or in the transport of goods or passengers by aircraft for hire or reward. PAGENO="0404" 398 AIR LAWS AND TREATIES OF THE WORLD Quorum. (8) Two members of the Board constitute a quorum. Vacancies. (9) No vacancy on the Board impairs the authority of the remaining members to act. 1944- 45, c. 28, s. 6; 1945, c. 9, s. 2. Jurlsdiction. 8. (1) The Board has full jurisdiction to inquire into, hear and determine any matter Inquiries. (a) where it appears to the Board that any person has failed to do any act, matter or thing required to be done by this Act or by any regulation, licence, permit, order or direction made thereunder by the Board, or that any person has done or is doing any act, matter or thing contrary to or in violation of this Part, or any such regula- tion, licence, permit, order or direction, or (b) where it appears to the Board that the circumstances may require the Board, in the public interest, to make any order or give any direction, leave, sanction or approval that by law it is authorized to make or give, or with respect to any matter, act, or thing that by this Part or any such regulation, licence, permit, order or direction is prohibited, sanctioned or required to be done. Mandatory (2) The Board may order and require any orders. person to do, forthwith, or within or at any specified time and in any manner prescribed by the Board so far as it is not inconsistent with this Act, any act, matter or thing that such person is or may be required to do under this Part, or any regulation, licence, permit, order or direc- tion made thereunder by the Board and may forbid the doing or continuing of any act, matter or thing that is contrary to this Part or any such regulation, licence, permit, order or direction and, for the purposes of this section, has full jurisdiction to hear and determine all matters, whether of law or fact. Powers of (3) The Board shall, as regards the attendance, a court. swearing and examination of witnesses, the produc- tion and inspection of documents, the enforcement of its orders, the entry of and inspection of pro- PAGENO="0405" AIR LAWS AND TREATIES OF THE WORLD 399 perty and other matters necessary or proper for the due exercise of its jurisdiction, have all such powers, rights and privileges as are vested in a superior court of record. (4) Any decision or order made by the Board may, for the purpose of enforcement thereof, be orders. made a rule order or decree of the Exchequer Court or of any superior court of any province of Canada and shall be enforced in like manner as. any rule, order or decree of such court. (5) To make a decision or order of the Board Practice and a rule, order or decree of any such court, the procedure. practice and procedure authorized by section 50 of the Railway Act may be followed with such variations as circumstances may require. 1945, c. 9, s. 3; 1950, c. 23, S. 5. 9. (1) The Board may order that any person Witnesses resident or present in Canada may be examined and upon oath before, or make production of books, evidence. papers, documents or articles to the Board, or any member of the Board, or before or to any officer of the Board, or before or to any other person named for the purpose by the order of the Board, and may make such orders as seem proper for securing the attendance of such witness and his examination, and the production by him of books, papers, documents, or articles, and the use of the evidence so obtained, and otherwise exercise, for the enforcement of such orders or punishment for disobedience thereof, all powers that are exercised by any superior court in Canada for the enforce- ment of subpoenas to witnesses or punishment of disobedience thereof. (2) No person is compellable, against his will, to attend for such examination or production at any place outside the province in which he is served with the order of the Board for the purpose, and every person attending pursuant to subpoena is, in the discretion of the Minister or the Board, entitled to receive fees and allowances as if summoned to appear before the Exchequer Court. (3) The Board may issue commissions to take Commissions evidence in a foreign country, and make all proper tTtdakO in orders for the purpose, and for the return and use ~oreign of the evidence so obtained. 1945, c. 9, s. 3. countries. PAGENO="0406" 400 AIR LAWS AND TREATIES OF THE WORLD Rules of 10. The Board may make rules for the regula- the Board. tion of its proceedings and the performance of its functions and duties under this Act. 1944-45, c. 28, s. 6. Investiga- 11. Subject to the directions of the Minister, the Board shall from time to time make investiga- tions and surveys relating to the operation and development of commercial air services in Canada and relating to such other matters in connection with civil aviation as the Minister may direct. 1944-45, c. 28, s. 6. Recommen- 12. The Board shall from time to time make dations. recommendations to the Minister with reference to any investigation or survey made by it and shall advise the Minister in the exercise of his duties and powers under this Act in all matters relating to civil aviation. 1944-45, c. 28, s. 6. Regulations. 13. Subject to the approval of the Governor in Council, the Board may make regulations: (a) requiring air carriers to file with the Board returns with respect to their capital, traffic, equipment, working expenditure and any other matters relating to the operation of commercial air services; (b) requiring any person to furnish informa- tion respecting ownership, transfer, con- solidation, merger or lease or any proposed transfer, consolidation, merger or lease of commercial air services; (c) requiring copies of agreements respecting any such consolidation, merger, lease or transfer, copies of mail contracts and pro- posed mail contracts and copies of agree- ments affecting commercial air services to be filed with the Board; (d) establishing classifications or groups of air carriers or commercial air services; (e) prohibiting the transfer, consolidation, merger or lease of commercial air services except subject to such conditions as may by such regulations be prescribed; (f) excluding from the operation of the whole or any part of this Part or any regulation. PAGENO="0407" AIR LAWS AND TREATIES OF THE WORLD 401 order or direction made or issued pursuant thereto, any air carrier or commercial air service or class or group of air carriers or commercial air services; (g) prescribing fees for licences to operate commercial air services and requiring applicants for such licences to furnish information respecting their financial posi- tion, their relation to other air carriers, the nature of the proposed* routes, the proposed tariffs of tolls and such other matters as the Board may consider advisable; (h) prescribing forms for the purposes of this Part; (i) respecting traffic, tolls and tariffs, and providing for the disallowance or suspen- sion of any tariff or toll by the Board, the substitution of a tariff or toll satisfactory to the Board or the prescription by the Board of other tariffs or tolls in lieu of the tariffs or tolls so disallowed; (j) respecting the manner and extent to which any regulations with respect to traffic, tolls or tariffs shall apply to any air carrier licensed by the Board or to any person operating an international air service pur- suant to any international agreement or convention relating to civil aviation to which Canada is a party; (k) prescribing the term of the licence and providing for renewal thereof; (1) prescribing maximum hours and other working conditions for pilots and co-pilots employed by any air carrier; (m) prescribing forms of accounts and records to be kept by air carriers, and providing for access by the Board to such records; (n) prescribing penalties, enforceable on sum- Penalties. mary conviction, for (1) contravention of or failure to comply with this Part or any such regulations or any direction or order made by the Board pursuant to this Act or such regulations PAGENO="0408" 402 AIR LAWS AND TREATIES OF THE WORLD (ii) making any false statement, or fur-. fishing false information to or for the use or information of the Board, or (iii) making any false statement or fur- nishing false information when re- quired to make a statement or furnish information pursuant to any regula- tion, direction or order of the Board. but such penalties shall not exceed a fine of five thousand dollars or imprisonment for six months, or both such fine and such imprisonment; and (o) providing for the effective carrying out of the provisions of this Part. 1944-45, c. 28, s. 6; 1945, c. 9, s. 5; 1950, c. 23, s. 6. Free and re-. 14. Notwithstanding any previous contract or duced rate commitment or any other general or special Act IOU or provision, no air carrier shall issue free or reduced rate transportation except with the ap- proval in writing of the Board and under such terms, conditions and forms as the Board may direct. 1945, c. 9, s. 6. Licences. 15. (1) Subject to the approval of the Minister, the Board may issue to any person applying there- for a licence to operate a commercial air service. Not to be (2) No such licence shall be issued in respect of issued a commercial air service, owned, leased, controlled to persons or operated by any person who is engaged in the other than transport of goods or passengers for hire or reward aircraft by means other than aircraft unless the Governor transport. in Council is of opinion that it is in the public interest that such licence be issued. Only In (3) The Board shall not issue any such licence case ~f unless it is satisfied that the proposed commercial ~:~ence air service is and will be required by the present and and future public convenience and necessity. necessity. (4) The Board may exempt from the operation Exception, of the whole or any part of subsection (3), any air carrier or commercial air service or any class or group thereof, except a scheduled commercial air service operating wholly within Canada or the operator thereof either generally or for a limited period or in respect of a limited area, ,if in the PAGENO="0409" AIR LAWS AND TREATIES OF THE WORLD 403 opinion of the Board such exemption is in the public interest. (5) Notwithstanding the issue of a licence Operating under subsection (1), no air carrier shall operate a commercial air service unless he holds a valid and subsisting certificate issued to him by the Minister certifying that the holder is adequately equipped and able to conduct a safe operation as an air carrier over the prescribed route or in the prescribed area. (6) In issuing any licence, the Board may prescribe the routes that may be followed or the areas to be served and may attach to the licence such conditions as the Board may consider necessary or desirable in the public interest, and, without limiting the generality of the foregoing, the Board may impose conditions respecting schedules, places of call, carriage of passengers and freight, insurance, and, subject to the Post Office Act, the carriage of mail. (7) The Board shall upon application grant to ~~e~ce to Trans-Canada Air Lines a licence to operate a commercial air service under such terms and subject to such conditions as will enable Trans- Canada Air Lines to perform any agreement made, under section 15 or 24 of the Trans-Canada Air Lines Act, between the Minister of Transport and Trans-Canada Air Lines or between the Minister of Transport and any corporation created under section 19 of that Act. (8) The Board may issue a licence that differs Suspension, from the licence applied for and may suspend, ~°`~ cancel or amend any licence or any part thereof ment. where, in the opinion of the Board, public con- venience and necessity so requires. (9) Where the Board suspends, cancels or Appeals amends a licence or any part thereof, refuses to ~i~Iter issue a licence applied for, or attaches conditions to which the applicant objects, an appeal may be made to the Minister. (10) Where in the opinion of the Board, an Cancellation air carrier has violated any of the conditions or suspen~ attached to his licence the Board may cancel or suspend the licence. PAGENO="0410" 404 AIR LAWS AND TREATIES OF THE WORLD Appeal. (11) Any air carrier whose licence has been so cancelled or suspended may appeal to the Minister. Rules ~ (12) The Board may make rules limiting the to appeals. time and prescribing the manner in which appeals to the Minister may be made. 1944-45, c. 28, s. 6; 1945, c. 9, s. 9; 1950, c. 23, 5. 7. No operation 16. (1) No person shall operate a commercial ~vithout air service unless he holds a valid and subsisting icence. licence issued under section 15. Offence (2) Every person who violates subsection (1) and penalty. is guilty of an offence and is liable upon summary conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceed- ing one year or to both fine and imprisonment. Penalty to (3) Where a person guilty of an offence under directors subsection (2) is a corporation, every person who at the time of the commission of the offence was a director or officer of the corporation is guilty of the like offence unless he proves that the act or omission constituting the offence took place without his knowledge or consent, or that he exercised all due diligence to prevent the com- mission of such offence. 1950, c. 23, 5. 9. G. In C. 17. The Governor in Council may authorize the may grant Minister to enter into a contract with any air assistance. carrier for the grant of such assistance, financial or otherwise, as may be specified by the Governor in Council payable out of moneys to be appropriated by Parliament for that purpose. 1944-45, c. 28, s. 6. Powers 18. The powers conferred by this Part on the subject Board shall be exercised subject to any international agreement or convention relating to civil aviation agreement, to which Canada is a party. 1945, c. 9, s. 11. Appeal from 19. (1) An appeal lies from the Board to the ~ Supreme Court of Canada upon a question of juris~. Court of diction or a question of law, or both, upon leave Canada. therefor being obtained from a judge of the Supreme Court upon application made within one month after the making of the order, decision, rule or regulation sought to be appealed from or within such further time as the judge under special dr- PAGENO="0411" AIR LAWS AND TREATIES OF THE WORLD 405 cumstances may allow, and upon notice to the parties and the Board, and the costs of such appli- cation are in the discretion of the judge. (2) On the hearing of any appeal, the Court Court to may draw all such inferences as are not incon- ~ to sistent with the facts expressly found by the Board and Board, and are necessary for determining the ques- Board to tion of jurisdiction, or law, as the case may be, order accord~ and shall certify its opinion to the Board, and the Ingly. Board shall make an order in accordance with such opinion. (3) The Court may fix the costs to be paid upon Costs. such appeals, and the rules and practice applicable Rules and to appeals from the Exchequer Court are applicable practice. to appeals under this section. 1944-45, c. 28, 5. 6. PART III 20. Such officers, clerks and employees as may Employment be necessary for the proper administration of this ofoe]~S~ Act may be employed in the manner authorized employees. by law. 1944-45, c. 28, s. 6. 21. A civil servant who prior to or at the time Civil of his appointment under this Act as a member of Service the Air Transport Board was or is a contributor a~~ion under the provisions of the Civil Service Super- rights annuation Act is eligible, notwithstanding the Civil preserved. Service Superannuation Act, to continue to be a contributor under the said Act; his service under this Act shall be counted as service in the Civil Service for the purpose of the Civil Service Super- annuation Act and he, his widow and children, or other dependants, if any, are eligible to receive the respective allowances or gratuities provided by the said Act; and in the event of his being retired from his office or position under this Act for any reason other than that of misconduct, he is eligible to receive the same benefits under the Civil Service Superannuation Act as if his office or position had been abolished. 1944-45, c. 28, s. 6. 22. All salaries mentioned herein and all Salaries expenses incurred under the provisions of this Act ~~enses shall be paid out of such money as may be appro- priated by Parliament therefor. 1944-45, c. 28, s. 6. PAGENO="0412" 406 AIR LAWS AND TREATIES OF THE WORLD Prosecution 23. A prosecution for any offence under this Act or the regulations may be commenced at any months. time within twelve months from the time the. offence is committed. 1950, c. 23, s. 10. Proof of 24. In any action or proceedings under this documents. Act or the regulations (a) any document .purporting to be certified by the Secretary or Assistant Secretary of the Air Transport Board and sealed with the seal of the Board or any document pur- porting to be certified by the Secretary of the Department of Transport to be a true copy of any minute, decision, licence, permit, certificate, order, instruction, book of reference, book entry, or other docu- ment or any part thereof, is without proof of the signature of the Secretary or Assistant Secretary of the Board or of the Secretary of the Department of Trans- port, as the case may be, prima facie evidence of the original document of which it purports to be a copy, made, given, or issued by or by the authority of or deposited with the Minister or the Board,. as the case may be, and that the same was made, given, issued or deposited at the time stated in the certificate, if a time is stated therein, and is signed, certified, attested or executed by the persons by whom and in the manner in which the same purports to be signed, certified, attested or executed as shown or appear- ing from such certified copy, and (b) a certificate purporting to be signed by the Secretary or Assistant Secretary of the Air Transport Board and sealed with the seal of the Board or a certificate pur- porting to be signed by the Secretary of the Department of Transport, stating that a valid and subsisting licence, permit, certificate or other document of authoriza- tion under this Act or any regulation made thereunder, has or has not been issued by the Minister or the Board, as the case may be, to a person or persons named in the PAGENO="0413" AIR LAWS AND TREATIES OF THE WORLD 407 said certificate, is prima facie evidence of the facts therein stated, without proof of the signature or of the official charac- ter of the person appearing to have signed the same and without further proof thereof. 1950, c. 23, s. 10. CHAPTER 302. An Act to amend the Aeronautics Act. 1. (1) Subsection (1) of section 4 of the Powers of Aeronautics Act, chapter 2 of the Revised Statutes Minister to of Canada, 1952, is~ amended by adding thereto ~~ations the following paragraph: with "(j) the height, use and location of buildings, ~r0~ structures and objects, including objects Co~ci1. of natural growth, situated on lands ad- jacent to or in the vicinity of airports, for purposes relating to navigation of air- craft and use and operation of airports, and including, for such purposes, regula- tions restricting, regulating or prohibiting the doing of anything or the suffering of anything to be done on any such lands, or th construction or use of any such building, structure or object." (2) Section 4 of the said Act is further amended by adding thereto the following subsections: "(5) In addition to any other mode of publica- Publication tion prescribed by law, a copy of every regulation ~ made under the authority of paragraph (j) of sub- section (1), (in this section called a "zoning regula- tion"), shall be published in two successive issues of at least two newspapers serving the area wherein the airport in relation to which the regulation was made is situated. (6) A plan and description of the lands affected Deposit of by a zoning regulation shall be signed and deposited plan and in the same manner as a plan and description is by ~~`°`~ subsection (1) of section 9 of the Expropriation Act af!ected. required to be signed and deposited, and a copy of the regulation shall be deposited with the plan and description. PAGENO="0414" 408 AIR LAWS AND TREATIES OF THE WORLD Amendments. (7) Where a regulation deposited as required by subsection (6) is amended, a copy of the amend- ment shall be deposited in the same office where the regulation amended thereby was deposited, but a further plan and description need not be deposited unless additional lands are affected by the amend- ment. Compen- (8) Every person whose property is injuriously sation. affected by the operation of a zoning regulation is entitled to recover from Her Majesty, as compensa- tion, the amount, if any, by which the property was decreased in value by the enactment of the regula- tion, minus an amount equal to any increase in the value of the property that occurred after the claimant became the owner thereof and is attribut- able to the airport. TIme~UmIt. (9) No proceedings to recover any compensa- tion to which a person may be entitled under sub- section (8) by reason of the operation of a zoning regulation shall be brought except within two years after a copy of the regulation was deposited pur- suant to subsection (6) or (7) ." PAGENO="0415" FRANCE PRELIMINARY The Decree No. 55-1590 of November 30, 1955 provided for Codifi- cation of the French aviation laws on the basis of Law No. 53-515 of May 28, 1948 (Journal Officiel, May 29, 1953, p. 4842), which envisaged future codification of the aviation laws. It was, in form, based on the Decree of May 10, 1948 (Journal Officiel, May 13, 1948), creating a commission for the study of codifying laws and regulations. The noteworthy feature of the French aviation code is that it is the work of the Executive branch of the government without having been passed by the Legislative. Thus, the Code is, as the enabling de- cree preceding it states, a codification of the legal provisions concern- ing civil and commercial aviation and not a new law as to substance... The Code replaces all air laws abrogated in accordance with its Article 198 the first of which was the law of May 31, 1924. The Code has been amended in several respects. The texts of these amendments are set forth below. CODE OF CIVIL AND COMMERCIAL AVIATION OF NOVEMBER 30, 1955 ENABLING DECREE (Ministry of public works, transportation and tourism. Decree No. 55-1590 of November 30, 1955 concerning codification of the laws concerning the civil and commercial aviation.') The minister president, On the report of the keeper of the seals, minister of justice, the minister of public works, transportation and tourism, the minister of overseas France, the minister of the interior, the minister of finance and economic affairs, and the Secretary of State to the minister president, Considering Law No. 53-515 of May 28, 1953 concerning the pro- cedure of codifying the Laws concerning the civil and commerchi~l aviation; Considering the opinion of the superior commission charged with the study of a codification of the laws and regulations; Considering the legal provisions in effect concerning civil and com- mercial aviation; The Council of State (section of public works) having been heard, Decrees: Article 1. The legal provisions concerning civil and commercial aviation contained in the legal texts enumerated in the final pro- visions of the code 2 shall be codified under the title: Code of Civil 1 PublIshed in Journal officlel de la Republique Francalse, Dec. 6, 1955, p. 11815. `The comparative table of laws, decrees and ordinances codified In the following which appears on pp. 11535~-11838 of the Journal Officiel of Dec. 6, 1955, Is omitted. 409 PAGENO="0416" 410 AIR LAWS AND TREATIES OF THE WORLD and Commercial Aviation, in accordance with the legal text attached to this decree. Article 2. The keeper of the seals, the minister of justice, the min- ister of public works, transportation and tourism, the minister of overseas France, the minister of the interior, and the minister of finance and economic affairs, shall be charged, so far as it concerns each of them, with the execution of this decree which shall be pub- lished in the Journal Officiel of the French Republic. TABLE OF CONTENTS BOOK I-AIRCRAFT Title I-Registration, Nationality and Ownership of Aircraft (Articles 1 to 16). Title lI-Navigation of Aircraft: Chapter I-Right of Navigation (Articles 17 to 22). Chapter Il-Landing (Articles 23 to 25). Chapter Ill-Regulation of Navigation of Aircraft (Articles 26 to 33). Title Ill-Damages and Liability (Articles 34 to 43). Title IV-Criminal Provisions (Articles 44 to 58). BOOK Il-AIRPORTS Title I-Liens in the Interest of Air Flight (Articles 59 to 71). Abrogated by Decree No. 59-92 of January 3, 1959. Title Il-Airports Open to Public Air Navigation: Chapter I. Establishment (Articles 72 to 82). Chapter II. Classification (Articles 83 to 85). Chapter III. Operation (Articles 86 to 90). Chapter IV. Fees (Articles 91 to 95). Title Ill-The Airport of Paris (Articles 96~to 106). Title IV-The Airport of Basle-Muihouse (Articles 107 to 108). Title V-Airports of General Interest Located Outside the Territory of Metro- politan France (Article 109). Title VI-Criminal Provisions (Articles 110 to 112). BOOK 111-AIR TRANSPORTATION Title I-Transportation Contracts: Chapter I. Transportation of Goods (Articles 113 to 120). Chapter II. Transportation of Persons (Articles 121 to 124). Chapter III. Charter (Articles 125 and 126). Title Il-Air Carriers (Articles 127 to 136). Title Ill-The Compagnie Nationale Air prance: Chapter I. Incorporation (Articles 137 and 138). Chapter II. Operation (Articles 139 to 145). BOOK IT-FLIGHT PERSONNEL Title I-Professional Flight Personnel: Chapter I. Categories (Articles 146 to 155). Chapter II. Aircraft Commander and Crew (Articles 156 to 161). Chapter III. Work Contracts (Articles 162 to 168). Chapter IV. Temporary and Permanent Disability (Articles 169 to 176). Chapter V. Discipline (Articles 177 to 185). Chapter VI. Pensions (Articles 186 to 191). Chapter VII. Criminal Provisions (Articles 192 and 193). BOOK V-SPECIAL PROVISIONS FOR LIGHT AND' SPORTS AIRCRAFT Articles 195 to 197. Final Provisions (Article 198). PAGENO="0417" AIR LAWS AND TREATIES OF THE WORLD 411 CODE OF CIVIL AND COMMERCIAL AVIATION BOOK I-AIRCRAFT Article 1 Aircraft in the meaning of this law shall be any con- trivance capable of rising and circulating in the air Article 2 Military aircraft and aircraft belonging to the State and used only in the public service shall be subject only to the rules con- cerning liability of the owner or the operator Title I-Registration, Nationality, and Ownership of Aircraft Article 3. All aircraft must be registered in a register kept by the ministry in charge of civil and commercial aviation. It shall bear a name and an order number and the designation of the category to which it belongs. However, an order shall determine the categories of aircraft which need not be registered. Article 4. Aircraft registered in the French register shall have French nationality and must bear a visible sign of this nationality as provided by the regulations. Article 5. Aircraft may be registered in France only if it belongs to French nationals. A corporation may be registered as owner of an aircraft only if it has French nationality. Furthermore, in the case of an unincorpo- rated association, all the associates or members, and in the case of a corporation, the chairman of the board, the president and at least two-thirds of the managing officers must be French nationals. Article 6. Aircraft registered in France shall lose French nation- ality if the conditions set forth in the preceding article are no longer fulfilled or if its owner registers it in a foreign country. Article 7. Aircraft registered abroad may be registered in France only upon proof that the foreign registration has been cancelled. Article 8. Legal relations among persons aboard foreign aircraft in flight shall be governed by the law of the home State of such air- craft whenever the law of the country overflown would normally govern. However, in the case of a crime or delict committed aboard a foreign aircraft, the French courts shall have jurisdiction if the person com- mitting the crime or the victim is a French national or if the aircraft lands in France after the crime or delict. The courts of jurisdiction shall be those of the place where the air- craft lands in the case an arrest is made at the time of landing, and those of the place of arrest in the case where the person committing the violation is later arrested in France. Article 9. The register shall indicate the name and domicile of the owner of the aircraft, the category of the contrivance, its name and order number. The registration shall serve as title. Article 10. Aircraft shall be considered personal property as con- cerns application of the Civil Code. However, any assignment of ownership must be by written instrument and shall be without effect in regard to..third persons unless registration has been made. 67717-~1-27 PAGENO="0418" 412 AIR LAWS AND TREATIES OF THE WORLD Any change in üwnersliip by death and any judgment changing, establishing or dec1a~atory of ownership must be registered at the request of the new owner. Article 11 The register shall be public and anyone may obtain `t certified copy thereof. Article 12 Aircraft may be mortaged Any mortgage shall be reg istered in the register. The Law of July 5, 1917, as amended by the Law of July 19, 1934, concerning mortgages on water carriers shall apply to mortgages on aircraft, and the official in charge of the regis- ter shall be substituted for the marshal of the court of commerce in regard to application of this Law. Article 13. Seizure and judicial sales of an aircraft shall be made as provided by the Law of July 5, 1917, as amended by the Law of July 19, 1934, concerning the registration of river boats and mort- gages on water carriers, but the transcript of the seizure proceedings shall be made in the registry. Articel 14. In the case of a seizure for infringement of a patent, design or model, the owner of a foreign aircraft or his representative may have the seizure lifted upon deposit of a bond the amount of which, failing an amicable agreement, shall be fixed without delay by the justice of the peace at the place of seizure. Article 15. When the owner of the aircraft is not domiciled in France or the aircraft has a foreign nationality, any creditor shall have the right of impounding with the permission of the justice of the peace of the county where the aircraft has landed. The judge in charge shall lift the seizure if the owner offers to deposit a bond equal to the amount of the debt claimed and he may order lifting of the seizure by fixing the amount of the bond to be furnished in the case of a dispute about the amount of the debt. Such bond shall be deposited at the office of deposits and consign- ments (caisse des dépôts et consignations). In the case of damage caused on the surface by the landing of a foreign aircraft or by one whose owner is domiciled abroad, and also in the case of a violation of this Law by a foreigner, all agents charged under Article 55 with the execution of Articles 1 to 58 and 114 to 126 of the present code, and in particular the mayor of the community where the landing takes place, may appeal to the public authorities in order to detain the aircraft for 48 `hours so that the justice of the peace may go to the place in question' and may decide on the amount of damages, which amount should include not only the damage caused but in the case of a violation, also the fines and costs. Article 16. The public authorities shall have the right to impound any French or foreign aircraft which does not comply with conditions provided `for in this book before engaging in air circulation or the pilot of which has committed any violation. Title Il-Navigation of Aircraft Chapter I-The Right of Circulation Article 17. Aircraft may freely engage in air navigation over the French Territory. However, aircraft of foreign nationa1ity may not so circulate over the French Territory, unless this right has been. PAGENO="0419" AIR LAWS AND TREATIES OF THE WORLD 413 granted to them by an international convention or they have received authorization to this effect which must be special and temporary. Article 18. The right of an aircraft to fly over private property shall not be exercised in a manner incompatible with the right of the proprietor. Article 19. The flight over certain areas of the French Territory may be prohibited by order for reasons of a military kind or of public safety. The location and the extent of such prohibited areas shall be especially indicated in the order. Any aircraft engaging in flight over such prohibited areas shall, upon observing it, give the prescribed signal and shall land on the nearest airport outside the prohibited area. When a territory has been declared in a state of siege and the flight over such territory is prohibited, any aircraft violating such prohibi- tion shall be seized on landing at any designated point of the na- tional territory and its occupants taken before the military courts on a charge of espionage, unless the aircraft commander can give valid reasons for his flight over said territory. When the aircraft is observed in flight, it shall, at the first sum- mons by means of blank shots, land at the nearest airport.. Upon the summons to land, the aircraft. shall immediately slow down and descend to a low altitude, or it will be forced to do so. Article 20. Aircraft shall fly over a town or inhabited place only at such altitude that even in case of loss of propulsive power landing outside the inhabited place or on a public airport is possible. Article 21. Any so-called acrobatic flight which involves stunts that are perilous and useless for the movement of the aircraft is pro- hibited over any inhabited place or that part of an airport which is open to the public. Article 22. Stunts by any aircraft which represents a public show may take place only with the authorization of the Prefect after con- sultation with the mayor. If* the event consists of a flight which involves several successive landings, such authorization shall be given by the Minister of the Interior. Chapter 11-Landing Article 23. [Abrogated by Decree No. 59-92 of January 3, 1959~ see infra.] Article 24. In the case of a landing on private property, the owner of such property may not prevent the departure or the removal of an~ aircraft which has not been ordered impounded, except in the case~ provided for in paragraph 3 of Article 15. Article 25: As provided in Article 78 of the Customs Code: 1) Aircraft on an international flight must, in crossing the border, follow the prescribed air route. 2) They may land only on customs airports. However, cer- tain categories of aircraft may, because of the nature of their operation, be exempted by administrative authorization from landing on customs airports; in such case, the authorization shall prescribe the airport of arrival and departure, the air route to be followed and the signals to be given on passing the border. PAGENO="0420" 414 AIR LAWS AND TREATIES OF THE WORLD Chapter 111-Regulation of Navigation of Aircraft Article 26. The commander, the pilots and mechanics, and all per.- sons members of the crew of an aircraft shall be in possession of a certificate of qualification in accordance with the conditions deter- mined by a ministerial order. Certificates of commander or pilot for French aircraft used for international flights may be granted only to French nationals. Article 27. An aircraft may be used in air circulation only when it is supplied with a certificate of airworthiness to be given after inspec- tion of the aircraft in accordance with the conditions determined by ministerial order. The order shall further determine the papers which must be carried aboard the aircraft and the sign which must be inscribed on the air- craft. The costs of the control required by the regulations for delivery or continuation of the certificate of airworthiness of aircraft shall be at the expense of the owners of the controlled aircraft under the condi- tions fixed by decree issued upon the report of the minister in charge of civil and commercial aviation, and the minister of finance and eco- nomic affairs. Such decree shall fix, in particular, the amounts of cost to be reim- bursed to the Treasury where the control is exercised by agents of the State. Article 28. Except by special authorization, transportation by air- craft of explosives, weapons and ammunition of war, homing pigeons and mail within the postal monopoly, is prohibited. Transportation and use of photographic equipment may be pro- hibited by ministerial order. Article 29. No equipment for radio telegraph or radio telephone may be installed aboard an aircraft without special authorization. Aircraft used for public service of transportation of passengers must be equipped with radio telegraph under the conditions determined by decree. In all cases, the members of the crew operating the radio telegraph must possess a special license. Article 30. Any aircraft landing on an airport shall be subject to the control and supervision of the administrative authorities in the same manner as those landing on private property. Article 31. Any aircraft in flight, wherever it may be, shall obey the orders of all stations and of aircraft of police and customs authori- ties in whatever form such order may be given. Article 32. Aircraft flying only over airports and in areas desig- nated by the administrative authorities as training fields shall not be subject to the provisions of Articles 26 to 33, provided the flights do not constitute a public show. However, they may not transport pas- sengers unless they have been issued certificates of airworthiness. * Article 33. Certificates of airworthiness or of qualification and licenses issued or validated by the State of which the aircraft is a na- tional, shall be recognized as valid for circulation over the French Territory if reciprocity is granted by international convention or by decree. PAGENO="0421" AIR LAWS AND TREATIES OF THE WORLD 415 Title 111-Damages aind Liability Article 34. While in flight, pilots shall comply with the regulations concerning flight rules, air routes, lights and signals, and shall take all precautions necessary to avoid damage. Article 35. In the case of damage caused by an aircraft in flight to another aircraft in flight, liability of the pilot and of the operator of the aircraft shall be governed by the provisions of the civil code. Article 36. The operator of an aircraft shall be liable as a matter of law for the damages caused by the flight of an aircraft or by objects detached from an aircraft to persons or property on the ground. Such liability may be mitigated or avoided only by proof of the fault of the injured person. Article 37. Except in the case of force majeure, it shall be pro- h~bited to throw from an aircraft in flight any goods or objects with the exception of regular ballast. In the case where jettisoning anything because of force majev~e or of regular ballast causes damage to persons or property on the ground, liability shall be governed by the provisions of the preceding article. Article 38. In the case of charter of an aircraft, the owner and the operator shall be jointly liable for any damage caused to third persons. However, if the charter has been registered in the registry, the owner shall be liable only if the third person establishes fault on his part. Article 39. An action for liability shall be brought at the option of the plaintiff before the court where the damage has occurred or before the court of the domicile of the defendant. If damage is caused to an aircraft in flight, the court of the place of damage shall be considered that of the place where the damaged aircraft has to land after the damage occurs. Article 40. The Law of April 29, 1916 concerning maritime assist- ance and salvage shall be applicable to aircraft endangered over the sea and to pilots of aircraft who can render assistance to the persons in danger. Article 41. Any person finding a wrecked aircraft shall notify the municipal authorities within forty-eight hours from the finding. Any violation of this provision shall be punished as provided by Article 475, paragraph 12 of the Penal Code. However, the rules concerning maritime wrecks shall apply to wrecks of aircraft only if they are found at sea or on the sea shore. Article 42. In the case an aircraft disappears without trace, it shall be considered lost three months after the date when the last contact was received. After expiration of such time, the death of any persons on board such aircraft may be declared by judgment in application of Articles 87 to 89 of the Civil Code. The minister in charge of civil and commercial aviation shall have authority, in such case, to declare a presumption of disappearance and to send to the district attorney (procureur general) of the court of appeals which has jurisdiction the requests necessary legally to declare the death of the persons who disappeared. Interested parties may also obtain a legal declaration of death in accordance with Article 90 of the Civil Code. In such case, the re- PAGENO="0422" 416 AIR LAWS AND TREATIES OF THE WORLD quest shall be forwarded by the public ministry to the minister in charge of civil and commercial aviation. Article 43. The manner of application of the preceding articles shall be fixed by decree. Title lV-Criniinal Provisions Article 44. Any owner shall be subject to a fine of from 120,00 to 2,400,00 francs and to imprisonment of from six days to one month or to either one or the other of these penalties if he has: 1) put or kept in service any aircraft without obtaining a cer- tificate of registration or of airworthiness. 2) put or kept in service any aircraft without the sign of iden- tification provided for in Article 4. 3) knowingly caused or permitted to fly any aircraft whose certificate of airworthiness has ceased to be valid. Any refusal to issue a certificate of airworthiness by the authority charged therewith shall be notified in writing to the interested party and such notification shall establish against him a presumption of fault. Article 45. The same penalties shall apply to a pilot if he has: 1) piloted an aircraft without certificate or license; 2) destroyed a logbook or knowingly entered in such logbook any inaccurate notations; 3) violated Article 23; 4) knowingly piloted an aircraft under the conditions pro- vided for in Article 44. The same penalties shall apply to anyone who violates the pro- visions of Article 19, first subsection. Article 46. The fine provided for in Article 44 may be raised up to 4,800,000 francs and the imprisonment up to two months if the viola- tions set forth under 1 and 3 of said Article and under 1 of Article 45 are committed after refusal or withdrawal of the certificate of registration, or qualification or t.he license. Article 47. Any pilot who does not comply with the provisions of Article 19, subsection two, concerning landing after leaving a pro- hibited area shall be punished by a fine of from 120,000 to 2,400,000 francs and by imprisonment of from two weeks to three months. Article 48. Any person who possesses or operates an aircraft, or a pilot who affixes or causes to be affixed on the aircraft any mark of registration which is not in conformity with the airworthiness cer- tificate, or who omits or causes to be omitted, or renders or causes to be rendered illegible any correctly affixed mark, shall be punished by a fine of from 240,000 to 4,800,000 francs and with imprisonment of from six months to three years. Any person shall be subject to the same penalties who affixes or causes to be affixed on any private air- craft any distinctive~ mark reserved to public aircraft or who uses any private aircraft to which such signs have been affixed. Article 49. Violation of the provisions of Article 28 by any per- son shall be punished by the penalties provided in Article 44. 3The public ministry (ministère public) is the equivalent of the public prosecutor in criminal cases. PAGENO="0423" AIR LAWS AND TREATIES OF THE WORLD 417 Any person shall be punished by the penalties provided in Article 46 who: 1) uses aboard an aircraft any objects or equipment, the trans- portation of which is prohibited; 2) uses without special authorization photographic equipment over prohibited areas. Article 50. Any person who, having been convicted of one of the violations set forth in the preceding articles, commits another violation set forth in these articles, or the same violation within five years from the termination of imprisonment or payment of a fine or the expiration of the statute of limitations, shall be punished with the maximum imprisonment or fine and such penalties may be raised up to twice the amount. Article 51. There shall be punishable by a fine of from 24,000 to 120,000 francs inclusively, and further according to the circumstances by imprisonment of from one to five days: 1) The pilot who does not keep any of the logbooks; 2) The owner who does not preserve any~ of the logbooks for three years after the last entry; 3) Anyone who violates Article 22 or the decree issued for its application; 4) Anyone who violates Articles 20 and 21. In the case the violation is a repetition, the penalty shall be the imprisonment provided for in Article 482 of the Penal Code. It shall be considered a repetition where during the preceding year a first judgment was issued against the violator for any of the above violations. Article 52. A prohibition to fly any aircraft may be pronounced by judgment or injunction against a convicted pilot for a duration of from three months to three years, in accordance with Articles 46, 47, and 48. If a pilot is convicted for the second time for any of these same offenses within the time provided for in Article 50, the prohibition to fly an aircraft shall be pronounced and its duration shall be for the maximum term and may be raised to twice the term. Any certificates issued to such pilots shall remain `for the duration of the prohibition in the custody of the court which has issued the prohibition. Any convicted person shall make the deposit of such certificates either to the clerk of such court or to the clerk of the court where such person ~1s domiciled, within five days following the date when the conviction becomes final,' or he shall be punished by imprisonment of from six days to one month and a fine of from 12,000 to 240,000 francs regardless' of any penalties incurred under Article 45 in the case where he flies an aircraft during the term of prohibition. Such fines may not be combined. Article 53. Any voluntary and unnecessary jettisoning of any object liable to cause damage to persons and to property on the ground shall be prohibited aboard aircraft in flight and shall be punished by a fine of from 120,000 to 720,000 francs and imprisonment of from six days to two months or either one of these penalties, even if such jettison- ing has caused no damage, and this shall not prevent more severe penalties which may be incurred in the case of a delict or crime. PAGENO="0424" 418 AIR LAWS AND TREATIES OF THE WORLD Article 54. In the case of an accident caused by an aircraft to persons on the ground, the Law of July 17, 1908 which concerns and prohibits the delict of fleeing from justice shall be applicable, except in the case where it is established that the arrest of an aircraft would jeopardize the safety of the passengers. Article 55. In addition to the officers of the judicial police, there shall be charged with the determination of violationsof this book and the decrees issued for its application, the agents of the Internal Revenue Service, the technical agents of the Water and Forestry Service and of the Customs, the gendarmes, the engineers of the aeronautics, the technical agents and sub-agents hereof, the engineers and agents of the Service of Bridges and Roads in charge of air- ports, the engineers and controllers of the Service of Mines and Highway Inspectors, the officials of the Technical Service of Civil Aviation, members of the Army and Navy and agents of the Army or Navy commissioned for this purpose. Article 56. The State's attorney, the investigating judge (juge d'instruction), the officers of the auxiliary police of the State's at- torney designated in Articles 48 and 50 of the Code of Criminal Investigations, the officials of the technical services of Civil Aviation, members of the Army or Navy and agents of the Army or Navy com- missioned for that purpose, the gendarmes, engineers of the aero- nautics, technical agents and sub-agents of the aeronautics, agents of the Internal Revenue Service, agents of the Customs, technical agents of the Water and Forestry Service and field guards, shall have the right to seize explosives, weapons and ammunition of war, homing pigeons, photographic equipment, printed matter and mail, as well as radio telegraph and radio telephone equipment which may be found aboard without special authorization provided for in Ar- ticles 28 and 29. These authorities shall also have the right to seize homing pigeons, photographic equipment and printed matter found aboard aircraft authorized to transport such objects whenever such aircraft pass over prohibited areas. They shall also have the right to seize homing pigeons and any messages they might carry. Confiscation of such objects and equipment seized in accordance with the regulations shall be pronounced by the court. Article 57. Any aircraft for which certificates of airworthiness can- not be produced or the registration signs of which do not agree with the certificate of registration or of airworthiness, may be impounded at the expense of the owner by the authorities charged with the ap- plication of this book until the identity of the owner is established. Article 58. A transcript of the proceedings stating the violations provided for in this book and in the decrees issued for its application, shall be forwarded without delay to the State's attorney. BOOK U-AIRPORTS Article 59. [Abrogated by Decree No. 59-92, of January 3, 1959. See infra.] PAGENO="0425" AIR LAWS AND TREATIES OF THE WORLD 419 Title I-Restriction i'n the interest of `navigation [Abrogated by Decree No. 59-92, of January 3, 1959. See infra.] Title Il-Airports open to pnblic airflight Chapter I-Establishnwnt Article 72. [Abrogated by Decree No. 59-92, of January 3, 1959. See infra.] Article 73. The opening of an airport to public air flight shall be pronounced by regulation of the minister in charge of civil and com- mercial aviation after a technical survey. The closure to public airflight shall be made in the same manner. However, where reasons of air safety or public order so require, an airport may be temporarily closed to public air flight. Such decision shall be notified to all persons flying. Article 74. Airports for public air flight may be established by the States, by public groups (collectivit~s publiques) and public estab- lishments, as well as by private natural or legal persons provided they fulfill the conditions established by a public administrative regulation. Article 75. The establishment of an airport for public air flight that does not belong to the State shall be subject to the conclusion of an agreement between the minister in charge of civil and commercial aviation and the public or private natural or legal person who establishes the airport; such agreement must be approved by the min- ister who supervises the public group or establishment concerned. It shall also be subject to the consent of the minister of finances and economic affairs if it involves financial obligations to the State. Such agreement shall establish in particular in regard to the classification of an airport in one of the classes provided for in Chapter II of this title: a) the layout and the types Of equipment to be used which shall concern primarily the understructure; b) the financial arrangements for the execution of the work and the operation; c) the proper measures for maintenance of the airport, its annexes and installations in a condition required by safe aerial navigation and for exercise of proper policing, d) the proper conditions to assure permanency of operation and adaptation of the airport to the needs of aerial traffic. Article 76. Any party signatory to such an agreement may, with the consent of the minister in charge of civil and commercial aviation, entrust a third party who is accepted by the minister with compliance with all or part of the obligations incumbent upon him under the agreement. In such case, the signatory party and the third party operator shall be jointly liable to the State. Article 77. The State shall be responsible for: a) the procurement, maintenance, and operation of the installa- tions intended to insure control of air traffic on an airport; b) the costs and indemnities which might result from restric- tions imposed in the interest of aerial navigation; However, the agreement may provide that the signatory party will take over all or part of the expenses accruing to the State in the application of this article. PAGENO="0426" 420 AIR LAWS AND TREATIES OF THE WORLD Article 78. The signatory party to the agreement shall be respon- sible for the procurement and maintenance of the understructures, as well as buildings, installations, and workshops necessary for com- mercial operation. However, on advice of the Superior Council of air carriers (conseil supérieur de l'aviation marchande), the signatory may be awarded financial aid by the State which covers a part of the expenses incum- bent on said signatory in the application of this article. Article 79. The procurement of equipment on airports which belong to the State may be made subject to financial participation of the local branches of groups of the communities, or of economic regions, of the chambers of commerce, of the autonomous ports, or of the public institutions concerned. Article 80. The minister in charge of civil and commercial aviation, if necessary, shall give a final completion date to the signatory for the work incumbent on him. If setting such final date remains without effect within the time given, the minister may order completion of such work at the expense of the signatory to the agreement. Article 81. When the signatory does not fulfill the obligations incumbent on him under the agreement, the minister in charge of civil and commercial aviation may, if necessary, either appoint a trustee for the operation of the airport at the expense of the signatory to the agreement, or may rescind the agreement. Where recission has been declared and where, after consultation by the superior council of commercial aviation, it has been recognized that the public interest justifies keeping the airport open to public air traffic, a decree of the Council of State may prescribe the acquisi- tion of the installations of such airport under the conditions pro- vided for in the agreement. Without prejudice to the rights of title holders of contracts or au- thorizations accorded previously and not included in the acquisition, the airport shall be operated either directly by the State or by a third party designated by it. Article 82. For reasons of national defense, a decree by the Coun- cil of State may prescribe that the State shall be substituted tem- porarily or permanently for the operator of an airport. The con- ditions of such substitution shall be determined by regulation of the public `administration. Chapter Il-Classification Article 83. [Abrogated by Decree No. 59-62, of January 3, 1959. See infra.] Article' 84. The technical and administrative conditions of such classification, the categories into which airports are divided, the pro- cedure preceding the classification and the effects of the classifica- tion shall ,be determined by a regulation of the public administra- tion. Such regulation shall be issued on the report of the minister in charge of civil and commercial aviation, the keeper of the Seals, the minister of Justice, the minister of finances and economic affairs, the minister of reconstruction and housing, the minister of the In- terior, the minister of national defense and the armed forces, the minister of postal a.ffairs, `telegraphs and telephones, the minister of overseas France, and the minister of foreignaff airs. PAGENO="0427" AIR LAWS AND TREATIES OF THE WORLD 421 Article 85. The classification of airports shall be declared by de- cree issued on the report of the minister in charge of civil and com- mercial aviation, on the advice of the minister of finances and eco- nomic affairs, the minister of reconstruction and housing, the min- ister of the Interior, and other ministers concerned. Chapter 111-Operation Article 86. Contracts awarded by the State for the construction, maintenance, and operation of airports belonging to it, shall be sub- ject to the following conditions: The cost accounts (cahiers de charges types) of the contracts shall be approved by a decree of the Council of State, issued on the report of the minister in charge of civil and commercial aviation and the min- ister of finances and economic affairs. Contracts which do not involve a cost account shall be awarded by interministerial order. Contracts which involve a cost account shall be awarded by decree of the Council of State issued on the report of the minister in charge of civil and commercial aviation and the minister of finances and economic affairs. Article 87. Without prejudice to the rights of the contractors, author- izations for private workshops, with an obligation of public service, may be granted on an airport belonging to the State with a view to establish and maintain commercial or industrial installations concern- ing air traffic and operation of the airport. Such authorization shall be granted under the same conditions as those provided for the con- tracts. Article 88. Public groups other than the State on the airports which they have established, may be authorized by order of the minister in charge of civil and commercial aviation and the minister charged with supervision of the group concerned, to grant contracts or authoriza- tions for private workshops with an obligation of public service. Where the cost account is in accordance with one of the types of cost account as provided for in article 86, the contracts or authorizations for private workshops with an obligation of public service shall be granted under the rules applicable to contracts of the public group concerned. In the case where a cost account is involved, the contracts or author- izations shall be granted by decree of the Council of State, on the report of the minister in charge of civil and comercial aviation and the minister who has supervision. Article 89. The granting of a contract on an airport open to [pub- lic] air traffic may be made subject to the contractor undertaking to pay, under the conditions determined by his cost account, a share of the expenses incumbent on the authority making the grant. Article 90. The contractors and beneficiaries of authorizations shall be entitled to obtain, in remuneration for the services rendered by them, and under the conditions determined in chapter IV below, those of the fees contemplated in Article 91 which are contained in their cost account. Chapter 1 V-Fees Article 91. On all airports open to public air traffic, the services rendered to users and to the public shall give rise to a remuneration PAGENO="0428" 422 AIR LAWS AND TREATIES OF THE WORLD in the form of fees levied for the benefit of the person rendering the service, and particularly for the following operations: Landing of aircraft; Use of devices of assistance to aerial navigation; Parking and hangar space for aircraft; Use of installations equipped for the reception of passengers and goods; Use of various installations and workshops; Occupation of land and buildings; Visit of all or part of the reserved areas of the airport. The fees must be commensurate with the services rendered. The fees accruing to the State. to public groups and public establish- ments shall be collected by a public accountant. They shall be collected in accordance with the rules of the crroup or establishment which benefits from them and, as regards the ~tate, in accordance with the rules concerning credits other than taxes and properties by virtue of collection orders issued by the prefects. Where fees are collected in cash, their payment may be ensured by a cashier. Article 92. The list of those fees for which the methods of establish- ment and collection as well as the amounts thereof are determined by interministerial order, oh advice of the Superior Council of commercial aviation, shall be determined by a decree of the Council of State, on the basis of a report by the minister in charge of civil and commercial aviation and the minister of finances and economic affairs. Such list shall include in particular the fees for landing of aircraft, for the use of devices of assistance to aerial navigation, for parking of aircraft, for use of installations equipped for the reception of pas- sengers and goods, and for installations for the distribution of aviation fuel. The fees other than those specified in the first subparagraph of this article shall be set by the person furnishing the service. The decisions setting these fees shall not become applicable to users and to the public until 10 days after they have been brought to the knowledge of the latter, either by individual modification, or by posting or insertion in a newspaper containing legal announcements. Such decisions must be communicated to the minister in charge of civil and commercial aviation before being put in effect. If the amount of the fees thus set is not appropriate to the service rendered, such fees may be modified by a joint order of the minister in charge of civil and commercial aviation, the minister of finances and economic affairs and, if necessary where the person furnishing the service is a public group or establishment, the minister who has the supervision thereof. Article 93. The fees shall become due on use of the facilities, installa- tions, buildings, and workshops for which they constitute the, payment. * In case of non-payment of fees due from the operator of the aircraft the operator of the airport shall be entitled to request the authority responsible for air traffic on the airport that the aircraft be held until deposit has been made of the amount in dispute. Article 94. On airports belonging to the State, an int.erministerial order may provide that all or part of the receipts from certain fees which have not already been allocated to a contractor, should be paid PAGENO="0429" AIR LAWS AND TREATIES OF THE WORLD 423 the public groups or establishments enumerated in article 79 to be applied to the financing of their participation. Article 95. In cases where the revenues from the operation of the airport are insufficient to permit the chambers of commerce, autono- mous ports or other public establishment to ensure the financing of the participation to which it is subject under articles 79 and 89, such estab- lishment may, by way of exception, and with the consent of the min- isters concerned, pay the expenses not yet covered from any receipts which it is entitled to collect and, particularly, in regard to the chain- bers of commerce, from additional license fees. Such public establishments may finance, under the same conditions, the part of expenses for equipment, maintenance and operation in- cumbent upon them on the airports they have established or of which they are contractors. Title ill-The Airport o11 Paris Article 96. The airport of Paris shall be a public establishment endowed with financial autonomy and placed under the authority of the minister in charge of civil and commercial aviation. Article 97. It shall have the task to manage, operate, and develop all the installations of civil air transportation having their center in the Paris region and whose purpose it is to facilitate the arrival and departure of aircraft, to guide navigation, to ensure the embarkation, debarkation, and transportation on the ground of traveler's goods and mail transported by air, as well as all related installations. It shall keep in constant contact with the other French and foreign airports from whom it should need to request or to whom it should give the cooperation which the necessities of air traffic require. Article 98. Decrees issued upon the report of the minister in charge of civil and commercial aviation, the minister of finances and economic affairs, the minister of reconstruction and housing, the minister of the Interior, and the minister of postal affairs, telegraphs and tele- phones, shall determine the elements which form the airport and which shall comprise specifically the following: a) the airports open to civil air traffic located within a radius of 50 km. from the center of Paris; b) access routes to the airports used for traffic of worldwide, continent wide and national air lines; c) air routes reserved to commercial planes; d) devices of protection for these routes; e) installations and buildings located on the airport in order to permit its complete operation. Furthermore, the airport of Paris may be authorized by the minister in charge of civil and commercial aviation and by the minister of finances and economic affajrs and, if applicable, by the other ministers concerned, to accept leases and rentals or to let others participate in matters within its purpose and which represent a direct and certain interest in regard to the management and functioning of the airport. It may rent or lease various workshops and services connected with its operation. Decisions on such contracts are made by decree of the Council of State. Article 99. Any measures for the establishment and performance of building projects for the Paris region which may by their nature PAGENO="0430" 424 AIR LAWS AND TREATIES OF THE WORLD influence the building and development of the airport may be made by the ministers concerned only with the consent of the minister in charge of civil and commercial aviation. In particular, the land necessary for the placement of the airport installations and possible expansion must be reserved. Article 100. Public convenience and necessity of the work of con- struction, reconstruction, consolidation of the places served, as well as the operations of city planning made necessary by establishment of the airport shall be declared by decree of the Council of State upon a report of the minister in charge of civil and commercial aviation, the minister of finances and economic affairs, the minister of recon- struction and housing, and the minister of the Interior. The necessary expropriations shall be made by applying the decree of October 30, 1935, concerning expropriation for the purpose of military construction. The administration may enter upon, and temporarily occupy, pri- vate property, under the conditions provided for in the Law of Decem- .ber 29, 1892. Article 101. The provision contained in the fifth paragraph of Arti- vie 5 of the Law No. 342, of March 1, 1942, concerning the prohibition ~of renewing rental contracts, of rerenting empty buildings and of doing any work therefore without prior authorization, shall be appli- èable to buildings requisitioned under Articles 1 and 2 of said Law, after publication of the requisitioning order has been made. It shall be applicable under the same conditions to buildings located in the temporary areas of protection of the airport as designated by the decrees provided for in Article 98. Regarding buildings located on the perimeter or within the tem- porary radius of protected areas of the airport, the authorization provided for in the first paragraph of this article shall be given by the minister in charge of civil and commercial aviation. Article 102. Agreements shall be concluded between the State, on the one part, and the provinces (d~partements) and communities on the other in order to reimburse them for the loss of receipts engendered for these organizations by the application of this chapter. Article 103. The following shall be part of the budget of the airport of Paris: Receipts: Receipts from the operation of the airport, contributions by the minister in charge of civil and commercial aviation, by the minister of reconstruction and housing, as well as the other public administrations and organization for whom credits are provided in the budgets of such administrations and organizations, use fees which may be contributed by organizations and private persons, receipts from bonds and treasury advances. Expenses: Expenses for operation of the airport, expenses for orig- inal investments of all kinds. The annual budget as established by the director general and cx- amined by the council of administration shall be approved by decree upon a report of the minister of finances and economic affairs anc~. the minister in chargeof civil and ëomrnercial aviation. Article 104. Within the maximum limits set each year by ~the Yinance Law, bonds may be issued by the airport of Paris in order\ to meet its expenses of original investment. These bonds shall be guaranteed by the State. Such issues sh~ll ~be included among the securities which may be used as a revolvir4g fund within the guarantee of the State. PAGENO="0431" AIR LAWS AND TREATIES OF THE WORLD 425 While awaiting the proceeds from the issue of these bonds, the minister of finances and economic affairs shall be authorized under the conditions set by the Law of March 31, 1932, to make direct cash advances. Article 105. The airport of Paris shall be managed by a council of administration assisted by a director general who shall be appointed by decree on nomination by the minister in charge of civil and com- mercial aviation. The membership of the council of administration, the respective functions of the council of administration and of the director general, the rules for the administrative and financial management of the air- port shall be determined by a regulation of the public administration issued upon a report by the minister in charge of civil and commercial aviation and the ministers of finance and economic affairs, of recon- struction and housing, of postal affairs, telegraphs and telephones, and of the Interior. This regulation shall also determine the rules of financial control to which the airpoi t is subject under the conditions set forth in the decree No 55-73 of May 26, 1955, and the rules concerning accounting procedures of the airport Article 106~ The provisions of Articles 91, 92, and 93 shall be appli- cable to the airport of Paris. Title ITT-The Airport of Basle-Muihouse Article 107. The airport of Basle-Mulhouse shall be operated un- der the conditions determined by an agreement between t.he govern- ment of the French Republic and the Swiss Federal Council. Article 108. The airport of Basle-Mulhouse shall be entitled to the benefit of the measures provided for in Articles 93 and 95. Title V-Airports of General Interest Located Outside the Territory of Metropolitan France Article 109. In order to assure the commercial operation of State- owned airports outside the territory of metropolitan France, one or more public organizations of a commeicial character may be estab hished by decrees of the council of State issued upon the report of the ministers of finances and economic affairs, the minister in charge of civil and commercial aviation, and the minister or ministers who have jurisdictiOn over the territories concerned. Such decrees shall specify in particular the administrative and fi nancial organization of the establishments. They shall define the State-owned buildings with whose manage- ment they are entrusted. The accounting of these establishments shall be autonomous and be kept in the usual commercial form Title VI-Penal P~ ovissons Article 110. Whoever remains on or enters into any land prohibited by the general regulations and orders of airports affected with a pub hc service, or whoever permits cattle, carriage, pack or riding animals tO remain thereon, shall be subject to the penalties provided for in Article 471, number 15, of the Criminal Code and, in addition, may be deprived of any right to damages in the case of an accident. PAGENO="0432" 426 AIR LAWS AND TREATIES OF THE WORLD The provisions of Articles 55 and 58 shall be applicable to this Article. Article 111. Violations of the provisions of Articles 60 to 71 shall be prosecuted in the criminal courts and shall be punishable by a fine of from 4,000 to 720,000 francs apart from the penalties provided for in the Criminal Code in the case of an accident resulting from a violation. Independently of the line to which he is subject, any violator or person liable in a civil action, shall be enjoined to remove the appur- tenances which are the subjects of the restriction or to affix and main- tain the markings provided in Article 71. If he has not done so within the time limit given him by the court for this purpose, the administration shall have the right to do so itself at his expense, risk and peril, and to recover from him the expenses which it has incurred. Violations of the provisions of Articles 60 to 71 may be stated in a summons by the officers of the judicial police, the gendarmes, the engi- neers of the air service, the technical agents and subagents of the air service, the officials of the technical corps of the civil aviation, the members of the Army, Navy and agents of the military authority com- missioned for that purpose. For the airports other than those belonging to the State, violations may be stated by summons by agents commissioned for that purpose. Article 112. [Abrogated by Decree No. 59-92 of January 3, 1959. See infra.] BOOK 111-AIR TRANSPORTATION Article 113. Air transportation means the transportation by aircraft from one point to another of passengers, mail and goods. Title I-Transportation Contract Chapter I-Transportation of Goods Article 114. The rules of the Commercial Code concerning transpor- tation on the ground and by water shall apply to transportation by air, except as provided in the following articles. Article 115. Contracts for air transportation of goods shall be gov- erned by Article 925 of the General Tax Law. Article 116. The carrier must file a manifesto sPecifying the kind and nature of the goods shipped. A duplicate of the manifesto must be carried on board the aircraft and be available for inspection to the agents in charge of traffic police and to the customs agents if they so request. Article 117.~ Liability of the carrier of goods or baggage shall be governed, in the cast of transportation by air, solely by the provisions of the Convention of Warsaw of October 12, 1929, or of any convention which modifies it and is applicable in France, even if the transporta- tion is not international in the sense of that convention. Article 118.~ For the application of Article 25 of said convention, `Articles 117, 118, 119, and 123 have been replaced in accordance with the ,provisions of the Warsaw Convention of Oct. 12, 1929 by Law No. 57-259 of Mar. 2, 195 i, entitled "Liability of the carrier in case of air transportation" (JO. Mar. 3, 1957, P. 2402). Article 3 of Law No. 57-259 makes the law applicable in Algeria and the territories under the minister of overseas France. It also abrogates all contrary provisions. PAGENO="0433" AIR LAWS AND TREATIES OF THE WORLD 427 the fault considered as equivalent to intent is inexcusable fault. Any deliberate fault is inexcusable which implies knowledge of the proba- bility of damage and its reckless acceptance without valid reason. The fraud provided for in Article 26, paragraph 4 of said conven- tion, is one by which the carrier hides or trys to hide the loss, shortage or delay, or by any other means prevents or tries to prevent the ad- dressee from presenting his claims within the required time. The in- jured person shall also be relieved from the running of the statute of limitations as provided for in this law if he has been prevented from presenting his claim by force maj eure. Article 119. An action for liability may be brought, at the close of the plaintiff, either before the court of the domicile of the carrier, at his principal place of operation or at the place where he possesses an establishment by means of which the contract was concluded, or before the court of the place of destination. An action for liability may be brought, under penalty of losing the right, within two years from the day when the aircraft has arrived or should have arrived at the place of destination. Article 120. Jettisoning of goods necessary for the welfare of the aircraft shall not create liability on the part of the carrier to the shipper and the receiver on account of such loss of the goods. Chapter 11-Transportation of Persons Article 121. Contracts for transportation of passengers must be made by delivery of a ticket. A list containing the names of the passengers embarked shall be filed, of which a. duplicate must be carried on board the aircraft and be available for inspection to the authorities of the traffic police if they so request.~ However, this provision shall not be applicable to travel which leads to a return to the airport of departure without any other landing. Article 122. For international transportation, the carrier may not embark any passengers except after having justified that they are regularly authorized to land at the point of arrival and at the sched- uled intermediate places of landing. Article 123. Liability of a carrier of persons shall be governed by the provisions of the Convention of Warsaw as provided for in Articles [117 to 119] above. However, unless there are contrary provisions in the convention, liability of a carrier who undertakes gratuitous transportation, shall not be liable, within the limits pro- vided for in said convention, except where it is established that the damage has been caused by a fault attributable to the carrier or his employees. Liability of an air carrier may not be imposed except under the conditions and within the limits provided for above, whoever the persons bringing the action, and whatever right they pretend to claim, may be. Article 124. The aircraft commander shall have the right to dis- embark any person among the passengers who may present a danger to the safety or good order on board an aircraft. 67717-61------28 PAGENO="0434" 428 AIR LAWS AND TREATIES OF THE WORLD Chapter IIl-Rental Article 125. In the case of rental of an aircraft for several succes- sive trips or for a predetermined time, the commander, the [co] -pilot and the crew shall remain under the authority of the owner of the aircraft, except where there is an agreement to the contrary. Article 126. The proprietor of an aircraft rented to a third person shall remain subject to his legal obligations and shall be jointly liable with the lessor for any violation thereof. However, if the rented contract has been registered in the register and if the lessor fulfills the conditions required for the ownership of a French aircraft, such lessor shall be solely liable for such legal obligations as operator and shall be solely responsible in the case of a violation of such obligations. Title 11-Air Carriers Article 127. No one shall engage in any air transportation on a commercial basis and for payment unless he has been authorized by the minister in charge of civil and commercial aviation. The conditions under which such authorization may be granted or withdrawn are fixed by a decree of the council of State. Article 128. The establishment of international routes of air transportation, as well as the establishment and operation of inter- national routes of regular air transportation, shall be subject to prior authorization by the government. Commercial transportation of persons and goods between two points located within the territory of the French Union and any States for the foreign relations of' which France is responsible shall be re- served to French aircraft except for special, temporary exceptions which may be awarded by decree. Article 129. Transportation of passengers may be undertaken only by carriers authorized to do so by the minister in charge of civil and commerical aviation. Such carriers must present for his prior approval: Their general plans for the purchase and rental of flying equip- ment; Their plans of operation containing in particular the indication ~~of the types of equipment normally used on each of the passenger services listed in such plans. The superior council of merchant aviation shall be informed, for advice, of such plans and of any changes that may be made therein. The rates shall be submitted for approval to the minister in charge of civil and commercial aviation. Transportation of not more than six passengers made by means of aircraft whose weight is less than a maximum fixed by order of the minister in charge of civil and commercial aviation shall not be sub- ject to the provisions of this Article. Article 130. In the case where a carrier violates the provisions of Articles 129 and 132, the minister in charge of civil and commercial aviation may suspend or withdraw the authorization or approval for all or some of the routes operated. In the case of the exercise of an activity of air transportation by a carrier not regularly authorized or approved, as the case may be, the PAGENO="0435" AIR LAWS AND TREATIES OF TIlE WORLD 429 minister in charge of civil and commercial aviation may, at the ex- piration of eight days after notice has been given to such carrier, im- pound the aircraft used. Article 131. Coordination between air transportation and trans- portation on the ground or by water shall be assured by the ministers concerned after consultation of any organizations in existence or which may be established. The membership and operation of such organizations shall be the subject of regulations. Article 132. Air carriers shall be subject to the technical control exercised by the minister in charge of civil and commerical aviation in order to insure air safety. Expenses incurred by such control shall be borne by the carriers. Article 133. Control by the State of air carriers shall be exercised as follows: a) As regards technical operation and working conditions for the personnel by the minister in charge of civil and commercial aviation; b) As regards commercial operation and administrative regu- lation under the rules specified above or, as regards a carrier authorized in an overseas country or licensed by a public organi- zation other than the State, by the ministers concerned. Article 134. The minister iii charge of civil and commercial avi- ation may delegate certain functions of cOntrol to a technical organi- zation set up for this purpose. Article 135. Authorized carriers must on request by the officials in charge of control open to them for inspection all documents which are necessary for the exercise of their functions. Article 136. The conditions of application of Articles 129, 130, and 132 shall be fixed by decree of the Council of State. Title 111-The "Compagnie Nationale Air France" Chapter 1-Incorporation Article 137. The corporation entitled "Compagnie Nationaie Air France" shall be subject to the provisions of this Code and, insofar as they are not in couflict with this Code, by the Laws concerning corporations. / Its purpose is to assure the operation of air transportation under the conditions established by the minister in charge of civil and corn- mercial aviation after agreement, if necessary, with the other nun- isters. No subsidy may be allocated for the routes operated in coin~ petition with other French air lines~ It may establish or manage enterprises of a nature that is related to its main purpose or participate in enterprises of such kind, after authorization has been granted by decree of the council of ministers. However, it may not establish or manage any enterprise of manu- facture of aeronautic'tl equipment, nor participate in such enterprises Article 138. To the amount of 30% of the capital; the State must sell stock in the Compagnie Nationale Air France to: 1) Interested public groups and organizations in France and the French Union; 2) French nationals Or legal persons. PAGENO="0436" 430 AIR LAWS AND TREATIES OF THE WORLD In no case shall the total stock subsëribed by the second category exceed 15% of the capital. Chapter 11-A dmini8tration The Compagnie Nationale Air France shall be managed by a coun- cil of administration named by decree of the council of ministers and including the following: 1) Foui administrators, officials designated as follows: Two by the minister in charge of civil and commercial aviation; One by the minister of finance and economic affairs; One by the minister of overseas France. 2) Four administrators, not officials, designated by the min- ister in charge of civil and commercial aviation, two of whom are to be chosen as follows: One from the members of Chambers of Commerce of met- ropolitan France or North Africa~ The other from the members of Chambers of Commerce of overseas France or from France abroad. 3) Four administrators, designated as follows: One by the personnel of the technical and administrative staff; One by the flying personnel; One by the employed personnel; One by the labor personnel. These designations shall be made, for each category by secret vote. The candidates must have belonged to the personnel of the corporation for at least two years. 4) Four administrators designated by the stockholders other than the State. The members of the council shall be nominated for six years and half of them shall be replaced every three years. They must be replaced when they lose the qualification for which they have been designated or when they cease, during their term of office, to represent the organization on whose presentation they have been nominated. Article 140. The chairman, the director general and the members of the council of administration must be of French nationality and be entitled to their civic rights. They cannot belong to the Parliament. The director general may not exercise any function in any private business, whether with or without remuneration, except in branches in which the Compagnie Nationale Air France is a majority stockholder, and with the authorization of the council of administration. The chairman of the council of administration may be dismissed at any time for serious culpable acts by a decree of the council of ministers upon the report of the minister in charge of civil and commercial aviation. The director general may be dismissed by decision of the council of administration upon the proposal of the chairman or a majority of two- thirds of the council and approved by the minister in charge of civil and commercial aviation. The chairman, the administrators, the director general, as well as any officials exercising any managerial function in the corporation, shall be civilly and criminally liable in the same manner as are the administrators, director generals, and officials of corporations. PAGENO="0437" AIR LAWS AND TREATIES OF THE WORLD 431 The legal disabilities affecting the latter shall also apply to them. Article 141. The Compagnie Nationale Air France shall be subject to the general control of the minister in charge of civil and commercial aviation in the manner fixed by ministerial order. The Compagnie Nationale Air France shall also be subject to eco- nomic and financial control in the manner fixed in decree No. 55-733 of May 26, 1955, without prejudice to the powers of inspection pro- vided for in special laws and the control of accounts provided for in Articles 56 to 58 inclusively of the Law No. 48-24 of January 6, 1948. Such controls may in no case have the effect of requiring for the corporation prior authorization other than those provided for in Ar- ticles 137 to 145. Article 142. The articles of incorporation of the Compagnie Na- tionale Air France shall be approved by decree of the council of minis- ters upon the report of the minister in charge of civil and commercial aviation and the minister of finance and economic affairs. Article 143. The council of administrations shall submit for the ap- proval of the minister in charge of civil and commercial aviation and the minister of finance and economic affairs: The general plans for intended expenses arranged over several years; A yearly account of estimated receipts and expenses of all kinds, as well as additional accounts during the year; The balance and the account of profits and losses; The extent of shares held or sale of shares; The rates; The status of personnel; The balance and the account of profits and losses shall be pub- lished in the Journal Official before July 31 of each year. Article 144. The council of administration shall submit for the ap- proval of the minister in charge of civil and commercial aviation the plans for investment, for purchase of equipment and for the routes to be served. A maximum of two months shall be granted to the minister to give his approval. After the expiration of such time, it shall be deemed granted. Article 145. The conditions of application of this title shall be de- termined by decree of the council of State, issued upon the report of the minister in charge of civil and commercial aviation and the other ministers concerned. BOOK IV-FLIGIIT PERSONNEL Title 1-Prof e$sional Flight Perso%nel Chapter 1-Categories Article 146. The capacity of professional airman of civil aero- nautics shall be granted to persons whose habitual and principal occupation either for their Own account or for the account of others and for gainful purposes or for a fee, is: The command and the guidance of aircraft (section A), The servicing aboard of various engines, machines, and instru- ments necessary for the running and the flight of the aircraft (section B); PAGENO="0438" 432 AIR LAWS AND TREATIES OF THE WORLD The servicing aboard of other equipment installed in the air- craft, and particularly, photographic and meteorological equip- ment, or equipment serving agricultural work and equipment serving the operation of parachutes (section C); Additional services aboard shall include particularly the com- mercial flight personnel of the air c~trriers (section D) Article 148. The professional flight personnel of civil aeronautics shall belong to one of the three following categories: I. Testing and admissions. II. Air transportation. III. Air work. Article 148. For application of the present Book: 1) Testing and admissions are defined as follows: a) Testing: Any tests-made in flight, on the ground or in the water, under the direction or control of representa- tives of industry or of the State-which serve research in regard to the characteristics and the functioning of aircraft. Such tests concern the fuselage, the engines and, generally, all instruments, machines, equipment and installations con- tributing to the operation and direction of aircraft. They concern also the safety and the comfort of the crew and the passengers. They apply to aircraft which are prototypes or first in a series, or which incorporate a new element of a nature that may affect their flight characteristics or their performance; b) Admissions: Any tests of examination in flight, pro- vided for in the regulations or conventions, and concerning the aircraft and flight equipment in a series; 2) Air transportation is defined as follows: Any air operation clone in view of or during the course of transportation, for a fee or salary, of passenger, mail or goods; 3) Air work is defined as follows: Any air operation for a remuneration which utilizes an aircraft for purposes other than transportation or tests and admissions defined in 1 and 2 above. It shall include, in particular, flight instruction, demonstration and advertising flights, photography, parachuting, publicity and agricultural air operations. Article 149. The classification, by section and by category, of the professional flight personnel of civil aeronautics of sections A and B and of the personnel in sections C and D is determined, upon the advice of the council of flight personnel defined in Article 155, by joint order of the minister in charge of civil and commercial aviation and the minister of national defense and the armed forces. Article 150. No one may be a member of the professional flight personnel of civil aeronautics in section A, B, and C and of the permanent personnel in section D who is not registered in the respec- tive special register for his category and section. However, the personnel in Section D hired for a period of less than six months shall not be registered in the register. Article 151. Tn order to be first registered in any of the registers, the applicant must satisfy the following conditions and he must: 1) Be of French nationality or belong to the oversea countries; 2) Hold certificates (sections A, B, C) or the certificate of PAGENO="0439" AIR LAWS AND TREATIES OF THE WORLD 433 safety and lifesaving (section D) as well as, depending on the case, valid licenses corresponding to the applicable register; 3) Not have been convicted to serve a prison term or a more serious penalty, either for a crime or a delict against decency and good morals. By decree issued upon the report of the minister in charge of civil and commercial avi'ation~ and the minister of national defense and the armed forces, and after advice of the council of flight personnel of the civil aeronautics as provided in Article 155 shall be fixed: a) the rules applicable to the establishment and the keeping of such registers; b) the conditions under which changes in registration, refusal of registration, suspension, elimination and re-registration may be made, as well as the conditions under which applicants must justify their registration in the register. Article 152. Persons who do not have French nationality, or who do not belong to one of the overseas countries and who are admitted to exercise a professional activity in metropolitan France or the over- seas countries may be authorized to exercise temporarily the activities reserved by Article 146 to the professional flight personnel of the civil aeronautics. Such authorization shall be subject in each particular case to a decision made within the framework of the laws and regulations con- cerning the control of residence and employment by: The minister of national defense and the armed forces for the cate- gory "testing and admissions"; The minister in charge of civil and commercial aviation for the categories "air transportation" and "air work". In exceptional cases, the registration in the registers of professional flight personnel of the civil aeronautics may, in each particular case, be authorized by an order countersigned as follows: By the minister of foreign affairs, the minister in charge of civil and commercial aviation and the minister of national defense and the armed forces for the category "testing and admissions". By the minister of foreign affairs and the minister in charge of civil and commercial aviation for the categories "air transportation" and "air work". Article 153. The designation "certificates" certifies a combination of general theoretical and practical knowledge. It is awarded after an examination and is permanently acquired by the holders thereof. `The designation, "licenses", certifies the ability and the right of the titleholders of certificates to fulfill the function corresponding thereto, subject to the qualifications set forth in the next article. Licenses are valid only for a limited period.; they may be renewed by periodic verification of the various abilities required. The list of licenses and certificates, the conditions required to obtain them, the rules, the plans and regulations for the pertinent examinations, as well as the rules of exemption from certain theoreti- cal qualifications to obtain certificates in the case of applicants who possess certain French or foreign certifications assuring knowledge at least equal to that required for such qualifications, shall be fixed, after advice of the council of flight personnel by joint order of the PAGENO="0440" 434 AIR LAWS AND TREATIES OF THE WORLD minister in charge of civil and commercial aviation and the minister of national defense and the armed forces. In no case shall the beneficiaries of the exemptions mentioned above be exempt from the practical examination. Article 154. The exercise of functions corresponding to the different licenses is subject to the titleholder's possession of special professional qualifications in view of the aircraft, the equipment, and the condi- tions of the flights contemplated. The definition of the special professional qualifications, the condi- tions to obtain and renew them, the plans and regulations for the respective examinations shall be fixed, after advice from the council of flight personnel, by joint decree of the minister in charge of civil and commercial aviation and the minister of national defense and the armed forces. Article 155. The council of professional flight personnel of civil aeronautics has the task: 1) of presenting to the ministers concerned all useful pro- posals concerning programs of instruction, examination, train- ing and of control over certificates, licenses and qualifications of the personnel mentioned in Articles 153 and 154. 2) of keeping track of any informative matter in the develop- ment of aeronautical techniques for the better exercise of the profession. The council of flight personnel shall consist of: one-third of repre- sentatives of the administration, one-third of representatives of the operators and one-third of representatives of the flight personnel. The chairman shall be a representative of the minister in charge of civil and commercial aviation, chosen among the members. In case the votes are equally divided, the vote of the chairman shall be decisive. The membership and functioning of the council shall be fixed by joint order of the minister in charge of civil and commercial aviation and the minister of national defense and the armed forces. Chapter 11-The Aircraft Com'ir&ander and Crew Article 156. The crew shall consist of all the persons aboard for the service of the aircraft in flight. It shall be subject to the orders of the aircraft commander. Article 157. Membership of the crew shall be determined by the type of aircraft, the kind and duration of the flight to be made and the nature of operations to which the aircraft is subjected. Such crew shall be classified as follows, in accordance with the regu- lations in force: In the category "testing and admissions" by the public service in charge of the operations or the operator in agreement with the aircraft commander; In the categories "air transportation" and "air work" by the operator. A list containing the names of the crew shall be made out before each flight, in `accordance with the regulations in force. Article 158. The functions of aircraft .commander shall be exer- cised by a pilot. The aircraft commander shall be named first on the crew list. PAGENO="0441" AIR LAWS AND TREATIES OF THE WORLD 435 In the case of death or disability of the aircraft commander, the command of the aircraft to the place of landing shall be exercised as a matter of law in the order set by such list. Article 159. The aircraft commander shall be responsible for the execution of the mission. Within the limits defined by the regulations and by the instructions of the competent authorities and the operator, he shall choose the itinerary, the flight altitude and determine the dis- tribution of the cargo of the aircraft. He may postpone or cancel the departure and, during the flight, if necessary, change the destination whenever he considers it necessary for safety, and provided that he renders an account thereof, giving the reasons for his decision. Article 160. The aircraft commander shall have authority over all persons aboard. He shall have the right to remove from the aircraft any person among the crew or the passengers or all [or] part of the cargo that may present a danger for the safety, the welfare or good. order aboard the aircraft. If he considers it necessary, he may, dur- ing the flight, discharge all or part of the cargo of merchandise or fuel, provided he renders an account thereof to the operator. If any choice is possible, he must jettison goods of low value. He shall be in command of the aircraft for the whole duration of the flight. Article 161. The aircraft commander shall be consignee of the air- craft and shall be responsible for the cargo. In the case of difficulties in the execution of his task, he must request instructions from the operator. If it is impossible for him to receive precise instructions, he shall have the right without special orders: a) to incur expenses necessary for the accomplishment of the mission undertaken; b) to have repairs made that are necessary to permit the air- craft to continue its mission within a reasonable time; c) to take all measures and incur all expenses to assure the safety of the persons aboard and the safekeeping of the cargo; d) to hire additional personnel for the completion of the mis- sion and to discharge them; e) to borrow any amount necessary to permit the performance of the measures mentioned in the preceding paragraphs. Settlement of any dispute shall, if necessary, be made by the court of commerce. Chapter 111-Work Contracts Article 162. The hiring of a member of the professional flight per- sonnel shall, in every case, give rise to a written work contract. Such contract shall specify in particular; 1) the guaranteed monthly minimum salary; 2) the severance payment which will be allowed, except in the case of gross negligence, to the licensed personnel without pension rights for immediate enjoyment. Such payment shall be calcu- lated for sections A, B and C on the basis of a guarantee of one month's salary per year of service in the organization, and for section D, on the basis of one-half month per year of service, and the operator shall not be held to exceed a total of twelve months for sections A, B and C, and six months for section D; PAGENO="0442" 436 AIR LAWS AND TREATIES OF THE WORLD 3) the conditions under which the contract will be terminated in case of illness, invalidity or disappearance; 4) the place of final destination and the time at which the mission is deemed accomplished if the contract is made for a pre- determined mission; 5) if the contract provides for foreign d~uty of the airman: the duration of the stay outside metropolitan France and North Africa not to exceed three consecutive years except by agreement between the two parties; the payment for such stay; the leave accorded at the end of the stay and the conditions of repatriation. In the case of severance, the persons concerned shall have the right, except for demand on their part, to be re- patriated before the expiration of the notice period and at the expense of the employer. 6) The notice period to be observed in the case of termination of the contract by either party which must be at least three months except in the case of gross negligence. During the notice period, the monthly air work demanded of the airmen must re- main equal to that demanded during the same period of the mem- bers of the flight personnel of the organization in question. For the personnel of category D, the notice period shall be equal to at least one and one half month, except in the case of gross negligence. The employer may, however, refrain from using the airman during the notice period, in which case he must pay him, immediately and in one payment, an amount calculated for the minimum notice period on the basis of the total median monthly salary during the last year of regular employment. Except where a public service has to be assured, the airmen and the other flight personnel cannot be forced to perform air work in areas of civil or military hostilities except on a voluntary basis. A special contract shall then fix the special working conditions and shall ex- pressly cover, apart from the normal risks, the special risks due to the conditions of employment. The provisions of the present article shall be applicable only to the relations between an employer and a salaried employee. They shall not oppose the exercise of the right of requisitioining by the public authorities as provided for by the laws in force. Article 163. A work contract of predetermined duration whose term ends during the course of a mission shall be deemed extended un- til the accomplishment of the mission. A work contract of undetermined duration, terminated during the course of a mission, shall end at the expiration of the notice period which shall begin to run on the day the mission is accomplished. Any member of the flight personnel grounded for any reason what- soever during a mission shall be repatriated to the place of hiring at the expense of the operator. Article 164. Interruption of a mission decided upon by the aircraft commander for safety reasons shall not constitute a breach of the work contract. The aircraft commander shall render an account to the opera.tor of the circumstances which led him to decide on interrupt- ing the mission. All expenses resulting from such interruption shall be borne by the opemtor including those. specified in the preceding article. PAGENO="0443" AIR LAWS AND TREATIES OF THE WORLD 437 Article 165. In the case of internment, arrest or captivity of a mem- ber of the crew while in service, and which is not obviously the result of an ordinary crime, the work contract shall be deeme.d extended until the end of such internment, arrest or captivity. Without an agreement to the contrary, the operator shall make monthly payments of three-fifths. of the total average monthly salary during the twelve preceding months to the persons entitled thereto or, if there is none, to the person designated by the titlehOlder. After his release the person concerned shall be asked to present a report concerning the cause and the circumstances of the measures which have been taken against him. If it appears that these have not been the result of gross negligence on his part, the balance of his salary shall be paid to him without delay, and also the amount of expenses, if any, for housing and liviug expenses during the period in question. Otherwise, and upon advice of the disciplinary council or judg- ment, as the case may be, if it be established that the circumstances of internment, arrest or captivity are such as to show gross negligence of the person concerned, such person shall not be entitled to the pay- ment of the balance of his salary and other penalties may be imposed including repayment of any amounts received in application of this ~article. Article 166. No memberV of the flight personnel of the civil aero- imautics shall have to fulfill any functions other than those specified in his work contract, except when in flight on the order of the aircraft commander. However, where the technical means are insufficient, the crew shall participate in ground operations to repair aircraft and make it ;airworthy. In order to improve and perfect their professional knowledge, the members of the flight personnel may be called to take instruction courses on the ground that are considered necessary by the manage- ment of the operator or by the administrative authorities. Article 167. Apart from the property which, under the provisions of the code of civil procedure or of special laws, may not be seized or garnished, the following shall be neither seized nor garnished for any reason whatsoever: the equipment, the instruments and other property of the members of the flight personnel and used in the exercise of their profession. No amounts due the persons concerned for medical expenses or medications, housing and living expenses, and expenses for repatria- tion to the place of hiring may be assigned or seized. Article 168. The elements of compensation of the flight personnel of the civil aeronautics that must be taken into consideration for the determination of the guaranteed monthly minimum salary and the total average salary provided for in this title, shall be fixed by a ministerial order. Chapter IV-Ten-tporary and Permanent Disabilit7j V Article 169. In the case of inability to work resulting from in- juries or sicknesses not to be imputed to the duty of a member of the professional flight personnel of civil aeronautics in the course of per- formance of his contract, the operater shall have to assure him until he returns to his functions as airman or until a decision is made. by. the PAGENO="0444" 438 AIR LAWS AND TREATIES OF THE. WORLD medical board of the civil aeronautics or, if that were the case, until the date of receipt of his retirement pension: his guaranteed monthly salary for the month during which the disability occurs, and during the following three months; half of this salary during the three months following this first period. Article 170. In the case of disability resulting from a working accident or a sickness to be imputed to the duty and recognized as such by the medical board of the civil aeronautics, the person concerned shall have the right to receive until he returns to his functions as airman or until a decision is made by the medical board of the civil aeronautics or, if that were the case, until the date of receipt of his retirement pension: his guaranteed monthly salary during the six months of dis- ability; half of such salary. during the six months following the disability. This article shall not abrogate any more favorable agreements which have been or may be concluded between the operators and their employees. Article 171. In the case of disability provided for in Article 170, the ordinary medical expenses and those for medications and hospital- ization shall be borne by the operator insofar as they are not taken care of by social security. Article 172. Cash payments and compensation paid under the laws concerning social security, excluding family allowances, shall be deducted from the compensation payable by the operator by virtue of Articles 169 and 170 of this Code. Article 173. No payment by virtue of Articles 169 and 170 shall be allowable for sicknesses, injuries or infirmities resulting from willful negligence of the person concerned. Article 174. VSThere an air accident is suffered while on duty, or where an illness imputable to the duty and recognized as such by the medical board of the civil aeronautics has led to death or permanent total disability in the sense of the Laws on Workmen's Accident Com- pensation, a cash indemnity shall be paid by the pension fund (caisse de retraites) established under Article 186 to the person concerned or his legal successors. The minimum and maximum limits between which the council of administration of the fund establishes the measure of the amounts payable in application of the preceding paragraph, shall be fixed by a regulation of the public administration which shall also establish any family allowances which may be added thereto. Apprentice airmen of the civil aeronautics, mentioned in Articles 12 of the ministerial order of April 7, 1952 and of the ministerial order of January 2, 1953, concerning certificates, licenses and qualifications of airmen of the civil aeronautics, shall also benefit from the provisions of this article. Article 175. If the disability resulting from the causes mentioned in the preceding article merely leads to permanent inability to follow the profession of airman, the pension fund shall pay to the person con- cerned a cash amount calculated by applying to the indemnity which would be due in the case of permanent total disability a percentage PAGENO="0445" AIR LAWS AND TREATIES OF THE' WORLD 439 equal tO that of his disability; however, such sum shall not be less than ~O percent of that which would' be granted to `him in the case of total disability. Apprentice airman of the civil aeronautics mentioned in the last paragraph of the preceding article shall also benefit from the pro- visions of this `article. Article 176. The operators shall have to take all measures which permit, considering the required qualifications, to reserve certain posi- tions to members of the flight personnel who are afflicted, prior to the ~ge fixed for retirement, with a disability resulting from their services and which renders them incapable of air flight duty. Chapter V-Discipline Article 177. The aircraft commander shall have to make a detailed report within forty-eight hours following any accident or incident that may have serious consequences and occurring either on the ground or in flight, or any violation of the rules of air traffic. Such report, made out in three copies, shall be directed: to the competent representatives of the civil aeronautics or of the minister of national defense and the armed forces (air) depending on whether the aircraft commander belongs to the categories "air transportation" or "air work" or to the category "testing and admissions"; to the management of the operator concerned; to the council of flight personnel. Article 178. The minister in charge of civil and commercial avia- tion or, if "testing and admissions" is involved, the minister of na- tional defense and the armed forces (air) shall proceed to all investiga- tions and inquiries in order to seek and state the causes of accidents or incidents. Article 179. The minister in charge of civil and commercial aviation or the minister of national defense and the armed forces (air) may set up a commission of investigation whose membership shall be fixed by an order and which must include a flight controller. Such commission of investigation must hear the representatives of the operators concerned, as well as the flight personnel in question, or its representatives. ` Investigation reports shall be addressed to the courts upon their `request, and on the decision of the minister in charge of civil and corn- mercial aviation and the minister of defense and the armed forces (air), to the foreign States which have participated in the investiga- tion,.to the departments of the ministries, to the operating companies, to aviation clubs, to the owners of the aircraft concerned in the acci- dent and to the Journal Officiel for publication. Article 180. A disciplinary board of the professional flight per- sonnel of the civil aeronautics shall have the task of proposing to the competent minister the application of the penalties provided for in Article 184 in regard to members of the flight personnel of the civil aeronautics who have been found guilty of negligence in the exercise of their profession. , Article 181. The disciplinary board of the civil aeronautics shall be divided into three sections: testing and admissions, air transportation, and air work. PAGENO="0446" 440 AIR LAWS AND TREATIES OF THE WORLD The chairman shall be a representative of the minister in charge of civil and commercial aviation or a representative of the minister of national defense and the armed forces (air) in the case of testing and admissions. It shall consist of one-third of representatives of the administra- tion, one-third of representatives of the operators, and one-third of representatives of the flight personnel of the category concerned. In the case of a tie, the vote of the chairman shall be decisive. The membership and the functioning of the disciplinary board of the civil aeronautics shall be fixed by decree as a regulation of the public administration upon the report of the minister of national de- fense and the armed forces (air) and countersigned by the minister in charge of civil and commercial aviation for air transportation and air work. Article 182. When the commission of investigation provided for in Article 179 concludes that there was professional negligence, a dupli- cate file shall be sent directly to the disciplinary board of the civil aeronautics. Article 183. The person concerned may challenge the members of the board under the conditions provided for in Articles 378 et seq. of the Code of Civil Procedure. Article 184. Disciplinary penalties within the jurisdiction of the disciplinary board shall be the following: temporary revocation with or without suspension of one or several certificates or licenses; permanent revocation of one or several certificates or licenses; removal from the register provided for in Article 151. Article 185. In case there is a serious presumption concerning the responsibility of the aircraft commander or a member of the crew and while awaiting the conclusions of the disciplinary board, the competent minister may relieve the person concerned of his functions for a period not to exceed in any case two months. The person concerned shall receive his minimum guaranteed salary during the period of suspension. (SuppZement) Chapter VI-Pen~sion~ Article 186. The professional civil flight personnel, registered in the registers provided for in Article 150 of this title, who habitually ex- ercise the profession of airman as a main occupation, shall benefit from a system of pensions in addition to that to which salaried em- ployees must belong. To such system of pensions shall also be subject apprentice airmen of the civil aeronautics mentioned in Articles 12 of the ministerial order of April 7, 1952 and of the interministerial order of January 2, 1953 concerning patents, licenses and qualifications of airmen of the civil aeronautics. Persons concerned shall be entitled to such pension after they have reached fifty years of age, subject to special provisions fixed by regula- tion of the public administration as provided for hereinafter, in favor of such airmen who, before reaching the age of fifty years, have to cease any activity as airmen as the result of an accident suffered or an illness contracted because of the exercise of their profession. PAGENO="0447" AIR LAWS AND TREATIES OF THE WORLD 441 The contributions to support the system of pensions shall be borne as follows: Two-thirds by the employer and one-third by. the employee in regard to salaried personnel. The methods of application of this article and particularly the rules of organization and financing of the system, as well as the conditions for the assurance of its financial stability, shall be fixed by a regula- tion of the public administration, including the conditions of age and service giving a right to the pension, the payments to be granted to the person entitled thereto or their legal successor, and the benefits which may accrue to professional airmen who have ceased their activi-~ ties before April 28, 1951 and to their legal successors. Article 187. Members of the Air Force and the Naval Air Arm, holders of a patent as military airmen who leave the Army befor& having completed fifteen years of actual military service in order to follow a career as a member of the professional flight personnel of th~ civil aeronautics may include their military service in calculating their pension under the supplementary system provided for in Articl& 186, provided they otherwise fulfill the necessary conditions to give them a right to the pension under such system. Their legal succes- sors, if any, shall be entitled to this benefit under the same conditions.~ Military services counted for the liquida.tion of military pensions: awarded under Article 11 of the code of civil and military retirement-, pensions shall in no case be counted for the supplementary retirement~ system of the professional flight personnel of the civil aeronautics. Article 188. The right to draw the proportionate military pension acquired in application of Article I of the Code of ci~ il and military retirement pensions shall be deferred for members of the armed forces; registered in the register of the civil aeronautics after April 3, 1953, until they are entitled to the pension which they may acquire in appli- cation of the provisions of Article 186 or until permanent removal from the register for whatever cause such removal may be made. Article 189. Members of the flight personnel of the civil aeronau-- tics who, before having reached the age fixed in Article 186, cease their activity after their forty-fifth birthday and after at least twenty- five years of service that counts toward the retirement pension pro- vided for in the preceding articles, may obtain a liquidated arnount-, as anticipated pension. Article 190. A regulation of the public administration shall fix the methods of application of Articles 187, 188, and 189 above, and the~ conditions under which the members of the professional flight per-. sonnel of the civil aeronautics on active duty on April 5, 1953, may- count their military service done beyond the legal duration for the liquidation of their pension paid in application of Article 186. Article 191. The contribution which must be made by the profes- sional flight personnel to the pension fund created in application of Article 186 shall be deducted from the amount of each paycheck re- ceived by the persons concerned. They may not oppose such deduction. The amount of contributions deducted and the contributions to be made by the operator shall be paid by the latter to the pension fundi within the time fixed by the council of administration Qf the fund. PAGENO="0448" 442 AIR LAWS AND TREATIES OF THE WORLD Payments that are not made within the time provided for above may be made with an increase for delay, the amount of which shall be the same as that in force in the general system of social security. Payment of the contributions shall be guaranteed for one year from `the date of their eligibility: (a) by a chattel mortgage which shall have equal priority with that established by Article 2101-4 of the civil code; (b) by a mortgage on real property which shall have priority from the date when it is registered in the office of mortgages.5 Chapter Vu-Criminal Provi~io~s Article 192. Any person who, in violation of the provisions of this title, works in any position requiring patents, licenses and qualifica- tions of a professional airman of the civil aeronautics, shall be pun- ishable by a fine of from 40,000 to 240,000 francs and imprisonment of from ten days to one month, or either one of these penalties. Anyone in charge of any enterprise who entrusts `such position to a person who does not fulfill the conditions required by this title shall be subject to the same penalties. Furthermore, and not withstanding the provisions of Article 165 of Book II of the Labor Code, any employer who, in regard to flight personnel, violates the provisions of Article 6 of said Book and those of the decree issued in application thereof, shall be punishable by a fine of from 24,000 to 100,000 francs. Any violation of the regulation concerning working hours of flight personnel shall cause the revocation of the license of the violator which shall be made by the minister in charge of civil and commercial avia- tion in regard to persons of the categories "air transportation" and "air work", and by the minister of national defense and the armed forces in regard to personnel of the category "testing and admissions" for a period which may not be less than fifteen days, nor more than two `months. Article 193. An operator who unduly retains the workmen's con- tribution which he holds and which has been deducted from the salary, in application of Article 191, shall be subject to the penalties provided `for in Articles 406 and 408 of the Criminal Code. (Supplement End) Title 11-Temporary Flight Personnel Article 194. Temporary French flight personnel' shall have the `benefit of the allowances provided for by the Law of March 30, 1928 and the amendments thereto in favor of the flight personnel of the military air arm. The conditions of application of this provision shall be fixed by reg- `ulation of the public administration. Two- thirds of the necessary premiums shall be paid by the operators and one-third by the personnel. ~ This paragraph was substituted for the previous wording by the ordinance No. 59-71 of Jan. 7, 1959. PAGENO="0449" AIR LAWS AND TREATIES OF THE WORLD 443 BOOK V-SPECIAL PROVISIONS FOR LIGHT AND SPORTS AIRCRAFT Article 195. Any person admitted to undergo a probationary period or an initiation flight at a State station for light and sports aircraft, and any corporation who benefits from the cooperation of State in- structors at meetings organized by them shall be subject to the pay- ment of a fee under the conditions fixed by order of the minister in charge of civil and commercial aviation and the minister of finance and economic affairs. The amounts thus received shall be paid into the budget of the min- ister in charge of civil and commercial aviation according to the pro- cedure established in matters of competition funds for expenses in the public interest. Article 196. A subsidy, the amount of which shall be fixed every year by the finance law shall be set aside for the benefit of young people of less than twenty-one years of age who practice pbwer flight in aviation clubs. Such subsidy shall be applied to effect a reduction in the hourly fees for flying. The aviation clubs shall be responsible for the strictly just apphca- tion of the reductions on said hourly flying fees. The methods of application of the preceding provisions and the conditions of control exercised by the minister in charge of civil and commercial aviation shall be fixed by a decree issued upon the report of the minister in charge of civil and commercial aviation and the minister of finance and economic affairs. Article 197. An insurance fund for aerial sports shall be set aside to cover the risks incurred by persons who practice glider flight, power flight, or parachuting in sport associations on air sport sta- tions and who are not entitled to one of the insurance funds created by Articles 3 and 5 of the Law of March 30, 1928 or of those set up by the provisions of Book IV of this Code. Indemnification shall be granted to the persons having suffered an accident or to their legal successors by decision of the minister in charge of civil and commercial aviation and the minister of finance and economic affairs, after advice of a commission. The organization of insurance funds, the management of which shall be entrusted to th~ deposit and consignment fund, the condi- tions of any grants and the amounts of indemnification as well as the membership of the commission provided for in the preceding para- graph shall be fixed by regulation of the public administration issued upon the report of the minister of national education, the minister in charge of civil and commercial aviation and the minister of finance and economic affairs. FINAL PROVISIONS Article 198. This Code is substituted for the following provisions of law in accorda.nce with the conditions provided for by the law No. 53-515 of May 28, 1953: The finance law of June 30, 1923 setting up the budget for the fiscal year 1923 (Art. 59) ; Law of May 31, 1924, amended by the law of May 16, 1930, con- cerning aerial navigation; 67717 O-61------r29 PAGENO="0450" 444 AIR LAWS AND TREATIES OF THE WORLD Law of March 30, 1928, concerning the status of flight personnel of the aeronautics, amended by the laws of October 4, 1943 and Jan- uary, 24, 1949. Insurance funds (Art. 5); Law of July 4, 1935 as amended establishing special liens in the interest of aerial navigation; Law of September 19, 1941, fixing the rules for commercial aviation; Law of December 17, 1941 (Art. 1 and 2), concerning establishment of a.n insurance fund for air sports; Ordinance No. 45-1403 of June 26, 1945 for the nationalization of air carriers; Ordinance No. 45-2488 of October 24, 1945, establishing the airport of Paris; Law No. 46-2122 of October 2, 1946, concerning classification of air- ports; Finance law No. 46-2154, of October 7, 1946, concerning opening and closing of credits for the fiscal year 1946 (Art. 58) Law No. 48-976 of June 16, 1948, establishing the Compa.gnie Na- tionale Air France (Art.. 1, 2, 3, 4, 5, 8, 9, 10, 11, 14, 15, 16, 17, 18, 19 and 21); Law No. 50-889 of August 1, 1950, authorizing the President. of the Republic to ratify t.he Franco-Swiss agreement. concerning t.he air- port of Basle-Mulhouse; Law No. 50-1389 of November 5, 1950, establishing a nat.iona.l sub- sidy of 20 millions francs to support the establishment of a reduction on the hourly fee for power flights in aviation clubs by young people of less than twenty-one years of age; Law No. 51-842 of April 27, 1951, concerning development of cred- its for operating expenses of the civil services for the fiscal year 1951 (Public works, transportation, and tourism. TI-Civil and commer- cial aviation. Art. 4); Law No. 51-1501 of December 31, 1951, concerning development of credits for operating expenses of the civil services for the fiscal year 1952 (public works, transportation, and tourism II.-Civil and com- merciai aviation, Art. 2) Law No. 53-51 of February 3, 1953, concerning development of credits for operating expense.s of the civil services for the fiscal year 1953 (Public works, transportation and tourism IT-Civil and com- mercial aviation, Art. 2) Law No. 53-885 of April 4, 1953, concerning the rules for profes- sional flight personnel of the civil aeronautics; Decree No. 53-893 of September 24, 1953, concerning the judicial, administrative and financial regulations of airports open to public air flight; Decree No. 53-916 of September 26, 1953, concerning the coordina- tion of air tra.nsportation; Decree No. 53-957 of September 30, 1953 concerning the creation of public establishments for the commercial operation of airports of gen- eral interest located outside the territory of metropolitan France; Law No. 53-1328 of December 31, 1953, concerning the development of credits for expenses of the ministry of public works, transportation and tourism (Art. 3 and 4). PAGENO="0451" AIR LAWS AND TREATIES OF THE WORLD 445 DECREE No. 59-92 OF JANUARY 3, 1959 CONCERNING REGULATION OF AIRPORTS AND AERONAUTICAL RESTRICTIONS 6 [Omissions.] Title 1-Regulations of airports Article 1. Any land or water surface specially equipped for the landing, taking off, or maneuvering of aircraft, including any installa- tions connected therewith for the needs of traffic and service of air- craft shall be considered an airport. Article 2. An airport shall be deemed "open to public air traffic" which may be used by all aircraft having appropriate technical characteristics, subject only to the provisions of Article 5. Article 3. An airport shall be pronounced open to public air traffic by an order of the minister in charge of civil aviation after a technical investigation. The closing of an airport to public air traffic shall be made in the same manner. Article 4. Except in the case of force majeure and the cases pro- vided for in the following sub-paragraph, aircraft may not land on, or depart from any except regularly established airports. A decree issued upon the report of the minister in charge of civil aviation and the minister of the Interior, shall fix the conditions under which aircraft of certa.in types may land or take off in a place other than an airport, provided there is consent by the person who has the use of the land or the water surface used. Such consent shall, however, not be necessary in the case of opera- tions of assistance or salvage for which aircraft are used. Article 5. The use of an airport open to public air traffic may at any time be made subject to certain restrictions or temporarily closed if the conditions of air traffic at the airport or in the adjoining air- space, or reasons of public order require it. Such decisions shall be notified to all pilots. Furthermore, if several airports open to public air traffic serve the same area, the minister in charge of civil aviation may regulate their use in the public interest and, particularly, specially assign to each of them certain types of aircraft or certain kinds of air activity or com- mercial operations. Article 6. All airports may be made subject to technical and ad- ministrative control of the State. The conditions for the establishment, the putting into service and the use of an airport, and the exercise of control by the State, shall be defined by decree. Article 7. Airports intended for public air traffic shall be classified according to the kind and importance of the traffic they serve. Such classification may be extended to airports not intended for public air traffic when the conditions of use of such airports justify it. Title lI-Aeronautical restrictions Article 8. In order to ensure the safety of navigation of aircraft, special restrictions called "aeronautical restrictions" (servitudes aéro- nautiques) are imposed. ° Journal officiel, Jan. 8, 1959, p. 585. `(See Art. 20, Infra, for abrogated articles of the Code.) PAGENO="0452" 446 AIR LAWS AND TREATIES OF THE WORLD Such restrictions shall include: 1. Aeronautical restrictions for the purpose of clearance in- cluding the prohibition to create, or the obligation to remove, any obstacles that may constitute a danger to air traffic or im- pair the functioning of safety devices established in the interest of air traffic; 2. Aeronautical restrictions of marking carrying an obligation to provide visible or radio-electric devices on certain obstacles and locations in order to notify their presence to aerial navi- gators or to permit their identification, or to permit the installa- tion of such devices. Article 9. The provisions of this title shall be applicable: a) to airports intended for public air traffic or airports created by the State; b) under certain conditions to be fixed by decree, to airports not intended for public air traffic and established by a natural or legal person other than the State, and to airports located on foreign territory for which clearance areas must be provided on French territory; c) to installations of aid to aerial navigation, or aeronautical telecommunications, and to meteorological installations estab- lished for the safety of aerial navigation, but the provisions of Articles L. 97 to L. 123 of the code of postal matters, telegraphs and telephones concerning restrictions in the interest of radio- electric transmission and reception shall apply; d) to certain locations which constitute preferred reference points for aerial navigation. Article 10. The restrictions provided for in article 8 shall ensure to aerial navigation conditions safety at least equivalent to those resulting from the standards and recommendations of the Interna- tional Civil Aviation Organization, in accordance with annex 14 of the Convention on International Civil Aviation of December 7, 1944, and with the international civil and military conventions. Article 11. For each airport and installation provided for in Article 9, a plan of clearance shall be established by decree after a public investigation and advice of a central commission set up for this purpose in order to ensure the conditions of safety specified in Article 10. The cost of such restrictions defined in the plan shall be chargeable ~o the respective funds beginning on the day of publication of the decree. The clearance plan shall be modified in the same manner. How- ever, no public investigation shall be necessary when the purpose of the modification is to remove or alleviate restrictions provided for in the plan. Article 12. In urgent cases, temporary safeguarding measures may be taken by ministerial order after a. public investigation and advice of the commission mentioned in the preceding article. These temporary measures shall cease to be applicable if they are not included in a regularly approved clearance plan within two years from the issue of the decree. Article 13. The provisions of Articles L. 103 and L. 104 of the code of postal matters, telegraphs and telephones, shall be applicable to PAGENO="0453" AIR LAWS AND TREATIES OF THE WORLD 447 aeronautical clearance restrictions and the taking by eminent domain provided for in Article L. 103 shall proceed in accordance with the provisions of Ordinance No. 58-997 of October 23, 1958. The costs and indemnities due under the application of these pro- visions are incumbent upon the State except for the provisions of Article 77 of the Code of civil and commercial aviation and the special provisions concerning airports of paragraph b, of Article 9 of this decree. Article 14. The minister in charge of civil and commercial avia- tion or, in regard to those airports or air routes concerning him, the minister in charge of national defense, may prescribe day and night markings or markings for da.y or for night time for all obstacles which he considers dangerous to aerial navigation. He may further order the installation of visual or radio-electric devices of aid to air navigation. He may also order the removal or modification of any visual device other than a device of maritime marking or railroad or road signs which is such as to create confusion with visual aids to air navigation. Article 15. Except for the provisions of Article 77 of the Code of civil and commercial aviation and the special provisions concerning the airports mentioned in paragraph b, of Article 9 of this decree, the costs of installation, maintenance and functioning of air markings shall be paid for by the State except when the markings concern electric lines of a voltage of, or exceeding 90,000 volts or to the installations mentioned in the first paragraph of Article 17 herein- after, in which case the costs shall be at the expense of the operator of the lines or the owner of the installations. Article 16. Tn order to install the markings mentioned in Article 14, the administration shall have the right to build supports, to pass, to cut or to trim trees, as well as the right to install devices on outside walls and rOofs. These rights may be exercised by the private persons who may be in charge of the markings. Article 17. Outside of the areas subject to clearance restrictions in application of this title, the establishments of certain installations which, due to their height, may constitute obstacles to air navigation shall be subject to special authorization by the minister in charge of civil and commercial aviation or insofar as it concerns him, the min- ister in charge of national defense. Ministerial orders shall deter- mine the installations subject to each authorization. The authorization may depend on observation of certain condi- tions of construction, of height or of marking, according to the re- quirements of air navigation in the region concerned. When such installations or the installations considered in the Law of June 15, 1906 concerning distribution of energy which exist at the time of publication of this decree constitute obstacles to air navi- gation, their removal or modification may be ordered by decree issued on advice of the commission mentioned in Article 11. The provisions of Article 13 above shall be applicable in such case. Article 18. When for reasons of the requirements of air traffic the competent authority decides on the expansion or creation of airports or installations intended to ensure the safety of air navigation, the necessary land, if not already reserved for that purpose in a building PAGENO="0454" 448 AIR LAWS AND TREATIES OF THE WORLD plan of one or more communities, under consideration or approved, may be declared reserved by decree of the council of State after a public investigation in the form prescribed by the ordinance of Oc- tober 23, 1958 concerning expropriation. The provisions of Articles 31 and 31-1 of the Code on city planning and housing shall be applicable in such case. The reservation of land may be executed by imposing aeronautical restrictions according to a clearance plan established under the pro- visions of Article 11 above. Article 19. Decrees shall further define the methods of application of this title. Article 20. Articles 23, 59, 72, 83, 112 and Title I of Book II of the Code of civil and commercial aviation are abrogated. Article 21. The minister of public works, transportation and tour- ism, the keeper of the seal, the minister of justice, the minister of the armies, the minister of finance and economic affairs, the minister of the Interior, the minister of construction, the minister of agriculture and the minister of industry and commerce shall be in charge of exe- cuting this decree to the extent that it concerns each of them a.nd the decree shall be published in the Journal officiel of the French Re- public. DECREE No. 59-62 OF JANUARY 3, 1959, RESTRAINING VIOLATIONS OF THE RULES ON AERONAUTICAL RESTRICTIONS ~ [Omissions.] Article 1. Violations of the regulatory provisions concerning aero- nautical restrictions of clearance ançl marking imposed in the interest of aerial navigation shall be punished by a fine of from 50,000 to 1,500,- 000 francs. In the case of repetition such violations shall be punished by a fine of from 100,000 to 3 million francs and imprisonment of from six days to three months or by one of these penalties only. Article 2. At the request of the public ministry, acting at the de- mand of the minister concerned, the court that has jurisdiction over the matter shall give to the persons who commit the violation of these provisions a time limit to remove or modify the things affected by the restrictions or to attend to their marking under penalty of a fine of from 1,000 to 10,000 francs for each day of delay. In case such time limit is not observed, the restraint imposed by the court shall begin to run from the expiration of said time limit until the day when the situation is effectively remedied. If such remedial action is not taken within the year when the time limit expires, the court, on the request of the public ministry acting under the same conditions, may one or more times raise the amount of the fine, even above the maximum provided for hereinbefore. The court may authorize remittance of a part of the fines where re- medial action has been taken and where the liable party establishes that he has been prevented from observing the time limit imposed on him by circumstances beyond his control. Furthermore, when the situation has not been remedied at the expir- ation of the time limit set by the judgment, the administration may TJournal ofilciel cle la Republique Française, January 8, 1959, p. 547. PAGENO="0455" AIR LAWS AND TREATIES OF THE WORLD 449 have the work done at the expense and risk of the persons civilly liable therefor. The fines shall be recovered by the collectors of the Treasury on the request of the minister concerned or his delegate. Article 3. Violations mentioned in Article 1 may be stated by sum- mons of the officers of the judicial police, the gendarmes and the offi- cials of the administration concerned commissioned for this purpose and sworn under the conditions determined by decree. Such summons shall be prima facie evidence until the contrary is proved. Article 4. This ordinance shall be published in the Journal officel of the French republic and be executed as law. OTHER AIR LAWS IN FORCE IN FRANCE The following other air laws are in force in France: 1) Ordinance No. 45-2401 of October 18, 1945, concerning the functioning of the civil aeronautics in the overseas territories. 2) Ordinance No. 45-2665 of November 2, 1945, concerning consoli- dation of the metereological services. 3) Decree No. 53-~58 of September 30, 1953, concerning housing of personnel of the civil aeronautics on duty outside metropolitan France. INTERNATIONAL CONVENTIONS RATIFIED BY FRANCE AND IN FORCE 1) The Convention on Unification of certain Rules relating to inter- national Carriage by Air, signed in Warsaw on October 12, 1929. Date of ratification: December 12, 1932. 2) Convention on International Civil Aviation, signed in Chicago on December 7, 1944. Date of ratification: Decree No. 47-974 of May 31, 1947. 3) Agreement on Transit of International Air Services, signed in Chicago on December 7, 1944. Date of ratification: Decree No. 48-1231 of July 19, 1948. PAGENO="0456" GERMANY PRELIMINARY The prewar air laws of Germany had not been repealed after the war, although Germany was not permitted any activity in the air. Only on May 5, 1955, was the Federal Republic of Germany given "full responsibility in the field of civil aviation in the Federal terri- tory" (Convention on the Settlement of Matters arising out of the War and the Occupation, as amended by Schedule IV to the Protocol on the Termination of the Occupation Regime in the Federal Republic of Germany, signed in Paris, October 23, 1954, Chapter 12, Art. 1, German Official Gazette, BGB1. 1955, II, p. 405, 456). The government of the Federal Republic of Germany first sub- mitted a draft aviation law to the Federal Congress on June 28, 1957. Due to lack of time the bill did not pass, and was resubmitted on November 7, 1t57 without changes. The lower house passed the bill on October 2, 1958 and the upper house on October 24, 1958. Article 4 of this law, entitled "Law for the Amendment of the Law on Air Navigation" (Gesetz zur Anderung des Luftverkehrsgesetzes) and dated December 5, 1958, provides that the federal minister of trans- portation may publish a new aviation law, which under Article 7 was to take effect one month from its publication. The new aviation law is an amended version of the aviation law of August 1, 1922 (BGB1. I, p. 681) as published on August 21, 1936 (BGB1. I, p. 653), the law of September 27, 1938 (BGB1. I, p. 1246), the law of January 26, 1943 (BGB1. I, p. 69), the fourth amendment to the Criminal Code of June 11, 1957 (BGB1. I, p. 597) and the law concerning measures in the field of the law of transportation and of liability in transportation of July 16, 1957 (BGB1. I, p. 710). It was promulgated on December 10, 1958, and took effect January 10, 1959. For a compilation of air laws and regulations, see Wegerdt-Reuss "Deutsche Luftfahrtgesetzgebung" 3d rev. ed. (Stidwest-Deutsche Verlagsanstalt, Mannheim 1959). LAW CONCERNING An~ NAVIGATION (LtJFT VG) OF JANUARY 10, 1959 1 TABLE OF CONTENTS PART I-AIR NAVIGATION Articles Section 1. Aircraft and Flight Personnel 1 to 5 Section 2. Airports 6 to 19 Section 3. Flight Enterprises and Events 20 to 24 Section 4. Traffic Regulations 25 to 27 Section 5. Expropriation 28 Section 6. General Provisions 29 to 32 1 Published in Bundesgesetzblatt (BGB1.) 1959, I, p. 9. 450 PAGENO="0457" AIR LAWS AND TREATIES OF THE WORLD 451 PART Il-LIABILITY Article Section 1. Liability for Persons and Goods Not Transported in the Aircraft 33 to 43 Section 2. Liability Under the Carriage Contract 44 to 52 Section 3. Liability of Military Aircraft 53 to 54 Section 4. General Liability Provisions 55 to 57 PART 111-CRIMINAL PROVISIONS. 58 to 62 PART I-AIR TRAFFIC Section 1-Aircraft and Flight Personnel Article 1 (1) Use of the airspace by aircraft shall be free except as limited by this law, by the law concerning the Federal Institute of Flight Safety (Flugsicherung) of March 23, 1953 (BGB1. I, p. 70) and by the reg- ulations issued for the application of these laws. (2) Aircraft shall be deemed airplanes, helicopters, dirigibles, glider planes, free and captive balloons, kites, flight models and other in- strumentalities intended f or the use of the airspace. Article ~ (1) German aircraft may navigate only when they are licensed for air traffic (Verkehrszulassung) and, insofar as provided for by reg- ulation, registered in the register of German aircraft (Luftfahrzeug- rolle). An aircraft shall be licensed for navigation only when: 1) the prototype of the aircraft is licensed (Musterzulassung), 2) airworthiness is shown in accordance with the testing reg- ulations (Prflfordnung) for flight instrumentalities, 3) the operator of the aircraft is insured in accordance with the provisions of this law or has deposited a bond in the form of money or securities and 4) the technical equipment of the aircraft is such that the noise caused by its operation does not exceed a level which cannot be reduced in view of technological developments at the time. (2) Other flight instrumentalities must also obtain a prototype license in accordance with paragraph (1) no. 1. (3) The provisions of paragraph (1) concerning licensing for air navigation shall apply accordingly to parachutes and starting de- vices. (4) The license shall be revoked when the conditions of paragraph (1) no longer exist. (5) German aircraft shall bear a nationality mark and a special sign. (6) German aircraft may leave the territory in which this law ap- plies only with the permission of the federal minister for transpor- tation. (7) Aircraft which are not regularly registered and licensed in the territory in which this law applies, may enter into and navigate with- in the territory in which this law applies only with the permission of the federal minister of transportation, unless there is a general permission under an agreement between the state whose nationality they have and the Federal German Republic. PAGENO="0458" 452 AIR LAWS AND TREATIES OF THE WORLD Article ~3 (1) Aircraft shall be registered in the aircraft register oniy when they are the exclusive property of German nationals. Legal persons and commercial corporations that have their place of business in this country shall be deemed German nationals when the preponderant part of their assets or capital and the effective control thereof belongs to German nationals and when the majority of the officers or the per- sons who are personally liable, are German nationals. The authority in charge of licensing for air circulation may make exceptions in in- dividual cases when special circumstances justify it. (2) The registration shall be cancelled when the conditions pro- vided for in paragraph (1) no longer exist. Article 4 (1) Any persons who conduct or operate an aircraft (Luftfahrer) must be licensed. Such license shall be granted only as follows: 1) when the applicant has the prescribed minimum age, 2) when the applicant has proved his qualifications, 3) when there are no facts which make the applicant appear unreliable in conducting or operating an aircraft, 4) when the applicant has passed an examination under the regulations for examination (Prüfordnung) of flight personnel. (2) The provisions of paragraph (1~ shall be applicable, accord- ingly to other flight personnel insofar as their activity is subject to a license in accordance with an ordinance issued under Article 32, para- graph (1), no. 4. (3) The license shall be revoked when the conditions provided for in paragraph (1) no longer exist. (4) In the case of practice and examination flights accompanied `by flight instructors (Article 5, paragraph (3)) the flight instructor shall be deemed the person who conducts or operates the aircraft. In the case of practice or examination flight.s not accompanied by flight instructors, the pilot shall require no license if the flight has been ordered and is supervised by a flight instructor. Article 5 (1) Any person who undertakes to train pilots or parachutists needs a license notwithstanding the provisions of paragraph (3). The license may be subject~ to conditions and may be limited in duration. (2) The license shall be denied where the facts justify the assiimp- tion that public safety or order may be endangered or that the appli- cant or his instructors are personally unfit. If such facts appear at a later time, the license shall be revoked. The license may also be re- voked if it has not been used for more than one year. (3) Practical instruction may be given only by persons who are licensed to instruct under the regulation for examination of flight personnel (flight instructors). Section ~-Airports Article 6 ` (1) Airports (airdromes, landing areas, glider landing areas) may be established or operated only if authorized. Such authorization may be subject to conditions and may be limited in duration. PAGENO="0459" AIR LAWS AND TREATIES OF THE WORLD 453 (2) Before such authorization is granted, it shall be ascertained whether the planned establishment complies with requirements of the area (Raumordnung), regional planning (Landesplannung) and ur- ban development. If the land under consideration is unsuitable or if facts justify the assumption that public safety or order may be en- dangered, the authorization shall be denied. If such facts appear at a later time, such authorization may be revoked. (3) Authorization for an airdrome, serving for general traffic shall also be denied when the establishment and operation of the airdrome for which authorization is requested would be unduly detrimental to the public interest. (4) The authorization shall be amended or modified when this be- comes necessary in view of the results of the planning proceedings (Planfeststellungsverfahren) (Articles 8 to 10). Modification of the authorization shall also be required when a substantial enlargement or modification of establishment or operation of the airport is con- sidered. Article 7 (1) `The authorizing authority may permit the applicant to under- take preliminary work necessary for the preparation of his applica- tion (Article 6) when an examination shows presumptively that the conditions for granting the authorization are fulfilled. (2) The duration of such permission should not exceed two years. Such permission conveys no right to a granting of the authorization as provided for in Article 6. (3) The officials of the authorizing authority may enter upon prop- erty affected by the authorization even without the consent of the titleholder, or survey such property and undertake other preparatory work necessary for a final decision concerning suitability of the land. They shall not be entitled to enter inhabited buildings. (4) The authorizing authority may impose conditions on the pre- paratory work. If from such preparatory work considerable damage may be expected, the authorizing authority shall order deposit of a bond by the applicant. (5) When the preparatory work causes damages the applicant shall immediately upon the occurrence of such damage, pay full compensation in money therefor or, if the injured person so requests, restore the former condition. Cases of litigation concerning the kind and amount of compensation shall be decided by the regular courts. Article 8 (1) Airdromes and landing areas with limited clearance restrictions according to Article 17 may be established, and established ones may be modified, only when the plan has been approved according to Article 10. (2) In the case of a modification or an enlargement of inconsider- able extent approval of the plan (Planfeststellung) may be omitted. Cases of inconsiderable extent shall be deemed to exist in particular when the rights of other persons are not affected or when the persons concerned are known Or m~.y become known without formal proceed- ings and agreements have been reached with the persons concerned. PAGENO="0460" 454 AIR LAWS AND TREATIES OF THE WORLD Article 9 (1) Approval of the plan shall replace all other authorizations, grants, permissions, and consents by the public authority, necessary in accordance with other legal provisions. Such approval shall regulate all relations of the public law between the contractor and the persons affected by the plan. The jurisdiction of the Federal minister of trans- portation under Article 9, paragraph 4 of the law concerning the federal authority of flight safety (Bundesanstalt für Flugsicherung) and the jurisdiction of the authorities in charge of granting building permits shall not be affected. (2) The decision of approval of the plan shall impose upon the contractor the establishment and maintenance of installations that are necessary for the public welfare or the protection of use of ad- joining property against dangers or detriments. (3) When approval of. `the plan has become final, claims for re- moval or modification of approved installations shall be excluded. (4) When the plan is not executed within five years from the date of its final approval, the owners of the properties affected by the plan may demand that the contractors acquire their properties and rights to the extent to which expropriation is permissible under Article 28. If no agreement is reached, they may request expropriation proceed- ings by the government agency charged with expropriation. Other- wise, Article 28 shall apply. Article 10 (1) The agency designated by the State government (Landes- regierung) shall be the agency charged with approval of the plan. It shall approve the plan and make the decision according to Article 8, paragraph 2. (2) Plans must be submitted to the agency designated by the State government for its opinion. This agency shall hear all departments concerned of the federal government., the State governments, the communities and other persons concerned and transmit their views to the agency charged with approval of the plan. (3) The plans with appendices shall be exhibited for inspection for two weeks in the communities affected by the building project; time and place of such exhibition shall be made public in the usual manner in order to give an opportunity to express his views to every- one whose interests are affected by the establishment and operation of the airport. (4) Objections to the plan shall be made in writing within two weeks from the determination of public inspection at the agency des- ignated by the State government or at any place designated by such agency. (5) After the time mentioned in paragraph (4) has expired, ob- jections to the plan shall be discussed with all persons concerned by the agency designated by the State government. If no agreement is reached, a decision concerning the objections shall be made in the approval of the plan. (6) If the public interest is affected involving the jurisdiction of federal agencies or of agencies which operate on behalf of the fed- eral government, and no agreement between the agency charged with approva.l of the plan and said agency is reached, the agency charged PAGENO="0461" AIR LAWS AND TREATIES OF THE WORLD 455 with approval of the plan shall decide the matter after consultation with the federal minister of transportation. (7) Approval of the plan and decisions concerning objections shall be substantiated by an opinion which shall be transmitted with in- formation regarding further recourse to the participants of the proceedings. Article 11 The provisions of Article 26 of the Trade Code (GewerbeordflUflg) shall, as far as possible, be applicable to airdromes. This shall apply even when the airdrome does not serve commercial but public purposes. Article 1~'2 (1) In granting authorization for an airdrome a building plan shall be established. This plan shall determine the extent to which the building restrictions mentioned in paragraphs (2) and (3) shall apply (Bauschutzbereich). Plans shall contain: 1) the takeoff and landing runways including adjoining pro- tective areas (takeoff and landing areas), 2) the safety areas which should be no longer than 1,000 meters at the ends of the takeoff and landing areas, and 350 meters wide each at the sides of the takeoff and landing areas extending to the beginning of the approach sectors, 3) the reference point of the airdrom.e which shall be located in the center of the system of the takeoff and landing areas, 4) the reference points for the takeoff lane which should be located in the center of the takeoff and landing areas, 5) the approach sectors which, on both sides of the outer edges of the safety areas, adjoin them at their ends with an opening angle of 15 degrees; they end, in the case of main takeoff and landing areas at a distance of 15 kilometers, in the case of secondary takeoff and landing areas at a distance of 8.5 kilometers from the reference point for the takeoff lane. (2) After a*n airdrome has been authorized, the government agency that has jurisdiction for the granting of building permits may not authorize the erection of buildings in a radius of 1.5 kilometers from the reference point of the airdrome and on the takeoff, landing, and safety areas except with the consent of the aviation authorities. (3) In the farther vicinity of an airdrome the consent of the avia- ~ion authorities shall be required when the buildings are intended to exceed the following limits: 1) outside the approach sectors: a) in a radius of 4 kilometers from the reference point of the airdrome a height of 25 meters; for airdromes which fall into classes A to D of annex 14 of the coir~ention on inter- national civil aviation, the height is 15 meters (height in reference to the reference point, of the airdrome) b) in a radius of from 4 to 6 kilometers from the reference point of the airdrome, the connecting line which rises from a height of 45 meters to a height of 100 meters (height in reference to the reference point of the airdrome); 2) within the approach sectors: a) from.the end of:the safety areas to an area of a.. radius of 10 kilometers from the reference point for the take off line PAGENO="0462" 45R AIR LAWS AND TREATIES OF THE WORLD in the case of main take off and landing areas and of 8.5 kil- ometers in the case of secondary take off and landing areas the connecting line which rises from a~ height of 0 meters at this end to a. height. of 100 meters (height in reference to the reference point for the starting lane of the respective take off and landing area), h) in a radius of from 10 to 15 kilometers from the refer- ence point for the take off lane in the case of main take off and landing areas a height of 100 meters (height in reference to the reference. point for the take off lane of the respective take off and landing area.) (4) Tn order to safeguard safety of aviation and to protect the general public the aviation authorities may make their consent under parapraphs 2 and 3 contingent on the imposition of conditions on the building permit.. Article 13 If building restrictions within the area subject to such restrictions are not necessary for the safety of aviation to the extent specified in Article 12 because of special local conditions or the purpose of the airdrome, the aviation authorities may specify building maximum heights for such parts of the area to which buildings may be erected without their consent. Article 14 (1) Outside the area subject to building restrictions the agency that has jurisdiction over the granting of building permits may permit the erection of buildings which exceed a height of 100 meters above the ground only with the consent of the aviation authorities; Article 12, paragraph (4) shall be applicable accordingly. (2) The same shall apply to installations of a height exceeding 30 meters above natural or artificial elevations insofar as such elevations rise more than 100 meters above the surrounding area; within a radius of 10 kilometers of the reference point of the airdrome, the height of * the reference point of the airdrome shall be deemed to be the height of the surrounding area. Artiele 15 (1) Articles 12 to 14 shall apply accordingly to trees, power lines, masts, dams, and other installations and devices. Article 12, para- graph (2) shall apply accordingly to pits, installations of canalization ~tnd similar depression in the ground. (2) Tl1e erection of obstacles to aviation mentioned in paragraph (1) shall be subject to authorization. If the authorization is granted by an authority other than the agency granting building permits, the consent of the aviation authorities shall be required. i~ no other authorizing authority is provided for, the authorization of the avia- tion authorities shall be required. Article 16 (1) The owner and other titleholders shall permit upon request of the aviation authorities that buildings and other obstacles to aviation (Article 15) which exceed the height permitted by Articles 12 to 15, be reduced to the prescribed height. In the case of Article 15, para- PAGENO="0463" AIR LAWS AND TREATIES OF THE WORLD 457 graph (1), second sentence, this obligation shall extend to permission for removal of depressions. If , in a particular case, the reduction or removal of obstacles to aviation is not feasible, the taking of measures necessary for the safety of aviation must be permitted. (2) The right of the owner or other titleholder and any obligation existing under other legal provisions to take such measures at their own expense, shall not be affected. Article 17 In the case of authorization of landing areas and glider landing areas the aviation authorities may provide that the agency having jurisdiction to grant building permits permit the erection of buildings within a radius of 1.5 kilometers of the point corresponding to the ref- erence point of the airdrome only with the consent of the aviation au- thorities (area subject to limited building restrictions). Article 12, paragraph (4), 13, 15, and 16 shall be applicable accordingly to the area subject to limited building restrictions. Article 18 The extent of the area subject to building restrictions shall be made known or made public in the usual manner to the owners of property within the areas subject to building restrictions and to others entitled to the use or usufruct of such property and to the mortgages thereof insofar as they are known to the authority having jurisdiction or may be found in the land register. Article 19 (1) If the owner or other person entitled thereto suffers any finan- cial detriment caused by measures taken under Articles 12 and 14 to 17, an adequate compensation in money shall be paid therefor. Thereby the loss of use, damage to, or destruction of the property shall be taken into consideration and the interests of the public and the persons concerned shall be equitably balanced. For financial detriment which are not directly connected with the restriction, com- pensation shall be paid to the persons mentioned in the first sentence if and to the extent that this appears equitable to avoid or compensate for undue hardship. (2) If the person entitled thereto omits a modification of the usu- fruct which is imputable to him, the compensation shall be diminished by the value of the income that would have accrued to him if he had exercised the modified usufruct. (3) If buildings or other obstacles to aviation (Article 15) whose removal or modification without compensation may be ordered under the law in force are removed or modified in whole or in part by the measures under Article 16, a compensation shall be paid only if it is deemed advisable for reasons of equity. If they are permitted for a limited time and the term has not expired, a compensation shall be paid according to the relative length of the remaining time to the whole term. (4) Mortgagees who are not entitled to the use or usufruct of the property shall have redress from the compensation of the owner in accordance with Articles 52 and 53 of the introductory law (Einfiih- rungsgesetz) to the Civil Code. (5) The compensation shall be paid by the contractor of the air- drome in the cases of Article 12 and by the operator of the airport in PAGENO="0464" 458 AIR LAWS AND TREATIES OF THE WORLD the cases of Article 17. Insofar as the measures mentioned concern property or other things outside the areas subject to building restric- tions provided for in Articles 12 and 17, the compensation shall be paid by the federal government if they were measures for the safety of aviation, and by the States in other cases. (6) Otherwise the provisions of Articles 13, paragraph (2), 14, 15, 17 to 25, 31 and 32 of the law on restricted areas (Schutzbereichge- setz) of December 7, 1956 (Official Gazette, BGB1. I, p. 899) shall apply accordingly. Section 3-Air Carriers and Aviation Events Article 20 (1) Enterprises which commercially transport persons or goods in aircraft (air carriers) must have authorization therefor. Commercial use of aircraft for other purposes shall also be subject to authorization. The authorization may be made dependent on conditions and may be for a limited time. Further, subject to authorization shall be the trans- portation of persons and goods by a.ircraft when the agreed compensa- tion consists of payment of the cost of the flight; the transportation of persons in aircraft which are licensed for a maximum of four persons shall be excepted therefrom. (2) The authorization shall be denied when facts justify the as- sumption that public safety or order may be endang'~red and particu- larly when the applicant or the persons responsible for the manage- ment of the enterprise are not reliable; if such facts appear at a later time, the authorization shall be revoked. The authorization may also be denied when aircraft are to be used which are not registered in the German aircraft register. Article 21 (1) Air carriers which publicly and regularly transport persons or goods by aircraft on regular air routes (scheduled air line traffic) must have a special authorizatibn for each air route in addition to the au- thorization required under Article 20. It extends to flight plans, flight rates, and conditions of transportation. Article 20 shall apply accord- ingly to its granting and its revocation. Such authorization may also be denied when the public interest is adversely affected by the air line traffic for which application is made. (2) Air carriers engaged in air line traffic shall be obligated to estab- lish, begin and maintain for the time of authorization such activity. The authorizing authority may relieve the enterprises from this ob- ligation upon their request when the continuation of such activity may no longer be expected from them. The authorization shall terminate when the enterprises are permanently relieved of the whole obligation to maintain such activity. (3) Air carriers engaged in air line traffic, upon demand by the federal German postal authorities, shall be obliged to transport postal matter on each scheduled flight for an adequate compensation which shall not exceed the maximum rates fixed by the world postal con- vention. Article 22 For commercial air traffic which is not air line traffic (nonscheduled traffic) (Gelegenheitsverkehr) the authorizing authority may impose PAGENO="0465" AIR LAWS AND TREATIES OF THE WORLD 459 conditions and limitations or prohibit transportation insofar as the public transportation interests may be adversely affected by such air traffic. Article 23 The commercial transportation of persons or goods by aircraft between domestic points may be reserved to German air carriers. Article 24 (1) Public competition or exhibition events in which aircraft or parachutists participate (aviation events) (Luftfahrtveranstal- tungen) must be authorized. The authorization may be subject to conditions and may be for a limited time. (2) The authorization shall be denied when facts justify the as- sumption that public safety or order may be endangered by the event. Section 4-Traffic Regulations Article 25 (1) Aircraft may take off and land outside the airports licensed for them only when the owner of the property or other titleholder has consented and the aviation authorities granted permission. This shall not apply to the landing of free balloons. The permission may be granted permanently as for a single instance, and may be given subject to conditions or for a limited time. (2) The consent and permission specified in paragraph (1) shall not be necessary when the landing is required for reasons of safety. In such case and in the case of landing of free balloons the crew of the aircraft shall be obliged to give information concerning the name and domicile of the operator, the aircraft commander, and the insurer to the person entitled thereto. After such information has been given,~ the titleholder may not prevent the takeoff or removal of the aircraft. (3) The titleholder may demand compensation for the damage caused him by the takeoff or the landing in accordance with Articles 33 to 43 which shall apply accordingly. (4) Paragraph (1) first and third sentences, and paragraphs (2~ and (3) shall apply accordingly. Article 26 (1) Certain areas of the airspace may be temporarily or perma- nently closed to air traffic (prohibited airspace areas) (Luftsperr- gebiete). (2) The crossing of certain areas of the airspace by aircraft may be made subject to special limitations (area.s with flight limitations) (Gebiete mit Luftbeschränkungen). Article 27 (1) Weapons, ammunition, explosives, poison gases, nuclear fuels or other radioactive materials and other articles that have been de- clared dangerous by a legal provision as well as radio equipment may be transported only with the permission of the authorities. The pro- vision concerning transportation of nuclear fuels or other radioactive materials shall not be hereby affected. (2) Outside the airline routes photographs may be taken from an aircraft only with the permission of the authorities. Photographs 67717 O-6i-~---3O PAGENO="0466" 460 AIR LAWS AND TREATIES OF THE WORLD made outside the airline routes from an aircraft, and drawings or rep- resentations made therefrom shall be made public only with the per- mission of the authorities. (3) The pern'iission mentioned in paragraphs (1) and (2) may be granted generally or for a single, case; it may be subject to conditions and may be for a limited time. Section 5-Expropriation Article 28 (1) Expropriation shall be permissible for ~urposes of civil avia- tion. (2) Until a federal expropriation law is passed, the proceedings of expropriation shall be governed accordingly by the provisions of Article 2 and the second and third part, and Articles 67, 68, 71, 73 and 74 of the law on procurement of land (Landbeschaffungsgesetz) of February 23, 1957 (Official Gazette, BGB1. I, p. 134) subject to the following provisions: 1) In direct connection with expropriation for purposes of aviation, an expropriation for granting a compensation in the form of land shall be permitted~ 2) As an exception from Article 11, paragraph (1) of said law, the request for proceedings of expropriation shall be made by the person who desires expropriation in his favor. 3) If the request for proceedings of expropriation is made by anyone other than the federal government, the provisions of said law which mention the federal government shall apply to the per- son making the request in lieu of the federal government. 4) The plan approved in accordance with Articles 8 to 10 shall be the basis of the expropriation proceedings and shall be binding on the authorities making the expropriation. Section 6-General Provi$ion$ Article 29 (1) The prevention of dangers to the safety of air traffic and to public safety or order by air traffic (supervision of air traffic) (Luft- aufsicht) shall be `incumbent upon the aviation authorities. They may make regulations in exercise of such supervision of air traffic. (2) The aviation authorities may delegate these tasks to other agencies or use other suitable persons as auxiliary agency for certain tasks in the exercise of supervision of air traffic. (3)' The responsible aircraft commander shall take the measures suitable to maintain safety and order aboard during the flight or for taking off and landing. All persons on board shall obey the order necessary therefor. Article 30 (1) The federal armed forces, the federal border guards and the police, with due consideration of public safety or order, may disregard the provision of the first part of this law except for Articles 12, 13, and 15 to 19, and the regulations made for its application to the extent that it is necessary for the accomplishment of their particular tasks. The proceedings for approval of a plan specified in Article 8 shall be omitted when military airports are to be established or modified. Ex- PAGENO="0467" AIR LAWS AND TREATIES OF THE WORLD 461 ceptions from the provisions conce.rning acts in the airspace shall be permitted only to the extent that there is a compelling necessity for the exercise of sovereign functions. Articles 6 to 10 also shall not be affected by the exceptional powers of the police. (2) The federal minister of defense shall make the admrnistrat-ive decisions necessary for the application of this law and the provisions made for its application insofar as the federal armed forces are con- cerned. The same shall apply to administrative decisions which are necessary for the authorization and the operation of airports of the armed forces [of other powers] stationed [in the federal Republic] (Stationierungsstreitkräfte). In the case of military airports the au- thorities of the administration of the armed forces shall take the place of the aviation authorities mentioned in -Articles 12, 13, and 15 to 19. (3) In the establishment, and substantial modification of military airports on land which need not be procured by measures taken in accordance with the law on procurement of land, the requirements of area planning, especially those of civil air traffic, shall be duly con- sidered after the governments of the States which are conc.erned with the establishment or modification have been hea.rd. The federal min- ister of defense may overrule the position of these States only with the concurrence of the federal minister of transportation; he shall in- form the government of the States concerned of his decision. If land for the establishment, and substantial modification of military airports is procured in accordance with the provisions of the law on procure- ment of land, the hearing procedure ac.cording to Article 1, paragraph 2 of the law on procurement of land shall apply; in particular, the requirements of civil air traffic shall duly be considered in connec.tion therewith. Article 31 - The jurisdiction in regard to the accomplishment of the tasks re- sulting from this law shall be regulated by a special law to the extent to which such regulation is not made in this or in other laws. Article 3~ (1) The federal minister of transportation, with the consent of the federal couhcil (Bundesrat) shall make the regulations necessary for the application of this law concerning 1) acts in the airspace and on the ground, particularly prepa- rations for flight, acts in taking off and landing, use of airdromes and avoidance of excessive noise caused by aircraft in the air and on the ground, 2) the requiremeiits for the construction, equipment and oper- ation of aircraft and other flight instrumentalities, and further, the registration and marking of aircraft, 3) the classification, size, location, characteristics, equipment and operation of airports and further the prevention of disrup- tion of the devices for air safety, - 4) the persons who must. have a permission in accordance with this law, including iiist.ruct.ors and the requirements for qualifica- tion and suitability of such persons a.nd further the procedure for obtaining such permissions and licenses and their revocation or limitation, PAGENO="0468" 462 AIR LAWS AND TREATIES OF THE WORLD 5) the training of airmen and parachutists and the operation of schools for airmen, 6) the reporting of air accidents and disruption of air traffic, the technical examination thereof and further the search and rescue service for aircraft, 7) the definition of the term "dangerous articles" and the transportation of dangerous articles aboard aircraft, 8) the measures necessa.ry within the framework of air super- vision and application thereof, 9) the conditions and the procedure for closure of, and restric- tions on, areas of the air space, for the granting of the authoriza- tions, licenses and permission provided for in this law, and for ex- emptions therefrom, 10) the obligation to carry documents (board papers) in air- craft and the contents thereof, 11) the conditions and the procedure for obtaining permission to take photographs commercially or in a single instance, the con- ditions and the procedure for the release of photographs and fur- ther the special safety measures for aerial photography, 12) the measures necessary in connection with the obligations of insurance or of deposit in accordance with this law, 13) the cost (fees and expenses) of administrative acts and ex- aminations within the scope of the air administration and of the recognized authorities for examination. Regulations concerning numbers 3, 5 and 13 shall be made with the concurrence of t.he federal minister of finances, regulations concerning number 11 shall be made with the concurrence of the federal minister of defense. Regulations concerning number 9, insofar as they con- cern authorization of flight rates, and concerning number 13 shall be made with the concurrence of the federal minister of economic af- fairs; the provisions of the general law on price regulation shall not be affected. (2) The federal minister of the interior and the federal minister of transportation with the consent of the federal council shall make the regulations concerning the prevention of transmsision of conta- geous diseases by air traffic, that are necessary for the application of this law. (3) Regulations shall not be subject to the consent of the federal council when they serve for the application of rules and recommenda- tions of the International Civil Aviation Organization (ICAO). The same shall apply to the making of rules for the construction, examina- tion and operation of flight instrumentalities which are proposed to the federal minister of transportation by the committee contemplated in Article 5, paragraph (2) of the law on the federal aviation author- ity (Luftfahrt-Bundesamt) of November 30, 1954 (BGB1, I, p. 354). The federal minister of transportation may transfer to subordinate agencies the right of regulating technical details necessary for the ap- plication of the rules for construction, examination and operation. (4) The federal minister for postal affairs, telephones and tele- graph, with the concurrence of the federal minister of transportation, may make regulations concerning the acquisition of aerial radio opera- tors licenses. Such regulations may be made without the consent of the federal council. PAGENO="0469" AIR LAWS AND TREATIES OF THE WORLD 463 (5) The federal minister of transportation, with the consent of the federal council, shall make the general administrative rules necessary for the application of this law and the regulations made thereunder. PART TI-LIABILITY Section 1-Liability for persons and goods `not tra?wported in the aircraft Article 33 (1) When a person is killed, or his body or his health is injured or property is damaged due to an accident occurring in the operation of an aircraft, the operator of the aircraft shall be liable for the damage. Liability arising from a carriage contract and liability of the operator of military aircraft shall be governed by the special provisions of Articles 44 to 54. Any one who trains other persons as airmen shall be liable to such persons in accordance with the general legal provisions. (2) Anyone who uses an aircraft without the knowledge and con- sent of the operator shall be liable for any damage in the place of the operator. The operator shall be severally liable for the damage when the use of the aircraft has been made possible through his fault. However, when the user is employed by the operator for the opera- tion of the aircraft or when he has otherwise been entrusted with the aircraft by the operator, the operator shall be liable for the damage; the liability of the user in accordance with the general legal pro- visions shall not be affected. Article 34 When the damage has been partly caused by the fault of the in- jured person, Article 254 of the Civil Code shall apply; in the case of damage to property the fault of the person who is in possession thereof shall be deemed the fault of the injured person. Article 35 (1) When someone is killed the damages shall include the costs of attempted healing and further of such financial detriment that the person killed has suffered by the fact that during the illness his eam- ing capacity has been lost or diminished or his advancement been impeded or his needs been increased. Furthermore, the funeral ex- penses shall be repaid to the person who is liable for them. (2) When the person killed at the time of the accident was in a relationship to a third person by which he was liable or could have become liable for the support of such third person by operation of law, and when such third person has lost the right to support because of such death the person liable for tue damage shall compensate him to the extent to which the person killed would have owed him support for the probable duration of his lifetime. Such liability shall also exist when the third person has been conceived but has not been born at the time of the accident. Article 36 In the case of injury to body or health the damages shall include the costs of healing and further of such financial detriment that the injured person has suffered by the fact that due to the injury his PAGENO="0470" 464 AIR LAWS AND TREATIES OF THE WORLD earning capacity has been temporarily or permanently lost or dimin- ished or his advancement been impeded or his needs been increased. Artiele 37 (1) The person liable for damages shall be liable for each accident- (a) for aircraft of less than one thousand kilograms gross weight (Fluggewicht) up to one hundred thousand German marks, (b) for aircraft of more than one thousand but less than two thousand five hundred kilograms gross weight up to one hundred and seventy five thousand German marks, (c) for larger aircraft up to seventy German marks for each kilogram of gross weight, to a maximum of five hundred and fifty thousand German marks. Gross weight shall be deemed the maximum flight weight permis- sible for the licensing of the aircraft. (2)A third of the amount calculated in accordance with paragraph (1) shall be applied to pay damages for injury to property, two-thirds shall be applied to pay damages for injuries to persons. Amounts hereunder provided for the payment of damages for injury to property which are not used therefor, may be used for injuries to persons. The maximum amount of damages for each person injured shall be five hundred and fifty thousand German marks. (3) When an annuity is paid in lieu of a cash amount, the cash value of such annuity shall not exceed the maximum amounts specified in paragraphs (1) and (2). (4) When the payment for damages due several persons because of the same event exceed the maximum amounts specified in para- graphs (1) and (2)' the payment to each person shall diminish in the same ratio as that of the total amount to the maximum amount. Article 38 (1) Damages for loss or diminution of earning capacity, impeding of advancement or increase in the needs of the injured person and the damages due a third person in accordance with Article 35, par. (2) shall be paid for the future in form of an annuity. (2) Article 843, par. 2 to 4 of the Civil Code and Article 708 no. 6 of the Code of Civil Procedure shall apply accordingly. For the annuity payable to the injured person, Article 850b, par. 1, no. 1 and for the annuity payable to the third person, Article 850b, par. 1, no. 2 of the Code of Civil Procedure shall apply accordingly. (3) In the case of judicial award of an annuity the person entitled thereto may at a later date demand the deposit of, or the increase in, a bond when the financial situation of the person who is liable has substantially deteriorated. This provision shall apply accordingly to debentures provided for in Article 794 no. 1 arid 5 of the Code of Civil Procedure. Article 39 (1) Damage claims under Articles 33 to 38 may not be maintained more than two years after the person entitled to the damages has received knowledge of the damage and of the person liable for the damage and regardless of such knowledge thirty years from the date of the accident. PAGENO="0471" AIR LAWS AND TREATIES OF THE WORLD 465 (2) When negotiations concerning damages are in progress between the person liable for the damages anc the person entitled thereto, the statute of limitations shall not begin to run until one of the parties refuses to continue such negotiations. (3) Otherwise the statute of limitations shall be governed by the provisions of the Civil Code. Article 40 The person entitled to damages shall lose the rights to which he is entitled under this law when he does not notify the person liable there- for within three months from the time when he has received knowledge of the damage and of the person liable therefor. Such loss of rights shall not occur when notification is omitted by reason of circumstances not imputable to the person entitled to damages, or when within such time limit the person liable for damages has received knowledge of the accident in some other manner. Article 41 (1) When damage is caused by several aircraft and when the oper- ators of the aircraft are liable by law for damages to a third person, the relationship of the operators to each other as to liability for dam- ages and the extent t.hereof shall depend on the circumstances and in particular on whether the damage has been preponderantly caused by one or the other. The same shall apply to damage caused to one of the operators in regard to the liability of any of the other operators. (2) Paragraph (1) shall apply accordingly when in addition to the operator another person is liable for the damage. Article 42 The provisions of the federal law shall not be affected under which the operator or user (Art. 33, par. 2) is liable for damage caused in the operation of an aircraft to a greater extent or under which the commander or another person is liable. Article 4$ (1) In order to secure the damage claims mentioned in this section the operator of the aircraft shall be under a duty to take out liability insurance in an amount to be determined by regulation or to give a guarantee by deposit of money or securities. This shall not apply when the federal government is the operator. (2) When the security is diminished or exhausted by the satisfac- tion of damage claims it shall be replenished to the origina~I amount within one month from the time of demand. (3) Return of the guarantee may not be requested until the enter- prise has been given up and four months have passed since then. The claim therefor shall be limited to the amount remaining after satis- faction of the damage claims. Return may be requested before expi- ration of the time when it is substantiated that no damage claims exist. Section 2-Liability ari.sing from the carriage contract Article 44 (1) When a passenger is killed, bodily injured or otherwise dam- aged in his health aboard an aircraft or when entering or leaving an aircraft, the aircarrier shall be liable for the damage. The same shall PAGENO="0472" 466 AIR LAWS AND TREATIES OF THE WORLD apply to any damage caused to property which the passenger either wears or has with him. (2) The air carrier shall also be liable for any damage caused dur- ing the air carriage to goods transported or to hold baggage. Air carriage should include the time during which the goods or the bag- gage are at an airport, aboard an aircraft or, if a landing is made out- side an airport, are otherwise in the custody of the air carrier. Article 45 There shall be no liability of the air carrier under Article 44 if he proves that he and his employees have taken all measures necessary to prevent the damage or that they could not take such measures. Article 46 (1) In the case of death of, or injury to, a person transported the air carrier shall be liable up to an amount of thirty-five thousand German marks for each person. This shall also apply to the cash value of an annuity that has been granted as compensation. (2) In the case of loss of, or damage to, property transported the air carrier shall be liable up to an amount of seventy German marks per kilogram. This limitation shall not apply when the sender has declared the actual value of the piece when sending it and has paid the supplement agreed upon. In such case the air carrier shall pay damages up to the amount of the actual value declared unless he proves that the value declared is higher than the damage which ac- tually accrued. (3) The liability of the air carrier for things which the passenger wears or has with him shall be limited to a maximum amount of one thousand four hundred German marks for each passenger. Article 47 Otherwise Articles 34 to 36, and 38 to 40 shall apply to the liability of the air carrier for damages to persons or property transported. Article 48 (1) A claim for damages against the air carrier must be made according to the provisions of this section. However, when the dam- age has been caused intentionally or by the gross negligence of the air carrier or one of his employees in the exercise of their functions, their liability under the provisions of general law shall not be affected; in such case the limitation on liability provided for in this law shall not apply. (2) Furthermore, the legal provisions according to which the air- craft commander or other persons are liable for the damages shall not be affected. Article 49 (1) Air carriers may not by contract in advance exclude or limit the liability according to Articles 44 to 48. This shall also apply to other operators of aircraft who transport in an aircraft passengers for pay or in connection with their profession or trade. (2) An agreement which is contrary to the provision of paragraph (1) shall be voided; this shall not void any other provisions of the contract. PAGENO="0473" AIR LAWS AND TREATIES OF THE WORLD 467 Article 50 Air carriers shall be under a duty to insure passengers against acci- dents (Article 44). The minimum amount of such insurance shall be thirty-five thousand German marks for death or permanent total dis- ability. Any claim for damages shall be considered satisfied to the extent that it is paid by such accident insurance. Article 51 When the damage is caused during an international air carriage in the sense of the First Agreement for the Unification of Private Air Law of October 12, 1929 (Reichsgesetzbl. 1933, II, p. 1039) that agreement and the law of iDecember 15, 1933 (Reichsgesetzbl. I, p. 1079) passed for its application, shall apply. Article 52 When shipments that are mailed at federal post offices are trans- ported by aircraft the liability shall be governed exclusively by the provisions of the postal law. Section 3-Liability for military aircraft Article 53 (1) For damages of the kind mentioned in Article 33 caused by military aircraft, the operator shall be liable in accordance with the provisions of the first section of this part except that Article 37 shall not apply. (2) When the person killed or injuied was liable by law to render services to a third person in the house or business of such person, the operator of the military aircraft shall pay damages in form of an annuity to the third person for services lost. (3) In the case of injury to body or health the injured person may also demand an equitable compensation in money for damage other than monetary damage. Such claim may not be transferred and shall not pass to the heirs except when it has been recognized by contract or an action is pending for it. Article 54 When a person or property suffers damage of the kind specified in Article 44 while being transported in a military aircraft the operator of the aircraft shall be liable for damages. Such liability may not in advance be excluded or limited by contract. Articles 46 to 48 shall apply. Section 4-General provisions for liability Article 55 The provisions of the federal insurance law (Reichsversicherungs- ordnung) concerning accident insurance of persons employed in the business of the operator of the aircraft shall not be affected. This shall also apply to other provisions concerning damage by accidents according to the civil service laws of the federal government and the governments of the States and the pension laws of the federal armed forces. PAGENO="0474" 468 AIR LAWS AND TREATIES OF THE WORLD Article 56 (1) The court of the district in which the accident has occurred shall have jurisdiction in actions brought in accordance with this part. (2) The court of the place of destination shall have concurrent jurisdiction in actions brought in accordance with Article 44. Article 57 The provisions of the first and third sections of this part shall apply accordingly to the operation of parachutes that are used for purposes of training and exhibit or for the dropping of goods. - PART Ill-ORIMINAL PROVISIONS Article 58 (1) Any person shall be deemed to commit an unlawful act who with intent or negligently- 1) violates the regulations passed within the framework of aerial supervision (Article 29), 2) undertakes to train airmen or parachutists without the li- cense specified in Article 51 par. (1), 3) establishes, substantially enlarges, modifies or operates an airdrome without the authorization required by Article 6, par. (1) and (4), 4) erects, without authorization, obstacles to aviation which re- quire authorization in accordance with Article 15, par. (2), 5) operates air carriers or uses aircraft without the authoriza- tion required by Article 20, par. (1) 6) operates air lines without the authorization required by Ar- ticle 21, 7) undertakes occasional air carriage in violation of the condi- tions and limitations provided for in Article 22, or of express prohibitions, 8) organizes air events without the authorization required in Article 24, par. (1), 9) does not comply with the duty to give information in accord- ance with Article 25, par. (2), 10) violates a legal provision passed in accordance with Article 32 when such regulatio~. specifically refers to this criminal pro- vision, 11) violates the written limitations on a permission granted in accordance with Article 5, par. (1) or an authorization granted in accordance with Article 6, par. (1), Article 20, par. (1), Ar- ticles 21, 22, 24, par. (1), or Article 27, par. (3), when specific reference was made therein to this criminal provision, 12) flies into or out of the territory in which t.his law applies without a permission granted in accordance with Article 2, par. (6) and (7) 13) viola.tes any legal provision passed before the coming into force of this law for the safeguarding of public safety or order iii the flight and operation of aircraft. (2) Such unlawful act (Ordnungswidrigkeit) may be punished by a fine. In the case the violation was committed with intent, the maxi- mum amount shall be in the cases of paragraph (1), no. 1, 3, 4, and 9 to PAGENO="0475" AIR LAWS AND TREATIES OF THE WORLD 469 13, five thousand German marks, in the cases of paragraph (1), no. 2, and 5 to 8, ten thousand German marks. (3) In the case of a negligent violation the maximum amount of the fine shall be one half of the maximum amount applicable to a viola- tion committed with intent. Article 59 (1) Any person who endangers the safety of air traffic by violating, in a manner that is grossly negligent or reckless, any regulation passed within the framework of aerial supervision (Article 29) or violates any legal provision passed in accordance with Article 32 and thereby creates a danger to the public (Article 315, paragraph 13, of the Crim- inal Code) shall be punished by imprisonment. (2) Any person who negligently commits the acts specified in para- graph (1) shall be punished by imprisonment up to two years or by a fine. Article 60 (1) Any person who with intent- 1) conducts an aircraft which is not licensed for air navigation or as operator permits a third person to conduct such an aircraft, 2) conducts or operates an aircraft without the license granted in accordance with Article 4, paragraph (1) or as operator of an aircraft authorizes to conduct or operate such aircraft any third person who has not been granted such license, 3) gives practical flight instruction without an instructor's li- cense granted in accordance with Article 5, paragraph (3), 4) as commander of an aircraft takes off or lands without au- thorization outside of airports (Article 25, paragraph (1)), 5) without permission transports goods aboard an aircraft when their transportation is subject to permission in accordance with Article 27, paragraph (1) shall be punished by imprisonment up to two years and by a fine, or by one of these penalties. (2) Any person who negligently commits any of the acts mentioned in paragraph (1) shall be punished by imprisonment up to three months or by a fine. Article 61 Any person shall be deemed to commit an unlawful act who without permission of the competent authority- 1) takes a photograph from an aircraft outside a regular air route, or 2) makes public a photograph which has been made from an aircraft outside a regular air route or a drawing or,~epresentation made therefrom. 7 (2) Such unlawful act and the attempt to commit~ich unlawful act may be punished by a fine upto five thousand German marks. (3) Impounding of the photographic equipment and of photo- graphs, drawings and representations shall be permissible in accord- ance with Articles 17 to 26 of the law concerning unlawful acts. When the objects do not belong to the person committing, or partici- pating in, the unlawful act, they may also be impounded, other than PAGENO="0476" 470 AIR LAWS AND TREATIES OF THE WORLD in cases of Article 19 of the law concerning unlawful acts, when the public interest requires it. Article 23 of the law concerning unlawful acts shall apply accordingly to a proprietor. Article 6~2 (1) Any person who as pilot of an aircraft violates the regulations concerning prohibited areas of the airspace and areas subject to flight restrictions shall be punished by imprisonment up to two years and by a fine, or by one of these penalties, provided, however, that the act is not subject to a more severe penalty under other provisions. (2) Any person who negligently commits any act specified in para- graph (1) shall be punished by imprisonment up to three months or by a fine. OTHER Am LAWS AND REGULATIONS IN FoRci~ IN GERMANY (Jan. 1, 1961) A. Laws 1. Law concerning prohibition of attachment of aircraft of March 17, 1935 (BGB1. I, p. 385). 2. Law concerning rights in aircraft, of F~bruary 26, 1959 (BGB1. I, p. 57). Correction of Law concerning rights in aircraft, of March 25, 1959 (BGB1. I, p. 223). 3. Law concerning the Federal Institute for Flight Safety, of March 23, 1953 (BGB1. I, p. 70). 4. Law concerning the Federal Aviation Agency, of November 30, 1954 (BGBJ. I, p. 354). B. Regulations 1. Regulations concerning air traffic (Luft VO) as published on August 21, 1936 (BGB1. I, p. 633), amendments thereto: First amendment, of March 31, 1937 (RGB1. I, p. 432) Second amendment, of July 12, 1937 (RGB1. I, p. 815) Third amendment, of Dec. 15, 1937 (RGB1. I, p. 1387) Fourth amendment, of Sept. 30, 1938 (RGB1. I, p. 1327) Fifth amendment, of Aug. 21, 1959 (BGB1. I, p. 749) Sixth amendment, of Nov. 5, 1954 (BGB1. I, p. 302) Seventh amendment, of June 21, 1955 (BGB1. I, p. 321) Eighth amendment, of Sept. 15, 1957 (BGB1. I, p. 1371) Regulations concerning testing of flight instrumentalities, of Aug. 21, 1936 (Air News [Nachrichten für Luftfahrer] p. 639). Regula- tions concerning foreign flight instrumentalities, of Aug. 19, 1953 (BGB1. I, p. 1133). Regulations concerning examination of flight personnel, of June 21, 1955 (BG-Bl. I, p. 324) 2. Regulations concerning rules of air navigation, of June 4, 1953 (Federal Register [Bundesanzeiger] No. 104/1953). Amendments thereto: Amendment of Nov. 18, 1954 (Federal Register No. 222/1954) Amendment of Jan. 22, 1959 (Federal Register No. 17/1959) 3. Air Customs Regulations, of May 5, 1941 (Reichsministerialblatt 1941, p. 111). PAGENO="0477" AIR LAWS AND TREATIES OF THE WORLD 471 Regulations concerning favorable customs treatment (Zollbegün- stigung) for the promotion of air navigation, of May 11, 1953 (Fed. Reg. No. 95/1953). Amendments thereto: Amendment of April 9, 1954 (Fed. Reg. No. 85/1954) Amendment of Feb. 14, 1956 (BGB1. I, p. 81) 4. Regulations for the prevention of transmission of contagious diseases by air traffic, of June 2, 1937 (RGB1. I, p. 611). 5. Regulation concerning establishment of air traffic statistics of March 12, 1959 (Fed. Reg. No. 5/1959). C. Other Regulations General administrative regulations concerning technical investiga- tion of accidents occurring in the operation of aircraft (Fed. Reg. No. 48/1958). Id. of Aug. 16, 1960 (Fed. Reg. No. 163/1960). D. Law's aiid Regulations Concerning the Effect of International Agreements 1. Law for the application of the First Convention for the Unifica- tion of Private Air Law (Warsaw Convention), of Dec. 15, 1933 (RGB1. I, p. 1079). Amendment thereto: Law amending air traffic liability of July 16, 1957 (BGB1. I, p. 710). 2. First regulations for the exchange rate of French francs in the application of the First Convention for the Unification of Private Air Law, of Nov. 4, 1957 (BGB1. I, p. 1784). 3. Law for the application of the Second Convention for the Uni- fication of Private Air Law (Rome Convention for the Attachment of Aircraft), of March 17, 1935 (RGB1. I, p. 385). Regulations concerning the effect of the Law concerning prohibition of attach- ment of aircraft of Jan. 8, 1937 (BGB1. I, p. 7). 4. Law concerning the application of amendments to the Interna- tional Civil Aviation Convention of September 1, 1959 (BGB1. II, p. 987). 5. Law concerning the application of the Convention in the Inter- national Recognition of Rights in Aircraft (Mortgage Convention) of April 22, 1960 (BGB1. II, p. 1506). PAGENO="0478" GREAT BRITAIN Piu~LIMINARY At present, two basic air laws are in force in Great Britain: the Civil Aviation Act, 1949 (12, 13 and 14 Geo. 6, c. 67), and the Air Cor- porations Act, 1949 (12, 13 and 14 Geo. 6, c. 91), as amended by the Air Corporations Act, 1953 (2 and 3 Eliz. 2, c. 7) and the Air Corpora- tions Act, 1956 (5 Eliz. 2, c. 3). The Civil Aviation Act, 1949 came into effect on November 24, 1949, and the Air Corporations Act, 1949, on December 16, 1949. The Civil Aviation Act, 1949 repeals and replaces prior Acts on civil aviation with the exception of the Carriage by Air Act, 1932 and the laws relating to Air Corporations. The latter is replaced by the Air Corporations Acts, 1949 to 1956. The main acts replaced by the Civil Aviation Act, 1949, are: the Air Navigation Act, 1920; the Air Navigation Act, 1936 (except sections 24, 26 and Fourth Schedule) ; the Air Navigation Act, 1938; the Ministry of Civil Aviation Act, 1945 and the Civil Aviation Act, 1946 (except as these two acts refer to Airways Corporations); the Air Navigation Act, 1947. The Air Corporations Acts, 1949 to 1956 replaced the following acts: the British Overseas Airways Act, 1939; the Ministry of Civil Aviation Act, 1945 (except as not repealed); the Civil Aviation Act, 1946 (except as not repealed); the Finance Act, 1947; the Airways Corporations Act, 1949. See also notes in Halsbury's Statutes of Eng- land, second ed., vol. 28 (1948-1949), pp. 192-311, and id. cumulative supplement (1957) pp. 102-120. In view of the British system, modifications in the Acts are indi- cated in footnotes. The texts of the Air Corporations Act, 1953 (2 and 3 Eliz. 2, c. 3), id., vol. 36, p. 52. For application of the Acts to parts of the British Isles and posses- sions, see Haisbury's Statutes of England, second ed., cumulative sup- plement (l957),pp. 102 to 120. 472 PAGENO="0479" [22 & 23 GE0. 5.] Car'riage by A~r [CR. 36.] Act, 1932. CHAPTER 36. An Act to give effect to a Convention for the A.D. 1932. unification of certain rules relating to iuter~ national carriage by air, to make provision for applying the rules contained in the said Conven~ tion, subject to exceptions, adap,4Ltions and modifications, to carriage by air w'~hich is not international carriage within the meaning of the Convention, and for purposes connected with the purposes aforesaid. [12th July 1932.] UTHEREAS a Convention for the unification of ~ ~ certain rules relating to international carriage by air was on thetwelfth day of October, nineteen hundred and twenty-nine, signed at Warsaw on behalf of His Majesty: And whereas it is expedient that provision should be made for giving effect to the said Convention: And whereas it is also expedient to make' provision for applying the rules contained in the said Convention, subject to exceptions, adaptations and modifications, to carriage by air which is not international carriage within the me&ning of the Convention: Be It therefore enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows 1.-(1) As from such day as His Majesty may by Provithons Order in Council certify to be the day on which the of Conven- tion to have force of law. 473 PAGENO="0480" 474 AIR LAWS AND TREATIES OF THE WORLD A.D. 1932. Convention comes into force as regards the United King- dom, thQ provisions thereof as ~`set out in the First Schedule to this Act shall, so far as they relate to the rights and liabifities of carriers, passengers, consignors, consignees and other persons and subject to the provi- sions of this section, have the force of law in the United Kingdom in relation to any carriage by air to which the Convention applies, irrespective of the nationality of the aircraft performing that carriage. (2) His Majesty "may by Order in Council from time to time certify who are the High Contracting Parties to the Convention, in respect of what territories they are respectively parties and to what extent they have availed themselves of the provisions of the Additional Protocol to the Convention, and any such Order. shall, except in so far as it has been superseded by a sub- sequent Order, be conclusive evidence of the matters so certified. 1 (3) Any reference in the said First Schedule to the territory of any High Contracting Party to the Con- vention shall he construed as a reference to the territories subject to his sovereignty, suzerainty, mandate or authority, in respect of which he is a party. (4) Any liabifity imposed by Article seventeen- of the said First Schedule on a carrier in respect of the death of a passenger shall be in substitution for any liability of the carrier in respect of the death of that passer~ger either under any statute or at common law, and the provisions set out in the Second Schedule to `this Act shall have effect with respect to the persons by and for whose benefit the liability so imposed is enforceable and with respect to the manner in which it may be enforced. (5) Any sum in francs mentioned in Article twenty- two of the said First Schedule.shall, for the purposes of any action against a carrier, be converted into sterling at the rate of exchange prevailing on the date on which the amount of any damages to be paid by the carrier is - ascertained by the cotirt. For Orders under Subsection (2) see the Carriage by Air (Parties to Convention) Order. 1951, 5. I. 1951, No. 1386, the Carriage by Air (Parties to Convention) (No. 2) Order, 1952, 5. I. 1952, No. 1344, the Carriage by Air (Parties to Convention) (No. 3) Order, 1952, S. I. 1952, No. 2105, the Carriage by Air (Parties to Convention) (No. 4) Order, 1953, S. I. 1953, No. 1675, the Carriage by Air (Parties to Convention) (No. 5) Order, 1955, 5. I. 1955, No. 697, the Carriage by Air (Parties to Convention) (No. 6) Order, 1956, 5. I. 1956, No. 83. PAGENO="0481" AIR LAWS AND TREATIES OF THE WORLD 475 2. Every High Contracting Party to the Con- A.D. 1932. vention who has not availed himself of the provisions of the additional Protocol thereto shall, for the purposes of ~ any action brought m a court in the TJmted Kmgdom m against accordance with the provisions of Article twenty-eight High Con- of the said First Schedule to enforce a claim in respect tracting of carriage undertaken by him, be deemed to have Parties who submitted to the jurisdiction of that court, and accord- ingly rules of court may provide for the manner in air. g y which any such action is to be commenced and carried on; but nothing in this section shall authorise the issue of execution against the property of any High Contracting Party. 3. His Majesty may by Order in Council direct that Application the foregoing provisions of this Act shall extend, subject of this Act however to such exceptions, adaptations and modifica- to colonies, tions, if any, as may be specified in the Order, to all or protC(itor any of the following territories, that is to say, the Isle of Man, any of the Channel Islands, any~ colony and any territory which is under His Majesty's protection, or in respect of which a mandate from the League of Nations is being exercised by His Majesty's Government in the United Kingdom.2 4. His Majesty may by Order in Council apply the Provision provisions of the First Schedule to this Act and any for applying provision of section one of this Act to such carriage by Act to air, not being international carriage by air as defined in the said First Schedule, as may be specified m the is not iniier- Order, subject however to such exceptions, adaptations national. and modifications, if any, as may be so specified. Any such order may extend to the United Kingdom, and to all or any of the territories mentioned in the last preceding section. 5,-(1) An Order in Council made under either of Provisions the two last preceding sections m~y contain such conse- as to Orders quential provisions as His Majesty in Council thjnks fit, in Council. and may be varied or revoked by a subsequent O~der in Council. (2) Every such Order in Couitdil shall be laid before Parliament so soon as may be after'it is made. 6. This Act may be cited as the Carriage by Air Short title. Acts 1932. _____________________ 2 For Orders under this and other sections of this Act see Haisbury's Statutes, Cumu- lative Supplement, 1957, pp. 103, 104. PAGENO="0482" 476 AIR LAWS AND TREATIES OF THE WORLD A.D.1932. SCHEDULES. FIRST SCHEDULE. CONVENTION FOR ~EE UNIFICATION OF CERTAIN RULES RELATING TO INTERNATIONAL CARRIAGE BY Ant. CHAPTER I. SCOPE.-DEFINITIONS. Article 1. (1) This Convention applies to all international carriage of persons, luggage or goods performed by aircraft for reward. It applies equally to gratuitous carriage by aircraft performed by an air transport undertaking. (2) For the purposes of this Convention the expression "international carriage" means any .carriage in which, according to the contract made by the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a transhipment, are situated either within the territories of two High Contracting Parties, or within the terri- tory of a single High Contracting Party, if there is an agreed stopping place within a territory subject to the sovereignty, suzerainty, mandate or authority of another Power, even though that Power is not a party to this Convention. A carriage without such an agreed stopping place between territories subject to the sovereignty, suzerainty, mandate or authority of the same High Contracting Party is not deemed to be international for the purposes of this Convention. (3) A carriage to be performed by several successive air carriers is deemed, for the purposes of this Convention, to be one undivided carriage, if it has been regarded by the parties as a single operation, whether it had been agreed upon under the form of a single contract or of a series of contracts, and it does not lose its international character merely because one contract PAGENO="0483" AIR LAWS AND TREATIES OF THE WORLD 477 or a series of contracts is to be performed entirely within & A.D. 1932. territory subject to the sovereignty, suzerainty, mandate or - authority of the same High Contracting Party. 1ST Sea. Article 2. (1) This Convention applies to carriage performed by the State or by legally constituted public bodies provided it falls within the conditions laid down in Article 1. (2) This Convention does not apply to carriage performed under the terms of any international postal Convention. CHAPTER II. DOCUMENTS OF CARRIAGE. SEcYnoN 1.-PASSENGER TICKET. Article 3. (1) For the carriage of passengers the carrier must deliver a passenger ticket which shall contain the following particulars :- (a) the place and date of issue; (b) the place of departure and of destination; (c) the agreed stopping places, provided that the carrier may reserve the right to alter the stopping places in case of necessity, and that if he exercises that right, the alteration shall no~ have the effect of depriving the carriage of its international character; (d) the name and address of the carrier or carriers; (e) a statement that the carriage is subject to the rules relating to liability established by this Convention. (2) The absence, irregularity or loss of the passenger ticket does not affect the existence or the validity of the contract of carriage, which shall none the less be subject to the rules of this Convention. Nevertheless, if the carrier accepts a passenger without a passenger ticket having been delivered he shall not be entitled to avail himself of those provisions of this Convention which exclude or limit his liability. SECTION 2.-LUGGAGE TICKET. Article 4. (1) For the carriage of luggage, other than small personal objects of which the passenger takes charge himself, the carrier must deliver a luggage ticket. (2) The luggage ticket shall be made out in duplicate, one part for the passenger and the other part for the carrier. PAGENO="0484" 478 AIR LAWS AND TREATIES OF THE WORLD &D. 1932. (3) The luggage ticket shall contain the following par- ticulars (a) the place and date of issue; (b) the place of departure and of destination; (c) the name and address of the carrier or carriers; (d) the number of the passenger ticket; (e) a statement that delivery of the luggage will be made to the bearer of the luggage ticket; (f) the number and weight of the packages; (g) the amount of the value declared in accordance with Article 22 (2); (h) a statement that the carriage is subject to the rules relating to liability established by this Convention. (4) The absence, irregularity or loss of the luggage ticket does not affect the existence or the validity of the contract of carriage, which shall none the less be subject to the rules of this Convention. Nevertheless, if the carrier accepts luggage without a luggage ticket having been delivered, or if the luggage ticket does not contain the particulars set out at (d) (f) and (h) above, the carrier shall not be entitled to avail himself of those provisions of the Convention which exclude or limit his liability. SECTION 3.-Aru CONSIGNMENT NOTE. Article 5. (1) Every carrier of goods has the right to require the con- signor to make out and hand over to him a document called an "air consignment note "; every consignor has the right to require the carrier to accept this document. (2) The absence, irregularity or loss of this document does not affect the existence or the validity of the contract of carriage which shall, subject to the provisions of Article 9, be none the less governed by the rules of this Convention. Article 6. (1) The air consignment note shall be made out by the consignor in three original parts and be handed over with the goods. (2) The first part shall be marked "for the carrier," and shall be signed by the consignor. The second part shall be marked "for the consignee"; it shall be signed by the consignor and by the carrier and shall accompany the goods. The third part shall be signed by the carrier and handed by him to the consignor after the goods have been accepted. PAGENO="0485" AIR LAWS AND TREATIES OF THE WORLD 479 (3) The carrier shall sign on acceptance of the goods. A.D. 1932. (4) The signature of the carrier may be stamped; that of the 1STSCH. consignor may be printed or stamped. -cont. (5) If, at the request of the consignor, the carrier makes out the air consignment note, he shall be deemed, subject to proof to the contrary, to have done so on behalf of the consignor. Article 7. The carrier of goods has the right to require the consignor to make out separate consignment notes when there is more than one package. Article 8. The air consignment note shall contain the following par- ticulars (a) the place and date of its execution; (b) the place of departure and of destination; (c) the agreed stopping places, provided that the carrier may reserve the right to alter the stopping places in case of necessity, and that if he exercises that right the alteration shall not have the effect of depriving the carriage of its international character; (d) the name and address of the consignor; (e) the name and address of the first carrier; (f) the name and address of the consignee, if the case so requires; (g) the nature of.the goods; (h) the number of the packages, the method of packing and the particular marks or numbers upon them; (i) the weight, the quantity and the volume or dimensions of the goods; (j) the apparönt condition of the goods and of the packing; (Ic) the freight, if it has been agreed upon, the date and place of payment, and the person who is to pay it; (1) if the goods are sent for payment on delivery, the price of the goods, and, if the case so requires, the amount of the expenses incurred; (m) the amount of the value declared in accordance with Article 22 (2); (n) the number of parts of the air consignment note; (o) the documents handed to the carrier to accompany the air consignment note; PAGENO="0486" 480 AIR LAWS AND TREATIES OF THE WORLD A.D. 1932. (p) the time fixed for the completion of the carriage and a brief note of the route to be followed, if these matters 1ST Sex. have been agreed unon~ `-cont. (q) a statement that the carriage is subject to the rules relating to liability established by this Convention. Article 9. If the carrier accepts goods without an air consignment note having been made out, or if the air consignment note does not contain all the particulars set out in Article 8 (a) to (i) inclusive and (q), the carrier shall not be entitled to avail himself of the provisions of this Convention which exclude or limit his liabifity. Article 10. (1) The consignor is responsible for the correctness of the particulars and statements relating to the goods which he inserts in the air consignment note. (2) The consignor will be liable for all damage suffered by the carrier or any other person by reason of the irregularity, incorrect- ness or incompleteness of the said particulars and statements. Article 11. (1) The air consignment note is prima facie evidence of the conclusion of the contract, of the receipt of the gooda and of the conditions of carriage. (2) The statements in the air consignment note relating to the weight, dimensions and packing of the goods, as well as those relating to the number of packages, are prima facie evidence of the facts stated; those relating to the quantity, volume and condition of the goods do not constitute evidence against the carrier except so far as they both have been, and are stated in the air consignment note to have been, checked by him in the presence of the consignor, or relate to the apparent condition of the goods. Article 12. (1) Subject to his liability to carry out all his obligations under the contract of carriage, the consignor has the right to dispose of the goods by withdrawing them at the aerodrome of departure or destination, or by stopping them in the course of the journey on any landing, or by calling for them to be delivered at the place of destination or in the course of the journey to a person other than the consignee named in the air consignment note, or by requiring them to be returned to the aerodrome of departure. He must not exercise this right of disposition in such a way as to prejudice the carrier or other consignors and he must repay any expenses occasioned by the exercise of this right. PAGENO="0487" AIR LAWS AND TREATIES OF THE WORLD 481 (2) If it is impossible to carry out the orders of the consignor A.D. 1932. the carrier must so inform him forthwith. 1s~ Soir. (3) If the carrier obeys the orders of the consignor for the ~ disposition of the goods without requiring the production of the part of the air consignment note delivered to the latter, he will be liable,without prejudice to his rightof recoveryfrom the consignor, for any damage which may be caused thereby to any person who is lawfully in possession of that part Of the air consignment note. (4) The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Article 13. Nevertheless, if the consignee declines to accept the consignment note or the goods, or if he cannot be communicated with, the consignor resumes his right of disposition. Article 13. (1) Except in the circumstancOs set out in the preceding Article, the consignee is entitled, on arrival of the goods at the place of destination, to require the carrier to hand over to him the air consignment note and to deliver the goods to him, on payment of the charges duo and on complying with the conditions of carriage set out in the air consignment note. (2) Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the goods arrive. (3) If the carrier admits the loss of the goods, or if the goods have not arrived at the expiration of seven days after the date on which they ought to have arrived, the consignee is entitled to put into force against the carrier the rights which flow from the contract of carriage. Article 14. The consignor and the consignee can respectively enforce all the rights given them by Articles 12 and 13, each in his own name, whether he is acting in hisown interest or in the interest of another, provided that he carries out the obligations imposed by the contract. Article 15. (1) Articles 12, 13 and 14 do not affect either the relations of the consignor or the consignee with each other or the mutual relations of third parties whose rights are derived either from the consignor or from the consignee. (2) The provisions of Articles 12, 13 and 14 can only be varied by express provision in the .air consignment note. Article P16. (1) The consignor must furnish 1such information and attach to the air consignment note such documents as are necessary to meet the formalities of customs, octroi or police before the goods can be delivered to the consignee. Th~ consignor is liable to the PAGENO="0488" 482 AIR LAWS AND TREATIES OF THE WORLD A.D. 1932. carrier for any damage occasioned by the absence, insufficiency or irregularity of any such information or documents, unless the 1ST SCH. damage is due to the fault of the carrier or his agents. (2) The carrier is under no obligation to enquire into the correctness or sufficiency of such information or documents. CHAPTER III. LIABILITY OF TILE CARRIER. Article 17. The carrier is liable for damage sustained in the event of the death or wounding of a passenger or any other bodily injury suffered by a passenger, if the accident which caused the damage so sustained took place on board the aircraft or in the course of any of the operations of embarking or disembarking. Article 18. (1) The carrier is liable for damage sustained in the event of the destruction or loss of, or of damage ~o, any registered luggage or any goods, if the occurrence which caused the damage so sustained took place during the carriage by air. (2) The carriage by air within the meaning of the preceding paragraph comprises the period during which the luggage or goods are in charge of the carrier, whether in an aerodrome or on board an aircraft, or, in the case of a landing outside an aerodrome, in any place whatsoever. (3) The period of the carriage by air does not extend to any carriage by land, by sea or by river performed outside an aerodrome. if, however, such a carriage takes place in the performance of a contract for carriage by air, for the purpose of loading, delivery or trans-shipment, any damage is presumed, subject to proof to the contrary, to have been the result of an eveiit which took place during the carriage by air. Article 19. The carrier is liable for damage occasioned by delay in the carriage by air of passengers, luggage or goods. Article 20. (1) The carrier is not liable if he proves that he and his agents have taken all necestary measures to avoid the damage or that it was impossible for him or them to take such measures. (2) in the carriage of goods and luggage the carrier is not liable if he proves that the damage was occasioned by negligent pilotage or negligence in the handling of the aircraft or in navi- gation and that, in all other respects, he and his agents have taken all necessary measures to avoid the damage. PAGENO="0489" AIR LAWS AND TREATIES OF THE WORLD 483 Article 21. A.]). 1932. If the carrier proves that the damage was caused by or contributed to by the negligence of the injured person the Court -coat. may, in accordance with the provisions of its own law, exonerate the carrier wholly or partly from his liabifity. Article 22. (1) In the carriage of passengers the liability of the carrier for each passenger is limited to the sum of 125,000 francs. Where, in accordance with the law of the Court seised of the case, damages may be awarded in the form of periodical payments, the equivalent capital value of the said payments shall not exceed 125,000 francs. Nevertheless, by special contract, the carrier and the passenger may agree to a higher limit of liability. (2) In the carriage of registered luggage and of goods, the liability of the carrier is limited to a sum of 250 francs per kilogram, unless the consignor has made, at the time when the package was handed over to the carrier, a special declaration of the value at delivery and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless he proves that that sum is greater than the actual value to the consignor at delivery. (3) As regards objects of which the passenger takes charge himself the liability of the carrier is limited~ to 5,000 francs per passenger. (4) The sums mentioned above shall ho deemed to refer to the French franc consisting of 65~ milligrams gold of millesimal jlneness 900. These sums may be converted into any national currency. in round figures. Article 23. Any provision tending to relieve the carrier of liabifity or to fix a lower limit than that which is laid down in this Convention shall be null and void, but the nullity of any such provision does not involve the nullity of the whole contract, which shall remain subject to the provisions of this Convention. Article 24. (1) In the cases covered by Articles 18 and 19 any action for ~.damages, however founded, can only be brought subject to the conditions and limits set out in this Convention. (2) In the cases covered by Article 17 the provisions of the preceding paragraph also apply, without prejudice to the ques- tions as to who are the persons who have the right to bring suit and what are their respective rights. PAGENO="0490" 484 AIR LAWS AND TREATIES OF THE WORLD A.D. 1932. Article 25. lsTScn. (1) The carrier shall not. be entitled to avail himself of the -cont. provisions of this Convention which exclude or limit his liabifity, if the damage is caused by his wilful misconduct or by such default on his part as, in accordance with, the law of the Court seised of the case, is considered to be equivalent to wilful misconduct. (2) Similarly the carrier shall not be entitled to avail himself of the said provisions, if the damage is caused as aforesaid by any agent of the carrier acting within the scope of his employment. Article 26. (1) Receipt by the person entitled to delivery of luggage or goods without complaint is prima facie evidence that the same have been delivered in good condition and in accordance with the document of carriage. (2) In the case of damage, the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage, and, at the latest, within three days from the date of receipt in the case of. luggage and seven days from the date of~ receipt in the case of goods. In the case of delay the complaint must be made at the latest within fourteen days from the date on which the luggage or goods have been placed at his disposal. (3) Every complaint must be made in writing upon the document of carriage or by separate notice in writing despatched within the times aforesaid. (4) Failing complaint within the times aforesaid, no action shall lie against the carrier, save in the case of fraud on his part. Article 27. In the case of the death of the person liable, an action for damages lies in accordance with the terms of this Convention against those legally representing his estate. Article 28. (1) An action ~or damages must be brought, at the option of the plaintiff, in the territory of one of the High Contracting Parties, either before the Court having jurisdiction where the carrier is ordinarily resident, or has his principal place of business, or has an establishment by which the contract has been made or before the Court having jurisdiction at the place of destination. (2) Questions of procedure shall be governed by the law of the Court seised of the case. PAGENO="0491" AIR LAWS AND TREATIES OF THE WORLD 485 Article 20. A.D. 1932. (1) The right to~ damages shall be extinguished if an action 1STSOH. is not brought within two years, reckoned from the date of -cont. arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped. (2) The method of calculating the period of limitation shall be determined by the law of the Court seised of the. case. Article 30. (1) In the case of carriage to be performed by various successive carriers and falling within the definition set out in the third paragraph of Article 1, each carrier who accepts passengers, luggage or goods is subjected to the rules set out in this Convention, and is deemed to be one of the contracting parties to the contract of carriage in so far as the contract deals with that part of the carriage which is performed under his supervision. (2) In the case of carriage of this nature, the passenger or his representative can take action only against the carrier who performed the carriage during which the accident or the delay occurred, save in the case where, by express agreement, the first carrier has assumed liabiliby for the whole journey. (3) As regards luggage or goods, the passenger or consignor will have a right of action against the first carrier, and the passenger or consignee who is entitled to delivery will have a right of action against the last carrier, and further, each may take action against the carrier who performed the carriage during which the destruction, loss, damage or delay took place. These carriers will be jointly and severally liable to the passenger or to the consignor or consignee. CHAPTER IV. PROVISIONS REr~rn~G TO COMBINED CAaRL&GE. Article 31. (1) In the case of combined carriage performed partly by air and partly by any other mode of carriage, the provisions of this Convention apply only to the carriage by air, provided that the carriage by air falls within the terms of Article 1. (2) Nothing in this Convention shall prevent the parties in the case of combined carriage from inserting in the document of air carriage conditions relating to other modes of carriage, provided that the provisions of this Convention are observed as regards the carriage by air. PAGENO="0492" 486 AIR LAWS AND TREATIES OF THE WORLD A.D. 1932. CHAPTER V. lsu Soir. GENERAL AND FD~AL PRovIsIoNs. -cent. Artiàle 32. Any clause contained in the contract and all special agree- ments entered into before the damage occurred by which the parties purport to infringe the rules laid down by this Conven- tion, whether by deciding the law to be applied, or by altering the rules as to jurisdiction, shall be null and void. Nevertheless for the carriage of goods arbitration clauses are allowed, subject to this Convention, if the arbitration is to take place within one, of the jurisdictions referred to in the first paragraph of Article 28. Article 33. Nothing contained in this Convention shall prevent the carrier either from refusing to enter into any contract of carriage, or from making regulations which do not conflict with the provisions of this Convention. Article 34. This Convention does not apply to international carriage by air performed by way of experimental trial by air navigation undertakings with the view to the establishment of a regular line of air navigation, nor does it apply to carriage p~rformed in extraordinary circumstances outside the normal scope of an air carrier's business. Article 35. The expression "days" when used in this Convention means curre~it days. not working days. Article 36. The Convention is drawn up in French in a single copy which shall remain deposited in the archives of the Ministry for Foreign Affairs of Poland and of which one duly certified copy shall be sent by the Polish Government to the Government of each of the High Contracting Parties. Article 37. (1) This Convention shall be ratified. The instruments of ratification shall be deposited in the archives of the Ministry for Foreign Affairs of. Poland, which will notify the deposit to the Government of each of the High Contracting Parties. (2) As soon as this Convention shall have been ratified. by five of the High Contracting Parties it shall come into force as between them on the ninetieth day after the deposit of the fifth PAGENO="0493" AIR LAWS AND TREATIES OF THE WORLD 487 ratification. .Thereafter it shall come into force between the High A.D. 1932. Contracting Parties who shall have ratified and the High Con- - tracting Party who deposits his instrument of ratification on the 1ST BcE. ninetieth day after the deposit. -cont. (3) It shall be the duty of the Government of the Republic of POland to notify to the Government of each of the High Contracting Parties the date on which this Convention comes into force as well as the date of the deposit of each ratification. Article 38. (1) This Convention shall, after it has come into force, remain open for accession by any State. (2) The accession shall be effected by a notification addressed to the Government of the Republic of Poland, which will inform the Government of each of the High Contracting Parties thereof. (3) The accession shall take effect as from the ninetieth day after the notification made to the Government of the Republic of Poland. Article 39. (1) Any one of the High Contracting Parties may denounce this Convention by a notification addressed to the Government of the Republic of Poland, which will at once inform the Govern- ment of each of the High Contracting Parties. (2) Denunciation shall take effect six months after the notification of denunciation, and shall operate only as regards the Party who shall have proceeded to denunciation. Article 40. (1) Any High Contracting Party may, at the time of signa- ture or of deposit of ratification or of accession çleclare that the acceptance which he gives to this Convention does not apply to all or any of his colonies, protectorates, territories under mandate, or any other territory subject to his sovereignty or his authority, or any territory under his suzerainty. (2) Accordingly any. High Contracting Party may sub- sequently accede separately in the name of all or any of his colonies, protectorates, territories under mandate or any other territory subject to his sovereignty or to his authority or any territory under his suzerainty which has been thus excluded by his~ original declaration. (3) Any High Contracting Party may denounce this Conven- tion, in accordance with its provisions, separately or for all or any of his colonies, protectorates, territories under mandate or any other territory subject to his sovereignty or to his authority, or any other territory under his suzerainty. PAGENO="0494" 488 AIR LAWS AND TREATIES OF THE WORLD A.D. 1932. Article 41. lsrx. Any High Contracting Party shall be entitled not earlier than -cont. two years after the coming into force of this Convention to call for the assembling of a new international Conference in order to consider any improvements which may be made in this Conven- tion. To this end he will communicate with the Government of the French Republic which will take the necessary measures to make preparations for such Conference. This Convention done at Warsaw on the 12th October, 1929, shall remain open for signature until the 31st January, 1930. [Here follow the signatures on behalf of the following countries Germany, Austria, Belgium, Brazil, Denmark, Spain, France, Great Britain and Northern Ireland, the Common- wealth of Australia, the Union of South Africa, Greece, Italy, Japan, Latvia, Luxembourg, Norway, the Nether- lands, Poland, Roumania, Switzerland, Czecho-Slovakia, the Union of Soviet Socialist Republics, and Yugoslavia.] ADDITIONAL PROTOCOL. (With reference to Article 2.) The High Contracting Parties reserve to themselves the right tc declare at the time of ratification or of accession that the first j~aragraph of Article 2 of this Convention shall not apply to inter- national carriage by air performed directly by the State, its colonies, protectorates or mandated territories or by any other territory under its sovereignty, suzerainty or authority. [This additional Protocol was signed on behalf of the same countries as those above mentioned.] PAGENO="0495" AIR LAWS AND TREATIES OF THE WORLD 489 SECOND SCHEDTJLE. A.D. 1932. PROVISIONS AS TO L~u.~rrY OF CARRIER IN THE EVENT o~' `mE DEATH OF A PASSENGER. 1. The liability shall be enforceable for the benefit of such of the members of the passenger's family as sustained damage by reason of his death. In this paragraph the expression "member of a family" means wife or husband, parent, step-parent, grandparent, brother, sister, half-brother, half-sister, child, step-child, grandchild: Provided that, in deducing any such relationship as aforesaid, any illegitimate person and any adopted person shall be treated as being, or as having been, the legitimate child of his mother and reputed father or, as the case may be, of his adopters. 2. An action to enforce the liahifity may be brought by the personal representative of the passenger or by any person for whose benefit the liability is under the last preceding paragraph enforceable, but only one action shall be brought in the United Kingdom in respect of the death of any one passenger, and every such action by whomsoever brought shall be for the benefit of all such persons so entitled as aforesaid as either are domiciled in the United Kingdom or, not being domiciled there, express a desire to take the benefit of the action. 3. Subject to the provisions of the next succeeding paragraph, ~he amount recovered in any such action, after deducting any costs not recovered from the defendant, shall be divided between the persons entitled in such proportions as the Court (or, where the action is tried with a jury, the jury) direct. 4. The Court before which any such action is brought may at any stage of the proceedings make any such order as appears to the Court to be just and equitable in view of the provisions of the First Schedule to this Act limiting the liabifity of a carrier and of any proceedings which have been, or are likely to be, commenced outside the United Kingdom in respect of the death of the passenger in question. PAGENO="0496" 490 AIR LAWS AND TREATIES OF THE WORLD Civil Aviation Act, 1949 12&13GE0.6. Cn.67 ARRANGEMENT OF SECTIONS PART I CENTRAL ADMINISTRATION Section 1. Appointment and functions of Minister of Civil Aviation~ 2. Oath of allegiance and official oath. 3. Appointment of officers, remuneration and expenses. 44 Capacity to sit in House of Commons. 5. Seal, style and acts of Minister. 6. Transfer to Minister of property, rights and liabilities relating to civil aviation. 7. Delegation of certain functions of Minister. Pu~TII REGULATION OF CIVIL AVIATION General 8. Power to give effect to Chicago Convention and regulate air navigation. 9. Control of aviation in time of war or eiñergency, 10. Investigation of accidents. 11. Dangerous flying. Air Transport 12. Air Transport Advisory Cou-icil. 13.. Licensing of air transport and commercial flying. 14. Information as to air transport~ undertakings and use of customs aerodromes. 15. Terms and conditions .of employment of persons employed by air transport undertakings. PART III AERODROMES AND OTHER LAND Minister's Aerodromes 16. Minister's power to provide aerodromes. 17. Consultation with local bOdies. 18. . Sanitary control on Minister's aerodromes. PAGENO="0497" AIR LAWS AND TREATIES OF THE WORLD 491 Local Authorities' Aerodromes Section 19. Power of local authorities to provide aerodromes. 20. Power to carry on ancillary businesses. 21. Provisions as to London. 22. Other statutory bodies in Northern Ireland. Ministers' power over land in connection with civil aviation 23. Power to acquire and manage land. 24. Power to obtain rights over land. 2~. Power to prohibit or restrict use of civil aerodromes. 26. Power to exercise control over land in the interests of civil aviation. 27. Indication of presence of obstructions near licensed aerodromes. 28. Power of Minister of Transport to stop up and divert highways, etc., in the interests of civil aviation. 29. Power of entry for purposes of survey. 30. Special provisions relating to statutory undertakers. 31. Displacements from land. 32. Consecrated land and burial grounds. 33. Registration of certain orders in the register of local land charges. 34. Notices. 35. Exemptions from stamp duty. 36. Compensation of officers. Supplemental 37. Power to appoint special eonstables. 38. Trespassing on licensed aerodromes. 39. Expenses of Part III. P~a~T IV LIABILITY FOR DAMAGE, ETC., CAUSED BY AIRcRAFT 40. Liability of aircraft in respect of trespass, nuisance and surface damage. 41. Nuisance caused by aircraft on aerodromes. 42. Limitation of liability. 43. Compulsory third-party insurance. 44. Certificates of insurance or security. 45. Rights under policies, etc. 46. Offences in connection with policies, etc. 67717 O-O1-----32 PAGENO="0498" 492 AIR LAWS AND TREATIES OF THE WORLD Section 47. Survival of causes of action in Northern Ireland. 48. Power to give effect to Rome Convention. 49. Supplemental provisions for Part IV. 50. Commencement of certain provisions in Part IV. PART V MISCELLANEOUS 51. Application of law of wreck and salvage to aircraft. 52. Application to seaplanes of regulations as to ships. 53. Exemption of aircraft and parts thereof from seizure on patent claims. 54. Explanation of Carriage by Air Act, 1932. 55. Recording and registration of births and deaths, etc. 56. Custody and disposal of lost property. PART VI SUPPLEMENTAL 57. Orders in Council. 58. Detention of aircraft. 59. Extra-territorial effect. 60. Offences. 61. Savings. PART VII GENERAL 62. Jurisdiction. 63. Interpretation. 64. General application to Scotland. 65. General application to Northern Ireland. 66. Application to H.M. dominions. 67. Application to Channel Islands and Isle of Man. 68. Transitory provisions. 69. Amendments of other enactments. 70. Repeal and savings. 71. Short title. PAGENO="0499" AIR LAWS AND TREATIES OF THE WORLD 493 SCHEDULES First Schedule-Provisions relating to certain orders under Part III. Second Schedule-Provisions relating to orders under s. 25. Third Schedule-Provisions relating to directions under s. 26. Fourth Schedule-Adjustments of the functions of statutory undertakers. Fifth Schedule-Limits of liability. Sixth Schedule-Provisions as to policies of insurance, securities and deposits. Seventh Schedule-Survival of causes of action in Northern Ireland after death. Eighth Schedule-Patent claims against aircraft not pro- tected under Chicago Convention. Ninth Schedule: Part I-Provisions which may be adapted for Northern Ireland. Part Il-Provisions which may be extended to the Colonies, etc. Tenth Schedule-Orders for the Compulsory purchase of land in Northern Ireland under s. 19 (2). Eleventh Sch~dule-Amendments of other enactments. Twelfth Schedule.-Repeals. PAGENO="0500" PAGENO="0501" CHAPTER 67 An . Act to consolidate. the enactments relating: to civil aviation, other than the 4rri~ge by Aii Act, 1932, and other than the ena~tments relatn1~ to the~. cpnstitution and fun~tibns ~ of the Airways Corporations. [24th November 1~49.] BE it enacted by the King's most Excel~cnt Majesty, by and. with the advice and consent of the Lords Spiritual . and .Teniporal, and Commons, in this present Parliament assembled, and by the authority of the same, as f~14ws :- PART I CENTRAL ADMINISTRATION 1.-~-fl) It shall be lawful for His Majesty to appoint a Appointment Minister of Civil Aviation' (in this Act referred to as "the and functions Minj$Cr ") who shall be ~harged with the general duty of ~ ?~in~is.te~of orga~ising, carrying out ..and encouraging measures for the- .i~i1 via ion. development of civil avilttion, for the designing, development and production of civil aircraft, for the promotion of safety and efficiency in the use thereof, and for research into questions relating to air navigation: Provided that this subsection shall not authorise the produc~ tion of civil aircraft by the Minister. (2) The acquisition and disposal of aircraft, aero-engines and aviation equipment in discharge of the Minister's said duty shall be subject to the approval of the Treasury. 2. The Minister shall take the oath of allegiance and the Oath of official oath, and the Promissory Oaths Act, 1868, shall have allegiance and effect as if the name of the Minister were included in the first official oath. Part of the Schedule~ to that Act.2 Now: Minister of Transport and Civil Aviation; section is repealed so far as it relates to the appointment of a Minister of Civil Aviation. See the Transfer of Func- tions(Mi~)~!yofCivi1Aviati0~~) Order, 1953, S. I. 1953, No. 1204. 2 Sections 2-4. Repealed by the Transfer of Functions (Ministry of Civil Aviation) Order, 1953, 5. I. 1953, No. 1204. 495 PAGENO="0502" 496 AIR LAWS AND TREATIES OF THE WORLD PART I 3.-(1) The Minister may appoint a Parliamentary Secretary, -cont, and such other secretaries, officers and servants as he may with Appointment the ~onsent of the Treasury determine. remuneration (2) There shall bà paid- and expenses. . (a) to the Minister, an annual salary not exceeding five thousand pounds; (b) to any Parliamentary Secretary appointed by the Minister, and to any other secretaries, officers and servants appointed by the Minister, such salaries or remuneration as the Treasury may determine, and for the purposes of section six of the Ministers of the Crown Act, 1937 (which. makes provision against duplicate salaries) any salary* payable under this subsection to the Minister or to any Parliamentary Secretary appointed by him shall he deemed to be a salary payable under that Act. (3) The salary of the Minister and his expenses (including any salaries or remuneration payable under paragraph (b) of the last foregoing subsection) shall be defrayed out of moneys provided by Parliament. capacity to 4. A person holding office as Minister of Civil Aviation, or sit in House of as Parliamentary Secretary to the Ministry, shall not thereby Commons. be rendered incapable of being elected as a member of the Commons Honse of Parliament, or of sitting or voting as such a member;2b Seal, style and 5.-(1) The Minister shall for all purposes be a corporation ~ sole, and shall have an official seal, which shall be authenticated Minister, by the signature of the Minister or of a secretary to the Ministry or of any person authorise4 by the Minister to act in that behalf. (2) The seal of the Minister shall be officially and judicially noticed, and every document purporting to be an instrument made or issued by the Minister and to be sealed with the seal of the Minister authenticated in the manner provided by this section, or to be signed by a secretary to the Ministry or any person authorised as aforesaid, shall be received in evidence and be deemed to be so made or issued without further proof, unless the contrary is shown. (3) A certificate signed by the Minister that any instrument purporting to be made or issued by him was so made or issued shall be conclusive evidence o,f that fact. (4) The Dcumentary Evidence Act, 1868, shall apply to the Minister as if his name were included in the first column of the Schedule to that Act, and as ~f he or a secretary to the Ministry 2& See note 2 sup ra. 2b See note 2 supra. PAGENO="0503" AIR LAWS AND TREATIES OF THE WORLD 497 or any person authorised by him to act on his behalf were men- PART i tioned in the second column of that Schedule, and as if the -cont. regulations referred to in that Act included any document issued by the Minister.3 6.-(l) Any property vested in, right enjoyed by, or liability Transfer to * jncumbent on the Secretary of State for the purposes, of civil Minister of aviation immediately before the time of vesting shall without property, more vest in or devolve on the Minister. (2) Any regulation, order, direction, appointment, determina-~~5;a~t?on. tion, agreement, requirement or. represcitation made or other thing done or proceeding taken by, to or before the Secretary of State for the purposes of civil aviation before the, time of vesting, and in force or having effect at that time shall be treated as if it had been made, done or taken by, to or before - the Minister and shall continue in force or have effect accordingly. (3) A certificate by the Secr~tary'of State and the Minister that any property, right or liability, vested, enjoyed or incurred in or by the~ Secretary. of State was or was not vested, enjoyed or incurred for the purposes of civil aviation, or that anything made, done or taken by, to or before the Secretary of State, was or was not made, done or taken for those purposes shall, in determining any question as to the effect of either of the two.foregoing sub- sections, be conclusive of the matters certified. (4) In this section the expression "time of vesting " .means ~the passing of the Ministry of Civil Aviation Act, 1945. .7.-(l) The Minister may by order provide for delegating to Delegation of a body appearing to him to be so constituted as to consist of- certain functions of (a) persons substantially representative of the interests con- Minister. cerned with civil aviation (and in particular of operators, constructorS and insurers of aircraft), an4 (b) two persons appointed by the Minister, one as being. an independent person `and the other `as being a person who has had not less than five years' pro- fessional experience as a pilot of civil aircraft, such of the administrative functions of the Minister with respect LtO the matters to which this subsection applies as may be speci- fied in the order, and for entrusting to that body such advisory functions in connection with any of the said matters as may be so specified; and an order under this section may direct that any fees for the time being prescribed by an Order in Council under section eight of this Act in relation to matters with respect to which functions are delegated under this section to such a body as aforesaid',ihall be paid to, and may be retained by, that body. Section 5. Repealed by the Transfer of Functions (Ministry of Civil Aviation) Order, 1953, S. 1. 1953 No. 1204, except in relation to instruments made before the coming into operation of that order. PAGENO="0504" 498 AIR LAWS AND TREATIES OF THE WORLD PART j The matters to which this subsection applies are the design, ~`-cont, construction and maintenance of aircraft, and matters connected therewith. (2) An order under this section may contain such incidental and supplementary provisions as appear to the Minister to be necessary or expedient for the purposes of the order. (3) An order under this section shall be made by statutory instrument and if the order delegates or entrusts any functions to such a body as aforesaid a draft of the statutory instrument shall be laid before Parliament. (4) The Minister may contribute such sums as he may, with the approval of the Treasury, determine to the payment of any expenses which may be incurred* by such a body as aforesaid for the purposes of an order under this section; and any sums required by the Ministtr for making contributions under this subsection shall be paid out of moneys provided by Parliament. (5) Part VI of this Act applies to this s~ection. Pi~T II REGULATION or CiviL AVIATION General Power to &--(l) Whereas on the seventh day of December, nineteen give effect to hundred and forty-four at the International Civil Aviation Con- ference held at Chicago, there was signed on behalf of the and regulate Government of the United Kingdom a Convention on Inter- air navigation, national Civil Aviation (hereinafter referred to as "the Chicago Convention"): And whereas a copy of the final Act of the said Conference including (amongst other things) the text, of the Chicago Con- vention was, on the fourth day of April, nineteen hundred and forty-five, presented to Parliament by command of His Majesty: And whereas it is expedient to provide for giving effect to the Chicago Convention and to make further provision for the regulation of air navigation: Now, therefore, His Majesty may by Order ~in Council make such provision as appears to Him to be requisite or expedient- (a) for carrying out the Chicago Convention, any Annex thereto relating to international standards and recom- mended practices (being an Annex adopted in accord- asice with the Convention) and any amendment of the Convention or any such Annex made in accordance with the Convention; or PAGENO="0505" AIR LAWS AND TREATIES OF THE WORLD 499 (b) generally for regulating air navigation. PART II (2) His `Majesty may by `Order in Council make provision- -cont. (a) as to the registration of aircraft in the United Kingdom; (b) for prohibiting aircraft from flying unless certificates of airworthiness issued or validated under the Order are in force with respect to them and except upon com- pliance with such conditions as to maintenance or repair as may be specified in the Order; (c) for the licensing, inspection and regulation of aero- dromes, for access to aerodromes and places where aircraft have landed, for access to aircraft factories for the purpose of inspecting work therein carried on in relation to aircraft or parts thereof and for prohibiting or regulating the use of unlicensed aerodromes; (d) for prohibiting persons from engaging in, or being employed in or (except in the maintenance at unlicensed aerodromes of aircraft not used for or in connection with commercial, industrial or other gainful purposes) in connection with, air navigation in such capacities as may be specified in the Order except in accordance with provisions ~in that behalf contained in the Order, and for the licensing of those employed at aerodromes licensed under the Order in the inspection or super- vision of aircraft; (e) as to the conditions under which, and in particular the aerodromes to or . from which, aircraft entering or leaving the United Kingdom may fly, and as to the conditions under which aircraft may fly from one part of the United Kingdom to another; (f) as to the conditions under which passengers and goods may be carried by air and under which airç~raft may be used for other commercial, industrial or gainful pur- poses, and for prohibiting the carriage by air of goods of such classes as may be specified in the Order; (g) for minimizing or preventing interference with the use or effectiveness of apparatus used in connection with air navigation, and for prohibiting or regulating the use of such apparatus as aforesaid and the display of signs and lights liable to endanger aircraft; (h) generally for securing the safety, efficiency and regu- larity of air navigation and the safety of aircraft and of persons and property carried therein, for preventing aircraft endangering other persons and property and, in particular, for the detention of aircraft for any of the purposes specified in this paragraph; PAGENO="0506" 500 AIR LAWS AND TREATIES OF THE WORLD PART rj (i) for requiring persons engaged in, or employed in or 111 -cont. connection with, air navigation to supply meteoro logical information for the purposes of air navigation; (I) for regulating the making of signals and other com munications by or to aircraft and persons carried therein; (k) for regulating the use of the civil air ensign and any other ensign established by His Majesty in Council for purposes connected with air navigation; (1) for prohibiting aircraft from flying over such areas in the United Kingdom as may be specified in the Order; (m) for applying, adapting or modifying the enactments relating to customs in relation to aerodromes and to aircraft and to persons and property carried therein and for preventing smuggling by air, and for permitting in connection with air navigation, subject to such condi- tions as appear to His Majesty in Council to be requisite or expedient for the protection of the revenue, the im- portation of goods into the United Kingdom without payment of duty; (n) as to the manner and conditions of the issue, validation, renewal, extension or variation of any certificate, licence or other document required by the Order (including the examinations and tests to be undergone), and as to the form, custody, production, cancellation, suspension, endorsement and surrender of any such document; (o) for regulating the charges that may be made for the use of aerodromes licensed under the Order and for services provided at such aerodromes; (p) for prescribing, subject to the consent of the Treasury, the fees to be paid in .respect of the issue, validation, renewal, extension or variation of any certificate, licence or other document or the undergoing of any examination or test required by the Order and in respect of any other matters in respect of which it appears to His Majesty in Council to be expedient for the purpose of the Order to charge fees; (q) for exempting from the provisions of the Order or any of them any aircraft or persons or classes of aircraft or persons. (3) An Order in Council under this section may make different provision with respect to different classes of aircraft, aerodromes, persons or property and with respect to different circumstances and with respect to different parts of the United Kingdom but shall, so far as practicable, be so framed as not to discriminate PAGENO="0507" AIR LAWS AND TREATIES OF THE WORLD 501 ri like circumstances between aircraft registered in the United PART II ~ingdom operated on charter terms by one air transport under- -cont. aking and such aircraft so operated by another such under- aking. (4) An Order in Council under this section may, for the pur- ose of securing compliance with the provisions thereof, provide or the imposition of penalties not exceeding a fine of two Lundred pounds and imprisonment for a term of six months, nd, in the case of any provision having effect by virtue of aragraph (1) of subsection (2) of this section, may also for that urpose provide for the taking of such steps (including firing on ircraft) as may be specified `in the Order. (5) There shall be paid out of moneys provided by Parlia- ient- (a) any sums payable by His Majesty's Government in the United Kingdom by way of contribution to the ex- penses of the International Civil Aviation Organisation under the Chicago Convention; (b) such expenses of any delegate, representative or nominee of His Majesty's Government in the United Kingdom appointed for any purposes connected with the Chicago Convention as may be approved by the Treasury; (c) an~ expenses incurred by His Majesty's Government in the United Kingdom for the purposes of Chapter XV of the Chicago Convention (which relates to the provision of airports and other air navigation facilities); and (d) any other expenses incurred by a Government Depart- ment by reason of this section. (6) There shall be paid into the Exchequer- (a) all sums received by His Majesty's Government in the United Kingdom by way of repayment of expenses incurred for the purposes of the said Chapter XV; and (b) all sums received by way of fees paid under an Order in Council under this section other than fees which, under an order made under section seven of this Act are paid to any of the bodies to which functions of the Minister are delegated under that section. (7) Part VIof this Act applies to this section. 9.-(1) In time of war, whether actual or imminent, or of Control of great national emergency, the Secretary of State may by order aviation in regulate or prohibit, either absolutely or subject to' such con- time of war ditions as may be contained in the order and notwithstanding or emergency. PAGENO="0508" 502 AIR LAWS AND TREATIES OF THE WORLD PART II the provisions of this Act or any Order in Council or regulatio -cont. made thereunder, the navigation of all or any descriptions aircraft over the United Kingdom or any portion thereof; an may by order provide for taking possessron of and using for ti purposes of His Majesty's naval, military or air forces any aer drome, or any aircraft, machinery, plant, material or things bun therein or thereon, and for regulating or prohibiting the us erection, building, maintenance or establishment of any aen drome, or flying school, or any class or description thereof. (2) An order under this section may make, for the purposc of the order, such provision as an Order in Council unde section eight of this Act may by virtue of subsection (4) of tha section make for the purpose of securing compliance with prc visions thereof having effect by virtue of paragraph (1) of sul section (2) of that section. (3) Any person who suffers direct injury or loss, owing to th operation of an order of the Secretary of State under thi section, shall be entitled to receive compensation from th Secretary of State, the amount thereof to be fixed, in default o agreement, by the Lands Tribunal ; and the principles of th Acquisition of Land (Assessment of Compensation) Act, 191C shall, with the necessary modifications, apply where possessio is taken of any land: Provided that no compensation shall be payablç by reaso of the operation of a general order under this section prohibitin flying in the United Kingdom or any part thereof. (4) The power to make an order under this section shall b exercisable by statutory instrument. (5) Any expenses incurred by a Secretary of State in th exercise of his powers under this section shall be paid out o moneys provided by Parliament. (6) Part VI of this Act applies to this section. Investigation 1O.-(1) The Minister may make regulations proyiding for th of accidents. investigation of any accident arising out of or in the course o air navigation, and either occurring in or over the United King dom or occurring elsewhere to British aircraft registered in th United Kingdom: Provided that regulations not relating only to civil aviatio shall be made by the Secretary of State and the Minister actin jointly. (2) Regulations under this section may contain provisions- (a) requiring notice to be given of any such accident a aforesaid in such manner and by such persons as ma be specified in the order; PAGENO="0509" AIR LAWS AND TREATIES OF THE WORLD 503 (b) applying, with or without modification, for the purpose PART ii of investigatio~is held with respect to any such -corn'. accidents any of the provisions of section three of the Notice of Accidents Act, 1894; (c) prohibiting, pending investigation, access to or inter- ference with aircraft to which an accident has occurred, and authorising any person, so far as may be necessary for the purposes of an investigation, to have access to, examine, remove, take measures for the preservation of, or otherwise deal with, any. such aircraft; ~d) authorising or requiring the cancellation, suspension, `endorsement or surrender of any licence or certificate granted under this Part of this Act or any Order in Council or order made under this Part of this Act, where it appears on an investigation that the licence ought to be cancelled, suspended, endorsed or sur- rendered, and requiring the production of any such licence for the purpose of being so dealt with: Provided that nothing in this section shall limit the powers of fly authority under sections five hundred and thirty to five undred and thirty-seven of the Merchant Shipping Act, 1894, r any enactment amending those sections. (3) If any person contravenes or fails to comply with any egulations under this section, he shall be liable, on summary onviction, to a fine not exceeding fifty pounds or to imprison- ient for a term not exceeding three months. (4) Any expenses incurred by a Secretary of State or the linister in the exercise of his powers under this section, in- luding the expenses of any investigation under this section, hall be paid out of moneys provided by Parliament. (5) Part VI of this Act applies to this section. 11.-(1) Where an aircraft is flown in such a manner as to be Dangerous he cause of unnecessary danger to any person or property on land flying. r water, the pilot or the person in charge of the aircraft, and also he owner thereof unless he proves to the satisfaction of the court hat the aircraft was so flown without his actual fault or privity, hail be liable on summary conviction to a fine not exceeding wo hundred- pounds or to imprisonment for a term not xceeding six months or to both. In this section the expression "owner" in relation to an ireraft includes any person by whom the aircraft is hired at he time of the offence; (2) The provisions of this section shall be in addition to and not in derogation of the powers conferred on His Majesty in council by section eight of this Act. (3) Part VI of this Act applies to this section. PAGENO="0510" 504 AIR LAWS AND TREATIES OF THE WORLD PART ii Air Transport cont. 12.-(1) His Majesty may by Order in Council provide fox Air Transport the constitution of an Air Transport Advisory Council consisting of a chairman, who shall be appointed by the Lord Chancellor and who shall be a barrister, advocate or solicitdr of not less than seven years' standing, and such number of members appointed by the Minister (not being less than two nor more than four~ as may be d~termined in accordance with the Order. Of the members of the Council .appointed by the Minister, at least one shall be a person of experience in the operation of air transport services, and at least one shall be a person of experience in the operation of other transport services. No member of any of the Airways Corporations, and no person employed by any of the Airways CorporatiQns, shall be qualified to be a member of the Council. (2) It shall be the duty of the Air Transport Advisory Council to consider any representation from any person with respect to the adequacy of the facilities provided by any of the Airways Corporations, or with respect to the charges for any such facilities: Provided, that the Council shall not be required, by this sub- section to consider any such representation if, in their opinion, it is frivolous or vexatious or if, in their opinion, the matters to which the representation relates have been already sufficiently considered by the Council, or if, in their opinion, it is inexpedient that they should consider the representation on the ground that the matters to which it relates are for the time being regulated by any international agreement to which His Majesty's government in the United Kingdom is a party. (3) It shall be the duty of the Air Transport Advisory Council to consider any question which may be referred to the Council by the Minister, being : - (a) a question relating to facilities for transport by air in any part of the world, or relating to `the charges for such facilities; or (b) a question which in the opinion of the Minister requires consideration with a view to the improvement of air transport services. (4) When the Council have considered any suchrepresentation or question as aforesaid, they shall report to the Minister upon their conclusions, and shall make such recommendations to the Minister in connection with those conclusions as they think expedient. (5) The Council may with the approval of the Minister appoint such assessors as they think expedient for the purpose of securing that they are properly advised with respect to matters affecting the interests of persons who use air transport services, or of any PAGENO="0511" AIR LAWS AND TREATIES OF THE WORLD 505 ss of such persons, and the interests of technical, professional, PART II ustrial and commercial. bodies (including those of organised c0~~t. our) directly concerned with the provision of air transport rvices. (6) Any Order made under this section may contain such cidental and consequential provisions, including provisions for e payment of remuneration to members of the Council out bf oneys provided by Parliament, provisions for the payment out such moneys of expenses incurred in connection with the pointment of assessors by the Council, and provisions for termining the procedure of the Council, as His Majesty thinks pedient. The procedure of the Council shall be such as to secure that member of the Council shall sit to consider any representation question which it is the duty of the Council to consider, if, in spect of the matters to which the representation or question lates, he has any special interest such as may tend to interfere ith his impartial consideration of the representation or question. (7) The Council shall be furnished by the Minister with such commodation as appears to him tO be requisite for the proper scharge of their functions, and with such clerks, officers and all as appear to him, with the concurrence of the Treasury as numbers, to be requisite for that purpose, and the Minister all pay to the clerks, officers and staff of the Council such muneration as he may with the approval of the Treasury termine. (8) The Minister shall provide the Council with such informa- n and other assistance as he thinks expedient for the purpose assisting the Council to discharge their functions; and each the Airways Corporations shall keep the Council informed all services which are provided by them or which they intend provide, and of the charges which the Corporation make or opose to make for any such services. (9) The Council shall make an annual report to the Minister their proceedings, a~nd the Minister shall lay the report before ch House of Parliament together with a statement of any tion Which has been taken by him in consequence of any commendations submitted to him by the Council during the nod to which the report relates. (10) A draft of any Order proposed to be made under this ction shall be laid before Parliament. 13.-(l) His Majesty may by Order in Council make pro- Li~nsing of sion- air transport (a) for securing that aircraft shall not be used in the United arid co~nmer- Kingdom by any person- cial flying. (i) for plying, while carrying passengers or goods for hire or reward, on such journeys or classes of* PAGENO="0512" 506 AIR LAWS AND TREATIES OF THE WORLD PART ii journeys (whether beginning and ending at the sam -cont. point or at different points) as may be specified in th Order, or (ii) for such flying undertaken for the purpose 0: any trade or business as may be so specified, except under the authority of, and in accordance with a licence granted to the said person by the licensint authority specified in the Order; (b) as to the circumstances in whicl~ a licence under th~ Order may or shall be granted, refused, revoked O suspended, and in particular as to the matters to whicl the licensing authority specified in the Order is to hav regard in deciding whether to grant or refuse such a licence; (c) as to appeals from the licensing authority by personr interested in the grant, refusal, revocation or suspen- sion of any licence under the Order; (d) as to the conditions which may be attached to such a licence (including conditions as to the fares, freight or other charges to be charged by the holder of the licence), and for securing compliance with any condi- tions so attached; (e) as to the information to be furnished by an applicant for, or the holder of, such a licence to such authorities as may be specified in the Order; (f) for prescribing, subject to the consent of the Treasury, the fees to be paid in respect of the grant of any licence under the Order; and such an Order may make different provision as respects different -classes of aircraft and different classes of licences. (2) An Order in Council under this section may, for the pur- pose of securing compliance with the Order, provide for the imposition of penalties not exceeding, in the case of a first offence against the Order, a fine of twenty pdunds or, in the case of a second or subsequent such offence, a fine of fifty pounds or imprisonment for a term of three months. (3) The Minister shall lay before Parliament the draft of any Order which it is proposed to recommend His Majesty in Council to make under this section, and no further proceedings shall be taken in relation thereto except in pursuance of an Address presented to His Majesty by both Houses of Parliament praying that the Order may be made in the terms of the draft. (4) The Minister may pay out of moneys provided by Par- liament- (a) to the members of any licensing authority which may be constituted by an Order in Council under this section such remuneration (if any) as the Minister, with the approval of the Treasury, may determine; and PAGENO="0513" AIR LAWS AND TREATIES OF THE WORLD 507 (b) the amounts necessary to defray such expenses of the PART ii said licensing authority as the Minister and the -cont. Treasury may approve. The amount of any fee received under such an Order in Council by any such licensing authority shall be paid by that iuthority to the Minister, and, when received by him, shall be paid into the Exchequer. (5) Part VI of this Act applies to this section so, however, that an Order in Council under this section shall not be laid Defore Parliament nor be subject to annulment in pursuance of a resolution of either House of Parliament. 14.-(1) His Majesty may by Order in Council make provi- Information sion- as to air transport (a) for requiring any person- undertakings (i) who carries on the business of carrying and use of passengers or goods in aircraft for hire or reward ~1'~mes on such journeys or classes of journeys (whether- beginning and ending at the same point or at different points) as may be specified in the Order, or (ii) who is the holder of a licence in respect of a customs aerodrome, to furnish to such authorities as may be specified in the Order such information relating to the use of air- craft for the purpose of his said business and to the persons employed in connection with that uSe, or, as the case may be, relating to the use of the aerodrome and to the persons employed in aircraft arriving thereat or departing therefrom, as may be prescribed by the Order; (b) for requiring the owner, or the pilot or other person in charge, of any aircraft arriving at, or departing from, any customs aerodrome to furnish to the holder of the licence in respect of that aerodrome such in- formation as may be necessary to enable the holder of the said licence to comply with such of the provi- sions of the Order as- relate to him; (c) for prescribing the times at which, and the form and manner in which, any information required under the Order is to be furnished: Provided that a person carrying on such a business as is men- tioned in sub-paragraph (i) of paragraph (a) of this subsection shall not be required to furnish information relating to the use of aircraft on journeys wholly outside the United Kingdom, or 67717 O-61----33 PAGENO="0514" 508 AIR LAWS AND TREATIES OF THE WORLD PART II relating to persons exclusively employed outside the Unit -cont. Kingdom, unless the person carrying on the business is either British subject resident in the United Kingdom or a- citizen the Republic of Ireland resident in the United Kingdom or body corporate incorp.orated under the law of some part of ti United Kingdom. (2) An Order in Council under this section may provide I imposing on any person who contravenes or fails to comp with any provision of the Order such penalties (not exceedii a fine of twenty pounds and a further fine of five pounds I every day on which the contravention or non-compliance co tinues after conviction therefor) as may be specified in the Ordc (3) No information with respect to any particular undertakir which has been obtained by virtue of an Order in Council und this section shall, without the consent of the person carryir on that undertaking, be disclosed otherwise than in connectio with the execution of such an Order, and if any person disclos any such information in contravention of this subsection, he sha be liable, on summary conviction, to imprisonment for a ten not exceeding three months or to a fine not exceeding fift pounds or to both or, on conviction on indictment, to imprisol ment for a term not exceeding two years or to a fine not excee ing one hundred pounds or to both. Nothing in this subsection shall apply to the disclosure any information for the purposes of any legal proceedings whic may be taken by virtue of this subsection or of an Order i Council made under this section, or for the purpose of any repo of any such proceedings, but, save as aforesaid, the restrictio imposed by this subsection shall, in relation to any legal pr ceedings (including arbitrations), extend so as to prohibit an prevent any person who is in possession of any such informatio so obtained from disclosing, and from being required by an court or arbitrator to disclose, that information (whether as witness pr otherwise) except with the consent of the perso carrying on the undertaking to which the information relates. (4) In this section the expression "customs aerodrome' means an aerodrome for the time being appointed in pursuanc of an Order in Council in force under section eight of this Ac as a place of landing and departure of aircraft for the purpose of the enactments relating to customs. (5) Part VI of this Act applies to this section. Terms and 15.-(1) The provisions of this section shall have effect fo conditions of the purpose of securing that the terms and. conditions of employ employment of ment Ofø persons employed by any independent undertakin ~mployed by constituted for the purpose of providing air transport services air transport undertakings. PAGENO="0515" AIR LAWS AND TREATIES OF THE WORLD 509 of carrying out other forms of aerial work shall, except in PART ii ) far as those terms and conditions- -cont. (a) are regulated by or under any enactment other than this section; or (b) are in accordance *ith an agreement for the time being in force between the undertaking and organisations representative of the persons employed; or (c) are in accordance with any decision for the time being in force of a joint industrial council representing the undertaking and organisations representative of th~ persons employed; omply with the following requirement, that is to say, that they hall not be less favourable than the terms and conditions bserved by the Airways Corporations in the case of persons ngaged in comparable work, or, where the Airways Corpora- ions do not observe the same terms and conditions for persons ngaged in comparable work, are not less favourable than the erms and conditions observed for such persons~by at least one f those Corporations. (2) If any dispute arises as to whether the terms and conditions f any person's employment ought to comply with the require- ient aforesaid, or as to what terms and conditions ought to be bserved for the purpose of complying therewith, the dispute hail, if not otherwise disposed of, be referred by the Minister to he Industrial Court for settlement. (3) Where any award has been made by the Industrial Court pon a dispute referred to that Court under this section, then, s from the date of the award or from such other date as the * ~ourt may direct, and subject to any subsequent variation or evocation of the award, it shall be an implied term of the ontract between the employer and workers to whom the award pplies that the terms and conditions of employment to be bserved under the contract shall be in accordance with the ward, except in so far as they are regulated by or under any nactment other than this section or are in accordance with any such agreement or decision as is mentioned in subsection (1) of this section. No direction given by the Court for the purposes of the foregoing provisions of this subsection shall have the effect of makin~ any award retrospective to a date earlier than the date on which the dispute to which the award relates first arose. (4) In this section the expression "independent undertaking" means any undertaking other than the Airways Corporations. PAGENO="0516" 510 AIR LAWS AND TREATIES OF THE WORLD PART III AERODROMES AND OTHER LAND Minister's Aerodrornes Minister's 16.-(1) The Minister may for the purposes of civil aviatio power, to establish and maintain aerodrornes and provide and maintai ~t~l~mes. in connection therewith roads, approaches, apparatus, equipmen and buildings and other accommodation: Provided that nothing in this subsection shall authorise th execution of any works on, over or under tidal lands belo'~ high-water mark of ordinary spring tides, except in accordanc with plans and sections previously approved in writing by th Minister of Transport and subject to such conditions as he ma impose. (2) The Minister shall appoint for each aerodrome vested i: him an officer who shall be responsible to the Minister for al services provided on the aerodrome on behalf of the Minister including signalling services, flying control services, and service connected with the execution of works. (3) The Mii~ister shall not, provide any of the Airway Corporations with aerodrome facilities in connection with th operation of any charter service unless he is satisfied that corn parable facilities are available, or can be made available i required, to persons other than the Airways Corporations ii connection with the operation of a similar service, and are so available, or can be made so available if required, upon terms and conditions not less favourable than those upon which the facilities in question are provided by him for the Corporation concerned. In this . subsection the expression "aerodrome facilities" means any facilities connected with the use of an aerodrome, * and the expression "charter service" means any service provided on charter terms. Consultation 17. In the management and administration of any aerodrome with local vested in him the Minister shall make such provision as he bodies. thinks necessary to ensure that adequate facilities, for consulta- tion are provided for the local authorities ih whose areas the aerodrome or any part thereof is situated, and for other local authorities whose areas are in the neighbourhood of the aero- drome, and br other organisations representing the interests of persons concerned with the locality in which the aerodrome is situated. Sanitary 18.-(l) Without prejudice to their general duties under any control on Act of Parliament or otherwise, it' shall be the duty `of the Minister's Minister of Health and the Minister of Civil Aviation to make ~terodromes. such arrangements as they think necessary- (a) for preventing danger to public health from aircraft * arriving at any aerodrome vested in or under the con- trol of the Minister of Civil Aviation; and PAGENO="0517" AIR LAWS AND TREATIES OF THE WORLD 511 (b) for preventing the spread of infection by means of any PART 111 aircraft leaving any such aerodrome, so far as may be -cont. necessary or expedient for the purpose of carrying out any treaty, convention, arrangement or engagement with any country. (2) A local authority may, and shall if the Minister of Health so requires, undertake duties in connection with the execution of any such arrangements as aforesaid; and the Minister of Health shall pay to a local authority such charges as the authority may reasonably require to be paid in respect of expenses incurred and services provided by the authority in the performance of such duties. (3) Any reference in this section to a local authority shall be construed- (a) in relation to England, as a reference to any local authority for the purposes of the Public Health Act, 1936, any county council and any port health author- ity, and also any joint board of which all the constitu- ent authorities are local authorities within the meaning of the preceding provisions of this paragraph; (b) in relation to Scotland, as a reference to a local authority for the purposes of the Public Health (Scotland) Act, 1945, and also a port local authority as defined in section one hundred and seventy-two of the Public Health (Scotland) Act, `1897; (c) in relation to Northern Ireland, as a reference to such authority as the Ministry of Health and Local Govern- ment for Northern Ireland may designate as the appro- priate authority for the purposes of this section. (4) The references in this section to the Minister of Health shall be construed in relation to Scotland as references to the Secretary of State, and in relation to Northern Ireland, as refer- ences to the. Ministry of Health and Local Government for Northern Ireland. Local authorities' aerodromes 19.-(l) Any local authority may, with the consent of the Power of local Minister and subject to such conditions as he may impose, estab- authorities lish and maintain aerodromes, and provide and maintain ~ to provide connection therewith roads, approaches, apparatus, equipment aerodromes. and buildings and other accommodation: Provided that nothing in this section shall authorise the exeôu- tion of any works on, over or under tidal lands below high-water mark of ordinary spring tides, except in accordance with plans and sections previously approved in writing by the Minister of Transport and subject to such çQndjtiQn~ as he may impose, PAGENO="0518" 512 AIR LAWS AND TREATIES OF THE WORLD PART j~j (2) A local authority may, for the purpo~e of exercising ai -corn'. of the powers conferred on the authority by the foregoing su section, acquire land by agreement or be authorised by t] Minister to purchase land compulsorily. (3) For the avoidance of doubts it is hereby declared th one of the purposes for which a local authority may acqui land under this section is the purpose of securing that the lar adjacent to the site of an aerodrome which the local authon has established, or is about to establish, shall not be used such manner as to cause interference with, or danger or dama~ to, aircraft at, approaching or leaving the aerodrome. (4) The powers conferred on a local authority by the for going provisions of this section shall be exercisable by th~ authority outside, as well as within, its area. (5) For the purpose of the purchase of land by agreemen under this section, the Lands Clauses Aëts, except the provision of those Acts with respect to the purchase and taking of lan otherwise than by agreement, shall be incorporated with thi Act. (6) Where any land is held by a local authority for am purpose for which land may be acquired under this section, th local authority shall not, without the consent of the Minister appropriate that land for any other purpose or dispose of th land in any way. In relation to land in Scotland this subsection shall have effec as if for the words "shall, not, without the consent of th Minister" there were substituted the words "shall have power. with the consent of the Minister, but not otherwise, to ". (7) Without prejudice to the provisions of the last foregoin subsection where a local authority to which section one hundre. and sixty-five of the Local Government Act, 1933, applies holds any land solely for the purpose of securing that it shall not be used in such manner as to cause interference with, Or danger or damage to, aircraft at, approaching or leaving an aerodrome of the local authority, that section shall, notwithstanding that it is still requisite that the land should not be so used, have effect in relation to that land as if it authorised the local authority, with the consent of the Minister of Health, to sell the land sub- ject to such conditions as the local authority thinks necessary to secure that the land will not be so used. (8) A local authority may borrow for the purposes of this section. , (9) In this section the expression "local authority" does not include the council of a rural~ district in England or Wales, and the expression "land" includes any right in or over land. PAGENO="0519" AIR LAWS AND TREATIES OF THE WORLD 513 20. If the Minister is satisfied, with respect to any aerodrome PART m rovided by a local authority under the last foregoing section, -cont. tat it is necessary or expedient that the local authority should Power to carry ~ empowered to carry on in connection with the* aero- on ancillary rome any particular business, being a business which appears businesses. ) him to be ancillary to the carrying on of an aerodrome but Thich the authority would not otherwise have power to carry n, he may make an order authorising that local authority, sub- ~ct to such conditions (if any) as may be specified in the order, ) carry on that business in connection with the aerodrome. 21.-(l) For the purposes of section nineteen of this Act- Provisions as .(a) the London County Council may borrow under and in to London. accordance with the London County Council (Finance Consolidation) Act, 1912; (b) the Common Council of the City of London may borrow under the City of London Sewers Acts, 1848 to 1897. (2) Section ninety-seven of the Local Government Act, 1933 which applies the provisions of Part III of that Act relating to oint committees to the* London County Council and to councils ~f metropolitan boroughs) shall in relation to the powers con- erred on local authorities by or under the last two foregoing sections, have effect as if any reference in the said section ninety- even to the council of a metropolitan borough. included a refer- ence to the Common Council of the City of London. (3) The expenses of the Common Council of the City of London under the said section nineteen shall be defrayed out of the general rate. 22,-(1) His Majesty may by Order in Council direct that in Other statutory Northern Ireland the powers conferred by or under th~ three bodies in last foregoing sections on a local authority shall, subject to any Northern restrictions imposed by the Order in Council, be, and be deemed Ireland. always to have been exercisable also by any statutory body specified in the Order in Council and that any of the said pro- visions shall, in relation to that body, have effect subject to. such adaptations as may be so specified. (2) Part VI of this Act applies to this section. Ministers' power over land in connection with civil aviation 23.-(1) The Minister shall for purposes of civil aviation and Power to any purpose connected with the discharge of his functions acquire and have the like power to acquire land or any right in or over land manage land~ by agreement under the Military Lands Acts, 1892 to 1903, as has a Secretary of State, and those Acts shall have effect accord- ingly with the necessary modifications, and in particular as though references to a military purpose included references to any such purposes as aforesaid. PAGENO="0520" 514 AIR LAWS AND TREATIES OF THE WORLD PART jj~ (2) The Minister may also acquire by agreement otherwis~ -cont. than under the said Acts any land, any estate or other interes in land, or any right in or in relation to land. (3) The Minister may be authorised to acquire land com pulsorily for any purpose connected with the discharge of hi~ functions, and the Acquisition of Land (Authorisation Pro cedure) Act, 1946, shall have effect with respect to the compul sory purchase of land in England or Wales by the Minister undei this section as if in subsection (11 of section one of that Act, aftei paragraph (b) thereof, there were inserted the followin~ paragraph "(c) by the Minister of -Civil Aviation under section twenty- three of the Civil Aviation Act, 1949 ": Provided that section three of that Act shall not have effect in relation to land acquired or proposed to -be acquired by the Minister. In this subsection the expression "land" includes any estate or other interest in land and any easement. (4) For the purpose of the compulsory purchase by the Minister, under the last foregoing subsection, of land in Northern Ireland, His Majesty may by Order in Council provide for extending the Acquisition of Land (Authorisation Procedure) Act, 1946, to Northern Ireland, subject to any adaptations, modifications and exceptions which may be provided for by the Order. (5) The Minister shall have power to manage, sell, let or exchange any land vested in him and to pay or receive money in respect of equality of exchange: Provided that nothing in this subsection shall be taken to affect the operation of section five of the Defence of the Realm (Acquisition of Land) Act, 1916 (which confers on a person from whom land was acquired under that Act a right of pre-emption in the case of the subsequent sale of that land) as -~respects any land acquired under that Act. (6) The Minister shall have power to manage and (subject to the terms of the lease) to sublet any land taken on lease by him or assign the lease. (7) Where any person having an interest in land (hereinafter referred to as "the grantor ") grants or agrees to grant to the Minister any right (whether in perpetuity or for any other period and whether capable of subsisting as a legal estate or not) in or in relation to that land (including a right to enter upon that land, a right to carry out and maintain works on that land, a right to instal or maintain structures or apparatus on, under, ~~ver or across that land, and a right restrictive of the user of that land), the grant or agreement shall be binding upon any person deriving title or otherwise claiming under the grantor PAGENO="0521" AIR LAWS AND TREATIES OF THE WORLD 515 the same extent as it is binding upon the grantor, notwith- PART ill anding that it would not have been binding upon that person -corn~. part from the provisions of this subsection. This subsection shall, in its application to Scotland, have effect s if after the words "the grant or agreement shall" there were iserted the words "on being recorded in the appropriate register f sasines ". (8) His Majesty may by Order in Council apply in relation to ie Minister, with any necessary modifications or adaptations, ie enactments specified in subsection (9) of this section so as o confe~ç on the Minister all such powers, rights and privileges- (a) in relation to the acquisition and holding of land for the purpose of discharging any of his functions, and (b) in relation to the management, use and disposal in any manner of land acquired for that purpose, s under the said enactments are, by virtue of any Order in ~ouncil made under section thirteen of the Air Force (Con- titution) Act, 1917, for the time being vested in the ecretary of State for Air in relation to the acquisition and Lolding of land for the use of the Air Force or for air force ervices or purposes and, in relation to the management, use nd disposal of land acquired for use of the Air Force or for ir force services or purposes. (9) The said enactments are- (a) section six of the Defence Act, 1842; (b) sections two and five of the Ordnance Board Transfer Act, 1855; (c) the Defence Acts Amendment Act, 1873; (d) section two hundred and fifty-four of the Municipal Corporations Act, 1882; (e) Part II of the Military Lands Act, 1892. UO) An Order in Council made under subsection (8) of this section may provide that any enactment applied by the Order shall be deemed always to have been so applied. (11) Part VI of this Act applies to this section. 24.-(1) The Minister may, if he is satisfied that it is Power to expedient so to do in order to secure the safe and efficient use obtain rights for civil aviation purposes of any land which is vested in him over land. or which he proposes to acquire, or in order to secure the pro- vision of any services required in relation to any such land, or in order to secure that civil aircraft may be navigated with safety and efficiency, by order provide for the creation in his favour of easements over land, or of other rights in or in relation to land, including rights to carry out and maintain works on any land and to instal and maintain structures and apparatus on, under, over or across any land. PAGENO="0522" 516 AIR LAWS AND TREATIES OF THE WORLD PART III (2) Any such order may contain such consequential, inciden -corn'. and supplemental provisions as appear to the Minister to necessary or expedient for the purposes of the order, includit in particular, provisions for authorising persons to enter up land for the purpose of carrying out, installing, maintaining removing any works, structures or apparatus. (3) No person shall, in the exercise of a power conferred any such order, enter upon land which is occupied, unless, ii less than seven days before the day upon which the entry made, there has been served upon the occupier of the land notice stating that an entry will be made upon the land up that day in the exercise of powers conferred by the order, ai specifying the purposes for which the entry will be made: Provided that nothing in this subsection shall restrict the rig of any person to enter upon land in a case of emergency or I the purpose of performing any functions which are required be performed from time to time in connection with the mai tenance or use of any works, structures or apparatus. (4) Where any land is damaged in the exercise of any. pow of entry conferred by any such order, the Minister shall p&~y su compensation to the~ persons interested in the land as may 1 just; and where any dispute arises as to whether compensati( is payable under this subsection, or as to the amount of any suc compensation, or as to the persons to whom it is payable, ti dispute shall be referred to and determined by the Lanc Tribunal. (5) The ownership of anything shall not be affected by reaso only that it is placed on or under, or affixed to, any land I pursuance of any such order; and, so long as any such orderS in force, no person shall, except with the consent of the Ministe wilfully interfere with any works carried out on any land i pursuance of the order, or with anything installed on, unde over or across any land in pursuance of the order. (6) Subject to the special provisions of this Part of this Ac relating to statutory undertakers, the provisions of the Firs Schedule to* this Act shall have effect with respect to orderS under this section. (7) Where an order under this section provides for the creatio of an easement over land held by a statutory undertaker for th purposes of the carrying on of his undertaking, or of any othe right in or in relation to such land, then, if on a representatio made to the appropriate Minister before the expiration of th time within which objections to the order may be made th appropriate Minister is satisfied that the easement or righ could not be enjoyed without serious detriment to the carryin on of the undertaking, and certifies accordingly, the order shall be subject to special parliamentary procedure. This subsection shall not extend to Northern Ireland. PAGENO="0523" AIR LAWS AND TREATIES OF THE WORLD 517 (8) If any persOn contravenes the provisions of subsection (5) PART Ill this section he shall be liable on summary conviction, to im- -cont. isonment for a term not exceeding three months or to a fine t exceeding five hundred pounds or to both; and every person ~o wilfully obstructs any person in the exercise of any power entry conferred by an order under this section shall be liable, i summary conviction, to a fine not exceeding one hundred ~unds. (9) Proceedings under this section for an offence shall not, in Eigland or Wales, be instituted except by or with the consent the Minister or by or with the consent of the Director of iblic Prosecutions, and shall not, in Northern Ireland, be in~ ituted except by or with the consent of the Minister, or by the ttorney-General for Northern Ireland. (10) Where such an offence as aforesaid has been committed y a body corporate, every person who at the time of the com- .ission of the offence was a director, general manager, secretary r other similar officer of the body corporate, or was purporting act in any such capacity, shall be deemed to be guilty of that ffence, unless he proves that the offence was committed without is consent or connivance and that he exercised all such dili- ence to prevent the commission of the offence as he ought to ave exercised having regard to the nature of his functions in iat capacity and to all the circumstances. In this subsection the expression "director" includes any erson occupying the position of director, by whatever name alled. 25.-(1) The Minister may by order impose such prohibitions Power to r restrictions on the use of any area of land or water as a place prohibit or or the arrival and departure of civil aircraft as he thinks re;tr~c~1use xpedient for the purpose of securing that aircraft may arrive ~er~dromes. nd depart with safety at any aerodrome vested in him or under is control: Provided that nothing in this subsection shall authorise the mposition of any such prohibition or restriction in relation to tidal waters beyond those of the territorial waters of His Majesty's dominions which are adjacent to the United Kingdom. (2) The provisions of Part I of the First Schedule to this Act* shall have effect in relation to any order made under this section other than an order for the imposition of prohibitions or restrictions on the use of water; and in the case of an order for the imposition of prohibitions or restrictions on the use of water- (a) the Minister shall, before making the order, publish notice of his intention to make the order in such PAGENO="0524" 518 AIR LAWS AND TREATIES OF THE WORLD PART m manner as he thinks best calculated to bring hi~ -con", intention to the notice of persons who will be affected thereby; and (b) the Minister shall, immediately after the order has been made, publish in one or more newspapers circulating in the district to which the order relates a notice stating that the order has been* made and naming a place where a copy of the order may be seen at all reason- able hours, and shall serve a like notice upon any person who in his opinion will be affected thereby. (3) The provisions of Part II of the First Schedule to this Act and the provisions of the Second Schedule to this Act shall have effect with respect to orders under this section: Provided that where any aerodrome was first established as such after the passing of the Civil Aviation Act, 1946 (that is to say, the first day of August, nineteen hundred and forty-six), no compensation shall be payable by reason of the imposition `under this section of prohibitions or restrictions upon the use of that aerodrome unless it was so established with the consent of the Minister. (4) Any person who contravenes the provisions of any order under this section shall be liable in respect of each offence- (a) on summary conviction thereof to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding three months or to both; and (b) on conviction thereof on indictment, to a fine not exceeding one thousand pounds or to imprisonment for a period not exceeding two years or to both. (5) Any offence against any order under this section com- mitted on tidal waters outside the ordinary jurisdiction of a court of summary jurisdiction may be tried and punished by such a court as if it had been committed in the nearest part of the United Kingdom which is within the ordinary jurisdiction of such a court:' Provided that nothing in this subsection shall in its applica- tion to Scotland be construed as conferring jurisdiction on any court of summary jurisdiction other than the sheriff court. (6) Proceedings for an offence against any order under this section shall not,~in England or Wales be instituted except by or with the consent of the Minister or by or with the consent of the Director of Public Prosecutions, and shall not, in Northern Ire- land be instituted except by or with the consent of the Minister, or by the Attorney-General for Northern Ireland. PAGENO="0525" AIR LAWS AND TREATIES OF THE WORLD 519 `(7) Where such an offence as aforesaid has been committed PART m a body corporate, every person who at the time of the corn- -corn'. tiission of the offence was a director, general manager, secretary r other similar officer of the body corporate, or was purporting :0 act in any such capacity, shall be deemed to be guilty of that )ffence, unless he proves that the offence was committed with- )ut his consent or connivance and that he exercised all such liligence to prevent the commission of the offence as he ought :0 have exercised having regard to the nature of his functions ii that capacity and to all the circumstances. In this subsection the expression "director" includes any )erspn occupying the position of director, by whatever name ~alled. (8) In this section the expression "aerodrome" includes part of an aerodrome. 26.-(l) The Minister may, if he is satisfied that it is necessary Power to so to do in order to secure the safe and efficient use for civil exercise control aviation purposes of any land, structures, works or apparatus ovei land "~ the interests of vested in him, or which he proposes to acquire or instal, by civil aviation. order declare that any area of land specified in the order shall be subject. to control by directions given in accordance with the provisions of this section. (2) Where any such order is in force, the Minister may, in pursuance of any general or special authority given by the order, give directions- (a) for requiring the total or partial demolition of any building or structure within the area to which the order relates; (b) for restricting the height of trees upon any land within the area, or for requiring any tree upon any such land to be cut down or reduced in height; (c) for extinguishing any private right of way over land within the area; (d) for restricting the installation of cables, mains, pipes, wires or other apparatus upon, across, under or over any land within the area; (e) for extinguishing, at the expiration of such period as may be determined by the directions, any subsisting right of installing or maintaining any such apparatus as aforesaid upon, across, under or over any land -within the area;~ (f) for requiring that, before the expiration of such period as may be determined by the directions, any such apparatus shall be removed from any land within the area. PAGENO="0526" 520 AIR LAWS AND TREATIES OF THE WORLD PART III (3) Any such order may contain such consequential, inciden -cont. and supplemental provisions as appear to the Minister to' necessary or expedient for the purposes of the order, includir~ in particular, provisions for empowering any person authoris~ in that behalf by the Minister, to remove, pull down, cut dow~ or alter so as to bring into conformity with the requirements any directions given under the order, any building, structur tree or apparatus which contravenes those requirements. (4) Any such order, other than an order relating to land i Northern Ireland, shall be .subject to special parliamentar procedure. (5) Before making any order under this section, the Ministc shall consult every local authority within the area of which th whole or any part of the area of land to which the propose order will relate is situated. Notwithstanding anything in subsection (1) of section two c the Statutory Orders (Special Procedure) Act, 1945, the dut of the Minister to comply with the requirements of this sul - section in relation to England or Wales shall not excuse hii~ from the duty of complying with the requirements of,the Firs Schedule to that Act. (6) Subject to the special provisions of this Part of this Ac relating to statutory undertakers, the provisions of the Thir~ Schedule to this~ Act shall have effect with respect to direction given under an order made under this section. (7) The powers of the Minister under this section shall no prejudice his power to acquire land for the purpose of securin~, the observance of any requirement or restriction which migh have been imposed in relation to the Jand under this section. Indication of 27.-(1) If the Minister is satisfied, with respect to any build- presence of ing, structure or erection in the vicinity of an aerodrome to ~ which this section applies that, in order to avoid danger to aerodromes. aircraft flying in that vicinity in darkness or conditions of poor visibility, provision ought ~to be made (whether by lighting or otherwise) for giving to such aircraft warning of the presence of that building, structure or erection, he may by order autho- rise (subject to any conditions specified in the order) the pro- prietor of the aerodrome, and any person acting under the proprietor's iiistructions,- - (a) to execute, instal, maintain, operate, and, as occasion requires, to repair and alter, such works and apparatus as may be necessary for enabling such warning to be given in the manner specified in the order, and PAGENO="0527" AIR LAWS AND TREATIES OF THE WORLD 521 (b) SO far as may be necessary for exercising any of the PART Ill powers conferred by the order to enter upon and pass -cont. over (with or .without vehicles) any such land as may be specified in the order: Provided that no such order shall be made in relation to any uilding, structure or erection if it appears to the Minister that iere have been made, a~id are being carried out, satisfactory rrangements for the giving of such warning as aforesaid of the resence of the building, structure or erection. (2) The Minister shall, before making any such order as afore- aid, cause to be published, in such manner as he thinks best for iforming. persons concerned, notice of the proposal, to make Eie order and of the place where copies of the draft order may e obtained free of charge, and take into consideration any epresentations with respect to the order which may, within such eriod not being less than two months after the publication ~f the notice as may be specified therein, be made to him by ny person ~appearing to him to have an interest in any land vhich would be affected by the order; and at the end of that period the order may, subject to the provisions of this section, ~e made with such modifications (if any) of the original draft .s the Minister thinks proper. (3) Every such order as aforesaid shall provide- (a) that, except in a case of emergency, no works shall be executed on any land in pursuance of the order, unless, at least fourteen days previously, the proprietor of the aerodrome to which the order relates has served in the manner prescribed by the order on the occupier of that land, and on every' other person known by the proprietor to have an interest therein, a written notice. containing such particulars of the nature of the pro- posed works, and the manner in which and the time at which it is proposed to execute them, as may be prescribed by or in accordance with the order; and (b) that if, within fourteen days after service of the said notice on any person having such an interest, the pro- prietor of the aerodrome receives a written intimation of objection on the part of that person to the proposals contained in the notice, being an intimation which specifies the grounds of objection, then, unless and except in so far as the objection is withdrawn, no steps .shall be taken in pursuance of the notice without the specific sanction of the Minister; and shall also provide for requiring the proprietor of the aero- drome to which the order relates to pay to any person having an interest in any land affected by the order such compensation for any loss or damage which that person may suffer in con- sequence of the order as may, in default of agreement, be deter- PAGENO="0528" 522 AIR LAWS AND TREATIES OF THE WORLD PART ill mined from time to time by a single arbitrator appointed b -cont. the Lord Chief Justice; and, for the purposes of this subsectio any expense reasonably incurred in connectirn with the lawfu removal of any apparatus installed in pursuance of such an order and so much of any expense incurred in connection with th repair, alteration, demolition or removal of any building, strud ture or erection to which such an order relates as is attributabl~ to the operation of the Order, shall be deemed to be loss oi damage suffered in consequence of the order. (4) The ownership of anything shall not be taken to be affected by reason only that it is placed in, or affixed to, any lancL in pursuance of such an order as aforesaid; and (subject to the provisio.ns of the next following subsection) so long as any sucl order in respect of an aerodrome is in force, no person shall, except with the consent of the proprietor of the aerodrome, wilfully interfere with any works or things which, to the know- ledge of that person, are works or things executed or placed, in, on or over any land in pursuance of the order. If any person contravenes the foregoing provisions of this subsection, he shall be liable, on summary conviction, to im- prisonment for a term not exceeding six months or to a fine not exceeding two hundred pounds or to both ; and every person who wilfully obstructs a person in the exercise of any of the powers conferred by such an order as. aforesaid shall be liable, on sum- mary conviction, to a fine not exceeding fifty pounds. (5) Nothing in this section shall operate, in relation to any building, structure or erection, so as to restrict the doing of any work for the .purpose of repairing, altering, demolishing or removing the building, structure or erection: Provided that- (a) notice of the doing of that work is given as soon as may be to the proprietor of the aerodrome; and (b) the giving of warning of the presence of the building, structure or erection in the manner provided by any order under this section in force in relation thereto is not interrupted. (6). The following provisions shall have effect for the pro- tection of statutory undertakers : - (a) any order made under this section affecting any pro- perty held by such undertakers for the purposes of their undertaking shall be so framed as to avoid inter- ference with the proper carrying on of the undertaking; (b) no person shall, except in a case of emergency, enter, in pursuance of such an order, upon any land held by PAGENO="0529" AIR LAWS AND TREATIES OF THE WORLD 523 such undertakers for the purposes of their undertaking, PART III unless he has given to the undertakers at least three -cont. clear days' notice of his intention so to do, and any per- son so entering on any such land shall comply with any reasonable directions given to him by or on behalf of the undertakers for preventing interference with the proper carrying on of the undertaking ~ (c) if any such undertakers show that, by. reason of the operation of such an order, they have been obliged to take special measures for the purpose of ensuring the safety of persons so entering on any such land or other- wise acting under the order in relation to any property of the undertakers, the amount of any expenses reason- ably incurred by the undertakers in taking such measures shall be paid to them by the proprietor of the aerodrome to which the order relates, and any dis- pute as to whether any sum is payable under this para- graph, or as to the amount of any sum so payable, shall, unless the parties otherwise agree, be referred for determination to a single arbitrator appointed by the Lord Chief Justice. Nothing in this subsection shall be taken to affect the general application of subsection (3) of this section. (7) In this section- (a) the expression "aerodrome to which this section applies" means any premises which, by virtue of an Order in Council made under section eight of this Act, are for the time being licensed as an aerodrome for public use, but does not include any premises belonging to the Secretary of State or the Minister; and (b) the expression "proprietor of the aerodrome" means, in relation to any premises used or appropriated for use as an aerodrome, the person carrying on or entitled to carry on the business of an aerodrome in those premises. (8) Part VI of this Act applies to this section. 28.-(1) The Minister of Transport may, if he is satisfied that Power of it is necessary so to do in order to secure the safe and efficient use Minister of for civil aviation purposes, including the testjng of aircraft Transport to designed for civil aviation, of any land vested in the Minister ~i~r~h1~ and of Civil Aviation or the Minister of Supply,4 or of any land highways, etc., which the Minister of Civil Aviation or the Minister of Supply in the interests proposes to acquire, by order authorise the stopping up or of~ciyil diversion of any highway. aviation, See note I ~upra as to "Minister of Transport and Civil Aviation." 67717 O-61--34 PAGENO="0530" 524 AIR LAWS AND TREATIES OF THE WORLD PART III (2) An order under subsection (1) of this section may provide -con'. for all or any of the following matters, that is to say- (a) for securing the provision or improvement of any high- way so far as the Minister of Transport thinks such provision or improvement necessary or desirable in con- sequence of any such stopping up or diversion as afore- said; (b) for directing that any highway to be provided or improved in pursuance of the order shall be repairable by the inhabitants at large, and for specifying the * authority which is to be the highway authority therefor; (c) for directing that any highway to be provided or improved in consequence of the stopping up or diver- sion of a trunk road under the order shall itself be a trunk road for all or any of the purposes of the enact- ments relating to trunk roads; (d) for the retention or removal of any cables, mains, pipes, * wires or similar apparatus placed along, across, over or under any highway stopped up or diverted under the order, and for the extinguishment, modification or preservation of any rights as to the use or mainten- ance of that apparatus; (e) if any highway is to be provided or improved under the order, for authorising or requiring the provision of any such apparatus as aforesaid along, across, over or under that highway, in lieu of any apparatus removed from a highway in pursuance of the order, and for conferring rights as to the use or maintenance of apparatus so provided; (f) for requiring the Minister of Transport or any other specified authority or person- (i) to pay, or to make contributions in respect of, the cost of doing any work provided for by the order or any increased expenditure to be incurred which is ascribable to the doing of any such work; or (ii) to repay, or to make contributions in respect of, any compensation paid by the highway authority in respect of restrictions imposed under section one or section two of the Restriction of Ribbon Develop- ment Act, 1935, as respects any highway stopped up or diverted under the order. (3) An order under subsection (1) of this section may contain such consequential, incidental and supplemental provisions as appear to the Minister of Transport to be necessary or expedient for the purposes of the order. (4) Any such order shall be subject to special parliamentary procedure. PAGENO="0531" AIR LAWS AND TREATIES OF THE WORLD 525 The First Schedule to the Statutory Orders (Special Procedure) Act, 1945 (which sets out the notices to be given and the other requirements to be complied with before an order is made) shall apply in relation to orders made under this section, but shall, ~as it applies in relation to those orders, have effect as if para- graph 1 of the said Schedule included provisions : - (a) requiring notice of the order as proposed to be made to be displayed in a prominent position at the ends of so much of any highway as is proposed to be stopped up or diverted under the order; (b) requiring notice of the order as proposed to be made to be sent to every local authority in whose area any high- way to be stopped up or diverted under the order, or any highway to be provided or improved under the order, is or will be situated ; and (c) requiring notice of the order as proposed to be made to be served upon any water, gas or electricity under- takers having any cables, mains, pipes or wires laid along, across, under or over any highway to be stopped up or diverted under the order. In this subsection the expression "local authority" includes a parish council and the parish meeting of a rural parish not having a separate parish council. (5) Th& powers of the Minister of Transport under subsection (1) of this section shall include power to make an order authoris- ing the stopping up or diversion of any highway which is temporarily stopped up or diverted under any other enactment; and the provisions of this section shall not prejudice any power conferred upon the Minister of Transport by any other enact- ment to authorise the stopping up or diversion of a highway. (6) The Minister of Transport may be authorised to purchase land compulsorily for the purpose of providing or improving any highway which is to be provided or improved in pursuance of an order under subsection (1) of this section, or for any other purpose for which land is required in connection with such an order; and, in relation to land in England or Wales, the pro- visions of the Acquisition of Land (Authorisation Procedure) Act, 1946, except section two thereof, shall have effect as if, at the end of paragraph (b) of subsection (1) of section one thereof, there were inserted the words "or under section twenty-eight of the Civil Aviation Act, 1949 ". (7) In the application of this section to Scotland- (a) for paragraph (b) of subsection (2) there shall be substituted the following paragraph- "(b) for directing that any highway to be pro- vided or improved in pursuance of the order shall PART LU -cont. PAGENO="0532" 526 AIR LAWS AND TREATIES OF THE WORLD PART in be maintained and managed by a county or to -cont. council and for specifying the council which is to responsible for such maintenance and management; (1,) in subsection (4) for the references to the First Schedu to the Statutory Orders (Special Procedure) Act, 194 and paragraph 1 thereof there shall be substitute~ respectively references to section two of that Act as i applies to Scotland and to subsection (1) of that sectior and the words from "In this subsection" to the en~ of the subsection shall be omitted. (8) The powers exercisable by the Minister of Transport unde this section shall, as regards land in Northern Ireland, be exe cisable by the Ministry of Commerce for Northern Ireland; an accordingly the references to the Minister of Transport in thi section, shall, in relation to land in Northern Ireland, b construed as references to the Ministry of Commerce fo Northern Ireland: Provided that this section shall, in its application to Norther. Ireland as aforesaid, have effect as if- (a) for the words "repairable by the inhabitants at large in paragraph (b) of subsection (2) there were subst tuted the words "maintainable at the cost of a count or county district as the case may be"; (b) sub-paragraph (ii) of paragraph (f) of subsection (2 were omitted. ; (c) subsection (4) were omitted; (d) the following subsection were substituted for subse tion (6)- "(6) The powers of compulsory acquisition land exercisable by the Ministry of Commerce fo Northern Ireland under subsection (3) of sectio thirty-four of the Roads Act (Northern Ireland' 1948, shall include the power to acquire lands con~ pulsorily in accordance with the provisions of th said subsection, for the purpose of providing or in proving any highway which is to be provided o improved in pursuance of an order under sub section (1) of this section or for any other purpos for which land is required in connection with suc an order, and the said Act shall have eff cc accordingly. The powers conferred on the said Ministry by thi subsection shall be exercisable in relation to an land notwithstanding that such land is the property of a statutory undertaker or is declared by any othe enactment to be inalienable ". PAGENO="0533" AIR LAWS AND TREATIES OF THE WORLD 527 29.-(l) Where a Minister has, under or in pursuance -of this PART III Part of this Act, made an order- -cont. (a) authorising the compulsory purchase of land; Power of entry (b) providing for the creation in his favour of easements ~ur1~~ses of over land or of other rights in or in relation to land; or (c) declaring that any area of land shall be subject to control by directions; or has under consideration the making of any such order, any person authorised in writing by that Minister may at all reason- able times, on producing, if so required, evidence of his authority in that behalf, -enter upon any of that land in order to make any survey which the Minister requires to be made for the pur- pose of any steps to be taken in consequence of the order or, as the case may be, for the purpose of determining whether the order should be made: Provided that admission shall not, by virtue of this subsection, be demanded as of right to any land which is occupied unless twenty-four hours' notice of the intended entry has been served on the occupier. (2) If any person obstructs a person so authorised as aforesaid in the exercise of any power conferred by this section, he shall be liable on summary conviction to a fine not exceeding twenty pounds. (3) Proceedings under this section for an offence shall not, in England or Wales, be instituted except by or with the consent of the Minister or by or with the consent of the Director of Public Prosecutions, and shall not, in Northern Ireland, be insti- tuted except by or with the consent of the Minister, or by the Attorney-General for Northern Ireland. (4) Where such an offence as aforesaid harns been committed by a body corporate, every person who at the time of the com- mission of the offence was a director, general manager, secre- tary or other similar officer of the body corporate, or was pur- porting to act in any such capacity, shall be deemed to be guilty of that offence, unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances. In this subsection the expression "director" includes any person occupying the position of director, by whatever name called. (5) Where any land is damaged in the exercise of a power of entry conferred in pursuance of an authority given under this section, or in the making of any survey for the purpose of which any such power of entry has been so conferred, the Minister by whom the authority was given shall pay such compensation PAGENO="0534" 528 AIR LAWS AND TREATIES OF THE WORLD PART iii to the persons interested in the land as may be just; and where -cont. any dispute arises as to whether compensation is payable under this subsection, or as to the amount of any such compensation, or as to the persons to whom jt is payable, the dispute shall be referred to and determined by the Lands Tribunal. Special 30.-(1) Subject to the provisions of this section, the corn- provisions pensation to be paid to a statutory undertaker- r~1~ti~~to (a) in respect of the compulsory purchase, in pursuance of undertakers, this Part of this Act, otherwise than under section nineteen, of any land held by the undertaker for the purposes of the carrying on of his undertaking; (b) in respect of the creation, by virtue of an order made under this Part of this Act, otherwise than under section nineteen, of any easement over any such land or of any other right in or in relation to such land; (c) in respect of any direction under section twenty-six of this Act which affects any building, structure or apparatus held or used by him for the purposes of his undertaking, or which affects any of his rights to instal or maintain apparatus for those purposes, or which affects any right of way enjoyed by him for those purposes; shall in default of agreement be assessed by the arbitration Of the tribunal constituted in accordance with the provisions of Part II of the Fourth Schedule to the Town and Country Plan- ning Act, 1944, and the amount of the compensation shall be an amount calculated in accordanc'~. with the provisions of paragraph 2 of that Schedule: Provided that, as respects compensation in respect of a com- pulsory purchase,~ if, before the expiration of two months from the date on which nctice to treat is served in respect of the interest of the person by whom the statutory undertaking is carried on, that p~rson gives notice in writing to the Minister by whom the order was made that he elects that, as respects all or any of the land comprised in the purchase, the compensa- tion shall be ascertained in accordance with the enactments, other than Rule (5) of the Rules set out in section two of the Acquisition of Land (Assessment of Compensation) Act, 1919, which would be applicable apart from the provisions of this subsection, the compensation shall be so ascertained. (2) The said paragraph 2 shall have effect for the purposes of this section as if, in sub-paragraph (1) thereof, the words "under section twenty-five of this Act" were omitted, as if, at the end of the said sub-paragraph, there were inserted the following words- "(e) in the case of compensation in respect of the imposi- tion of a requirement to demolish a building or PAGENO="0535" AIR LAWS AND TREATIES OF THE WORLD 529 structure either wholly or in part, any expense reason- P~T iv ably incurred by the person carrying on the undertaking~ -cont. in complying with the requirement, reduced by the value to that person of any materials derived from the demolished building or structure, or from the de- molished part of the building or structure, as the case may be;" and as if, in sub-paragraph (4) thereof, any reference to the imposition of a requirement included a reference to anything which may be done by virtue of an order made under this Part of this Act. (3) The foregoing provisions of this section as to the assess- ment of compensation shall not have effect- (a) in the case of the compulsory purchase of land, unless the appropriate Minister has, upon a representation made to him before the expiration of the time within which objections may be made to the compulsory purchase order, certified that the land is in respect of its nature or situation of such a kind that it is com- parable less with the generality of land than with land held for the purpose of the carrying on of statutory undertakings; (b) in the case of the creation of any easement over land or any other right in or in relation to land, unless the appropriate Minister has, upon a representation made to him before the expiration of the time within which objections may be made to the order providing for the creation of that easement or right, certified that the land in question is of such a kind as aforesaid; and (c) in the case of any direction which affects a building or structure, unless the appropriate Minister has, upon a representation made to him before the expiration of the time within which an application may be made to the court with respect to the direction in accordance with the provisions of Part II of the First Schedule to this Act, certified that the building or structure is in respect of its nature or situation comparable less with the generality of buildings or structures than with buildings or structures held for the purpose of the carrying on of statutory undertakings. (4) The provisi.ons of the Fourth Schedule to this Act (being provisions substantially corresponding to sections twenty-six and twenty-seven of the Town and Country Planning Act, 1944 and to sections twenty-five and twenty-six of the Town and Country Planning (Scotland) Act, 1945) shall have effect for the purpose of making any adjustments of the functions of statutory under- takers which may be necessary in consequence of the provisions of this Part of this Act: PAGENO="0536" 530 AIR LAWS AND TREATIES OF THE WORLD PART Ill Provided that the references in that Schedule to an order made -cont. in pursuance of this Part of this Act shall not include a reference to any order made in pursuance of subsection (2) of section nineteen. (5) In the application of this section to Scotland references to the Town and Country Planning (Scotland) Act, shall be substi- tuted for references to the Town and Country Planning Act, 1945, but the references to enactments therein shall be the same except that in subsection (2) of this section for the words" section twenty-five" there shall be substituted the words "section twenty-four ". (6) This section shall not extend to Northern Ireland. Displacements 31.-(1) Where the Minister has acquired land for purposes from land. connected with the discharge of his functions, or gives a direction in relation to any land under section twenty-six of this Act, and the use of the land by the Minister for those purposes, or, as the case may be, the execution of the direction, will involve the displacement of persons residing in premises on the land, it shall be the duty of the Minister, in so far as there is not other residential accommodation available on reasonable terms to the persons who require it in consequence of the di~placement, being residential accommodation suitable to the reasonable require- ments of those persons, to secure the provision of such accom- modation in advance of the displacement: Provided that the Minister shall not be required by virtue of this subsection to secure the provision of accommodation in advance of a displacement if he is satisfied that for reasons of exceptional public importance it is essential that the displacement should be effected before such accommodation as aforesaid can be found. (2) Where upon the determination of any tenancy the Minister is entitled to possession of any building, or any part of a building, then, whatever may be the value or rent of the building or part of a building, the Minister may obtain possession thereof under the Small Tenements Recovery Act, 1838, as in the cases therein provided for, at any time after the tenancy has expired or has been determined. (3) The Minister may pay : - (a) to any person who is displaced in order that land may be used by the Minister for purposes connected with the discharge of his functions, such reasonable allowance as the Minister thinks fit towards the expenses of that person in removing; (b) to a person carrying on any business in a building from ~which he is so displaced, such reasonable allowance (in addition to any allowance paid under the foregoing PAGENO="0537" AIR LAWS AND TREATIES OF THE WORLD 531 paragraph) as the Minister thinks fit towards the loss' PART Ill which, in the opinion of the Minister, that `person will -corn. sustain by reason of the disturbance to his business consequent upon his having to quit the building. In estimating any such loss as aforesaid the Minister shall have regard to the period for which the premises occupied by the person displaced might reasonably have been expected to be available for the purpose of his business, and to the availability of other premises suitable for that purpose. (4) Where the Minister of Transport or the Ministry of Com- merce for Northern Ireland acquires land in pursuance of this Part of this Act, the provisions of this section shall have effect in relation to that land as if the references therein to the Minister were references to. the Minister of Transport or the said Ministry, as the case may be, and as if the references therein to purposes connected with the discharge of the functions of the Minister were references to the purposes for which the land is so acquired by the Minister of Transport or the said Ministry, as the case may be. (5) In the application of subsection (2) of this section to Scot- land, for the words from "whatever ", to the end of the sub- section there shall be substituted the words "at any time after the tenancy has expired or has been determined, the Minister may serve notice on the occupier of the building or part of the building requiring him to remove therefrom within a period of twenty-one days; and on the expiry of that period a certified copy of the notice to remove shall be sufficient warrant for ejection against the occupier or any party in his right in the event of non-compliance with the notice ". (6) In the application of subsection (2) of this section to Northern Ireland, the reference to the Small Tenements Recovery Act, 1838, shall be construed as a reference to Part IV of the Summary Jurisdiction and Criminal Justice Act (Northern Ireland), 1935. 32.-(l) Section twenty-eight of th~e Town and Country Plan- Consecrate ning Act, 1944, and section twenty-seven of the Town and land and Country Planning (Scotland) Act, 1945 (which relate to con- burial secrated land and burial grounds) shall, as respectively amended grounds. by the Town and Country Planning Act, 1947, and the Town and Country Planning (Scotland) Act, 1947, have effect in rela- tion to any land acquired by the Minister as if the Minister had acquired that land under Part IV or Part III of the said Acts of 1947, as the case may be: Provided that the power of making regulations for the pur- poses of the said sections as applied by this section shall be exercisable by the Minister, and accordingly the references in subsection (3) of the said section twenty-eight to "the Minister" PAGENO="0538" 532 AIR LAWS AND TREATIES OF THE WORLD PART jj~ and the references in subsection (2) of the said section twenty- ~-cont. seven to the Secretary of State shall be construed as including references to the Minister of Civil Aviation. (2) Any statutory instrument containing regulations made by the Minister by virtue of this section shall be subject to annul- ment in pursuance of a resolution of either House of Parliament. (3) When land has been acquired by the Minister of Transport in pursuance of this Part of this Act, the foregoing provisions of this section shall have effect as if the land had been acquired by the Minister of Civil Aviation, but with the substitution of references to the Minister of Transport for references t& the Minister of Civil Aviation. (4) This section shall not extend to Northern Ireland. Registration 33.-(l) As soon as may be after any of the following instru- of certain ments, that is to say- orc~e~sin~he (a) an order under section twenty-four of this Act; local land (b) an order under section twenty-five of this Act, other than charges. ~an order for the imposition of prohibitions or restric- tions on the use of water; or (c) an order under section twenty-six of this Act or any direction given under such an order; becomes operative, it shall be registered in the prescribed manner in the register of local land charges by the proper officer of any local authority in whose area the land to which the instrument relates, or any part of that land, is situated. In this subsection the expression "local authority" means the council of a county and the council of a* county borough. (2) As soon as may be after such an instrument has become operative it shall be the duty of the Minister to notify that fact to the proper officer of the local authority by whom the instru- ment is required to be registered as aforesaid, and to furnish to him all necessary information relating to the instrument. (3) The power conferred by subsection (6) of section fifteen of the Land Charges Act, 1925, to make rules for giving effect to the provisions of that section shall be exercisable for giving effect to the provisions of this section, and in this section the expression "prescribed" means prescribed by rules made in the exercise of that power. (4) The foregoing provisions of this section shall not apply in Scotland, but where any such instrument as is mentioned in subsection (1) becomes operative, it shall be recorded in the appropriate register of sasines, and on being so recorded shall be enforceable against any person having or subsequently acquiring any estate or interest in the land to which the order or direction relates. PAGENO="0539" AIR LAWS AND TREATIES OF THE WORLD 533 (5) The foregoing provisions of this section shall not apply PART in to Northern Ireland but where any such instrument as is men- -cont. tioned in subsection (1) adversely affects land in Northern Ireland, then- (a) if the land is registered land to which the Local Regis- tration of Title (Ireland) Act, 1891, applies, the instru- ment on the lodgment by the Minister of a copy thereof with the Registrar of Titles shall, notwithstanding any- thing in the said Act or rules made thereunder be registered as a burden affecting the, land and created after the first registration of the land, and may be so registered without the concurrence of the registered owner of the land or the production of the land certi- ficate, without prejudice, however, to the power of the registering authority to order the production of. the land certificate under subsection (2) of section eighty- one of the said Act ; and (b) if the land is not registered land to which the said Act applies, the instrument shall, on lodgment by the Minister ~f a copy thereof with the Registrar of Deeds for Northern Ireland, be registered in the Registry of Deeds, Northern Ireland, as an instrument affecting the lands to which the instrument relates. 34.-(1) Any notice required to be served on any person for Notices. the purposes of this Part of this Act may be served on him either by delivering it to him, or by leaving it at his proper address, or by post, so however that the notice shall not be duly served by post unless it is sent by registered letter. (2) Any such notice required to be served upon an incor- porated company or body shall be duly served if it is served on the secretary or clerk of the company or body. (3) For the purposes of this section and of section twenty-six of the Interpretation Act, 1889, the proper address of any person upon whom any such notice as aforesaid is to be served shall, in the case of the secretary or clerk of any incorporated company or body, be that of the registered or principal office of the com- pany or body, and in any other case be the last known address of the person to be served: Provided that where the person to be served has furnished an address for service,' his proper address for the purposes afore- said shall be the address furnished. (4) If it is not practicable after reasonable inquiry to ascertain the name or address of any owner, lessee or occupier of land on whom any such notice as aforesaid is to be served, the notice may be served by addressing it to him by the `description of "owner," F' ~1çsse~" p~ "occupier" of the land (describing it) PAGENO="0540" 534 AIR LAWS AND TREATIES OF THE WORLD PART ~jj to which the notice relates, and by delivering it to some person -cont. on the premises, or, if there is no person on the premises to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises. (5) In the application of this Part of this Act to Scotland, `any provision therein requiring notice to be served on the owners, lessees, or occupiers of any land shall be deemed to be complied with if notice is served on all the persons appearing from the valuation roll to have an interest in the land, and any reference in this Part of this Act to owners, lessees, or occupiers shall be construed accordingly. Service of a notice on a person so appearing to have an interest may be effected by sending the notice in a registered letter addressed to him at his address as entered in the valuation * roll. Exemptions 35.-(l) Stamp duty shall not be payable on any conveyance from stamp of land, or on any instrument creating or disposing of any right duty. in or in relation to land, being a conveyance or instrument to which the Minister of Civil Aviation is a party, if the Minister of Civil Aviation certifies that the duty would fall to be defrayed as part of his expenses. (2) Stamp duty shall not be payable on any conveyance of land to which the Minister of Transport or the Ministry of Com- merce for Northern Ireland is a party, if the Minister of Trans- port or that Ministry, as the case may be, certifies that the con- veyance is made for the purpose of this Part of this Act, and that the duty would fall to be defrayed as part of his expenses. (3) For the purposes of section six of the Government of Ireland Act, 1920 (which relates to the power of the Parliament of Northern Ireland to make laws) the foregoing provisions of this section shall be deemed to be provisions of an Act passed * before the appointed day.~ Compensation 36.-(l) The Minister shall by regulations provide for securing of officers. that where after the passing of the Civil Aviation Act, 1946, he acquires an aerodrome the following persons that is to say- (a) any person who immediately before the acquisition was employed by the aerodrome undertaking in full-time service wholly or mainly connected with the main- tenance or use of the aerodrome; and (b) any person who, having been employed by the aerodrome undertaking before the acquisition in such service as is mentioned in the preceding paragraph, would have been within that paragraph but for any war service in which he has been engaged; shall, in such cases, to such extent and subject to such conditions as the Minister thinks proper, be entitled to receive compensation, See note 1 Supra as to "Minister of Transport and Civil Aviation." PAGENO="0541" AIR LAWS AND TREATIES OF THE WORLD 535 from the Minister for damage sustained by them in respect of PART in their employment .or their opportunities of re-employment, being -cont. damage attributable to the acquisition of the aerodrome. (2) Regulations made under this section may include such incidental, consequential and supplemental provisions, including provisions with respect to the procedure for determining ques- tions, as the Minister thinks expedient for the purposes of the regulations. (3) No regulations shall be made under this section unless a draft of the instrument containing the regulations has been laid before Parliament and has been approved by resolution of each House of Parliament. (4) In this section the expression "war service" means service in any of His Majesty's forces and such other employment as may be prescribed by regulations made under this section. Supplemental 37.-(l) Any two justices of the peace may appoint such Power to persons as may be nominated for the purpose by the Minister appoint to be special constables on any premises for the time being ~~b1es vested in the Minister or under his control. (2) Every person~ so appointed shall be sworn in by the jus- tices duly to execute the office of a constable on the premises aforesaid, and when so sworn in shall, on those premises, have the powers and privileges and be liable to the duties and responsibilities of a constable. (3) Special constables appOinted under this section shall be under the exclusive control of the Minister, and the Minister shall have power to suspend or terminate the appointment of any such special constable. (4) In the application of this section to Scotland, references to two justices of the peace shall be construed as references to the magistrates of a burgh or to the council of a county, as the case may be, and references to swearing in shall be con- strued as references to making a declaration in the form and manner prescribed in ~section seventy-nine of the Burgh POlice (Scotland) Act, 1892, and section eleven of the Police (Scotland) Act, 1857, respectively. 38.-(1) If any person. trespasses on any land forming part of Trespassing on an aerodrome licensed in pursuance of an Order in Counôil licensed under section eight of this Act, he shall be liable, on summary aerodromes. conviction to a fine not exceeding five pounds: Provided that- no person shall be liable to any penalty under this section unless it is proved that, at the material time, notices warning trespassers of their liability under this section werç PAGENO="0542" 536 AIR LAWS AND TREATIES OF THE WORLD PART m posted so as to be readily seen and read by members of the ~-cont. public, in such positions on or near the boundary of the aero- drome as appear to the court to be proper. (2) Part VI of this Act applies to this section. Expenses of 39.-(l) Any expenses incurred by the Minister of Transport 6 Part Ill. or the Ministry of Commerce for Northern Ireland in consequence of the passing of this Part of this Act shall, to such extent as the Treasury may direct, be defrayed by the Minister of Civil Aviation or by the Minister of Supply. * (2) Any expenses incurred by the Minister of Supply by reason of any such direction as aforesaid shall be defrayed out of moneys provided by Parliament. (3) Except in so far as any expenses incu~rred by the Minister of Transport in consequence of the passing of this Pi~rt of. this * Act fall, by virtue of any such çlirection~as aforesaid, to be de- frayed by the Minister of Civil Aviation or the Mm ster of Supply, or fall to be defrayed pu~of tho Road FiA~d under an~. other Act, .fl~ey shall be defrayed~ out of moneys~provided b~ Parliament: (4) There shall be defrayed out oi~; moneys provided by Parlia- ment any such increase in th~ sums payable into the Road Fund out of moneys so provided as is attributable to the passing of this Part of this Act.~ (5) Any expenses incurred by the Minister, ~the Minister of * Health or the Secretary of State in consequence of the passing of this Part of. this Act shall be defrayed out of moneys provided * by Parliament. P~TIV LIABILITY FO'R DAMAGE, ETC., CAUSED BY AIRCRAFT Liability of 40.-(l) No action shall lie in respect of trespass or in respect aircraft in of nuisance, by reason only of the flight of an aircraft over any respect of property at a height above the ground, which, having regard * nuis~inc~ and to wind, weather and all the circumstances of the case is reasoi~ * surface able, or the ordinary incidents of such flight so long as tl~e provisions of Part II and this Part of this Act and any Ordc~r in Council or order made under Part II or this Part of th4~ Act are duly complied with. (2) Where material loss or damage is caused to any person pr property on land or water by9 or by a person in, or an article Qr person falling from, an aircrctft while in flight, taking off o~ See note I Supra as to "Minister of Transport and Civil Aviation. In Subsection (3) the words "or fall to be defrayed out of the Road Fund under any other Act" and Subsection (4), are repealed on the winding up of the Road Fund by the Miscellaneous Financial Provisions Act, 1955 (c. 6) Section 4(4), Sch. II, Part. II. PAGENO="0543" AIR LAWS AND TREATIES OF THE WORLD 537 landing, then unless the loss or damage was caused or contri- PART iv buted to by the negligence of the person by whom it was suffered, -cont. damages in respect of the loss or damage shall be recoverable without proof of negligence or intention or other cause of action, as if the loss or damage haj been caused by the wilful act, neglect, or default of the owner of the aircraft: Provided that where material loss or damage is caused as aforesaid in circumstances in which- (aI damages are recoverable in respect of the said loss or damage by virtue only of the foregoing provisions of this subsection; and (b) a legal liability is created in some, persOn other than the owner to pay damages in respect of the said loss or damage; the owner shall be entitled to be indemnified by that other person against any claim in respect of the said loss or damage. 41.-(l) An Order in Council under section eight of this Act Nuisance may provide for regulating the conditions under which noise and caused by vibration may be caused by aircraft on aerodromes and may provide that subsection (2) of this section shall apply to any aerodrome as respects which provision as to noise and vibration caused by aircraft is so made. (2) No action shall lie in respect of nuisance by reason only of the noise and vibration caused by aircraft on an aerodrome to which this subsection applies by virtue of an Order in Council under section eight of this Act, as long as the provisions of any such Order in Council are duly complied with. 42.-(l) Subject to the provisions of this Part of this Act, Limitation of where a person or his estate is liable to pay damages. by reason liability. of loss or damage which, after the appointed day, is caused on any one occasion to persons or property on land or water by, or by a person in, or an article or person falling from, an aircraft while in flight, taking off or landing, his or, as the case may be, his estate's total liability to pay damages by reason of the loss or damage shall be limited in accordance with the provisions of the Fifth Schedule to this Act; Pi~ovided that a person or, as the case may be, his estate shall not be entitled to the benefit of this section in relation to any such loss or damage as aforesaid in any case in which it is proved that the loss or damage is attributable to his wilful mis- conduct or to wilful misconduct on the part of any of his servants or agents, unless (in a case where the loss or damage is attributable to wilful misconduct on the part of any of his servants or agents) it is proved that the loss or damage occurred without his actual fault or privity. PAGENO="0544" 538 AIR LAWS AND TREATIES OF THE WORLD PART IV (2) Any reference in this Act to the total limit of liability -cont. appropriate to an aircraft shall be construed as a reference to the total amount to which a person could, in the circumstances mentioned in the foregoing subsection, limit his liability to pay damages in respect of loss or damage caused on any one occasion by that aircraft, whether to persons or to property; and any reference in this Act to the limit of liability for property claims appropriate to an aircraft shall be construed as a reference to the amount to which a person could, in such circum~stances, limit his liability to pay damages in respect of loss or damage caused on any one occasion by that aircraft, if that loss or damage were only loss of, or damage to, property. (3) Without prejudice to the operation of the next following section, a person or, as the case may be, his estate shall not be entitled to the benefit of this section in relation to any loss or damage, if, at the time of the happening of the event which was the cause of the loss or damage, he was not the owner of the aircraft concerned and was in, or in possession or control of, the aircraft without the authority or permission of the owner thereof. (4) Where any person or the estate of any person is alleged to be under any liability in respect of such loss or damage as is mentioned in subsection (1) of this section, and several claims for damages are made or apprehended in respect of that liability, the said person or his personal representative, as the case may be, may make application to the High Court, and thereupon the court may assess the liability to pay damages, and determine whether, and, if so, to what amount, it can be limited under this section, dealing separately, if need be, with such of the claims as are in respect of loss of or damage to property, and, if the liability can be so limited, may distribute the amount thereof among the several claims on the following principles : - (a) if the claims are solely in respect of loss of life or personal injury or solely in1~espect of loss of, or damage to, property, the amount of the liability shall be dis- tributed rateably; (b) if there afe claims both in respect of loss of life or personal injury and in respect of loss of, or damage to, property, ne-half of the total limit of liability appro- priate to the aircraft concerned shall be appropriated, so far as necessary, to meeting claims for loss of life or personal injury and shall be distributed rateably among them, and the other half shall be distributed rateably among all the claims, including claims in respect of loss of life or personal injury if and so far as they exceed the aforesaid appropriation. PAGENO="0545" AIR LAWS AND TREATIES OF THE WORLD 539 (5) Where an application is made to the court under the last PART IV foregoing subsection, the court may stay any proceedings pend- -cont. ing in any other court in relation to the same matter, and may give such directions as the court thinks proper for the joining of persons interested as parties to the proceedings, for the ex- clusion of claims which are not brought before the court within a certain time, and for requiring security from the person by whom the application to the court was made. (6) Nothing in this or the last but one foregoing section shall affect the operation of the Carriage by Air Act, 1932, or any contract for the carriage of passengers or goods by air in so far as the contract provides for determining or limiting the liability of the carrier thereunder. 43.-(1) Subject to the provisions of this section, a person Compulsory shall not fly, or cause or permit any other person to fly, an third-party aircraft, unless there is in force in relation to the flying of the insurance. aircraft by that person or that other person, as the case may be,- (a) a policy of insurance issued by an authorised insurer which, subject to any restrictions or conditions specified therein, insures the owner of the aircraft against all liability which lie may incur in respect of loss or damage caused to persons or property on land or water by, or by any person in, or any article or person falling from, the aircraft while in flight, taking off or landing, or (b) a security given by an authorised giver of securities, being a security which consists of an undertaking by the giver of the security to make good, subject to any restrictions or conditions specified therdin, any failure by the owner of the aircraft to discharge any such liability as aforesaid; and a person or, as the case may be, his estate shall not be entitled to the benefit of the last foregoing section in relafion to any claim made in respect of such loss or damage as afore- said, unless it is proved that such a policy or security as afore- said was in force in relation to the flying of the aircraft con- cerned at the time of the happening of the event which was the cause of the loss or damage giving rise to the claim, or, if the claim is made against the person who at that time was the owner of the aircraft or against his estate, that the aircraft was then in the possession or control of some other person without the authority or permission of the owner. (2) If any person contravenes this section, he shall be liable, on summary conviction, to a fine not exceeding two hundred pounds or to imprisonment for a term not exceeding six months or to both. 67717 O-61--35 PAGENO="0546" 540 AIR LAWS AND TREATIES OF THE WORLD PART IV . (3) The foregoing provisions of this section shall not apply -cont. to an aircraft of which, at the material time, the owner is a local authority, a police authority or the Receiver for the Metro- politan Police District, or which, at that time, is being used for police purposes by, or under the direction of, a police officer or by a person employed by a police authority or employed by the said receiver, and shall not apply to any aircraft if and so long as the owner thereof has deposited, and keeps deposited, with the Accountant-General of the Supreme Court of Judica- ture in England, for and. on behalf of that court, an amount at least equal to the total limit of liability appropriate to that aircraft or, where he is the owner of three or more aircraft, an amount at least equal to the aggregate of the two greatest of the total limits of liability appropriate to those aircraft respectively. (4) For the purpose of this section except as it applies in Northern Ireland any person or body of persons carrying on in Great Britain marine, aviation and transit insurance business shall be an authorised insurer: Provided that- (a) an assurance company which, immediately before the twenty-ninth day of October, nineteen hundred and forty-five, was carrying on in Great Britain assurance business of any class to which the Assurance Com- panies Act, 1909, applies in compliance with such of the provisions of that Act as then applied to the company and to that class of business; and (b) an association as respects which an order is for the time being in force under paragraph 3 of Part III of the Second Schedule to the Assurance Companies Act, 1946, shall not for that purpose be an authorised insurer, unless it is a body corporate having a paid up share capital of not less than fifty thousand pounds (as required by section two of the said Act of 1946). For the purposes of paragraph 1 of Part V of the said Second Schedule (which authorises the Board of Trade by regulations to adapt references in that Scbedule to the said limit of fifty thousand pounds) the proviso to this subsection shall be treated as if contained in that Schedule. (5) For the purpose of this section as it applies in Northern Ireland any person or body of persons carrying on in the United Kingdom marine, aviation and transit insurance business shall be an authorised insurer: Provided that- (a) an insurance company which, immediately before the first day of December, nineteen hundred and forty-six, PAGENO="0547" AIR LAWS AND TREATIES OF THE WORLD 541 was carrying on in the United Kingdom assurance PART iV business of any class to which the Assurance Com- -cont. panies Act, 1909, applies in compliance with such of the provisions of that Act as then applied to the company and to that class of business; and (b) an association as respects which an order is for the time being in force under paragraph 3 of Part III of the Second Schedule to the Assurance Companies Act (Northern Ireland), 1947, shall not for that purpose be an authorised insurer unless it is a body corporate having a paid-up share capital of not less than fifty thousand pounds (as required by sectio~n two of the said Act of 1947). For the purposes of paragraph 1 of Part V of the said Second Schedule (which authorises the Ministry of Commerce for Northern Ireland by regulations to adapt references in that Schedule to the said limit of fifty thousand pounds) the proviso to this subsection shall be treated as if contained in that Schedule. No limitation on the powers of the Parliament of Northern Ireland contained in the Government of Ireland Act, 1920, shall preclude that Parliament from amending or repealing the provisions of this subsection. (6) In this section : - (a) the expression "authorised giver of securities" means either an authorised insurer or a body of persons which carries on in the United Kingdom the business of giving securities of the kind required by this Part of this Act, and which has deposited and keeps deposited with the Accountant-General of the Supreme Court of Judica- ture in England, for and on behalf of that Court, the sum of fifteen thousand pounds in respect of that business ; and (b) the expression "local authority" except in relation to Scotland means the council of a county, county borough, metropolitan borough or county district, the common council of the City of London, or any joint board or joint committee which is so constituted as to include among its members representatives of any such council and in relation to Scotland means any county, town or district council, or any joint com- mittee which is so constituted as to include among its members represcntatives of any such council. PAGENO="0548" 542 AIR LAWS AND TREATIES OF THE WORLD PARTlY 44. A policy of insurance or a security shall be of no effect -cont. for the purposes of the foregoing provisions of this Part of this Certificates of Act, unless and until there is delivered by the insurer to the insurance or security, person by whom the policy is effected, or by the giver of the security to the person to whom it is given, a certificate in such form, and containing such particulars with respect to the policy or security, as may be prescribed by the Minister, and any such certificate relating to a policy or certificate relating to a security is hereafter in this Act referred to as a "certificate of insurance" or "certificate of security," as the case may be. Rights under 45. The provisions of the Sixth Schedule to this Act (being policies, etc. provisions which, subject to certain adaptations, modifications and exceptions, correspond with the provisions of the Road Traffic Acts, l93~ and 1934, referred to in the margin of the said Schedule) shall have effect in relation to policies of insur- ance, securities and deposits required for the purposes of the foregoing provisions of this Part of this Act. Offences in 46.-(l) If any person, with intent to obtain for himself* or connection any other person such a policy of insurance or such a security with policies, as is required by this Part of this Act, fails to disclose a fact etc. which he knows to be a material fact, or makes a representation of fact which he knows to be false in a material particular, he shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding two hundred pounds or to both. (2) If any person issues a certificate of insurance or certificate of security which is to his knowledge false in any material particular, he shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding two hundred pounds or to both. Survival of 47. Except in so far as the Parliament of Northern Ireland cau~es ~ may otherwise enact, the provisions contained in the Seventh Schedule to this Act (which, subject to certain adaptations, modi- Ireland. fications and exceptions, correspond with provisions of the Law Reform (Miscellaneous Provisions) Act, 1934, relating to the survival of causes of action) shall have effect in Northern Ireland with respect to causes of action in respect of loss or damage which after the appointed day is caused to persons or property on land or water by, or by persons in, or articles or persons falling from, aircraft while in flight, taking off or landing.~ Power to give 48.-(l) Whereas a Convention for the unification of certain ~ect t~ Rome rules relating to damage caused by aircraft to third parties on the surface was, on the twenty-ninth day Q~May, nineteen `Section 47. Repealed by the Law Reform (Miscellaneous Provisions) Act (North- ern Ireland), 1954 (c. 26) (N. I.), Section 6(2)(b). PAGENO="0549" AIR LAWS AND TREATIES OF THE WORLD 543 hundred and thirty-three, signed in Rome on behalf of His PART iv Majesty, and a copy of that Convention has been laid before -cont. each House of Parliament: And whereas it is expedient that provision should be made for giving effect to the said Convention: Now, therefore, His Majesty may, if it appears to His Majesty in Council to be necessary or expedient so to do for the purpose of giving effect to the said Convention, make an Order in Council- (a) directing- (i) that the provisions set out in the Order shall, in relation to aircraft registered in any such country other than the United Kingdom as may be specified in the Order, have effect in lieu of the provisions of this Part of this Act, save section forty-one; or (ii) that all or any of the said provisions shall, in relation to such aircraft as aforesaid, have effect subject to such modifications, adaptations and excep- tions as may be specified in the Order; (b) making such provision as appears to His Majesty in Council to be required for securing that an aircraft registered in the United Kingdom shall not leave the United Kingdom on a flight to or over any such country as aforesaid, unless there is on board the aircraft a `certificate relating to a policy of insurance, a security or a deposit of money in respect of the aircraft, being a certificate in such form, and issued by such person, and containing such particulars, as may be prescribed by the Order. (2) If the Convention recited in the foregoing subsection is amended by any Convention or agreement to which His Majesty or His Majesty's Government in the United Kingdom is a party, the said subsection shall have effect as if any reference therein to "the said Convention" were a reference to the first-mentioned Convention as so amended. 49.-(l) In this Part of this Act- Supplemental provisions for certificate of insurance and certificate of security Part IV. have the meanings assigned to them by section forty- four of this Act. "material ", in relation to any fact or particular, means of such a nature as to influence the judgment of a prudent insurer or giver of securities in determining whether be will take the risk or provide security, and, PAGENO="0550" 544 AIR LAWS AND TREATIES OF THE WORLD PART IV if so, at what premium or for what consideration, -cent, as the case may be, and subject to what restrictions and conditions; "policy of insurance" includes a covering note. (2) Where the aircraft concerned has been bona fide demised, let or hired out for any period exceeding fourteen days to any other person by the owner thereof, and no pilot, commander, navigator or operative member of the crew of the aircraft is in the employment of the owner, this Part of this Act shall have effect as if for references therein to the owner there were sub- stituted references to the person to whom the aircraft has been so demised, let or hired out. (3) Part VI of this Act applies to this Part of this Act. Commence- 50. The provisions of sections forty-two to forty-eight of this mentof Act shall not come into operation Until such day as the Minister OflS ~ may by order appoint, and references in this Part of this Act to Part ~ the appointed day shall be construed as references to the begin- fling of the day so appointed. An order under this section shall be made by statutory instrument. PART V MISCELLANEOUS Application 51.-(1) Any services rendered in assisting, or in saving life of la~' °~d from, or in saving the cargo or apparel of, an aircraft in, on or ~ag~?o over the sea or any tidal water, or on or over the shores of the aircraft, sea or any tidal water, shall be deemed to be salvage services in all cases in which they would have been salvage services if they had been rendered in relation to a vessel; and where salvage services are rendered by an aircraft to any property or person, the owner of the aircraft shall be entitled to the same reward *for those services as he would have been entitled to if the aircraft had been a vessel. The foregoing provisions of this subsection shall have effect notwithstanding that the aircraft concerned is a foreign aircraft, and notwithstanding that the services in question are rendered elsewhere than within the limits of the territorial waters adjacent to any part of His Majesty's dominions. (2) His Majesty may by Order in Council direct that any provisions of any Act for the time being in force which relate to wreck, to salvage of life or property or to the~ duty of rendering assistance to vessels in distress shall, with such exceptions, adaptations and modifications, if any, as may be specified in the Order, apply in relation to aircraft as those provisions apply in relation to vessels, PAGENO="0551" AIR LAWS AND TREATIES OF THE WORLD 545 (3) For the purposes of this section, any provisions of an Act PART v which relate to vessels laid by or neglected as unfit for sea -cont. service shall be deemed to be provisions relating to wreck, and the expression "Act " shall be deemed to include any local or special Act and any provisions of the Harbours, Docks and Piers Clauses Act, 1847, as incorporated with any local or special Act, whenever passed. (4) Part VI of this Act applies to this section.. 52.-(l) The power of His Majesty in Council under sub- Application to section (1) of section four hundred and eighteen of the Merchant seaplan*es of Shipping Act, 1894, to make regulations for the prevention of t~o~ as collisions at sea shall include power to make regulations for the prevention of coffisions at sea- (a) between seaplanes on the surface of the water, and (b) between vessels and seaplànes on the surface of the water; and accordingly the said section and sections fou; hundred and nineteen, four hundred and twenty-one and four hundred and twenty-four of the Merchant Shipping Act, 1894, shall apply in relation to seaplanes on the surface of the water as they apply in relation to ships or vessels, except that- (i) the reference in subsection (1) of the said section four hundred and eighteen to the Admiralty and the Minis- ter of Transport shall be construed as including a refer- ence to the Secretary of State and the Minister of Civil Aviation ; (ii) for the purposes. of subsection (2) of the said section four hundred and eighteen and for the purposes of the said section four hundred and twenty-four, sections four hundred and eighteeen, four hundred and nine- teen, four hundred and twenty-one and four hundred and twenty-four of the Merchant Shipping Act, 1894, shall be deemed to be the only provisions of Part V of that Act relating to the collision regulations or other- wise relating to collisions; and (iii) any reference in the said section four hundred and nineteen to the master or to the person in charge of the deck shall be construed as a reference to the pilot or other person on duty in charge of the seaplane. In this subsection the expression "vessels" has the same meaning as in the Merchant Shipping Act, 1894. (2) For the purpose of the Dockyard Ports Regulation Act, 1865, seaplanes when on the surface of the water shall be deemed to be vessels: Provided that the persons on whose recommendation rules under section seven of that Act may be made shall, in the case See note 1 Supra. PAGENO="0552" 546 AIR LAWS AND TREATIES OF THE WORLD PART v of rules relating to seaplanes, include the Secretary of State and -cont. the Minister of Civil Aviation.'0 (3) Any enactment which confers or imposes oil a conservancy or harbour authority any power or duty to make byelaws for the regulation of ships or vessels shall be construed as if the power or duty so conferred or imposed included a power or duty to make byelaws for the regulation of seaplanes when on the sur- face of the water, and also a power to include in the byelaws provisions authorising the harbour master or other officer of the authority to exercise, as respects seaplanes on the surface of the water, all or any of the functions which he is authorised by the enactment in question to exercise as respects ships or vessels: Provided that byelaws made by virtue of this subsection shall not in any circumstances require, or authorise a harbour master or other officer to require, the dismantling of a seaplane or any part thereof or the making of any alteration whatever of the structure or equipment of a seaplane. (4) Where any enactment, whether by virtue of the last fore- going subsection or not, confers or imposes on a conservancy or harbour authority a power or duty to make byelaws for the regulation of seaplanes when on the surface of the water, or to include in the byelaws such provisions as are mentioned in the said subsection, the following provisions shall have effect : - (a) in a case where the enactment provides that the bye- laws shall not come into force unless they have been confirmed or approved by some Government Depart- ment, byelaws made thereunder in relation to sea- planes shall not be confirmed or approved by that Department except after consultation with the Secretary of State and the Minister of Civil Aviation; (b) in a case where the enactment in question does not provide as aforesaid, byelaws made thereunder after the end of July, nineteen hundred and thirty-six in re- lation to seaplanes shall not, except in a case where they are required to be allowed or approved by a court or a judge, come into force unless they have been confirmed by the Minister of Transport after consulta- tion with the Secretary of State and the Minister of Civil Aviation; (c) in a case where the enactment in question provides that the byelaws shall not come into force unless they have been allowed or approved by a court or a judge, the conservancy or harbour authority shall, before making application to that court or judge for the allowance of the byelaws, forward a copy thereof to the Secretary of State and the Minister of Civil Aviation, and the court or judge shall, before allowing or approving the Sec note 1 Sipra. PAGENO="0553" AIR LAWS AND TREATIES OF THE WORLD 547 byelaws, take into consideration any representations PART V made with respect thereto b~ or on behalf of the Secre- -cont. tary of State or the Minister of Civil Aviation.ht (5) For the purpose of this section- (a) the expression "enactment" shall be construed as including any provisional order for the time being in force (whether or not it has been confirmed by an Act), and the expression "byelaws" shall be con- strued as including rules and regulations; (b) the expressions "conservancy authority" and "har- bour authority" shall have the meanings respectively assigned to them by section seven hundred and forty- two of the Merchant Shipping Act, 1894; (c) the expression "seaplane" shall be construed as including a flying boat and any other aircraft designed to manoeuvre on the water; and (d) seaplanes taking off from, or alighting on, the water shall be deemed to be on the surface of the water while in contact therewith. (6) Part VI of this Act applies to this section. 53.---(l) Any lawful entry into the United Kingdom or any Exemption lawful transit across the United Kingdom, with or without of aircraft landings, of an aircraft to which this section applies shall not a~d Pafrts entail any seizure or detention of the aircraft or any proceedings ~r~i~eizure being brought against the owner or operator thereof or any other on patent interference therewith by or on behalf of any person in the claims. United Kingdom, on the ground that the construction, mechanism, parts, accessories or operation of the aircraft is or are an infringement of any patent, design or model. (2) The importation into, and storage in, the United Kingdom of spare parts and spare equipment for an aircraft to which this section applies and the use and installation thereof in the repair of such an aircraft shall not entail any seizure or detention of the aircraft or of the spare parts or spare equipment or any proceedings being brought against the owner or operator of the aircraft or the owner of the spare parts or spare equipment or any other interference with the aircraft by or on behalf of any person in the United Kingdom on the ground that the spare parts or spare equipment or their installation are or is an infringement of any patent, design or model: Provided that this subsection shall not apply in relation to any spare parts or spare equipment which are sold or distributed in the United Kingdom or are exported frOm the United Kingdo~i for sale or iiistributiolA. - ._. ~.__.____. ~. .~ -- *_.*_ _*.~*_ __~._~._~_~_ ._ ,_-~_ The provisions of Subsection 4 of this section requiring consultation between the Minister of Transport and the Minister of Civil Aviation are repealed by the Transfer of Functions (Ministry of Civil Aviation) Order, 1953, S. I. 1953, No. 1204. PAGENO="0554" 548 AIR LAWS AND TREATIES OF THE WORLD j~AR:r v (3) This section applies- -cont. - (a) to an aircraft, other than an aircraft used in military, customs or police services, registered in any country or territory in the case of which there is for the time being in force a declaration made by His Majesty by Order in Council, with a view to the fulfilment of the provisions of the Chicago Convention to which this section relates, that the benefits of those provisions apply to that country or territory, and (b) to such other aircraft as His Majesty may by Order in Council specify.. ~4) The provisions of the Eighth Schedule to this Act shall have effect with respect to the detention on patent claims in respect of foreign aircraft other than aircraft to which this section applies. (5) Part VI of this Act applies to this section. Explanation of 54. For the avoidance of doubt in the construction of the Carriage by Carriage by Air Act, 1932, whether as forming part of the law Air Act, 1932. of the United Kingdom or as extended to any other country or territory, it is hereby declared that references tq agents in the First Schedule to that Act include references to sei~vants. Recording and 55.-(1) The Minister may by regulations provide for require- registration ing such persons as may be specified in the regulations to keep of births and records and make returns tO him- a 5, C~ (a) of births and deaths occurring in any part of the world in any aircraft registered in Great Britain and Northern Ireland; and (b) of the death, outside the United Kingdom, of any person * who, being a traveller on such an aircraft, is killed * on the journey in consequence of an accident ç and for the keeping in his Department of a record of any returns made to him in -accordance with any such requirement as aforesaid. Any person who fails to comply with any such requirement shall be liable on summary conviction to a~ fine not exceeding twenty pounds. (2) Proceedings for an offence under this section shall not, in England or Wales, be instituted except by or with the consent of the Minister or by or with the consent of the Director of Public Prosecutions, and shall not, in Northern Ireland be in- stituted except by or with the consent otther-Minister, or by the Attorney-General for Northern Ireland. (3) Where such an offence as aforesaid has been committed by a body corporate, every person who at the time of the com- mission of the offence was a director, general manager, secre- tary or other similar offiôer of the body corporate, or was pur- porting to act in any such capacity, shall be deemed to be PAGENO="0555" AIR LAWS AND TREATIES OF THE WORLD 549 guilty of that offence, unless he proves that the offence was PART V committed without his consent or connivance and that he exer- -cont. cised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to a11 the circumstances. In this subsection the expression "director" includes any person occupying the position of director, by whatever name called. (4) Where any such regulations provide for the keeping of records in the Department of the Minister in accordance with subsection (1) of this section they shall also provide for the trans- mission of certified copies of those records to the Registrar General of Births, Deaths and Marriages in England, the Regis-. trar General of Births, Deaths and Marriages in Scotland, or the Registrar General fOr Northern Ireland, as the case may require. (5) The Registrar General to whom any such certified copies are sent shall cause them to be filed and preserved in a book to be kept by him for the purpose, and to be called the Air Register Book of Births and Deaths. (6) Regulations made under subsection (1) of this section shall provide for the rectification of any records kept in the Department of the Minister in pursuance of the regulations and for the transmission of certified copies of any corrected entry in the records to the Registrar General of Births, Deaths and Marriages in England, the Registrar General of Births, Deaths and Marriages in Scotland, or the Registrar General for Northern Ireland, as the case may require. (7) The Registrar General to whom a certified copy of any such corrected entry is sent in accordance with the regulations shall cause the corrected entry to be substituted for the corre- sponding entry for the time being made in the Air Register Book of Births and Deaths. (8) The enactments relating to the registration of births and deaths in England, Scotland and Northern Ireland shall have effect as if the Air Register Book of Births and Deaths were a certified copy or duplicate register transmitted to the Registrar General in accordance with those enactments. (9) The Minister may by regulations provide- (a) for the keeping in his Department of a record of persons reported to him as missing, being persons with respect to whom there are reasonable grounds for believing * that they have died in consequence of an accident to an aircraft registered in Great Britain and Northern Ireland; PAGENO="0556" 550 AIR LAWS AND TREATIES OF THE WORLD PART y (b) for the rectification of any such record; and -COflt. (c) for the transmission of information as to the matters for the time being entered on the record to the Registrar General of Births, Deaths and Marriages in England, the Registrar General of Births, Deaths and Marriages in Scotland or the Registrar General for Northern Ireland, as the case may require. Custody and 56. The Minister may by regulations make provision for' disposal of securing the safe custody and re-delivery of any property which, lost property, while not in proper custody, is found on any premises belonging to him or under his control, or on any premises occupied by any of the Airways Corporations or in any aircraft on any such premises; and any such regulations may in particular- (a) provide for requiring charges to be paid in respect of any such property before it is re-delivered; and (b) provide for authorising the disposal of any such property if it is not re-delivered before the expiration of such period as may be specified in the regulations. PART VI SUPPLEMENTAL Orders in 57.-(l) An Order in Council made under any of the enact- Council ments to which this Part of this Act applies or this Part of this Act may contain such incidental and supplementary provisions as appear `to His Majesty in Council to be necessary or expedient for the purposes of the Order and may authorise the Secretary of State or the Minister to make regulations for carrying out the purposes of the Order in respect of such matters as may be specified in the Order. (2) An Order in Counöil made under any of the enactments to which this Part of this Act applies or this Part of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament and may be revoked or varied by a subsequent Order in Council. (3) Any reference in the enactments to which this Part of this Act applies or this Part of this Act to the provisions of an Order in Council shall include a reference to the provisions of any regulations made, or directions given, under the Order in Council. Detention of 58. Any Order in Council, order or regulations made under aircraft. any enactment to which this Part of this Act applies or this Part of this Act in relation to aircraft may provide for the detention of aircraft to secure compliance with the Order in Council, order or regulations, as the case may be, or with any enactment to which this Part of this Act applies in connection PAGENO="0557" AIR LAWS AND TREATIES OF THE WORLD 551 with which the Order in Council, order or regulations is or are PART VI made, and may make such further provision as appears to His -cont. Majesty in Council or to the Secretary of State or the Minister, as the case may be, to be necessary or expedient for securing such detention. 59.-(l) Notwithstanding that an Order in Council made by Extra- virtue of any enactment to which this Part of this Act applies territorial or this Part of this Act or a regulation made by virtue of any effect. such enactment by the Secretary of State or the Minister has effect only as part of the law of the United Kingdom, no provi- sion contained in the Order or regulation shall, on the ground that it would have extra-territorial operation, be deemed to be invalid in so far as it applies to British aircraft registered in the United Kingdom, wherever they may be, or prohibits, requires or regulates- (a) the doing of anything by persons in, or any of the personnel of, such British aircraft as aforesaid, where- ever they may be, or (b) the doing of anything in relation to such British aircraft as aforesaid by other persons being British subjects or citizens of the Republic of Ireland, wherever they may be. For the purposes of this subsection the personnel of an air- craft shall be deemed to include the commander or other person in charge of the aircraft, and all other members of the crew of the aircraft. Nothing in this subsection shall affect subsection (1) of sec- tion three of the British Nationality Act, 1948 (which limits the criminal liability of certain persons who are not citizens of the United Kingdom and Colonies). (2) His Majesty may by Order in Council direct that any of the following provisions, that is to say- (a) any enactment to which this Part of this Act applies; or (b) any enactment in this Part of this Act ; or (c) any provision of any Order in Council or regulations made by virtue of any, such enactment; being a provision which has extra-territorial operation in relation to British aircraft registered in the United Kingdom, shall, sub- ject to such exceptions, adaptations and modifications, if any, as may be specified in the Order made under this subsection, have such operation also in relation to British aircraft registered in any country or territory mentioned in subsection (1) of section sixty-six of this Act or registered in the Isle of Man or the Channel Islands. PAGENO="0558" 552 AIR LAWS AND TREATIES OF THE WORLD PART VI 60. Any offence under any enactment to which this Part -cont. of this Act applies or under an Order in Council or regulation Offences. made under either any such enactment or this Part of this Act shall, for the purpose of conferring jurisdiction, be deemed to have been committed in any place where the offender may for the time being be. Savings. 61.-(l) Neither this Part of this Act nor any enactment to which this Part of this Act applies shall apply to aircraft~ belonging to or exclusively employed in the service of His Majesty: Provided that His Majesty may, by Order in Council, apply to any such aircraft, with or without modification, any of the said enactments or any Orders in Council, orders or regulations made thereunder. (2) Nothing in, or in any instrument made under, the enact- * ments to which this Part of this Act applies or this Part of this Act, shall prejudice or affect the rights, powers or privileges of any general or local lighthouse authority. PART VII (GENERAL Jurisdiction. 62-(l) Any offence whatever committed on a British aircraft shall, for the purpose of conferring jurisdiction, be deemed to have been committed in any place where the offender may for the time being be. . (2) His Majesty may, by Order in Council, make provision as to the courts in which proceedings may be taken for enforc- ing any claim in respect of aircraft, and in particular may pro- vide for conferring jurisdiction in any such proceedings on any court exercising Admiralty jurisdiction and for applying to such proceedings any rules of practice or procedure applicable to proceedings in Admiralty. (3) Part VI of this Act applies to this section. Interpretation~...~63,-(1) In this Act, except where the context otherwise re- quires, the following expressions have the meanings hereby respectively assigned to them, that is to say- "aerodrome" means any area of land or water designed, equipped, set apart or commonly used for affording facilities for the landing and departure of aircraft; "air transport seivice" means a service for the carriage * by air of passengers, mails or other freight; ""Minister of Transport" see note 1 Supra. "Minister of Health" now Minister of Housing and Local Government. See S. I. 1951, Nos. 753, 1900. "Minister" see note 1 Supra. PAGENO="0559" AIR LAWS AND TREATIES OF THE WORLD 553 "Airways Corporations" means the British Overseas Air- PARTVJI ways Corporation, the British European Airways -cont. Corporation, and the British South American Airways Corporation; ". appropriate Minister" means, in relation to the under- takings indicated in paragraph (a) of the definition of statutory undertakers below, the Minister of Trans- port, in relation to those indicated in paragraph (b) thereof, the Minister of Fuel and Power (but in relation to the undertaking of the North of Scotland Hydro- Electric Board, the Secretary of State) and in relation to those indicated in paragraph (c) thereof the Minister of. Health except in Scotland and in Scotland the Secretary of State; "land" includes any estate or other interest in land and any easement, but this definition shall not affect the con- struction of th~ provisions of sections nineteen and twenty-three of this Act as to the acquisition of land; "local authority" means, except in relation to Scotland, the council of a county, county borough, metropolitan borough or county district, or the Common Council of the City of London and, in relation to Scotland, any county or town council; "Minister" means the Minister of Civil Aviation; "owner ",- (a) in relation to any land in England or Wales means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion, and includes also a person holding or entitled to the rents and profits under a lease or agreement, the unexpired term whereof exceeds three years, (b) in relation to any land in Scotland or Northern Ireland, includes any person who under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of an undertaking and includes also a lessee under a lease the unexpired period of which exceeds three years; "purposes of civil aviation" includes all purposes con- nected with air navigation except purposes of defence of the realm by air and the expression "defence of the realm by air" includes the Air Force and the administration of all matters relating thereto; "statutory undertaker" means any person (including a local authority) authorised by any Act (whether public, general or local), or by any order or scheme made PAGENO="0560" 554 AIR LAWS AND TREATIES OF THE WORLD PART VII under or confirmed by any Act, to construct, work -cont. or carry on- (a) any railway, light `railway, tramway, road transport, water transport, canal, inland' navigation, dock, harbour, pier or lighthouse undertaking; or (b) any undertaking for the supply of electricity, gas or hydraulic power; or (c) any `undertaking for the supply of water; and the expression "statutory undertaking" shall be construed accordingly. (2) Any reference in this Act to the carrying out of works on land shall be construed as including a reference to the making of excavations on the land or to the carrying out of levelling operations on the land, and references to the maintenance of works or to interference with works shall be construed accordingly. (3) For the avoidance of doubt it is hereby declared that in this Act the expression "loss or damage" includes in relation to persons, loss of life and personal injury. (4) Any reference in this Act to goods or articles shall be construed as including a reference to mails or animals. (5) Any reference in this Act to any country or territory shall, unless the context otherwise requires, be construed as including a reference to the territorial waters, if any, adjacent to that country or territory. (6) Any power conferred by this Act shall be in addition to and not in derogation of any other power so conferred. (7) Any power conferred by this Act to make rules or regula- tions shall be exercisable by statutory instrument. (8) Any power conferred by this Act to make any Order in Council or order shall be construed as including a power exercisable in the like manner and subject to the like conditions, if any, to vary or revoke the Order in Council or order. (9) References in this Act to any enactment shall, except in so far as the context otherwise requires, be taken as referring to that enactment as amended by or under any other enactment. General 64.-(l) The provisions of this section shall, in addition to application to any express provisions for the application to Scotland of any co an . provision of this Act, have effect for the general application of this Act to Scotland. (2) Any reference to the High Court shall be construed as a reference to the Court of Session, and any reference to the Lord Chief Justice shall he construed as a reference to the Lord President of the Court of Session. PAGENO="0561" AIR LAWS AND TREATIES OF THE WORLD 555 (3) Any reference to the Lands Tribunal shall be construed PART vii as a reference to the Lands Tribunal for Scotland. -cont. (4) The expression "stay" shall mean "sist ", the expres- sion "requiring security from" shall mean "requiring caution to be found by ", the expression "arbitrator" shall mean "arbiter ", and the expression "plaintiff" shall mean "pursuer ". (5) For any reference to an easement there shall be substituted a reference to a servitude. (6) Any inquiry in relation to an order, which by virtue of any provision of this Act is subject to special parliamentary procedure, shall, if the Minister so directs, be held by Commis- sioners under the Private Legislation Procedure (Scotland) Act, 1936, and where any direction has been so given- (a) it shall be deemed to have been so given under section two as read with section ten of the Statutory Orders (Special Procedure) Act, 1945, and (b) nothing in section fifty of the Town and Country Plan- ning (Scotland) Act, 1945, as applied under paragraph 4 or paragraph 8 of the Fourth Schedule to this Act shall apply to such inquiry. 65.-(l) The following provisions shall, in addition to any General express provision for the application to Northern Ireland of any application to provision of this Act, have effect for the general application of ~Tc!1rth~rn this Act to Northern Ireland, that is to say- (a) any reference to any enactment shall be construed as a reference to that enactment as it has effect in Northern Ireland; (b) any reference to an Act of Parliament shall be con- strued as including a reference to an Act of the Parliament of Northern Ireland; and "enactment" includes an enactment of that Parliament; (c) "summary conviction" means conviction subject to and in accordance with the Petty Sessions (Ireland) Act, 1851, and any Act amending that Act; (d) any reference to the High Court shall be construed as a reference to the High Court of Justice in Northern Ireland. (2) His Majesty may by Order in Council direct that any of the provisions of this Act set out in Part I of the Ninth Schedule to this Act, shall, in the application of that provision toNorthern 67717 O-61----3f~ PAGENO="0562" 556 AIR LAWS AND TREATIES OF THE WORLD * PART vii Ireland, have effect subject to such adaptations as may be speci- -cont. fled in the Order. Part VI of this Act applies to this subsection. (3) The authorisation required for the compulsory purchase by an authority of land in Northern Ireland under subsection (2) of section nineteen of this Act shall be a compulsory purchase order made by that authority and confirmed by the Minister, and the provisions of the Tenth Schedule to this Act shall have effect in relation to every such order; and the provisions of this subsection and that Schedule may be adapted under the last foregoing subsection. (4) The disputes which by this Act are directed to be deter- mined by the Lands Tribunal shall, in the application of this Act to Northern Ireland, be determined by an official arbitrator appointed under section one of the Acquisition of Land (Assess- ment of Compensation) Act, 1919, and the arbitrator shall be selected in accordance with rules made by the Reference Com- mittee under the said section one; and, save in the case of a dis- pute under subsection (3) of section nine, rules so made may make provision with respect to the reference and determination of the dispute and may apply any of the provisions of sections three to six of the said Act of 1919 with such modifications as may be necessary. Application * 66.-(1) His Majesty may, by Order in Council direct that to H.M. any of the provisions of this Act set out in Part II of the Ninth dominions. Schedule to this Act shall extend with such exceptions, adapta- tions and modifications, if any, as may be specified in the Order in Council, to any colony, any British protectorate or any territory in respect of which a mandate on behalf of the League of Nations has been accepted by His Majesty and is being exer- cised by His Majesty's Government in the United Kingdom. For the purposes of the Mandated and Trust Territories Act, `1947, this subsection shall be deemed to be contained in an Act of an earlier session than that Act. (2) If and so far as the provisions of any law made by the legislature of Southern Rhodesia for the purpose of giving effect to the Chicago Convention, or any Annex thereto, or any amend- ment of the Convention or any Annex thereto, or for any other purposes similar to the purposes of the enactments set out in Part II of the Ninth Schedule to this Act, purporting to have extra~territorial operation in relation to aircraft registered in Southern Rhodesia, the said provisions shall be deemed to have such operation. (3) Part VI of this Act applies to this section. PAGENO="0563" AIR LAWS AND TREATIES OF THE WORLD 557 67.-(l) His Majesty may by Order in CouncIl direct that any PART vii of the provisions of this Act shall extend with such exceptions, -con!. modifications and adaptations, if any, as may be specified in the Application to Order, to any of the Channel Islands or to the Isle of Man. ~~n~1eld.. (2) Part VI of this Act shall apply to any Order in Council Isle of Man. under this section extending any of the enactments set out in Part II of the Ninth Schedule to this Act as it applies to any Order in Council made under an enactment to which the said Part VI applies. (3) An Order in Council under this section, except so far it extends any such enactment as aforesaid, may provide for the payment of sums out of moneys provided by Parliament for any purpose for which sums are required to be so paid in consequence of the exercise of the powers conferred by this section. 68.-(l) The disputes which by this Act are directed to be Transitory determined by the Lands Tribunal shall, in the period before the provisions. coming into force of the Lands Tribunal Act, 1949, for the part of Great Britain in question, be determined by an official arbi- trator appointed under section one of the Acquisition of Land (Assessment of Compensation) Act, 1919, and the arbitrator shall be selected in accordance with rules made by the Reference Committee under the said section one; and, during the said period, save in the case of a dispute under subsection (3) of section nine, rules so made may make provision with respect to the reference and determination of the disputes and may apply any of the provisions of sections three to six of the said Act of 1919 with such modifications as may be necessary. (2) Section twenty-five of the Merchant Shipping (Safety and Load Line Conventions) Act, 1932, shall until the commence- ment of the Merchant Shipping (Safety Conventions) Act, 1949, apply in relation to sea-planes on the surface of the water as it applies in relation to ships or vessels: Provided that rules under subsection (2) of the said section twenty-five with respect to sea-planes shall not be made by the Minister of Transport except after consultation with the Secre- tary of State and the Minister of Civil Aviation, and any reference in subsection (3) of the said section to the master or to the person in charge of the deck shall be construed as a reference to the pilot or other person on duty in charge of the sea-plane. This subsection shall be construed as if contained in section fifty-two of this Act. 69. The provisions of the Eleventh Schedule to this Act shall Amendments have effect with respect to the amendments of the enactments of other therein specified. enactments. PAGENO="0564" 558 AIR LAWS AND TREATIES OF THE WORLD PART vii 70.-(l) The enactments set out in the Twelfth Schedule to -cont. this Act are hereby repealed to the extent specified in the third Repeal and column of that Schedule: savings. Provided that, without prejudice to the provisions of the Interpretation Act, 1889, this subsection shall have effect subject to the following provisions of this section. (2) Nothing in this repeal shall affect any instrument or other thing whatsoever made or done or having effect under any enact- ment repealed by this Act and every such instrument or thing shall continue in force and, so far as it could have been made or done under this Act, shall have effect as if made or done under this Act. (3) Nothing in this repeal shall affect the terms and conditions on and subject to which any person held office or served before the commencement of this Act. (4) Where under any Act passed before this Act there is a power to affect Acts of Parliament passed or in force before a particular time and that power would, but for the passing of this Act, have included power to change the law which is reproduced in this Act, then that power shall include power to make such provision as will secure the like change in the law as reproduced in this Act notwithstanding that this Act is not an Act passed or in force before that time and notwithstanding that the terms of this Act, apart from this subsection, are not such as to render that power applicable. (5) Any document referring to any Act or enactment repealed by this Act shall be construed as referring to this Act or the corresponding enactment in this Act. Short title. 71. This Act may be cited as the Civil Aviation Act, 1949. `~ Subsection (1) is repealed, in its application to the United Kingdom, by the S. L R. Act, 1953 (c. 5). PAGENO="0565" AIR LAWS AND TREATIES OF THE WORLD 559 SCHEDULES * FIRST SCHEDULE Sections 24,25 and 30, and PRoVISIONS RELATING TO CERTAIN ORDERS UNDER PART III 2nd and 3rd Schedules. PART I 1. Before making the order, the Minister- (a) shall publish in one or more newspapers circulating in the district in which the land is situated; and (1,) shall serve on every owner, lessee and occupier of any of the land and upon every local authority within whose area any of the land is situated; a notice stating that the Minister proposes to make the order and the effect thereof, and specifying the time (not being less than twenty- eight days from the service of the notice) within which, and the manner in which, objections to the making of the order may be made. 2. If no objection is duly made by any such local authority, owner, lessee or occupier as aforesaid or if all objections so made are withdrawn, the Minister may, if he thinks fit, make the order. 3. If any objection duly made as aforesaid is not withdrawn, the Minister shall, before making the order, either cause a public local inquiry to be held or afford to any person by whom any objection has been duly made as aforesaid and not withdrawn an opportunity of appearing before and being heard by a person appointed by the Minister for the purpose, and after considering the objection and the report of the person who held the inquiry or the person appointed as aforesaid, may, if he thinks fit, make the order. 4. Notwithstanding anything in the two last foregoing paragraphs, the Minister may require any person who has made an objection to state in writing the grounds thereof, and may disregard the objection for the purposes of those paragraphs if he is satisfied that the objection relates exclusively to matters which can be dealt with by the tribunal by whom the compensation is to be assessed. 5. Immediately after the order has been made, the Minister shall publish in one or more newspapers circulating in the district in which the land is situated a notice stating that the order has been made, and naming a place where a copy of the order may be seen at all reasonable hours, and shall serve a like notice on every person who, having duly objected to the order, has not withdrawn his objection. PART II 6. If any person aggrieved by the order desires to question the validity thereof, or of any provision contained therein, on the ground that it is not within the powers of the Minister or that any requirement of this Act has not been complied with in relation to the order, he may, within six weeks from the time when notice that the order ha~ PAGENO="0566" 560 AIR LAWS AND TREATIES OF THE WORLD 1ST SCH. been made is first published in accordance with the requirements of -cont. this Act, make an application to the High Court; and on any such application the Court- (a) may by interim order suspend the operation of the order or of any provision contained therein, either generally or in so far as it affects the applicant, until the final determination of the proceedings; and (b) if satisfied that the order or any provision contained therein is not within the powers of the Minister, or that the interests of the applicant have been substantially prejudiced by any requirement of this Act not having been complied with, may quash the order or any provision contained therein, either generally or in so far as it affects the applicant. 7. Subject to the provisions of the last foregoing paragraph, the order shall not, either before or after it has been made, be questioned in any legal proceedings whatsoever, and shall become operative on the expiration of six weeks from the date on which notice of the making of the order is first published in accordance with the requirements of this Act. 8. This Part of this Schedule shall not apply to an order which is confirmed by Act of Parliament under section six of the Statutory Orders (Special Procedure) Act, 1945, but except as aforesaid shall have effect in relation to an order to which thatAct applies as if in paragraph 6, for the reference to the time when notice that the order has been made is first published in accordance with the requirements of this Act, there were substituted a reference to the time when the order becomes operative under the said Act of 1945, and as if in paragraph 7 the words from "and shall become operative" to the end were omitted. PART III 9. Any person having an interest in land the value of which is diminished in consequence of the coming into operation of the order shall be entitled to recover compensation from the Minister for the diminution, and theprovisions of the Acquisition of Land (Assessment of Compensation) Act, 1919, shall have effect accordingly. 10. Where the order comes into operation before the expiration of two years from the end of the war period, Part VIII of the Requisitioned Land and War Works Act, 1945 (which provides for adjustments of compensation for the purpose of eliminating changes in value due to the exercise of emergency powers) shall apply in relation to any compensation payable under the foregoing provisions of this Schedule as it applies where compensation is payable on the acquisition of an easement over land by virtue of Part II of that Act: Provided that for the purposes of this paragraph subsection (5) of section forty-one of the said Act of 1945 shall have effect as if for the reference therein to the date of the notice to treat there were substituted a reference to the date on which the order comes into operation. In this paragraph the expression "war period" has the same meaning as it has in section forty of the said Act of 1945. PAGENO="0567" AIR LAWS AND TREATIES OF THE WORLD 561 11. Where any interest in land is subject to a mortgage- 1ST SCH. (a) any compensation payable under the foregoing provisions of -cont. this Schedule in respect of the diminution in the value of the interest shall be assessed as if the inter~st were not subject to the mortgage; (b) a claim for any such compensation may be made by any mortgagee of the interest, but without prejudice to the making of a claim by the person entitled to the interest; (c) a mortgagee shall not be entitled to claim compensation under the said provisions in respect of his interest as such; and (d) the compensation payable in respect of the interest subject to the mortgage may be paid by the Minister to such of the claimants as he thinks proper, and shall be applied by that claimant in such manner as the parties interested may agree, or, in default of such agreement, as may be determined by arbitration. In this paragraph the expression "mortgage" includes an equitable charge and any other encumbranôe, and includes a sub-mortgage, and the expression "mortgagee" shall be construed accordingly. 12. Where the order provides for the creation of any easement over land held by a statutory undertaker for the purposes of the carrying on of his undertaking, or of any right in or in relation to such land, the undertaker shall be entitled to recover compensation from the Minister in accordance with the special provisions of Part III of this Act relating to statutory undertakers in any case in which those provisions apply, and shall not, in any such case, be entitled to recover compensation under the foregoing paragraphs of this Schedule. This paragraph shall not apply to Northern Ireland. I'ART IV 13. In the application of this Schedule to Scotland- (a) in paragraph 8, for the words "section six of the Statutory Orders (Special Procedure) Act, 1945," there shall be sub- stituted the words "subsection (4) of section two as read with section ten of the Statutory Orders (Special Procedure) Act, 1945, or under section six of that Act" ; and (b) for references to a mortgage and to a mortgagee there shall be substituted respectively references to a heritable security and to a creditor in a heritable security; and in paragraph 11 for the words from "In this paragraph" to the end of the paragraph there shall be substituted the words- "In this paragraph the expression `heritable security' means a heritable security within the meaning of the Con- veyancing (Scotland) Act, 1924, exclusive of a security by way of ground annual and a real burden ad factum praestandum, but inclusive of a security constituted by ex facie absolute disposition." PAGENO="0568" 562 AIR LAWS A2~D TREATIES OF THE WORLD Section 25 SECOND: SCHEDULE PROVISIONS RELATING TO ORDERS UNDER S. 25 1. Any person having an interest in land to which the order relates shall, if the value of the interest is diminished by the coming into operation of the order, be entitled to recover compensation from the Minister for the diminution. 2. Where the order comes into operation before the expiration of two years from the end of the war period, Part VIII of the Requisitioned Land and War Works Act, 1945 (which provides for adjustments of compensation for the purpose of eliminating changes in value due to the exercise of emergency powers) shall apply in relation to any compensation payable under the foregoing paragraph as it applies where compensation is payable on the acquisition of an easement over land by virtue of Part II of that Act: Provided that for the purposes of this paragraph subsection (5) of section forty-one of the said Act of 1945 shall have effect as if paragraph (a) thereof were omitted therefrom. In this paragraph the expression "war period" has the same meaning as it has in section forty of the said Act of 1945. 3. Paragraph Il of the First Schedule to this Act shall have effect in relation to any compensation payable under paragraph l of this Schedule as it has effect in relation to any such compensation as is therein mentioned. 4. Any person who sustains damage by being disturbed in the use of land or water by reason of the coming into operation of the order (not being damage which consists of the diminution in the value of an interest in land) shall be entitled to recover compensation from the Minister for the damage. 5. For the purposes of assessing compensation under this Schedule, in so far as it is payable in respect of the diminution in the value of an interest in land, section two of the Acquisition of Land (Assessment of Compensation) Act, 1919 shall, so far as it is applicable and subject to any necessary modifications, have effect as it has effect for the purpose of assessing compensation for the compulsory acquisition of land. 6. Where any dispute arises as to whether compensation is payable under this Schedule, or as to the amount of any special compensation or as to the persons to whom it is payable, the dispute shall be referred to and determined by the Lands Tribunal. Section 26. THIRD SCHEDULE PRovisioNs RELATING TO DIRECTIONS UNDER 5. 26 PART I I. Immediately after the Minister has given the direction, he shall publish in one or more newspapers circulating in the district a notice stating that the direction has been given, and shall also serve notice of the direction- (a) in the case of a direction given for the purpose specified in paragraph (c) of subsection (2) of section twenty-six of PAGENO="0569" AIR LAWS AND TREATIES OF THE WORLD 563 this Act, upon every owner, lessee and occupier of any land 3RD SCH. to which the right of way is appurtenant, and upon every -cont. local authority in whose area any of that land is situated; (b) in the case of a direction given for any other purpose specified in the said subsection, upon every owner, lessee and occupier of the land to which the direction relates and upon every local authority in whose area any of that land is situated; (c) in the case of a direction restricting the installation of apparatus or extinguishing rights to instal or maintain apparatus, upon every person whose rights to instal or maintain apparatus are affected by the direction; and (d) in the case of a direction requiring the removal of any apparatus, upon the person entitled to maintain the apparatus required to be removed under the direction. Any notice given with respect to any direction for the purpose of complying with the requirements of this paragraph shall state the effect of the direction. In the application of this paragraph to Scotland, for the words "any land to which the right of way is appurtenant" there shall be substituted the words "the dominant tenement ". 2. The provisions of Part II of the First Schedule to this Act shall, with the necessary modifications, have effect in relation to the direction as they have effect in relation to orders made under section twenty- four of this Act. PART II 3. Any person having an interest in land the value of which is diminished in consequence of the coming into operation of the direction shall be entitled to recover compensation from the Minister for the diminution. 4. Where the direction comes into operation before the expiration of two years from the end of the war period, Part VIII of the Requisi- tioned Land and War Works Act, 1945 (which provides for adjustments of compensation for the purpose of eliminating changes in value due to the exercise of emergency powers) shall apply in relation to any compensation payable under the foregoing paragraph as it applies where compensation is payable on the acquisition of an easement over land by virtue of Part II of that Act: Provided that for the purposes of this paragraph subsection (5) of section forty-one of the said Act of 1945 shall have effect as if para- graph (a) thereof were omitted therefrom. In this paragraph the expression" war period "has the same meaning as it has in section forty of the said Act of 1945. 5. Paragraph 11 of the First Schedule to this Act shall have effect in relation to any compensation payable under paragraph 3 of this Schedule as it has effect in relation to any such compensation as is therein mentioned. 6. Any person who sustains damage by being disturbed in the enjoyment of any right in or over land in consequence of the coming into operation of the direction (not being damage which consists of the diminution in the value of an interest in land) shall be entitled to recover compensation from the Minister in respect of that damage. PAGENO="0570" 564 AIR LAWS AND TREATIES OF THE WORLD 3RD SCH. 7. The Minister shall pay compensation in respect of any expenditure -cont. reasonably incurred by any person for the purpose of carrying out work which is required to be carried out by the direction. 8. The compensation payable to any person by virtue of the fore- going provisions of this Schedule shall be reduced b~' the value to him of any timber, apparatus or other materials removed for the purposes of complying with the direction. 9. For the purpose of assessing compensation under this Schedule, in so far as it is payable in respect of the diminution in the value of an interest in land, section two of the Acquisition of Land (Assess- ment of Compensation) Act, 1919, shall, so far as it is applicable and subject to any necessary modifications, have effect as it has effect for the purpose of assessing compensation for the compulsory acquisition of land. 10. Where any dispute arises as to whether compensation is payable under this Schedule, or as to the amount of any such compensation, or as to the persons to whom it is payable, the dispute shall be referred to and determined by the Lands Tribunal. 11. Where the direction affects any building, structure, or apparatus held or used by a statutory undertaker for the purposes of his under- taking, or affects any of the rights of a statutory undertaker to instal or maintain apparatus for those purposes, or affects any right of way enjoyed by a statutory undertaker for those purposes, the undertaker shall be entitled to recover compensation from the Minister in accord- ance with the special provisions of Part III of this Act relating to statutory undertakers in any case in which those provisions apply, and shall not, in any such case, be entitled to recover compensation under the foregoing paragraphs of this Schedule. This paragraph shall not apply in Northern Ireland. Section 30. FOURTH SCHEDULE ADJUSTMENTS OF THE FUNCTIONS OF STATUTORY UNDERTAKERS P~u~TI 1. Where it appears to the Minister and the appropriate Minister, upon a representation made by the person carrying on a statutory undertaking, that in order to facilitate any adjustment of the carrying on of the undertaking necessitated by any order made or proposed to be made under or in pursuance of Part III of this Act, or by any direction given or proposed to be given in pursuance of the said Part III, it is expedient that the powers and duties of the said person in relation to the carrying on of the undertaking should be extended or modified, the Minister and the appropriate Minister may by order provide for such extension or modification of the said powers and duties as appears to them to be requisite for facilitating the adjustment. 2. Without prejudice to the generality of the provisions of the foregoing paragraph, an order under this Part of this Schedule may provide- (a) for empowering the person carrying on the undertaking to acquire, whether compulsorily or by agreement, any land specified in the order and to erect or construct any buildings or works so specified; PAGENO="0571" AIR LAWS AND TREATIES OF THE WORLD 565 (b) for applying in relation to the acquisition of such land and 4TH SCH. the construction of such works enactments relating to the -cont. acquisition of land and tile construction of works (including the Acquisition of Land (Assessment of Compensation) Act, 1919 and Part V of the Town and Country Planning Act, 1947); and for such incidental and supplemental matters as appear to the Minister and the appropriate Minister to be expedient for the purposes of the order. 3. As soon as may be after the making of a representation under this Part of this Schedule, the person carrying on the undertaking shall publish, in such form and manner as may be directed by the Minister and the appropriate Minister, a notice giving such particulars as may be so directed of the matters to which the representation relates and specifying the time within which, and the manner in which, objections to the making of an order on the representation may be made, and shall also, if it is so directed by the Minister and the appropriate Minister, serve a like notice on such persons, or persons of such classes, as may be.so directed. 4. The provisions of the First Schedule to the Town and Country Planning Act, 1944, shall have effect as if the reference in sub-paragraph (1) of paragraph 1 of that Schedule to the making of an order under section twenty-six of that Act included a reference to the making of an order under this Part of this Schedule; and, subject to those pro- visions in a case in which they have effect, the Minister and the appropriate Minister may, if they think fit, make an order. 5. An order under this Part of this Schedule shall be subject to special parliamentary procedure. PART II 6. Where on a representation in that behalf made by the person carrying on a statutory undertaking the appropriate Minister is satisfied * that the making of any order under or in pursuance of Part III of this Act or the giving of any direction in pursuance of the said Part III has rendered impracticable the fulfilment of any obligation of the said person incurred in connection with the carrying on of the under- taking, the appropriate Minister may by order direct that the said person shall be relieved of the fulfilment of the obligation either absolutely or to such extent as may be specified in the order. 7. As soon as may be after the making of a representation to the appropriate Minister under the last foregoing paragraph the person carrying on the undertaking in question shall, as may be directed by the appropriate Minister, either publish, in such manner as may be so directed, a notice giving such particulars as may be so directed of the matters to which the representation relates and specifying the time within which, and the manner in which, objections to the making of an order on the representation may be made, or serve such a notice on such persons, or persons of such classes, as may be so directed, or both publish and serve such notices. PAGENO="0572" 566 AIR LAWS AND TREATIES OF THE WORLD 4TH Scu. 8. The provisions of the First Schedule to the Town and Country -cont. Planning Act, 1944, shall have effect as if the reference in sub-paragraph (1) of paragraph I of that Schedule to the making of an order under section twenty-seven of that Act included a reference to the making of an order under this Part of this Schedule; and subject to those provisions in a case in which they have effect, the appropriate Minister may, if he thinks fit, make an order. 9. If any objection to the making of an order under this Part of this Schedule is made and is not withdrawn before the making of the order, the order shall be subject to special parliamentary procedure. PART III 10. This Schedule shall apply to Scotland subject to the following modifications :- (a) for references to the Town and Country Planning Act, 1944, to sections twenty-six and twenty-seven thereof, to the First Schedule thereto and to sub-paragraph (1) of paragraph I of that Schedule there shall be substituted respectively references to the Town and Country Planning (Scotland) Act, 1945, to sections twenty-five and twenty-six thereof, to the First Schedule thereto, and to sub-paragraph (I) of paragraph 1 of that Schedule; and (b) for the reference to Part V of the Town and Country Planning Act, 1947, there shall be substituted a reference to Part IV of the Town and Country Planning (Scotland) Act, 1947. Section 42. FIFTH SCHEDULE LIMITs OF LIA~BILITY 1. The limits of liability under subsection (1) of section forty-two of this Act in respect of such loss or damage as is mentioned in that subsection shall, in the case of an aircraft of any such description as is mentioned in the first column of the following Table, be an amount to be ascertained, in relation to that description of aircraft, by reference to the second column of the said Table. Description of Aircraft Limit of Liability (a) Airships . . ... ... £25,000. (b) Balloons (whether fixed or £5,000. free). (c) Gliders ... ... ... £2,000, so, however, that not more than £1,000 shall be payable in respect of loss of, or damage to, property. PAGENO="0573" AIR LAWS AND TREATIES OF THE. WORLD 567 £10,000, so, however, that not more more than £5,000 shall be payable in respect of loss of, or damage to, property. £10,000, so, however, that, in respect of loss of, or damage to, property, there shall not be payable more than £1 for each pound of the weight of the aircraft fully loaded. £1 for each pound of the weight of the aircraft fully loaded. 2. References in the foregoing Table to pounds of weight shall be construed as references to pounds avoirdupois; and the Minister may by regulations prescribe the manner in which the weight of an aircraft fully loaded is to be ascertained for the purposes of this Schedule, and direct that, in the case of an aircraft of any particular description, such document as may be specified in the regulations, being a document which purports to show the weight of the aircraft fully loaded, shall be evidence of that weight. SIXTH SCHEDULE Section 45. PRovIsIoNs AS TO PoLlcms OF INSURANCE, SECURITIES AND DEPosn's Rights and remedies under or in respect of policies and securities 1 .-(l) Where a certificate of insurance has been delivered in connection with a policy of insurance, so much of the policy as purports to restrict, or attach conditions to, the insurance of any person insured thereby shall, subject to the provisions of this paragraph, be of no effect as respects any such liability as is required to be covered by a policy under Part IV of this Act: Provided that nothing in this paragraph shall require an insurer to pay any sum in respect of the liability of any person otherwise than in or towards the discharge of that liability, and any sum paid by an insurer in or towards the discharge of any liability of a person which is covered by the policy by virtue only of this paragraph, shall be recoverable by the insurer from that person. (2) Nothing in this paragraph shall affect any provision in a policy being a provision which- (a) restricts the insurance- (i) by limiting the period of the insurance, or (ii) by limiting the loss or damage insured against to loss or damage caused to persons or property in the United Kingdom, or Description of Aircraft Limit of Liability 5TH SCH. -cont. (d) Other aircraft- (i) if the weight of the air- craft fully loaded does not exceed 5,000 pounds. (ii) if the weight of the air- craft fully loaded exceeds 5,000 pounds but does not exceed 10,000 pounds. (iii) if the weight of the air- craft fully loaded exceeds 10,000 pounds but does not exceed 25,000 pounds. (iv) if the weight of the air- craft fully loaded exceeds 25,000 pounds. £25,000. PAGENO="0574" 568 AIR LAWS AND TREATIES OF THE WORLD 6m. scH. (iii) in the case of any aircraft, by specifying as the -~cont. amount up to which the insurer undertakes to indemnify the insured against liability incurred by him by way of damages in respect of loss or damage caused on any one occasion to persons or property on land or water by, or by a person in, or an article or person falling from, that aircraft while in flight, taking off or landing, an amount not less than the total limit of liability appropriate to that aircraft, or (iv) in the case of any aircraft, by specifying as the amount up to which the insurer undertakes to indemnify the insured against liability incurred by him by way of damages in respect of loss of~ or damage to, property on land or water caused on any one occasion by, or by a person in, or an article or person falling from, that aircraft while in ifight, taking off or landing, an amount not less than the limit of liability for property claims appropriate to that aircraft, or (v) by providing that the insurer shall not be liable to pay any claim under the policy if, at the time of the happening of the event which was the cause. of the loss or damage giving rise to the claim, a licence to fly was not in force in respect of the aircraft in connection with which the claim is made, or (b) provides that the insurer shall not be liable to pay any claim in respect of loss or damage which is caused or contributed to by conditions of war, riot or civil commotion. (3) For the purposes of this paragraph, a provision in a policy which enables one party or either party to determine the insurance shall be deemed to be a provision restricting the insurance by limiting the period thereof, if, but only if, the provision requires the giving to the other party of at least seven clear days' notice in writing~ Of the cancellation of the insurance. (4) In this paragraph the expression "licence to fly" means a written authority permitting the aircraft to fly, issued in accordance with an Order in Council under section eight of this Act. 2.-(l) If, after a certificate of insurance has been delivered in connection with a policy of insurance, a judgment in respect of any such liability as is required to be covered by a policy under Part IV of this Act (being a liability covered by the terms of the policy) is obtained against a person insured by the policy, then, notwithstanding that the insurer may be entitled to avoid or. cancel, or may have avoided or cancelled, the policy, the insurer shall, subject to the pro- visions of this paragraph, pay to the persons entitled to the benefit of the judgment any sum payable thereunder in respect of the liability, including any amount payable in respect of costs and any amount payable by way of interest on that sum by virtue of any enactment relating to interest on judgments. In the application of this sub-paragraph to Scotland, the words "by virtue of any enactment relating to interest or judgments" shall be omitted. PAGENO="0575" AIR LAWS AND TREATIES OF THE WORLD 569 (2) No sum shall be payable by an insurer under the foregoing 6TH SCH. provisions of this paragraph- -cont. (a) in respect of any judgment, unless before, or within seven days after, the commencement of the proceedings in which the judgment was given, the insurer had notice of the bringing of the proceedings; or (b) in respect of any judgment, so long as execution thereon is stayed pending an appeal; or (c) in connection with any liability, if both- (i) the policy was cancelled by mutual consent or by virtue of any provision contained therein, and the cancellation took effect before the happening of the event which was the cause of the loss or damage giving rise to the liability, and (ii) a written notice of the cancellation stating the time at which it takes effect was, not less than seven clear days before the date of the happening of the said event, served by the insurer on the Minister. Any notice to be served for the purposes of this sub-paragraph on the Minister shall be deemed to be duly served if it is sent by registered post in a letter addressed to the Secretary of the Ministry of Civil Aviation, London. (3) No sum shall be payable by an insurer under the foregoing provisions of this paragraph, if, in an action commenced before, or within three months after, the commencement of the proceedings in which the judgment was given, he has obtained a declaration that, apart from any provision contained in the policy, he is entitled to avoid it on the ground that it was obtained by the non-disclosure of a material fact, or by a representation of fact which was false in some material particular, or, in a case where he has avoided the policy on that ground, that he was entitled so to do apart from any provision contained in the policy: Provided that an insurer who has obtained such a declaration as aforesaid in an action shall not thereby become entitled to the benefit of this sub-paragraph as respects any judgment obtained in proceedings commenced before the commencement of that action, unless before, or within seven days after, the commencement of that action, he has given notice thereof to the person who is the plaintiff in the said proceedings, specifying the non-disclosure or false repre- sentation on which the insurer proposes to rely; and any person to whom notice of such an action is so given shall be entitled, if he thinks fit, to be made a party to the action. (4) Nothing in this paragraph shall, in relation to any particular policy of insurance, require the insurer to pay any sum in excess of the amount for which, apart from this paragraph, he is liable under the policy or would be liable under the policy if it had not been cancelled or avoided; and where, by reason of two or more judgments against a person insured by the policy having been obtained in respect of loss or damage, caused on any one occasion, several claims under this paragraph are made against, or apprehended by, the insurer in relation to any aircraft, he may make application to the High Court, PAGENO="0576" 570 AIR LAWS AND TREATIES OF THE WORLD 6m SCH. and thereupon the court may determine the maximum liability of the -cont. insurer in respect of the claims and also, if need be, his liability in respect of such of those claims as are for loss of or damage to property and may distribute the amount of his liability among the several claims on the following principles:- (a) if the claims are solely in respect of loss of life or personal injury or solely in respect of loss of, or damage to, property, the amount of the liability shall be distributed rateably; (b) if there are claims both in respect of loss of life or personal injury and in respect of loss of, or damage to, property, one-half of the insurer's total maximum liability shall be appropriated, so far as necessary, to meeting claims for loss of life or personal injury and shall be distributed rateably among them, and the other half shall be distributed rateably among all the claims, including claims in respect of loss of life or personal injury if and so far as they exceed the afore- said appropriation: Provided that for the purposes of this sub-paragraph so much only of a claim shall be taken into account as represents the amount of damages awarded under the judgment in respect of which the claim is made, and interest on that amount. (5) Where an application is made to the court under the last fore- going sub-paragraph, the court may stay any proceedings pending in any other court in relation to the same matter, and may give such directions as the court thinks proper for the joining of persons inter- ested as parties to the proceedings, for the exclusion of claims which are not brought before the court within a certain time, and for requiring security from the insurer. (6) If an insurer becomes liable under this paragraph to pay, in respect of any liability of a person insured by a policy, an amount for which the insurer would not, apart from the provisions of this paragraph, be liable, he shall be entitled to recover the said amount from that person. (7) References in the foregoing provisions of this paragraph to a person insured by a policy shall, unless the context otherwise requires, be construed as including references to his estate, and except in Scotland the said provisions shall, in relation to a claim established against the estate of a deceased person in proceedings for the admini- stration of that estate, have effect- (a) as if the final determination in those proceedings that the claim is established were a judgment obtained against the estate of the deceased in proceedings brought by the claimant as plaintiff, and (b) as if the making of the claim in the administration proceedings were the commencement of the proceedings in which the judgment was given. (8) In this paragraph the expression "liability covered by the terms of the policy" means a liability which is covered by the policy, or which would be so covered but for the fact that the insurer is entitled to avoid or cancel, or has avoided or cancelled, the policy. PAGENO="0577" AIR LAWS AND TREATIES OF THE WORLD 571 3. Where a certificate of insurance has been delivered in connection 6TH SCH. with a policy of insurance, the happening, in relation to a person -cont. insured by the policy, of any such event as is mentioned in subsection (1) or subsection (2) of section one of the Third Parties (Rights against Insurers) Act, 1930, shall, notwithstanding anything in that Act, not affect any such liability of that person as is. required to be covered by a policy under Part IV of this Act, but nothing in this paragraph shall affect any rights against the insurer conferred by that Act on the person to whom the liability was incurred. 4.-(l) Any person against whom a claim is made in respect of any such liability as is required to be covered by a policy of insurance under Part IV of this Act shall, on demand by or on behalf of the person making the claim, state whether or not, at the time of the event which was the cause of the loss or damage giving rise to the claim, he, or (if the claim is made against him as representing the estate of a deceased person) the deceased, was insured in respect of that liability by any policy having effect for the purposes of Part IV of this Act, or would have been so insured if the insurer had not avoided or cancelled the policy, and, if he or the deceased, as the case may be, was or would have been so insured, give such particulars with respect to that policy as were specified in the certificate of insurance delivered in connection with the policy. (2) If any person fails, without reasonable excuse, to comply with this paragraph, or wilfully makes any false statement in reply to such a demand as aforesaid, he shall be liable on summary conviction to a fine not exceeding, in the case of a first offence, twenty pounds or, in the case of a second or subsequent offence, fifty pounds, or to imprisonment for a term not exceeding four months. 5.-(1) Where a certificate of insurance has been delivered in connection with a policy of insurance, and the policy is cancelled by mutual consent or by virtue of any provision in the policy, the person to whom the certificate was delivered shall, within seven days from the taking effect .of the cancellation, surrender the certificate to the insurer or, if it has been lost or destroyed, send a written notice to that effect by post to the insurer. Where a notice is sent to an insurer in pursuance of the foregoing provisions of this paragraph, the person sending the notice shall, if within seven days after the receipt thereof he is requested by the insurer so to do, make a statutory declaration to the effect that the certificate of insurance to which the notice relates has been lost or destroyed, as the case may be. (2) If any person fails to comply with this paragraph, he shall be liable on summary conviction to a fine not exceeding, in the case of a first offence, twenty pounds or, in the case of a second or subsequent offence, fifty pounds, or to imprisonment for a term not exceeding four months. (3) Any reference in this paragraph to a certificate of insurance shall, in relation to a policy in connection with which more than one such certificate is issued, be construed as a reference to all the certificates, and shall, where any copy of such a certificate has been issued, be construed as including a reference to that copy. 67717 O-61-----37 PAGENO="0578" 572 AIR LAWS AND TREATIES OF* THE WORLD 6n~ SCH. 6. The foregoing provisions of this Schedule shall apply in relation -cont. to securities having effect for the purposes of Part IV of this Act, as they apply in relation to policies of insurance; and, in relation to any security having effect for the purposes of Part IV of this Act, references in the said provisions to being insured, to a certificate of insurance, to an insurer and to a person insured shall be construed. respectively as references to the having in force of the security, to the certificate of * security, to the giver of the security and to a person whose liability is covered by the security. Deposits 7.-(l) No part of any sum which, for the purpose of any provision of section forty-three of this Act, has been deposited by any .person with the Accountant-General of the Supreme Court shall, so long as any liabilities incurred by that person, being such liabilities as are required to be covered by a policy of insurance under Part IV of this Act, have not been discharged or otherwise provided for, be applicable in discharge of any other liabilities incurred by him. (2) Any rules made by the Board of Trade under section two of the Assurance Companies Act, 1909, which apply to deposits made by insurers carrying on aircraft insurance business, shall with such modifications and adaptations as may be prescribed by rules made by the Minister after consultation with the Lord Chancellor, apply to deposits made under section forty-three Of this Act with the Accountant- General of the Supreme Court and the Minister, after the like con- sultations, may make such rules with respect to the said deposits as the Board of Trade might have made under the said section two if the Assurance Companies Act, 1946, had not passed. Supplementary Provisions 8.-(1) The Minister may make regulations- (a) for prescribing the forms of certificates of insurance and certificates of security to be used for the purposes of Part IV of this Act, and the particulars to be contained in such certificates; (b) as to applications for, and the issue of, such certificates of insurance and certificates of security, as to the issue of copies of any such certificates which are lost or destroyed, and as to the keeping of records and documents and the furnishing of particulars, and the giving of information with respect thereto, to the Minister or a chief officer of police; (c) ~ts to the carrying cf documents in aircraft, and as to the production of such documents on demand to such persons as may be specified in the regulations; (d) for prescribing (without prejudice to any Order in Council made under Part IV of this Act) that the provisions of Part IV of this Act which relate to insurance, securities and deposits in respect of third party risks shall, in relation to any such class of aircraft registered outside the United Kingdom as may be specified in the regulations, have effect subject to such modifications, adaptations and exceptions as may be so specified; and (e) generally for carrying into effect the said provisions of Part IV of this Act. PAGENO="0579" AIR LAWS AND TREATIES OF THE WORLD 573 (2) If any person contravenes `or fails to comply with any regulations made by the Minister under this paragraph, that person shall be liable on summary conviction to such fine, not exceeding twenty pounds, as may be prescribed bythe regulations. (3) Any statutory instrument containing regulations made by the Minister under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament. (4) In this paragraph the expression "chief officer of police" has the same meaning as in the Police Pensions Act, 1921. SURVIVAL OF CAUSES OF ACTION IN NORTHERN IRELAND AFTER DEATH * 1. This Schedule applies to every cause of action in respect of loss or damage which, after the appointed day, is caused to persons or property on land or water by, or by a person in, or an article or person falling from, an aircraft while in flight, taking off or landing. 2. Subject to the provisions of this Schedule, on the death of any person, after the appointed day, all causes of action to which this Schedule applies subsisting against, or vested in, him shall survive against, or, as the case may be, for the benefit of, his estate. 3. Where a cause of action to which this Schedule applies survives as aforesaid for the benefit of the estate of a deceased person, and the death of that person has been caused by the circumstances which give rise to the cause of action, the damages recoverable for the benefit of his estate shall be calculated without reference to any loss or gain to his estate consequent on his death, except that a sum in respect of funeral expenses may be included. 4. No proceedings shall be maintainable in respect of a cause of action which, by virtue of this Schedule, has survived against the estate of a deceased person unless either- (a) proceedings against him in respect of that cause of action were pending at the date of his death, or (b) the cause of action arises not earlier~ than six months before his death and proceedings are taken in respect thereof not later than six months after his personal representative took out representation. 5. Where damage has been suffered by reason of any circumstances by reason of which a cause of action to which this Schedule applies would have subsisted against any person, if that person had not died before or at. the same time as. the damage was suffered, there shall' be deemed, for the purposes of this Schedule, to have been `subsisting against him before his death such cause of action by reason of those circumstances as would have subsisted if he had died after the damage was suffered. .. . - 6. In the event of the insolvency.of an estate' against which `proceed~ ings are thainta~nab1e by virtue of this Schedule, any liability in respect "Repealed by the Law Reform ~ 1954 (c. 26) (N. I.), Section 6(2)(b). 6m ScH~ -cont. SEVENTH SCHEDULE14 Section 47. PAGENO="0580" 574 AIR LAWS AND TREATIES OF THE WORLD 7~ Sc~. of thecause of action in respect of which the proceedings are maintain- -cont. able shall be deemed to be a debt provable in the administration of the estate, notwithstanding that it is a demand in the nature of Un- liquidated damages arising otherwise than by a contract or promise. Section 53. EIGHTH SCHEDULE PATENT CLAIMS AGAINST AIRCRAFT NOT PROTECTED UNDER CHICAGO CONVENTION 1. Where it is alleged by any person interested that a foreign aircraft, which is not an aircraft to which section fifty-three of this Act applies, and which is making a passage through or over the United Kingdom, infringes in itself or in any part of it any invention, design or model which is entitled to protection in the United Kingdom, it shall be lawful, subject to and in accordance with rules of court, tQ detain the aircraft until the owner thereof deposits or secures in respect of the alleged infringement a sum (in this Schedule referred to as "the deposited sum ") and thereupon the aircraft shall not, during the continuance or in the course of the passage be subject to any lien, arrest, detention or prohibition, whether by order of a court or other- wise, in respect or on account of the alleged infringement. 2. The deposited sum shall be such sum as may be agreed between the parties interested or, in default of agreement, fixed by the Minister or some person duly authorised on his behalf; and payment thereof shall be made or secured to him in such manner as he shall approve. 3. The deposited sum shall be dealt with by such tribunal and in accordance with such procedure as may be prescribed by rules' of court, and such rules may provide generally for carrying this Schedule into effect. 4 For the purposes of this Schedule, the expression "owner" shall include the actual owner of an aircraft, and any person claiming through or under him, and the expression "passage" shall include all reasonable landings and stoppages in the course or for the purpose of the passage. Sections 65, NINTH SCHEDULE 66 and 67. P~wrI PRovIsIoNs WHICH MAY BE ADAPTED FOR NORTHERN IRELAND Section seven; Sections thirteen and fourteen; Sections nineteen to twenty-two; In section twenty-three, subsections (8), (9), (10) and (11); Section twenty-seven; Section thirty-eight; Sections forty-two to fifty; Section fifty-two; The Schedules referred to in the foregoing enactments and Parts VI and VII of this Act so far as they apply to the foregoing enactments. PAGENO="0581" AIR LAWS AND TREATIES OF THE WORLD 575 PART II 9TH Scu. PRovIsioNs WHICH MAY BE EXTENDED TO THE COLONIES, ETC. cont. The enactments set out in Part I of this Schedule; Sections eight to eleven; Subsection (1) of section sixteen; In section twenty-three, subsections (1), (5) and (6); Sections forty and forty-one; Section fifty-one; Section fifty-three; Section sixty-two; The Eighth Schedule; Parts VI and VII of this Act so far as they apply to the foregoing enactments. TENTH SCHEDULE Section 65. ORDERS FOR THE COMPULSORY PURCHASE OF LAND IN NORTHERN IRELAND UNDER s. 19. (2) PART I Provisions as to the Compulsory Acquisition of Land 1. A compulsory purchase order shall be in the prescribed form and shall describe, by reference to a map the land to which the order applies, and shall incorporate, subject to the modifications hereinafter mentioned and any necessary adaptations,- (a) the Lands Clauses Acts, except section ninety-two and sections one hundred and twenty-seven to one hundred and thirty-two of the Lands Clauses Consolidation Act, 1845; (b) the Acquisition of Land (Assessment of Compensation) Act, 1919; and (c) sections seventy-seven to eighty-five of the Railways Clauses Consolidation Act, 1845. 2. The mOdifications subject to which the Lands Clauses Acts and the Acquisition of Land (Assessment of Compensation) Act, 1919, shall be incorporated in a compulsory purchase order are as follows :-~ (a) the arbitrator shall not take into account any building erected, or any improvement or alteration made, or any interest in land created, after the date on which notice of the order having been made is published in accordance with tl?is Part of this Schedule, if in the opinion of the arbitrator, the erection of the building, or the making of the improvement or alteration, or the creation of the interest, in respect of which a claim is made was not reasonably necessary and was carried out with a view to obtaining compensation or increased compensation; . (b) no person shall be required to sell a part only Of any house, building or manufactory, or of any land which forms part of a park or garden belonging to a house, if he is willing and PAGENO="0582" 576 AIR LAWS AND TREATIES OF THE WORLD lOrH SCH. able to sell the whole of the house, building, manufactory, --cont. park or garden, unless the arbitrator determines- (i) in the case of' a house, building or manufactory, that such part as is proposed to be taken .can be taken without material detriment to the house, building or manufactory, or (ii) in the case of a park or garden, that such part as aforesaid can be taken without seriously affecting the amenity or convenience of the house; and if he so determines, he shall award compensation in respect of any loss due to the severance of the part proposed to be taken, in addition to the value of that part, and there- upon the party interested shall be required to sell to the local authority that part of the house, building, manufactory, park or garden. 3. Before submitting a compulsory purchase order to the Minister, the local authority by which the order was made shall- (a) publish in a newspaper circulating in the district of the local authority a notice in the prescribed form stating that the order has been made and describing the area to which it applies, and naming a place where a copy of the order and of the map referred to therein may be seen at all reasonable hours, and (b) serve on every owner, lessee and occupier (except tenants for a period not exceeding one month) of any land to which the order relates, a notice in the prescribed form stating the effect of the order and that it is about to be submitted to the Minister for confirmation, and specifying the time within which, and the manner in which, objections to the order may be made. 4. If no objection to a compulsory purchase Order is duly made by any of the persons upon whom notices are required by the last foregoing paragraph to be served; or if all such objections so made are withdrawn, the Minister may, if he thinks fit, confirm the order with or without modification, but in any other case he shall, before confirming the order, cause a local inquiry to be held and consider any objection not withdrawn and the report of the person who held the inquiry, and may then confirm the order with or without modifi- cation: Provided that- (a) the Minister may. require any person who made an objection to state in writing the grounds thereof, and may confirm the order without causing a local inquiry to be held, if he is satisfied that every objection duly made relates exclusively to matters whichcan be dealt with by the arbitrator by whom the compensation is to be. assessed; and .. (b) the order as confirmed by the Minister shall not, unless all persons interested consent, authorise thô local authority to purchase any land which theorder would not have authorised them to purchase if it had been confirmed. without modifi- catiOn. . . PAGENO="0583" AIR LAWS AND TREATIES OF THE WORLD 577 5.-(l) Where the Minister causes a local inquiry to be held under lOm Scu. the last foregoing paragraph, the provisions of sections two hundred -coat. and nine, two hundred and ten, two hundred and twelve and two hundred and thirteen of the Public Health (Ireland) Act, 1878, shall apply with the substitution of the Minister for the Ministry of Health and Local Government for Northern Ireland. (2) The costs in relation to the inquiry, not exceeding five guineas a day, shall be paid by the parties concerned in the inquiry, or by such of them and in such proportions as the Minister may direct, and the Minister may certify the amount of the costs incurred, and any sum so certified and directed by the Minister to be paid by any such party shall be a debt to the Crown from that party. 6. For the purposes of this Part of this Schedule a notice may be served- (a) by registered post or by delivcry to, or at the residence of, the person to whom it is addressed; or (b) if the local authority is unable, after reasonable inquiry, to ascertain the name and address of the person upon whom the notice should be served, by addressing it to him- (i) by name, if his name is known, or (ii) if his name is not known, by the description of "owner" or "occupier" of the premises (naming them) to which the notice relates, and by delivering the notice to some person on the premises, or, if there is no person on the premises to whom it can be delivered, by affixing it or a copy thereof to some conspicuous part of the premises. PART II Restrictions on Acquisition of Land 1. The Minister shall not confirm a compulsory purchase order authorising the purchase of any land which is the site of an ancient monument or other object of archaeological interest or which forms part of any common, open space or allotment or which belongs to the council of a county, county borough or urban or rural district, or the commissioners of a tOwn, or is held by any statutory undertakers for the purposes of their undertaking, and shall not confirm a com- pulsory purchase order authorising the purchase of any forest, plantation or area of woodland, except after consultation with the Ministry of Agriculturefor Northern. Ireland. * 2. In this Partof this Schedule- (a) the expression "common" includes any town or village green; (b) the expression "open space" means any land laid out as a public garden or usedlfór the purposes of public recreation, and any disused burial ground; and (c) the expression "allotment" means any allotment set out as * a fuel allotment or a field garden allotment under an Inclosure Act. * PAGENO="0584" 578 AIR LAWS AND TREATIES OF THE WORLD 1OTHSCH. PART III Validity and date of operation of Compulsory Purchase Orders 1. As soon as may be after a compulsory purchase order has been confirmed by the Minister, the local authority by which the order was made shall publish in a newspaper circulating in the district of the local authority a notice in the prescribed form stating that the order has been so confirmed, and naming a place where a copy of the order and of any map therein referred to may be seen at all reasonable hours, and shall serve a like notice on every person who, having given notice of his objection to the order, appeared at the local inquiry in support of his objection. 2. If any person aggrieved by a compulsory purchase order desires to question the validity of the order, or of any provision contained therein, on the ground that it is not within the powers of this Act, or that any requirement of this Act or of any regulation made there- under has not been complied with in relation to the order, he may, within six weeks after the date on which notice of the confirmation of the order is published in accordance with the last foregoing para- graph, make an application for the purpose to the High Court, and upon any such-application the court- (a) may by interim order suspend the operation of the order in question or of any provision contained therein, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings, and (b) if satisfied that the order in question or any provision contained therein is not within the powers of this Act, or that the interests of the applicant have been substantially prejudiced by any requirement of this Act or of any regulation made thereunder not having been complied with, may quash the order or any provision contained therein, either generally or in so far as it affects any property of the applicant. 3. Subject to the foregoing provisions of this Part of this Schedule, a compulsory purchase order shall not, either before or after it has been confirmed, be questioned in any legal proceedings whatsoever, and shall become operative at the expiration of six weeks from the date on which notice of the confirmation of the order is published in accordance with this Schedule. 4. Except by leave of the Court of Appeal no appeal shall lie to the House of Lords from a decision of the Court of Appeal under this Part of this Schedule. - - - - - - PARTlY - Regulations The Minister may make regulations prescribing anything which may be prescribed for the purposes of this Schedule. PAGENO="0585" AIR LAWS AND TREATIES OF THE WORLD 579 ELEVENTH SCHEDULE section 69. AMENDMENTS OF OTHER ENACTMENTS Public Health Act, 1936, s. 143 1.-(1) In section one hundred and forty-three of the Public Health Act; 1936 (which empowers the Minister of Health to make regula- tions with a view to the treatment of certain diseases and for preventing the spread of such diseases) for references to the Secretary of State there shall be substituted references to the Minister. (2) The said section shall have effect in relation tO aerodromes for the time being vested in or under the control of the Minister, and in relation to persons in aircraft arriving at or departing from such aerodromes, subject to the following modifications, that is to say- (a) in subsection (3) thereof, for the words "shall satisfy the authorities, whether county councils, local authorities, or port health authorities, by whom they are to be enforced and executed" there shall be substituted the words "may provide for their enforcement and execution by officers designated for that purpose by the Minister or the Minister of Civil Aviation"; (b) in subsection (4) for the words "Authorised officers of any such authority" there shall be substituted the words" Officers so designated as aforesaid ". (3) Without prejudice to the generality of the power conferred by the said section, regulations made thereunder may provide for requiring persons alighting from aircraft to answer questions pertaining to their state of health or their contact with infection. (4) His Majesty may by Order in Council direct that the said section, so far as it relates to such regulations as are specified in subsection (9) thereof, shall apply in relation to aerodromes in Northern Ireland for the time being vested, in or under the control of the Minister of Civil Aviation, and in relation to persons and aircraft arriving at or departing from such aerodromes, subject to such exceptions, modi- fications and adaptations as may be specified in the Order. (5). His Majesty may by Order in Council direct that any regulations made under the said section as that section has effect by virtue of foregoing provisions of this paragraph shall extend, . with such ëxceptions,~ modifications and adaptations, if any,. as may be specified in the Order, to any of the Channel Islands or to the Isle of Man. For the purposes of this sub-paragraph, subsections (4) and (5) of the said section shall be deemed to form part of the regulations mentioned in this sub-paragraph. PAGENO="0586" 580 AIR LAWS AND TREATIES OF THE WORLD ll~ SCH. Public Health (Scotland) Act, 1945, s. 1 cont. 2.-(l) Section one of the Public Health (Scotland) Act, 1945 (which empowers the Secretary of State to make regulations with a view to the treatment of certain diseases and for preventing the spread of such diseases) shall have effect in relation to aerodromes for the time being vested in or under the control of the Minister of Civil Aviation, and in relation to persons and aircraft arriving at or departing from such aerodromes, subject to the following modifications, that is to say- (a) in subsection (3) for the words "shall satisfy the authorities, whether local authorities or port local authorities, by whom they are to be enforced and executed" there shall be substituted the words "may provide for their enforcement and execution by officers designated for that purpose by the Secretary of State or the Minister of Civil Aviation ". (b) in subsection (4), for the words "Authorised officers of any such authority" there shall be substituted the words "Officers so designated as aforesaid ". (2) Without prejudice to the generality of the powers conferred by the said section, regulations made thereunder may provide for requiring persons alighting from aircraft to answer questions pertaining to their state of health or their contact with infection. Air Navigation Act, 1936 3. Part VI of this Act applies to sections twenty-four and twenty-six of the Air Navigation Act, 1936. Railway (Air Transport) Acts 4. In the Great Western Railway (Air Transport) Act, 1929, the London and North Eastern Railway (Air Transport) Act, 1929, the London, Midland and Scottish Railway (Air Transport) Act, 1929, and the Southern Railway (Air Transport) Act, 1929, references to the Secretary of State or to the Air Council or to the President of the Air Council shall be construed as references to the Minister. Other Local and Private Acts 5. Any enactment contained in a local or private Act other than the Acts hereinbefore mentioned, being an enactment relating to civil aviation, shall have effect subject to such modifications as may be specified by Order in Council for the purpose of the transfer to the Minister of functions of the Secretary of State relating to civil aviation. PAGENO="0587" AIR LAWS AND TREATIES OF THE WORLD 581 The Air Navigation Act, 1920. The Air Navigation Act, 1936. The Air Navigation (Financial Provi- sions) Act, 1938. The British Overseas Airways Act, 1939. The Ministry, of Civil Aviation Act, 1945. The Assurance Com- panies Act, 1946. The whole Act, save sections twenty- four and twenty-six and in sub- section (1) of section thirty-five the words "This Act may be cited as the Air Navigation Act, 1936 ", and the Fourth Schedule. The whole Act. Section thirty and the Fourth Schedule. The whole Act, save so far as it amends the British Overseas Air- ways Act, 1939. In section one, in subsection (1), the words from the beginning to the words" Part ill of that Act and ". In section five, in subsection (1) paragraph (c); in subsection (2) paragraph (c); in subsection (3) the words "or sub-paragraph (2) of paragraph 7 of the Third Schedule to the Air Navigation Act, 1936 ". In the Second Schedule the proviso to paragraph 1 of Part I and paragraph (a) of sub-paragraph (2) of paragraph 3 of Part IJI. Part 11. Sections thirty-six to forty-six. Sections forty-eight and forty-nine. Section fifty-two. In section fifty-three, subsections (3) to (10), and (12), (13) and (15). Section fifty-four. In section fifty-five, in subsection (1) the words from "except" to the second "aerodromes" and from "For the purposes of" to the end of the subsection. The Third, Fourth, Fifth and Sixth Schedules. The whole Act. TWELFTH SCHEDULE15 REPEALS Section 70. Session and, Chapter Short title , Extent of repeal The whole Act. lO&llGeo.5. c. 80. 26 Geo. 5. & 1 Edw. 8. c. 44. 1 & 2 Geo. 6. c. 33. 2 & 3 Geo. 6. c. 61. 8 & 9 Geo. 6. c. 21. 9 & 10 Geo. 6. c. 28. 9&lOGeo.6. c. 70. The Civil Aviation Act, 1946. IO&.11 ~ T~ Air Navigation C. 18. Act, 1947. `5 Repealed in its application to the United Kingdom, by the S. L. R. Act, 1953 (c. 5). PAGENO="0588" 582 AIR LAWS AND TREATIES OF THE WORLD In section one, in subsection (1), the words from the beginning to the words" Part III of that Act and ". In section five, paragraph (b) of subsection (1) and paragraph (b) of subsection (2). In the Second Schedule, the proviso to paragraph 1 of Part I and sub- paragraph (2) of paragraph 3 of Part III. Order in Council S.R.&O.,1936, No. 1378. The Air Navigation In the Schedule, the amendments of (Northern Ireland) the First Schedule to the Air (Adaptation of Navigation Act, 1936. Enactments) Order, 1936. Table of Statutes referred to in this Act 12TH Scu. -cont. Session and Chapter Short title : Extent of repeal 10 & 11 Geo. 6. c. 51. 10 &1l Geo. 6. c. 53. The Town and Coun- At the end of the Eighth Schedule try Planning Act, the amendments of the Civil 1947. Aviation Act, 1946. The Town and Coun- In the Eighth Schedule the amend- try Planning (Scot- ments of the Civil Aviation Act, land) Act, 1947. 1946. Act of the Parliament of Northern Ireland 10 & 11 Geo. 6. The Assurance Com- c. 1. panies Act (Nor- thern Ireland), 1947. Short Title Session and Chapter Small Tenements Recovery Act, 1838 ... Defence Act, 1842 ... 1 & 2 Vict. c. 74. Lands Clauses Consolidation Act, 1845 S & 6 Vict. c. 94. ... Railways Clauses Consolidation Act, 1845 ... 8 & 9 Vict. c. 18. Harbours, Docks and Piers Clauses 8 & 9 Vict. c. 20. Act, Petty $essions (Ireland) Act, 1851 ... 10 & 11 Vict. c. 27. Ordnance Board Transfer Act, 1855 ... 14 & 15 Vict. c. 93. Police (Scotland) Act, 1857 ... 18 & 19 Vict. c. 117. ... ... ... ~ Dockyard Ports Regulation Act, 1865 ... 20 & 21 Vict. c. 72. Documentary Evidence Act, 1868 28 & 29 Vict. c. 125. Promissory Oaths Act, 1868 ... 31 & 32 Vict. c. 37. ... Defence Acts Amendment Act, 1873 ... 31 & 32 Vict. c. 72. ... Public Health (Ireland) Act, 1878 ... 36 & 37 Vict. c. 72. ... ... Municipal Corporations Act, 1882 ... 41 & 42 Vict. c. 52. Interpretation Act, 1889 ... 45 & 46 Vict. c. 50. ... Local Registration of Title (Ireland) 1891 ... 52 & 53 Vict. c. 63. Act, Burgh Police (Scotland) Act, 1892 ... 54 & 55 Vict. c. 66. ... ... Notice of Accidents Act, 1894 ... 55 & 56 Vict. c. 55. ... Merchant Shipping Act, 1894 57 & 58 Vict. c. 28. ... Public Health (Scotland) Act, 1897 57 & 58 Vict. c. 60. ... ... Assurance Companies Act, 1909 ... 60 & 61 Vict. c. 38.. PAGENO="0589" AIR LAWS AND TREATIES OF THE WORLD 583 Short Title London County Council (Finance Consolidation) Act, 1912 Defence of the Realm (Acquisition of Land) Act, 1916 Air Force (Constitution) Act, 1917 Acquisition of Land (Assessment of Compensation) Act, 1919 Air Navigation Act, 1920 Government of Ireland Act, 1920 Police Pensions Act, 1921 Conveyancing (Scotland) Act, 1924 Land Charges Act, 1925 Great Western Railway (Air Transport) Act, 1929 London North Eastern Railway (Air Transport) Act, 1929 London Midland and Scottish Railway (Air Trans- port) Act, 1929 Southern Railway (Air Transport) Act, 1929 Third Parties (Rights against Insurers) Act, 1930 Road Traffic Act, 1930 Merchant Shipping (Safety and Load Line Con- ventions) Act, 1932 Carriage by Air Act, 1932 Local Government Act, 1933 ... Law Reform (Miscellaneous Provisions) Act, 134 Road Traffic Act, 1934 Restriction of Ribbon Development Act, 1935 Public Health Act, 1936 Private Legislation Procedure (Scotland) Act, 1936 Air Navigation Act, 1936 Ministers of the Crown Act, 1937 Air Navigation (Financial Provisions) Act, 1938 British Overseas Airways Act, 1939 Town and Country Planning Act, 1944 Public Health (Scotland) Act, 1945 Ministry of Civil Aviation Act, 1945 Town and Country Planning (Scotland) Act, 1945 Requisitioned Land and War Works Act, 1945 Statutory Orders (Special Procedure) Act, 1945 Assurance Companies Act, 1946 Acquisition of Land (Authorisation Procedure) Act, 1946 Civil Aviation Act, 1946 Town and Country Planning Act, 1947 Town and Country Planning (Scotland) Act, 1947 Air Navigation Act, 1947 Mandated and Trust Territories Act, 1947 British Nationality Act, 1948 Lands Tribunal Act, 1949 Merchant Shipping (Safety Conventions) Act, 1949 Session and Chapter 2&3Geo. 5.c.cv. 6&7Geo.5.c.63. 7 & 8 Geo. 5. c. 51. 9& 10 Geo. 5. c. 57. 10 & 11 Geo. S.c. 80. lO&ll Geo.5.c.67. 11 &l2Geo. S.c. 31. 14&l5Geo.5.c.27. 15&l6Geo.5.c.22. 19 &2OGeo. S.c. liv. i9 &2OGeo. S.c. lv. 19 & 20 Geo. 5. c. lvi. 19 & 20 Geo. 5. c. lvii. 20&2lGeo.5.c.25. 20&2l Geo.5.c.43. 22 &23 Geo. 5.c.9. 22 & 23 Geo. S.c. 36. 23 &24Geo. S. C. 51. 24&2SGeo.S.c.41. 24 & 25 Geo. S.c. SO. 25 & 26 Geo. S.c. 47. 26 Geo. S. & 1 Edw. 8. c. 49. 26 Geo. S. & 1 Edw. 8. c. 52. 26 Geo. 5. & 1 Edw. 8. c. 44. 1 Edw. 8. & 1 Geo. 6. c. 38. 1 &2Geo.6.c.33. 2 & 3 Geo. 6. c. 61. 7 & 8 Geo. 6. c. 47. 8 &9Geo.6.c. 15. 8 &9Geo.6.c.21. 8 &9Geo. 6.c.33. 8 &9Geo.6.c.43. 9 & 10 Geo. 6. c. 18. 9 & 10 Geo. 6. c. 28. 9 & lOGeo.6.c.49. 9 &lOGeo. 6.c.70. 10&llGeo.6.c.Sl. 10&llGeo.6.c.53. 10&llGeo.6.c.18. 11 &l2Geo.6.c.8. 11 &l2Geo.6.c.S6. 12 & 13 Geo. 6. c. 42. 12 & 13 Geo. 6. c. 43. PAGENO="0590" 584 AIR LAWS AND TREATIES OF THE WORLD Air Corporations Act, 1949 to 19561 ARRANGEMENT OF SECTIONS Constitution of the corporations Section 1. The Air Corporations. 2. Constitution of the corporations. Functions of the corporations 3. Functions of the corporations. 4. Appointment of committees. 5. General powers of Minister in relation to the corporations. 6. Use of aircraft registered in His Majesty's dom.inions. 7. Corporations not to be exempt from taxation, etc. Borrowing powers 8. Borrowing powers of the corporations. 9. Provisions as to stock of the corporations. 10. Power of Treasury to guarantee stock and temporary loans of the corporations. 11. Transfers of guaranteed stock to be free of stamp duty. 12. Limitation of the borrowing powers of the corporations. Exchequer grants 13. Exchequer grants to the corporations. 14. Revision of Exchequer grants to the corporations. 15. Exchequer grants to associates of the corporations. 16. Limitation of Exchequer grants. 17. Expenses and receipts of Minister. General financial provisions 18. Reserve funds. 19. Application of revenues. Staff, wages, pensions, etc. 20. Terms and conditions of employment of staff, etc. 21. Pensions, etc. Accounts, reports and information 22. Accounts and audit. 23. Annual report and periodical returns. The Air Corporations Act, 1949, 1953 and 1956, may be cited by this title. Air Corporations Act, 1956, Section 2(1). PAGENO="0591" AIR LAWS AND TREATIES OF THE WORLD 585 Reservation of certain air services to the corporations and their associates Section 24. Reservation of certain air services to. the corporations and their associates. 25. Power of Minister to require information. Special powers in case of emergency 26. Special powers in case of emergency. Transitional provisions relating to merger of British South American Airways Corporation and British Overseas Airways Corporation 27. Merger of British South American Airways Corporation and British Overseas Airways Corporation. 28. Stock and loans. 29. Disposal of excess revenue. 30. Accounts, etc. 31. Supplementary. Transitional provisions relating to the acquisition of certain undertakings by British Overseas Airways Corporation 32. Transitional provisions relating to the acquisition of certain undertakings by British Overseas Airways Corporation. 33. Ex~mption from stamp duty.. Transitory provisions as to superannuation, etc. 34. Pension and superannuation schemes of vendor companies. 35. Superannuation schemes already established by British Overseas Airways Corporation~ Supplemental 36. Provisions as to offences. 37. Regulations and order. 38. Interpretation. 39. General application to Northern Ireland. 40. Application to Channel Islands and Isle of Man. 41. Repeal and savings. 42. Short title. SCHEDULES: First Schedule.-Supplementary Provisions as to the Corporations. Second Schedule.-Provisions as to. Pensions and Super- annuation Schemes of Vendor Companies. Part I-Pensions Scheme of Imperial Airways Limited. Part Il-Superannuation Scheme of British Airways Limited. Third Schedule.-Repeals. PAGENO="0592" PAGENO="0593" CHAPTER 91 An Act to consolidate the enactments relating to the con- stitution and functions of the British Overseas Airways Corporation, the British European Airways Corporation and the British South American Airways Corporation. [16th December 1949.] BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows :- Constitution of the corporations 1.-(1) There shall be two corporations to be known as "the The Air British Overseas Airways Corporation" and "the British Euro~ Corporations. pean Airways Corporation" and, subject to the transitional provisions of this Act as to its merger with the British Overseas Airways Corporation, there shall also be a corporation to be known as "the British South American Airways Corporation." (2) The three corporations mentioned in the preceding sub- section are hereinafter referred to as "the corporations" and the two corporations first mentioned therein are hereinafter referred to as "the permanent corporations." 2.-(l) Each of the corporations shall consist of a chairman, Constitution a deputy chairman and such number of other members as the of the Minister may from time to time determine: COrPO1~tiOnS. Provided that- (a) the total number of members of each corporation shall not be less than five nor more than eleven; * (b) two deputy chairmen of the British Overseas Airways Corporation may be appointed. 587 67717 O-61-----38 PAGENO="0594" 588 AIR LAWS AND TREATIES OF THE WORLD -(2) The members of each of the corporations shall be appointed by the Minister, who shall also appoint the chairman and deputy-chairman or deputy-chairmen of each corporation from among its members2 (3) The supplemen~iry provisiOns contained in the First Schedule to this Act shall have effect in relation to each of the corporations. Functions of the corporations Functions 3.-(l) Each of the corporations shall, subject to the provi- of the sions of this Act, have power to provide air transport services corporations, and to carry out all other forms of aerial work, and may pro- vide such services and carry out such work, whether on charter terms or otherwise, in any part of the world; and it shall be the duty of each of the corporations to exercise those powers so as to secure that the air services which they may provide are developed to the best advantage, and, in particular, to exer- cise those powers so as to secure that, the services provided by the corporation are provided at reasonable .charges. (2) Each of the corporations shall have power, subject as hereinafter provided, to do anything which is calculated to facilitate the discharge of their functions under the preceding subsection, or of any other functions conferred or imposed on the corporation by or under this Act, or is incidental or con- ducive to the discharge of any such functions. (3) The Minister may, by an order relating to any of the corporations, define the powers conferred upon the corporation by the preceding provisions of this section so far as he thinks it desirable so to do for the purpose of securing that the public are properly informed as to the general nature and scope of the activities in which the corporation may engage; but nothing in any such order shall prejudice the generality of the powers conferred by the preceding provisions of this section. Save as may be expressly provided by an order made under this subsection, none of the corporations shall have power to manufacture air-frames or aero-engines or airscrews. (4) Without prejudice to the generality of the powers conferred by the preceding provisions of this section, each of the cor- porations shall in particular have power, subject as hereinafter provided- (a) to acquire any undertaking constituted for the purpose of providing air transport services or of engaging in any other activities of a kind which the corporation have power to carry on, or to acquire, hold or have any shares or stock in. or any financial interest in, any such undertaking; 2 "The Minister" is now the Minister of Transport and Civil Aviation. See the Transfer of Functions (Ministry of Civil Aviation) Order, 1953, S. I. 1953, No. 1204. PAGENO="0595" AIR LAWS AND TREATIES OF THE WORLD 589 (b) to promote the formation of any such undertaking as is mentioned in the preceding paragraph ; and (c) to lend money to, or enter into guarantees for the benefit of, any such undertaking as aforesaid. (5) The Minister may, by an order relating to any of the corporations, limit the powers of the corporation, to such extent as he thinks desirable in the public interest, by providing that any power of the corporation specified in the order shall not be exercisable except in accordance with a general or special authority given by him. (6) Any statutory instrument containing an order made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament. 4. Each of the corporations shall appoint such committees, Appointment with such advisory or executive functions, as are necessary for of committees. the purpose of securing the efficient discharge of the functions of the corporation, and, in particular, for the purpose of securing that those functions are exercised with due regard to the circum- stances and requirements of particular areas. 5. The Minister may, after cOnsultation with any of the cor- General porations, give to that corporation directic~ns of a general powers of character as to the exercise and performance by that corporation ~ of. their functions in relation to matters appearing to the Minister the corpora- to affect the national interest; and the corporation concerned tions. shall give effect to any such directions. 6. Without prejudice to their general duty to comply with Use of aircraft directions given by the Minister under this Act, each of the registered in corporations shall in particular comply with such directions as may from time to time be given by the Minister, after consulta- tion with the corporation, for securing that, to such extent and in such cases as may be specified in the directions, aircraft used by the corporation in connection with any service operated by them shall be registered in some partof His Majesty's dominions. 7.-(1) Except in so far as is otherwise provided by sections Corporations twenty-seven and thirty-three of this Act, it is hereby declared not to be that nothing in this Act exempts any of the corporations from exempt from liability for any tax, duty, rate, levy or other charge whatsoever, taxation, etc. whether general or local. (2) It is hereby declared that no provision of this Act con- ferring any power or imposing any duty upon any of the cor- porations authorises the disregard by the corporation of any rule of law, whether having effect by virtue of any enactment or otherwise. PAGENO="0596" 590 AIR LAWS AND TREATIES OF THE WORLD (3) Without prejudice to the generality of the provisions of the last preceding subsection, nothing in this Act shall be con- strued as exempting any of the corporations, or any person employed by any of the corporations, from compliance with the provisions of any Order in Council made or having effect under section thirteen of the Civil Aviation Act, 1949 (which relates to the licensing of air transport and commercial flying). Borrowing powers Borrowing 8.-(l) `Each of the permanent corporations may, with the powers of the consent of the Treasury, or in accordance with the terms of any corporations, general authority given by the Treasury, borrow, temporarily, by way of overdraft or otherwise, such sums as the corporation may require for meeting their obligations or discharging their functions. (2) Subject to the provisions of this Act, each of the permanent corporations may, with the consent of the Treasury, borrow money by the issue of stock for all or any of the following pur- poses, that is to say- (a) the provision of working capital; (b) the promotion of other undertakings, the acquisition of other undertakings or of shares or stock in other undertakings,. and the making of loans to, and the ful- filment of guarantees given for the benefit of, other undertakings; (c) the redemption of any stock which the corporation are required or entitled to redeem; and (d) any other expenditure properly chargeable to capital account, including the repayment of any money tem- porarily borrowed under subsection (1) of this section for any of the purposes mentioned in the preceding paragraphs of this subsection'. Provisions as 9.-(l) Each of the permanent corporations may create and to stock of the issue any stock required for the purpose of exercising their corporations. powers under the last preceding section, and may also, with the consent of the Treasury, create and issue stock which is to be allotted as consideration for the acquisition of other under- takings or of shares or stock in other undertakings. (2) Subject to the provisions of subsection (1) of section twenty-eight of this Act, stock issued by any o the corporations and the interest thereon shall be charged on the undertaking and all property and revenues of that corporation. PAGENO="0597" AIR LAWS AND TREATIES OF THE WORLD 591 (3) Subject to the provisions of this Act, the stock of each of the corporations shall be issued, transferred, dealt with and redeemed upon such terms and in accordance with such regula- tions as the Minister, with the approval of the Treasury, may prescribe, and any such regulations may, in relation to any such stock, apply with or without modifications any provisions of the Local Loans Act, 1875, or of any enactment relating to stock issued by a local authority. (4) The approval of the Minister shall be required for naming or changing the name of stock issued by the British Overseas Airways Corporation. 1O.-(1) The Treasury may guarantee, in such manner and Power of on such conditions as they think fit, the redemption or repay- Treasury to ment of, and the payment of any interest on, any stock issued, ~ or temporary loan raised, by any of the corporations. temporary (2) Any sums required by the Treasury for fulfilling ~guaran- t~e~ given under this section shall be charged on and issued out of the Consolidated Fund of the United Kingdom, or the growing produce thereof (hereinafter referred to as "the Consolidated Fund "), and any sums received by way of repayment of any sums so issued, or by way of interest thereon, shall be paid into ~the E~hequer. (3) The undertaking and all property and revenues of the corporation concerned shall be charged with the repayment of any sums so issued out of the Consolidated Fund, including interest thereon at such rates as the Treasury may determine; and any such charge shall rank- (a) where the charge is a charge for the repayment of sums issued out of the Consolidated Fund in respect of stock, next after the principal and interest of the stock and any sums which the corporation are bound to set aside towards the redemption of the stock, and in priority to any other charge not existing at the date of the issue of the stock ; and (b) where the charge is a charge for the repayment of sums issued out of the Consolidated Fund in respect of a temporary loan, next after the principal and interest of * the loan (in so far as that principal or interest are charged upon the undertaking, property or revenues * of the corporation), and in priority to any other charge not existing at the date of the raising of the loan. (4) Immediately after a~y guarantee is given under this see- tion, the Treasury shall lay a statement of the guarantee before each House of Parliamer~. - 3Extended by the Air Corporations Act, 1956 (c. 3), Section 1(3). - PAGENO="0598" 592 AIR LAWS AND TREATIES OF THE WORLD (5) Where any sum is issued out of the Consolidated Fund under this section, the Treasury shall, as soon as possible after the end of each financial year beginning with that in which the sum is issued and ending with that in which all liability in respect of the principal of the sum and in respect of interest thereon is finally discharged, lay before each House of Parlia- ment an account of that sum and of any payments made, during the financial year to which the account relates, by way of repay- ment of that. sum or by way of interest thereon. Transfers of 11. Where the payment of principal and interest on any stock guaranteed issued by any of the corporations is guaranteed by the Treasury, stock to be free transfers of the stock shall be exempt from all stamp duties. of stamp duty. Limitation 12.-(l) Subject as hereinafter provided, the aggregate of of the the amounts outstanding in respect of the principal of any stock powers Jthe issued and of any temporary loans raised by the British Overseas corporations. Airways Corporation shall not at any time exceed sixty million pounds4 (2) Subject as hereinafter provided, the aggregate of the amounts outstanding in respect of the principal of any stock issued and of any temporary loans raised by the British Euro- pean Airways Corporation shall not at any time exceed twenty million pounds,5 - (3) Nothing in this section shall prevent either of the permanent corporations from borrowing in excess of the limit prescribed by the preceding provisions of this section for the purpose of redeeming any stock of the corporation which they are required or entitled to redeem, or of paying off any temporary loan. Exchequer grants Exchequer 13.-(l) In respect of each financial year which expires before grants to the the first day of April, nineteen hundred and fifty-six, each of the corporations, corporations shall, at such time before the beginning of the year as the Minister may direct, submit to the Minister- (a) a programme of the air transport services which the cor- poration propose to provide during that year and of the other activities in which the corporation propose to engage during that year; and (b) an estimate of the revenue to be received by the cor- poration during that year and of the expenditure to be incurred by them on revenue account during that year. (2) Every programme and estimate so submitted shall be in such form and shall contam such particulam and every estimate Raised from sixty million pounds to one hundred and sixty million pounds by the Air Corporations Act 1956 (c. 3), Section 1(1). 5Raised from twenty million pounds to sixty million pounds by the Air Corporations Act, 1956 (c~ S), Section 1(1) and the borrowing powers of the British Overseas Air- ways Corporation were extended in accordance with Ibid., Section 1(2). PAGENO="0599" AIR LAWS AND TREATIES OF THE WORLD 593 so submitted shall b~ made upon such basis, as the Minister may, with the approval of the Treasury, direct. (3) If, after the Minister has considered any such programme and estimate and has given to the corporation concerned an opportunity of making representations to him with respect thereto, it appears to the Minister and to the Treasury that the expenditure on revenUe account of the corporation concerned during the financial year to which the estimate relates will be in excess of their revenue during that year, the Minister and the Treasury shall determine whether any Exchequer grant should be made to the corporation concerned for the year in question, aild, if such a grant~i~ to be made, the basis on which the amount thereof is to be calculated; and the Minister shall, at the con- clusion of the year, make to .the corporation such grant, if any, as falls to b~ maçle up9n that basis. (4) If having regard to afly determination made for the pur- poses of the last preceding subsection it appears to the Minister to be expedient so to do, he may, notwithstanding that the year to which the determination relates is not yet ended, make to the corporation concerned such payments as the Treasury may approve on accouijt of any grant which he may subsequently become authorised to make to the corporation for that year under the precedil3g provisions of this section.. Any such payment shall be provisional only, and, when it is determined what grant ultimately falls to be made to the cor- poration for the year under the preceding provisions of this section, shall be subject to adjustment, either by way of pay- ments to the corporation by the Minister, or payments to the Minister by the corporation, as the case may require. (5) In this section- (a) the expression "revenue" does not include any grant which may be made by the Minister under this Act; and (b) the expression "expenditure" in relation to any esti- mate, includes any sum thereby proposed to be set aside or allocated for any purpose, other than a sum which would fall to be charged to capital account. 14.-(l) If, after the Minister and the Treasury have made Revision of any determination for the purposes of subsection (3) of the last Exchequer preceding section, it appears that any material assumption is, grants to the or is likely to be, at variance with the facts, the corporation corporations. concerned may, and shall if the Minister so requires, submit to the Minister a strternent giving particulars of the discrepancy. PAGENO="0600" 594 AIR LAWS AND TREATIES OF THE WORLD In this subsection the expression "material assumption ", in relation to any determination, means any of the assumptions which were made for the purpose of arriving at the estimate of revenue and expenditure upon which the determination was based. (2) If having regard to any such statement, and to any information furnished to him `in connection therewith, the Minister is satisfied that any determination made for the pur- poses of subsection (3) of the last preceding section ought to be revised, he may, with the consent of the Treasury, revise the determination, and where any such revision is made the amount of the grant to be made .under the last preceding section to the corporation concerned for. the financial year in question shall be increased or reduced accordingly. (3) Where any such revision is made, such adjustments shall be made, either by way of payments to the corporation by the Minister, or payments to the Minister by the corporation, as are necessary in consequence of the revision.. (4) Where any such determination has been so revised as afore- said, the determination may be further revised in accordance with the provisions of this section, and the said provisions shall have effect for the purposes of any such further revision as they have effect for the purposes of a first revision. Exchequer 15.-(l) The Minister may, with the approval of the Treasury, grants to make grants to any associate of any of the corporations in associates consideration of promises made by the associate with respect to ~Lti~rations the performance, at any time before the first day of April, nine- teen hundred and fifty-six, of functions similar to those which any of the corporations have `power to perform. (2) It shall be a term of every agreement made by the Minister to make grants in pursuance of this section that no grants shall be payable under the agreement unless the associate complies with such requirements as may be imposed by the Minister for securing that one or more directors of the associate shall be a person or persons nominated by him. (3) In this Act the expression "associate ", in relation to any of the corporations, means any subsidiary of the corpora- tion, or any undertaking which- (a) is constituted for the purpose of providing air transport services or of engaging in any other activities of a kind which the corporation have power to carry on; and (b) is associated with the corporation under the terms of any arrangement for the time being approved by the Minister as being an arrangement calculated to further the efficient `discharge of the functions of the corporation; PAGENO="0601" AIR LAWS AND TREATIES OF THE WORLD 595 16. The total amount of the' grants made by the Minister Limitation of under the preceding provisions of this Act in respect of any Exchequer one financial year shall not exceed eight million pounds. grants. 17. All sums payable by the Minister in accordance with the Expenses and preceding provisions of this Act shall be defrayed out of moneys receipts of provided by Parliament; and any sums received by him in Mmister. accordance with those provisions shall be paid into the Exchequer. General financial provisions 18.-(l) `Each of the corporations shall have a reserve fund. Reserve funds. (2) The management of the said fund, the sums to be carned from time to time to the credit thereof, and the* application thereof shall be as the corporation concerned may determine: Provided that- (a) no part of the said fund shall `be applied otherwise than for the purposes of the corporation; and (b) the power of the Minister to give directions to the cor- poration shall extend to the giving to them, with the approval of the Treasury, of directions as to any matter relating to the establishment or management of the said fund, the carrying of sums to the credit thereof, or the application thereof, notwithstanding that the directions may be of a specific character. 19.-(1) Any excess of the revenues of any of the corporations Application for any financial year over the total sums properly chargeable of revenues. by the corporation to revenue account for that year, including in such sums (without prejudice to the generality of that ex- `pression) sums credited under the last preceding section to the ieserve fund of the corporation, shall be applied by the cor- poration in such manner as the Minister, with the approval of the Treasury and after consultation with the chairman of the corporation. may direct. (2) Any direction given under the preceding subsection may require the whole or any part of any such excess as aforesaid to be paid into the Exchequer: Provided that the total amount which has been paid into the Exchequer out of the revenues of any one, of the corporations by virtue of any such directions shall not at any time exceed the total amount of the grants which have been made by the Minister to that corporation under the Civil Aviation Act, 1946, or this Act. PAGENO="0602" 596 AIR LAWS AND TREATIES OF THE WORLD Staff, wages, pensions, etc. Terms and 20.-(l) It shall be the duty of each of the corporations, conditions of except in* so far as the corporation are satisfied that adequate employment machinery exists for achieving the purposes of this subsection, * to seek consultation with any organisation appearing to the cor- * poration to be appropriate with a view to the conclusion between the corporation and that organisation of such agreements as appear to the parties to be desirable with respect to the establish- ment and maintenance of machinery for- (Ca) the settlement by negotiation of terms and conditions of employment of persons employed, by the corpora- tion, with provision for reference to arbitration in default of such settIe~neñt in such cases as may be determined by Or under the agreements; and (b) the discussion of matters affecting the safety, health and welfare of persons employed by the corporation, and of other matters of mutual interest to the corpora- ti~n and such persons, including effipiency in the Qpera- tion of the corporation's services. (2) Where any of the corporations conclude such an agree- ment as is mentioned in t~ie last preceding subsection, or any variation is made in such an agreement, the corporation con- cerned shall forthwith transmit particulars of the agreement or the variation to the Minister and the Mioister of Labour and National Service. (3) In relation to any agreement affecting employment in t~orthern Ireland, the reference in the last preceding subsection to the Minister of Labour and National* Service shall be con~ strued as including a reference to the Ministry of Labour and National Insurance for Northern Ireland. Pensions, etc. 21.-(l) The Minister shall by regulations provide for the establishment and maintenance of one or more pension schemes for the purpose of providing pensions and other similar benefits in respect of the service of corporation employees of such classes as may be specified in the regulations, and the Minister shall by such regulations in particular provide for securing benefits in the case of injury or death. In this section the expression "corporation employee" means an employee of any of the corporations.6 (2) Regulations made under this section, may, for the pur- pose of providing funds from which benefits are to be paid, provide for the payment of contributions by the corporation concerned or by employees of the corporation, or both by the corporation and by such employees, and may in particular pro- vide for the payment of such contributions in respect pf ~ 6 The power to make regulations under this section was extended by the Air Corpo- rations Act, 1953 (c. 7), Section 2(1), to cover pensions of employees who become members of either corporation, and by Section 2(2) of the same Act provision is to be made for pensions for other members of the corporations. PAGENO="0603" AIR LAWS AND TREATIES OF THE WORLD 597 as an employee of any of the corporations before the coming into force of the regulations,. and for the payment of benefits in respect of any such service. (3) Regulations made under this section may make provision for securing that service with any undertaking other than the corporations may, in such cases, upon such terms and subject to such conditions as may be specified in the regulations, be reckoned for the purposes of the payment of benefits under the regulations. Accounts, reports and information 22.-(l) Each of the corporations shall keep proper accounts Account~s and proper records in relation thereto, and shall prepare in and audit. respect of each financial year a statement of accounts in such form as the Minister may, with the approval of the Treasury, direct, being a form which shall conform with the best commer- cial standards and which shall distinguish between the provision of air transport facilities upon scheduled journeys, the provision of air transport facilities otherwise than upon such journeys, and the carrying out of aerial work which does not consist of the provision of air transport facilities. (2) The statement of accounts prepared in respect of any finan- cial year by any of the corporations shall contain such particulars with respect to any undertaking which at any time during that year was a subsidiary of the corporation as the Minister may direct. (3) The accounts of each of the corporations shall be audited by auditors appointed annually by the Minister. (4) As soon as the accounts of any of the corporations for any financial year have been audited, the corporation shall send to the Minister a copy of the statement of accounts prepared by them for that year in accordance with this section, together with a copy of any report made by the auditors on that statement or on ~he accounts of the corporation. (5) The Minister shall lay a copy~of every such statement and report before each House of Parliament. 23.-(l) Each of the corporations shall, as soon as possible Annual report after the end of each financial year, make to the Minister a and periodica' report dealing with the operations of the corporation during that returns. year. (2) The Minister shall lay a copy of every such report before each House of Parliament. PAGENO="0604" 598 AIR LAWS AND TREATIES OF THE WORLD (3) The report for any year shall set out any direction given by the Minister to the corporation during that year unless the Minister has notified to the corporation his opinion that it is against the national interest so to do. (4) Each of the corporations shall, in respect of each planning period, as defined for the purposes of this section, and at such time before the beginning of that period as the Minister may direct, submit to the Minister- (a) a programme of the air transport services which the corporation propose to provide during that period and of the other activities in which the corporation pro- pose to engage during that period; and (b) an estimate of the receipts of the corporation during that period, and of the expenditure, whether on revenue account or on capital account, to be incurred by the corporation during that period. (5) In respect of each financial year, each of the corporations shall, at such time before the beginning of the year as the Minister may direct, submit to the Minister an estimate of the expenditure to be incurred by the corporation on capital account during the year. (6) Without prejudice to their duties under the preceding pro- visions of this Act, each of the corporations shall provide the Minister with. such information relating to the undertaking of the corporation and to the undertaking of any associate of the corporation (including information relating to any activities proposed to be undertaken by the corporation or any such associate) as the Minister may from time tO time require: Provided that no such requirement shall impose upon any of the corporations the duty of providing the Minister with infor- mation which the corporation do not possess and cannot reason- ably be expected to obtain. (7) For the purpose of providing the Minister with any infor- mation which he may require in accordance with the provisions of the last preceding subsection, each of the corpora- tions shall permit any person authorised by the Minister in that behalf to inspect and make copies of the accounts, books, documents or papers of the corporation, and shall afford such explanation thereof as that person or the Minister may reasonably require. (8) In this section- (a) the expression "planning period" means th~e period of three financial years beginning with the first day of PAGENO="0605" AIR LAWS AND TREATIES OF THE WORLD 599 April, nineteen hundred and forty-seven, and every period of three financial years which follows immedi- ately upon the end of a planning period; (b) the expression "receipts" does not include any grant which may be made by the Minister; and (c) the expression "expenditure ", in relation to any esti- mate, includes any sum thereby prqposed to be set aside or allocated for any purpose. Reservation of certain air services to the corporations and their associates 24.-(1) Subject to the provisions of this section, it shall not Reservation of be lawful for any person, other than the corporations, their certain air associates, and the servants and agents of the corporations and services 1~o the th~ir associates, to carry passengers or goods by air for hire and their or reward upon any scheduled journey between two places of associates. which at least one is in the United Kingdom. (2) In this Act the expression "scheduled journey" means one of a series of journeys which are undertaken between the same two places and which together amount to a systematic service operated in such a manner that the benefits thereof are available to members of the public from time to time seeking to take advantage of it. (3) Nothing in this section shall restrict the right of any person- (a) to carry passengers for the sole purpose of instructing them in flying or the duties of aircrews; or* (b) to carry passengers or goods for the sole purpose of providing an air ambulance or rescue service; or (c) in accordance with arrangements for the* time being approved by the Minister as being in the public interest, to carry a party of passengers and their baggage (if any) upon a series of three or more journeys organised as a tour for the common enjoyment of those passengers. (4) Nothing in this section shall restrict the right of any person, for the purposes of any air transport undertaking of which the principal place of business is in any country outside the United Kingdom, to provide transport for passengers or goods in accordance with the terms of any agreement for the time being in force between His Majesty's government in the United Kingdom and the government of that country. (5) A person who carries a passenger, or carries any goods, in contravention of the provisions of this section shall be liable in respect of each offence- (a) on summary conviction thereof, to a fine not exceeding PAGENO="0606" 600 AIR LAWS AND TREATIES OF THE WORLD five hundred pounds, or to imprisonment for a term not exceeding three months, or to both such fine and such imprisonment; and (b) on conviction thereof on indictment, to a fine not exceed- ing five thousand pounds, or to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment. Power of 25.-_-(1) For the purpose of determining whether an offenëe Minister to has been committed against the last preceding section, the ~~i~ation Minister or anyone acting under his authority may require any person who, whether by providing an aircraft or negotiating a contract or otherwise, makes facilities available for travel upon any journey by air between two places of which at least one is in the United Kingdom, or for the consignment of goods upon any such journey, or any servant or agent of any such person as aforesaid, to provide the Minister with such information and documents relating to the journey as may be specified in the requirement. (2) Any person having information or documents in his pos- session who fails to comply with any requirement relating to that information or those documents, being a requirement duly made under the preceding subsection, shall be liable on summary conviction to a fine not exceeding one hundred pounds. Special powers in case of emergency Special powers 26.-(1) In time of war whether actual or imminent, or of in case of great national emergency, the Minister may by order require that emergency, the whole or any part of the undertaking of, or of any property or rights of, or under the control of, any of the corporations shall be placed at the disposal of the Minister, or of such persons as may be provided by the order. (2) So long as any such order is in force, a corporation shall comply with any directions which may be given to them by or under the direction of the Minister. (3) An order under this section may make, for the purposes of the order, such provision as an Oifder in Council under section eight of the Civil Aviation Act, 1949, may make for the purpose of securing compliance with provisions thereof having effect by virtue of paragraph (1) of subsection (2) of that section. (4) Section fifty.eight of the Civil Aviation Act, 1949 (which authorises any order under the enactments specified therein to provide for the detention of aircraft to secure compliance with the order) shall have effect as if any reference therein to an order under an enactment to which Part VI of that Act applies PAGENO="0607" AIR LAWS AND TREATIES OF THE WORLD 601 included a reference to an order made under this section, but this provision shall be without prejudice to the provisions of the last preceding subsection. (5) Any person who suffers direct injury or loss, owing to the operation of an order of the Minister under this section, shall be entitled to receive compensation from the Minister, the amount thereof to be fixed, in default of agreement, by the Lands Tribunal or the Lands Tribunal for Scotland, as the case may be; and the principles of the Acquisition of Land (Assess-. ment of Compensation) Act, 1919, shall, with the necessary modifications, apply where possession is taken of any land. (6) Any expense incurred by the Minister in the exercise of his powers under this section shall be paid out of moneys provided by Parliament. (7) The disputes which by this section are directed to be determined by the Lands Tribunal shall, in the application of this section to Northern Ireland, be determined by an official arbitrator appointed under section one of the Acquisition of Land (Assessment of Compensation) Act, 1919, and the arbitrator shall be selected in accordance with rules made by the Reference Committee under the said section one. (8) The disputes which by this section are directed to be determined by the Lands Tribunal or the Lands Tribunal for Scotland shall, in the period before the coming into force of the Lands Tribunal Act, 1949, for the part of Great Britain in question, be determined by an official arbitrator appointed under section one of the Acquisition of Land (Assessment of Compensation) Act, 1919, and the arbitrator shall be selected in accordance with rules made by the Reference Committee under the said section one. Transitional provisions relating to merger of British South American Afrways Corporation and British Overseas Airways Corporation 27.-(1) Whereas on the passing of the Airways Corporations Merger of Act, 1949, that is to say on the thirtieth day of July, nineteen British South hundred and forty-nine, all property of tht British South Amen- A~erican can Airways Corporation situated in the United Kingdom, all ~~~tiofl aircraft of that corporation registered in the United Kingdom and British and all rights, liabilities and obligations of that corporation Overseas which were then enforceable in the United Kingdom were, by Airways virtue of subsection (1) of section one of that Act, transferred Corporation. to the British Overseas Airways Corporation: Now therefore- (a) the British South American Airways Corporation shall have power, without consideration, to transfer to the PAGENO="0608" 602 AIR LAWS AND TREATIES OF THE WORLD British Overseas Airways Corporation any property or nghts not transferred by virtue of the said subsection (1);and (b). the British Overseas Airways Corporation shall have power, without consideration, to undertake. any liabilities or obligations of the British South American Airways Corporation not transferred as aforesaid. (2) Without prejudice to the provisions of section fifty-two of the Finance Act, 1946 (which exempts from stamp duty certain documents connected with statutory schemes for the carrying on of undertakings under national ownership or control)- (a) stamp duty shall not be payable on any conveyance, agreement or other instrument executed in pursuance of the last preceding subsection or subsection (1) of section one of the Airways Corporations Act, 1949; and (b) section eight of the Finance Act, 1899 (which imposes stamp duty in respect of loan capital) shall not apply to any loan capital transferred by virtue of the last preceding subsection or subsection (1) of the said section one. (3) When the Minister is satisfied that the necessary arrange- ments have been made for transferring to the British Overseas Airways Corporation any property, rights, liabilities and obliga- tions of the British South American Airways Corporation not transferred by virtue of subsection (1) of section one of the said Act of 1949, he may by order direct that the British South American Airways Corporation shall be dissolved on such day as may be specified iii the order (in this Act referred to as the appointed day ")? Stock and 28.-(l) The three per cent. British South American Airways loans. Stock, 1980-1983, shall be deemed to be stock issued by the British Overseas Airways Corporation, and shall be charged accordingly on the undertaking and the property and revenues of that corporation ; and as from the sixteenth day of February, nineteen hundred and fifty, that stock shall be deemed to be of the same issue as the three per cent. Airways Stock, 1980-1983, and shall be subject to the terms and conditions applicable to the last mentioned stock. (2) For the purposesof subsection (1) of section twelve of this Act temporary loans raised by the British South American Air- ways Corporation and not repaid before the thirtieth day of July, nineteen hundred and fOrty-nine shall be treated as tem- porary loans raised by the British Overseas Airways Corporation. 7For Order under Subsection (3) see the British South American Airways Corpora- tion (Dissolution) Order, 1952, 5. I. 1952, No. 1 13& PAGENO="0609" AIR LAWS AND TREATIES OF THE WORLD 603 (3) Where the Treasury has~ guaranteed any stock issued or any temporary loan raised by the $ritish South American Air- ways Corporation, subsection (3) of section ten of this Act shall have effect in relation to any sums issued out of the Consolidated Fund under subsection (2) of that section or subsection (2) of section nine of the Civil Aviation Act, 1946, in respect of the guarantee as if the corporation concerned was the British Over- seas Airways Corporation. 29. For the purposes of the provisO to subsection (2) of section Disposal of nineteen of this Act any grant made before the thirtieth day excess revenue. of July, nineteen hundred and forty-nine to the British South American Airways Corporation shall, in relation to any direc- tion given under that section on or after that date, be deemed to have been made to the British Overseas Airways Corporation. 30.-(1) In respect of the financial year ending with the thirty- Accounts, etc. first day of March, nineteen hundred and fifty4 and any subse- quent financial year beginning before the appointed day- (a) the statement of accounts prepared by the British Over- seas Airways Corporation under section twenty-two of this Act may extend to the accounts of the British South American Airways Corporation, and in that case no such statement shall be prepared or sent to the Minister under that section by the British South American Airways Corporation; and (b) the report made to the Minister by the British Overseas Airways Corporation under subsection (1) of section twenty-three of this Act may extend to the operations of the British South American Airways Corporation, and in that case no report shall be made under that subsection by the British South American Airways Corporation. (2) Any programme or estimate which, before the appointed day, is submitted to the Minister by the British Overseas Airways Corporation in accordance with subsection (1) of section thirteen or subsection (4) or subsection (5) of section twenty-three of this Act may extend to the services, receipts and expenditure of the British South American Airways Corporation, and in any such case no programme or estimate shall be so submitted by the British South American Airways Corporation. 3L-(l) Any proceeding or caUse of action pending or exist- Supplementary. ing immediately before the thirtieth day of July nineteen hun- dred and forty-nine by or against the British South American Airways Corporation may be continued and enforced by or 67717 O-61~----~39 PAGENO="0610" 604 AIR LAWS AND TREATIES OF THE WORLD against the British Overseas Airways Corporation as it might have been by or against the British South American Airways Corporation if neither this Act nor the Airways Corporations Act, 1949, had been passed. (2) On and after the appointed day, references to the British South American Airways Corporation in any enactment, order, rule, regulation or other instrument shall be construed as refer- ences to the British Overseas Airways Corporation: Provided that this section shall not apply to any such refer- ence as aforesaid in the Civil Aviation Act, 1949, or this Act or in any regulations made under section thirty-six, fifty-five or fifty-six of that Act or section nine or twenty-one of this Act. (3) Any undertaking which immediately before the appointed day is associated with the British South American Airways Cor- poration under the terms of an arrangement by virtue of which it is an -associate of that corporation, shall be deemed, on and after the appointed day, to be so associated with the British Overseas Airways Corporation and to be an associate of that corporatk~n accordingly. (4) Without prejudice to the provisions of section twenty-seven of this Act and of subsection (1) of this section, all deeds, bonds, agreements and instruments which are subsisting immediately before the appointed day and affect the British South American Airways Corporation shall on and after the appointed day be as of full force and effect against or in favour of the British Overseas Airways Corporation and enforceable as fully and effectually as if, instead of the British South American Airways Corporatiop, the British Overseas Airways Corporation had been named therein or had been a party thereto. Transitional provisions relating to the acquisition of certain undertakings by British Overseas Airways Corporation Transitional 32.-(l) Any cause of action existing immediately before the provisions transfer date by or against either of the vendor companies in respect of its undertaking may be continued and enforced by certain or against the British Overseas Airways Corporation, as it might undertakings have been by or against that company, if neither this Act nor by British the British Overseas Airways Act, 1939, had been passed. Overseas Airways (2) All deeds, bonds, agreements, instruments and working Corporation. arrangements which were subsisting immediately before the transfer date and affected either of the vendor companies, shall in so far as they relate to the undertaking of that company, be of as full force and effect against or in favour of the British Overseas Airways Corporation, and enforceable as fully and effectually as if, instead of the company, the corporation had been named therein or had been a party thereto. PAGENO="0611" AIR LAWS AND TREATIES OF THE WORLD 605 (3) Any person who, on the transfer date, had in his posses- sion or under his control any books, documents or papers, which relate to an undertaking transferred from either of the vendor companies to the British Overseas Airways Corpora- tion and which belonged to either of the vendor companies, or would have so belonged if such transfer had not taken place, shall be liable to account for the said documents to the corporation and shall, at the request of the torporation, deliver them up to the corporation, or to such person as the corporation may appoint: Provided that nothing in this section shall be construed as over-riding or affecting a lien to which any person may be entitled. (4) In this section and in the following provisions of this Act- (a) the expression "transfer date" means the day on which the undertakings of. Imperial Airways Limited and British Airways Limited were under section nine of the British Overseas Airways Act, 1939, transferred to the British Overseas Airways Corporation, that is. to say, the first day of April, nineteen hundred and forty; and (b) the expression "the vendor companies" means Imperial Airways Limited and British Airways Limited. 33. Stamp duty shall not be chargeable- Exemption (a) on any of the purchase agreements' or on any convey- ~ stamp ance, assignment or other instrument of transfer made in pursuance of any of those agreements; or (b) under section twelve of the Finance Act, 1895, on any instrument relating to the vesting of the undertakings of either of the vendor companies in the British Over- seas Airways Corporation. In this section, the expression "purchase agreements" means the contracts whereby the undertakings of the vendor companies were acquired by the British Overseas Airways Corporation. Transitory provisions as to superannuation, etc. 34. The provisions contained in the Second Schedule to this Pension and Act shall have effeët with respect to. the pension and superan- superannuation nuation schemes of the vendor companies, and in that Schedule schedmes of the expression "the corporation" means the British Overseas comp~inies. Airways Corporation. PAGENO="0612" 606 AIR LAWS AND TREATIES OF THE WORLD Superan~riua- 35.-(1) No person shall be a member of any pension super- Lion schemes annuation or other benefit fund or scheme established by the airey British Overseas Airways Corporation before the first day of by British August, nineteen hundred and forty-six, for the benefit of per- Overseas sons employed by the corporation unless he was a member of Airways that fund or scheme immediately before the said day. Corporation. (2) The Minister may by regulations make such provision as he thinks necessary for enabling any person who is a member of any fund or scheme so established or who is for the time being participating in any such scheme as is mentioned in the Second Schedule to this Act, to withdraw from that fund or scheme in consideration of being admitted, upon such terms as may be provided for by the regulations, to any scheme estab- lished under section twenty-one of this Act. Supplemental Provisions 36.-(l) Proceedings for an offence against this Act- as to offences. . (a) shall not, in England', be `instituted except by or with the consent of the Minister or by or with the consent of the Director of Public Prosecutions; and (b) shall not, in Northern Ireland, be instituted except by or with the consent of the Minister or by the Attorney. General for Northern Ireland. (2) Where an offence against this Act has been committed by a body corporate, every person who at the time of the com- mission of the offence was a director, general manager, secretary or other similar officer of the body corporate, or was purport- ing to act in any such capacity, shall be deemed to be guilty of that offence, unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances. Regulations 37.-(l) Any power conferred by this Act on the Minister and order. to make orders or regulations shall be exercisable by statutory instrument. (2) Any power conferred by this Act to make any Order in, Council or order, other than the power conferred by section twenty-seven, shall be construed as including a power, exer- cisable in the like manner and subject to the like conditions. if any, to vary the Order in Council or order., PAGENO="0613" AIR LAWS AND TREATIES OF THE WORLD 607 38.-(l) In this Act, except where the context otherwise Interpretation. requires or where it is otherwise expressly provided, the follow- ing expressions have the meanings respectively assigned to them, that is to say- "appointed day" has the meaning assigned to it by section twenty-seven of this Act; "air transport service" means a service for the carriage by air of passengers, mails or other freight; "associate ", in r~lation to any of the corporations, has the meaning assigned to it by section fifteen of this Act; "director" includes any person occupying the position of director, by whatever name called; "financial year ", in relation to any of the corporations, means a period of twelve months beginning on the first day of April; 8 "Minister" means the Minister of Civil Aviation; "remuneration" includes reasonable allowances in respect of expenses properly incurred in the pursuance of the duties of any office; "revenue," in relation to any of the corporations, includes grants made by the Minister to the corporation under this Act; "scheduled journey " has the meaning assigned to it by section twenty-four of this Act; "subsidiary," in relation to any of the corporations, means any undertaking more than one half of the issued share capital whereof is held directly or through a nominee by the corporation, and any undertaking in relation to which the corporation have a power directly or indirectly to appoint the majority of the directors; "transfer date " has the meaning assigned. to it by section thirty-two of this Act; "vendor companies" has the meaning assigned to it by section thirty-two of this* Act; (2) References in this Act to any enactment shall be con- strued as including references to that enactment as amended by or under any other enactment. 39. The following provisions shall, in addition to any express GeneraT provision for the application to Northern Ireland of any nro- application vision of this Act, have effect for the general application of ~` this Act to Northern Ireland, that is to say- (a) any reference to any enactment shall be construed as a reference to that enactment as it has effect in Northern Ireland; 8 The responsible Minister is now the Minister of Transport and Civil Aviation, see the Transfer of Functions (Ministry of Civil Aviation) Order, 1953, S. I. 1953, No. 1204. PAGENO="0614" 608 AIR LAWS AND TREATIES OF THE WORLD (b) any reference to an Act of Parliament shall be con- strued as including a reference to an Act of the Parlia- ment of Northern Ireland, and "enactment" includes an enactment of that Parliament; (c) "summary conviction" means conviction subject to, and in accordance with, the Petty Sessions (Ireland) Act, 1851, and any Act amending that Act; Application 40.-(l) His Majesty may :by Order in Council direct that any to Channel of the provisions of this Act shall extend, with such exceptions, Islands and modifications and adaptations, if any, as- may be specified in the Isle of Man. Order, to any of the Channel Islands or to the Isle of Man :~ Provided that this subsection shall not apply to sections eight, nine and. ten, in so far as they relate to the British Overseas Airways Corporation, or section eleven, sections twenty-six to thirty~flve or the 3econd Schedule. `(2) Any such Order in Council may provide for the payment of sums out of moneys provided by Parliament for any purpose for which sums are required to be so paid in consequence of the exercise~of the powers conferred by the preceding subsection. Repeal and 41.-(1) The enactments set out in the Third Schedule ~o savings, this Act are hereby repealed to the extent specified in the third column of that Schedule: Provided that without prejudice to the provisions of the Inter- pretation Act, 1889, this subsection shalLhave effect subject to the tollowing provisions of this section.'° - (2) Nothing in this repeal shall affect any instrument made or any other thing whatsoever done under ai~y enactment repealed by this Act, and every such instrument or thing shall continue in force and shall, so far as it could have been made or done under this Act, have effect as if made or done under the corresponding enactment of this Act. (3) Nothing in this repeal shall affect the amount of any grant payable to any of the corporations under any enactment repealed by this Act or any adjustment which, but for this repeal, could have been made under section eleven of the Civil Aviation Act, 1946, and any such adjustment may be made as if this Act had not been passed. (4) Nothing in this repeal shall affect the terms and condi- tions on and subject -to which any persdn held office or served immediately before the commencement of this Act. (5) Where under any Act passed before this Act there is a power to affect Acts of Parliament passed or in force before a particular time and that power would, but for the passing 9The Civil Aviation Act (Extension to the Isle of Man) Order, 1948, S. I. 1948, No. 1338 has been revoked. See now the Civil Aviation Act (Isle of Man) Order, 1952, S. I. 1952, No. 1032, and the Air Corporations Act (Isle of Man) Order, 1952, S. I. 1952, No. 1033. The civil Aviation Act (Extension to the Channel Islands) Order, 1947, 5. R. and 0. 1947, No. 528, has been revoked. See now the Civil Aviation Act (Channel Islands) Order, 1953, S. I. 1953, No. 398 and the Air Corporations Act (Channel Islands) Order, 1953, 5. I. 1953, No. 398. `° Subsection (1) is repealed in its application to the United Kingdom by the S. L. R. Act, 1953 (c. 5). PAGENO="0615" AIR LAWS AND TREATIES OF THE WORLD 609 of this Act, have included power to change the law which is reproduced in this Act, then that power shall include power to make such provision as will secure the like change in the law as reproduced in this Act notwithstanding that this Act is not an Act passed or in force before that time and notwith- standing that the terms of this Act, apart from this subsection, are not such as to render that power applicable. (6) Any document referring to any Act or enactment repealed by this Act shall be construed as referring to this Act or the corresponding enactment in this Act. 42. This Act may be cited as the' Air Corporations Act, 1949. Short title. ~ See note 1, Supra. PAGENO="0616" 610 AIR LAWS AND TREATIES OF THE WORLD SCHEDULES Section 2. FIRST SCHEDULE SUPPLEMENTARY PROVISIONS AS TO THE CORPORATIONS Tenure and Vacation of Office 1. Subject as hereinafter provided, a member of the corporation shall hold and vacate Office as such in accordance with the terms of the instrument appointing him to be a member: Provided that- (a) where a member becomes or ceases to be chairman or deputy chairman of the corporation, the Minister may vary the terms of the instrument appointing him to be a member of the corporation, so far as they relate to the date on which he is to vacate office as such; and (b) a member of the corporation may at any time, by notièe iii writing under his hand addressed to the Minister, resign his membership. 2. Subject as hereinafter provided, the chairman of the corporation and the deputy chairman of the corporation shall hold and vacate office as such in accordance with the instruments respectively appointing them: Provided that the chairmah or deputy chairman may at any time, by a notice in writing under his hand addressed to the Minister, resign his office as such. 3. If the chairman or deputy chairman of the corporation ceases to be a member of the corporation, he shall cease to. be chairman or deputy chairman, as the case may be. 4. A member of the Commons House of Parliament shall not be appointed a member of the corporation. 5. If the Minister is satisfied that a member of the corporation- (a) has been absent from meetings of the corporation for a period longer than three consecutive months without the permission of the corporation; or (b) has become bankrupt or made an arrangement with his creditors; or (c) is incapacitated by physical or mental illness; or (d) is otherwise unable or unfit to discharge the functions of a member; the Minister may declare his office as a member of the corporation to be vacant and shall notify the fact in such manner as the Minister thinks fit; and thereupon the office shall become vacant. 6. A member of the corporation who ceases to be a member shall be eligible for re-appointment. 7. The validity of any proceeding of the corporation shall not be affected by any vacancy amongst the members thereof, or by any defect in the appointment of a member thereof. PAGENO="0617" AIR LAWS AND TREATIES OF THE WORLD 611 The Deputy Chairman 1sT SCH. 8. Where by any provision of this Act the Minister is required to "°`~ consult with the chairman of the corporation before exercising any power, and either:- (a) the office of chairman of the corporation is vacant; or (b) by reason of illness, absence or any other cause the chairman is not available, the Minister may comply with that requirement by consulting, before exercising the power, with the deputy chairman of the corporation, or in the case of the British Overseas Airways Corporation, at any time when two deputy chairmen thereof hold office, with either of the deputy chairmen. Remuneration 9. The corporation shall pay to each member thereof, in respect of his office as such, such remuneration as may be determined by the Minister with the consent of the Treasury, and shall pay to the chairman and deputy chairman thereof, in respect of his office as such, such remuneration (in addition to any remuneration to which. he may be entitled in respect of his office as a member) as may be so determined. 10. If any member of the corporation, other than the chairman or deputy chairman thereof, is employed about the affairs of the corporation otherwise than as a member thereof, the corporation may pay to that member such remuneration (in addition to any remuneration to which he may be entitled in respect of his office as a member) as the corporation m~ty determine. Meetings and proceedings 11. The quorum of the corporation and the arrangements relating to meetings thereof shall be such as the corporation may determine. The common seal 12. The corporation shall have a common seal, and the fixing of the seal shall be authenticated by the signatures of- (a) the chairman of the corporation, or some other member thereof authorised either generally or specially by the corpora- tion to act in his stead for that purpose; and (b) some other person authorised by the corporation, either generally or specially, to act for that purpose. Instruments of the corporation 13. Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal, may be entered into or executed on behalf of the corporation by any person generally or specially authorised by them for that purpose. 14. Any document purporting to be a document duly executed under the seal of. the corporation shall be received in evidence and shall, unless the contrary is proved, be deemed to be a document so executed. Power to hold land 15. The corporation shall have power to hold land for the purposes of their functions without licence in mortmain. PAGENO="0618" 612 AIR LAWS' AND TREATIES OF THE WORLD SECOND SCHEDULE Sections 34, 35. PRovisioNs AS TO PENSIONS AND SUPERANNUATION SCHEMES OF VENDOR COMPANIES PART I Pensions Scheme of Imperial Airways Limited. 1. In this Part of this Schedule- (a) the expression "the company" means Imperial Airways Limited; (b) the expression "the scheme" means the pension scheme established for the benefit of the employees of the company by a Trust Deed dated the twenty-third day of October nineteen hundred and thirty-six and made between the company of the first part Sidney Albert Dismore and Arthur Joseph Quin-Harkin of the second part, and Leslie Alan Walters and Rankin Lorimer Weir of the third part; (c) references to the scheme shall be construed as including references to the said Trust Deed. 2. The scheme shall continue in operation subject to the following provisions of this Part of this Schedule which shall have effect for the purposes of regulating the continued operation of the scheme. 3. No person who was, immediately before the transfer date, par- ticipating in the scheme shall be eligible to participate therein unless- (a) he was, immediately before the transfer date, in the service of the company; (b) he was then not eligible to participate in the scheme by reason only of the fact that he had not been in the service of the company for a sufficient length of time or was a labourer or a member of the staff locally engaged overseas; and (c) he has entered the service of the corporation; and no person shall be eligible to participate in the scheme except in accordance with the provisions of the scheme as regulated by the provisions of this Part of this Schedule. 4. Any person who was, immediately before the transfer date, in the service of the company and has not entered the service of the corpora- tion, shall- (a) if he was, immediately before the transfer date, less than fifty-five years of age be treated as if he were then discharged from the service of the company for reasons other than misconduct; (b) if he was, immediately before the transfer date, fifty-five years or more but had not then attained the age of sixty years be treated, at his option, either as if he had then retired on pension before attaining the age of sixty years with the permission of the Board of the compatly, or as if he had then been discharged from the service of the company for reasons other than misconduct; or (c) if he was, immediately before the transfer date, sixty years of age or more, be treated as having then retired from the service of the company. PAGENO="0619" AIR LAWS AND TREATIES OF THE WORLD 613 5. Subject t~ the provisions of this Part of this Schedule, the scheme 2ND Scu. shall have effect as if- -cont. (a) the corporation had been in existence on the date of the execution of the said Trust Deed and had executed that document in the place of the company; and (b) for any reference (by whatever form of words) in the scheme to the company, or to the Board of the company, there were substituted a reference to the corporation; and (c) the service or employment under or by the company of any person had been service or employment under or by the corporation; and (d) any thing done, permitted or omitted by or on behalf of the company (including any thing which is by virtue of the preceding provisions of this Part of this Schedule to be deemed to have been permitted by the company or .by the Board of the company) had been done, permitted or omitted, as the case may be, by the corporation. 6. Nothing contained in this Part of this Schedule shall prejudice or affect any power of altering, amending, adding to or cancelling the scheme in accordance with the provisions thereof. P~aTII Superannuation Scheme of British Afrways Limited 1. In this Part of this Schedule- (a) the expression "the company" means British Airways Limited; (b) the expression "the Trust Deed" means the Trust Deed (relating to the provisions of superannuation benefits for the employees and salaried directors of the company and its associated or subsidiary companies by means of a Superannua- tion Scheme under which endowment assurances are to be effected with the Sun Life Assurance Society) dated the seventeenth day of March nineteen hundred and thirty-nine, and made between the company of the one part, and John * Ronald McCrindle, Walter Cyril Tomlirison, David Smillie Smith Macdowall, and John Vincent Wood of the other part; (c) the expression "the regulations" means the regulations contained in the First Schedule to the Trust Deed; (d) the expression "the scheme" includes both the Trust Deed and the Superannuation Scheme to which it relates as existing immediately before the transfer date; and * (e) the expression "Trustees' Assurance" and "Employee's Assurance" have the same meanings respectively as in the * regulations.' 2. The scheme shall continue in operation subject to the following provisions of this Part of this Schedule which shall have effect for the purpose of regulating the continued operation of the scheme. PAGENO="0620" 614 AIR LAWS AND TREATIES OF THE WORLD 2r.m SCH. 3. No person who was not immediately before the transfer date -coat. participating in the scheme shall be eligible to participate in the scheme unless- (a) he was, immediately before the transfer date, an employee as defined by the regulations; or (b) he had, immediately before the transfer date, been in the service of the company for a period of less than three months; and (c) in either case, he has entered the service of the corporation; and no person shall be eligible to participate in the scheme except in accordance with the provisions of the scheme as regulated by the provisions of this Part of this Schedule. 4. Any person who was, immediately before the transfer date, an employee as defined by the regulations, and has not entered the service of the corporation, shall be deemed to have retired immediately before the transfer date from the service of the company with the consent of the company, and, for the purposes of any provisions of the regulations relating to any Trustees' Assurance, shall be deemed to have so retired during the period of ten years preceding the date of the maturity of that Assurance. 5. Subject to the provisions of this Part of this Schedule the scheme shall have effect as if- (a) the corporation had been in existence on the date of the execution of the Trust Deed and had executed that document in place of the company; and (b) the corporation had been a party to the Superannuation Scheme to which the Trust Deed relates, and to any agreement relating to that Superannuation Scheme, in place of the company; and (c) for any reference (by whatever form of words) in the scheme to the company there were substituted a reference to the corporation; and (d) references to associated or subsidiary companies were omitted from the scheme; and (e) the service or employment under or by the company of any person had been service or employment under or by the corporation; and - - (f) any act or thing done, permitted or omitted by or on behalf of the company (including any thing which is by virtue of the preceding provisions of this Part of this Schedule to be deemed to have been permitted by the company) had been done, permitted or omitted, as the case may be, by the corporation. 6. Anything required or authorised by the scheme to be done by the secretary or a director of the company may be done by such member or officer of the corporation as the corporation may appoint for the purpose. PAGENO="0621" AIR LAWS AND TREATIES OF THE WORLD 615 7. Nothing contained in this Part of this Schedule shall prejuiice or 2ND ScH. affect any power of altering, cancelling or modifying all or any of the -cont. provisions of the Trust Deed or of the regulations in accordance with - the provisions of the Trust Deed, or of determining the trusts created under the Trust Deed in accordance with the provisions of the regula- tions, or any power of terminating or modifying the Superannuation Scheme to which the Trust Deed relates, or any agreement relating to the Superannuation Scheme, in accordance with the terms of that Scheme or agreement. THIRD SCHEDULE Section 41. REPEALS12 S~ior~and Short title Extent of repeal 2 & 3 Geo. 6. c. 61. 8 & 9 Geo. 6. c. 21. 9 & 10 Geo. 6. c. 70. 10 & 11 Geo. 6. c. 35. 12 & 13 Geo. 6. c. 57. The British Overseas Airways Act, 1939. The Ministry of Civil Aviation Act, 1945. The Civil Aviation Act, 1946. The Finance Act, 1947 ~ The Airways Corpora- tions Act, 1949. The whole Act. The whole Act, so far as Un- repealed. The whole Act, so far as un- repealed. In subsection (2) of section fifty- seven, the words "The British Overseas Airways Corporation" and the words "The British European Airways Corporation; and The British South American Airways Corporation The whole Act. Table of Statutes referred to in this Act Short Title Session and Chapter Petty Sessions (Ireland) Act, 1851 Local Loans Act, 1875 Interpretation Act, 1889 Finance Act, 1895 Finance Act, 1899 Acquisition of Land (Assessment of Compensation) Act, 1919 British Overseas Airways Act, 1939 Finance Act, 1946 Civil Aviation Act, 1946 ... Lands Tribunal Act, 1949 ... Airways Corporations Act, 1949 ... -... ... CiVil AvIatlón Act, 1949 ... . 14 & 15 Vict. c. 93. 38 & 39 Vict. c. 83. 52 & 53 Vict. c. 63. 58.& 59 Vict. C. 16. 62 & 63 Vict. c. 9. . 9&lOGeo.5.c.57. 2 & 3 Geo. 6. c. 61. 9 & 10 Geo. 6. c. 64. 9 & 10 Geo. 6. c. 70. 12, 13 & 14 Geo. 6. c. 42. 12, 13 & 14 Geo. 6. c. 57. 12, 13 & 14 Geo. 6. c.67. Repealed in its application to the United Kingdom by the S. L. R. Act, 1953 (c. 5). PAGENO="0622" 616 AIR LAWS AND TREATIES OF THE WORLD Civil Aviation (Licensing) Act, 1960 8&9ELIz.2 CH.38 ARRANGEMENT OF SECTIONS Licensing of certain flying Section 1. Establishment of licensing authority, and restriction of unlicensed flying. 2. Air service licences. 3. Revocation, suspension and variation of licences. 4. Advisory functions of Board. 5. Regulations. 6. Enforcement of licensing provisions. Prohibition of aerial advertising 7. Prohibition of aerial advertising and propaganda. General 8. Expenses of, and reports by, Board. 9. Repeal of certain enactments. 10. Interpretation. 11. Power to extend provisions of Act to certain overseas territories. 12. Citation, commencement and extent. Schedule-The Air Transport Licensing Board. PAGENO="0623" CHAPTER 38 An Act to prohibit certain flying except under a licence or other authority and to repeal section twenty-four of the Air Corporations Act, 1949; and for purposes con- nected with the matters aforesaid. [2nd June, 1960] BE it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:- Licensing of certain flying 1.-(1) There shall be established in accordance with the Establishment provisions of the Schedule to this Act an Air Transport Licensing of licensing Board (in this Act referred to as "the Board ") with the general ~~~~CtiOn duty of exercising their functions under this Act in such a of unlicensed manner as to further the development of British civil aviation, flying. (2) No aircraft shall be used on any ifight for reward or in connection with any trade or business except under and in accordance with the terms- (a) of such certificate, if any, (in this Act referred to as an "air operator's certificate ") as any Order in Council for the time being in force under section eight of the Civil Aviation Act, 1949, may require the operator of the aircraft to hold for the purposes of such flights as that in question, being a certificate of his competence to secure that aircraft operated by him on such flights are operated safely; and (b) subject to subsection (3) of this section, of a licence granted to the operator of the aircraft by the Board under section two of this Act (in this Act referred to as an "air service licence "), being a licence authorising the operator to operate aircraft on such ffights as that in question.. 617 PAGENO="0624" 618 AIR LAWS AND TREATIES OF THE WORLD (3) The Minister may by regulations provide that paragraph (h) of the last foregoing subsection shall not apply to flights of such descriptions as may be specified in the regulations, and may by instrument in writing exempt from the requirements of the said paragraph (b) any other particular flight or series of flights. (4) This section shall apply to- (a) any flight in any part of the world by an aircraft regis- tered in the United Kingdom; and (b) any flight beginning or ending in the United Kingdom by an aircraft registered in such other country or territory, if any, as may be prescribed. Alt service 2.-(1) Any application to the Board for the grant of an air hcences. service licence shall contain such particulars as may be pre- scribed; and, subject to the provisions of this section and of any relevant regulations under section five of this Act, the Board may at their discretion, after consulting with such persons, if any, as may be prescribed, either refuse the application or grant the applicant an air service licence for any air transport service or other purpose specified in the licence (being a service or other purpose proposed in the application with such modifications, if any, as the Board may think fit) for such term and subject to such conditions, if any, of the prescribed descriptions as may be so specified. (2) In exercising their functions under this section the Board shall consider in particular- (a) whether they are satisfied that, having regard in par- ticular to his experience and financial resources and, subject to subsection (4) of this section, to his ability `to provide satisfactory equipment, organisation and staffing arrangements, and having regard also to any contravention in respect of aircraft operated by him of the provisions of section one of this Act, the applicant is competent, and a fit and `proper person, to operate aircraft for the purposes for which he seeks an air service licence; (b) the provision made or proposed to be made against any linbiity. in respect of loss or damage to persons or property which may be incurred in connection with aircraft operated by the applicant; (c) any unfair advantage of the applicant over other opera- tors by reason of the terms and conditions of employ- ment of his servants; * (d) the existing or potential need or. demand for any air transport service proposed; * PAGENO="0625" AIR LAWS AND TREATIES OF THE WORLD 619 (e) in the case of any air transport service proposed, the adequacy of any similar service authorised by any air service licence already granted and the tariff, if any, in respect of that similar service; (f) the extent to which any air transport service proposed would be likely to result in wasteful duplication of, or in material diversion of traffic from, any air trans- port service which is being, or is about to be, provided under any air service licence already granted; (g) any capital or other expenditure reasonably incurred, or any financial commitment or commercial agreement reasonably entered into, in connection with the opera- tion of aircraft on air transport services by any person (including the applicant) who is the holder of any air service licence already granted; (h) any objections or representations made in accordance with any relevant regulations under section five of this Act. (3) The Minister and the Board shall from time to time consult together with regard to relations with other countries or terri- tories affecting the exercise of the Board's functions; and if in the case of any application for an air service licence the Minis- ter so dircets in writing on the ground that any air transport service proposed in the application would in his opinion involve the negotiation with the government of some other country or territory of rights which it would be inexpedient for the time being to seek, the Board shall forthwith refuse that application so far as it relates to that service. (4) For the purposes of paragraph (a) of subsection (2) of this section, the Board shall not consider the matters in respect of which an air operator's certificate is required, that is to say, the competence of the applicant to secure that aircraft operated by him will be operated safely. (5) Every air service licence authorising an air transport service shall include a provision with respect to the tariff to be charged in respect of that service, being- (a) in the case of a service between terminal points one of which is in the United Kingdom and the other of which is in the United Kingdom, one of the Channel Islands or the Isle of Man, a provision setting out that tariff; (b) in any other case, either a provision setting out that tariff or a provision specifying the manner in which that tariff is to be determined; and in a case falling within paragraph (b) of this subsection the licence shall be of no effect until the said provision has been confirmed by the Minister either without modification or with 67717 0-61-40 PAGENO="0626" 620 AIR LAWS AND TREATIES OF THE WORLD such modifications as he may think fit after consultation with such holders of air service licences and other persons as he may consider appropriate: Provided that, in such cases or classes of cases as may be prescribed, this subsection shall have effect subject to such excep- tions or modifications as may be prescribed in relation to the case or class of cases in question. (6) The Minister may by order made by statutory instrument authorise the grant of an air service licence to any person specified in the order (being a person who provided air trans- port services before the date of the coming into force of subsec- tion (2) of section one of this Act) in respect of any air transport service so specified for such term and subject to such con- ditions, if any, as may be so specified in relation to that service; and, without prejudice to their powers under section three of this Act, the Board shall grant that licence forthwith without any application being made therefor: Provided that the Minister shall not make any order under this subsection after the expiration of the period of three months beginning with the said date. (7) Except with the consent of the Minister, which may be granted either generally or in respect of a particular case or class of cases, the Board shall not grant an air service licence to any person who is not either~ (a) a citizen of the United Kingdom and Colonies, a citizen of the Federation of Rhodesia and Nyasaland, a citizen of the State of Singapore or a British protected person; or (b) a body incorporated in the United Kingdom or in any part thereof, or in any of the Channel Islands, the Isle of Man, the said Federation, or a colony, protectorate or United Kingdom trust territory, being a body which in the opinion of the Board is substantially controlled by persons each of whom is either a citizen of the United Kingdom and Colonies, a citizen of the said Federation, a citizen of the said State or a British protected person. (8) If, while an air service licence is in force and not later than the prescribed time before the expiry of the term for which it was granted, the holder thereof applies to the Board for the grant of a new air service licence in continuation thereof or in substitution therefor, then, without prejudice to the powers of the Board under section three of this Act, unless the application is withdrawn the first-mentioned licence shall not cease to be in force by reason of the expiry of the said term until the Board have given their determination on the application nor, if the PAGENO="0627" AIR LAWS AND TREATIES OF THE WORLD 621 application is refused or if any new licence granted differs in its terms from the first-mentioned licence, until- (a) the expiration of the period prescribed under section five of this Act for appealing against the Board's decision; and (b) if an appeal is duly made within that period, the deter- mination or abandonment of the appeal; and (c) in the case of a successful appeal against a refusal of the application, the date of the coming into force of the new licence. 3.-(l) Subject to any relevant regulations under section five Revocation, of this Act, an application for the revocation, suspension or variation of an air service licence may be made to the Board ~ ~ at any time by any of the persons prescribed in pursuance of paragraph (b) of subsection (1) of that section. (2) Whether or not any application or representation has been made to the Board for the purpose, if in the case of any person who is the holder of an air service licence the Board are at any time no longer satisfied as mentioned in paragraph (a) of subsection (2) of section two of this Act, they shall, as may appear to them appropriate in the circumstances, revoke, suspend or vary that licence. (3) Without prejudice to the last foregoing subsection, if at any time the Board are satisfied, whether or not any application or representation has ieen made to them for the purpose, that it is right and proper so to do, they may revoke, suspend or vary any air service licence. (4) Subsections (2) to (4) of section two of this Act shall have effect with the necessary modifications in relation to the Board's functions under the two last foregoing subsections as they have effect in relation to their functions under the said section two. (5) If any air service licence is revoked, suspended or varied by the Board otherwise than on the application of the holder of the licence, the revocation, suspension or variation shall not take effect until the expiration of the period prescribed under section five of this Act for the making of an appeal against the Board's decision nor, if an appeal is duly made during that period, until the determination or abandonment of the appeal. 4.-(l) It shall be the duty of the Board to consider any repre- Advisory sentation from any person relating to, or to facilities in connec- funetions of tion with, air transport services by means of aircraft registered Board. in the United Kingdom, or with respect to the tariff or other charges in respect of any such service or facilities: PAGENO="0628" 622 AIR LAWS AND TREATIES OF THE WORLD Provided that the Board shall not be required by this Sub- section to consider any representation if in their opinion- (a) the representation is frivolous or vexatious ; or (b) the matters to which the representation relates have already been sufficiently considered by the Board; or (c) the matters to which the representation relates are for the time being regulated by an international agreement to which Her Majesty's Government in the United Kingdom is a party. (2) When the Board have considered any such representation as aforesaid, they shall report to the Minister upon their con- clusions, and shall make such recommendations to the Minister in connection with those conclusions as they think expedient: Provided that this subsection shall not apply to any representa- lion made in connection with an application for the grant of an air service licence or for the purposes of the Board's functions under section three of this Act. Regulations. S.-(l) Without prejudice to any other power to make regula- tions conferred by this Act, the Minister shall by regulations make provision- (a) for requiring, except in such circumstances, if any, as may be specified in the regulations, publication of notice of the making of any application for the grant, revocation, suspension or variation of an air service licence and for the making of objections or representa- tions with respect to any such application; (b) as to the persons entitled to be heard by the Board at any meeting to consider the grant, revocation, suspen- sion or variation of any such licence; (c) for conferring' a right to appeal to the Minister from any decision of the Board with respect to any air service licence or any application for such a licence upon the holder of or applicant for the licence and upon such other persons, if any, as may be specified in the regula- lions, and generally as to such appeals, including in particular provision as to the time by which any such appeal must be made, the other persons, if any, to be be made parties thereto, and the liability of any of the parties in respect of costs or expenses incurred in connection therewith; (ci) for the making of representations to the Minister by the Government of the Isle of Man or by the States of Jersey or Guernsey as respects any such decision of the Board as is mentioned in the last foregoing paragraph, and for applying in relation to those representations, with such modifications as the Minister thinks fit, any PAGENO="0629" AIR LAWS AND TREATIES OF THE WORLD 623 provision relating to appeals contained in this Act or in any regulations made thereunder; (e) for requiring the payment to the Board in connection with air service licences or applications relating thereto of such fees determined in such manner as the regu- * lations may with `the approval of the Treasury provide. (2) Without prejudice as aforesaid, the Minister may by regu- lations make provision- (a) as to the form and manner in which any application, * objection or representation shall be made to the Board; (b) with respect to the furnishing by persons making an application, objection or representation to the Board of information or documents relevant thereto; (c) as to the liability of any of the persons heard by virtue of paragraph (b) of subsection (1) of this section at any meeting of the Board in respect of costs or expenses incurred in connection with that hearing; (d) with respect to the provision by holders of air service licences or air operator's certificates of statistical or other information with respect to their operations to which the licence or certificate relates; (e) as to the circumstances, if any, in which an air service licence shall or may be transferred or treated as if granted to a person other than the person to whom it was granted; (/) with respect to the surrender for cancellation or varia- tion of air service licences; (g) generally as to the procedure of the Board; (h) for. the setting up of regional advisory committees for the purpose of advising the Board on matters relating to their functions under this Act with particular regard to the circumstances and requirements of particular areas, and for the payment by the Minister of travelling or other expenses reasonably incurred by any person as a member of any such committee. (3) Any power to make regulations conferred by this Act shall include power to make different provision for different circumstances and to make such incidental or supplementary provision as appears to the Minister necessary or expedient for giving effect to the purposes of this Act. (4) Any power to make regulations conferred on the Minister by this Act shall be exercisable by statutory instrument, and any such instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament. PAGENO="0630" 624 AIR LAWS AND TREATIES OF THE WORLD Enforcement 6.-(1) If an aircraft is used on any flight in contravention of of licensing subsection (2) of section one of this Act, the operator of the provisions, aircraft, and if any other person, whether by negotiating a contract or otherwise howsoever, made available facilities for travel or the consignment of goods on that flight knowing or having reasonable cause to suspect that the flight would be in contravention of the said subsection (2), that other person also, shall be guilty of an offence and be liable- (a) on summary conviction, to a fine not exceeding five hundred pounds, or to imprisonment for a term not exceeding three months, or to both such a fine and such imprisonment; (b) on conviction on indictment, to a fine of such amount as the court may think fit, or to imprisonment for a term not exceeding two years, or to. both such a fine and such imprisonment. (2) For the purpose of securing compliance with the require- ments of section one of this Act, the Minister or anyone acting under his authority may require any person who, in the United Kingdom, whether by providing an aircraft or negotiating a con- tract or otherwise howsoever~ makes available, or offers, facilities for travel or the consignment of goods upon any journey by air, and any servant or agent of any such person, and any person who is the holder of an aerodrome licence, to provide the Minister with all such information or documents in his possession or control relating to the journey or proposed journey as may be specified in the requirement ; and any person who wilfully fails to comply with any requirement under this subsection shall be guilty of an offence and be liable on summary conviction to a fine not exceeding one hundred pounds. (3) If the holder of any air service licence or air operator's certificate fails without reasonable cause to comply with any requirement of any regulations with respect to the provision of information made by virtue of paragraph (d) of subsection (2) of section five of this Act, he shall in respect of each such failure be guilty of an offence and liable on summary conviction to a fine not exceeding one hundred pounds. (4) If any person, in furnishing any information under this Act, furnishes any information which to his knowledge is false in any material particular or recklessly furnishes any information which is false in any material particular, he shall be guilty of an offence and be liable- (a) on summary conviction, to a fine not exceeding one hundred pounds, or to imprisonment for a term not exceeding three months, or to both such a fine and such imprisonment; PAGENO="0631" AIR LAWS AND TREATIES OF THE WORLD 625 (b) on conviction on indictment, to a fine not exceeding five hundred pounds, or to imprisonment for a term not exceeding two years, or to both such a fine and such imprisonment. (5) If any person fails without reasonable cause to comply with any requirement duly made of him under this Act to surrender an air service licence for cancellation or variation, he shall be guilty of an offence and be liable on summary conviction to a fine not exceeding fifty pounds. (6) Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against and punished accordingly. In this subsection, the expression "director ", in relation to a body `corporate established by or under any enactment for the purpose of carrying on under national ownership any indus- try or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate. (7) Any offence under this section shall, for the purpose of conferring jurisdiction, be deemed to have been committed in any place where the offender may for the time being be. Prohibition of aerial advertising 7.-(1) Save in such circumstances as may be prescribed, no Prohibition aircraft while in the air over any part of the United Kingdom of aenal or the territorial waters thereof shall be used, whether wholly or partly, for emitting or displaying any advertisement or other propaganda. communication in such a way that the advertisement or com- munication is audible or visible from the ground. (2) Any person who uses an aircraft, or knowingly causes or permits an aircraft to be used, in contravention of the foregoing subsection shall be guilty of an offence and be liable on summary conviction- (a) in the case of a first conviction of an offence under this section, to a fine not exceeding one hundred pounds; (b) in any. other case, to a fine not exceeding two hundred pounds, or to imprisonment for a term not exceeding three months, or to both such a fine and such imprison- ment; and subsections (6) and (7) of section six of this Act shall apply to any offence under this subsection as they apply to any offence under that section. PAGENO="0632" 626 AIR LAWS AND TREATIES OF THE WORLD General Expenses of, 8.-(l) The Minister shall provide the Board with such accom- and reports modation and equipment as appears to him to be necessary or by, Board. expedient for the exercise of their functions and shall also provide from among his officers and servants such number of persons to act as officers or servants of the Board as he may from time to time with the approval of the Treasury think fit; and any expenditure incurred by the Board with the approval of the Minister shall be defrayed by the Minister. (2) The Board shall furnish the Minister with such accounts and other information relating to the discharge of their functions as he may from time to time require, and shall, as soon as may be after the end of each year, make a report to the Minister as to the exercise and performance of their functions under this Act in that year, which shall cover any particular matters on which the Minister has requested them to report; and the Minister shall lay a copy of every such report before each House of Parliament. (3) Any expenditure incurred by the Minister in consequence of the provisions of this Act shall be defrayed out of moneys provided by Parliament; and any fees received under this Act by the Board shall be paid by the Board to the Minister, who shall pay them into the Exchequer. Repeal of 9. The following provisions are hereby repealed, that is to certain say- enactments. (a) in the Air Corporations Act, 1949, sections twenty-four (except subsection (2) thereof) and twenty-five (which relate to the reservation of certain air services to the British Overseas Airways Corporation, the British European Airways Corporation and their associates), section four (which provides for the appointment of regional committees by the said Corporation) and sub- section (3) of section seven (which relates to one of the provisions repealed by the next following paragraph); (b) in the Civil Aviation Act, 1949, section twelve (which provides for the constitution and functions of the Air Transport Advisory Council) and section thirteen (which empowers Her Majesty to make provision for the licensing of air transport and commercial flying by Order in Council); (c) the entries relating to the said Advisory Council in Part II of the First Schedule to the House of Commons Disqualification Act, 1957, and in the said Part II as substituted by the Third Schedule to that Act. PAGENO="0633" AIR LAWS AND TREATIES OF THE WORLD 627 10. In this Act, unless the context otherwise requires, the Interpretation. following expressions have the following meanings respectively, that is to say- "aerodrome licence" means a licence granted in respect of an aerodrbrne by virtue of section eight of the Civil Aviation Act, 1949; "air operator's certificate" has the meaning assigned by paragraph (a) of subsection (2) of section one of this Act; "air service licence" means a licence under section two of this Act; "air transport service" means `the carriage of passengers or of mails or other cargo by air for reward; "the Board" means the Air Transport Licensing Board established in pursuance of subsection (1) of section one of this Act "British protected person ", "colony ", "protectorate" and "United Kingdom trust territory" have the same meanings respectively as in the British Nationality Acts, 1948 and 1958; "flight" means a journey by air beginning when the air- crafttakes off and ending when the aircraft next alights thereafter; "the Minister" means the Minister of Aviation; "operator ", in relation to an aircraft, means the person for the time being having the business management of that aircraft, and cognate expressions shall be construed accordingly; "prescribed" means prescribed by the Minister by regula- tions under this Act; "reward ", in relation to any flight by an aircraft, includes any form of consideration received or to be received wholly or partly in respect of or in connection with that flight, irrespective of the person by or to whom the consideration has been or is to be given; "tariff ", in relation to any air transport service, means the fares or freight rates (including any charges for th~ carriage of mails) to be charged and any conditions upon which those fares or freight rates depend. 11.-(l) Her Majesty may by Order in Council direct that Power to any of the provisions of this Act shall extend with such excep- extend tions, modifications and adaptations, if any, as may be specified provisions of in the Order- ACt to Certain (a) to any of the Channel Islands or to the Isle of Man; territories. (b) to any colony, protectorate or United Kingdom trust territory. PAGENO="0634" 628 AIR LAWS AND TREATIES OF THE WORLD (2) An Order in Council made by virtue of paragraph (a) of the foregoing subsection may provide for the payment of sums out of moneys provided by Parliament for any purpose for which sums are required to be so paid in consequence of the exercise of the powers conferred by this section. (3) Any Order in Council made under this section may be varied or revoked by a subsequent Order in Council so made. (4) For the avoidance of doubt, it is hereby declared that, without prejudice to any provision of any Order in Council under this section extending paragraph (b) of section nine of this Act to any of. the territories mentioned in subsection (1) of this section, the repeal by the said paragraph (b) of section thirteen of. the Civil Aviation Act, 1949, shall not affect the operation of the said section thirteen as extended to any of those terri- tories by an Order in Council made before the commencement of this Act under section sixty-six or sixty-seven of the said Act of 1949. Citation, 12.-(l) This Act may be cited as the Civil Aviation commence- (Licensing) Act, 1960. ment and extent. (2) This Act and the Civil Aviation Act, 1949, may be cited together as the Civil Aviation Acts, 1949 and 1960. (3) This Act shall come into force on such day as the Minister may by order made by statutory instrument appoint, and different days may be appointed for different purposes of this Act. (4) It is hereby declared that this Act extends to Northern Ireland. PAGENO="0635" AIR LAWS AND TREATIES OF THE WORLD 629 SCHEDULE THE Am TRANSPORT LIcENsING BoARD 1. The Board shall consist of not less than six nor more than ten members appointed by the Minister, who shall also appoint two of those members to be chairman and deputy chairman respec- tively of the Board. 2. Subject to the provisions of this Schedule, the chairman, the deputy chairman and each of the other members of the Board shall hold and vacate his office in accordance with the terms of the instrument appointing him. 3. The Minister- (a) shall pay to any member of the Board such remuneration (whether by way of salary or fees) and such allowances as the Minister may with the approval of the Treasury determine; and (b) in the case of any member of the Board with respect to whom `the Minister may with the said approval determine, shall make such provision for the payment of a pension to or in respect of that member as he may so determine; and the Minister shall, as soon as possible after the establishment of the Board, lay before each House of Parliament a statement of the remuneration and allowances that are or will be payable under this paragraph `to the members of the Board; and if any subsequent determination made by him under this paragraph involves any departure from the terms of that statement or if a determination so made provides for the payment of a pension to or in respect of any member of the Board, the Minister shall, as soon as possible after the determination, lay a statement thereof before each House of Parliament. 4. In Part II of the First Schedule to the House of Commons Dis- qualification Act, 1957 (which specifies certain bodies all members of which are disqualified under that Act) and in the Part substituted for the said Part II by the Third Schedule to that Act in its applica- tion to the Senate and the House of Commons of Northern Ireland, after the entry relating to the Air Transport Advisory Council there shall be inserted the words "The Air Transport Licensing Board ". 5. If the Minister is satisfied that the chairman or deputy chair- man of the Board is temporarily unable to discharge the functions of his office owing to illness or any other cause, he may appoint some other member of the Board to act for the time being in the place of the chairman or deputy chairman, as the case may be. 6. If the Minister is satisfied that a member of the Board- (a) has without the permission of the Board been absent from meetings of the Board for a continuous period exceeding six months; or (b) has become bankrupt or made an arrangement with his creditors; or PAGENO="0636" 630 AIR LAWS AND TREATIES OF THE WORLD (c) has by reason of illness or any other cause become unable or unfit to act as a member of the Board, the Minister may, by giving notice in such manner as he thinks fit, declare that person's office as a member of the Board to have become vacant. 7~ No person who for the time being has any interest, whether as a shareholder or otherwise, in the business of an operator of. aircraft or of the holder of an aerodrorne licence shall act as a member of the Board unless he has declared his interest to the Board and to the Minister; and if the Minister is satisfied that, by reason of that interest or of any failure so to declare such an interest, it is right and proper so to do, the Minister may by giving notice in such manner as he thinks fit declare that person's office as a member. of the Board to have become vacant.. 8. The Board may act notwithstanding a vacancy in the member- ship thereof, and no act of the Board shall be invalidated by reason of any irregularity in the appointment of any member thereof or by reason of any person irregularly acting as a member thereof. Table of Statu tes referred to in thi s Act . Short Title Session and chapter Civil Aviation Act, 1949 ... 12, 13 & 14 Geo. 6. c. 67. Air Corporations Act, 1949 12, 13 & 14 Geo. 6. c. 91. House of Commons Disqualification Act, 1957 5 & 6 EIiz. 2. c. 20. PAGENO="0637" INDIA PRELIMINARY The air laws and regulations in force in India are collected in the Indian Aircraft Manual, a Compilation of the Legislation and Rules Governing Civil Aviation in India, revised edition, corrected up to 31st March, 1957 (Manager, Govt. of India Press, Delhi, India, 1957). They comprise the following: 1. The Indian Aircraft Act, 1934 (XXII of 1934); 2. The Indian Aircraft Rules, 1937; 3. The Indian Aircraft Rules, 1920 (Part IX); 4. The Indian Aircraft (Public Health) Rules, 1954; 5. The Indian Carriage by Air Act, 1934 (XX of 1934); 6. A list of statutory notifications affecting aviation in India. The Indian Aircraft Rules, 1920, govern the arrival of aircraft in, and departure from, India. The Indian Carriage by Air Act, 1934 (as does the British Carriage by Air Act, 1932) applies the provisions of the Warsaw Conventioii to India. Liability for damages caused by aircraft is not regulated in any of the above enactments, but in the Indian Fatal Accidents Act and in general laws on liability. 631 PAGENO="0638" PAGENO="0639" THE INDIAN AIRCRAFT ACT, i~j. 633 PAGENO="0640" PAGENO="0641" AIR LAWS AND TREATIES OF THE WORLD 635 SECTIONS i Short Title and Extent 2 Definitions 3 Power of Central Government to exempt certain aircraft 4 Power of Central Government to make rules to implement the Conven~ tion of 1919 ~ Power of Central Government to make rules 6 Power of Central Government to make orders in emergency 7 Power of Central Government to make rules for investigation of accidents. 8 Power to detain aircraft ~A. Power of Central Government to make rules for protecting public health 8B. Emergency powers for protecting the public health 9 Wreck and salvage 10 Penalty for act in contravention of rule made under this Act ii Penalty for flying so as to cause danger 12 Penalty for abetment of offences and attempted offences `13 Power of Court to order forfeiture 14 Rules to be made after publication 15 Use of patented invention on aircraft not required in India i6 Power to apply customs procedure i 7 Bar of certain suits i8 Saving for act done in good faith under the Act ig Saving of application of Act ~o Repealed 67717 O-~fl-41 PAGENO="0642" 636 AIR LAWS AND TREATIES OF THE WORLD ACT No. XXII OF 1934. (PASSED BY THE INDIAN LEGISLATURE.) (Received the assent of the Governor-General on the 19th August, 1934.) An Act to make better provision for the control of the manufacture, ?ossession, use, operation, sale, import and export of aircraft. WHEREAS it is expedient to make better provision for the control of the manufacture, possession, use, operation, sale, import and export of aircraft: It is hereby enacted as follows : - 1. Short title and extent.-(1) This Act may be called the Indian Aircraft Act, 1934. (2) It extends to the whole of India and applies also- (a) to citizens of India wherever they may be; and (b) to, and to the persons on, aircraft registered in India wher- ever they may be. 2. Definitions.-In this Act, unless there is anything repugnant in the subject or context- (1) "aircraft" means any machine which can derive support in the atmosphere from reactions of the air, and includes balloons whether fixed or free, airships, kites, gliders and flying machines; (2) "aerodrome" means any definite or limited ground or water area intended to be used, either wholly or in part, for the landing or departure of aircraft, and includes all buildings, sheds, vessels, piers, and other structures thereon or appertaining thereto; (3) "import" means bringing into India; and (4) "export" means taking out of India. 3. Power of Central Government to exempt certain aircraft.- The Central Government may, by notification in the official Gazette, exempt from all or any of the provisions of this Act any aircraft or class of aircraft and any person or class of persons, or may direct that such provisions shall apply to such aircraft or persons subject to such modifications as may be specified in the notification. 4. Power of Central Governu~ent to make rules to implement the Convention of 1919.-The Central Government may, by notification in the official Gazette, make such rules as appear to it to be necessary for carrying out the Convention relating to the regulation of Aerial Navigation signed at Paris, October 13, 1919, with Additional proto- col, signed at Paris, May 1, 1920, and any amendment which may be made thereto, under the provisions of Article 34 thereof.. 5. Power of Central Government to make rules.-(1) The Central Government may, by notification in the official Gazette, make rules regulating the manufacture, possession, use, operation, sale, import or export of any aircraft or class of aircraft. PAGENO="0643" AIR LAWS AND TREATIES OF THE WORLD 637 (2) *ithout prejudice to the generality of the foregoing power, such rules may provide for-j (a) the authorities by which any of the powers conferred by or under this Act are to be exercised; (aa) the regulation of air transport services, and the rrrohibition of the use of aircraft in such services except under the authority of and in accordance with a licence authorizing the establishment of the service; (ab) the information to be furnished by an applicant for, or the holder of, a licence authorizing the establishment of' an air transport service to such authorities as may be specified in the rule; (b) the licensing, inspection and regulation of aerodromes, the conditions under which aerodromes may be maintained and the fees which may be `charged thereat, and the prohibition or regulation of the use of unlicensed aerodromes; (c) the inspection and control of the manufacture, repair and maintenance of aircraft and of places where aircraft are being manu- factured, repaired or kept; (d) the registration and marking of aircraft; (e) the conditions under which aircraft may be flown, or may carry passengers, mails or goods, or may be used for industrial purposes and the certificates,' licences or documents to be carried by aircraft; (f) the inspection of aircraft for the purpose of enforcing the provisions of this Act and the rules' thereunder, and the facilities to be provided for such inspection; (g) the licensing of persons employed in the operation, manufac- ture, repair or maintenance of aircraft; (h) the air-routes by which and the conditions under which air- craft may enter or leave India, or may fly over India, and the places at which aircraft shall land; (1) the prohibition of flight by aircraft over any specified area, either absolutely or at specified times, or subject to specified condi- tions and exceptions; , (j) the supply, supervision and control of air-route beacons, aerodrome lights, and lights at or in' the neighbourhood of aero- dromes or on or in the neighbourhood of air-routes; (~) the installation `and maintenance of lights on private property in the neighbourhqod of aerodromes or on or in the neighbourhood of air-routes, by the owners or occi1ipiers of such property, the pay- ment by the Central Government for such installation and mainte- nance, and the supervision and control of such installation and maintenance, including the right of access to the property for such purposes; (k) the signals to be used for purposes o,f communication by or to aircraft and the apparatus to be employed in signalling; (1) the prohibition an~1 regulation of th? carriage in aircraft of any specified article or substance; (m) the measures to be taken and the equipment to be carried for the purpose of ensuring the safety of life; PAGENO="0644" 638 AIR LAWS AND TREATIES OF THE WORLD (n) the issue and maintenance of log-books; (o) the manner and conditions of the issue or renewal of any licence or certificate under the Act or the Rules, the examinations and tests to be undergone in connection therewith, the form, custody, production, endorsement, cancellation, suspension or surrender' of such licence or certificate, or of any log-book; (p) the fees to be charged in connection with any inspection, examination, test, certificate or licence, made, issued or renewed `under this Act; (q) the recognition for the purposes, of this Act of licences and certificates issued elsewhere than in India relating to aircraft or to the qualifications of persons employed in the operation, manu- facture, repair or maintenance of aircraft; and (r) any matter subsidiary or incidental to the matters referred `to in this sub-section. (3) Rules to be laid before Parliament.-Every rule made under this section shall be laid as soon as may be after it is made before `Parliament, while it is in session, for a total period of one month which may be comprised in one session or in two or more sessions, and if before the expiry of that period Parliament makes any modification in the rule or directs that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect as the case may be. 6. Power of Central Government to make orders in emergency.- (1) If the Central Government is of opinion that in the interest of `the public safety or tranquility the i~sue of all or any of the follow- ing orders is expedient, it may, by notification in the official `Gazette- (a) cancel or suspend, either absolutely or subject to such condi- tions as it may think fit to specify in the order, all or any licences or `certificates issued under this Act; (b) prohibit, either absolutely or subject to such conditions as it may think fit to specify in the order, or regulate in such manner as may be contained in the order, the flight of all or any aircraft or class of aircraft over the whole or any portion of India; (c) prohibit, either absolutely or conditionally, or regulate the erection, maintenance, or use of any aerodrome, aircraft factory, hying-school or club, or place where aircraft are manufactured, repaired or kept, or any class or description thereof; and (d) direct that any aircraft or class of aircraft or any aerodrome, aircraft factory, flying-school or club or place where aircraft are manufactured, repaired or kept, together with any machinery, plant, material or things used for the operation, manufacture, repair or maintenance of aircraft shall be delivered, either forthwith or with- in a specified time, to such authority and in such manner as it may specify in the order, to be at the disposal of Government for the public service. (2) Any person who, suffers direct injury or loss by reason of any ~order made under clause (c) or clause (d) of sub-section (1) shall be PAGENO="0645" AIR LAWS AND TREATIES OF THE WORLD 639 paid iüch compensation as may be determined by such authority as the Central Government may appoint in this behalf. (3) The Central Government may authorize such steps to be taken to secure compliance with any order made under sub-section (1) as appear to it to be necessary. (4) Whoever knowingly disobeys, or fails to comply with, or' does any act in contravention of, an order made under sub-section. (1) shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both, and the Court by which he is convicted may direct that the aircraft or thing (if any) in respect of which the offence has been committed, or any part of' such thing, shall be forfeited to Government. `7. Power of Central Government to make rules for investiga- tion of accidents.-(l) The Central Government may, by notification in the official Gazette, make rules providing for the investigation. of any accident arising out of or in the course of the navigation- (a) in or over India of any aircraft, or (b) anywhere of aircraft registered in India. - (2) Without prejudice to the generality of the foregoing powerr such rules may- (a) require notice to. be given of any accident in such manner and by such person as may be prescribed; (b) apply for the purposes of such' investigation, either with or without modification, the provisions of any law for the time being in force relating to the investigation of accidents; (c) prohibit pending investigation acce~s to or interference with aircraft to which an accident has occurred, and authorize any person so far as may be necessary for the purposes of an investigation to have access to, examine, remove, take measure~ for the preserva- tion of, or otherwise deal with any such aircraft; and (d) authorize or require the cancellation, suspension, endorse- ment or surrender of any licence or certificate granted or recognized - under this Act, when it appears on an investigation that the licence ought to be so dealt with, and provide for~ the production of any such licence for such purpose. 8. Power to detain aircraft.-(1) Any authority, authorized in this behalf by the Central Government may detain any aircraft, if in the opinion of such authority- (a) having regard to the nature of an intended flight, the flight of such aircraft would involve danger to persons in the aircraft or to any other persons `or property.; or (b) such detention is necessary to secure compliance with any of the provisions of this Act or the rules applicable to such aircraft; 01' such detention is necessary to prevent a contravention of any rule `made under clause (h) or clause (i), of sub-secti9n (2) of sec- tion 5. . - (2) The Central Government may, by notification in the official Gazette, make rules regulating all matters incidental or subsidiary to the exercise of this power. 8A. Power of Central Government to make rules for protecting the public health.-The Central Government may, by notification in PAGENO="0646" 640 AIR LAWS AND TREATIES OF THE WORLD the official Gazette, make rules for the prevention of danger arising to the public health by the introduction or spread of any infectious. or contagious disease from aircraft arriving at or being at any aero- drome and for the prevention of the conveyance of infection or contagion by means of any aircraft leaving an aerodrome and in. particular and without prejudice to the generality of this provision may make, with respect to aircraft and aerodromes or any specified aerodrome, rules providing for any of the matters for which rules under sub-clauses (i) to (viii) of clause (p) of sub-section (1) of section 6 of the Indian Ports Act, 1908, may be made with respect to vessels and ports. 8B. Emergency powers for protecting the public health.-(l) If the Central Government is satisfied that India or any paff thereof. is. visited by or threatened with an outbreak of any dangerous epidemic disease, and that the ordinary provisions of the law for the time being in force are insufficient for the prevention of danger arising to the public health through the introduction or spread of the disease by the agency of aircraft, the Central Government may take such measures as it deems necessary to prevent such danger. (2) In any such case the Central Government may, without prejudice to the powers conferred by section 8A, by notification in the official Gazette, make such temporary rules with respect to air- craft and persons travelling or things carried therein and aero- dromes as it deems necessary in the circumstances. (3) Notwithstanding anything contained in section 14, the power td make rules under sub-section (2) shall not be sublect to the condition of the rules being made after previous publication, but such rules shall not remain in force for more than three months. from the date of notification: Provided that the Central Government may by special order continue them in force for a further period or periods of not more than three months in all. 9. Wreck and salvage.-(1) The provisions of Part VII of the Indian Merchant Shipping Act, 1923 (XXI of 1923), relating to Wreck and Salvage shall apply to aircraft on or over the sea or tidal waters as they apply to ships, and the owner of an aircraft. shall be entitled to a reasonable reward for salvage services rendered by the aircraft in like manner as the owner of a ship. (2) The Central Government may, by notification in the official Gazette, make such modifications of the said provisions in their application to aircraft as appear necessary or expedient. 10. Penalty for act in contravention of rule made under this Act.-In making any rule under section 5, section 7, section 8, section 8-A or section 8-B, the Central Government may direct that a breach of it shall be punishable with imprisonment for any term. not exceeding three months, or with fine of any amount not exceed- ing one thousand rupees, or with both. 11. Penalty for flying so as to cause danger.-Whoever wilfully~ flies any aircraft in such a manner as to cause danger to any person PAGENO="0647" AIR LAWS AND TREATIES OF THE WORLD 641 *or to any property on land or water or in the air shall be punishable `with imprisonmentS for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 12. Penalty for abetment of offences and' attempted offences.- Whoever abets the commission of any offence under this Act or the rules, or attempts to commit such offence, and in such attempt does any act towards the commission of the offence, shall be liable to the punishment provided for the offence. 13. Power of Court to order forfeiture.-Where any person is convicted of an offence punishable under any rule made under clause (i) or clause (1) of sub-section (2) of section 5, the Court by which he is convicted may direct that the aircraft or article or `substance, as the case may be, in respect of which the offence has been committed, shall be forfeited to Government. .14. Rules to be made after publication.-Any power to make rules conferred by this Act is subject to the condition of the rules being made after previous publication for a period of not less than `three mpnths. 15. Use of patented invention on aircraft not required in India.- `The provisions of section 42 of the Indian Patents and Designs Act, 1911 (II of 1911), shall apply to. the use of an invention on any air-. craft not registered in India in like manner as they apply to the use of an invention in a foreign vessel. 16. Power to apply customs procedure.-The Central Govern- ment may, by notification in the official Gazette, declare that any o? all of the provisions of the Sea Customs Act, 1878 (VIII of 1878), shall, with such modifications and adaptations as may be specified in the notification, apply to the import and export of goods by air. 17. Bar of certain suits.-No `suit shall be brought in any Civil Court in respect of trespass or in respect of nuisance by reason only of the flight of aircraft over any property at a height above the ground which having regard to wind, weather and all the circum- stances of the case is reasonable, or by reason only of the ordinary incidents of such flight. 18. Saving for acts done in good faith under the Act.-No suit, prosecution or other legal proceeding. shall lie against any person for anything in good faith done or intended to be done under this Act. 19. Saving of application~ of Act.-(1) Nothing in this Act or in any order or rule, made thereunder shall apply to or in respect of any aircraft belonging to or exclusively employed in the naval, military or air forces of the Union, or to any person in such forces employed in connection with such aircraft. (2) Nothing in this Act or in any order or rule made there- under shall apply to or in respect of any lighthouse to which the Indian Lighthouse Act, 1927 (XVII of 1927), applies or prejudice' or affect any right or power exercisable by any authority under that Act. 20. Repealed by Act No. I of 1938. PAGENO="0648" PAGENO="0649" THE INDIAN AIRCRAFT RULES, i~7~ 643 PAGENO="0650" PAGENO="0651" AIR LAWS AND TREATIES OF THE WORLD 645 PART I.-PR.ELThSINARY. RULEs i-3~ Extent of application-Nationality of aircraft-Definitions and interpretation PART 11.-GENERAL CONDITIONS OF FLYING. RULEs-4-2o. Aircraft to be registered and personnel licensed-Documents to be carried in air-, craft-Carriage of explosives and arms, radio-telegraph apparatus and mail-' Use of aerodromes-Prohibited areas-Photographs at aerodromes or from aircraft in flight-Public transport and aerial work-Conditions for flight- Production of licences, etc.-Prevention of flights-Cancellation, suspension and endorsement of licences and certificates-Non-applicability of certain rules to gliders and kites. . . . . . . PART III.- GENERAL SAFETY CONDITIONS. RULES 21-29. Dangerous flying-Flying over cities, etc.-Acrobatics-Prohibition on intoxi- cated persons-Carriage of persons suffering from mental disorders-carriage of prisoners-Smoking ` in aircraft-Parachute descents and dropping of articles-Carriage of persons in unauthorized parts of aircraft-Control of aircraft by persons under seventeen-Acts imperilling safety PART IV.-REGI5TRATION AND MARKING OF AIRCRAFT. RULES 30-37. Certficates of Registration-Nature of application-Aircraft imported by air- Change in ownership-Aircraft destroyed or withdrawn from use-Registra- tion fee-Registration of aircraft-Method of affixing marks PART V.-PERSONNEL OF AIRCRAFT. RULES 38-48. Personnel to be carried-Licensing authority-Disqualification from holding or obtaining a licence-Me~lical requirements-Signature of licence holder- Proofs of competency-Periods of validity of licences-Pilots do not fly for more than 125 hours during any period of 30 consecutive days-Renewal of licences- Aircraft not registered in India-Validation of foreign licenses-Renewal, variation and validation of licences outside India-Age of applicants-Fees PART VI.-AIRwORTmNE55. RULES 49-62. ~Standard of airworthiness-Acceptance of foreign standard-instruments and equipment-Weight-Period of validity for certificates of airworthiness- Renewal of certificates of airworthiness-Periodical overhaul-Modifications- Maintenance standards and accessories-Daily inspection-Licensing of Aircraft Maintenance Engineers-Fees . ` . . ., PART VII.-R~nIo TELEGRAPH APPARATUS. RULES 63-4. Aircraft for which apparatus is obligatory-Suspension rules PART VIII.-AIR Roum BEACONS, AERODROME AND FALSE LIGLrrs. RULES 65-66. Air route beacons and aerodrome lights-False lights. . PART IX.-L0G Boons. RULE 67. Log books to be kept-Journey log book to be issued by the Central Government -Period of preservation of log books . . . PART X.-INvE5TIGA'rIoN OF ACCIDENTS. RULES 68-77A. Notification of accidents-Report on accidents-Removal and preservation of damaged aircraft -Inspector's investigation-Powers of Inspector of Acci- dents-Inspector's fee-Commitee of inquiry-Formal Investigation-Obstru- ctiOn of Proceedings~_Accident to aircraft registered in foreign state -Saving PART XI.-AmtoDRoMEs. RULES 78-87. Government aerodromes-Other aerodromes-Licensed aerodromes-Public aerodromes-Tariff charges-Qualifications of licensee-Period of validity of licence-Classification of aerodromes- Conditions governing the grant of licence-Fees ` . . . . . . PAGENO="0652" 646 AIR LAWS AND TREATIES OF THE WORLD PART XII.-RULE5 OF THE AIR. RULES 88-133. Lights and signals to be displayed by aircraft and sqund signals-Ground mark. ing-Lights and signals on and in the vicinity of public aerodromes-Distress, urgency and safety signals-Other signals to and from aircraft-General rules for air traffic-Special rules for traffic in the vicinity of aerodromes- Rules tor be obeserved for departures and landings-Rules to be observed for manoeuvres on the ground-Rules relating to aircraft on the surface of water-- Miscellaneous provisions . . .` . . . PART XIIA.-EMERGENCY ~`RovISIoNs. RULE 133A. Application of Flying Control Regulations and Communications procedure to Civil Aircraft . . . . . . . . PART XIII.-Am TTRANSPORT SERVICES. RULES 134-153 Air Transport Services-Minimum re~uirements to be complied with-Sanction to introduction of any new routs or alternation in any existing routes of Scheduled air transport services-Operations Manual-Rout Guides- Carriage of mails. . . . . . . PART XIV.-GENERAL. RULES 156-161. Inspection of aircraft and aircraft factories-Forgery, etc., of documents- Foreign military aircraft-obstruction of authorised persons-Exemption- - Penalties . . . . . . . . . - SCHEDULE 1.-PROHIBITED AREAS Areas over which flight by aircraft is prohibited. SCHEDULE IL-LICENSING OF AIRCRAFT PERSONNEL Proofs of competency. tests and examinations for the issue and renewal of licences of aircraft personnel . . . SCHEDULE 111.-CERTIFICATES OF AIRWORTHINESS AND AIRCRAFT MAINTENANCE ENGINEERS' LICENCES. Conditions relating to the grant, validity and r~newal of certificates of airworthiness and Aircraft Maintenance Engineers' licences. SCHEDULE IV.-DIAGRAMS Diagrams relating to lights and signals . . . SCHEDULE V.-AERODROMES. Requisites to grant of licences-Tariff of landing and housing charges at Government aerodromes. SCHEDULE VI.-PENALTIES Penalties for failure to comply with the rules. SCHEDULE VIII- LICENSING OF AIR TRANSPORT Minimum requirement to be complied with by Scheduled air transport services operated by the corporation. PAGENO="0653" AIR LAWS AND TREATIES OF THE WORLD 647 * DEPARTMENT OF INDUSTRIES AND LABOUR. NoTIFIcATIoN. New Delhi, the 23rd March, 1937. No. V-26.-In exercise of the powers conferred by sections 5 and .7 and sub-section (2) of section 8 of the Indian Aircraft Act, 1934 (XXII of 1934), and section 4 of the Indian Telegraph Act, 1885 (XIII of 1885), and in supersession of the Indian Aircraft Rules, 1920, with the exception of Part IX thereof, the Central Government is pleased to make the following rules, the same having been pre- viously published, as required by section 14 of the former Act, namely :- RULES. PART 1.-Preliminary. 1. Short title and extent- (1) These rules may be called the Indian Aircraft Rules, 1937. (2) They extend to the whole of India and apply also (unless the contrary intention appears)- (a) to, and to persons on, aircraft registered in India wherever they may be; (b) to, and to persons on, all aircraft for the time being in or over India: Provided that in the case of aircraft registered in a country other than India, the regulations of that country relating to registra- tion, licensing of personnel, airworthiness and log books shall apply in place of the provisions contained in Parts IV, V, VI and IX of these Rules Provided further that the foregoing proviso shall not apply to aircraft registered in any country whose regulations are not based on standards at least equal to the minimum standards established from time to time under the Convention on International Civil Aviation opened for signature at Chicago on the 7th December, 1944. 2. Nationality of aircraft.-An aircraft shall be deemed to pos- sess the nationality of the State on the register of which it is entered. 3. Definitions and Interpretafion.-(1) In these rules, unless there is anything repugnant in the subject or context- "Acrobatics" means any aerial maneuvres voluntarily accom- plished other than those which are carried out in the course of normal flight. "Aerial work aircraft" means aircraft used for an industrial or commercial purpose of any lucrative purpose other than public transport. "Aerodrome" means any definite or limited ~ground or water area intended to be used, either wholly or in part, for the landing or PAGENO="0654" 648 AIR LAWS AND TREATIES OF THE WORLD departure of aircraft, and includes, all buildings, sheets, vessels, piers and other structures thereon or appertaining thereto. "Aerodrome light" means any light exhibited at an aerodrome for the purpose of assisting the navigation or man~uvres of an air- craft or of signalling to or from an aircraft. "Aerodyne" means an aircraft whose support in flight is derived dynamically from the reaction on surfaces in motion relative to the air, and includes all aeroplanes, helicopters, gyroplanes, gliders and kites. "Aeroplane" means a mechanically driven aerodyne supported by aerodynamic reactions on surfaces remaining fixed under the same conditions of flight. "Aerostat". means an aircraft supported in the air statically and includes all airships and balloons. "Aircraft" means any machine which can derive support in the atmosphere from reactions of the air, and includes balloons whether fixed or free, airships, kites, gliders and flying machines. "Airship" means a mechanically driven aerostat having means of directional control. "Air transport service" means a service for the transport by air of persons, mails or any other thing, animate Or inanimate, for any kind of remuneration whatsoever, whether such service consists of a single flight or a series of flights. "Balloon" means an aerostat not provided with mechanical means of propulsion. "Contracting State" means any State which is for the time being a party to the Convention on International Civil Aviation concluded at Chicago on December 7, 1944; and any amendment which may be made thereto under the provisions of Article 94 thereof. "Corporation" means either of the Corporations established under the Air Corporations Act, 1953 (27 of 1953). "Course" means the forward direction of the intersection of the plane of symmetry (supposed vertical) of an aircraft with a horizon- tal plane. It is defined by the angle which it makes with a meridian of origin. By extension the angle itself. "Dangerous goods" means any goods, whether explosives or not, which by reason of their nature are likely to endanger the safety of aircraft or persons or things on board the `aircraft. "Director-General" means the Director-General of Civil Avia- tion. "Export" means taking out of India. "Flying machine" means a mechanically driven aerodyne, and includes all aeroplanes, helicopters and gyroplanes. "Glider" means an aerodyne supported in' flight by aerodynamic reactions on surfaces remaining fixed under, the same conditions of flight and not provided with mechanical means of propulsion. "Government aerodrome" means an aerodrome which is main- tained by or on behalf of Government. "Import" means bringing into India. PAGENO="0655" AIR LAWS AND TREATIES OF THE WORLD 649 "Landing area" means that part of an aerodrome reserved for the departure or landing of aircraft. "Making way." An aircraft is said to be "making way" when under way in the air or on the surface of the water, it has a velocity relative to the air or water respectively. "Military aircraft" includes naval, military and air force air- craft; and every aircraft commanded by a person in naval, military or air force service detailed for the purpose shall be deemed to be a military** aircraft. "Normal flight" means flight~ comprising climbing, hogizontal flight, turning and descending; provided, however, that it does not efitail abrupt variations in height, or in the~ attitude of the aircraft. "On the surface of the water" An aircraft is deemed to be "on the surface of the water" sà long as any portion of it is in contact with the water. "Passenger aircraft", "mail aircraft" and "goods aircraft" means aircraft which effect public transport of passengers, mails or goods respectively. "Personnel" in relation to any aircraft means the person in charge, pilot, navigator, engineer, and all other members of the crew. "Petroleum in bulk" means petroleum contained in a receptacle exceeding. two hundred gallons in capacity. "Private aircraft" means all aircraft other than aerial work air- craft or public transport aircraft. "Prohibited area" means an area over which the navigation of aircraft is prohibited under rule 12. "Public transport" means all carriage of persons or things effect~ ed by aircraft for a remuneration of any nature whatsoever, and all carriage of persons or things effected by aircraft without such remuneration if the carriage is effected by an air transport under- taking. "Public transport aircraft" theans an aircraft which effects public transport. "Scheduled air transport service" shall have the same meaning as in the Air Corporations Act, 1953 (27 of 1953). "State aircraft" includes military aircraft and aircraft exclu- sively employed in State service, such as posts, customs, police. "Subsequent aircraft" means an aircraft which is constructed in accordance with the design and specification of a type of aircraft, which has been approved or accepted by the Central Government for the issue of a certificate of airworthiness. "Take off" includes all the successive positions of an aerodyne from the moment it moves from rest until the moment of starting normal flight. "To land" is the action under normal conditions of making contact with the ground or a solid platform or water by an aircraft equipped for this purpose. PAGENO="0656" 650 AIR LAWS AND TREATIES OF THE WORLD "Under way" an aircraft is said to be "under way" when, being in the air or on the surface of the water, it is not moored to the ground or to any fixed. object on land or in the water. "Under control" an aircraft is said to be "under control" when it is able to manceuvre as required by these rules. "Visible" as applied to lights means visible on a dark, night with a clear atmosphere. (2) Any power or duty conferred or imposed by these rules on the Central Government may be exercised or discharged by the Central Government or by any person authorized by it in that behalf. (3) The exercise or discharge of any power or duty conferred or imposed by rule 19 or Part V or Part VI of these Rules on the Central Government by an authority outside India specified by the Central Government in that behalf, shall have effect in India as though the power had been exercised or the duty had been discharg-~ ed by a person authorized in this behalf under sub-rule (2). PAGENO="0657" AIR LAWS AND TREATIES OF THE WORLD 651 PART IL-General Conditions of Flying. 4. Use and operation of aircraft.-No person shall use or operate or assist in using or operating an aircraft save in accordance with these rules. 5. Registration and nationality and registration marks.-No persons shall fly, or assist in flying and aircraft unless- (a) it has been registered, and (b) it beai~s its nationality and registration marks and the name and residence of the owner affixed or painted thereon in accordance with rule 37 or, in the case of aircraft registered elsewhere than in India, in accordance with the regulations of the State in which it is registered: Provided that the prohibition imposed by this rule shall not apply to aircraft flown in accordance with the special permission in writing of the Central Government and subject to any conditions and limitations which may be specified in such permission. 5A. No person shall take an Indian reg~stered aircraft outside India and keep it outside India for a period exceeding 60 days, except with the special permission in writing of the Director- General and subject to such conditions and limitations as may be specified in such permission. 6. Licensing of personnel.-Every aircraft shall carry and be. operated by the personnel prescribed in Part V of these rules and such personnel shall be licensed in the manner prescribed in that Part: Provided that in the case of aircraft not registered in India, such personnel shall be licensed in accordance with the regulations of the State in which the aircraft is registered: Provided further that this . rule shall not apply to an aircraft flown by a person under instruction or undergoing tests for the purpose of obtaining or renewing a pilot's licence if- (a) the aircraft is flown within three miles of a licensed aero- drome or a Government aerodrome, (b) the airctaft carries no passengers, and (c) prior notice of the flight, and of the purpose of the flight is given to the person in charge of the aerodrome from which the flight is made. ~I. Documents to be carried in aircraft- (1) No person in charge of any public transport aircraft shall allow such aircraft to be flown unless the fqllowing documents are carried on board the aircraft, namely :- (i) the certificate of registration, (ii) the licences of the personnel, (iii) the certificate of airworthiness, (iv) the journey log book in cases where the keeping of a journey log book is prescribed in Part IX. PAGENO="0658" 652 AIR LAWS AND TREATIES OF THE WORLD (v) working copies of .the aircraft and engine log books pre- scribed by Part IX, whenever the aircraft leaves its normal station. (vi) where radio-telegraph apparatus is carried in the aircraft, the premit or licence issued by the Director-General of Posts `and Telegraphs, under which such apparatus is carried! Provided that where. a licence or other document has been sub- mitted to a competent authority under these rules for renewal or other action that. fact shall be. deemed a valid~ excuse for its not being carried on board the aircraft. (2) No person in charge of any aircraft engaged in international navigation shall allow such aircraft to be flown unless the following documents issued by the State in which the aircraft ~s registered are carried on board the aircraft, namely (i) the certificate of registration, (ii) the licences of the personnel, (iii) the certificate of airworthiness, (iv) the journey log book, (v) the aircraft and engine log books, (vi) where radio-telegraph apparatus is carried in the aircraft, the permit or licence for such apparatus, (vii) a list showing the name, permanent address, nationality and place of origin of each member of the crew, (viii) a stores list showing the nature and quantity of all stores carried, (ix) where the, aircraft carries passengers, a list showing the name, permanent address, nationality, place of origin, immediate destination and ultimate destination of every passenger, (x) where the aircraft carries goods, air consignment notes and manifests in respect thereof, showing a description of the goods,. the nature of the contract of carriage, the names and addresses of the consignor and the consignee, and the immediate and ultimate destination of the goods. (3) The provisions of sub-rule (2) shall also apply to aircraft not engaged in international navigation (other than aircraft which do not leave the vicinity of their starting place and which return without landing elsewhere to their starting place), with the follow- ing modifications, namely :- (a) The aircraft need not carry a certIficate of airworthiness, unless otherwise required by these rules to be in possession of the same. (b) Working copies of the aircraft and engine log books may be carried in lieu of the aircraft and engine log bdoks. 7A. Prohibition of carriage of persons without passport- (1) No person in charge of any aircraft shall allow such aii~craft to enter India from a place outside India unless all persons on board the aircraft are in possession of valid passports as required by rules for the time being in force made under the Indian Passport Act, 1920 (XXXIV of 1920). PAGENO="0659" AIR LAWS AND TREATIES OF THE WORLD 653 (2) Where an aircraft is brought into India in contravention of sub-rule (1), any authority empowered by the Central Government generally or specially in this behalf may direct the owner or the person in charge of the aircraft to take on board and remove from India, or otherwise arrange for the immediate removal from India of the person or persons without valid passports, and the owner, or as the case may be, the person in charge, of the aircraft shall comply with such directions. `7B. Carriage of Cock-pit Check List in aircraft.-Every aircraft, registered in India and engaged in public transport shall carry Cock- pit Check Lists and Emergency Check Lists approved by the Director General for that particular type of aircraft. Such lists shall be prominently displayed or installed in a readily accessible position in the pilot's cockpit. 8. Carriage of arms, explosives or dangerous goods- (1) Save as otherwise provided in this rule, no person shall carry or cause or permit to be carried, in any aircraft to, from within or over India any munitions of war, implements of war, explo- sives, articles of a highly inflammable nature, arms, ammunition,. military stores, oxidising material, corrosive substance, compressed gas, tear gas, radio-active materials, poisonous substance or other dangerous goods. (2) Notwithstanding anything contained in sub-rule (1), the following classes of goods may, suBject to the provisions of sub- rules (3) and (4), be carried in any aircraft, namely (a) such explosives or other articles as are required on board for the purpose of the operation, navigation or safety of the aircraft; (b) subject to the provisions of the Indian Arms Act, 1878, and the rules made thereunder such arms and ammunition as may reasonably be required for the private use of any person, either as personal luggage or as freight; and (c) any other goods the carriage of which is authorised in writ- ing by the Central Government, in accordance with and subject to the terms and conditions of such authorization. (3) Where the carriage of any goods is permitted by or under sub-rule (2) it shall be the duty of the pilot, of the consignor and of. every person concerned with the booking, handling or carriage of such goods to ensure- (a) that the goods are so packed, protected and secured as to avoid the possibility of their being a source of danger to the aircarft or to persons or things carried therein;~ (b) that the goods are carried in a receptacle not accessible to the passengers on the aircraft; and (c) that the nature of the goods is plainly and conspicuously marked on the outside of the package containing them. (4) The consignor of any goods which are or appear to be, of the kind specified in sub-rule (2) shall give the air carrier a written notice specifying the nature, weight~ and quantity of the goods and the name and full address of the consignor, and the carrier shall PAGENO="0660" 654 AIR LAWS AND TREATIES OF THE WORLD inform the pilot or person in charge of the aircraft of all such parti- culars before the goods are placed on board the aircraft. (5) Every consignor of goods by air, other than a consignor to whom sub-rule (4) applies, shall make a written declaration to the effect that the consignment does not contain any goods of the nature specified in sub-rule (1) and shall deliver the same to the air carrier: Provided that no such declaration shall be necessary in the case of international carriage of goods if the nature of the goods is clearly indicated in the air way-bill. (6) Where any officer authorised in this behalf by the Central Government has reason to believe that the provisions of this rule are, or are about to be, contravened he may cause the goods in question to be removed from the aircraft and placed under his custody pending detailed examination of the nature of the goods or pending a decision regarding the action, if any, to be taken in the matter. 9. Radio-telegraph apparatus- (1) No person shall operate radio-transmitting apparatus in any aircraft registered in India unless he holds a licence of the type required by the provisions of Part V in respect of aircraft required by these rules to carry radio-telegraph or radio-telephone apparatus, as the case may be, and issued in accordance with those provisions. (2) Radio-transmitting apparatus carried in aircraft shall be operated under the conditions defined by the International Tele- communication Convention (Madrid 1932) and the general radio- communication regulations annexed thereto as far as these apply and shall be operated only during the hours in which such opera- tion is permitted by the Central Government. (3) Aircraft registered in India and required by these rules to carry radio-telegraph apparatus shall be fitted with such apparatus in accordance with the provisions of Part VII. (4) Nothing in this rule shall exempt any person from those provisions of the Indian Telegraph Act, 1885, and the rules made thereunder which require that radio-telegraph apparatus shall be licensed. 10. Mails.-No person shall carry mails or allow mails to be carried in any aircraft except with the consent in writing of the Director-General of Posts and Telegraphs. 11. Aerodromes.-(1) No pilot or person in charge of any air- craft carrying passengers for hire or reward shall use any place for a series Of landings and departures, and no pilot or person in charge vf any aircraft employed on a scheduled air transport service shall use any place as a regular place of landing or departure other than an aerodrome licensed or approved for the purpose in accordance with the provisions of Part XI. (2) No person being the proprietor, of an aerodrome other than an aerodrome mentioned in sub-rule (1) shall permit the aero- drome to be used in contravention of that sub-rule. PAGENO="0661" AIR LAWS AND TREATIES OF THE WORLD 655 * (3) No person other than the occupant of arj. aircraft man~uvr- iñg in accordance with these rules may enter upon the `landing area -of an approved or licensed aerodrome without the consent of the -person in charge of the aerodrome. 12. Prohibited areas- (1) No person shall fly or assist in flying an aircraft over any -of the areas specified in Schedule I save in accordance with the conditions specified in that Schedule. (2) Every pilot who, when flying an aircraft, finds himself above a prohibited area in contravention of sub-rule (1), shall, as soon as he is aware of the fact, give the signal of distress specified in sub-rule (2) of rule 107, and shall land the aircraft as soon as -possible outside the prohibited area at one of the nearest aero- -drcmes in India: Provided that he shall not, unless compelled by stress of -weather or other unavoidable cause, fly further into the prohibited -area nor. commence to descend while still above the prohibited area. (3) When the signals prescribed in rule 111 are given, the pilot -of the aircraft shall immediately change his course and fly . away -from the prohibited area. (4) When* the signals prescribed in rule 110 are given, the pilot shall immediately give the signal referred to in sub-rule (2) of this rule and land the aircraft in accordance with that sub-rule. 13. Photographs at Aerodromes or from aircraft in fllght.-No -person shall take, or cause or permit to be taken, at a Government aerodrome or from an aircraft in flight, any photograph except in :accordance with and subject to the terms and conditions of, a permission in writing granted by. the Director-General, a Deputy Director General, the Director of Information and Regulations or a Controller' of Aerodromes, of the Civil Aviation Department Provided that the Director-General from time~time, may by notification in the official Gazette direct that these restrictions shall not apply to photography at any Government aerodrome, or within such limits of any: Government aerodrome as may be specified in the ~order. 13A. Carriage of photographic apparatus in aircraft- (1) No camera or other apparatus for recording photographic impressions shall be carried in an aircraft except where- (a) the permission specified in rule 13 to take photographs `from the aircraft has been granted, or (b) the camera or such apparatus or the bag containing cameras or such apparatus is kept in the custody of the person in charge. of The aircraft and beyond the access of any other person during flight. (2) Any customs officer, any aerodrome officer and any other person specially authorised in this behalf by' the Director-General may search any aircraft or any person therein and may without prejudice to any other remedy seal any camera or other apparatus `for recording photographic impressions, or a bag containing cameras -or such apparatus, which in his opinion is being or is about to be `carried in the aircraft in contravention of sub-rule (1) and no person PAGENO="0662" 656 AIR LAWS AND TREATIES OF THE WORLD shall tamper with any such seal until the camera or apparatus or bag is removed from the aircraft. 14. Aerial work and public transport reserved for certain air- * craft.-No aircraft registered in accordance with Part IV in * Category B shall be used a~ an aerial work aircraft or as a public transport aircraft : - Provided that the Central Government may from time to time- permit, and impose restrictions on the performance of aerial work or public transport by aircraft other than those registered in accordance with Part IV in Category A, and such restrictions shall be deemed to have been effectively imposed if they have been~ notified in writing to the owner or operator of such aircraft or by notification in the official Gazette. 15. Conditions to. be complied with by aircraft in flight.-No aircraft engaged in international navigation, passenger aircraft, goods aircraft or mail aircraft, and no aircraft let out for hire for the purpose of being flown by. the hirer, or by any other person~ shall be flown unless the following conditions are complied with,. namely :- (i) the aircraft shall be certified as airworthy and shall be- maintained in airworthy condition in accordance with the provi.. sions of Part VI or (in the case of an aircraft not registered in~ India) in accordance with the regulations of the State in which the aircraft is registered; (ii) all the terms or conditions on which the certificate of air- worthiness was . granted shall be duly complied with; (iii) the aircraft shall carry on board its certificate of *air.~- worthiness and any other certificates prescribed by Part VI, or by the regulations of the State in which the aircraft is registered, which it is required to carry on board. The certificate of airworthi..- ness shall be carried in the pocket of the journey log book; (iv) the aircraft shall be fitted with and shall haye in working * order such instruments and equipment as are prescribea in Part. VI for an aircraft of that class or description: Provided that the Central Government may, by order in writing and subject to such conditions as~ may be contained in the order,. exempt any aircraft from the operation of this rule. Explanation.-For the purpose of this rule, aircraft let out oa payment for instructional or other purposes by a flying club or fiy~ ing school to a member or pupil thereof shall be deemed to be let. out for hire. / . 16. Rules of the air.-Every pilot and navigator shall observe, and. every person, in charge of an aircraft shall cause to be observed all the rules of the air contained in Part XII, and shall take alt such steps as are practicable to secure that when the aircraft is in flight or is being manceuvred on the land or `water, . the windows~ * wind screens or side screens of the aircraft through whiôh the pilot obtains his view forward `or side ways are maintained in such condition as not to obscure his view. ` PAGENO="0663" AIR LAWS AND TREATIES OF THE WORLD 657 17. Production of licences, etc.-Any licence (other than a licence issued under Part XIII), certificate, log book or document granted or required to be maintained under these rules shall, Ofl: demand for the purpose of inspection, by any magistrate, any police- officer above the rank of constable, any customs officer, any corn-- missioned officer of His Majesty's naval, military or air forces, any non-commissioned officer of the Royal- Air Force, any gazetted officer of the Civil Aviation Department, or any other person authorized~ by the Central Government by special or general order in writing in this behalf, be produced by the licensee or, in the case of an aircraft or of a licensed aerodrome, by the owner, hirer or person in charge thefeof: Provided that any such licence, certificate, log book or docü- ment relating to an aircraft or its personnel which is not by these rules required to be carried in the aircraft shall be produced within- seven days of the making of the demand. 18. Prevention of flights in contravention of the rules- (1) An authority authorized under Section 8 pf the Indian Air-- craft Act, 1934, to detain aircraft may do so by the issue of a written. direction to the pilot or ether person for the time being in charge of the aircraft to be detained, or by taking such other steps as may be necessary to make the detention effective. If an aircraft detain- ed by a person so authorized is housed or kept at a Government aerodrome the housing or picketing charges normally applicable shall be payable in respect of the whole period during which it is. detained.. (2) Any person acting in contravention of any direction given. under this rule shall without prejudice to any other penalty he may incur, be deemed to have acted in contravention of these rules. 19. Cancellation, suspension or endorsement of licences anct certificates- (1) Where any person is convicted of a cOntravention of or failure to comply with these rules in respect of any aircraft the Central Government may cancel or suspend any certificate of registration granted under these rules relating to that aircraft. (2) The Central Government may cancel or suspend any certi-- ficate relating to the airworthiness of an aircraft granted under these rules if it is satisfied that reasonable doubt exists as to the safety of the aircraft in question or of the type to which the~ air- craft in question belongs and may vary the conditions attached to any such certificate if it is satisfied that those conditions may pro- perly be relaxed or that reasonable doubt exists whether those conditions afford a sufficient mar~in of safety. (3) The Central Government may for reasons which shall be- recorded in writing cancel, suspend or endorse any certificate or licence granted under these rules if it is satisfied that there is suffi- cient ground for so doing and may suspend any such certificate or- licence temporarily during the investigation of any matter forming a ground for action under this sub-rule. PAGENO="0664" 658 AIR LAWS AND TREATIES OF THE WORLD (4) The Central Government may cancel or vary any particulars entered by it or under its authority in any licence or certificate granted or in any journey log book issued under these rules. (5) The Central Government may require the holder of any licence, certificate or other document granted or issued under these rules or any person having possession or custody of such licence, certificate or document to surrender the same to him for cancella- tion, suspension, endorsement or variation and any person failing to comply with any such requirement within a reasonable time shall be deemed to have acted in contravention of these rules. * 20. Certain rules not applicable to gliders and kites.- Rules 5, 6, 7, 12, 15, 17, 19 and 25 shall not apply to gliders, and rules 5, 6, .7, 12, 15, 17, 19 and the rules in Part ITI, with the excep- lion of rule 26 in so far as it relates to the dropping of articles irom aircraft, shall not apply to kites. PAGENO="0665" AIR LAWS AND TREATIES OF THE WORLD 659 PART 111.-General Safety Conditions. 21. Dangerous flying.-No person shall fly any aircraft in such~ circumstances as, by reason of low altitude or proximity to persons or dwellings or for other reason, to cause unnecessary danger to any person or property. 22. Flying over cities, etc.-No pilot shall fly any aircraft, and no person in charge Df any aircraft shall allow it to be flown over' any city, town, village site or other populous area except at such altitude, which in no case shall be less than, 1,000 feet, as will enable the aircraft to land outside the city, town, village site or other populous area in the event of an emergency: Provided that this prohibition shall not apply within a distance of one mile from a licensed aerodrome or a Government aerodrome. 23. Acrobatics- (1) No person shall use aircraft for acrobatics- (a) when flying over any city, town, village site or populous area;or (b) when flying over any meeting for public games or sports or other public assembly, except where a request for such flying has been made in writing by the promoters of such meeting or assembly. (2) When an aircraft is used for acrobatics- (a) it shall be flown by a licensed pilot, or, if it is flown by a person for the purpose of qualifying for a licence under these rules, such person shall be accompanied by a licensed pilot instructor; * (b) if passengers are carried, whether the carriage is a public transport or not, their previous consent to the performance of acro- batics shall be obtained in writing; (c) the pilot or person in charge of the aircraft shall satisfy himself before commencing the flight that every person carried in~ the aircraft is properly secured by safety belts; and (d) the acrobatics shall be concluded at a height above the* ground not less than 2,000 feet, or such lower altitude as the Central Government may permit by special order in writing. 24. Prohibition of intoxicated persons entering aircraft.-No person acting as, or carried in an aircraft for the purpose of acting as, pilot, commander, navigator, engineer or other operating member of the crew thereof, shall have taken or used any alcoholic drink,. sedative, narcotic or stimulant drug or preparation within 12 hours. of the commencement of the flight or take or use any such pre- paration in the course of the flight, and no such person shall, while so acting or carried, be in a state of intoxication or in a state in which, by reason of his having taken any alcoholic, sedative,. narcotic or stimulant drug or preparation his capacity ~o to act is~ impaired, and no other person while in a state of intoxication shall enter or be in an aircraft. 24A. Carriage of persons suffering from mental disorders Or epilepsy in aircraft.-No person shall knowingly carry or permit to be carried, or connive at the carriage of, a person suffering from any - mental disorder or epilepsy in any aircraft PAGENO="0666" 660 AIR LAWS AND TREATIES OF THE WORLD Provided that this prohibition shall not apply if the person to be ~carried is certified by a registered medical practitioner to be fit to travel by air without being a rislç to other passengers or to the air- ~craft, and in addition: (a) has not taken or used any alcoholic drink or preparation within twelve hours of the commencement. of the flight; (b) is kept under proper sedative, if in a state of excitement, during the flight and stops en route; and (c) is accompanied by an attendant, provided that in case he has been in a state of excitement requiring sedation within the two weeks preceding the date of commencement of the flight he shall be accompanied by a registered medical practitioner and adequate escort who shall individually and collectively be responsible for ensuring that no alcoholic drink or prepa- ration is taken by the person in their charge arid that such person is kept suitably sedated during the flight and stops en route. 24-B. Carriage of prisoners in aircraft.-No prisoner shall be -taken aboard or carried on an aircraft except under and in~ accor- dance with a permit in writing issued by the Director General in this behalf, and subject to such conditions, if any, as he may specify in the permit. Explanation.-The term "prisoner" means a person who is con- fined in any prison .and includes a person who is arrested under any law, for the time being in force. 25. Smoking in aircraft.-(l) The owner of every aircraft regis- ed in India which is provided with a certificate of airworthiness shall cause to be exhibited in a prominent place in the aircraft a notice stating where and to what extent smoking is prohibited or permit- ted therein. (2) A notice permitting smoking in such aircraft may be ex- hibited therein only if smoking in the aircraft is permitted by the certifit~ate of airWorthiness of the aircraft or by the direction of The Central Government and only in* accordance with the condi- tions relating to smoking contained in such certificate or direction. (3) No person shall smoke in any aircraft registered. in India which is provided with a certificate of airworthiness unless a notice permitting smoking is exhibited in the aircraft, and any person smoking shall comply with all the terms of such notice. 25A. Fuelling of aircraft.-(l) No aircraft shall fill or replenish its fuel tanks from vehicles or vessels carrying petroleum i~i bulk unless from specially constructed tank vehicles of a type approved by the Chief Inspector of Explosives in India for this purpose or `from barges licensed under the Petroleum Rules, 1937. (2) Before the commencement of refuelling, \the aircraft, its fuel tanks and all metallic parts, of the fuel dispensing apparatus shall be electrically coflnected and efficiently earthed. PAGENO="0667" AIR LAWS AND TREATIES OF THE WORLD 661 (3) No smoking and no fire or other source of heat or light .capable of igniting inflammable vapour shall be permitted within 100 feet of any aircraft while it is being or is about to be fuelled. (4) All aircraft engines within the distance specified in sub- rule (3) shall be stopped so long as fuelling is in progress. (5) No electric motor shall be used inside an aircraft during refuelling. (6) During the fuelling of aircraft used for the conveyance of passengers, the passengers may be permitted to remain in the cabin ~of the machine, provided that- (i) there is no smoking in the aircraft; (ii) an employee of the operator is stationed in the entrance to the passenger cabin and remains alert for any emergency until refuelling is completed; and (iii) in the case of seaplanes a suitable boat is kept alongside to disembark the passengers in an emer~gency. (7) Fuel tanks shall not be allowed to overflow except through ~special pipes incorporated *in the system, which will prevent the fuel from running on to the aircraft surface, the ground or the water. (8) All engine fuel cocks shall be closed while refuelling. (9) Except as provideft in this sub-rule all electric switches in the aircraft shall remain in the "off" position during the operation of refuelling and all electric circuits other than those required or permitted to be in operation by this sub-rule shall be controlled by a master-switch or switches which shall be in the "off" position. `The following electric switches may be operated or left in the "on" position as the case `may require provided that the electric circuits involved are separate from all other electric circuits in the aircraft and that the switches and lights in operation are enclosed in gas- proof covers (i) Electric switches controlling the riding lights of seaplanes or any other lights required by law to be exhibited on the aircraft ~hile on the surface of the water, shall be left in the "on'~ position. (ii) Electric switches controlling interior lights in the aircraft which are necessary for safety may be. left in the "on" position as (iii) Electric switches controlling petrol gauges which it Is ~essential to operate may be operated or left ih the "on" position as may be required by the particular installation. 25B. Housing of aircraft.-(l~ No aircraft containing dangerous petroleum in bulk in any of its tanks may be housed in a hangar unless such hangar is constructed of uninfiammable material and is ~effective1y and safely ventilated to the open air. (2) Every such hangar shall be in charge of a competent person who shall be responsible for taking all proper precautions against fire and shall prevent unauthorized persons from having access to the building. 26. Parachute descents and dropping of articles.-No person shall, except in a case of emergency, descend by means of a para- ~chute from an aircraft and no person shall drop or cause or permit PAGENO="0668" 662 AIR LAWS AND TREATIES OF THE WORLD to be dropped from an aircraft any article, whether attached to a parachute or not, unless the descent is made or the article is drop-~ ped in accordance with and subject to any conditions or limitations contained in a general or special order of the Central Government in writing in that behalf: Provided that nothing in this rule shall be deemed to prevent the dropping of- (a) ballast which is not `prohibited by the provisions of rule 130; (b) message bags, smoke producing or other apparatus or mate- rials dropped for the purpose of navigating an aircraft or communi-~ cating messages from an aircraft, subject to the observance of such precautions as to the nature of the articles dropped and the place * of dropping as will avoid risk of injuring persons or property on the ground; (c) separate sheets of paper containing printed matter in any place if the written permission of the District Magistrate or, in a Presidency town, of the Commissioner of Police is first obtained in each case. * 27. Carriage of persons in unauthorized parts of aircraft.-No person shall at any time be carried on the wings or undercarriage of the aircraft, or on or in any other part thereof which is not de- signed for the accommodation of the personnel or passengers, or on. or in anything attached externally to the aircraft: Provided that-- (a) nothing in this rule shall prevent a person having tempo- rary access- (i) to `any part of the aircraft for, the purpose of executing repairs to the aircraft or adjusting the machinery, or equipment thereof or for the purpose of doing anything which may be necessary for the safety of the aircraft or persons or goods carried therein; or (ii) to any part of the aircraft in which goods or stores are be- ing carried and to which proper means of access is provided; and. (b) ~a person may be carried on or in any part of the aircraft,. or anything attached thereto, with the permission in writing of the Central Government and subject to any conditions which may be specified in such permission. 28. Prohibition on persons under seventeen having sole control of aircraft.-No person, being under seventeen years of age, shall have sole control of an aircraft in motion, and no person shall cause or permit any other person to have sole control of an aircraft in motion unless he knows or has reasonable cause~ to believe such other person to have attained the age of seventeen years. * 29. Acts likely to imperil the safety of aircraft.-No person shall interfere with the pilot or with a member of the operating crew of an aircraft, or tamper with the aircraft or its equipment or conduct himself in a disorderly manner in an aircraft or commit any act likely to imperil the safety of an aircraft or its passengers or crew. PAGENO="0669" AIR LAWS AND TREATIES OF THE WORLD 663 PART IV.-Registratiou and Marking of Aircraft. 30. Certificate of Registration- (1) The authority empowered to register aircraft and to grant certificates of registration in India shall be the Central Government (2) An aircraft may be registered in India in one or other of the following categories, namely :- (a) Category A.-If the aircraft is wholly owned either- (i) by British Subjects or persons under. His Majesty's protec- tion, or (ii) by a company or corporation regist~red within and having its principal place of business within His Majesty's dominions; and (b) Cafe gory B -If the aircraft is wholly owned either- (i) by persons, resident in or carrying on business in India,. who are not British Subjects nor persons under His Maj~sty s protection, or (ii) by a company or corporation registered elsewhere than within His Majesty's dominions and carrying on business in India. (3) No aircraft in respect of which the conditions required in sub-rule (2) are not satisfied, and no aircraft which is already validly registered in another country, shall be registered in India. 31. Nature of application- (1) Every application for a certificate of registration shall 1~. accompained by- (a) such particulars relating to the aircraft as may be requir- ed; (b) the fee prescribed in rule 35, which fee shall be returned if the application is not granted; . (c) in the case of aircraft imported by air, a certificate signed by a Chief Customs Officer or Customs Collector that the customs duty leviabie in respect of it has been paid. Such certificate shall state the type and manufacturer's number of the aircraft and engine, and if the aircraft has been registered elsewhere, its registration markings. (2) An applicant for a certificate of registration may be requir- ed to produce proof of the truth of the statements contained in his application. 32. Aircraft imported by air.-When an application is made for the registration of an aircraft before its import into India for the purpose of the import of the aircraft by air, a temporary certificate of registration will, subject to the conditions of sub-rule (3) of rule 30; be granted by the Central Government on the owner of the air- craft complying with clauses (a) and (b) of sub-rule (1) of rule 31'. Such temporary certificate shall be valid oniy until the first landing of the aircraft at a customs aerodrome in India, when the certificate shall be delivered by the pilot or other person in charge to the local Aerodrome Officer. Thereafter, on production by or on behalf of the PAGENO="0670" 664 AIR LAWS AND TREATIES OF THE WORLD owner of the aircraft of the certificate mentioned in clause (c) of sub-rule (1) of rule 31, the certificate of registration shall be grant- ed by the Central Government: Provided that, if an aircraft in respect of which a temporary certificate of registration has been issued is imported~ otherwise than by air, such temporary certificate shall cease to be valid on the date of import of the aircraft, and the temporary certificate shall forthwith be delivered by the owner to the Director-General of Civil Aviation in India, and thereafter the certificate of registration shall be granted by the Central Government. 33. Change in ownership.-In the event of any change in the ownership of a registered aircraft, or if a registered aircraft ceases to be owned wholly either by persons or by a company or corpora- tion fulfilling the conditions set out in rule 30, then- (1) the registered owner of the aircraft shall forthwith notify the Director-General of Civil Aviation in India of such change of ownership or, as the case may be, that the aircraft has ceased to be so owned as aforesaid; and (2) the registration and the certificate thereof shall lapse as from the date of such change of ownership, or -the date on which the aircraft ceased to be so owned. 34. Aircraft destroyed or withdrawn from use.-When a register- ed aircraft has been destroyed or permanently withdrawn from use, the registered owner shall as soon as possible notify the Director-General of Civil Aviation in India accordingly, and the registration and the certificate thereof shall not lapse, unless and until it is cancelled by the Director-General of Civil Aviation in India. 35. Registration fees.-A fee of twenty rupees shall be payable *in respect of a certificate of registration: Provided that, where the aircraft has been previously register- ed in India and the Central Government is satisfied- (a) that the certificate of registration last issued in respect of the aircraft has lapsed by reason of the sale of the aircraft by the registered owner; (b) that the registered Owner of the aircraft immediately before the sale was the constructor thereof or a dealer in aircraft; and (c) that, the aircraft has not been flown since a certificate of registration was last issued in respect thereof, except for the pur- pose of- (i) an experiment or test carried out in the ordinary course of construction or in order to obtain a certificate of airworthiness; or - - (ii) a demonstration to a prospective purchaser; or (iii) delivering the aircraft to a purchaser; a fee of four rupees only shall be payable. 36. Register of aircraft.-The register of aircraft registered in India shall be open to inspection by meml~ers of the public at such PAGENO="0671" AIR LAWS AND TREATIES OF THE WORLD 665 times and subject to such conditions as may be specified by the Director-General of Civil Aviation in India. 37. Nationality and Registration Marks, how to be affixed- (1) The nationality mark of an aircraft registered in India shall be the letters VT and the registration mark shall be a group of three letters assigned by the Central Government. (2) The nationality and registration marks shall be painted on the aircraft in the following manner (a) Aerostats.-In the case of airships the marks shall be paint- ed near the maximum cross-section so as to appear on both sides and on the upper surface equidistant from the letters on the sides. In the case of balloons the marks shall appear twice near the maximum horizontal circumference of a spherical balloon and shall be placed as far as possible from one another and, on a non- spherical balloon, near the maximum cross-section on both sides immediately above the rigging band on the points of attachment of the basket suspension cables. In the case of all aerostats, the side marks shall be visible both from the sides and from the ground. (b) Aeroplanes.-The marks shall be painted once on the lower surface of the main plane structure and once on the upper surface of the main plane structure, the top of the letters to be towards the leading edge. They shall also be painted along each side of the fuselage or of the body between the main planes and the tail planes. (c) Other aerodynes.-The provisions of clause (b) shall be applicable to other aerodynes in so far as the latter comprise corres- ponding elements on which marks could be placed. (3) The marks shall be. of such a colour in relation to the colour of the background on which they are painted as will render them clearly legible at a distance of not less than 250 yards in a clear atmosphere. (4) The height of the letters of the nationality and registration marks need not exceed eight feet. Subject as aforesaid, the height of the marks shall be as follows :- (a) Aerostats.-In the case of airships the height of the marks shall be equal to at least one-twelfth of the perimeter of the air- ship at the maximum cross-section. In the case of balloons the height of the marks shall be equal to at least one-fifteenth of the maximum horizontal circumference of a spherical balloon and to at least one-twelfth of the perimeter of a non-spheric~al balloon at the maximum cross-section. (b) Aeroplanes.-The marks to be borne on the wings and the fuselage or body shall, as regards each group of marks, be formed of letters of equal height, as large as possible without however touching the visible outline of the wings, fuselage or body. PAGENO="0672" 666 AIR LAWS AND TREATIES OF THE WORLD (c). Gyroplanes.-The marks to be. borne on the fuselage or body shall, as regards each group of marks,, be fOrmed of. `letters of equal height, as large as possible without however touching the Visible: ~out1ine of, the fuselage ~r body., (d) Other aerodynes.-The provision of clause (b) shall be applicable to other aerodynes in so `far, as the `latter comprise corresponding elements on which marks could be placed. (5) A hyphen `shall be painted between the nationalify mark and the registration mark. , ` (6) (a) The letters shall be' capital letters in Roman ëharacters without ornamentation. . (b) The width of each letter and the' length of the. hyphen shall be two-thirds of the height*of the letters, and the thickness of the lines forming the letters `and the `hyphen shall be one-sixth of the. height. ` ` . (c) As nearly as the constructional features of the aircraft admit, each letter shall be separated from the `letter' which immediately precedes or follows it (the hyphen for this purpose being regarded as, a letter) by a space equal to half the width of the individual letters. , (d) In order to ,render the marks clearly, legible the lines form- ing the letters and the hyphen shall be sOlid and of, a uniform colour contrasting clearly with the.' background on which they are, placed. (7) The nationality and `registration marks shall be displayed `to the ,best possible advantage, taking into consideration the con- structional features. of the aircraft. The marks shall always be kept clean' and visible. `` ` ` (8) The aircraft shall carry affixed to the car or basket or to the fuselage, in a prominent position, a metal plate which shall be of~ stainless steel and `shall be inscribed with the names and resi- `dence of the owner and the marks of nationality ,and registration. PAGENO="0673" AIR LAWS AND TREATIES OF THE WORLD 667 PART V.-Personnel of Aircraft. 38. Personnel to be carried in flying machines-Subject to the provisions of rule 6, every flying machine registered in India shall comply with such of the following requirements in respect of the personnel which it carries and by which it is operated as are appli- cable to the class of flying .machine to which it belongs :- (1) Private pilot.-Every private flying machine shall be flown by a person holding a Private Pilot's licence ("A" licence) or a Public Transport Pilot's licence ("B" licence) issued in accordance with sub-rules (1) and (3) respectively of rule 41: Provided that a flying machine, which is carrying a passenger or passengers other than a person licensed to give instruction in flying in accordance with sub-rule (3) of this rule, may not be flown by a person holding only a Private Pilot's licence ("A" licence) un- less he has had not less than 25 hours' solo flying experience, has a certificate from a licensed pilot instructor that he is considered sufficiently qualified for the purpose and has pr~viously flown a flying machine of the same type and has satisfactorily completed three landings and three tak&~offs therein. (2) Public transport or aerial work pilot.-Every public trans- port or aerial work flying machine shall be flown by a person hold- ing a Public Transport Pilot's licence ("B" licence) issued in *accordance with sub-rule (3) of rule 41: Provided that within India, such flying machine, when flying~ by day and when not employed on a scheduled air transport service, may be flown by a person holding an "A" licence which has been specially endorsed in accordance with sub-rule (2) of rule 41 ("A-i" licence): Provided further that a flying machine, the property of or be- ing used by a duly constituted flying club, carrying a member of the club otherwise than for the purpose of instructing such member in flying shall not, for the purpose of this rule, be deemed to be * flown for public transport notwithstanding that payment may be made to the flying club for such carriage, unless payment is made either directly or indirectly to the pilot of the flying machine or the pilot of the flying machine is a paid employee of the flying club in which case the aircraft shall be deemed to be flown for public transport. (3) Pilot instructor.-Every flying machine which is being used for the purpose of giving instruction in piloting shall carry, except when flown solo by a pupil under instruction, a person holding a "B" licence which has been specially endorsed for instructional purposes in accordance with sub-rule (4) of rule 41, and no other person may impart, for a remuneration of any nature whatsoevet, instruction in piloting flying machines: Provided that the holder of a "B" licence which has not been so endorsed may, when acting as assistant to a licensed pilot instructor, impart such instruction but shall in no case authorize a person under instruction to perform his first solo flight nor give instruction in any form of acrobatics. 67717 O-61----43 PAGENO="0674" 668 AIR LAWS AND TREATIES OF THE WORLD Explanation.-A person acting as assistant to a licensed pilot instructor shall not be deemed to have ceased to be so acting by reason only of the absence of the pilot instructor, if such absence does not exceed seven consecutive days, but where such absence exceeds seven consecutive days, he shall not continue so to act with~ out a written authorization from the Central Government. (4) Navigator.-_(a) Every flying machine used for interna.. tional public transport and having to fly withOul landing- (i) by day, more than 100 miles, or (ii) by night, more than 15 miles, shall have on board as navigator a person holding a navigator's licence. (b) The navigator must hold a first class licence if the flying machine has to fly without landing- (i) by day more than 600 miles, entirely over the high seas or elsewhere than over recognized routes; or (ii) by night, more than 600 miles. (5) Pilot or other member of crew as Navigator- (a) The duties of navigator may be performed by the pilot if he holds a navigator's licence save when the itinerary flown by night does not follow a recognized route : - Provided that when the presence of a navigator holding a first class licence is compulsory the pilot may not perform the duties of such navigator unless a second pilot is on board who can in case of need take charge of the handling of the aircraft. (b) When there is on board the flying machine a member of the crew, other than the pilot, who holds the necessary navigator's licence, he may perform the duties of a navigator. (6) In sub-rules (4) and (5) of this rule- (i) "night" means the period commencing one hour.: after sunset and terminating one hour before sunrise; (ii) "flight over the high seas" means a flight in the course of which an aircraft finds itself over the sea at a distance of more than 50 miles from the nearest point of the coast; and (iii) "recognized route" means a route which has been recog- nized by the Director-General of Civil Aviation in India as being* suitably marked, or adequately provided with wireless facilities, with a view to assist navigation. (7) Radio-Telegraph Operator's Licence.-An aircraft which is required by these rules to carry radio-telegraph apparatus shall carry, in addition to the pilot and whether or not it participates in the international service of public correspondence, a person holding either a first class or a second class radio-telegraph operator's licence issued in accordance with this Part to operate radiO-telegraph apparatus on aircraft. (8) Radio-Telephone Operator.-An aircraft which is required by these rules to carry radio-telegraph apparatus and which com- municates by radio-telephony, shall carry a pëi~son holding a first class radio-telegraph operator's licence: PAGENO="0675" AIR LAWS AND TREATIES OF THE WORLD 669 Provided that an aircraft which carries radio-telephone appara~ tus and which communicates solely by radio-telephony, may carry, instead of a person holding a first class radio-telegraph operator's licence, a radio-telephone operator licensed in accordance with this Part to operate radio-telephone apparatus on aircraft. 39. Licensing authority.-The authority by which the licences referred to in rule 38 may be granted, renewed or varied shall be the Central Government which may withhold the grant or renewal of a licence if for any reason it considers it desirable to do so. 39A. Disqualification from holding or obtaining a licence- (1) Where the licensing, authority is satisfied, after giving him an opportunity of being heard, that any person- (a) is a habitual criminal or is habitually intemperate in the use of alcohol, or is an addict of narcotics, drugs, etc., or (b) is using, has used or is about to use an aircraft in the com- mission of a cognizable offence or in contravention of these rules, or (c) has, by his previous conduct as member of the crew of an aircraft, shown that he is irresponsible or is likely to endanger the safety of the aircraft or any, person or thing carried therein, or of other aircraft or of persons or things on the ground, the licensing authority may, for reasons to be recorded in writing, make an order disqualifying that person for a specified period from holding or obtaining a licence. (2) Upon the issue of any order under sub-rule (1), the person affected, if he is the holder of a licence, shall forthwith surrender his licence to the licensing authority, if the licence has not already been surrendered, and the licensing authority shall keep it until the disqualification has expired or has been removed. 39 B. Medical requirements.-(l) On and from the 1st April, 1956, no licence required for any of the personnel of an aircraft re- ferred to in rule 38, shall be issued, nor shall any such licence issued after the said date be renewed, unless the applicant satisfies the medical standards laid down in Chapter VT-Medical Requirements- of Annex 1' to the Convention on International Civil, Aviation. (2) Any such licence issued before the date aforesaid may be renewed after that date even `if the holder of the licence does not satisfy the medical standards referred to in sub-rule (1) but any licence so renewed shall not be valid for international flights. 40. Signature of licence holder.-On the issue of a licence to an applicant he shall forthwith sign his name on the licence as the holder thereof with his ordinary signatureS 41. Proofs of competency.-Applicants for licences shall be required to produce proof of having the foIlov.~ing practical experi- ence and of having passed satisfactorily the following tests and examinations :- (1) Private Pilot's Licence ("A" licence)._Flying Experience, Flying Tests, Technical Examination and Medical Examination as laid down in Section A of Schedule II: PAGENO="0676" 670 AIR LAWS AND TREATIES OF THE WORLD Provided that for the purpose, of the grant, of such licence- (a) a person who is qualified as' a pilot in the R.A.F. or the LA.F. and who produces evidence to show that he possesses' the required flying experience, may be exempted from the flying tests, and on production of a certificate from a Medical Officer of the R.A.F. or the I.A.F. that he is fit for flying duties and is up to the standard required for an "A" licence, from the medical examination also; ` (b) a person to whom a licence of a corresponding or higher class has been granted by the competent authority in a contracting State may be exempted from `all or ~ny of the flying tests and from subjects (a) and (b) of the technical examination, and"may, if he is the holder of a current. licence, be exempted from the `medical examination; (c) a licence may be issued for all types of flying machines or endorsed for one or more types only. (2) Pilot's licence endorsed for limited transport of goods and passengers within India (`A-i" licence).-Flying Experience, Flying Tests, Technical Examination and Medical Examination as laid down in Section B of Schedule II: Provided that for the purpose of the grant of such licence- (a) a person who is qualified as a pilot in the R.A.F. or the I.A.F. and who produces evidence to show that he possesses the required flying experience, may be exempted from the flying tests and from the tec~rnical examination in Elementary Navigation and Elementary Meteorology specified in clause (e~ of sub-paragraph (I) of paragraph 3 of Section B of Schedule II; and a certificate from a R.A.F.' or I.A.F. Medical Officer that he is fit for full flying duties and is up to the, standard required for an "A-i" licence may be' accepted in lieu of the medical examination; (b) the requirements in respect of flying experience may be varied by the Central Government in a case where the fiiing ex- perience of the applicant is in the opinion of the Central Govern- ment substantially the equivalent of the flying experience specifi- ed in Section B of Schedule II; (c) such licence shall he endorsed for such types of flying machine only as the candidate has produced proof of his competence to fly. (3) Public Transport Pilot's ("B" licence).-Flying Experience, Flying Tests, Technical Examination and Medical Examination as laid down in SectiOn C of Schedule II: Provided that for the purpose of the grant of such licence- (a) a person who is qualified as a pilot in the R.A.F. or the I.A.F. and who produces evidence to `show that he possesses the required flying experience, may be exempted from the flying tests laid down in sub-paragraphs (1) and (2) of paragraph 2 of Section C to Schedule II and from the technical examinations in `Elementary Navigation' and `Elementary Meteorology' specified in clauses (d) and (g) of sub-paragraph (1) "of paragraph 3 `of Section C of Schedule II; and a certificate from a R.A.F. or I.A.F. Medical PAGENO="0677" AIR LAWS AND TREATIES~ OF THE WORLD 671 Officer that he is fit for full flying duties and is up to the standard required for a* "B". licence may be accepted in lieu of the medical examination; * (b) a person to whom a licence of a corresponding class has been granted by the competent authority in a Contracting State may be exempted from all or any of the flying tests and from sub- jects (a) to (e) and (g) of the technical examination, and may. if he is the holder of a current licence, be exempted from the medical examination, provided that his flying experience is not less than the flying experience laid down in Section C of Schedule II in res- pect of a Pilot's `B' Licence; (c) the requirements in respect of flying experience may be varied by the Central Government in a case where in its opinion the flying experience of the applicant is substantially the eq'utvalent o that specified in Section . C qf Schedule II; (d) such licence shall be issued for such types of flying machine only as the candidate has produced proof of his competence to fly, provided that for industrial purposes, other than public transport, a licence may be issued for any or all types of flying machines. (4) Public Transport Pilot's Licence endorsed for instructional purposes (Pilot Instructor's Licence).-Flying Experience, Flying Tests, Technical Examination and Medical Examination as laid down in Section D of Schedule II. (5) Navigator's Licence, 1st c1~~iss and 2nd class.-Flying experi- ence, Technical Examination and Medical examination as laid down in Section E of Schedule II: Provided that for the purpose of the grant of such licences a person to whom a licence of ~ corresponding class has been granted by the competent authority in a Contracting State may be exempted from the technical examination and may, if he is the holder of a current licence, be exempted from the medical examination. (6) Radio-Telegraph Operator's Licences- (a) First Class Licence- Flying Experience and Medical Examination.-As laid down in Section F of Schedule II. Technical qualiflcation.-The candidate must be the holder of a first class certificate of competency as a wireless operator issued by the Director-General of Posts and Telegraphs, India, or of such other certificate of proficiency as a wireless operator as may be accepted by the Director-General of Posts arid Telegraphs, India, in lieu thereof. (b) Second Class Licence- Flying Experience and Medical Examination.-AS laid down in Section F of Schedule II. Technical qualiflcations.-The candidate must be the holder of a second class certificate of competency as a wireless operator issued by the Director-General of Posts and Telegraphs; India, or of such other certificate of proficiency as a wireless operator as may be accepted by the Director-General of Posts and Telegraphs, India, in lieu thereof. PAGENO="0678" 672 AIR LAWS AND TREATIES OF THE WORLD (c) Radio Telephone' Operator's Licence-. - - Flying Experience and Medical Examination,-_As laid down in Section F of Schedule II. Technical qualifications._~~~ candidate must be the holder of a certificate of proficiency as radio_telephone operator issued by the Director-General of Posts and Telegraphs, India which has been specially endorsed for air operations or of such other certi- ficate of proficiency as a radio-telephone operator as may be accepted by the Director-General of Posts and Telegraphs, India, in lieu thereof: Provided that a candidate for a radio-telegraph operator's licence who has not had the required air experience may be grant- ed a provisional licence for a period not exceeding one year in order to~ enable him to acquire the necessary air experience. 42. Periods of validity of ilcences-. (1) The licences may be granted, and on each occasion of re- newal may be renewed, for any period not exceeding the periods shown below (a) Pilot's "A" Licence.-Twelve months. (b) Pilot's "A-i" Licence. (c) Pilot's "B" Licence. ~. Six months. (d) Pilot Instructor's Licence. J (e) Navigator's Licence.-Twelve months. (f) Radio-Telegraph Operaitor's Licence.-~-Twenty-four months~ (2) The holder of a licence shall, in any one of the following circumstances, be required to undergo a fresh medical examination, wholly or in part, and to produce a certificate of medical fitness as a condition of the licence, remaining valid, namely (i) in the event of sickness involving incapacity for a period of twenty days or more, for the work for which he is licensed; or (ii) in the event of an accident occurring otherwise than during the performance of such work and involving the same incapacity; or (iii) in the event of an accident occurring during the perfor- mance of such work and involving injury. 42A. Pilot not to fly for more than 125 hours during any period of 30 consecutive days.-No pilot of a flying machine shall, in his capacity as such pilot, fly for more than 125 hours during any period of 30 consecutive days: Provided that without prejudice to the provisions of rule 160, the Director-General of Civil Aviation may, subject to such con- ditions and limitations as he may specify, by order in writing, exempt any such pilot from the provision of this rule. Explanation.-For the purposes of this rule, the flying `time of a pilot either as solo pilot or pilot in command of `an aircraft will be counted fully and the flying time of a pilot engaged as co-pilot or supernumeraiy pilot will `be counted at 80 per cent. of the flight time. PAGENO="0679" AIR LAWS AND TREATIES OF THE WORLD 673 43. Reflewal of licences.-LicenceS may be renewed for the periods speeifled in rule 42 on production of proof of recent flying experience and after the passing of the medical examination as laid down in Schedule II: Provided that in the case of a member of the operating crew of an aircraft engaged in public transport or ae~rial work, who is on. duty in a region distant from official medical centres, the medical examination may exceptionally ~at the discretion of the Central Government be deferred for two consecutive periods of three months each on condition that such member obtains locally in each, case and forwards to the Director-General of Civil Aviation in India a favourable medical certificate fUrnished by a medical practitioner who possesses qualifications entitling him to inclusion in the Medi- cal Register of~ Great Britaiii: Provided further that1the holder of any licence may be requir-~ ed before the renewal of the licence to satisfy all or my of the requirements which are applicable on the first grant of a licence of the same class Provided further that in the case of a pilot's licence the Central Government may, when~ renewing the licence, restrict the types of aircraft for which the licence is endorsed to those on which it is~ satisfied that the holder of the licence has had recent reasonable flying experience. 44. Aircraft not registered in India.-An aircraft not registered in India shall carry the personnel prescribed by the laws of the State in which it is registered and such personnel shall be licensed in accordance with the laws of the State. 45. Validation of foreign licenees.-When a licence has been granted by the duly competent authority in* any part of His. Majesty's dominions outside India or in any foreign State and is for the time being in force the Central Government may, subject to such conditions and limitations and for such periods as it. shall think fit, confer on such licence the same validity for the purpose of flying aircraft re~.istered in India as if it had been granted under these rules and a licence so validated shall be subject to the provi- sions of rule 19. 46. Deleted. 47. Age of applicants.-Licences shall not be granted to appli- cants who at the time of qualification do not comply with the following conditions (a) An applicant for a Pilot's "A" Licence shall have attained the. age of 17 years. (b) An applicant for a Pilot's "A-i" Licence or for a Pilot's "B" Licence shall have attained the age of 19 years iñd shall not be more than 45 years of age. (c) An applicant for a Navigator's Licence shall have attained the age of 19 years and shall not be more than 50 years of age. (d) An applicant for a Radio-Telegraph Operator's Licence shall have attained the age of 19 years: Provided that, at the discretion of the Central Government, a relaxation may be made aS regards the upper age-limit- PAGENO="0680" 674 AIR LAWS AND TREATIES OF THE WORLD (i) in the case of an applicant for a Pi1~t's "A-1"~ Licende or ~or a Pilot's "B" Licence, if before the date of his application he has been in service as pilot of a State flying machine, or (ii) in the case of an applicant for a navigator's licence, if up to the date of his application he has been in service as an operative member of the crew of an aircraft. 48. Fees.-(1) The following fees shall be payable in respect of the issue, validation or renewal of licences or the issue of düp1i~ate licences and the tests and examinations laid down in rules 41 to 43:- Oz~nciM. MEDICAL. EXAMINATIoN. Flying ~-----~---------~--- - Test. ~ .~ For renewal of ~j For issue licence or if ~ 2 of required und- ~ ~ ~. licence. er sub-rule (2) ~ _______________________________ o of rule 42. ~, Rs. R~ . Rs. RI. Pilot's "A" Licence . . . . * 5 j5 5 Pilot's "A-I" Licence . . . . 20 32 i6 5 Pilot's "B" Licence . . . 30 32 i6 5 Pilot Instructor's Licence * . . * i~ 32 i6 5 Na vigator's Licence, 1st Class . * ... 75 32 16 Navigator's Licence, 2nd Class . .... 30 32 i6 5 Wireless Operator's Licence . . ... ... 16 8 5 (2) An application for any licence or for the renewal or valida- tion of any licence shall be accompanied by a Treasury receipt for the sum necessary to cover all the fees payable, except the fees for the official medical examination and the fees for the official examiner for a flying test if not a Government servant which shall be payable direct to the examiner. (3) When in any case the licence is not issued or renewed or validated, the Central Government may refund to the* applicant such proportion of the sum paid as represents the cost of any examination not carried out or any licence not issued. * For all flying tests the candidate shall be required to provide the aircraft and pay all charges incurred thereby, and in addition he shall pay, when an official examiner is carried on board during the flying test, a fee at the rate of Rs. 10 for each hour or part of an hour so flown. Provided that an applicant for the issue or renewal of a Pilot's "A-i" or Pilot's "B" Licence who is required to undergo some part only of the technical examination shall pay a fee of Rs. so in respect of each group of subjects as shown in Schedule II in which he is examined, and an applicant for the variation of such a licence by the addition of a type of aircraft not already endorsed on the licence shall, if required to be examined on that type of aircraft, pay a fee of Rs. 5: Provided further that in any other case when an applicant is required to undergo some j,art only of the technical examination, the fee may be reduced by such amounts as the Central overnment may think proper in the circumstances of the case. PAGENO="0681" AIR LAWS AND TREATIES OF THE WORLD 675 ~PART V-~r~iorthinc~ss. 49 Standard of airworthiness -A certificate of airworthiness may be issued by the Central Government in respect of any flying machine which complies with minimum standards of airworthrness presoribed in the United Kingdom in respect of design, materials7 methods of construction and `equipment, and the owner. of* a fiyiiiig machine in respect of which a certificate of airworthiness is requir- ed by these rules, or is applied for or issued, shall submit such evidence relating thereto and shall submit to such inspection and tests of' the . flying machine . as may be' required by~ the Central Government : ` . .~ ` ` ` . .` ProvIded that the Central~ Government may; in respect of any flying machine or class of flying machines, from time to time pre- scribe modificatibiis of the~ standard and `such `m~difi'ed `standard shall be `complied with as a condition of the issue `or remaining in force of a certificate of airworthiness in respect `of .the flying machine or class of flying machines.. . 50. Acceptance of foreign standards.-The Central Government may, in. respect of any flying machine, accept as evidence' of com- pliance with the conditions of rule 49 a valid certificate of air- worthiness issued by the competent' authorities in any: other part of His Majesty's dominions' or' "in'. any foreign country, provided it is shown to its satisfaction that the conditions on which such. certi- ficate of airworthiness w,as granted are substantially equivalent t& the conditions on which a certificate of airworthiness is granted by His' Majesty's `Government in the United Kingdom. 51. Categories and sub-divisions.-A certificate of airworthiness may be issued in respect of one or mor~ of the `categories and. sub- divisions of flying machines specified in Section A of Schedule III and the operations of the .fiying machine shell be restricted to those authorized for the categories ,to wh'ich the certificate of airworthi- ness extends. ` 52. Instruments and e~qu~ipment-.-mininium.-A certificate of airworthiness shall not be granted in respect of any flying machine, which is not equipped with the following instruments and equip- ment, which shall be in working order, namely : - Air speed indicator. `Altimeter. Revolution indicator. , ` ` ` Such gauges as may be considered necessary by the Central Government for the particular installation. For acrobatic category.-Safety harness, for the pilot. For normal category.-Safety belt or safety harness for the pilot. Indicator of position of' landir~g wheels (In amphibian flying machine and in flying machines fitted- with a retractable under- carriage). PAGENO="0682" 676 AIR LAWS AND TREATIES OF THE WORLD 53. Lnstnnnen~ts and equipment for ifight-Every fl~ying machin~e which is required by these rules to be provided with a certificate of airworthiness shall, when flying be fitted or equipped with the instruments and equipment specified in Section B of Sche- dule III according to the circumstances of the flight. The instru- ments and equipment shall be of types approvea by the Central Government, they shall be installed in a manner approved by it and shall be maintained in working order. 54. Weight.-Every flying machine which is required by these rules to be certified as airworthy shall be weighed and marked in accordance with the provisions of Section C of Schedule III. 55. Period of validity of certificates of alrworthiness.-A certi- ficate of airworthiness shall be valid for a period of one year from the date on which the flying machine was passed for the issue of the certifi~ate: Provided that, in the case of damage to the flying machine such as renders it unsafe for flight, or of failure to carry out the inspec- tion prescribed in these rules, or of failure to carry out any com- pulsory modification directed by the Central Government, or of incorporation of any modification which has not been approved by the Central Government, the certificate shall cease to be valid until the flying machine has been repaired or modified as the case may be and inspected and certified as required by these rules. 56. Renewal of certificates of airworthLness.-The Central Government may renew any certificate of airworthiness for such further period (not exceeding one year at a time) as it may think fit, and may for this purpose require the flying machine to be overhaul- ed, inspected and certified in accordance with rule 57, and in addition may require the flying machine to be inspected by a person autho- rized in this behalf by the Central Government or tested in flight, or to be so inspected and so tested, and the owner of the aircraft shall give all necessary facilities for such inspection and test. 57. Periodical overhaul.-Every flying machine required by these rules to be provided with a certificate of airworthiness, and every engine of such flying machine shall be periodically overhaul- ed and after every such overhaul, and after the completion of any repairs to or modification of the flying machine or engine, the flying machine shall be inspected and certificed in accordance with the provisions of Section E of Schedule III by the appropriate person licensed under rule 61. 58. Modiflcations.-(1) If at any time the Central Government considers modifications to a flying machine, in respect of which certificate of airworthiness is in force, to be necessary for safety, it may require such modifications to }~e carried out as a condition of the certificate of airworthiness rem~ining in force. PAGENO="0683" AIR LAWS AND TREATIES OF THE WORLD 677 Such modifications may be notified in a general notice to air- craft owners. and aircraft maintenance engineers or in a special notice to the owner of a particular aircraft. (2) If modifications (including changes of equipment or its in- stallation) which affect the safety of the flying machine are carried out in a flying machine in respect of which a certificate of air- worthiness is in force, then, until the modifications have been approved by the Central Government, the flying machine shall not fly except in so far as under these rules~'it might fly if it had no certificate of airworthiness. (3) Any such modifications shall be carried put by methods approved by the Central Government and shall be inspected by the appropriate person licensed under rule 61, *who shall certify the modification in the form and manner laid down in Section E of Schedule III. `59. Maintenance standards and accessories.-The Central Government may in respect of any airpraft or class of aircraft which `is certified as airworthy under these rules and in respect of `any technical accessories or equipment used in connection with the operation of such aircraft, prescribe conditions for *the technical operation, maintenance and .use of such aircraft,' accessories or equipment. 60. Daily inspection.-(1)' A public transport flying machine effecting public transport shall not commence any flight unless it has, within the preceding 24 hours, been inspected and `certified as safe for flight in accordance with these rules by the appropriate person licensed under rule 61:. Provided that if any such flying machine not carrying passen- gers `for remuneration on a regular scheduled air service is absent from its usual station, whether by reason of delay or otherwise, for a longer period than 24 hours, it may proceed on its journey if, at the time of commencement of a flight, it has not performed more than 12 hours' flying and a period of more than four days has not intervened, since it was last so inspected and certified: Provided further that no such flying macMne shall commence any flight if, since such inspection, it has suffered any damage or revealed any defect which would render the machine unsafe `for flight and which' could not, in accordance with ordinary aeronautical practice, be remedied by the pilot or crew. (2) The certificate required `by sub-rule (1) shall be given in~ the form and manner specified in Section D of Schedule III. (3) The pilot or commander of every flying machine shall before commencing any flight satisfy himself that- (a) having regard to the performance of the aircraft, the extent' to which it is loaded, and the prevailing conditions, sufficient length of run is available to effect a safe take-off and the line of flight in the take-off direction is not obstructed, and that' (b) the flying machine is safe for flight according ~to the circumstances of the flight as laid down in Section D of Schedule III. PAGENO="0684" 678 AIR LAWS AND TREATIES OF THE WORLD 61. Licensing of Aircraft Maintenance Engineers.- (1) For the purpose of rules 57, 58 and 60 the Central Govern- ment may grant licences to persons to act in the capacity of Air- craft Maintenance Engineers, and to sign in connection with the construction, repair, overhaul and maintenance of aircraft such certificates as may be prescribed or required under these rules. (2) The categories and privileges in respect of which licences for aircraft maintenance engineers may be granted, shall be as follows :- (a) Category A (applicable to aircraft, excluding engines) in. respect of : - (i) Certification as to fitness for flight of an aircraft for which a certificate of airworthiness is about to be issued. (ii) Certification as to the safety for flight ot public transport aircraft. . . (iii) Certification in the log book of work done under approved maintenance schedules. (iv) Certification in the log book of repairs approi~ed as minor repairs. (v) Certification in the log book ~of modifications approved as minor modifications. (vi) Certification in the log book of replacement of approved components and parts. (b) Category B (applicable to aircraft, excluding engines) in respect of : - (i) Certification in the log book of aircraft after overhaul,. except that the overhaul, repair or modification of the engine(s), instruments, automatic pilots, variable pitch propellers, or electrical equipment shall have been previously certified by a~ firm approved for the purpose or by an ai~rcraft maintenance engineer appropriately licensed. (ii) Certification in the log book of approved, repairs. (iii) Certification in the log book of. approved modifications. (iv) Certification in the log book of the replacement of approv- ed components and parts. - (v) Certification o~ the construction of components and parts: and the materials u~ed therefor, unless it is stated in the licence that this duty is excluded. (c) Category C (applicable to engines) in respect of: - (i) Certification as to fitness for flight of engines including propellers fitted in an aircraft for which a certificate~ of airworthi- ness is about to be issued. (ii) Certification as to the safety for flight of engines including. propellers fitted in public transport aircraft. (iii) Certification in the log book of work done under approved~ maintenance schedules - PAGENO="0685" AIR LAWS AND TREATIES OF THE WORLD 679 (iv) Certification in the log book of the embodiment of approved modifications an~ the replacement of approved components and. parts, provided that the work has not involved dismantling the engines other than to obtain access to pistons, cylinders and valve- operating gear. (d) Category D (applicable to engines bnly) in respect of : - (i) Certification in the log book of engines after overhaul and. test except that tue. overhaul, repair or modification of magnetos and other ignition equipment shall have been previously certified. by a firm approved fOr the purpose or by an aircraft maintenance engineer licensed for the purpose in Category X. (ii) Certification in the log book of approved repairs. (iii) Certification in the log book of approved modifications. (iv) Certification in the log book of replacement. of approved. components and parts. (v) Certification of the construction of components and parts and the materials used therefor, unless it is stated in the licence that this duty is excluded. (e) Category X in respect of :- (i)~ Certification in the .log book of the installation and corn- pensation of compasses. (ii) Certification of overhauls, repairs, modifications or re- placements and tests thereof of aircraft engine ignition apparatus. (iii) Certification in the log book~ of the overhaul, repair, modi- fication, tests, and installation of variable pitch propellers and of replacements thereto. (iv) Certification of the overhaul, repair, modification, test, and installation of aircraft and engine instruments, and of replacements thereto. - (v)~Certification of the overhaul, repair, modification, test, and installation of electrical equipment and of replacements thereto. (vi) Certification of the overhaul, repair, modification, test, and installation of automatic pilots and of replacements thereto. (3) An applicant for an aircraft maintenance engineer's licenc~ shall not be less than 21 years of age. (4) The requirements to be satisfied for the grant or extension of an aircraft maintenance engineer's licence shall be as laid down in section `F' of schedule III.. ~ (5) An applicant for the grant or the extension of an aircraft maintenance engineer's licence shall be required to undergo tests which may consist Of : - (a) Written Examination, (b) Oral Examination, and (c) Practical tests as appropriate. (6) A~i applicant who fails in any of the above~ tests will not be permitted to appear again for such tests for a period of . three months or such other period as may be intimated to the applicant by the Director General. . . 4-3 C. Aviation. PAGENO="0686" 680 AIR LAWS AND TREATIES OF THE WORLD (7) Licences shall remain valid, unless cancelled or suspended, br the periods specified therein, subject to a ma~dmum period of twelve months in each case, and may thereafter be renewed by the Central Government. A candidate for the renewal of a licence may be required to undergo further examinations and tests as a condi- tion ofjhe renewal of the licence. (8) An Aircraft Maintenance Engineer licensed in a particular category shall, subject to the provisions of sub~rule (9), be com- petent to, deal with the matters specified in sub-rule (2) in respect of the category in which he is licensed. (9) A licence granted under this rule. shall specify the type or types of aircraft, aero-engines instruments, accessories or equip- ment which the licensee is competent to deal with, and may con- tain restrictions limiting his competence to deal with any particular class of work, and the Central Government ma~ at any time vary such specifications or restrictions. (10) Without prejudice to the provisions of sub-rule (3) of rule 19, the Central Government may, after such inquiry as it may deem fit, cancel, suspend or endorse any licence granted under this rule where it is satisfied that :- (a) the holder of such licence has performed work, or granted a certificate in respect of work which has not been performed in a careful and competent manner, or .. - (b) the holder of such licence has signed a certificate in res- pect of any matter which he is not licensed to deal with, or (c) it is undesirable for any other reason that the holder of such licence should continue to exercise the functions of an air- craft maintenance engineer. (11) The Central Government may withhold the grant or re- newal of a licence if for any reason it considers it desirable to do so. 62. Fees.-(1) The following fees shall be payable in respect of the issue or renewal of certificates of airworthiness and aircraft main- ~nance engineer's licence and duplicate certificates and licences, and the inspection, tests and examinations, required by this Part. C'ertjficates of Airworthiness. Aerodynes. (a) Issue or renewal of certificate, including such inspections as may be required by the Central Government :- - Rs. Maximum permissible weight of 2,500 lbs. or less . . . . . 75 Maximum permissible weight over 2,500 lbs. but not more than 5~000 lbs. . 150 Maximum permissible weight over 5,000 lbs. but not more than io,ooo lbs. . 200 Maximum permissible weight over io,ooo lbs. but not more than 2o,00o lbs. . 300 Maximum permissible weight over 20,000 lbs. but not more than 50,000 lbs. . 6oo Maximum permissible weight over 50,000 lbs. . . . . . PAGENO="0687" AIR LAWS AND TREATIES OF THE WORLD 681 Rs. (b) Issue of' certificate without inspection (Rule 50) . . . . 25 (c) Issue of duplicate certificate . . . . . . . . 10 Aircrqft Maintenance Engineer's Licence. For the licence- Issue, renewal or issue of duplicate licence . . . . . 10 For each separate techhical ~xamination- When required, before issue, renewal or extension- (i) One Category . . 25 (ii) Two Categories . . . . . . . 35 (iii) Each Additional Category . . . . . . . . 15 (iv) Additions of types of aircraft, engines, instruments, accessories, or equipment to those already endorsed on the licence for each catergory in which additions are required . . . . . . . 15 (2) An application for a licence or certificate or. for the renewal or extension of a licence or certificate shall be accompanied by a Treasury Receipt or a money order for the sum necessary to cover all the fees payable but when, for any reason, the licence or certi~ ficate is not issued, renewed or extended, the Central Governmen+ may refund to the applicant such proportion of the sum paid as represents the cost of any examination or inspection not carried out or any licence or certificate not issued. PAGENO="0688" 682 AIR LAWS AND TREATIES OF THE WORLD PART VII.-Radio-Telegraph Apparatus. 63. Aircraft. for which apparatus is obligatory.-Every public transport aircraft registered in India, which is capable, according to its certificate of airworthiness, of carrying ten or more persons in- cluding the crew, shall, when used in international air navigation or on a regular air transport service operating in India, be equipped with radio-telegraph apparatus of a type approved by the Central Government capable of sending and receiving communications by radio-telegraphy or radio-telephony, and installed, bonded and screened in a manner approved by the Central Government. * 64. Suspension of rules.-The application of the rules in this Part may be suspended when owing to the lack of radio-telegraph organizations available for air traffic in a particular region the employment of radio-telegraph apparatus on board aircraft wou~d serve no useful purpose. V V PAGENO="0689" AIR LAWS AND TREATIES OF THE WORLD 683 PART Vm.-Air-route Beacons,AerodrOlfle Lights and False Lights. 65. Air-route beacons and aerodrome lights.-(1) No air-rou~e beacon or aerodrome light shall be established or maintained within India nor shall the character of tI3e light exhibited therefrom be altered, except with the approval in writing of the Central Government, and subject to such conditions as it may prescribe. (2) No person shall wilfully or negligently injure or interfere with any air-route beacon or. aerodrome light,, established or main- tained with the approval of the Central Government, or any light exhibited therefrom. *` 66. False lights.-(l) Whenever in India any light is exhibited- (a) in the neighbourhood of an aerodrome or an air-route beacon so as to be liable to be mistaken for an aerodrome light or an air-route beacon; or . (b) which by reason of Its liability to be mistaken for an aero~ drome light or an air-route beacon is calculated to endanger the safety of aircraft; or (c) which, being in the neighbourhood of an aerodrome., is liable by reason of its glare to endanger the safety of aircraft arriving at or departing from the . aerodrome, the Central Government may serve a notice upon the. owner or per- son in possession of the place where the light is exhibited or upon the person having charge of the' light, directing that owner or per- son, within a reasonable time to be specified in the notice, to take effectual means for extinguishing or for effectual screening the light and for preventing for the future the exhibition of any similar light. (2) The notice may be served either personally or by post, or by affixing the same in some conspicuous place near to the light to which the notice relates. (3) An owner or person on whom a notice under sub-rule (1) has been served shall, in the absence of reasonable cause, ~the burden of proving which shall be upon him, comply with. the directions contained in the notice. (4) If any owner or person on whom a notice under this rule is served, neglects for a period of seven days to extinguish or effec- tually to screen the light mentioned in the notice, the Central Government may enter upon the place where the light is and forthwith extinguish the same, doing no unnecessary damage. 67717 O-61-~--44 PAGENO="0690" 684 AIR LAWS AND TREATIES OF THE WORLD PART IX.-Log Books. 67. (1) The following log books shall be kept in respect of air- craft registered in India, namely (a) for every aircraft, an aircraft log book and an engine log book and where more than one engine is fitted, a separate log book for each engine; (b) in addition, for every public transport aircraft (except where such aircraft does not leave the vicinity of its starfing place and returns without landing elsewhere to its starting place) and for every aircraft engaged in international navigation, a journey log book. (2) The log books shall be kept up to date in such manner as the Central Government may direct. (3) The journey log book shall be issued by the Central Government; other log books shall be in the form required by the Central Government. (4) The log books shall be preserved for two years from the date of the last entry therein. (5) No person shall destroy, mutilate, alter or render illegible any log book or any entry made therein, or wilfully make or procure or assist in the making of any false or fraudulent entry in or omis- sion from any log book. PAGENO="0691" AIR LAWS AND TREATIES OF THE WORLD 685 PART X.-Investigation of Accidents. 68. NotIfication of accidents.-(1) An accident in which an air- craft is involved shall b~ notified in accordance with the provisions~ of sub-rules (3), (4) and (5) of this rule if between the time any * person~ boards the aircraft with the intention of flight until such time as all such persons have disembarked :- (a) any person suffers death or serious injury as a result o being in or upon the aircraft or by direct contact with the air-- craft or anything attached thereto, or (b) the aircraft receives substantial damage. (2) The term "substantial damage" used in sub-rule (1) shall~ include any damage which necessitates the replacement or extensive repair of any major component. -~ (3) Where * an accident occurs which has to be notified, under sub-rule (1), the person in command of the aircraft or, if he be- killed or incapacit~~ed,. the owner, the operator, the hirer or other * person on whose behalf he was in command of the aircraft, as the case may be, shall- (a) send notice thereof to the Director-General, and (b) give information to the District Magistrate and the Officer- in-charge of the nearest Police Station. (4) The notice and information shall be sent. as soon. as possible' and by the quickest means available and in any case within 24 hours after the occurrence of the accident. (5) The notice to the Director-General shall contain the follow- ing information namely (i) the type, nationality and registration marks of aircraft; (ii) the name of the owner, operator and hirer of the aircraft;; (iii) the name of the person in command of the aircraft; (iv) the names and description of the crew of the aircraft; (v) the nature and purpose of the flight; (vi) the date and time of the accident; (vii) the place where the accident occurred; (viii) the last point of departure and the next point of intend- ed landing of the aircraft; (ix) the nature of the accident; (x) the number and description of * the persons~ killed, and. injured as a result of the. accident; .and ` (xi) the extent of known damage to the aircraft. 69. Report on áccidents.-The person in command or the owner of theY aircraft which has been . involved in an accident, whether or not it is required to be notified under rule 68(1), shall, if so~ required by. the Director-General, submit to him a written report on su cit accident in such form as he may prescribe. PAGENO="0692" 686 AIR LAWS AND TREATIES OF THE WORLD 70. Removal and preservation of damaged aircraft.-(l) In the case of an accident which requires to be notified under rule 68 or 69, or in any other case in which the Director-General gives notice to the owner or other person in charge of the aircraft to this effect. the aircraft shall not, except under the authority of the Director- General,, be removed or otherwise interferred with: Provided that, subject to compliance with the provisions of rule 61 of the India Aircraft Rules, 1920, in so far as they may be applicable- (i) If the aircraft is wrecked on water, the aircraft or any parts or contents thereof may be removed to such extent as may be necessary for bringing it or them to a place of safety; (ii) the aircraft or any parts or contents thereof may be re- moved or interfered with so far `as may be necessary for the pur- pose of extricating persons or animals dead or alive, of preventing the destruction of the aircraft and its contents `by fire or other cause or-of preventing any damage or obstruction to the public or to air navigation or to other transport; (iii) goods shall not be removed fftim the aircraft `except under `the supervision, and with the concurrence of an officer of the Civil Aviation Department; (iv) passengers' and crews' personal luggage may be removed `from the aircraft under the supervision of an Officer of Police Department, a Magistrate or an Officer of the Cii~il Aviation Depart- ment; and (v) mails may be. removed under the supervision of an' Officer `of the Police Department, a Magistrate, ,an Officer of the Civil Aviation Department or an Officer of the Posts & Telegraphs Department; (2) The Director-General may, for the purposes of any in- `vestigation or inquiry under these rules, authorise any person to take measures for the preservation of any aircraft involved in an accident, and such person may thereupon have access to. examine or otherwise deal with the aircraft. (3) The owner of the aircraft or his nominated representative shall have the right to be present during any examination or other action taken under sub-rules (1) and (2), provided that the Dircetor- General shall not be bound to postpone any action which he may consider necessary under this rule by reason of the absence of the owner or his representative. 71 Inspector's investigation.-(1) The Director-General thay order the investigation of any accident involving an aircraft, `whether such accident is required to be notified under rule 68 or not, and may by general or special order, appoint any person (here- inafter referred to as an "Inspector of Accidents") for the purpose of carrying out such investigation. ` (2) The investigation referred to in sub-rule (1) shall be held in private. PAGENO="0693" AIR LAWS AND TREATIES OF THE WORLD 687 (3) The investigation shall be conducted in' such a manner `that if a charge is made or likely to be made against any person and if it appears to the Inspector of Accidents .to be practicable so to do that person shall be given notice that blame may be attribut- ed to him; and thereupon he may be given a reasonable apportunity of being present and making any statement or ~iving any evidence and producing witnesses on his behalf and examinihg any witnesses from whose evidence it appears that blame may be attributed to him. (4) A public notice that such investigation is taking place may be given by the Director-General in such manner as he may think fit and every such public notice shall state that any person who `may desire to make representation concerning the circumstances or ~causes of the accident may do so in writing within the time speci- fled. in the notice. (5) The Inspector of Accidents shall make a' report to the Director-General stating all relevant facts with regard to the accident and his conclusions with regard to the causes of the acci- dent, and adding any observations and recommendations which he~ may think fit to make with a view to preservation of life and avoidance of similar accidents in future. (6) The Director-General' shall, forward the report of the Inspector of Accidents to. the Central Government with such comments as the Director `General may think fit to make, and the Central Government may, at its discretion, make the whole or part of any such report public in such manner as it may consider fit. ~I2. Powers' of Inspector of Accidents.-For the purpose of such investigation an Inspector of Accidents shall have power- (a) by summons under his hand to require the attendance of any person whom he thinks fit to call before him and examine for such purpose and to require answers or returns to any inquiries he thinks fit to make; (b) to require any such person to make and to sign a declara- tion regarding the true nature of the statements made by him; (c)' to require and enforce the production of all books, papers, documents and articles which he may consider, necessary for, the investigation, and to retain any such books, papers, documents and articles until completion of the investigation; and (d) to have access to and examine any aircraft involved in the accident, the place where the' accident occurred or any other place, the entry upon and examination' of which appears to the Inspector necessary for the purpose of the investigation. 73. Inspector's fee.-When a person other than an officer of Government is appointed an Inspector of Accidents he may be grant- ed such fee and expenses as `may be determined by the' Central Government. ` ` PAGENO="0694" 688 AIR LAWS AND TREATIES OF THE WORLD 74. Committee of Inquiry.-(1) The Central Government may, at its discretion, appoint a Committee of Inquiry composed of two or more persons to hold an inquiry into an accident in which an~ aircraft is involved, and such a Committee shall have the same powers as an Inspector of Accidents under rule 72. (2) The Committee of Inquiry may at its discretion hold the incjuiry in public or in private. (!3) The Inquiry shall be conducted in such a manner that if a charge is made or likely to be made against any person, that person, shall be given notice that blame may be attributed to him and thereupon he may be given a reasonable opportunity of being present and making any ~tatement or giving any evidence and pro-~ ducing witnesses on his behalf and examining any witnesses from. *whose evidence it appears that blame may be attributed to him. (4) A public notice that an inquiry is taking place may be given by the Central Government in such manner as it may think fit and every such notice shall state that any person who may desire to make representations concerning the circumstances dr causes of the accident may do so in writing within the time specified in the notice. (5) The Committee of Inquiry shall make a report to the Central Government stating all relevant facts with regard to the accidents and its conclusions with regard to the causes of the acci-- dent, and adding any observation and recommendation which it may think fit to make with a view to preservation of life and avoidance of similar accidents in future. (6) The Central Government may cause the whole or parf of any such report of the Committee of Inquiry to be made public in such manner as it may think fit. (7) When a person other than an officer of Government is. appointed as a member of the Committee of Inquiry he may be granted such fee and expenses as may be determined by the Central Government. (8) Every person summoned by the Committee of Inquiry as. a witness in accordance with these rules shall be allowed such expenses as the Central Government may from fime to time determine. 75. Formal Inve%stigation.-Where it appears to the Central Government that it is expendient to hold a formal investigation of an accident, it may, whether or not an investigation or an inquiry has been made under rule 71 or 74, by order direct a formal. investigation to be held; and with respect to any such formal investigation the following provisions shall apply namely:-* (1) The Central Government shall appoint a competent~ person (hereinafter referred to as "the Court"), to hold the investigation, and may appoint one or more persons possessing legal, aeronau- tical, engineering, or other special knowledge to act as accessorsr it may also direct that the Court and the assessors shall receive such remuneration as it may determine. PAGENO="0695" AIR LAWS AND TREATIES OF THE WORLD 689 (2) The Court shall hold the investigation in open court in such manner and under such conditions* as the Court may think most effectual for assertaining the causes and circumstances of the accident and for enabling the Court to make the report hereinafter mentioned. (3) (i) The Court shall have, for the purpose of the investiga- tion, all the powers of a Civil Court under the Court Code of Civil Procedure, 1908, and without prejudice to those powers the Court may :- - (a) enter and inspect, or authorise any person to enter and inspect any place or building, the entry or inspection whereof appears to the Court requisite for the purposes of the investigation; and (b) enforce the attendance of witnesses and compel the production of documents and material objects; and every person required by the Court to furnish any information shall be deemed to be legally bound todo so within the meaning of section 176 of the Indian Penal Code. (ii) The assessors shall have the' same powers of entry and inspection as the Court. (4) The investigation shall be conducted in such manner that, if a charge is made or likely to be made against any' person, that person shall have an opportunity of being present and of making any statement or giving any evidence and producing witnesses on his behalf. * (5) Every person attending as a witness before the Court shall be `allowed such expenses as the Court may consider reasonable: Provided that, in the case of' the owner or hirer of any aircraft concerned in the accident' and of any person in his employment or of any other person concernea in the accident, any such expenses. may be disallowed if the Court, in its discretion, so directs.. (6) The Court shall make a report to the Central Government stating its findings as to the causes of the accident and the circum- stances thereof and adding any observations and recommendations which the Court thinks fit to make with a view to the preservation of life and avoidance of similar accidents in future, including, a recommendation for the cancellation, suspension or endorsement of any licence or certificate issued under these rules. (7) The assessors (if any) shall either sign the report, with or without reservations, or state in writing their dissent therefrom and their reasons for such dissent, and such reservations or dissent and reasons (if any) shall be forwarded to the Central Govern- ment with the report. The Central Government may cause any such report and reservations or dissent ~and~ reasons (if any) to be made public, holly or in part, in such manner as it thinks fit. 76. Obstruction of proceedings.-(1) No person shall obstruct or impede the Court or a member of the Committee of Inquiry or an Inspector of accidents or an assessor or any person acting in the exercise of any powers or duties under the rules in this Part. PAGENO="0696" 690 AIR LAWS AND TREATIES OF THE WORLD (2) No person shall without reasonable excuse (the burden of proving which shall lie on him) fail to comply with ahy summons or requisition of a Court or a Committee of Inquiry or any Inspector of Accidents holding an investigation or an Inquiry under the rules in this Part. 77. Accident~ to aircraft registered in a foreign State.-Where an investigation by an Inspector of Accidents or an inquiry by a Committee of Inquiry or a formal investigation by a. court relates to an accident which has occurred in or over India to an aircraft registered in a country other than India, an accredited representa- tive of the country in which the aircraft is registered, and of any other country which has on request furnished information in connection with the accident, may participate in the investigation inquiry or formal investigation as the case may be; he may be accompanied by such technical or other advisers as may be considered necessary by the authorities of the country by which he is appointed. 77-A. Saving.-Nothing in this Part shall limit the power of the Central Government with regard to the cancellation, suspen- sion or endorsement of any licence or certificate issued under these rules. PAGENO="0697" AIR LAWS AND TREATIES OF THE WORLD 691 PART XL-Aerodromes. 78. Government aerodromes.-A Government aerodrome shall. not be open to use by any member of the public save to such extent, if any, and subject to such Conditions as the Central Government may determine. 79. Places other than Government aerodromes.-A place in India other than a Government aer~odrome shall not be used as a regular place of landing and departure by a scheduled ~air trans- port service or for a series of landings and departures by any air- craft carrying passengers for hire or reward unless :- (a) it has been licensed for the purpose, and save in accordance with the conditions prescribed in such a licence; or (b) it has been approved by the Director-General, subject t~ such conditions as he may deem fit to impose, for the purpose of giving joy-rides for hire or reward. 80. Licensed aerodromes.-An aerodrome shall be licensed by the Central Government in one of the following categories,. iiamely - (a) for public use; (b) for private use; that is to say, for use by the licensee and by individuals specifically authorized by the licensee. 81. Public aerodromes.-Every aerodrorne which is licensed for public use or which is open to public use by aircraft registered in India upon payment of charges shall to the same extent and upon the same conditions be open to use by aircraft possessing the nationality of a contracting State. Every such aerodrome shall at all reasonable. times be open to use by ai~y aircraft in the service of His Majesty. 82. Tariff charges.-(1) At every aerodrome referred to in rule 81 there shall he exhibited in a conspicuous place a single tariff of charges, including charges for landing and length of stay, and such tariff shall be applicable alike to all aircraft whether registered in India or in any other contracting State. (2) In the c~se of GovèrnmCn't aerodromes, the charges rnention~~ ed in sub-rule (1) shall not exceed those specified in, and. shall be leviable in accordance with the provisions contained in Section B of Schedule V to these Rulds. (2a) ~Nothing in sub-rule (2) shall apply ~.to the payment of any charge in respect of any space in or outside a hangar at a Government civil aerodrome leased out by the Central Government to any person for the purpose of housing or parking an aircraft or for any other purpose ~approved by the Director-General and where any such space is leased out, it shall be subject to payment of such charges as may be determined by the Central Government and also subject to suôh terms and conditions ofihe lease as may be agreed upon between the Central Government and such- person. PAGENO="0698" 692 AIR LAWS AND TREATIES OF THE WORLD (3) In the case of licensed public aerodromes other than Government aerodromes, the charges mentioned in sub-rule (1) shall, if they exceed the rates specified in Section B of Schedule V to *these i~ules, require the approval of the Central Government. 83. Qualifications of licensee.-A licence for an aerodrome shall not be granted to any person or corporation other than- (a) a British Subject or person under His Majesty's protection, -or (b) a company or corporation registered and having its principal place of business in His Majesty's dominions. 84. Period of validity of licence.-An aerodrome licence may be granted for any period not exceeding twelve months, apd on each occasion of renewal may be renewed for any period not exceeding twelve months. 85. Classification of aerodromes.-An . aerodrome may be licensed for all types of aircraft or for certain specified types or -classes of aircraft and the licence may specify the conditions on which the ae~odrome may be used. 86. Conditions governing the grant of licence.-(l) A licence shall not be granted in respect of any place which does not satisfy the requirements specified in Part A of Schedule V. (2) While a licence is in force no alterations to the landing area or to the buildings or other structures on the aerodrome which may affect the safety of aircraft shall be undertaken save with the previous approval of the Central Government. Application for -such approval shall be addressed to the Director-General of Civil Aviation in India and shall be accompanied by full particulars with plans of any such alterations including alterations to surrounding -obstructions which may affect the safety of aircraft. (3) The necessary approval may be granted or withheld and if `granted may be granted subject to such conditions (including con- -ditions involving a revision of the original conditions of licence) as The Central Government may think fit. (4) If any alteration of the nature referred to in sub-rule (2) is undertaken without the previous approval of the Central -Government the licence may be cancelled. (5) The licensee shall maintain the aerodrome in a fit state for use by aircraft and adequately marked to the satisfaction of the Central Government during the whole period of the currency of *the licence where this exceeds a period of three months and shall, if the aerodrome becomes unserviceable, immediately notify the Director-General of Civil Aviation in India by telegraph. PAGENO="0699" AIR LAWS AND TREATIES OF THE WORLD 693 87. Fees.-The fees chargeable. for the grant or renewal of a Jlicence for an aerodrome shall be- Rs. (1) When the licence is granted or renewed for a period not exceeding three months . . 15 (2) When the licence is granted or renewed for a period exceeding three months but not exceed- ing six months . . . . 20 (3) When the licence is granted or renewed for a period exceeding six months but not exceed-. ing 12 months. . . . . 30 Provided that if, in the opinionS of the Central Government, it is necessary or expedient before the grant or renewal of the licence, br the aerodrome in question to be inspected by an officer of ~Government or other person authorized by the Director-General of Civil Aviation in India, an additional fee of Rs. 30 shall be charge- able for the inspection and the applicant shall also be required to pay the travelling expenses of the inspecting officer. PAGENO="0700" 694 AIR LAWS AND TREATIES OF THE WORLD PART XII.-Rules of the Air. SECTION I. LIGHTS AND VISUAL SIGNALS TO BE DISPLAYED BY AIRCRAFT AND SOUND SIGNALS. A-GENERAL. S8. Obligation to display the required lights.-The rules con- cerning lights to be displayed by aircraft shall be complied with in all weathers from sunset to sunrise, and during such time no other lights which may be mistaken for the prescribed lights shall be exhibited. The said lights shall not be dazzling. 39. Angvlar limits of lights.-The angular limits of the lights referred to in this Part shall be determined when the aircraft is in its normal position for flying on a rectilinear horizontal course and as shown diagrammatically in figure 1 in Schedule IV. 90. Failure of lights, etc.-(1) In the event of the failure of any light which is required by these rules to be displayed by aircraft in flight, the aircraft concerned shall, if the light cannot immedia- tely be repaired or replaced in flight, land as soon as it can do so without danger. (2) Where, owing to the difficulty of producii~ig lamps to meet the requirements of these rules as regards sector, lights, an overlap of thcse lights is unavoidable, the overlap shall be as small as possible; there shall be no sector in which no light is visible. 91. Savlngs.-Nothing in these rules shall interfere with the operation of any special -rules made by the Government of any State with respect to the additional signal or station lights for military aircraft, aircraft exclusively in State services or for aircraft in~ group formation, or with the* exhibition of recognition signals adopted by owners of aircraft which have been authorized by their respective Governments and duly published. B.-LIGHTS AND VISUAL SIGNALS TO BE DISPLAYED BY AIRCRAFT. Flying machines. 92. In the air or on land aerodromes.-(1) Every flying machine in the air or on the landing area of a land aerodrome shall display the following lights, that is to say :- (a) on the right side, a green light, fixed so as to show an un- broken light, visible at a distance of at least five miles, throughout a dihedral angle of 1100 formed by two vertical planes, of which one is parallel to the plane of symmetry and directed dead ahead, and the other is directed to the right; (b) on the left side, a red light, fixed so as to show an unbroken light, visible at a distance of at least five miles, throughout a. dihedral angle of 110° formed by two vertical planes of which one is. PAGENO="0701" AIR LAWS AND TREATIES OF THE WORLD 695 parallel to the plane Of symriietry' and directed `dead ahead, and the other is directed to the left; - (c) at the rear, a white light, fixed so as. to show astern an un- broken light, visible at a distance of at least three miles, through- out a dihedral angle of 1400 formed by two vertical planes bisected by .the plane of symmetry. (2) In a case where, in order to comply with the provisions of. sub-rule (1), .a single light has to be replaced by several lights, the field of visibility of each of these lights shall be so limited that . only one can be seen at a time. (3) In the case of flying machine with a maximum span of less than 65 feet, the lights required by this rule may be combined in one or more . lamps, placed centrally, provided that~ the require- ments, of sub-rules (1) . and (2).. as to colour. and~ visibility are complied with. . . . 93. Under way on the surface' of the water.-Every flying machine under way on the surface of .the water shall display. lights in accordance with the following provisions :- (1) `If it is under control and is not being towed, it shall display the lights required' by rule 92, and in addition, forward," a white light fixed .so as to show forward. an unbroken light visible at a distance of at least three miles, throughout a dihedral angle' of 220° formed by two' vertical planes and bisected by the plane of symmetry. (2) If it is being towed, it shall display the lights required by rule 92. . . / - (3) If it is not under control,'it shall display two' red lights placed where they can best be seen, one vertically over the other not less than three feet apart, and both being visible, so far as practicable, all round the horizon at a distan'ce of. at least two miles, and, in addition-. (a) if making way, it shall' display the lights required by rule 92;or (b) if not making way, it shall display tue light required by clause (c) of sub-rule (I) of rule 92. (4) If it is towing another aerodyne, it shall display the lights specified in clause (1) and in addition, forward, two white lights. placed where they can best be seen, one vertically over the other, not less than six feet apart, and visible at a distance of at least three miles in a dihedral angle of 220° formed' by two' vertical planes and bisected by the plane of symmetry. 94. At anchor or moored on the surface of' the water.-Every~ flying machine whether at anchor or moored r on the surface of .the~ water shall display lights, in accordance with the following provi- sions, namely (1) In every case, it shall display forward centrally where it can best be seen, a white light, visible all round the horizon at a distance of at least one mile. PAGENO="0702" 696 AIR LAWS AND TREATIES OF THE WORLD (2) In a case where the length of the flying machine is 150 feet or upwards. it shall display, in addition to any other light required by this rule, a white light at or near its stern at a lower height than the forward light mentioned in clause (1), and visible all round the horizon at a distance of at least one mile. (3) In a case where the maximum span of the flying machine is. 150 feet or upwards, it shall display, in addition to any other light required by this rule, a white light on each side placed in such a manner as to demarcate the maximum lateral dimension of the flying machine and visible, so far as practicable, all round the horizon at a distance of at least one mile. Gliders.~ 95. In all cases in which flying machines are reciüired by these rules to display lights, a glider shall display a red lighl visible, so far as practiable, in all directions. Balloons, and Kites. 96. Free balloons.-A free balloon shall display a red light plac- ed not less than 15 or more than 30 feet below the basket and visible so far as practicable, in all directions at a distance of at least two miles. 97. Captive balloons and kites.-In the ease of a captive balløori or kite, lights shall be displayed in accordance with the following provisions,' namely :- (1) when flcwn at an altitude exceeding 180 feet above the ground, or at any altitude if it is less than three miles from an aerodrome or from a recognized air-route the balloon or kite shall display a white light placed 12 feet vertically above a red light, these lights being visible so far as practicable in all directions at a distance of at least two miles, the upper white light being placed not less than 15 or more than 30 feet below the basket, or, if there is no basket, below the lowest part of the balloon or kite; (2) in addition. from the mooring cable of the balloon or kite there shall be displayed at intervals of 1.000 feet measured from the said group of two lights, similar groups of two lights, one white and one red, and if the lowest group of lights is obscured by clouds, an additional group shall be displayed below the cloud base; (3) hi addition, the position of the object to which the balloon or kite is moored on the~ ground shall be marked by a group of three flashing lights, arranged on a hori~onta1 plane at the apexes of a triangle, approximately equilateral and measuring at least 75 feet on each side; the side of this triangle, perpendicular to the horizontal projection of the cable, shall be delimited by two red lights, the third light shall be a green light placed opposite the direction of the cable. 98. Day markings for captive balloons-By day, the mooring. cable of a captive balloon shall have attached to it at intervals of not more than 600 feet measured from the basket (or, if there is no PAGENO="0703" AIR LAWS AND TREATIES OF THE WORLD 697 basket, from the lowest part of the balloon)' tubular streamers, t~ot,.. less than eight inches in diameter and six feet in length, and mark~ ed with~ alternate, bands of white and .red 18 inches in. width. 99. Day markings for kites.-By day, the mooring cable of a kite shall be marked,. either in the manner required ~ r~ 98 i~ the case of, a captive balloon, or by streamers of stout paper attach- ed to the . cable at intervals of 300 feet measured from the lowest. part of the kite, such streamers being not less than 30 inches in length and one foot in width `in their widest part and marked with alternate bands of white and red four itiches wide. Airships. J~~* Under way- (1) Except, as provided iii rule 101, an airship when under way shall display the following lights, namely :- (a) forward, a white light fixed so as to show . forward an. un- broken light visible at a distance of at least five miles and through-, out a dihedral angle of 220 formed by two vertical planes and bisected by the plane of symmetry; (b) on the right side, a green light fixed so as to show an un- broken light visible at' a distance of at least five miles' and through- out a dihedral angle of 110° formed by two vertical planes, of which one is parallel to the plane of symmetry and directed dead ahead, and the other is directed to the right; (c) on the left side, a red light fixed so as to show an unbroken light visible at a distance of at least five miles and throughout a dihedral angle of 110° formed by two i7ertical planes, of' which one is parallel to the plane of symmetry and directed dead ahead and the other is directed to the left; (d) at the rear, white light fixed so as, to show astern an uia- broken light visible at a distance of at least three miles and throughout a dihedral angle of 140° formed by two vertical planes and bisected by the plane of symmetry. (2) In a case where, in order to comply with the provisions of sub-rule (1), a single light has to be replaced by several lights, the field of visibility of each of those Tights shall be so limited that only one can be seen at a time. 101, Not under control.-(1)' `An airship which is under way and which is not under control, or which has voluntarily stopped its engrnes or which is `being towed, shall display the following lights, namely :- (a) the forward and rear lights required by clauses (a) and (b) o sub-rule (1) of rule 100; . . (b) in addition, below the airship, two red lights, one placed vertically' below the other 12 feet apart,. the upper light beIng 25' PAGENO="0704" 698 AIR LAWS AND TREATIES OF THE WORLD feet below the control car and both being visible so far as `practi- cable in all directions at a distance of not less than two miles; (c) in addition, if making way but not otherwise, the side lights required by clauses (b) and (c) of sub-rule (1) of rule 100. (2) By day, an airship in the circumstances mentioned in sub- rule (1) of this rule shall display two black balls or shapes each at least two feet in diameter, one placed vertically below the other 12 feet apart, the upper one being 24 feet below the control car, and both being visible so far as practicable in all directions. WheTe necessary in order to comply with this requirement, the said group of two black balls or shapes may be duplicated. 102. Moored.-(1) An airship when moOred to a mooring mast shall display at or near the rear a white light' visible, so far as practicable, in all directions at a distance of at least three miles. (2) An airship, when moored to the ground or the surface of the water by a cable, shall display, forward, the white light required by clause (a) of sub-rule (1) of rule 100, and, at the rear, the white light required by clause (ci) of that sub-rule, and in addition the airship and its mooring cable* shall be lighted or marked in accordance with such of the provisions of rules 97 and 98 as are applicable in the case of a captive balloon. (3) An airship while picking up its moorings, although con- sidered as being under way and not being under control, shall how- ever display only the lights specified. in rule 100 until it is finally made fast. C.-Sound Signals. 103. Fog, mist, etc.-In fog, mist, falling snow or heavy rain- storm, whether by day or night, an aircraft on the water shall make the following sound signals, namely :- (a) If not anchored or moored, a sound at intervals of not more than two minutes, consisting of two blasts of about five seconds duration with an interval of about one second between them. (b) If at anchor or moored, the rapid ringing of an efficient bell or gong for about five seconds at intervals of not more than one minute. SECTION II. GROUND MARKINGS AND. SIGNALLING. A.-GROUND MARKING, LIGHTS AND SIGNALS ON AND IN THE VICINITY OF AERODROMES OPEN TO PUBLIC USE. 104. Ground niarkings.-At every land aerodrome open t~ public use, the boundaries of the landing area shall, by means of suitable markings, be rendered clearly visible both to aircraft in the air and to aircraft manoeuvring on the landing area. In addition, a circle marking may be placed on the landing area. All obstructions PAGENO="0705" AIR LAWS AND TREATIES OF THE WORLD 699 existing on a landing area shall be clearly marked. In case, part of the marked landing area should become unfit for use, this part shall be delimited by clearly visible markings or flags, and may, in- addition, be indicated by one or more clearly visible crosses. 105. Ground Signals.-(l) At every aerodrome open to public use- (a) the direction of the wind at the landing area shall be clearly indicated by one or more of the recognized methods, e.g., conical streamers, smudge fire, etc.; (b) if there is a landing T, it shall be used to indicate the com- pulsory directiOn for landing and taking 6ff, even shou}d such direc- tion not correspond to the direction of the wind. Normally, the T shall be so placed that the long arm lies along the direction of the wind, with the cross arm set at that end of the long arm from which the wind is blowing. In the event of there being no wind or a light irregular wind, the T shall be fixed in the direction in which the landing or departure is to be made, and the fact that it is fixed shall be signalled by the presence of a ball, mounted on a mast on the signal area and clearTy visible both to aircraft in flight and to those manc~uvring on the landing area. (2) When, by way of exception, at certain aerodromes, the landing area is regarded as divided into two approximately equal zones, one for departure and the other for landing, as provided for in rule 126, this special arrangement must be. indicated by a full star of five points (constituted by a regular non-convex pentagon which could be inscribed in a circle of not less than 45 feet dia- meter) as shown in figure 2 in Schedule IV. (3) When under rule 118 the special .rules for air traffic pre- scribed in Section V are temporarily suspended~ wholly or partially, in respect of a specified aerodrome such suspension shall be indicated by a red square panel, each side' of which measures at least ten feet, placed horizontally as shown in figure 3 in Schedule IV.. (4) If an order issued under rule 118 prescribes among other things that circuits outside the landing area and those for taking off and landing, which are referred to in clause (b) of, rule 120 and rule 124 are to be right-handed, the red square panel, prescribed in sub- rule (3) of this rule, shall, along two of its sides, be bordered by a red rectangular panel by at least three feet in width, separated from the central panel by at least three feet. At the extremity of one of tl~e rectangular panels shall be placed a red triangle so as to indicate that the direction of the circuit is i~ight-handed as shown in figure 4 in Schedule IV. If, however, the only object of the order is that circuits should be right-handed, the red square panel shall not be displayed. (5) When special circum~tai~ceS call for a prohibition to land liable to be prolonged, use shall be made of a red square panel,. 67717 o-G1--45 PAGENO="0706" 700 AIR LAWS AND TREATIES OF THE WORLD placed horizontally, each side~ of which measures `at least ten feet and the. diagonals of which are covered by yellow strips at least *two feet in width, arranged in the form of an X as shown in figure 5 in Schedule IV. (6) When the bad state of the landing area or any other reason calls for the observa~nce of certain precautions `in landing, use may be made of a red square panel, placed horizontally, each' side of which measures at least ten feet and one of the diagonals of which is covered by a yellow strip at least two feet in width as shown in figure 6 in Schedule IV. (7) When a landing by means of a radio-electric guide is taking * place the fact may be signalled by hoisting' on a mast a yellow triangular equilateral pyramid, each side Of which, measures at least six feet as shown in figure 7 in Schedule IV. (8) The signals referred to in the foregoing, sub-rule shall, whenever possible, be displayed in a special part of the aerodrome selected as a signal area; by way of exception, the wind indicators and the landing T' referred: to' in sub-rule (1) of this rule may be located elsewhere. (9) During periods of poor visibility, the lights existing for night lighting shall be operated by day, whenever possible and in so far as necessary. 106. Ground lights.-(1) At every aerodrome open' to public use and used for night flying, the following provisions shall apply dur- ing the working hours of the night service, namely :- (a) Dangerous lights.-No lights shall be exhibited at or in the neighbourhood of an aerodrome which may endanger th& safety of aircraft, whether by reason of' glare, or by causing' confusion with or preventing clear visual reception of the lights or signals prescribed in these `rules. (b) Aerodrom,e beacon.-The position of the aerodrome may be indicated by a luminous beacon. (2) At every land aerodrome open to public use and used for night flying, the following provisions shall apply during the working hours of the night service, namely :- , (a) Lighting of obstructions.-Fixed red lights shall be exhibit- ed- (i) on all obstructions within the landing area which constitute a danger to aircraft in motion on the landing area; - (ii) as far as possible, on all obstructions within 1,000 yards of the boundary of the landing area and constituting a danger to air- craft approaching or leaving the aerodrome in a normal manner. In case it should be impossible to exhibit fixed red lights on such obstructions, their horizontal projection and the central of the obstructions shall, as far as possible, be clearly indicated by syn- chronized red flashing or occulting lights, placed on a level with or near to tb.. ground. PAGENO="0707" AIR LAWS AND TREATIES OF THE WORLD 701 (b) Lighting of landing T and of wind indicators.-The landing T, if used, and at least one of the wind indicators shall be illuminat- ed with fixed lighting, preferably white. (c) Lighting of signals.-The signals ~displayed in the signal area shall be suitably illuminated. (d) Lighting of landing area- (i) the landing area or the part thereof on which landings should be made shall be illuminated by a floodlight or floodlight system during landing manceuvres; (ii) in default, one of the following methods may be used :- J~'irst method : A line of lights spaced 150 feet apart shall be laid out on the ground, consisting of a central section of six white lights to indicate that landings should be made on the adjacent portion of the landing area and on either side of this line, with at least two green lights at one end and at least two red lights at the other end to indicate that landings should be made from the direc- tion of the green lights towardS the red lights; Second method : Lights shall be laid out on the ground in the form of a T, the long arm of which shall be composed of at least four lights in a line not less than 250 yards in* length. The light at the foot of the T shall indicate the place where the aerodyne should first make contact with the ground and the cross arm of the T shall indicate the place where it should finish its run. Landings may be made on either side of the long arm of the T but always parallel to that arm; in the event, however, of the area situated on either side of the long arm becoming obstructed, the li~Wt indicating the cross arm on that side shall be removed and landing shalt be effected on the opposite side. The direction of landing and take-off will be given by the two alternative methods referred to above; the landing T shall not, therefore, be used. (e) Approach lighting.-The most favourable sectors of approach to the `landing area may be indicated by green lights. (f) Boundary lighting.-The boundary of the landing ~area shall be marked by fixed yellow-orange lights, normally laid out 300 feet, apart: * Provided that- (i) when there are obstructions on the boundary of the landing area, the lights serving to mark such obstructions may take the place of boundary lights; (ii) when the boun~dary lights are in the form of strips, their colour may be red; (iii) when local conditions render unavoidable the use of gas boundary lights, they may be given an intermittent character; (iv) when the boundary of the landing area cannot be marked, only the extremities of such landing area between which aircraft may move without danger shall be indicated by fixed yellow-orange lights. PAGENO="0708" 702 AIR LAWS AND TREATIES OF THE WORLD (3) At every water aerodrome open to public use and used for night flying, the provisions of sub-rule (2) sh~II equally apply, except in cases of obvious impossibility. B. Distress, Urgency and Safety Signals. 107. General.-(l) The following general provisions shall apply to all distress, urgency, and safety signals, namely (a) the signals .referred to in this rule may be transmitted only with the authorization of the commander or person responsible for the aircraft; (b) when these signals are sent by radio-telegraphy or radio- * telephony, the group or spoken expression shall be sent three times * and followed by the group DE and the call sign, also sent three times, of the station which sends it. In the case of "safety" messages, the frequency to be employed is that for "distress" messages. (2) Distress Signals.-When an aircraft is threatened by grave and imminent danger and requests immediate assistance, the follow- ing signals shall be used or displayed, either together or separately, before the sending of a message, namely (a) By radio-telegraphy- the signals... - - [See Note (1) 1; (b) by radio-telephony- the spoken expression "MAYDAY" (corresponding to the French pronunciation of the expression "m'aider") (c) by visual signalling- (i) the signal... - - - ... with signalling apparatus; (ii) a succession of red pyrotechnical lights fired at short intervals (iii) the two-flag signal coriesponding to the letters NC of the International Code of Signals. [See Note (2)]; (iv) the distant signal, consisting of a square flag having, either above or below it, a ball or anything resembling a ball. [See Note (2)]; (d) by sound signalling- (i) the signal... - - - ... with any sound apparatus; (ii) a continuous sounding with any sound apparatus. [See Note (2)]. (3) Urgency Signals.-(a) When an aircraft wishes to give notice of difficulties which compel ~it to land without, requiring immediate assistance, the following signals shall be used, either together or separately, before the sending Of a message, namely :- Note (l).-When the signal specified in clause (a) above is sent by radiotelegraphy on 50~ kc/s (600 m.), it shall, when possible, in order to be received by automatic maritime apparatus, be followed by the automatic alarm signal consisting of a series of twelve dashes of four seconds each, separated by an interval of one `second. Note (2).-The signals specified ut (iii) and (iv) of clause (c) and in (ii) of clause (d) above are normally for use by seaplanes on the surface of the water but they may a Iso be used by aircraft in the air. PAGENO="0709" AIR LAWS AND TREATIES OF THE WORLD 703 (i) By radio-telegraphy- the group PAN, the letters of which must be well separated so that the signals A N may not be transfqrmed. into one signal P; (ii) by radio-telephony- the spoken expression PAN (corresponding to the French pro- n~nciation of the word "panne"); in cases where, owing to the rapidity of the maneuvres to be executed, the aircraft is unable to transmit the intended message by radio-telegraphy or radio-telephony, the signal PAN not follow- ed by a message retains this meaning; (iii)' by visual signalling- by day: a succession of white pyrotechnical lights; by night: a succession of white pyrotechnical lights, or a succession of short and intermittent flashes with the navigation lights. (b) When an aircraft has a very urgent message to trans~nit concerning its own safety, or that of an aircraft, ship or other vehicle, or the safety of any person on board or within sight, the following signals shall be used, either together or separately, before the sending of the message. As a general rule they are addressed to speciflc~ authority. (.i) By radio-telegraphy- the group XXX; the letters of each group and the successive groups shall be clearly separated from each other; (ii) by visual signalling- either a succession of green pyrotechnical lights; or a succession of green flashes with signalling apparatus. (4) Safety Signals.-When an aircraft is about to transmit a message concerning the safety of navigation or giving important meteorological warnings, the following signals shall be used, either together or separately, before the sending of a message, namely : - (a) By radio-telegraphy: - the group T T T; the letter of each group and the successive groups shall be clearly separated from each other; (b) by radio-telephony- the French word "SECURITE" (to which correspond in English pronunciation the syllabus SAY-CURE-E-TAY). C. Other Signals to or from aircraft. 108. At aerodrome~ open to public use.-(1) By day and by nigI~t, when there is an officer controlling the traffic, he shall, except PAGENO="0710" 704 AIR LAWS AND TREATIES OF THE WORLD as permitted by sub-rule (2) of this rule, use the following visual signals, namely (a) to authorize movement on the landing area. but excluding authorization to. take-off, he shall direct at the aircraft an intei~- mittent white luminous beam; (b) to authorize taking-off, he shall direct at th~ aircraft a con- tinuous white luminous beam; (c) to prohibit taking-off or any movement on the landing area, he shall direct at the aircraft an intermittent red luminous beam. The signals in this sub-rule may~ be preceded b~ the last three letters of the registration group of the aircraft to which the signal is addressed; these three letters shall be sent in the International Morse Code, by using a luminous beam of the same colour as the signal which is to be sent. (2) By day, when there is on the landing area an officer controlling the traffic, he may use the following signals, namely : - (a) to authorize movement on the landing area, but excluding authorization to take-off, he shall wave a small white flag in the direction to be followed; (b) to authorize taking-off, he shall lower a small white flag in the direction of taking-off; (c) to prohibit taking-off or movement towards the taking-off point, he shall raise a small red flag; (d) to prohibit landing, he shall wave a small red flag vertically above his head. (3) An aircraft wishing to land a~ night, without .being com- pelled to do so, on an aerodrome having a ground control, shall, before landing, ask permission by a signal made either by radio- telegraphy or radio-telephony or by means of a lamp or a projector, the use of the navigation lights for this purpose not being permis- sible. The visual signal, sent by International Morse Code, shall be composed of the last three letters of the registration group of the aircraft;* this signal shall be. repeated for as long as may be necessary. The reply will be given from the ground to the aircraft either by radio-telegraphy or radio-telephony or by visual signal, it being understood that when permission has been asked by visual signal the reply shall always be by visual signal. The visual signal shall consist of a repetition of the same three letter sign made with the signalling lights of the aerodrome. These signalling lights shall be constituted either by ~ group of lights arranged on a horizontal plane at the apex of an equilateral triangle, each side of which measures from one to three yards, or by a luminous beam directed at the aircraft. The colour green shall be used to give permission to land and the colour red ~to prohibit landing. PAGENO="0711" AIR LAWS AND TREATIES OF THE WORLD 705 109. Signals for aircraft not to land.-(1) At every aerôdrome,. the firing of a red pyrotechnical light or the display of a red flare from the ground, whether by day or by night and notwithstanding any previous permission, shall be taken as an instructioji to aircraft in flight that. they are not to land for the moment* and to aircraft manceuvring on the landing area that they are to stop moving. (2) At aerodromes provided with the triangular device provideà for in `sub-rule (3) of rule 108, the emission by such device of inter- mittent red lights shall, whether by day or by night and notwith- standing any previous permission, instruct aircraft in flight that they are not to land for the moment. 110. Signals for aircraft to land.-To require an aircraft to land' the following signals shall be used :- By day and by night a Series of projectiles discharged at inter- vals of ten seconds, each showing on.bursting green lights or stars. In addition, if it is necessary .to distinguish amongst several aircraft which is to land, a continuous white luminous beam~ shall be directed at that aircraft: Provided that, when the authority who desires to give the order to land is able to establish a radio-electric communication with the~ aircraft, this order may be given by using the means of communica- tion established. 111. Warning signal for prohibited areas.-To warn an aircraft. that it is in the vicinity of a prohibited area (including areas flight over which is temporarily prohibited or restricted)' and should' change its course, the following signals shall be used : - (a) By day: A series projectiles discharged at intervals of ten seconds, each showing on bursting black or white smoke. (b) By night: A series of projectiles discharged at intervals of' ten seconds, showing on bursting white lights or stars, or an inter- mittent white luminous beam directed at the aircraft Provided that, when the authority who desires to prescribe the~ change of course referred to in this rule is able to establish a radio- electric communication with the aircraft, this order may be gives. by using the means of communication established. SECTION III. GENERAL RULES FOR AIR TRAFFIC. 112. General.-(1) Subject to the provisions of sub-rule (6) of' this rule and clause (1) of rule 116, mechanically-driven aerodynes shall always give way to non-mechanically-driven aerodynes and ,to aerostats, and mechanically-driven aerostats to non-meeha-- nically-driven aerostats and. aerodynes. PAGENO="0712" 706 AIR LAWS AND TREATIES OF THE WORLD (2) An airship which is under way and which is not under con- trol (or which has voluntarily stopped its engines) shall, for the application of the rules in Section III, be classed as a free balloon. 113. Risk of colJision.-(1) When circumstances permit, an air- craft can ascertain risk of collision with another aircraft by care- fully watching the successive compass beatings and angles of eleva- tion of the latter. It shall consider that risk of collision with this other aircraft exists if neither the bearing nor the angle of elevation changes appreciably and if the distance between the two aircraft ~diminishes. The term "risk of collision" includes all risk of accident due to undue proximity of other aircraft. (2) Every aircraft which is required by these rules to give way ~to another to avoid collision, shall keep a safe distance, having Tegard to the circumstances of the case. (3) While observing the provisions relative to risk of collision contained in sub-rules (1) and (2), a mechanically-driven aircraft must always manceuvre according to the provision of sub-rules (4) and (8), as soon as it is apparent that, if it pursued its course, it would not pass clear of another aircraft. (4) When two mechanically-driven aircraft are meeting end on ~or nearly end on, each shall, without prejudice to the application of the provisions of sub-rule (1), alter its course to the right. (5) Subject to the application of the provisions of sub-rule (1) of this rule and sub-rule (3) of rule 116, when two mechanically- driven aircraft are on courses which cross, the aircraft which has the other on its own right side shall keep out of the way of the other. (6) An aircraft overtaking any other shall keep out of the way `of the overtaken aircraft by altering its own course to the right, and must not pass by diving. Every aircraft coming up with another aircraft from any direc- tion more than 1100 from ahead of the latter, i.e., in such a position with reference to the aircraft which it is overtaking that at night it would be unable to see either of that aircraft's side lights, shall be deemed to be an overtaking aircraft, and no subsequent altera- tion of the bearing between the two aircraft shall make the over- taking aircraft a crossing aircraft within the meaning of these rules, ~or relieve it of the duty of keeping clear of the over-taken aircraft until it is finally past and clear. As by day the overtaking aircraft cannot always know with ~certainty whether it is forward or abaft the direction mentioned above from the other aircraft, it should, if in doubt, assume that it is an overtaking aircraft and keep out of the way. (7) Every aircraft which is obliged by the rules in Part XII to keep out .of the way of another aircraft shall, if the circumstances of the case admit, avoid, passing over or under the other or crossing 3head of it. PAGENO="0713" AIR LAWS AND TREATIES OF THE WORLD 707 (8) Where, by any of the rules in Part XII, one of two air-~ craft is to keep out of the way, the other shall keep its course and speed. When, however, *in consequence of thick weather or any other cause, the aircraft having the right of way finds itself so close that collision cannot be avoided by the action of the giving-way aircraft alone, it shall take action as will best aid to avert collision. (9) Every aircraft in a cloud, fog, mist or other conditions of bad visibility, shall proceed with caution, having careful regard to the existing circumstances. (10) Every aircraft flying beneath `clouds shall always do so, so far as it is safe and practicable, at such a distance below the clouds. as will enable it readily to see and be seen. 114. Risk of collision on air traffic routes.-In order to obviate the increased risk of collision which exists on air traffic routes the following provisions shall be observed by aerodynes and airships~ when flying on or in the vicinity of such routes, namely :- (1) An aircraft flying by~ compass along the straight line (rhumb line) joining two points on air traffic route in common use,. shall keep such line at least 1,000 yards on its left. (2) An aircraft following, either an officially `recognized air traffic route, or a route frequented by aircraft and indicated on the ground by a line of landmarks such as a road, railway, river, canal7 coastline, etc., shall keep such route at least 300 yards on its left. (3) An aircraft shall not fly keeping on its right any of the `lines or routes referred to in rule 114, except at a distance therefrom sufficient to avoid aircraft following such lines or routes in accor-~ dance with the said rule. (4) An aircraft crossing one of the lines or routes referred to in rule 114 shall cross it at right angles as rapidly as possible. (5) In the case of pre-arranged flights in group formation, the aircraft of the leader of the group shall lead the flight in such a manner that every aircraft in the group can comply with rule 114. 115. Position of piot.-To facilitate the application of the rules' for air traffic contained in this Part, the pilot of a mechanically- driven aerodyne shall, save in exceptional circumstances, be placed either in the plane of symmetry of the aerodyne or on the left-hand side of such plane. SECTION IV. SPECIAL Rui~s FOR AIR TRAFFIC ON AND IN THE VICINITY OF ALL AERODROMES. 116. Special rules.-The following provisionF shall apply on and in the vicinity of all aerodromes, namely (1) Aircraft' about `to land on an aerodrome shall be given free~ way. PAGENO="0714" 708 AIR LAWS AND TREATIES OF THE WORLD (2), Az aircraft about to take-off shall not attempt to do so `until there is no risk of collision with another aircraft. (3) In the case of two mechanically-driven aerodynes approach.. tng an aerodrorne for the purpose' of landing, the aerodyne flying at the greater height shall be responsible for avoiding the aerodyne at the lower height, but the latter shall, if the contingency arises, com- ply with the provisions of sub-rule .~ of rule 113.. SECTION. V. SPECIAL RUT~KS FOR Am TRAFFIC ON AND IN THE VICI~~ITY OF AERODROMES OPEN TO PUBLIC USE. A.-General. 117. Extent of, applicatloL-(1.) The provisions: of Section V shall apply on and in the vicinity of aerodromes open to public use~ They concern only land~ and water aerodromes for mechanically- driven aerodynes, which are designated in the present Section by the single word "aerodynes". . . (2) Non-mechanically-driven aerodynes on and in the vicinity *f aerodromes open to public use shall comply with the. provisions of Section V as far as possible. 118. Exemptions.-The Central' Government may by special order in writing in this behalf temporarily suspend the application of all or any of the provisions of Section V withreference to any aerodrome in India which is open to public use. Where any such order is for the time being in force with respect to any . aerodrome the suspension shall be indicated by the appropriate signals provided for in sub-rule (3) of rule 105. 119. Neutral zones.-At land aerodromesy a~-ne~tral zone, situat- ed along~ the perimeter of the landing area and `.~at The approaches to the hangars, may be set apart for aerodynes manoeuvring on the ground. B.-Fligh.t over or in the vicinity of the Landing Area. 120. MinImum flying altitude.-Subject to a~ny special `local regulations which may exist: (a) flight over a landing area at a lower height than 2,000 feet is prohibited for aerodynes, save in the case of a departure or landing;' (b) every aerodyne flying outside landing area at a distance of less than 2,000 yards from the nearest poin1~ of such area shall, un- less it is flying at a greater height than 2~000 feet, keep the landing area on its left. 121. Aerial acrobatics.-Aerodynes are prohibited" from engag... ing in aerial acrobatics in the vicinity of aerodromes, at a distance of less than two miles from the nearest point of theY perimeter of the aerodronie, unless `they, are flying, at a greater height th.ii 6,000 feet. PAGENO="0715" AIR LAWS AND TREATIES OF THE WORLD 709 i2~. Landjng by radio-electric gu4e.-When an aerodyne is about to land by means of a radio-electric guide, other aerodynes, in order to avoid collision, must conform to any local rules in force which may be applicable or, in default of such rules, fly as low as possible below the clouds. 123. FIxed balloons and kltes.-No fixed balloon or kite shall be elevated in the vicinity° of an aerodrome without a special autho- rization. C.-Rules to be observed for Departures and Landings. 124. Circults.-(l) An aerodyne before landing on an aerodrome shall make a circuit or partial circuit: Provided that any Air Traffic Control Unit may, at its discre- tion, permit an aerodyne equipped with a radio apparatus capable of conducting two-way communications to make straight-in approach to land when such approach would not in the opinion of the Air- Traffic Control Unit, constitute any danger to the safe and orderly flow of air traffic or involve any risk of collision. (2) Where an aerodyne starting from or about to land on an aerodrome makes a circuit or partial circuit of an aerodrome, the turning shall be made clear of the landing area and shall be lef t- handed (anti-clockwise), so that during such circuit the landing area shall always be on its left: Provided that the turning shall be right-handed when the signal indicated in sub-rule (4) of rule 105 is displayed. 125. Direction of take-off or landiYig.-(1) Every aercdyne tak- ing off from or landing at an aerodrome shall do so upwind, except when the natural conditions of the aerodrome do not permit. If, however there is a landing T as provided for in clause (b) of sub- rule (1) of rule 105, or a line o~ lights as provided for in sub-clause (ii) of clause (d) of sub-rule (2) of rule 106, the aerodyne shall take- off or land in the direction indicated by this T (i.e., by following the direction of the long arm of the T towards the cross arm of that T) or by the line of lights. (2) Landings shall be preceded by a descent in a straight line, commencing at least 300 yards outside the perimeter of the landing area. (3) Every aerodyne landing at an aerodrome shall leave clear on its left any aerodyne which has~ already landed or is already landing, or which is taking off or about to take-off. (4) Every aerodyne taking off frcm an aerodrome shall leave clear on its left any aerodyne which is already* taking off. (5) In observing the provisions of rule 125, every aerodyne, when landing or taking off, shall leave a reasonable space on its right for other aerodynes to land or take-off. (6) At an aerodrome, taking off or landing simultaneously by two or more aerodynes, unless pre-arranged, is prohibited. (7) For the purposes of rule 125, two or more aerodynes taking off on landing simultaneously by pre-arrangement shall be regarded as a single aerodyne. PAGENO="0716" 710 AIR LAWS AND TREATIES OF THE WORLD 126. Zones for landings' and dëpartürés.-(1) l~y `way of excep- tion, at certain aerodroines the landing area may be regraded as divided into two approximately equal zones by a vertical plane bearing in the direction of departure and landing defined in sub-rule (1) of rule 125. For an observer facing in the direction towards which departures and landings are to be made, the zone on the right will be the one reserved for landings and the zone on the left the one reserved for departures. This special arrangement must be indicated by the signal provided for in sub-rule (2) of rule 105. (2) Every aerodyne landing at one of these aerodromes shall do so in conformity with the provisions of sub-rules (1)' `and (2) of rule 125, as far as possible to the left in the zone reserved for that pur- pose, but leaving clear on *its left any other aerodyne which. has already landed or which is landing. (3) Every aerodyne taking off from one of theseS aerodromes shall do so ~n conformity with the provisions of sub-rule (1) of rule 125, as far as p'ossible to the left in the zone reserved for that pur- pose, but leaving clear on its left any other aerodynes which are already taking off. 127. Take-offs.-On land aerodromes having a ground control, no aerodyne having proceeded' on to the `landing area with the intention of taking off shall take-off until it has received permission to do so by the signals prescribed in clause (b) of sub-rule (1), and clause (b) of sub-rule (2), of rule 108. D.-Rules to be observed for manceuvres on the g~cnLnd. 128. Land aerodroines.-(1) Every aerodyne moving on the ground in the landing area shall normally do so in the direction of landing. It may, however, in order to shorten its course, cross the landing area to reach its take-off point o'r the boundary, provided that, in the course of such movement, turns are always made to the left, that it gives free way to every aircraft leaving or landing, arid that it conforms to the provisions of sub-rules (4) and (8) of rule 113. (2) Water aerodromes.-The rules for land aerodromes `contain- ed in sub-rule (1) of this rule apply equally `to water aerodromes, subject however to the provision contained in rule 129. (3) On aerodromes having, a ground control, in addition to the observance of the provisions of sub-rules (1) `and (2) of this rule, no aerodyne shall proceed on to the landing area until it has received permission `to do so by the signal prescribed in clause (a) of sub-rule (1), or clause (a) of sub-rule (2), of rule 108. SECTION VI. RULES RELATING TO AIIICRAFT ON OR NEAR THE SURFACE OF THE WATER. 129. Regulations, for preventing collisions at sea.-Evèry `aircraft manceuvring under its own power on the water shall conform to the regulations for preventing collisions at `sea and' for the purposes of these regulations shall be deemed to be steam-vessel: PAGENO="0717" AIR LAWS AND TREATIES OF THE WORLD 711 Provided that- (a) in conforming with the above-mentioned regulations, it shall be borne in mind that steam-vessels in narrow channels are not able to man~uvre so as to avoid collision with aircraft; (b) the aircraft shall carry only the lights specified in Section I of this Part, and not those prescribed for steam-vessels in the regulations for preventing collisions at sea; it shall use the. sound signals specified in the above-mentioned regulations only as speci- fied in rule 103 and clause (d) of sub-rule (2) of rule 107; and it shall not be deemed to hear any sound signals; (c.) every aircraft in flight or in process of man~uvring near the surface of the water shall as far as possible keep clear of all vessels and avoid impeding the navigation thereof. SECTION VII. MISCELLANEOUS PRovIsIoNs. 130. Ballast.-The dropping of ballast other than fine sand or water from aircraft in the air is prohibited. 130A. Meteorological informa~ion.-(l) The person in charge of an aircraft flyir~g along an' international air traffic route or on a regular line or service of public air transport shall- (a) before the aircraft commences any flight, procure informa- tion concerning the general meteorological situation and the way in which it is developing; and (b) immediately before the departure of the aircraft on any flight ascertain, from such information as may be available at the aerodrome or other place of departure- (1) what meteorological conditions are expected along the routes he intends to follow during the period of the flight, and (ii) the latest observed meteorological conditions at places along the route or at places near the route where the meteorological con- ditions are likely to affect the flight. (2) Where there is a forecasting service in operation at the aerodrome of departure, the person in charge of the aircraft shall personally consult the meteorologist in charge of the forecasting service. 131. Observance of general and special rules for air traffic.-In conforming with the provisions of Sections III, IV and V of this Part, due regard shall be had to all dangers of navigation and collision and to any special circumstances which may render a departure from these rules necessary in order to avoid immediate danger. 132. Neglect in the use of lights for signals, etc.-Nothing in this Part shall exonerate any aircraft, or the owner, pilot or crew there- of, from the consequences of any neglect in the use of lights or PAGENO="0718" 712 AIR LAWS AND TREATIES OF THE WORLD signals, or of any neglect to keep a proper lookout, or of the negleàt of any precaution which may be required by the ordinary practice of the air, or by the special circumstances of the case. 133. SpecIal orders relative to navigation of aircraft in the Immediate vicinity of an aerodrome.-Nothing in this Part shall interfere with the operation of any special rule or rules approved by the Central Government and published relative to navigation of aircraft in the immediate vicinity of any aerodrome or other place, and it shall be obligatory on all owners, pilots, or crews of aircraft to obey such rules. PAGENO="0719" AIR LAWS AND TREATIES OF THE WORLD 713 PART Xff-A.--Emergency Provisions. 133A. The Flying Control Regulations and Communication Procedure, as may from time to time be prescribed by Air Head~ quarters, India, or the Director~General ~of Civil Aviation in India, and promulgated by the said Director~General in Notices to Air~ men, shall, with effect from the 1st October, 1944, apply to all civil aircraft being in or over India and shall have effect notwithstanding anything inconsistent therewith contained in the preceding Parts of these rules. PAGENO="0720" 714 AIR LAWS AND TREATIES OF THE WORLD PART XIIL-Air Transport Services. 134. Air Transport Services.-(1) Except as provided in the Air Corporations Act, 1953, (27 of 1953), it shall not be lawful for any person other than the Corporation or their associates to operate any Scheduled air transport service from to, in, or across India. (2) The Central Government may permit any air transport undertaking of which the principal place of business is in any country outside India to operate an air transport service from, to, or across India in accordance with the terms of any agreement for the time being in force between the Government of India and the Government of that country, or, where there is no such agreement, of a temporary auth,orisation by the Government of India. (3) No air transport service, other than a Scheduled air trans- port service or an air transport service, to which the provisions of sub-rule (1) or (2) apply, shall be operated except with the special permission of the Central Government and subject to such terms and conditions as it may think fit to impose in each case. Rules 135, 135A, 135B, 135C, 135E, 13SF, 136, 137, 138, 139, and 139A shall be omitted. 140. Minimum requirements to be complied with.-Any Scheduled air transport service operated by the Corporation shall comply with the safety requirements with respect to air routes, air- craft and aircrew prescribed in Schedule VIII to these rules. 140A. Director General's sanction to introduction of any new routes or alteration in any existing routes~ of Scheduled air trans- port services.-Before operating a Scheduled air transport service on a new route or making a substantial alteration in, or effecting the discontinuance of, any of the existing r.putes of such services, or introducing a new time-table for such service, the Corporation shall obtain the concurrence of the Director-General, in so far as such operation or, as the case may be, such discontinuance affects, or is likely to affect, the air route or aerodrome facilities, and give at least three days' previous notice to the DireCtor-General before the date proposed for the operation of the new route, or for the substantial alteration of an existing route or for the introduc- tion of a new time-table or, as the case may be, for the disconti- nuance of an existing route. 140B. Operations Manual.-(1) An Operations Manual in the form approved by the Director-General, shall be maintained by the Corporation. (2) The Operations Manual shall, in addition to any other relevant information contain the following that is to say :- (a) instructions outlining the responsibilities of operations per- sonnel pertaining to the conduct of flight operations, (b) the flight crew for each stage of all routes to be flown including the designation of the succession of command PAGENO="0721" AIR LAWS AND TREATIES OF THE WORLD 715 (c) in-flight procedure, (d) emergency flight procedure, (e) the minimum safe flight altitude for each route to be flown, (f) the circumstances in which a radio listening watch is to be maintained, (g) A list of the navigational equipments to be carried. (3) A copy e~f the Operations Manual, or such part of the Manual as may be prescribed by the Director-General, shall be carried in all aircraft of the Corporation engaged in Scheduled air transport services. 140C. Route Guides.-All aircraft of the Corporation engaged in Scheduled air transport services shall carry a Route Guide, which shall be in addition to any other relevant information, contain the following that is to say : - (a) communication, facilities, navigation aids and a list of aerodromes, available on the route to be flown, (b) instrument `let down' procedure for aerodromes on the route or, those likely to be used as `alternates' (c) meteorological minima for each of the aerodromes on the route to be flown and that are likely to be used as regular or alternate aerodromes, and - (d) specific instructions for computation of the quantities of fuel and oil to be carried on each route, having regard to all circumstances of the operation, including the possibility of the failure of one or more engines of the aircraft. Rules 141, 142, 143, 144, 145, 146, 147, 147A, 148, 148A, 148B, 149, 150, 151 and 152 shall be omitted. 153. Carriage of mails.-The Corporation shall cause to be carried by its Scheduled air transport services such mails as may from time to time be required to be carried from one place to another by the Director-General, Posts and Telegraphs or any person autho- rised by him in this behalf. Rul~s 154 and 155 shall be omitted. Schedules VII and IX shall be omitted. 67717 O-61--46 PAGENO="0722" 716 AIR LAWS AND TREATIES OF THE WORLD PART XIV.-GeneraL 156. Inspection.-Any person authorized by' the Central Government by special or general order in writing in this behalf may- (a) at all reasonable times: enter. any place to which access is necessary for the purpose of exercising his powers or carrying out his duties under these rules; (b) at all times during working hours enter that portion of any factory or place in which aircraft or parts of aircraft *or aeró-. engines or parts of aero-engines are being manufactured, overhauled, repaired or assembled and inspect any such factory or place, aircraft, aero-engines or parts and any drawings relating to such aircraft, aero~engines or parts; (c) at any time inspect any flying machines which is required by these rules to be certified as airworthy or in respect of which a certificate of airworthiness is in force; (d) enter,~ inspect and search any aircraft for the purpose of securing compliance with any of these rules. 157. Forgery~ etc., of documents.-No person shall fraudulently lend any licence or certificate issued under these rules or allow it to be used by any other person. 158. Foreign military aircraft-No person shall fly or land, or assist in flying or landing, any foreign -military aircraft over or in India except on or with the invitation or permission in writing- of the Central Government and on such conditions as may be specified in the invitation or permission. - 159. Obstruction of authorized persons.- No person shall volun~ tarily obstruct any person acting in the exercise of his powers or in the discharge of his duties under these rules. 160. General power to exempt.-The. Central Government may by general or special order in writing exempt any aircraft or class of aircraft or any .person or class of persons from the operation of these rules, either wholly or partially, subject to such conditions, if any, as may be specified in such order. 161. Penalties.-(1) Any persOn contravening any of these rules shall, where no punishment is provided for such contravention in the Indian Aircraft Act, 1934 (XXII of 1934), be punishable to the extent laid 5lown in Schedule VI to these rules. * It shall be a defence to any proceedings for contravention of or failure to comply with these rules if the contravention or failure is proved to have been due to accident, stress of weather or other un- avoidable cause; and it shall be a defence to any proceedings under these rules against the owner, hirer, operator, pilot or commander of an aircraft that the alleged contravention took place without his actual fault or privity. PAGENO="0723" IRAN CIVIL AVIATION ACT Approved on 19 July 1949 1 ARTICLE 1 The word aircraft, used in this Act, represents a means of transport which can derive its support in the atmosphere from the reaction of the air. ARTICLE 2 This Act relates to civil aircraft and does not cover military aircraft. ARTICLE 3 The Government has absolute and exclusive sovereignty over the air space above its territory and territorial waters. ARTICLE 4 For the creation and promotion of civil aviation the Government shall: (a) encourage and develop civil aviation organisations in order to provide for the needs of internal and external air transporta- tion of passengers, cargo and or mail; (b) organise internal air-routes so that all parts of the country may benefit from the advantages of air transportation, establish such airports as are needed, and provide the ground equipment required to insure the safety of flight; (c) help Iranian aviation organisations to establish a non- monopolistic basis the air services required; (d) foster air communication with foreign countries on a recip- rocal basis for the purpose of developing and strengthening the social and economic relations of Iran with those countries. ARTICLE 5 For the enforcement of this Act an independent Administration, to be known as the Department General of Civil Aviatiton, shall be estab- lished in the Ministry of Roads. The Department General of Civil Aviation shall be managed by a Director General who shall have the rank of Under-Secretary of State to the Minister of Roads, and shall be appointed for a period of three years by an Imperial Firman on a submission by the Council of Ministers. On the expiry of this period his appointment may be renewed in the same manner. The Depart- 1 English text supplied by Iranian Government 717 PAGENO="0724" 718 AIR LAWS AND TREATIES OF THE WORLD ment General of Civil Aviation shall act independently under the supervision of the Minister of Roads, but according to relevant admin- istrative, financial and personnel regulations; and its organization shall be determined by Decree of the Council of Ministers. The prin- cipal duties of the Department General of Civil Aviation shall be as follows: (a) creation of airports, establishment and operation of mete- orological services, and special radio, telegraphic and telephonic communications for the regulation of aircraft movements and safety of flight, and, in general, any kind of assistance necessary for the development of civil aviation and safety of flight; (b) supervision of civil aviation activities according to avia- tion regulations which are to be formulated for tile purpose of pre- venting danger, avoiding harmful competition between air opera- tors, and safeguarding public interest; (c) training of civil aviation personnel by appropriate means; (d) encouragement of industries connected with civil aviation; (e) conduct of scientific and technical studies and research into matters relating to civil aviation; (f) drafting of aviation agreements and conventions with for- eign states, which are to be submitted by the Government to Par- liament for ratification; and also attendance at international avia- tion conferences and participation in international aviation organisations, with the approval of the Council of Ministers. ARTICLE 6 A board called the Civil Aviation Board shall be established in the Ministry of Roads. It shall be composed of seven members, selected for a period of three years, as follows: two high ranking civil aviation officials, appointed by the Minister of Roads; one high ranking Judge, appointed by the Minister of Jus- tice; one senior officer of the Imperial Iranian Air Force, appointed by the Minister of War; one high ranking official of the Ministry of Com- merce and Industries appointed by the Minister of Commerce and In- dustries; one high ranking official of the Ministery of the Interior, appointed by the Minister of the Interior; and one representative of the Chamber of Commerce, appointed by the Chamber of Commerce. The duties of the Civil Aviation Board shall be as follows: (a) to study and advise on civil aviation problems referred to it by the Minister of Roads or by one of the members of the Board; (b) in accordance with Articles 17 and 18 of the present Act, to advise on the issue, revocation, or temporary suspension of operating certificates, and the limitation of the rights mentioned in any operating certificate; (c) to approve equitable tariffs for transportation by air of passengers and cargo. Note: The Statute of the Civil Aviation Board, including procedure for the holding of sessions, reference of matters to the Board, investi- gation of such matteis, issue of decisions and other questions relating to the functioning of the Board, shall be prepared by the Board and put into force as soon as it has been approved by the Council of Min- isters. PAGENO="0725" AIR LAWS AND TREATIES OF THE WORLD 719 ARTICLE 7 An Iranian aircraft is free to fly in Iran, provided it complies with the laws and regulations of the country. ARTICLE 8 A foreign aircraft may, as long as it complies with the laws and regulations of the country, fly over or land in Iran and take up or put down passengers, cargo and or mail, provided that prior specific authorization has been obtained from the Imperial Government of iran, or that authorization has been granted under an air agreement and that the government whose nationality the aircraft possesses has granted the same rights to Iranian aircraft. ARTICLE 9 Commercial transportation by air of passengers, cargo and/or mail from one point to another in the country is reserved exclusively to Iranian aircraft. ARTICLE 10 After approval of the Council of Ministers, the Department General of Civil Aviation may, for reasons of military necessity or public safety, prohibit or restrict, or subject to special conditions, the flight of Iranian and/or foreign aircraft over certain areas of Iranian territory. ARTICLE 11 An aircraft shall be deemed to possess Iranian nationality when it is regist.ered in the Aircraft Register kept in the Department Gen- era.l of Civil Aviation. The conditions for registration are as follows: a) the aircraft must not be registered in any other country, and if previously so registered its registration in that country must have been cancelled; b) the aircraft must belong to Iranian nationals, either persons or companies; c) if the owner of an aircraft is a company, the majority of the company's capital must belong to Iranian nationals and the registered office of the company must be in Iran. In companies whose capital is in the form of shares or parts of shares of equal value, the shares must be nominative. After registration, an Iranian certificate of nationality and registration shall be granted, and nationality and registration marks shall be allocated to the aircraft. ARTICLE 12 If an Iranian-registered aircraft is subsequently registered in an- other country, or if there is a change of ownership or the owner dies or changes his nationality, or if one of the conditions necessary for the registration mentioned in Article 11 of the present Act no longer exists, the registration of the aircraft and also the certificate of nationality and registration shall be deemed cancelled as from the date of such occurrence. PAGENO="0726" 720 AIR LAWS AND TREATIES OF THE WORLD ARTICLE 13 An aircraft registered in the Aircraft Register may be flown pro- vided it has a valid certificate of airworthiness. ARTICLE 14 No person may pilot an aircraft or, as a member of the crew, par- ticipate or assist in any way in operating the aircraft, nor can any person act as a flying instructor, unless he holds an appropriate and valid license. ARTICLE 15 The Department General of Civil Aviation is the only authority empowered to issue any permit relating to civil aviation or aircraft certificate, or license for aeronautical personnel, or operating cer- tificate. ARTICLE 16 The Department General of Civil Aviation may, in cases of contra- vention of any one of the provisions of the present Act or its executory regulations and irrespective of penal proceedings, revoke or tempo- rarily suspend any kind of permit or license or certificate, or limit the rights contained therein. It can also prohibit the flight of an aircraft in any circumstance where such a flight would involve danger to persons on board or persons or animals on the ground, or damage to movable or immovable property. ARTICLE 17 Any person, natural or legal, desiring to undertake commercial air transportation of persons and/or cargo in Iran, must be an Iranian national and must have previously obtained an operating certificate from the Department General of Civil Aviation. This. certificate will be granted only if the Civil Aviation Board is satisfied that the proposed undertaking is in the country's interest and is a public necessity, and when the said board is satisfied that the applicant is capable of performing such undertaking in the proper manner. If the applicant is a company, the conditions required for aircraft registration mentioned in Article 11 of the present Act are compulsory in addition to the above conditions required for the issue of an operat- ing certificate. For any other kind of commercial flight and also for the establish- ment and operation of schools for the instruction or training of aero- nautical personnel, the conditions mentioned in this Article are com- pulsory, but instead of an operating certificate a permit must have been previously obtained from the Department General of Civil Aviation. ARTICLE 18 When any one of t~e conditions necessary for the issue of any kind of operating cert.ific~te no longer exists, or the holder of such a certifi- cate fails to comply with any one of its provisions, the Department General of Civil Aviation may, on the recommendation of the Civil PAGENO="0727" AIR LAWS AND TREATIES OF THE WORLD 721 Aviation Board which will take into consideration the gravity of the contravention or its recurrence, revoke or temporarily suspend the operating certificate, or limit the rights granted therein. ARTICLE 19 Whenever the Department General of Civil Aviation requires land or building in connection with the construction of airports or for civil aviation purposes, it can take action under "The Construction and Widening of Roadways and Streets Act" approved on 23rd Aban 1312 shamsi. ARTICLE 20 The Department General of Civil Aviation may use freely any pub- lic or private property, either land, building or structure, for the in- stallation of air-navigation facilities nece~sary for the safety of flight, and has the right of entry to the said land, building or structure for tile purpose of installing, operating or maintaining tile said facilities, provided tiTat it does not prevent the normal use of such prop~rty by the occupier. If as a result of the installation, operation or maintenance of the said facilities, any damage is caused, compensation for such damage must be made by the Department General of Civil Aviation. ARTICLE 21 The Government may, upon the proposal of the Department of Civil Aviation, prohibit or restrict by decree, the erection of any building or other obstacle within a specified distance from the limits of an airport. or air-navigation facility, unless the erection of such building or obstacle does not. create danger to aircraft in flight and has been approved by the Department General of Civil Aviation. If damage is caused to any person directly and solely as the result of this prohibition or restriction, compensation for such damage must be made by the Department General of Civil Aviation. If any building or obstacle liable to be prohibited or restricted ac-. cording to this Article, existed in the vicinity of a civil airport or air- navigation facility prior t.o the enforcement of the present Act, the Government may remove or restrict it according to Article 19 of the present Act. ARTICLE 22 Regulations for the enforcement of the present Act and relating to the flight of Iranian and foreign civil aircraft., safety of flight, air- ports, nationality and registration of aircraft, airworthiness of air- craft, licenses of aviation personnel and technicians, institutions for the instruction and training of aeronautical personnel, aircraft fac- tories and maintenance organizations, air transport, aviation acci- dents, telecommunications, temporary suspension or revocation of permits, licenses, or certificates and detention of aircraft shall be pre- pared by the Department General of Civil Aviation and put into force as soon as they are approved by the Council of Ministers. PAGENO="0728" * 722 AIR LAWS AND TREATIES OF THE WORLD ARTICLE 23 Any person who, with the intention of causing danger to an aircraft or to persons on board, exhibits a false aviation sign or signal in such a manner that it is likely to be mistaken for a true aviation sign or signal, or who renders an existing aviation sign or signal unservice- able, or who puts obstacles in the way of an aircraft, or who gives wrong information, or who takes any action in order to cause danger to an aircraft or to persons on board, shall be subject to disciplinary imprisonment of not less than 6 months and not more than three years; and if death or. injury results he shall also be subject. to the penalty laid down for the crime. In such cases the heavier penalty shall be imposed. ARTICLE 24 Any person who knowingly pilots an aircraft with false nationality and registration marks, or knowingly pilots outside Iran an aircraft with Iranian nationality marks to which it has no right, shall be sub- ject to disciplinary imprisonment of not less than 6 months and not more than 3 years. ARTICLE 25 Any person who knowingly pilots an aircraft without nationality and registration marks shall be subject to disciplinary imprisonment of not less t.han 3 months and not more than one year. ARTICLE 26 Any person who deliberately pilots an aircraft over Iran without authorization when, according to the present Act, the flight of the aircraft in Iran requires prior authorization from the Government, or who deliberately pilots an aircraft over prohibited areas or flies without complying with the limitations fixed or conditions required when, according to the present Act, the flight of aircraft over cer- tain areas of the territory is prohibited, limited or subject to special conditions, shall be subject to a fine of not less than two thousand Rials and not more than twenty thousand Rials, or to disciplinary im- prisonment of not less than 2 months and not more than one year, or to both. And if, according to other laws a heavier penalty is prescribed for such an act, the heavier penalty will be imposed. ARTICLE 27 Any person who, with the intention of undertaking commercial air transportation, carries passengers, cargo and or mail in a foreign aircraft from one point in the country to another, shall be subject to a fine of not less than two thousand Rials and not more than twenty thousand Rials, or to disciplinary imprisonment of not less than two months and not more than one year, or to both. ARTICLE 28 The following persons shall be subject to a fine of not less than one thousand Rials and not more than ten thousand Rials, or to disciplinary PAGENO="0729" AIR LAWS AND TREATIES OF THE WORLD 723 imprisonment, of not. less than 2 months and not. more than six months, or to both a) any person who engages in commercial air transportation of persons, cargo and or mail without an operating certificate; b) any person who engages in an~ other kind of commercial flight, or establishes and operates a school for training civil avia- tion personnel without a permit from the Department General of Civil Aviation; c) any person who pilots an aircraft or, as a member of the crew, participates or assists in any way in operating an aircraft, or who acts as a flying instructor without the appropriate license; d) any person who pilots an aircraft without a certificate of airworthiness, or with one the validity of which has expired. ARTICLE 20 Juridical relations between persons on board an aircraft flying over Iran are subject to the laws of the country whose nationality the air- craft possesses in questions in which territoria.l jurisdiction would normally have, been competent. ARTICLE 30 Offences and crimes committed on board an Iranian aircraft abroad shall be dealt with under Iranian penal law whenever the accused is arrested in Iran or the accused of foreign nationality is not extradited by the Iranian Government, or whenever the accused is extradited to Iran as the result of committing that offence or crime. ARTICLE 31 Offences and crimes committed on board foreign aircraft in flight [shall be] within the competence of Iranian courts only in the fol- lowing cases: a) when the offence or crime is against public order or security; b) when the accused or the victim is of Iranian nationality; c) when the aircraft lands in Iran following the perpetration of the offence or crime. The competent court in anyone of the above cases will be that at the place where the aircraft has landed or the accused is arrested. ARTICLE 32 WTheii an offence or crime is committed 011 board an aircraft flying over Iran or on board an Iranian aircraft flying abroad, the pilot- i11-COmflland of the aircraft shall, according to the provisions of the Penal Proceclude Act, carry out preliminary inspections and investi- gations and collect and secure proofs and evidences of the offence or crime, and, in cases of necessity, may temporarily arrest suspects, examine passengers and crew, and seize objects which may be evidence of the offence or crime. For the investigation of offences and crimes and preliminary in- spection in conformity with this Article, the pilot-in-command of an aircraft is to act as a constable of the Ministry of Justice and is vesLed PAGENO="0730" 724 AIR LAWS AND TREATIES OF THE WORLD with all the duties assigned to a police commissioner according to Chapter II of the Penal Procedure Act. ARTICLE 33 After the landing of an aircraft in which, according to Article 32 of the present Act, an offence or a crime has been committed, the pilot-in-command shall make out a written report on the offence or crime and on the preliminary action he has taken, and send it to the Department General of Civil Aviation. Furthermore if the aircraft lands in Iran the pilot-in-command shall immediately inform the public prosecutor in the place where the aircraft has landed or his deputy of the offence or crime, the result of the inspections and in- vestigations, and the actions taken, and shall surrender to the public prosecutor or the investigator the accused or the suspect with any proofs or evidence gathered, and shall then refrain from further action. In the case of an Iranian aircraft landing abroad after an offence or crime has been committed on board, the pilot-in-command shall notify the Iranian consul in the district in which the aircraft has landed and obtain his instructions. * ARTICLE 34 Contraventions of the provisions of the executory regulations of the present Act shall entail a fine of not more than ten thousand Rials and disciplinary imprisonment of not more than two months. The amount of the fine and the term of imprisonment for each contravention shall be fixed by regulations proposed by the Ministries of Justice and Roads and approved by the Council of Ministers. ARTICLE 35 Offences and crimes mentioned in the present Act shall be dealt with immediately and without consideration of turn both in penal stages and in competent courts. PAGENO="0731" IRELAND Number 40 of 1936. AiR NAVIGATiON AND TRANSPORT ACT, 1936. 725 PAGENO="0732" 726 AIR LAWS AND TREATIES OF THE WORLD AIR NAVIGATION AND TRANSPORT ACT 1936 (No. 40) ARRANGEMENT OF SECTIONS. PART I. PRELIMINARY AND GENERAL. Section. 1. Short title. 2. Definitions. 3. Application of Act to State aircraft. 4. Saving for lighthouse authorities. 5. General provisions in relation to Orders made by th~ Executive Council. 6. Regulations. 7. Fees. 8. Repeal of Air Navigation Act, 1920. 9. Expenses. PART II. PROVISIONS IN RELATION TO THE PARIS CoNvENTIoN. 10. Power to give effect to the Paris Convention. 11. Power to apply Paris Convention to internal flying. 12. Special provisions ~hicth may be made by Order of the Executive Council. 13. Power to compel compliance when aircraft disobeys signals. 14. Expenses of International Commission for Air Navigation, etc. 15. Continuance of orders and regulations made under Part I of the Air Navigation Act, 1920. 16. Continuance of existing certificates and licences. PART III. CARRIAGE BY AIR. CHAPTER I.. Internatioival Carriage b~y Air. 17. Warsaw Convention to have the force of law in Saorstát Eireann. 18. Liability of carrier in the event of the death of a passenger. 19. Actions against High Contracting PartiQs who undertake carriage by air. PAGENO="0733" AIR LAWS AND TREATIES OF THE WORLD 727 CHAPTER II. Carriage by air which is not international. Section. 20. Application of Ohapter I of this Part of this Act to carriage by air which is not international. PART IV. LIABILITY IN RESPECT OF DAMAGE CAUSED BY AIRCRAFT TO PERSONS AND PROPERTY ON LAND OR WATER, SuRvIv~ OF CAUSES OF ACTION ARISING OUT OF SUCH LIABILITY, LIMITATION OF SUCH LIABILITY, AND COMPULSORY INSURANCE BY OWNERS OF AIRCRAFT AGAINST SUCH LIABILITY. CHAPTER I. Liability in Respect of Damage Caused by Aircraft to Persons or Property on Land or Water. 21. Liability for damage caused by aircraft to persons or pro- perty on land or water. CHAPTER II. Survival of Causes of Action arising out of Liability in Respect of Damage Caused by Aircraft to Persons and Property on Land or Water, IAntitation of su~ch Iiiability and Compulsory Insurance by Owners of Aircraft against such Liability. 22. Commencement of Chapter II of Part IV. 23. Survival of cause of action in respect of loss or d~image caused by aircraft to persons and property on ~an~! or water. 24. Limitation of liability for damage caused by aircraft to persons and property on land or water. 25. Obligation of owners of aircraft to be insured against cer- tain third party risks. PAGENO="0734" 728 AIR LAWS AND TREATIES OF THE WORLD Section. 26. Hirers of aircraft to be treated as owners in certain cir- cumstances. 27. Approved aircraft insurer. 28. Certificate of insuranee. 29. "Exempted persons ". 30. Deposits by exempted persons. 31. Payment of judgment debts out of deposit. 32. Release of deposits. 33. Regulations for purposes of Part IV. CRAPPER ifi. Prcn~isio% in relation to the Rome Convention. 34. Commencement of Chapter III of Part IV. 35. Provision for giving effect to the Rome Convention. PART V. ESTABLISHMENT AND MAINTENANCE OF AERODROMES BY THE MnqisT,~.1~ FOR INDUSTRY AND COMMERCE AND Loe~u~ AUTHORITIES, AND AcQUISI TION o~' LAND, ~PC., FOR THOSE PURPOSES. 36. Extension of meaning of " the purposes of this Part of this Act ". 37. Power of Minister and local authority to establish and maintain aerodromes. 38. Power of local authorities to carry on businesses in con- nection with aerodromes. 39. Right of entry on land by the Minister and looal authorities. 40. Acquisition by the Minister of land by agreement. 41. Compulsory acquisition of land, etc., by the Minister. 42. Disposal of surplus land by the Minister. 43. Acquisition of land by local authorities. 44. Modification of procedure for acquisition of land. 45. Interference with right of navigation and other rights. 46. Interference with public roads and bridges. 47. Protection of public roads and bridges. 48. Contributions by a local authority or conservancy or harbour authority to local authority maintaining an aerodrome and provisions in relation to management of such aerodrome by a joint committee. PAGENO="0735" AIR `LAWS AND TREATIES OF THE WORLD 729 Section. 49. Borrowing by, local authorities. 50. Expenses of local authorities. 51. Expenses of conservancy and harbour authorities. 52. Appointment of `officers by local authorities. 53. Provisions in relation to land belonging to the State. 54. Saving of rights, etc., of Minister, for Posts and Telegraphs. PART VI. TRESPASS AND NuIsANCE BY AIRCRAFT, AND DANGEROUS FIJYTN~ 55. Restrictions on actions for damages in respect of trespass or nuisance by aircraft. 5B. Penalty for dangerous flying. PART VII. ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS. 57. Wreck and salvage. 58. Applieation to seaplanes of certain provlsions of the Merchant Shipping Acts, relating to collisions at sea and signals of distress. 59. Power of conservancy and harbour authorities to make bye-laws for regulation of seaplanes when on the surface of the water. 60. Investigation of accidents. 61. Infringement of patents. 62. Jurisdiction. 63. Detention of aircraft. 64. Enforcing detention of aircraft. 65. Other provisions in relation ~to detained aircraft. 66; Information as to air transport undertakings and use of customs aerodromes.. 67. Conveyance of mails. PART VIII. THE COMPANY, SUBSIDIARY COMPANIES AND AER LTNGUS, `l'EORANTA. 6& Formation and registration of the Company. 69. Loan to Company to pay expenses of formation. PAGENO="0736" 730 AIR LAWS AND TREATIES OF THE WORLD Section. 70. Issue of share capital of the Company. 71. Acquisition of shares by Minister for Finance by sub- scription. 72. Underwriting by the Minister for Finance of issue of shares. 73. Powers of the Minister for Finance as shareholder. 74. Powers of Minister for Finance in respect of shares held by him. 75. State guarantee of debentures of the Company. 76. Advance of moneys out of the Central Fund. 77. Payment of dividends, etc., into tihe Exchequer. 78. Alteration of Memorandum and Articles of Association of the Company. 79. Subsidiies. 80. Loan by the Company to Aer Lingua, Teoranta. 81. Obligation to furnish balance sheets, etc., to the Minister for Finance. 82. Inspection of books and documents of the Company, Aer Lingua, Teoranta, and subsidiary companies. 83. Non-application of Control of Manufactures Acts. 1932 and 1934. PART IX. REsTRICTIoN ON SERVICES FOR INTERNAL CARRIAGE BY AIR OF PASSENGERS AND GOODS. 84. Restriction on carriage by air of passengers and goods ~etween p'aces within Saorstát Eireann. PART X. CoNmoL .&~m REGULATION OF CERTAIN CI~AssEs OF AVIATION BUSINESS. 85. Definitions for purposes of Part X. 86. The appointed day for the purposes of Part X. 87. Prohibition of carrying on aviation business of a class to which Part X applies by unlicensed persons. 88. Application for aviation business licences. 89. Grant of aviation business licence. PAGENO="0737" AIR LAWS AND TREATIES OF THE WORLD 731 Section. 90. Operation of aviation business licence. 91. Attach~t~u~ of conditions to aviation bmshiess licence. 92. Amendment of conditions of aviation business licence. 93. Breach of conditions attached to aviation business licence. 94. Commencement and duration of aviation business licence. 95. Application for renewal of aviation business licence. 96. Grant of renewal of aviation business licence. 97. Duration of renewal of aviation business licence. 98. Revocation of aviation business licence. 99. Transfer of aviation business licence. 100. Death of licensee under aviation business licence. 101. Furnishing of information and verification by applicants for grant, renewal and transfer of aviation business licences. 102. Fees on grant, etc., of aviation business licence. 103. Accounts and returns by licensees under aviation business licences. FIRST SCHEDULE. INTERNATIONAL CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO INTERNATIONAL CARRIAGE BY Au~. SECOND SCHEDULE. CONDITIONS TO \VHICH THE COMPANY IS TO Co~oRM. 07717 o-~i--47 PAGENO="0738" 732 AIR LAWS AND TREATIES OF THE WORLD AN ACT TO MAKE FURTHER AND BETTER PROVISION IN RELATION TO THE REGULATION OF AIR NAVIGA- TION AND TRANSPORT, AND TO PROVIDE FOR OTHER MATTERS CONNECTED THEREWITH. [14th August, 1936.] BE IT ENACTED BY THE OIREACHPAS OF SAORSTAT EIREANN AS FOLLOWS:- PART I. PRELIMINARY AND Gm~rmw~. 1.-This Act may be cited as the Air Navigation and Transport Short title. Act, 1936. 2.-(1) In this Act- Definitieiis. the expression " the Minister" means the Minister for Industry and Commerce; the expression "the Paris Convention " means the International Convention relating to the regulation of aerial navigation done at Paris on the 13th day of October, 1919, and includes any amendment to the said Convention which may be made under Article 34 thereof; the expression " the Warsaw Convention " means the Inter- national Convention for the unification of certain rules ~eJoting to international carriage by air which wan signed at Warsaw en the 12th day of October, 1929, and came into force in respect of Saorstát Eireann on the 19th day of December, 1935; the expression "the Rome Convention " means the International Convention for the unification of certain rules relating to damage caused by aircraft to third parties on the surface which was signed at Rome on the 29th day of May, 1933, and includes any amendment to the said Convention to which Saorstát Eireann is a party; PAGENO="0739" AIR LAWS AND TREATIES OF THE WORLD 733 the word " aircraft "includes all balloons, whether fixed or free, kites, gliders, airships and flying machines; the word" airship " means an aircraft using gas lighter than air as a means of support, and having means of propulsion; the word "balloon "means an aircraft using gas lighter than air as a means of support and having no means of propulsion; the word "seaplane " includes a flying beat and any other aircraft designed to inaneuvre on the wiaters; the expression " State aircraft " means military aircraft and every aircraft exclusively employed in State services, including postal, customs, and police services; the expression " Saorstát Eireann aircraft" means aircraft registered in Saorstát Eireann; the expression " foreign aircraft " means aircraft which is registered in a country other than Saorstát Eireann; the word" goods "includes mails and animals; the word " aerodrome" means any definite and limited area (including water) intended to he used, either wholly or in part, for or in connection with the landing or departure of aircraft; the word "land "includes land covered with water, any harbour, any part of the territorial waters of Saorstát Eireann, foreshore, any easement, water-right, fishing right or other of whatsoever kind right in over or in respect of land or water, but does not include land whieh belongs to Saorstát Eireann by virtue of Article 11 of the Constitution; the expression" policy of insurance "includes a covering note; the expression" the Company "means the Company to be formed and registered under Part VIII of this Act; the expression " subsidiary company" means an air transport company in which more than one half of the issued share capital thereof is held by the Company; the expression " local authority " means a body which is- (a) the council of a county or other borough, or (b) the council of a county, or (c) the council of an urban district; the expressions " conservancy authority " and: "harbour authority " have the same meanings respectively as in section 742 of the Merchant Shipping Act, 1894; PAGENO="0740" 734 AIR LAWS AND TREATIES OF THE WORLD the word "prescribed" where it occurs in Part U of this Act means prescribed by order made by the Executive Council under the said Part II; the word "prescribed" (except in Part II of this Act) means prescribed by regulations made by the Minister under this Act. (2) References in this Act to any country or territory (includ ing Saorstát Eireann) shall, unless the context otherwise requires be construed as including reference to the territorial waters (if any) adjacent to such country or territory-. 3.-(l) Subject to the provisions of this section, this A~t Application of (except Part III thereof) shall not apply to any State aircraft. Act to State (2) The Executive Council may by order direct that such pro- visions of this Act (except Part III thereof) or any oi~d~r or regulations made thereunder as may `be specified in such order shall, with or without modifications, apply to State aircraft, and i~henever any such order is made `and is in force, such of the said provisions as may be specified in such order shall, subject to su'ch modifications (if any) as may be specified therein, have, the force of law in Saorstát Eireann. 4.-Nothing in this Act or any order or regulation made there- ~aving for * . . . lighthouse under shall pre3udice or affect the rights, powers or privileges authorities. of any general or local lighthouse authority. 5.-(1) An order made by the Executive Council under this General provisions Act may be made applicable to any aircraft in or over Saorstát in relation to Eireann or to Saorstát Eireann aircraft wherever they may be. Orders made by the Executive Council. (2) An order made by the Executive Council under this Act may authorise the Minister to make regulations for carrying out the purpOses of such order in respect of such matters and things as may be specified in such order. (3) An order made by the Executive Council under this Act may contain such incidental, supplementary and consequential provisions as appear~to the Executive Council to be' necessary or expedient for the purposes of such order. (4) An order made by the Executive Council under this Act may provide that any breach or contravention of such order shall PAGENO="0741" AIR LAWS AND TREATIES OF THE WORLD 735 be an offence triable summarily and prescribe the punishments which may be inflicted by courts of summary jurisdietion on persons convicted by such courts of any such offence, but so that no such punishment shall exceed imprisonment for a term of six months or a fine of two hundred pounds or both such imprison- ment and fine. (5) The Executive Council may by order under this sub-section revoke or amend any order made by the Executive Council under this Act including an order made under this sub-section. (6) Every order made by the Executive Council under this Act shall be laid before Dáil Eireaim as soon as may be after it is made, and if a resolution annulling such order is passed by Dáil Eireann within the next subsequent twenty-one days on which Dáil Eireann has sat after such order is so laid before Dáil Eireann, such order shall be annulled accordingly but without prejudice to the validity of anything previously done under such order. 6.-The Minister may by order make regulations in relation Regulations. to-. (a) any matter or thing referred to in this Act (except Part TI thereof) as prescribed; (b) any matter or thing in respect of which the Minister is authorised, by an order made by the Executive Council under this Act, to make regulations for carrying out the purposes of such order; (e) any matter or thing which the Minister is by this Act autliorised to prescribe by regulations made under this Act. 7.-The followiri~ provisions ~hall have effect in relation to all FeeL fees payable under this Act, that is to say:- (a) such fees shall be collected in money and taken in such manner as the Minister for Finance may from time to time direct, and shall he paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance; and (h) the Public Offices (Fees) Act, 1879, shall not apply in respect of such fees. PAGENO="0742" 736 AIR LAWS AND TREATIES OF THE WORLD 8.-The Air Navigation Act, 1920, is hereby reipealed. Repeal of Air Navigation Act, 1920. 9.-A'l expenses incurred by the Minister for Finance in the Expenses. ~xeeiition of this Act and all expenses so incurred by the Minister for Justice, the Minister for Local Government and Public Health, the Minister for Posts and Telegraphs, and the Minister, to such extent as may be sanctioned by the Minister for Finance, shall, if not otherwise provided for under this Act, be paid out of moneys provided by the Oireachtas. PART II. PROVISIONS IN RELATION TO THE PARIS CONVENTION. 10.-The Executive Council may from time to time make such orders as appear to them neces.sary or expedient for carrying mt the Paris Convention and for giving effect thereto or to any ~if the provisions thereof, and every such order shall have the force of law in Saorstát Eireann. 11.-The Executive Council ma.y from time to time by order direct that the provisions of the Paris Convention for the time being in force, or any of them, and whether or not those pro- visions are limited to aircraft of any special description or engaged in any special kind of navigation, shall apply to or in relation to any aircraft in or over Saorstát Eireann and when- ever any such order is made such of the said provisions as are specified in such order shall apply to or in relation to any air- craft in or over Saorstát Eireann. Power to give effect to the Paris Convention. Power to apply Paris Convention to internal flying. 12.-Without prejudice to the generality of the powers eon- Special provi~'ons ferred by the two immediately preceding sections, the Executive which may be Council may by order made under either of the said sections ~ 0 make provision- Council. (a) prescribing the authority by which a.riy of the powers exercisable under the Paris Convention by a con- tracting State or by any authority therein are to be exercised in Saorstát Eireami; (b) for the licensing, inspection, and regulation of aero- dromes, for access to aerodromes and places where aircraft have landed, for access to aircraft factories for the purpose of inspecting the work therein carried on, for prohibiting or regulating the use of unlicensed aerodromes, and for the licensing of personnel employed at aerodromes in the inspection or super- vision of aircraft; PAGENO="0743" AIR LAWS AND TREATIES OF THE WORLD 737 (c) as to the manner and conditions of the issue and renewal of any certificate or licence required by the order or by the Paris Convention, including the examination and tests to be undergone, and the form, custody, pro- duction, cancellation, suspension, endorsement and surrender of any such certificate or licence; (d) as to the registration of aircraft in Saorst~t Eireann; (e) as to the conditions tmder which aircraft ~nay be used for carrying passengers and goods; (f) as to the conditions under which aircraft may pass, or passengers or goods may he conveyed by aircraft, into or from Saorstát Eireann or from one part of Saorstfit Eireann to another; (g) exempting from the provisions of the order or of the Paris Convention, or any of them, aircraft flown for experimental purposes, or any other air,craft or per- sons where it appears that the same shoi~ld not wpply; (h) prescribing the scales of charges at licensed aerodromes; (i) appointing any area to be a prohibited area for the purposes of the order; (j) prescribing the fees to be paid in respeet.of the grant of any certificate or licence or otherwise for the purposes of the order or the Paris Convention; (k) supplementing the Paris Convention, in such manner as appears necessary or convenient by regulations designed to promote the safety of aircraft and of persons and property carried therein, and to prevent aircraft endangering other persons and property; (T) for the control and regulation of aerial lighthouses. lights at or in the neighbom~hood of aerodromes and aerial lighthouses arid lights which are liable to endanger aircraft; PAGENO="0744" 738 AIR LAWS AND TREATIES OF THE WORLD (m) regulating the making of signals and other communica- tions by or to aircraft and persons carried therein, and regulating the use of any ensign established for purposes connected with air navigation; (n) prescribing any matter or thing referred to in this Part of thi~ Act as prescribed. 13.-If any aircraft flies or attempts to fly over any area Power to compel appointed as a prohibited area under or by virtue of an order made under this Part of this Act or enters or attempts to enter ~imals Saorst~t Eireann in contravention of any such order, the follow- ing provisions shall have effect. that is to say:- (a) it shall be lawful for any officer designated for the purpose by such order to cause such signal as may he prescribed by such order to he given, and (h) if, after such signal has been given, the aircraft fails to respond to such signal by complying with the pro- visiens of such order prescribing the action to he taken on such signal being given, it shall be lawful for such officer to fire at or hi-to such aircraft and to use any and every other means at his disposal to compel com- pliance (c) no action or other le.~al proceedin~rs whatsoever, whether civil or criminal, shall be instituted in any court in Saorstfrt Eireann in respect of the doing of anything authorised to he done by any such officer under this section. whether such thing is done per- sonally or by a person acting in aid of or under the direction of such officer. 14.-Any sums required for the contribution from Saorstát Fxpeses of Eireann for the organisation and operations of the International l~1t~r,itmoua1 Commission for Air Navigation set u~ under the Paris Convention ~hhb0!1~01 for or occasioned by the sending of delegations shill be paid by the I tion Mhiister out of moneys provided by the Oireaehtas. PAGENO="0745" AIR LAWS AND TREATIES OF THE WORLD 739 15.-Every order and regulation made under Part I of the Air CoIltiflUall('S of Navigation Act. 1920, and in force at the passing of this Act shall orders ~nd regu1ations~ he deemed for the purposes of this A.ct to be made under this Part made under of this Act and may accordingly be amended or revoked by an order Part I of the Air of the Executive Council, and, until so revoked and subject to any Navigation Act, such amendment, shall continue in force. 1920. 16.-Every certificate and licence granted under the Air Naviga- Continuance of tion Act 1920 or under aiiy order or regulations made thereunder existing certmficateg arni and in force at the date of the passing of this Act shall contmue rn licences. force and shall be deemed, for all purposes, to have been granted under this Act or such order or regulation. PART III. CARRIAGE BY Am. CHAPTER I. international Carriage by Air. 17.-(l) The provisions of the Warsaw Convention as set out Warsaw in the First Schedule to this Act shall, so far as they relate to the Convention to rights and liabilities of carriers, passengers, consignors, consignees ja~t0f and other persons, and subject to the provisions of this section and ~ireann. the next following section, have the force of law in Saorstát Eireann in relation to any carriage by air to which the Warsaw Convention applies, irrespective of the nationality of the aircraft performing that carriage. (2) The Executive Council may by order from time to time certify who are the High Contracting Parties to the Warsaw Convention, in respect of what territories they are respectively parties, aiid to what extent they have availed themselves of the Additional Protocol to the Warsaw Convention, and any such order shall, except in so far as it has been superseded by a subsequent order under this sub-section, be conclusive evidence of the matters so certified. (3) Any reference in the First Schedule to this Act to the terri- tory of any High Contracting Party to the Warsaw Convention shall be construed as a reference to the territories subject to his sovereignty, suzerainty, mandate or authority, in respect of which he is a party. (4) Any sum in francs mentioned in Article 22 of the First Schedule to this Act shall, for the purposes of an action againet PAGENO="0746" 740 AIR LAWS AND TREATIES OF THE WORLD the carrier, be converted into the currency of Saorstát Eireann at the rate of exchange prevailing on the date on wiiich the amount of any damages to be paid by the carrier is ascertained by the court. (5) For the purposes of this section references to agents in the First Schedule to this Act shall be construed as including references to servants. 18.-Any liability imposed by Article 17 of the First Schedule Liability of to this Act on a carrier in respect of the death of a passenger shall carrier in the be in substitution for any liability of the carrier in respect of the event of the dea~ ot a passenger. death of that passenger under any statute or at common law, and the following provisions shall have effect with respect to the persons by and for whose benefit the liability so imposed is enforceable and with respect to.the manner in which it. may be enforced, that is to say :- (a) the liability shall be enforceable for the benefit of such members of the passenger's family as sustained dainage~~ by reason of his death; (b) for the purposes of paragraph (a) of this scctiori- (i) the expression " member of a family" meaiis wife or husband, parent, stepparent, grandpa rent. brother, sister, half-brother, half-sister, child, step- child, grandchild, (ii) in deducing any relationship any illegitimate person shall be treated as being, or as having been the legitimate child of his mother and reputed father; (c) an action to enforce the liability may be brought by the personal representative of the passenger or by any person for whose benefit the liability is under paragraph (a) of this section, enforceable, but only one action shall be brought in Saorstát Eireann in respect of the death of any one passenger and every such action by whom- soever brought shall be for the benefit of all such persons so entitled as either are resident in Saors'tát Eireann or, not being resident there, express a desire to take the benefit of the action; ul) the amount which may be recovered in any such action shall not exceed the actual and the prospective loss resulting from such death to the members of the passenger's family; PAGENO="0747" AIR LAWS AND TREATIES OF THE WORLD 741 (a) subject to the provisions of paragraph (f) of this section, the amount recovered in any such action, after deducting any costs not recovered from the defendant, shall be divided between the persons entitled in such pro- portions as the judge before or by whom such action is tried shall determine and direct; (f) the court before whom, any such action is brought may at any stage of the proceedings make such order as appears to the court to be just and equitable in view of the pro- visions of the First Schedule to this Act limiting the liability of a carrier and of any proceedings which have been, or are likely to be, commenced outside Saorstát Eireann in respect of the death of the pas- senger in question. 19.-(1) Every High Contracting Party to the Warsaw Con- vention ~ho has not availed himself of the provisions of the Additional Protocol thereto shall, for the purposes of any action brought in a Court of Saorstát Eireann in accordance with the pro- visions of Article 28 of the First Schedule to this Act to enforce a claim in respect of carriage undertaken by him, be deemed to have submitted to the jurisdiction of that Court, and accordingly rules of court may provide for the manner in which any such action is to be commenced and carried on. (2) Nothing in this section shall authorise the issue of execution against the property of any High Contracting Party. CHAPTER Ii. Ca~ria~ge bt, air whi~ch is -not inte,~natf one?. 20.-The Executive `Council may by order apply the provisions of the First Schedule to this Act and any provision (other than the immediately preceding section) of Chapter 1 of this Part of this Ac.t to such carriage by air, not being international carriage by air as defined in the said First Schedule as may he specified in such order. subject however to such exceptions, adaptations and modifications as may be specified in such order, and wherever any such order is made the provisions of the said First Schedule and any provision of the said Chapter I specified in such order shall, subject however to such exceptions, adaptations and modifications (if any) as may be specified in such order Actions against High Contracting Parties who undertake carriage by air. Application Chapter I of this Part of this Act to carriage by air which is not international. PAGENO="0748" 742 AIR LAWS AND TREATIES OF THE WORLD have the force of law in Saorstát Eireann in relation to any carriage by air, not being international carriage by air as so defined, specified in such order. PART IV. LIABILITY. IN RESPECT o~ DAMAGE CAUSED BY AIRCRAFT TO PERSONS AND PROPERTY ON L~m oa WATER, S~Ji~vIvAL OF CAUSES OF ACTION ARISING OUT OF SUCH LIABILITY, LIMITATION OF SUCH LIABILITY, AND COMPULSORY INSURANCE BY OWNERS OF AIRCRAFT AGAINST SUCH Lu~rrITY. CHAPTER I. Iiiability `i~n Respect of TMmiege Ca~used by Aircraft to Persons or Property on Land or Water. 21.-(1) Where material damage or loss is caused to any Liability for persons or property on land or water by, or by any person in, damage caused b or any article or person falling from an aircraft while in flight, aircraft to taking off or landing, the following provisions shall have effect, ~ ~ thst is to say or water. (a) damages shall be recoverable from the owner of such aircraft in respect of such damage or loss, without proof of negligence or intention or other cause of action, as though the same had been caused by his wilful act, neglect, or default, except where the damage or loss was caused by or contributed to by the negligence of the person by whom the same was suffered; (b) where such damage or lo~ is caused in circumstances in which- (1) damages are recoverable from such owner in respect of such damage or loss by virtue only of the preceding provisions of this sub-section, and `ii) a legal liability is created in some person, other than such owner, to pay damages in respect of such damage or loss, such owner shall be entitled to be indemnified by that other person against any claim in respect of such damage or loss. PAGENO="0749" AIR LAWS AND TREATIES OF THE WORLD 743 (2) Where- (a) any aircraft has been bona-fide demised, let or hired out for a period exceeding fourteen days to any other person by the owner thereof, and (b) no pilot, commander, navigator, or operative member of the crew of such aircraft is in the employment of such owner, sub-section (1) of this section shall have effect as if for references thQrein to the owner there were substituted references to the person to whom the aircraft has been so demised, let or hired out. (3) Nothing in this section shall affect the operation of Part UI of this Act or any contract for the carriage of passengers or goods by air in so far as the contract provides for determining or limit- ing the liability of the carrier thereunder. CHAPTER II &trvivai of Causes of Action arising out of Liabiliti, in Respect of Dasaage Caus&L by Aircraft to Persons and Property on Land or Water, iamitartion of suoh liability and Compulsory Insuraiiu~e by Owners of Aircraft against such Liability. 22.-This Chapter of this Part of this Act shall come into operation on such day as may be fixed therefor by order of the Minister. 23.-(1) This section applies to every cause of action in respect of loss or damage which, after the commencement of this Chapter of this Part of this Act, is caused to persons or property on land or water, by, or by a person in, or an article or person falling from, an aircraft while in flight, taking off, or landing. (2) Subject to the provisions of this section, on the death of aily person after the commencement of this Chapter of this Part of this Act, every cause of action to which this section applies subsisting against, or vested in him, shall survive (as the case may be) against, or for the benefit of his estate. (3) Where- Commencement of Chapter II of Part IV. Survival of cause of action in respect of loss or damage caused by aircraft to persosis and property on laud water. * (a) a cause of action to which this section applies survives, by virtue of the immediately preceding sub-section, for the benefit of the estate of a deceased person, and PAGENO="0750" 744 AIR LAWS AND TREATIES OF THE WORLD (b) the death of such person has been caused by the circum- stances which gave rise to such cause of action, the damage recoverable for the benefit of his estate shall be cal- culated without reference to any loss or gain to his estate con- sequent on his death, except that a sum in respect of funeral expenses may be included. (4) No proceedings shall be maintainable in respect of a cause of action which, by virtue of this section, has survived against the estate of a deceased person unless either- (a~) proceedings against him in respect of such cause of action were pending at the date of his death, or (b) such cause of action arises not earlier than six months before his death and proceedings are taken in respect thereof not later than six months after his personal representative took out administration. (5) Where damage has been suffered by reason of any circum- stances by .reason of which a cause of action to which this section applies would have subsisted against any person if that person had not died before or at the same time as the damage was suffered, there shall be deemed, for the purposes of this section, to have been subsisting against him before his death such cause of action by reason of those circumstances as would have subsisted if he had died after the damage was suffered. (6) In the event of the insolvency of an estate against which pro- ceedings are maintainable by virtue of this section, any liability in respect of the cause of the action in respect of which such pro- ceedings are maintainable, shall be deemed to be a debt provable in the administration of the estate, notwithstanding that it ~is a demand in the nature of unliquidated damages arising otherwise than by contract or promise. 24.-(l) Subject to the provisions of this section, a person or, I~iinitatioi of as the case may be, his estate shall not, in respect of loss or liability for damage which after the commencement of this Chapter of this ~0i~ag0 caused by aircraft to Part of this Act, is without any gross negligence or wilful mis~ persons aini conduct on his part and without any gross negligence or wilful property on land misconduct (to which he was privy) on the part of hi~ servants or water. or agents, caused on any one occasion to persons or property on land or water by, or by a person in, or an article or person fal- ling from, any one aircraft while in flight, taking off, or landing, be liable to pay by way of damages an amount exceeding in the aggregate- PAGENO="0751" AIR LAWS AND TREATIES OF THE WORLD 745 (a) in case suth aircraft is an airship, twenty-five thousand pounds, or (b) in ease such aircraft is a balloon (whether fixed or fre~), five thousand pounds, or (.c) in case such aircraft is a glider, one thousand pounds, or (d) in any other case- (i) a number of pounds of the currency of Saorstát Eireann equal to the number of pounds avoirdu~ pois constituting the weight of such aircraft fully loaded, or (ii) if the sum ascertained under sub-paragraph (i) of this paragraph is less than five thousand pounds or more than twenty-five thousand pounds, five thotisand pounds or twenty-five thousand pounds, as the case may be. (2) Without prejudice to the ope'ration of the next following sub-section, a person or, as the case may be, his estate shall not be entitled to the benefit of sub-section (1) of this section in relation to any loss or damage, if, at the time of the happening of the event which was the cause of the loss or damage, he was not the owner of the aircraft concerned and was in, or in possession or control of, the aircraft without the authority or permission of tb~ owner thereof. (3) A person or, as the case may be, `his estate shall not be entitled to the benefit of sub-section (1) of this section in relation to any claim made in respect of such loss or damage as is men- tioned in the said sub-section (1) unless it is proved- (a) that a policy of insurance, issued by an approved air- craft insurer, which, subject to any restrictions or con- ditions specified therein, insures the owner of the air- craft concerned against all liability which he may incur in respect of such loss or damage, was. in force in relation to su~h aircraft at the time of the happen- ing of the event ~whi'ch was the cause of the loss or `damage giving rise to the claim, or (b) if the claim is made against the person who at that time was the owner of the aircraft or against his estate, that the aircraft was then in the possession or control of some other person without the authority or permission of the owner, or (c) that the owner of the aircraft was at the said time an exempted person within the meaning of this CI~pter of this Part of this Act. PAGENO="0752" 746 AIR LAWS AND TREATIES OF THE WORLD (4) Where any person or the estate of any person is alleged to be under any liability in respect of such loss or damage as is men~~ tioned in sub-section (1) of this section, and aeveral claims are made or apprehended in respect of that liability, the said person or. his personal representative, as the case may be, may make applica- tion to the High Court, and thereupon the court- (a) may determine the amount of the liability and, subject to the provisions of the next following sub-section, dis- tribute that amount rateably among the several claimants; (b) may stay any proceedings pending in any other court in relation to the same matter; and (c) may give such directions as the court thinks proper for the joining of persons interested as parties to the pro- ceedings, for the exclusion of claims which are not brought before the court within a certain time, and for requiring security from the person by whom the application to the court was made. (5) If, by virtue of this section, the amount of the liability is less than the total amount of the damages which the several claimants would, but for this section, be entitled t.o recover, the first-mentioned amount shall, as to one~half thereof, be appro- priated in the first instance to meeting any claims in respect of loss of life or personal injury, and any part of that amount not so appropriated shall be distributed among the several claimants in proportion to their claims, including any claims in respect of loss of life or personal injury if and so far as they exceed the said appropriation. (6) Nothing in this section shall he construed as affecting the amount of any compensation payable under the Workmen's Com- pensation Act, 1934 (No. 9 of 1934). (7) Nothing in this section shall affect the operation of Part III of this Act. or any contract for the carriage of passengers or goods by air in so far as the contract provides for dt~termining or limiting the liability of the carrier thereunder. (8) The Minister may make regulations prescribing the manner in which the weight of an aircraft fully loaded is to be ascertained for the purposes of this section, and directing that, in the case of an aircraft of any particular class, such document (being a document which purports to show the weight of the aircraft fully loaded) as may be specified in the regulations shall be evidence of that weight. PAGENO="0753" AIR LAWS AND TREATIES OF THE WORLD 747 25.-(1) After the commencement of this ~hapt~r of this Part Obligation of of this Act, it shall not be lawful for any person to fly, or cause owners of aircraft or permit any other person to fly an aircraft unlesi- to ~ insiired* against certain third party risks. (a) there is in force in relation to the flying of such aircraft by such person or such other person, a policy of insur- ance (in this Chapter of this Part of this Act referred ~o as an approved policy of insurance) issued by an approved aircraft insurer, which subject to any restrictions or conditions specified therein, insures the owner of such aircraft against all liability which he may incur in respect of loss or damage caused to persons or property on land or water in Saorstát Eireann by, or by any person in, or any article or person falling from, the aircraft while In ffight, taking off, or landing; or (b) the owner of such aircraft is an exempted person within the meaning of this Chapter of this Part of this Act. (2) If ~ny person acts in contravention of this section he shall be guilty of ~n offence under this section and shall be liable on summary conviction thereof to a fine not exceeding two hundred pounds or, at the discretion of the court, imprisonment for any term not exceeding six months or to both such fine and imprison- ment. 26.-Where--- Hirers of aircraft to he treated as (a) any aircraft has been bona-fide demised, let or hired owners in certain out for a period exceeding fourteen days to any other circumstances. person by the owner thereof, and (b) no pilot, commander, navigator or operative member of the crew of the aircraft is in the employment of such owner, the two immediately preceding sections shall have effect as if for references therein to the owner there were substituted references to the person to whom the aircraft has been so demised, let or hired out. 67717 O_-61---4S PAGENO="0754" 748 AIR LAWS AND TREATIES OF THE WORLD 27.-(l) The Minister may from time to~ time by order Approved airers declare that a specified pet'son is an approved aircraft insurer insurer. for the purposes of this Part of this Act, `ahd ~vthenever any such order is made and in force the person declared thereby to be an approved aircraft insurer for, the purposes of this Part of this Act shall be an approved aircraft insurer for that purpose. (2) The Minister may by order revoke an order made under this section. 28.-A policy of insurance shall be of no effect for the puirposes CeItiflcate of of the preceding provisions of this Chapter of this Part of this Act insurance. unless and until there has been issued by~ the insurer to the insured a certificate (in this Part of this Act referred to as a certificate of insurance) in relation to such policy in such form and containing such particulars as the Minister may require. 29.-(1) In this Chapter of this Part of this Act, the expres.. Exempted ~`ion " exempted person "means a person- persons (a) who has made and maintained, in respect of any aircraft of which he is th& owner, the deposit of the appro- priate amount with the Accountant of the Courts of Justice authorisgd~ by the next following section to he made by persons who desire to become exempted per- ions: and (h) to whom a certificate (which is for the time being in force) has been granted by't!he Minister under the next following sub-section in respect of such aircraft. (2) Where any person who is the owner of any aireraft satis- fies the Minister that he has made in respect of such aircraft with the Accountant of the Courts of Justice a deposit of the aspprn- priate ~mount. the Minister silali issue to such person a certi- ficaté (in this Ohàpter of this Part of This Act referred to a's a certifiéate of secUrity) in ~ueh `form and containing such ps.rtieii- lars as the Minister thinks proper. (2) Where- (o~ a certificate of security has been i~uied to any person by the Minister under this s~ctiom and (h) either- (i) the amount, stated in a. notice ~f deficiency given to such person by the Aecounta~t of the Courts o~ PAGENO="0755" AIR LAWS AND TREATIES OF THE WORLD 749 Justice in pursuance of the provisions of this Chapter of this Part of this Act relating to pay- ment of judgment debts out of deposit, has not, within fourteen days after such person has received such notice, been deposited with the Accountant of the Courts of Justice, or (ii) the deposit made by such person at the time such certificate was granted has ceased to be main- tained, the Minister shall revoke such certificate. (4) In this section the expression "the appropriate amount" means in relation to any deposit made with the Accountant of the Courts of Justice- (a) in case the person making such deposit is the owner of not more than two aircraft, the sum mentioned in sub-section (1) of the next following section in respect of such aircraft, and (b) in case such person is the owner of three or more air- craft, the sum mentioned in sub-section (2) of the next following section in respect of such aircraft. 30.-(1) Any person wtho is the owner of not more than two Depo8its by aircraft and who desires to become an exempted person may exempted rersons. deposit and keep deposited with the Accountant of the Courts of Justice a sum equal to the maximum sum determined in relatioD to such aircraft by sub-section (1) of section 24 (which relates to limitation of liability for damage caused by aircraft to persons and property on land or water) of this Act. (2) Any person who is the owner of three or more aircraft and who *desires to become an exempted person may deposit and keep deposited with the Accountant of the Courts of Justice a sum equal to the aggregate of the two greatest of the several maximum sums determined under sub-section (1) of section 24 of this Act in relation to those aircraft respectively. (3) The Accountant of the Courts of Justice shall invest every sum deposited with him under this section in such of the securities authorised by law for the investment of funds in the High Court as the person making or maintaining such deposit shall direct, and the income accruing on such securities shall be paid to the said person. PAGENO="0756" 750 AIR LAWS AND TREATIES OF THE WORLD (4) The Accountant of the- Courts of Justice shall not accept a deposit under this section save on a warrant of the Minister. (5) The Minister may by order make rules with respect to applications for warrants for the purposes of this section, the payment of deposits and the investment thereof or dealing there- with, the deposit of stocks, shares, or other securities in lieu of money, the payment of the income from time to time accruing due on any securities in which deposits are for the time being invested, and the withdrawal and transfer of deposits. 31.-(1) In this section- the word " deposit" means a deposit of money or securities in lieu Payment of of money made with the Accountant of the Courts of Justice under judgment debtf~ this Chapter of this Part of this Act by way of qualification for out of deposit. being an exempted person; the word " depositor" means a person who has made a deposit. (2) Where a person (in this section referred to as a judgment creditor) has recovered judgment in any court against a depositor for a sum to which this section applies the High Court may, on the application in a summary manner of the judgment creditor and if satisfied that the depositor has no goods which can be taken in execution to satisfy such judgment, order the amount of such judgment together with the costs of such order, the application therefor and the proceedings thereunder to be paid to the judgment creditor out of the deposit maintained by such depositor. (3) Whenever the High Court makes an order under the immediately preceding sub-section in respect of a deposit the Accountant of the Courts of Justice shall pay the money stated in such order to the judgment creditor specified in such order out of such deposit and shall for that purpose sell so much of the investments representing such deposit as is necessary (after defray- ing the costs of such sale) to enable such money to be paid. (4) Whenever the Accountant of the Courts of Justice, in pur- suance of an order made by a court under this section, pays any money out of or sells any of the investments representing a deposit maintained with him by a depositor in pursuance of this Part of this Act, he shall forthwith calculate and ascertain the market value of so much of the investments representing such deposit as remains unsold and, if such market value together with any unin- vested money included in such deposit falls short of the full proper PAGENO="0757" AIR LAWS AND TREATIES OF THE WORLD 751 amount of such deposit, he shall give to the Minister and such depositor notice in writing of such deficiency and of the amount thereof. (5) If, when a notice of deficiency of deposit is given to a depositor by the Accountant of the Courts of Justice in pursuance of the immediately preceding sub-section such depositor, not more than fourteen days after receiving such notice, deposits with the Accountant of the Courts of Justice a sum equal to the amount of the deficiency stated in such notice, the sum so deposited shall be added to and treated as part of the said deposit and such depositor shall be deemed to have maintained such deposit at its full proper amount. (6) Whenever a depositor, if an individual, becomes bankrupt or insolvent or dies or, if a corporate body, is wound up or, if a partnership or other unincorporated association, is dissolved, the deposit made by such depositor shall be applicable in the first instance to payment only of the liabilities of the depositor for sums to which this section applies and when all such liabilities of such depositor have been discharged in full shall be applicable as general assets of the depositor. (7) This section applies to any sum awarded against a depositor as damages in respect of damage or loss caused to persons or property on land or water by, or by a person in, or an article or person falling from, an aircraft, owned by such depositor, while in flight, taking off or landing. 32.-Whenever the High Court is satisfied, on the application R~1ease of made in a summary manner by a depositor or by a person eiaim- deposits. ing through or under a depositor aiui after notice to the Minister and after such publication of advertisements as the High Court ~hall direct, that it is just and expedient that the deposit or part of the deposit made by such depositor ~houid be paid out to the person making such application, the High Court shall order such deposit or such part thereof as may be specified in such order to be paid out to such person either unconditionally or subject to such conditions as the High Court shall think proper to specify in such order, and shall direct the Accountant of the Courts of Justice to do all such things (including the sale of the invest. ments representing such deposit or part of such investments) as appear to the Higb Court to be necessary or expedient for gftim~ effect to such order. PAGENO="0758" 752 AIR LAWS AND TREATIES OF THE WORLD 33.-(l) The Minister may by order make regulations in rela- Regulations for tion to all or any of the following matters, that is to say:- ~ of (a) app1icatio~ for certificates of security; (b) the issue of copies or of new certificates in lieu of any such certificates w~hich are lost or destroyed; (c) the carrying of documents in aircraft and the produr. tion of such documents on demand to such persons as may be specified in such regulations. (2) If any person acts in contravention (~het1ier by commis- sion or by omission) of any regulations made under this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds. CHAPTER m. ~ reZat~on to the Rents Co~wention. 34.-This Cha~ter of this Part of this Act shall come into opera- Commencement tion on such day as may be fixed therefor by order of the Minister. ~tje~ In 35.-(1) The Executive Council may, if it appears to them to P~o*vjsjon fo~ be necessary or expedient for them so to do for the purposes 1~0~~0t to of giving effect to the Rome Convention, make an order- Convention. (a) directing either- (i) that the provisions set, out in such order shall, in relation to aircraft registered in any such country (other than Saorstát Eireann) as may be specified in the order, have effect in lieu of the provisions of Chapters I and II of this Part of this Act, or (ii) that all or any of the provisions of the said Chapters I and II shall, in relation to such aircraft, have effect subject to such modifications, adapta- tions and exceptions as may be specified in the order; and (b) making such provisions as appear to the Executive Council to be required for securing that a Saorstá~ Eireann aircraft shall not leave Saorstát Eireann on a flight to or over any such country, unless there is PAGENO="0759" AIR LAWS AND TREATIES OF THE WORLD 753 on board the aircraft a certificate of insurance or a certificate of security in respect of the aircraft, being a certificate in such form and issued by such person and containing such particulars as may be appointed by the order. (2) Where an order is made under the immediately.. preced- 1mg sub-section before the commencement of `Ohapter II of this Part of this Act, the said Chapter II shall, for the purposes of the said sub-section but not furtiher or otherwise, be deemed to be in force. (3) 1~very order made uhder this section shall have the force of law in Saorstfit Bireaun. *PART Y. ESTABLISHMENT AND MAINTE~TANCE OF AERODROMES BY THE MINISTER FOR INDUSTRY AND COMMERCE AND LOCAL AUTHORITIES, AND AcQuIsI- TION OF LAND, ETC., FOR THOSE PURPOSES. 36.~-The purposes of this Part of this Act for which land may Eit5i~aion of, be acquired by agreement or compulsorily shall include- Part of this Act". (a) the purpose of securing that the land adjacent to a~i, aerodroine which the Minister or a local authority has established or is about to establish shall not be used in such manner as to cause interference with, or danger or damage to, aircraft at, approaching, or leaving the aerodrome; and (b) the purposes of securing that trees and buildings on the land adjacent to an aerodronie, whieb the Minister or a local authority' has established or is about to estab- lish, are, with the object of ensuring th~ safety of air- craft approaching or leaving the aerodrome, demolished. 37.-The Minister may and any local authority may, with the Power of Minister consent of the Minister criven after consultation with the Minister and local authority to for Local Government and Public Health and sub]ect to such con- establish and ditions as he may impose. establish and maintain aerodromes and maintain provide and maintain in connection therewith roads, bridges, aerodromes. approaches, apparatus, equipment, and buildings and other accommodation. PAGENO="0760" 754 AIR LAWS AND TREATIES OF THE WORLD 38.-(1) If the Minister is satisfied, withrespectto any aerodrome Power of local maintained by a local authority under the immediately preced- authorities to lug section, that it is necessary or expedient that such local authority should be empowered to carry on in connection with connection with such aerodrome any particular business, being a business which aerodromes. appears to him to be ancillary to the carrying on of an aero- drome, but which such local authority would not otherwise have power to carry on, he may by order authorise such local authority, subject to such conditions (if any) as may be specified in such order, to carry on that business in connection with such aerodrome. (2) The Minister may by order under this sub-section revoke or amend an order made under this section, including this sub- section. (3) The Minister shall before making an order under this section consult the Minister for Local Government and Public Health in regard thereto. 39.-(1) Any person (in this section referred to as an Right of entry on authorised officer) authoriscd in that behalf by the Minister or land by the Minister and local a local authority may do either or both of the following things, authorities. that is to say:- (a) enter on any land for the purpose of making thereon any inquiry, investigation, or examination preliminary or incidental to the acquisition of such land for the purposes of this Part of this Act; (b) enter, for the purposes of making thereon surveys, on. any land which adjoins or is in the neighbourhood of land acquired or the acquisition of which is contem- plated for the purposes of the said Part. (2) If any person impedes or obstructs an authorised officer in the exercise of the powers conferrcd on such authorised officer by this section, such persOn shall be guilty of an offence under this section and shall be liable on summary co~'viction thereof to a fine not exceeding ten pounds. 40.-The Minister may for the purposes of this Part of this Acquisition by the Minister ol land Act acquire by agreement any land. by agreement, PAGENO="0761" AIR LAWS AND TREATIES OF THE WORLD 755 41.-(l) If and whenever the Minister thinks proper to acquire Oompu1~ory compulsorily any land or to acquire or use compulsorily any right acquisition of of impounding, diverting, or abstracting water for, the purposes ~id~tc., oy the of this Part of this Act, the Minister may, with the consent of the Minister for Finance, by order declare his intention so to acquire such land or so to acquire or use such right, and every such order shall operate to confer on the Minister full* power to acquire compulsorily the land or to acquire or use compulsorily the right mentioned therein under and' in accordance with this section. (2) The Minister shall not make an order under this section in relation to any land covered by water, Or WhiCh :1s foreshore, or in relation to any right of impounding, diverting, or abstract- ing water without previous consultation with the Minister `for Agriculture. (3) Before making an order under this sectiOh; `the Minister- (a) shall deposit and keep open for inspection at some suit- able place (public notice of ~hieh shall be given) such plans, specifications, and other documents, as will show fully and clearly the land or right intended to be acquired or used by virtue of the order; (b) shall give notice, in such manner as he may consider best adapted for informing persons likely to be. affected by the order, of his intention to consider the ma~king thereof and of the manner in which representations an.d objections in respect of the order may be made, and. (c) shall, if he considers, it expedient so to do, `cause a public inquiry `to be held in regard to the maldng of the `~vder. (4) An order made under this section may incorporate- (a) the Adquisition of Land (Assessment of Compensation) Act, 1919, and (b) the Land Clauses Acts so far as the same are not incon- sistent with the said Acquisition of Land (Assessment of Compensation) Act, 1919. (5) Nothing in this section shall authorise the Minister to acquire, use, or otherwise interfere with compulsorily under. this, section any land which at the date of the first publication of notice `of the `intention of the Minister to consider the making of PAGENO="0762" 756 AIR LAWS AND TREATIES OF THE WORLD a special order in that behalf belongs to any railway, electricity, gas, or water undertaker and is used or authorised to be used by such undertaker for the purpose of his undertaking. (6) The following provisions shall have effect in relation to aiiy public inquiry held under this section:- (a) the Minister shall appoint a fit and proper p'rson to hold such inquiry; (h) such person is hereby authorised to administer, oaths to persons appearing as witnesses at suclh inquiry; (c) any person interested in the subject matter of such inquiry shall be entitled to appear personally or by counsel *or solicitor and to ad~dsuce evidence. 42.-(1) The Minister may at any time dispose in such manner 1)isposal of as he thinks proper of any land acquired. by him under this Act surplus land. by which appears to him to be no longer required by him for the the Minister. performance of his duties or the exercise of his functions under this Part of this Act. (2) Any moneys received by the Minister in respect of the disposal of land under this section shall be paid into or dièposed of for the benefit of the Exchequer in such manner ~s the Minister for Finance may direct. 43.-(1) A local authority may, with the consent of the Minister A~uisition of for Local Government and Public Health given ~aftcr consultation land by local with the Minister, acquire land (either inside or outside the func- authorities. tional area of such local authority) for the purpose of this Part of this Act either by agreement or compulsorily "~nder this Act and the Acts incorporated therewith. (2) For the purpose of the acquisition of land by a local authority under this section, sections 203, 210, 212, 213, 214 and 215 of the Public Health (Ireland) Act, 1878, as amended by section 8 of the Public Health (Ireland) Act, 1896, and section 68 of the Local Government ~ct, 1925 (No. 5 of 1925), shall apply as if those sections as so amended were herein re-enacted and made applicable to such local authority with and subject to the modifi- cations made by this Act in the procedure under the said sections. PAGENO="0763" AIR LAWS AND TREATIES OF THE WORLD 757 (3) A local authority may at any' time, with the consent of the Minister for Local Government and Public Health given after consultation with the Misister, sell or let by public auctio'a or~ private treaty in suitable lots any' laud' acquired by such authority 44.-Where a local aulthority proposes to acquire (otherwise Modification of than, by agreement) land for the purposes of. this Part of this Act, procedure for whether in exercise of a power conferred by a statute other than ~ti~n of thi~ Act or of a power expressly conferred by this Act, the ad~yertisements `menti ed in sub-section. (2) of section 203 of the Public Health (Irelan ) Act, 1878, may be published in any month and, in. such case, the notices mentioned in the said sub-section. shall be served in the month next succeeding the month in which the said advertisements are published. .45.-(1) Whenever, the Minister or a local authority establishes Interference with and maintains or is about to establish an aerodrome under this right of Part `oj~ this Act, and such aérodrome is or will be situated by the navigation and other rights. sea or, any. navigable inlet thereof, the Minister, after consultation with the Mipister for Agiuculture may, if it is in his opinion in the;.p~thlic interest so to. do, meke an order under this section' linti~g~rpi~ohib$tingthe exercise of any right of navigation and any: public, or private right, of fishing ~or landing' fish or any other pu,t~lie or private right in respect of any part of the sea or any inlet thereof or foreshore in or adjacent to such aerodrome. (2) Whenever:;an order `made' under the next preceding snb~ setion~of.;this~ seotion~ limits' or `prohibitS the exercise of any private right of fishing or landing fish or any other private right in respect of `any part of the sea or any inlet thereof or fore- shore, the Minister shall pay compensation to the owner of oi~ `other person entitled to exercise such right `and such compensa- tion shall, in default `of agreement, be fixed under and in accord- ance with'theAequisition'of Laud (Assessment of' Compensation) Aaet, 1919 (3) Whenever any order made under this section `is for the time being in force any right to which such order relates shall be limited `or prohibited in accordance with such order. 46.-The Minister may and any local authority may with the Interference consent `of `the Minister, c'om~pttlsoHly divert, clO~'e, remove `or `with public otherwise interfere with any public road' or bridge~"" PAGENO="0764" 758 AIR LAWS AND TREATIES OF THE WORLD 47.-If and whenever the execution of any works under this Protection of Part of this Act involves the diversion, removal, or other inter- public roads and ference with any public road or bridge, the following provisions bridges. shall have effect, that is to say:- (a) where the execution of the works involves the closing of the road or bridge to traffic the Minister or the loeal authority (as the case may be) shall construct and shall maintain while such road or bridge is so closed to traffic a temporary road or bridge in the same or some other convenient situation sufficient to carry traffic of such quantity and character as nor- mally uses such road or bridge; (b) the Minister or the local authority (as the case may be) shall at or before the completion of the works either restore the road or bridge to its former condition or construct, after consultation with the Minister for Local Government and Public Health, a new perma- nent road or bridge in the same or some other con- venient situation sufficient to carry the like amount (in quantity and character) of traffic as the original road or bridge was able to carry and not substan- tially less convenient in gradient and curve than such original road or bridge; (c) where a permanent new bridge is constructed by the Minister or by a local authority outside its own func- tional area, and such bridge confers substantially greater advantages on the public of the county or other borough, county, or urban district in which it is con- structed, than the original bridge, by affording an * improved means of communication or otherwise, the Minister shall certify the cost of such new bridge and the Minister for Local Government and Public Health shall certify what part of such cost in his opinion ought reasonably to be borne by the council of such county or other borough, county, or urban district, and thereupon a sum equal to the part so certified of such cost shall be raised by such council as part of the expenses of the maintenance of the road of which such new bridge is part and shall be paid by such council to the Minister or such local,authority (as the case may be); PAGENO="0765" AIR LAWS AND TREATIES OF THE WORLD (d) if any doubt, dispute or question shall arise as to whether the Minister or a local authority in the con- struction, maintenance or restoration of any tempor- ary or permanent road or bridge pursuant to this section has complied with the provisions of this section, or as to whether a permanent new bridge constructed by the Minister or by a local authority outside its own functional area confers substantially greater advantages on the public of the county or other borough, county. or urban district in which it is constructed than the original bridge, such drniht. dispute or question shall be decided by the Minister for Local Government and Public Health whose decision shall be conclusive and final. 759 48.-(i) Where a local authority (in this section referred to as an undertaking authority) has established and maintains or pro- poses to establish and maintain an aerodrome under this Part of this Act, any authority (in this section referred to as a non- iindertitking authority) which is another local authority, a con- servancy authority, or a harbour authority, may agree with sueh undertaking authority to make to such undertaking authority, on such conditions as may be agreed upon between the two authorities and subject to the provisions of this section, a contri- bution towards the expenses incurred by such undertaking authority in or in relation to the establishment an~ maintenance of such aerodrome. (2) An agreement under this section in relation to an aero- drome may be made by two or more non-undertaking authorities with an undertaking authority. (3) An agreement under this section made between one or more non-undertaking authorities and an undertaking authority may incorporate a scheme for the management of the aerodrome to which the agreement relates through and by a committee of such undertaking authority, and in that case such scheme shall, where there is only one non-undertaking `authority party to such agree- ment, provide that a specified number of the members of such committee shall be nominated by that non-undertaking authority or. where there are two or more non-undertaking authorities party to such agreement, provide that a number of such members specified in respect of each non-undertaking authority shall be nOminated by such non-undertaking authority, and such scheme may empower such committee to do any act (including the insti- tution of legal proceedings) in relation to the management of such aerodrome which such undertaking authority itself could lawfully do, and may provide for the application of the provisions `Contribu- tions by a local authority or conservancy or 11arhoUr autho- city to local authority main- taining an aero(lrome and provisions in relation to management of such aerodrome by a joint committec PAGENO="0766" 760 AIR LAWS AND TREATIES OF THE WORLD of section 58 of the Local Government Act, 1925 (No. 5 of 1925) to such committee as if such committee were a county authority within the meaning of that section, and for the furnishing by such undertaking authority to such committee of the moneys necessary to meet their expenses. (4) The contribution payable by a non-undertaking authority in pursuance of an agreement made under this section shall be either a fixed annual sum or a fixed proportion of the expenses of maintaining the aerodrome to which the agreement relates or partly one and partly the other and shall be payable in such instalments and at such times. as shall be set out in the agreement. (5) No agreement made under this section shall come into force unless and until `it has been sanctioned by the Minister for Local Government and Public Health. (6) When an agreement made under this section between one or more non-undertaking authorities and an* undertaking authority comes into force it shall be binding on and enforceable against each party to such agreement, and each such party and the committee of management (if any) shall have power to do all acts and to make all payments which are provided for in such agreement or in any scheme incorporated therewith. 49.-(l) The council of a county may borrow under Article 22 Borrowing of the Schedule to the Local Government (Application of Enact- by local merits) Order,' 1898, for the purpose of defraying any expenses authorztie& incurred by such council under this Part of this Act in like man- ner as if such purpose were mentioned in that Article and money borrowed for any such purpose ~hall not be reckoned as part of the debt of such council for the purposes of any limitation on borrowing icmposed by the said Article. (2) Any local authority (other than the council of a county) may borrow under the Public Health Acts, 1878 to 1931, for the purpose of defraying any expenses incurre~d by such local a~tliority under this Part of this Act as if such purpose were a purpose for which such local authority i5 authtorised to borrow under those Acts, but money ft~orrowed for any such purpose shall not be reckoned as part of the debt of such local authority for the purposes of any limitation on borrowing imposed by those Aet& PAGENO="0767" AIR LAWS AND TREATIES OF THE WORLD 761 (3) Loans may, for the purposes of this section, be made out of the Local Loans Fund to a local authority. 50.-All expenses incurred by a local authority under t.his Part of this Act shall be defrayed- (iz) in the ease of the eouneil of a ~ounty, by means of~the poor rate raised equally overthe whole of their county (exclusive of any borough or urban district included therein the council of which has made or is making con- tributions under the said Part in respect of an aerodrome established or about to be established in such county or in a county boroi~gh contiguous to such county); (b) in the case of the councils of the county boroughs of Cork and Waterford, the council ~f a borough (other than a county borough or the borough of Dun Tiaoghaire) or. the council of an urban. district, out~ of any rate or fund. applicable for the.purposes of the Public Health (Ireland) Acts, 1878 to 1931, in like manner as if they had been incurred for the purposes of these Acts. 51 i-All expenses incurred by a conservancy authority or *a harbour authority under this Part of this Act shall he defraycçl by such authority in the like manner in which other expenses of such authority are defrayed. 52.-Any local authority may, subject to the provisions of any enactment relating to the appoIntment of officers by ~ueh Theal authority, appoint such and so many officers as it shall think requisite for the execution of the powers conferred on it by this Part of this Act.. and every officer so appointed shall he paid such remuneration as such local authority shaTl, with~ the consent of the Minister for Local Government and Public. Health. determine. 53.-(1) Nothing in this Act shall he construed as prohihjting the granting, under any Act passed (whether before or after the passing of this Act) by the Oireaehtas. of a lease or licence, in respect of any land which is State land and to which such Act applies, to the Minister or a local authority Or the acëeptan~é of such lease or licence by the Minister or a local authority. (2) The Minister may for the purposes of this Part of this Act by order enclose any State land in respect of which. he is authorised by law to grant leases and licences and any such Stateland may be used by the Minister for any purpose for which land acquired by him under this Part of this Act may he used. Expenses of locat authorities. Expenses ol conservaticy an(t 10 tIlt) Liti CS A l)pointmellt of officers by local authorities. Provisions ill relation to land belonging to the Stare. PAGENO="0768" 762 AIR LAWS AND TREATIES OF THE WORLD (3) In this section the expression ",State land " means land which for the time being belongs to Saorstat Eireann either. by virtue of Article 11 of the Constitution or by any other means (present or future) whatsoever. 54.-Nothing in this Act shall deprive the Minister for Posts and Saving of Telegraphs of any rights and remedies under the Telegraph Acts, right., etc., 1863 to 1928, or any statutory adaptation thereof or substitution ~ therefor made by or under the~ authority of the Oireachtas. Telegrapha. PART VI. TR~SI'ASS AND NUISANCE BY AIRCRAFT, AND DANGEROUS FLYING. 55.-No action shall lie in respect of trespass or in respect `of I1,eatrictions on nuisance, by reason only of the flight of aircraft óvei~ any property actions for at a height' above the ground which' having regard to wind damag55 in . respect of trespass weather and all the circumstances of the case is reasonable, or the or nuisance by .ordinary incidents of the flight, so long as the prOvisions of Part' II aircraft. of this' Act and any order made under the said Part II. and. any regulations made ,by virtue of any such order are duly complied with. 56.~-(1) Whert an aircraft is flown in such a manner as to Penalty fur be the cause of unnecessary danger to any person or property dang~roU~ flying. on land or water, the pilot or the person in charge of such aircraft and also (if such pilot or person in charge is not the owner of, such aircraft) such owner shall each be severally guilty of an offence under this section and shall be liable on summary con- viction thereof to a fine not exceeding two hundred pounds or, at the discretion of the Court, either to imprisonment for any. term not exceeding six months or to both such fine and imprison- ment. (2) In this section the word "owner " in relation to . an ~air- craft includes any person to whom the aircraft is hired at the time of the offence. (3) Where a person charged with an offence under this section is the owner and is not the pilot or `in charge of the aircraft in respect of which such offence is alleged to have been' committed, it shall be a good defence for. such person to prove that on the occasion on which such offence is alleged to have been committed such aircraft was being flown without bis actual fa~dt or privity. PAGENO="0769" AIR LAWS AND TREATIES OF THE WORLD 763 (4) The provisions of this section shall be in addition to and not in derogation of any ~der made under Part II of this Act or any regulations made by virtue of any such order. PART VII. ADMINIsTRATIvE AND MiSCELlANEOUS Pno VISIONS. 57.-(i) Any services rendered in assisting, or in saving life Wr~k an~t from, or iii saving the cargo or apparel of, an aircraft in, on, or salvage. over the sea or any tidal water, or on or over the shores of the sea or any tidal water, shall be deemed to be salvage services iii all cases in which they would have been salvage services if they had been rendered in relation to a vessel; and where salvage services are rendered by an aircraft to any property or person, the owner of the aircraft shall be entitled to the same reward f~r those services as he would have been entitled to if the aircraft had been a vessel. The preceding provisions of, this sub-section shall have effect notwithstanding that the aircraft concerned is a foreign aircraft, and notwithstanding that the services in question are rendered else- where than within the limits of the territorial waters of Saorstát Eireaiin. (2) The Executive Council may by order direct that any provi- sions of any Act for the time being in force which relate to wreck, to salvage of life of property, or to the duty of rendering assist- a.nee to vessels in distress shall, with such exceptions, adaptations, and modifications, if any, as may be specified in the order, apply in relation to aircraft as those provisions apply in relation to vessels and any such order shall have the force of law in Saorstát Eireann. (3) For the purposes of this section, any provisions of an Act which relate to vessels laid by or neglected as unfit for sea service shall he deemed to he provisions relating to wreck, and the expres- sion " Act " shall be deemed to include any local or special Act and any provisions of the Harbours, Docks, and Piers Clauses Act, 1847, as incorporated with any local or special Act, whenever passed. (4) Any order, made by virtue of section 11 of the Air Navigation Act, 1920, and in force in Saorstát Eireann nmed~at~iy be~~re ~ date of the passing of this Act shall be deemed to be ~nadé under.. 67717 o-61---49 PAGENO="0770" 764 AIR LAWS AND TREATIES OF THE WORLD this section and may accordingly be amended or revoked by an order made under this section and until so revoked and subject to any such amendment shall continue in force. 58.-(1) The power conferred by sub-section (1) of section 418 Application to of the Merchant Shipping Act, 1894, to make regulations for the seaplanes of prevention of collisions at sea shall include power to make regu- it ro to lations for the prevention of collisions at Sea- Acts, relating to coUj~iom at sea~ (a) between seaplanes on the surface of the water, and signals oF (b) between vessels and~ seaplanes on the surface of the chtreu. water; and accordingly the said section 418, and sections 419, 421 and 424 of the said Act, as amended by any subsequent enactm3nt, shall apply in relation to s~aplanes on the surface of the w:~ter as they apply in relation to ships or vessels, subject however to the following modifications, that is to say:- (i) for the purpose of sub-section (2) of the said section 418, and for the purposes of the sald. section 424, sections 418, 419, 421, and 424 of the said Act shall be deemed to be the only provisions of Part V of the said Act relating to collision regulations or otherwise relating to collisions, and (ii) any references in the said section 419 to the master or to the person in charge of the deck shall be construed as references to the pilot or other person on duty in charge of the seaplane. (2) The power conferred by sub-section (1) of section 25 of the Merchant Shipping (Safety and Load Lines Conventions) Act, 1933 (No. 42 of 1933), to prescribe what signals shall be signals of distress and urgency shall include power to pres'i~ibe what signals shall be signals of distress and urgency in the case of seaplanes on the surface of the water; and accordingly the said section 25 shall apply in relation to seaplanes on the surface of the water as it applies in relation to ships or vessels, subject however to the modification that the reference in sub-section (3) of the said section 25 to the master shall be, construed as a reference to the pilot or other per$on on duty in charge of the seaplane. (3) In this section the word "vessels" has the. same meaning as in the Merchant Shipping Act, 1894. PAGENO="0771" AIR LAWS AND TREATIES OF THE WORLD (4) For the purposes of this and tke next following section seapianes taking off from, or alighting on, the water shall be deemed to be on the surface of the water while in contact there- with. 765 59.-(l) Any enactment which confers or imposes on a con- servancy authority or a harbour authority any power or duty to make bye-laws for the regulation of ships or vessels shall~ be con- strued and have effect as if the power or `duty so conferred or imposed included a power or duty to make bye-laws for the regula- tion of seaplanes when on the surface of the water, and also a power to include in the bye-laws provisions authorising the harbour master or other officer of the authority to exercise, as respects seaplanes on the surface of the water, all or any of the functions which he is authorised by such enactment to exercise as, respects ships or vessels, subject however to this restriction, namely, that such bye-laws shall not in any circumstances require, or authorise a harbour master or other officer to require, the dismantling of a seaplane or any part thereof or the making of any alteration what- ever of the structure or equipment of a seaplane. Power of conservancy and harbour authorities to make bye-laws for regulation of seaplanes when on the surface of the water. (2) Where any enactment, whether by virtue of the immediately preceding sub-section or otherwise, confers or imposes on a con- servancy authority or a. harbour authority a power or duty to make bye-laws for the regulation of seaplanes when on the surface of the water, or to include in the bye-laws any such provisions as are mentioned in the said sub-section, the following provisions shall have effect, that is to say (a) in case such enactment does not provide that the bye-laws shall not come into force unless they have been con- firmed or approved by some Minister and does not pro- vide that the bye-laws shall be allowed or approved by a court or judge, any such bye-laws made after the date of the passing of this Act in relation to seaplanes shall not come into force unless and until they have been confirmed by the Minister,; (b) in case such enactment provides that the bye-laws shall not come into force unless they have been allowed or approved by a court or judge, the conservancy authority or harbour authority shall, before making application to that court or judge for the allowance of the bye-laws, forward a copy thereof to the Minister, and the court or judge shall, before allowing or approving the bye- laws, take into consideration any representations made with respect thereto by or on behalf of the Minister. PAGENO="0772" 766 AIR LAWS AND TREATIES OF THE WORLD (3) In this section- the expression " enactment " includes any provisional order for the time being in force (whether or not it has beeii confirmed by an Act); the word " bye-laws" includes rules and regulations. 60.-(1) The Minister may by order make regulations provid- Investigation ef ing for the investigation of any accident arising out of or in the acCidentL course of air navigation and occurring in or over Saorstát Eireann or to Saorstát Eireann aircraft elsewhere. (2) Without prejudice to the generality of the provisions of the immediately preceding sub-section, regulations under this section may contain provisions- (ii) requiring notice to be given of any such accident as aforesaid in such manner and by such persons as may be specified in the regulations; (h) applying, with or without modification., for the purpose of investigations held with respect to any such acci- dents any of the provisions of section 3 of the Notice of Accidents Act, 1894; (c) prc~hibiting, pending investigation, access to or interfer- ence with aircraft to which an accident has occurred, and authorising any person, so far as may be neces- sary for the purposes of an investigation, to have access to, examine, remove, take measures for the preservation of, or otherwise deal with any such air~ craft; (d) authorising or requiring the cancellation, suspension, endorsement, or surrender of any licence or certificate granted under this Act or any order made thereunder, wiliere it appears on an investigation that the licence ought to be cancelled, suspended, endorsed, or sur- rendered, and for the production of any such licence for the purpose of being so dealt with. (3) Nothing in this sectioii shall limit the powers of any authority under sections 530 to 537, inclusive, of the Merchant Shipping Act, 1894, or any enactment (including thi~ Act) amend- ing those sections. (4) If any person acts in contravention (whether by omission or commission) of any regulations under this section, he Shall be PAGENO="0773" AIR LAWS AND TREATIES OF THE WORLD guilty of an offence under this section and ~ha1l be liable on sum- mary conviction thereof to a fine not exceek3ling fifty pounds or, at the discretion of the court, imprisonment for a term not exceeding three months. (5) Any regulations made by the Minister under section 12 of the Air Navigation Act, 1920, and in force immediately before the date of the passing of this Act, ~hail be deemed to be made under this section and may be amended or revoked by regulations made under this section, and until so revoked ai~d subject to any such amendment shall continue in force. 61 -(1) Where it is alleged by any person interested that a foreign aircraft making a passage through or over Saorstát Eireann infringes in itself or in any part of it any invention, design or model which is entitled to protection in Saorst~t Eireann, it shall be lawful, subject to and in accordance with ~ules of Court, to detain such aircraft until the owner thereof deposits or secures in respect of the alleged infringement a sum (in this section called the deposited sum), and thereupon the aircraft shall not, during the continuance or in the course of the passage, be subject to any lien, arrest, detention or ~rohibition, whether by ceder of a court or otherwise, in respect or on account of the alleged infringement. (2) The deposited sum shall be such a bum ss may be agreed between the parties interested, or in default of agreement shall he fixed by the Minister or some person duly authorised on his behalf, and payment thereof shall be made or secured to him in such manner as he* shall approve, and the deposited sum shall be dealt with by such tribunal and in accordance with such pro- cedure as may be appointed by Rules of Court, and such rules may provide generally for carrying this section into effect. (3) In this section- the word " owner "shall include the a,~tual owner of an aircraft, and any person claiming through or under him; the word " passage " shall include all reasonable landings and stoppages in the course of a passage. 62.-(1) Any offence under this Act. or under an order or Jurisdiction. regulations made thereunder, and any offence whatever com- mitted on a Saorstát Eireann aircraft, shall, for the purpose of conferring jurisdiction, be deemed to have been committed in any place where the offender may for the time being he, 767 Infringement of patents. PAGENO="0774" 768 AIR LAWS AND TREATIES OF THE WORLD (2) The Minister for Justice may by order make provision as to the courts in which proceedings may be taken for enforcing any claim under this Act, or any other claim in respect of air- craft, and in particular may provide for conferring jurisdiction in any such proceedings on any court exercising Admiralty juris- diction and applying to such proceedings any rules of practice or procedure applicable to proceedings in Admiralty. (3) The Minister for Justice may by order under this sub-section revoke or amend any order made by him under this section includ- ing an order under this sub-section. (4) The Minister for Justice shall before making any order under this section consult with the Chief Justice in regard thereto. (5) Any order made under sub-section (2) of section 14 of the Air Navigation Act, 1920, and in force in Saorstát Eireann immediately before the date of the passing of this Act shall be deemed tn be made under this section and may accordingly be revoked or amended by an order under this section, and until so revoked and subject to any such amendment shall continue in force. 63.-The Executive Council may by order provide for the Detention of detention of aircraft to secure compliance with any of the provi- aircraft. sions of this Act or any order or regulation made under or by virtue of this Act, or to prevent aircraft from flying when unfit to fly and every such order shall have the force of Jaw in Saorstát Eireann. 64-(l) Where under this Act an aircraft is to he or may be Enforcing detained, any authorised person may detain such aircraft. detention ~ aircraft. (2) If an aircraft, after detention or after service on the pilot of any notice or order for detention, takes off or attempts to take off before it is released by competent authority, the follow- i.ng provisions shall have effect, that is to say :- (a) the pilot and also the owner and amy person who causes the aircraft to take off, or to attempt to take off shall each severally be guilty of an offence under this section; (b) if such aircraft when so taking off has on board in the execution of his duty an authoriscd officer,. the owner and pilot of such aircraft shall each severally be guilty of an offence under this section, and shall, if PAGENO="0775" AIR LAWS AND TREATIES OF THE WORLD 769 guilty of such offence, also be liable to pay to the Minister all expenses of and incidental to such officer being so taken on such aircraft. (3) Where a person charged with an offence under this section is not the pilot of the aircraft in respect of which such offence is alleged to have been committed, it shall he a good defence for such person to prove that on the occasion on which such offence is alleged to have been committed he was not a party nor privy to the taking off or attempted taking off of such aircraft. (4) Any expenses payable to the Minister nuder sub-section (2) may be recovered by the Minister as a simple contract debt In a court of competent jurisdiction. (5) Every person guilty of an offence under this section shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds. (6) Each of the following shall be an authorised officer for the purposes of this section, that is to say:- (a) a commissioned officer of the Defence Forces of Saorst~t Eireaun; (b) an officer of the Minister; (c) un officer of customs and excise; (d) any person authorised by the Minister in that behalf. 65.-(1) Where under this Act or any order or regulation Other provisions made thereunder an aircraft is to be detained, an officer of cus ~t~0~i~raft, toms arid excise shall, and wiiere under this Act an aircraft may be detained, an officer of customs and excise may refuse to clear that aircraft outwards or to grant a transire to such aircraft. (2) Where any provision of this Act or any order or regula- tion made thereunder provides that an aircraft may be detained until any document is produced to the proper officer of customs arid excise, the proper officer shall mean, unless the context other- wise requires, the officer able to grant a clearance or transire to such aircraft. 66.-(1) The Minister may by order make regulations in rela- Information as to * air transport tion to all or any of the following matters, that is to say :- undertakings and use of customs (a) subject to the provisions of sub-section (1) of this section, aerodromee for requiring any person- PAGENO="0776" 770 AIR LAWS AND TREATIES OF THE WORLD (i) who carries on the business of carrying passengers or goods in aircraft for hire or reward on such journeys or classes of journeys (whether beginning and ending at the same point or at different points) as may be specified in such regulations, or (ii) who is the holder of a licenCe in respect of a customs aerodrome, to furnish to such authorities as may be specified in such regulations such information relating to the use of aircraft for the purposes of his said business and to the persons employed, in connection with that use or, as the case may be, relating ~j the use of the aerodrome and to the persons employed in aircraft arriving thereat or departing therefrom as may be prescribed by such regulations;* (h) for requiring the owner, or the pilot or other person in charge, of any aircraft arriving at, or departing from, any customs aerodrome to furnish to the holder of the licence in respect of that aerodrome such information as may be necessary to enable the holder of the said licence to comply with such provisions of such regula- tions as relate to him; (C) for prescribing The times at which, and the form and manner in which any information required under such regulations is to be furnished. (2) A person carrying on any such business as i~s mentioned in clause (i) of paragraph (a) of the immediately preceding sub- section shall not be required by regulations made under th~ sec- tion to furnish information relating to the use of aircraft on journeys wholly outside S'ao~stát Eireann or' relating to persons' exclusively employed outside Saorstát Eireann unless the person carrying on the business is- (i) a citizen of Saorstát Eireann resident in Saorstát Eireann, or (ii) a person who is exempted from the application of the Aliens Act, 1935 (No. 14 of 1935), by virtue of an order made under ~ection 10 of the said Act, and is resident in Saorstât Eireann, `or (iii) a body corporate incorporated under the law of Saorstát Eireann. (3) If any person contravenes (whether by omission or commis. sion) any, regulation made under this section, such person shall be guilty of an offence under this section and shall be liable o~ PAGENO="0777" AIR LAWS AND TREATIES OF THE WORLD 771 summary conviction thereof to a fine not exceeding twenty pounds and in the case of a continuing offence a further fine not exceeding five pounds for each day during which the offence is continued. (4) In this se~ction the expression " customs aerodrome " means an aerodrorne for the time being approved, in pursuance of an order made under Part II of this Act and for the time being in force, as a place of landing and departure of aircraft for the pur poses of the enactments relating to customs. 67.-Section 2 of the Conveyance of Mails Act, 1893, shall appjy Couveys~nc~ to every service by air for the public carriage of passengers and of mails. goods carried on by any person, subject to the following modifica- tions, that is to say:- (a) references to a tramway company shall be construed as references to any sut~h person, (b) references to a tramway shall be construed as references to any su~h service, (c) references to carriage shall be const~ued as references to aircraft, (`I) the references in the said section 2 to the Railway and Canal Commission shall be construed as references to the Railway Tribunal. PART VIII. THE CoMPANY, SuBsIDIARY COMPANIES ANI) AER Lmrous, TEORANTA. 68.-As soon as may be after the passing of this Act the. Formatioti and Minister for Finance shall, after consultation with the Minister, registration of take all such steps as appear to him to be necessary or desiraible the Company. to procure that a limited company (in this Act referred to as the Company) conforming to the conditions laid down in the Second Schedule to this Act shall be formed and registered in Saorstát Eireann under the Companies Acts, 1908 to 1924. 69.-(1) The Minister for Finance may out of moneys provided Loan ~o Company by the Oireaebtas lend to the Company upon such terms and con- to pay expenses ditions as to time and manner of repayment, rate of interest, of formation. security and other matters whatsoever as he shall think proper, a sum not exceeding five thousand pounds. (2) Any moneys lent to the Company under this section shall be applied ~y the Company in or towards paying the expenses of PAGENO="0778" 772 AIR LAWS AND TREATIES OF THE WORLD, the promotion, formation and registration of the Company and the other preliminary expenses of the Company, and for no other purposes. (3) All sums paid to the Minister for Finance by the Company in or towards repayment of any moneys lent to the Company under this section or in payment of the interest on such moneys shall be paid into the Exchequer. 70.-No issue of the share capital of the Company (other than Issue of share capital issued to subscribers of the Memorandum of Association of the Company) shall be made at any time, unless the Minister for Finance, after consultation with the Minister, has authorised such issue. 71.-The Minister for Finance may frOm tithe to time take up Acquisition of by' subscription any class or classes of shares of the Company, but shares by ~.hc total amount of shares so taken up shall not exceed (in nominal ~ value) the sum of one million pounds. ` subscription. 72.-The Minister for Finance may, subject to such conditions Underwriting by as he may think fit, agree with the Company that, if any shares the Minister for in the Company about to be offered at any time for subscription ~ iasue are not within a specified time taken. up by. the public, .hc will take up and pay for such shares. or some specified proportiQn thereof. 73.-The Minister for Finance may, so long as he holds any `of Powers of the the shares `of the Company, e*erci~e all or any of the rights and Minister f~r powers from time -to -time exercisable by the' holder of such" shares, Finance as shareholder. and where such rights or powers are exercisable by attorney the said Minister may, if lie so thinks proper, exercise such rights or powers by his attorney. 74.-(1) The Minister for Finance may hold for as long as he Powers of thinks fit any shares of the Company acquired by him under this Minister for Act and may `as and -when he thinks fit sell all or any `of ~mh Finance in * respect of shares s~res. held by him. (2) The net proceeds of every sale by the Minister for Finance of shares of the Company held by him shall be paid into or dis- pos~d of for the benefit of -the Exchequer in such manner as lie may direct PAGENO="0779" AIR LAWS AND TREATIES OF THE WORLD 773 75.-Whenever the Company proposes to issue any deben- State guarantee tures the Minister for Finance may, if he thinks, fit, guarantee, in of debentures of such form and manner as he may think proper, the due payment the Company. by the Company in accordance with the terms of such debentures of the principal moneys and interest secured by such debentures. 76.~-(l) All moneys from time to time required by the Minister Advance of for Finance- moneys out of the Central (a) to meet payments required to be made by him to the Fund. Company in respect of any shares subscribed for or taken up by him under this Act, or (b) to meet sums which become payable under any guar- antee given by him under this Act in respect of moneys secured by debentures issued by, the Company, shall be advanced out of the Central Fund or the growing produce thereof. (2) For the purpose of providing money for the sums advanced out of the Central Fund under this section, the Minister for Finance may borrow from any person any sum or sums, and for the purpose of such borrocwing the said Minister may create and issue securities bearing such rate of interest, `and subject to such conditions as to repayment, redemption or otherwise as he shall think fit. (3) The principal and interest of any securities issued under this section and the expenses incurred in connection with the issue of such securities shall be charged on the central Fund or the growing produce thereof. (4) Any money' raised by securities issued under this section shall be placed to the credit of the account of the Exchequer and shall form part of the Central Fund and be available in any man- ner in whish such Fund is available. (5) Any moneys advanced out of the Central Fund or the growing produce thereof for the purposes mentioned in paragraph (b) of sub-section (1) of this section shall be repaid to the Central Fund `(with interest thereon at such rates as the Minister for Finance shall appoint) `by the Company in such amounts and at such times as the said Minister shall appoint, and if and so far as any such moneys are not repaid by the Company to the Central Fund, such sums shafl be repaid to the Central Fund out of moneys provil~d b)r the Oireachtas. PAGENO="0780" 774 AIR LAWS AND TREATIES OF THE WORLD 77.-All dividends, bonus and other moneys received by the Payments of Minister for Finance in respect of shares of the company held dividends, etc., by him shall be paid into the Exchequer. ~I~h~q~er 78.-Notwithstanding anything contained in the Companies Alteration of Memorandum and Acts, 1908 to 1924, no alteration in the Memorandum of Associa- Articles of tion or Articles of Association of the Company shall, so long Association of the as the Minister for Finance holds any shares of the Company, Company. be valid or effectual unless made with the previous approval of the Minister for Finance given after consultation with the Minister. 79.-(1) The Minister for Finance may, subject to the pro- subsidies. visions of this section, from time to time by order authorise the payment of subsidies to the company on such terms and con- ditions as may be specified in such order. (2) Every order made under this section shall be laid before Dáil Eircann as soon as may be after it is made, but shall not come into force unless- (a) such order is confirmed by resolution of Dáil Eireann, or (b) a period of twenty-one days on which Dáil Eircann has sat after such order was so laid before it has elapsed and a resolution annulling such order has not been passed by Dáil Eireann within the said period. (3) The aggregate amount which may be authorised to be paid to the Company by any orders made under this section shall not exceed five hundred thousand pounds, and no such order may be made after the expiration of five years from the date of the pass- ing of this Act. (4) Where an order made under this section has come into force any moneys required for payment of the subsidy specified in such order shall be paid out of moneys provided by the Oireachtas. 80.-(1) As soon as may be after the registration of the Com- Loaa by the pany, the Company may, with the consent of the Minister for Company to Aer Finance, lend to Aer Lingus, Teoranta, such sum as the Minister [Angus, Teoranta. for Finance shall certify to be sufficient to discharge any liabilities which Aer Lingus, Teoranta, may have incurred and are then unsatisfied. (2) The following provisions shall have effect in relation to the repayment of any sum lent by the Company to Aer Lingus, rilcoranta under this section, that is to say :- PAGENO="0781" AIR LAWS AND TREATIES OF THE WORLD 775 (a) such sum shall be so repaid in such one of the following ways as the Minister ~lor Finance may direct, that is to say:- (i) by the issue of debentures of an amount equal to such sum, (ii) by the issue of shares of a nominal amount equal to such sum, (iii) as to part of such sum, by the issue of debentures of an amount equal to such part and, as to the remainder of such sum, by the issue of shares of a nominal amount equal to such remainder; (b) where any debentures are so issuable such debentures shall carry such rate of interest as the said Minister shall direct, and (c) where any shares are so issuable such shares or any part thereof may as the said Minister directs be shares having priority over ordinary shares and in such case shall carry such rate of dividend as the said Minister shall direct. 81.-(1) Each company to which this section applies shall Obligation to within ninety days after the end of every accounting year furnish furnish balance to the Minister for Finance a balance sheet for such accounting sheets~ etc., to year duly audited by the ainiuitor of such company, and also a a~en15te~ fo, profit and loss account for the same accounting year similarly audited. (2) The balance sheet and profit and loss account to be fur- nished by each company to which this section applies shall be drwwn up in such manner as shall be prescribed by regulations made under this section, and such balance sheet shall contain (in addition to any matter required by such regulations) a summary of the capital, assets and liabilities of such company, together with such particulars as will disclose the nature of~ such essets enid) liabilities and the manner in which the value of the assets was arrived at. (3) Each company to w~hich this section applies shall on demand furnish to the Minister for Finance such explanations as the said Minister shall think proper to require in respect of any balance sheet or profit and loss account furnished pursuant to this section. (4) A copy of every balance sheet and profit and loss ac~ount furnished to the Minister for Finance pursuant to this section PAGENO="0782" 776 AIR LAWS AND TREATIES OF THE WORLD shall be laid `by him `before Dáil Ei'reann within one mouth after such balance sheet and profit and loss account are so furnished to him. (5) Each company to which this section applies shall whenever and so often as the Minister for Finance may require furnish to the said Minister such particulars as lie may require in respect of the activities of such company. (6) The Company ~hal1 whenever and so often as the Minister for Finance may require, furnish to the said Minister sucih par- ticulars (being particulars within the power, possession or pro- curement of the Company) as he may require in relation to any undertaking (`other than Aer Lingus. Teoranta, or a subsidiary company) in which it may `hold an interest. (7) If the Oompany, or Aer Tiingus, Teoranta, or any subsidiary company makes default in complying with the obligations imposed on it by this section, the Company, or Aer Lingus, Teoranta, or such subsidiary company (as the case may be), and every direc- tor, manager or other officer thereof who knowingly and wilfully authorised or permitted such default, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds for every day during whith the default continues. (8) The Minister for Finance may by order make regulations prescribing any matter referred to in this section as prescribed by regulations made under this section. (9) This section applies to- (a) the Company; (b) Aer Lingus, Teoranta; (c) every subsidiary company. (10) An offence under this or the next following section may be prosecuted `by or at the suit of the Minister for Finance as prosecutor. 82.-(1) An inspector shall be entitled to enter the premises of Inspection of any company to which this section applies and inspect any hooks ~ of the or documents in such premises. Company, Aer Lingua Teoranta (2) If any person- and subsidiary (a) impedes or obstructs an inspeet6r in the exercise of any companies. of the powers conferred on an inspector by this section; or (b) fails to produce any such books or documents as afore- said; PAGENO="0783" AIR LAWS AND TREATIES OF THE WORLD 777 such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceed- ing fifty pounds. (3) In this section the word "inspector" means a person authorised in writing by the Minister for Finance to exercise the powers conferred on an inspector by this section. (4) Thi~ section applies to- (a) the Company; (b) Aer Lingus, Peoranta; (c) every subsidiary company. 83.-The Control of M4rnufaetures Acts, 1932 and 1934, shall Non-appliciction not apply in respect of any act or thing done by the Company, ~Co~~~df Aer Lingus, Teoranta, or any subsidiary company. Acts 1932 ~nd 1934. PART IX. RESTRICTION ON Smtvicxs FOR INTERNAL CARRIAGE BY Aia Or PASSENGERS AND GOODS. 84.-(1) It shall not be lawful for any person to carry on an Restriction on internal air service unless- carriage by air of passengers and (a) such person is the Company, or Aer Lingus, Teoranta, or goods between a subsidiary company, or places within (b) such person is granted by the Minister under this section Saorstát Eireann. permission to carry on such service, and such service is carried on under and in accordance with such per- mission. (2) If any person acts in contravention of this section such per- son shall be guilty of an offence under this section and shall he liable on summary conviction thereof to a fine not exceeding one hundred pounds and in the case of a continuino' offence a further fine not exceeding ten pounds for each day during which the offence is continued. (3) The Minister may, if he thinks fit, grant to a person who is for the time being authorised to establish an international service permission in writing to carry on an internal air service, subject to a condition that such internal service shall be carried on only by means of aircraft operating such international service and such other conditions as the Minister thinks proper. (4) In this section the expression "internal air service" means a service by air for the public carriage of passengers, and goods or any of them originating at and destined for places within Saer- stat Eireann. PAGENO="0784" 778 AIR LAWS AND TREATIES OF THE WORLD PART X. CONTROL AND REGULATION OF CERTAIN CLASSES OF AVIATION Buslssss. 85.-(1) In this Part of this Act- Delis [tions for the expression " aviation (private hire) business" means the purposes of business of hiring out for retward aircraft, for the purpose of the P~u~t X. c~arriage of passengers or goods, under a contract whereby the air- craft is chartered as a whole for a particular journey or journeys, as specified in the journey log book of such aircraft, irrespective of the rluIubeT of passengers or the quantity of goods to be car- ried; the expression CC aviation (pleasure flights) business " means the business of giving for reward pleasure flights in aircraft begin- ning and ending, without landing in the course of thern flight, at the same aerodrome; the expression" aviation (instruction) business "means the busi- ness of giving for reward instruction in aviation. (2) For the purposes of this Act an aviation (private hire) business, art aviation (pleasure flights) business, and an aviation (instruction) business shall each constitute a separate class of aviation business. 86.-(l) The Minister may by order appoint a day to be the The appointed appointed day for the purposes of this Part of this Act. day for the (2) In this Part of this Act the expression "the appointed Part X. day" means the day appointed by the Minister under this sec- tion to be the appointed day for the purposes of this Part of this Act. 87.-(1) On and after the appointed day it shall not be law- Prohibition of ful for any person, in the course of an aviation (private hire) carrying on business carried on by him, to carry by any aircraft in Saorstát s1~j~h Eireann any passenger or goods, unless- Past X applies (a) such person is the holder of a licence (in this Part of this h~ unlicensed Act referred to as an aviation business licence) granted 1)E~15d1~5. under this Part of this Act, authorising him to carry on such business, or (b) such aircraft- (i) started its journey from a place outside Saorstát Eireann, and (ii) was privately charterea as a whole, and PAGENO="0785" AIR LAWS ~ND TREATIES OF THE WORLD 779 (iii) does not, while in Saorstát Eireann, carry for reward any passengers, other than some or all of the passengers it carried on its first landing in Saorstát Eireaun. (2) On and after the appointed day it ~hall not be lawful for any person, in the course of an aviation (pleasure flights) busi- ness carried on by him, to carry by air in Saorstát Eireann aall uasseuger unless such person is the holder of a licence (in this Part of this Act also referred to as an aviation business licence) granted under this Part of this Act authorising him to carry on such business. (3) On and after the appointed day it shall not be lawful for any person, in the course of an aviation (instruction) business carried on by him, to carry by air in Saorstát Eireann any other person, unless such first-mentioned person is the hoid~r of a licence (in this Part of this Act also referred to as an aviation business licence) granted under this Part of this Act authorising him to carry on such business. (4) Every person `Who acts in contravention of this section shall be guilty of an offence under this section, and shall be liable on summary conviction thereof to a flue not exceeding one hun- dred pounds, and in the case of a continuing offence, a further fine not exceeding ten pounds for every day during which the offe~nce is continued. (5) A certificate purporting to be signed by an officer of the Minister and to certify that on a specified day or days or during the whole of a specified period a specified person was not the holder of an aviation business licence in respect of a specified class of aviation business shall, without proof of the signature of the person purporting to sign such certificate or that he was an officer of the Minister, be evidence until the contrary is proved of such of the matters aforesaid as are purported to be certified in and by such certificate. 88.-(l) Any person may apply to the Minister for an aviation Application for business licence authorising him to carry on a specified class of aviation business aviation business. licences. (2) Every application for an aviation business licence shall be in the prescribed form and contain the prescribed particulars. 67717 O-61--50 PAGENO="0786" 780 AIR LAWS AND TREATIES OF THE WORLD 89.-Whenever any person applies to the Minister under and Grant of aviation in accordance with the immediately preceding section for an bu~ine5s licence. aviation business licence in respect of a particular class of aviation business the following provisions shall have effect, that is to say (a) in case such person satisfies the Minister that he was on the 1st day of January, 1936, carrying on in Saorstát Eireann a business of a class similar to that in respect of which such application relates, the Minister shall grant such licence to such person, and (b) in every other oase, the Minister may, in his absolute dis- cretion either grant or refuse to grant such licence. 90.-Every aviation business licence in respect of a particular Operation of class of aviation business shall be expressed amd operate to aviation business licence. authorise the person :~rho is for the time being the hcensee under such licence to carry on the aviation business of that class, but subject to the provisions of this Act and any orders or regulations made thereunder, and to the conditions (if any) attached to such licence. 91.-(i) Whenever the Minister grants an aviation business Attachment of licence, he may attach to such licence any conditions that he may conditions to think proper, and in particular, and without prejudice to the ~i~t~:n business generality of the foregoing power, conditions as to all or any of ice the following matters, that is to say:- (a) the limitation of the area in relation to which the class of business to which such licence relates is to be carried on, (b) wages and conditions of employment of the employees of such business, and (c) the employment of citizens of Saorstát Eireann and the use of Saorstát Eireann manufactures in connection with such business. (2) Whenever the Minister attaches any conditions to an aviation business licence he shall specify such conditions in such licence. 92.-(1) The Minister may, if he so thinks fit, on the application Ameiidnient of of the holder of an aviation business licence, amend (whether by conditions of addition, omission or variation) the conditions attached to such aviation business licence. hcence. PAGENO="0787" AIR LAWS AND TREATIES OF THE WORLD- (2) The Minister may on his own motion amend (whether by addition, omission or variation) in such manner as he thinks fit the conditions attached to an aviation business licence. (3) Whenever the Minister proposes to amend, in exercise of the power conferred on him by the immediately preceding sub-section, the conditions attached to an aviation business licence, he shall cause a notice to be served by post on the licensee under such licence specifying the amended conditions which are to attach to such licence and upon service of such notice the said amended conditions shall attach to such licence. 781 93.-If any person who is the licensee under an aviation busi- ness licence fails, neglects, or refuses to observe or comply with any of the conditions attached to such licence, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds and in the case of a continuing ~ffence a further fine not exceed- ing five pounds for every day dr Sing which the offence is con- tinued. 94.-(l) Every aviation business licence ~hall specify the date on which it commences and every such licene~ shall commence on the date so specified. (2) Every aviation business licence shall (unless it previously lapses or is revoked under this Part of this Act) continue in force for a period of twelve months from the date on which it com- menced and shall then expire unless it is renewed under this Part of this Act. 95.-(l) Every person who is the licensee under an aviation business licence which is in force (whether by virtue of the original grant. or of a renewal of such licence) may, within the prescribed time and while such licence continues so in force, apply to the Minister for a renewal of such licence. (2) Every application for the renewal of an aviation business licence shall be made in the prescribed form and shall contain the prescribed particulars. Breach of conditions attached to aviation business licence. Commencement and duration of aviation business licence. Application for renewal of aviation business licence. PAGENO="0788" 782 AIR LAWS AND TREATIES OF THE WORLD 96.-(1) The Minister may refuse an application for a renewal Grant of renewal of an aviation business licence on one or more of the following ~ ~v~atm~ business licence. grounds, but on no other ground, that is to say :- (~) on the ground that in his opinion there was, during the currency of the licence or of the last renewal thereof, a breach of ur a failure to observe or comply with one or more of the conditions attached to such licence; (b) on the ground that in his opinion there was, during such currency, a breach of or a failure to observe or comply with the provisions of this Act or of any orders or regulations made thereunder; (c) on the ground that the licensee under such licence has, during such currency, been convicted of an offence (whether under this or any other Act) in relation to the aviation business to which such licence relates or to the aircraft used therein. (2) Whenever the Minister grants a renewal of an aviation business licence, the Minister may amend (whether by addition, omission or variation) in such manner as he thinks proper the conditions attached to such licence. 97.-Every renewal of an aviation business licence shall corn- Duration of rnence immediately upon the expiration of the licence or of the renewal of renewal of the licence (as the case may be) of which it is a renewal aviation business and shall (unless it previously lapses or is revoked under this Act) licence. continue in force for a period of twelve months from the date on which it commenced. 98.-(1) The Minister may at any time revoke an aviation Revocation of business licence upon the application of the licensee thereunder, aviation bush licence. (2) The Minister may at any time on his own motion and at his absolute discretion revoke or suspend for such time as he shall think proper an aviation business licence on any ground on which he is authorised by this Part of this Act to refuse an application for the renewal of such licence. (3) The Minister may at any time on his own motion and at his absolute discretion revoke an aviation business licence if he is satisfied that such licence was obtained by fraud or misrepre- sentation. PAGENO="0789" AIR LAWS AND TREATIES OF THE WORLD 783 99.-(l) An aviation business licence shaM not be transferai)le Tiansfer of by the licensee thereunder or by operation of law to any other aviation Jusiness person. licence. (2) Whenever the ownership of an aviation business has been transferred, whether by act of the parties or operation of law, from the licensee under the aviation business licence relating to such business to another person, the Minister, if he so thinks proper, may, on the application of such person, transfer such licence to such person. (3) Every application for the transfer of an aviation business licence under this section shall be made in the prescribed form and contain the prescribed particulars. (4) Where an aviation business licence is transferred under this section such licence shall be deemed to have been transferred as on the date on which the business to which such licence relates was transferred. 100.-Whenever the licensee under an aviation business licence Death of licensee dies, the following provisions shall have effect, that is to say :- (a) the aviation business to which such licence relates may be carried on under such licence until the happening of whichever of the following events first happens, that is to say, the grant of probate of the will or letters of administration of the personal estate of the licensee, or the expiration of such licence, or the expiration of three months from the death of such licensee; (b) the said aviation business may, while such licence is in force, be carried on by the personal representative of such licensee until the expiration of six months from the death of such licensee or the expiration of such licence, whichever first happens; (c) the personal representati~ve of such licensee may apply to the Minister for a renewal or a transfer (as the circum- stances may require) of such licence to himself and upon such application being made the following provisions shall have effect, that is to say :- (i) if such application is for a renewal, the Minister may refuse such application but only on a ground upon which he would be authorised by this Act to refuse the application if such licensee had survived and had himself made the application; (ii) if such application is for a transfer, the Minister shall grant such application. PAGENO="0790" 784 AIR LAWS AND TREATIES OF THE WORLD 1O1.-(l) Every person who applies iihder this P~trt of this Act Furnishing of for a grant, renewal or transfer of an aviation business licence ~i'm~ion and shall, when required by the Minister so to do, furnish to the ~ Minister all such information as the Minister may require for the gr~nt renewal consideration of such application, and t'ransfer of aviation business (2) The Minister may require any statement of fact made in an licences application for the grant, renewal or transfer of an aviation business licence or made to the Minister in response to a request for information under the next preceding sub-section to be verified by the statutory declaration of some person having personal know- ledge of the fact so stated. (3) If any person fails to furnish any information or any verifi- cation which he is required by the Minister under this section to furnish, the Minister may, on the ground of such failure and without prejudice to any other power of refusal conferred on him by this Part of this Act, refuse the application in relation to which such information or verification is so required. 102.-(l) There shall be paid to the Minister on every application Fees on grant, under this Part of this Act for the grant, renewal, or transfer of an etc., of aviation aviation business licence a fee of such amount as may be from time business licence. to time fixed by the Minister, with the consent of the Minister for Finance, and the payment of such fee (which shall be retained whether the application is or is not granted) shall he a. condition precedent to the consideration of such application. (2) Different fees may be fixed in respect~ of grants, renewals and transfers respectively of aviation business licences and in respect of aviation business licences authorisi.ng the carrying *on of different classes of aviation businesses. 103,-(1) The Minister may, by regulation made by him under Accounts and this Act, prescribe the accounts to be kept by every person carry- ing on an aviation business under an aviation business licence and aviation business also the statements of accounts, returns of traffic, and other returns licences. to be furnished periodically by every such person to the Minister and the times and occasions at which such returns are to be so furnished. (2) The Minister may, by the conditions attached to an aviation business licence, require the licensee under such licence to keep accounts or make returns differing (whether by addition, omission, or variation) from the accounts or returns prescribed by regula- tions made under this Part of this Act, and where any such con- dition is attached to an aviation business licence, the said regula- tions shall have effect in respect of the licensee under such licence subject to such condition. PAGENO="0791" AIR LAWS AND TREATIES OF THE WORLD 785 (3) The Minister may publish, as and when he thinks proper, all or any returns made to him under this section and also statistics compiled by him from such returns. (4) Every person who shall fail to keep the accounts or make the returns which he is required by regulations made under this Act or by a condition attached to an aviation business licence to keep or make shall be guilty of an offence under this section and shall be liable on summary convietion thereof to a fine not exceeding twenty pounds and, in the case of a continuing offence, a further fine not exceeding one pound for every day during which the offence continues. FIRST SCHEDULE. INTERNATIONAL CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO INTERNATIONAL CARRIAGE BY AIR. CHAPTER 1.-&ope~--D&finthons. ARTICLE 1. (1) The present Convention shall apply to all international carriage of persons, luggage or goods performed by aircraft for reward. It shall apply equally to gratuitous carriage by aircraft performed by an air transport undertaking. (2) The expression" international carriage" within the meaning of the present Convention shall be any carriage in which, according to the contract made by the parties, the place of departure and the place of destination, whether or not there he a break in the carriage or a transhipment, are situated either within the territories of two High Contracting Parties, or within the territory of a single High Contracting Party, if there is an agreed stopping place within a territory subject to the sovereignty, suzerainty, mandate or authority of another Power, even though that Power is not a party to this Convention. A carriage without such an agreed stopping place between territories subject to the sovereignty, suzerainty, mandate or authority of the same High Contracting Party shall not be deemed to be international for the purposes of the present Convention. PAGENO="0792" 786 AIR LAWS AND TREATIES OF THE WORLD (3) A carriage to be performed by several successive air carriers shall be deemed, for the purposes of this Convention, to be one undivided carriage, if it has been regarded by the parties as a single operation, whether it had been agreed upon under the form of a single contract or of a series of contracts, and it shall not lose its international character merely because one contract or a series of contracts is to be performed entirely within a territory ~ubjcct to the sovereignty, suzerainty, mandate or authority of the same I ugh Contracting Party. ARTICLE 2. (1) This Convention shall apply to carriage performed by the State or by legally constituted public bodies provided it falls within the conditions laid down in Article 1. (2) The present Convention shall not apply to carriage performed under the terms of any international postal Convention. CHAPTER II.-Docv~ments of G~rriage. Section 1.-Pas.s~ei~ger Ticket. ARTICLE 3. (1) For the carriage of passengers the carrier must deliver a passenger ticket which shall contain the following particulars (a) the place and date of issue; (b) the place of departure and of destination; (c) the agreed stopping places, provided that the carrier may, in case of necessity, alter the said stopping places without thereby depriving the carriage of its inter- national character; (d) the name and address of the carrier or carriers; (e) a statement that the carriage is subject to the rules relating to liability established by the present Convention. (2) The absence, irregularity or loss of the passenger ticket shall not affect the existence or the validity of the contract of carriage, which shall none the less be subject to the rules of the present Convention. Nevertheless, if the carrier accepts a passenger without PAGENO="0793" AIR LAWS AND TREATIES OF THE WORLD 787 a passenger ticket having been delivered he shall not be entitled to avail himself of those provisions of this Convention which exclude or limit `his liability. .Section 2.-Luggage Ticket. ARTIcLE 4. (1) For the carriage of luggage, other than small personal objects of which the passenger takes charge himself, the carrier must deliver a luggage ticket. (2) The luggage ticket shall be made out in duplicate, one part f or the passenger and the other part for the carrier. (3) The luggage ticket shall contain, the following particulars (a) the place and date of issue; (b) the place of departure and of destination; (c) the name and address of the carrier or carriers; (ci) the number of the passenger ticket; (.e) a statement that delivery of the luggage will be made to the bearer of the luggage ticket; (f) the number and weight of the packages; (g) the amount of the value declared in accordance with Article 22, paragraph (2); (k) a statement that the carriage is subject to the rules relating to liability established by the present Convention. (4) The absence, irregularity or loss of the luggage ticket shall not affeèt the existence or th~, validity of the contract of carriage, which shall none the less b~ subject to the rules of the present Convention. Nevertheless, if the carrier accepts luggage without a luggage ticket having been delivered, or if the luggage ticket does not contain the particulars set out at (ci), (f) and (h) above, the carrier shall not be entitled to avail himself of those provisions of the Convention which exclude or limit his liability. PAGENO="0794" 788 AIR LAWS AND TREATIES OF THE WORLD Section 3.-Air (Jon1signtment Note. ARTICLE 5. (1) Every carrier of goods has the right to require the consignor to make out and hand over to him a document called an "air consignment note "; every consignor has the right to require the carrier to accept this document. (2) Nevertheless, the absence, irregularity or loss of this docu- ment shall not affect the existence or the validity of the contract of carriage which shall none the less be governed by the rules of the present Convention subject to the provisions of Article 9. ARTICLE 6. (1) The air consignment note shall be made out by the consignor in three original parts and be handed over with the goods. (2) The first part shall be marked "for the carrier," and shall be signed by the consignor. The second part shall be marked" for the coilsignee"; it shall be signed by the consignor and by the carrier and shall accompany the goods. The third part shall be signed by the carrier and handed by him to the consignor after the goods have been accepted. (3) The signature of the carrier shall be affixed on his acceptance of the goods. (4~) The signature of the carrier may be stamped; that of the consignor may be printed or stamped. ~ if, at the request of the consignor, the carrier makes out the air consignment note, he shall be deemed, subject to proof to the contrary, to have done so on behalf of the consignor. ARTICLE. 7. The carrier of goods is entitled to require the consignor to make out separate consignment notes when there is more than one package. PAGENO="0795" AIR LAWS AND `TREATIES QF TIlE WORLD 789 ARTICLE 8. The air consignment note shall contain the following particulars (a) the place and date of its execution; (b) the place of departure and of destination; (c) the agreed stopping places, provided that the carrier may, in case of necessity, alter the said stopping places without thereby depriving the carriage of its inter- national character; (d) the name and address of the consignor; (e) the name and address of the first carrier; (f) the name and address of the consignee, if the case so requires; (g) the nature of the goods; (h) the number of the packages, the method of packing and the particular marks or numbers upon them; (4) the weight, the quantity and the volume or dimensions of the goods; (j) the apparent condition of the goods and of the packing; (Ic) the freight, if it has been agreed upon, the date and place of payment, and the person who is to pay it; (1) if the goods are sent for payment on delivery, the price of the goods, and, if the case so requires, the amount of the expenses incurred; (m) the amount of the value declared in accordance with Article 22, paragraph (2); (n) the number of parts of the air consignment note; (o) the documents delivered to the carrier to accompany the air consignment note; (p) the time fixed for the completion of the carriage and a brief indication of the route to be followed (via), if these maters have been arranged; (q) a statement that the carriage is subject to the rules relating to liability established by the present Convention. PAGENO="0796" 790 AIR LAWS AND TREATIES OF THE WORLD ARTICLE 9. If the carrier accepts goods without an air consignment note having been made out, or if such note does not contain all the particulars set out in Article 8 (a) to (i~ inclusive and (q), the carrier shall not be entitled to avail himself of the provisions o~ this Convention which exclude or limit his liability. ARTIcLE. 10. (1) The consignor is responsible for the correctness of the parti- culars and statements relating to the goods which he inserts in tl~s air consignment note. (2) He shall be liable for all damage caused to the carrier or to any other person by the irregularity, inexactitude or insufficiency of the said particulars and statements. ARTIcu~ 11. (1) In the absence of proof to the contrary the air consignment note shall be evidence of the conclusion of the contract, of the receipt of the goods and of the conditions of carriage. (2) In the absence of proof to the contrary the statements in the air consignment note relating to the weight, dimensions and pack- ing of the goods, as well as those relating to the number of pack- ages, shall be evidence thereof; those relating to the quantity, volume and condition of the goods shall only constitute evidence against the carrier in so far as they have been, and are stated in the air consignment note to have been, checked by him in the presence of the consignor, or where the statements relate to the apparent condition of the goods. ARTICLE 12. (1) On condition that he carries out all his obligations under the contract of carriage, the consignor has the right to deal with the goods either by withdrawing them at the aerodrome of departure or destination, or by stopping them in the course of the journey at a landing place, or by requiring them to he delivered at the place of destination or in the course of the journey to a person other than the consignee named in the air consignment note, or by demanding their return to the aerodrorne of departure, provided that the exercise of this right shall not prejudice either the carrier PAGENO="0797" AIR LAWS AND TREATIES OF THE WORLD 791 or other consignors and that any expenses which result therefrom will be refunded. (2) If it is impossible to carry out the orders of the consignor the carrier must so inform him forthwith. (3) If the carrier obeys the orders of the consignor for the disposition of the goods without requiring the production of the part of the air consignment note delivered to the latter, he will be liable, without pre~udice to his right of recovery from the con- signor, for any damage which may be caused thereby to any person who is lawfully in possession of the air consignment note. (4) The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Article 13. Nevertheless, if the consignee declines to accept the consignment note oi' the goods, or if he cannot be communicated with, the consignor resumes his right of disposition. ARTICLE 13. (1) Except in the circumstances set out in the preceding article, the consignee is entitled, on the arricval of the goods at the place of destination, to require the carrier to hand over to him the air consignment note and to deliver the goods to him, on payment of the charges due and on complying with the conditions of carriage set out in the air consignment note. (2) Unless it is otherwise agreed, the carrier shall notify the consignee on the arrival of the goods. (3) If the carrier admits the loss of the goods, or if the goods have not arrived on the expiration of a period of seven days after the date on which they ought to have arrived, the consignee shall be entitled to enforce against the carrier the rights which result from the contract of carriage. ARTICLE 14. The consignor and the consignee can enforce all the rights conferred on them respectively by Articles 12 and 13, each in his own name, whether he is acting in his own interest or in the interest of another, provided that he carries out the obligations imposed by the contract. PAGENO="0798" 792 AIR LAWS AND TREATIES OF THE WORLD Ai~ricr~ 15. (1) Articles 12, 13, and 14 shall not prejudice either the relations of the consignor or the consignee with each other or the relations of third parties whose rights are derived either from the consignor or from the consignee. (2) Any condition which departs from the provisions of Articles 12, 13 and 14 should be embodied in the air consignment note. ARTICLE 16. (1) The consignor shall be obliged to furnish such information and attach to the air consignment note s~uch documents as are necessary for the completion of the formalities of customs, octroi or police before the goods can be delivered to the consignee. The consignor is liable to the carrier for any damage which may result from the absence, insufficiency or irregularity of any such informa- tion or documents, unless the damage is due to the fault of the carrier or his agents. (2) The carrier shall not be obliged to inquire into the correctness or sufficiency of such information or documents. CHAPTER III.-Iiio~bi1it~y of the Carrier. AI~pIc~LE 17. The carrier is liable for damage sustained in the event of the death or wounding of a passenger or any other bodily injury suffered by a passenger, if the accident which caused the damage so sustained took place on board the aircraft or in the course of any of the operations of embarking or disembarking. ARTICLE 18. (1) The carrier is liable for damage sustained in the event of the destruction or loss of, or of damage to, any registered luggage or any goods, if the occurrence which caused the damage so sus- tained took place during the carriage by air. (2) The carriage by air within the meaning of the preceding paragraph comprises the period during which the luggage or goods are in charge of the carrier, whether in an aerodrome or on board an aircraft, or, in the case of a landingou-tside an aerodrome, in any place whatsoever. PAGENO="0799" AIR LAWS AND TREATIES OF THE WORLD 793 (3) The period of the carriage by air does not include any carriage by land, by sea or by river performed outside an aero- drome. If, however, such a carriage takes place in the performance of a co'ñtract for carriage by air, for the purpose of loading, delivery or trans-shipment, any damage is presumed, subject to proof to the contrary, to have been the result of an event which occurred during the carriage l~y air. ARpIcr,i~ 19. The carrier is liable for damage resulting from any delay in the carriage by air of passengers, luggage or goods. ARTICLE 20. (1) The carrier is not liable if he proves that he and his agents have taken all necessary measures to avoid the damage or that it was impossible for him or them to take such measures. (2) In the carriage of goods and luggage the carrier is not liable if he proves that the damage was occasioned by negligent pilotage or negligence in the handling of the aircraft or in navigation and that, in all other respects, he and his agents have taken all neces- sary measures to avoid the damage. ARTICLE 21. Where the carrier proves that the negligence of the person suffer- ing damage has caused or contributed to the damage the Court may, in accordance with the provisions of its own law, exonerate the carrier or mitigate his liability. ARTICLE 22. (1) In the carriage of passengers the liability of the carrier for each passenger is limited to the sum of 125,000 francs. Where, in accordance with the law of the Court seised of the ease, damages may be awarded in the form of periodical payments, the equivalent capital value of the said payments shall not exceed the aforesaid maximum. Nevertheless, by special agreement with the carrier, the passenger may arrange a higher limit of liability. (2~ In the carriage of registered luggage and of goods, the liability of the carrier is limited to a sum of 250 francs per kilo- PAGENO="0800" 794 AIR LAWS AND TREATIES OF THE WORLD gram, unless the consignor makes, when handing over the package to the carrier, a special declaration of the value at delivery and pays a supplementary sum if so required. In that case the carrier will be liable up to the amount of the declared sum, unless he proves that that sum is greater than the actual value to the consignor at delivery. (3) As regards objects of which the passenger takes charge him- self the liability of the carrier is limited to 5,000 francs per passenger. (4) The sums mentioned above shall be deemed to refer to the French franc consisting of 65~ milligrams gold of millesimal fine- ness 900. These sums may be converted into any national cur- rency in round figures. AwrIcLE 23. Any provision tending to relieve the carrier of liability or to fix a lower limit than that which is laid down in the present Convention shall be null and void, but the nullity of any such pro- vision does not involve the nullity of the whole contract, which shall remain subject to the provisions of the present Convention. ARTICLE 24. (1) In the cases covered by Articles 18 and 19 any action for damages, however founded, can only be brought subject to the conditions and limits set out in the present Convention. (2) In the cases covered by Article 17 the provisions of the preceding paragraph also apply, without prejudice to the questions as to who are the persons who have the right of action and what are their respective rights. ARTICLE 25. (1) The carrier shall not have the right to avail himself of $;he provisions of the present Convention which exclude or limit his liability, if the damage is due to malice or to such default on his part as, in accordance with the law of the Court seised of the case, is considered to involve malice. PAGENO="0801" AIR LAWS AND TREATIES OF THE WORLD 795 (2) This right will be equally denied to him if the damage has been caused in similar conditions by one of his agents in the scope of his employment. .ARTIcI~ 26. (1) Acceptance of the luggage or goods without complaint by the consignee shall, in the absence of proof to the contrary, constitute evidence that the consignment has been delivered in good condition and in accordance with the document of carriage. (2) In case of damage, the consignee must complain to the carrier forthwith after the discovery of the damage, and, at the latest, within three days from the date of receipt in the case of luggage and seven days from the date of receipt in the case of goods. In case of delay the complaint must be made at the latest within fourteen clays from the date on which the luggage or goods have been placed at his disposal. (3) Every complaint must be made in writing upon the docu- ment of carriage or by separate notice in writing despatched within the period prescribed for such complaint. (4) Failing complaint within the prescribed periods, no action shall lie against the carrier, save in the case of fraud on his part. ARTICLE 27. In the case of the death of the person liable, an action for damages lies in accordance with the terms of the present Con- vention against his personal representatives. ARTICLE 28. (1) An action for damages must be brought, at the option of the plaintiff, in the territory of one of the High Contracting Parties, either before the Court having jurisdiction where the carrier is domiciled, or has his principal place of business, or has an establishment by which the contract has been made or before the Court having jurisdiction at the place of destination. (2) Questions of procedure shall be governed by the law of the Court seised of the case. 67717 O--61--51 PAGENO="0802" 796 AIR LAWS AND TREATIES OF THE WORLD ARTICLE 29. (1) The right to damages shall be barred if an action is not brough 1. within two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft should have arrived, or from the date on which the carriage stopped. (2) The method of calculating the aforesaid period shall be determined by the law of the Court seised of the case. ARTICLE 30. (1) In the case of carriage to be performed by various successive carriers and falling within the definition set out in the third para- graph of Article 1, each carrier accepting passengers' luggage or goods is subject to the rules set out in this Convention and is deemed to be one of the contracting parties to the contract of carriage in so far as that contract deals with such part of the carriage as is performed under his supervision. (2) In the case of carriage of this nature, the passenger or his representative can take action only against the carrier who per- formed the carriage during which the accident or the delay occurred, save in the case where, by express agreement, the first carrier has assumed liability for the whole journey. (3) In the case of luggage or goods, the consignor will have a right of action against the first carrier, and the consignee who is entitled to delivery will have a right of action against the last carrier, and further, each may take action against the carrier who performed the carriage during which the destruction, loss, damage or delay took place. These carriers will be jointly liable to the consignor or consignee. CHAPTER IV.-Provision~ relating to (Jnnbined Carria~ge. ARTICLE 31. (1) In the case of combined carriage performed partly by air and partly by any other mode of carriage, the provisions of the present Convention apply only to the' carriage by air, if such carriage falls within the terms of Article 1. PAGENO="0803" AIR LAWS AND TREATIES OF THE WORLD 797 (2) Nothing in th~ present Convention sha[l prevent the parties in the case of combined carriage from inserting in the document of air carriage conditions relating to other modes of carriage, pro- vided that the provisions of the present Convention are observed as regards the carriage by air. CHAPTER V.-Generai a~ FinaZ Provisions. ARTICLE 32. Any clause contained in the contract and all special agreements entered into before the damage by which the parties purport to depart from the rules laid down by the present Convention, whether by deciding the law to be applied, or by altering the rules as to jurisdiction, shall be null and void. Nevertheless, for the carriage of goods arbitration clauses are allowed, subject to the present Convention, if the arbitration is to take place within one of the jurisdictions referred to in the first paragraph of Article 28. ARTICLE 33. Nothing contained in the present Convention shall prevent the carrier either from refusing to enter into any contract of carriage, or from making regulations which do not conflict with the pro- visions of the present Convention. ARTICLE 34. The present Convention shall not apply to international carriage by air performed by way of experimental trial by air navigation undertakings with the view to the establishment of a regular line of air navigation, nor shall it apply to carriage performed in extra- ordinary circumstances outside the normal scope of an air carrier's business. ARTICLE 35. The expression "days" when used in the present Convention means current days not working days. ARTICLE 36. The present Convention is drawn up in French in a single copy which shall remain deposited in the archives of the Ministry for Foreign Affairs of Poland and of which one duly certified copy shall PAGENO="0804" 798 AIR LAWS AND TREATIES OF THE WORLD be sent by the Polish Government to the Government of each of the High Contracting Parties. ARTICLE 37. (1) The present Convention shall be ratified. The instruments of ratification shall be deposited in the archives of the Ministry for Foreign Affairs of Poland, which will notify the deposit to the Government of each of the High Contracting Parties. (2) As soon as the present Convention shall have been ratified by five of the High Contracting Parties it shall come into force as between them on the ninetieth day after the deposit of the fifth ratification. Thereafter it shall come into force between the High Contracting Parties who shall have ratified and the High Contract- ing Party who deposits his instruments of ratification on the ninetieth day after such deposit. (3) It shall be the duty of the Government of the Republic of Poland to notify to the Government of each of the High Contract- ing Parties the date on which the present Convention comes into force as well as the. date of the deposit of each ratification. ARTICLE 38. (1) The present Convention shall, after it has come into force, remain open for accession by any State. (2) The accession shall be effected by a notification addressed to the Government of the Republic of Poland, which will inform the Government of each of the High Contracting Parties thereof. (3) The accession shall take effect as from the ninetieth day after the notification ni~'de to the Government of the Republic of Poland. ARTICLE 39. (1) Any one of the High Contracting Parties may denounce the present Convention by a notification addressed to the Government of the Republic of Poland. which will at once inform the Govern- ment of each of the High Contrac~~ng Parties. (2) Denunciation shall take effect six i~'nths after the notification of denunciation, and in respect only of tho party who shall have proceeded to denunciation. PAGENO="0805" AIR LAWS AND TREATIES OF THE WORLD 799 ARTICLE 40. (1) Any High Contracting Party may, at the time of signature or of deposit of ratification or of accession, declare that the accept- ance which he gives to the present Convention does not apply to all or any of his colonies, protectorates, territories under mandate, or any other territory subject to his sovereignty or his authority; ~r any territory under his suzerainty. (2) Accordingly any High Contracting Party may subsequently accede separately in the name of all or any of his colonies, pro- tectorates, territories under mandate or any other territory subject to his sovereignty or to his authority or any territory under his suzerainty which have been thus excluded by his original declaration. (3) Any High Contracting Party may denounce the present Convention, in accordanceS with its provisions, separately or for all or. any of his colonies, protectorates, territories under mandate or any other territory subject to his sovereignty or to his authority, or any other territory under his suzerainty. ARTiCLE 41. Any High Contracting Party shall be entitled not earlier than two years after the coming into force of the present Convention to call for the assembling of a new international Conference in order to consider any improvements which might be made in the present Convention. To this end he will communicate with the Government of the French Republic which will take the necessary measures to make preparations for such Conference. The present Convention, done at Warsaw on the 12th October, 1929, shall remain open for signature until the 31st January, 1930. (Here follow the signatures on behalf of the following countries :- Germany, Austria, Belgium, Brazil, Denmark, Spain, France, Great Britain, and Northern Ireland, the Commonwealth of Australia, the Union of South Africa, Greece, Italy, Japan, Latvia, Luxembourg, Norway, the Netherlands, Poland, Roumania, Switzerland, Czecho-Slovakia, the Union of Soviet Socialist Republics, and Yugoslavia.) PAGENO="0806" 800 AIR LAWS AND TREATIES OF THE WORLD ADDITIONAL PROTOCOL. (With reference to Ar&Ze 2.) The High Contracting Parties reserve to themselves the right to declare at the time of ratification or of accession that paragraph (1) of Article 2 of the present Convention shall not apply th inter- national carriage by air performed directly by the State, its colonies, protectorates or mandated territories or by any other territory under its sovereignty, suzerainty or authority. [Satins sig~vaktres as those to the C ve4vtion show~v above.] SECOND SCHEDULE. Cor,~wITIoNs TO WHICH THE COMPANY IS TO CONFORM. 1. The Memorandum and Articles of Association of the Com- pany shall be subject to the approval of the Minister for Finance after consultation by him with the Minister for Industry and Commerce. 2. The amount of the share capital of the company shall be bu~h sum not exceeding one million pounds as the Minister for Finance shall approve. 3. The Memorandum of Association of the Company shall pro- vide- (a) that the registered office of the Company shall be situate in Dublin; (b) that the principal objects of the Company shall include- (i) the establishment, maintenance and working of lines of aerial conveyances between places in Saorstát Eireann and between Saorstát Eireann and other countries either directly or by means of Aer Lingus Teoranta and other air transport undertakings in which the Company has a controlling interest; (ii) the acquisition and holding of shares in Aer Lingus Teoranta; (iii) the promotion of and the holding of shares in such other air transport undertakings; (iv) the holding of shares in and making of working arrangements with air transport undertakings, other than those mentioned in the immediately preceding clause; (v) the giving, with the consent of the Minister for Finance, of financial or other assistance to such air transport undertakings; PAGENO="0807" AIR LAWS AND TREATIES OF THE WORLD 801 (c) that the liability of the members of the Company shall be limited; (d) that the share capital of the Company shall be divided into shares of one pound each, and that the Company shall, with the consent of the Minister for. Finance, have power to divide the shares in the capital of the ~Company into several classes and to attach thereto respectively any preferential, deferred, qualified or special rights, privileges or con- ditions. 4. The Articles of Association of the Company shall provide- (a) that the number of directors of the Company shall be five; (b) that so long as the Minister for Finance holds not less than one-tenth (in nominal value) of the issued shares of the Company or so long as any debentures of the Com- pany guaranteed by the said Minister under this Act are outstanding, three of the Directors of the Company shall be nominated by the said Minister after consulta- tion with the Minister for Industry and Commerce; (c) that the Company shall for the purposes of the Company have power to raise money by means of debentures, sub- ject however as follows :- (i) the amount so raised shall not exceed at any time the paid up share capital of the company, (ii) the said power shall not, so long as the Minister for Finance holds not less than one-tenth of the share capital of the Company or so long as any debentures of the Company guaranteed by the said Minister. under this Act are outstanding, be exercised without the consent of the said Minister; (d) that so long as the Minister for Finance holds any shares of the Company, no person shall be capable of being appointed auditor of the Company unless the approval of the said Minister to the nomination of such person to the office of auditor has been given PAGENO="0808" PAGENO="0809" Number 10 of 1942. AIR NAVIGATION AND TRANSPORT * (AMENDMENT) ACT, 1942. 803 PAGENO="0810" $04 AIR LAWS AND TREATIES OF THE WORLD AIR NAVIGATION AND TRANSPORT (AMENDMENT) ACT, 1942 (No. 10) ARRANGEMENT OF SECTIONS. Section. 1. The Principal Act. 2. Amendment of section 79 of the Principal Act. 3. Short title and collective citation. PAGENO="0811" AIR LAWS AND TREATIES OF THE WORLD 805 AN ACT TO AMEND SECTION 79 OF THE AIR NAVIGATION AND TRANSPORT ACT, 1936. [26th May, 1942.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS :- 1.-In this Act the expression "the Principal Act" means the The Air Navigation and Transport Act, 1936 (No. 40 of 1936). Principal Act. 2.-Section 79 (which relates to subsidies) of the Principal Act Amendment of shall be construed and have effect- section 79 of the (a) as if the following sub-section were inserted therein in Principal Act. lieu of sub-section (2), that is to say :- (2) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling such order is passed by either such House within the next subsequent twenty-one days on which such House has sat after such order is laid before it, such order shall be annulled accordingly but without prejudice to the validity of anything previously done under such order."; and (b) as if for the reference in sub-section (3) to five years from the date of the passing of the Principal Act there were substituted a reference to five years from the date of the passing of this Act; and (c) as if the following sub-section were inserted therein in lieu of sub-section (4), that is to say :- "(4) Any moneys required for the payment of the subsidy specified in an order made under this section shall be paid out of moneys provided by the Oireaehtas.". 3.-This Act may be cited as the Air Navigation and Transport Short title and (Amendment) Act, 1942, and the Principal Act and this Act may collective citation. be cited together as the Air Navigation and Transport Acts, 1936 and 1942. PAGENO="0812" PAGENO="0813" Number 23 of 1946. AIR NAVIGATION AND TRANSPORT ACT, 1946. 807 PAGENO="0814" 808 AIR LAWS AND TREATIES OF THE WORLD AIR NAVIGATION AND TRANSPORT ACT 1946 (No. 23) ARRANGEMENTS OF SECTIONS. PART I. PRELIMINARY AND. GENERAL~ Section. 1. Short title and collective citation. 2. Interpretation. 3. Application to State aircraft. 4. Saving for lighthouse authorities. 5. Geneial provisions in relation to orders made by the Minister 6. Regulations and directions. 7. Expenses. PART II. PROVISIONS IN RELATION TO THE CHICAGO CoNvE~rIoN. 8. Coming into operation of the Chicago Convention. 9. Power to give effect to the Chicago Convention. 10. Power `to apply Chicago Convention to internal flying. 11. Special provisions which may be made by order of the Minister. 12. Power to compel compliance when aircraft disobeys signals. 13. Penalties. 14. Fees on certificates and licences. 15. Expenses of International Civil Aviation* Organisations. 16. Detention of `aircraft. 17. Exemption in respect of infringement of patents, etc., by certain foreign aircraft. PAGENO="0815" AIR LAWS AND TREATIES OF THE WORLD 809 PART Ill. MISCELLANEOUS AMENDMENTS OF THE PRINCIPAL ACT. Section. 18. Transfer to Minister of powers of Government under sections 10, 11, 12 and 63 of the Principal Act, and consequential amendment of section 5 of the Principal Act. 19. Amendment of section 79 of the Principal Act. PART IV. PRovlslolcs IN RELATION TO Aim RIANTA, TEORANTA. 20. Definitions for purposes of Part IV. 21. Increase of capital of the Company. 22. Power of Minister for Finance to acquire new shares by subscription and to underwrite issue of shares. 23. Provisions in respect of new shares held by the Minister for Fi~iance. 24. Advances of moneys out of the Central Fund. 25. Extension of objects of the Company. 26. Directors. 27. Alteration of memorandum and articles of association of the Company. PART V. PROVISIONS IN RELATION TO AER LINGUS, TEORANTA. 28. Alteration of memorandum of association of Aer Lingus, Teoranta. PAGENO="0816" 810 AIR LAWS AND TREATIES OF THE WORLD AN ACT TO ENABLE EFFECT TO BE GIVEN TO THE CONVENTION ON INTERNATIONAL CIVIL AVIATION OPENED FOR SIGNATURE AT CI-IICAGO ON THE 7TH DAY OF DECEMBER, 1944,. TO. AMEND THE AIR NAVIGATION AND TRANSPORT ACT, 1936, TO PRO- VIDE FOR CERTAIN MATTERS IN RELATION TO AER RIANTA, TEORANTA AND AER LINGUS, TEORANTA, AND TO PROVIDE FOR OTHER MATTERS (INCLUDING THE CHARGING OF FEES) CONNECTED WITH THE MATT~RS AFORESAID. [31st July, 1946.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS PART I. PRELIMINARY AND GENERAL. 1.-(1) This Act may be cited as the Air Navigation and Trans- Short title and port Act, 1946. collective citation. (2) The Air Navigation and Transport Acts, 1936 and 1942, and this Act may be cited together as the Air Navigation and Trans- port Acts, 1936 to 1946. 2.-(1) In this Act- interpretation. the expression "the Chicago Convention" means the Convention Chicago on International Civil Aviation opened for signature at Chicago Convention. on the 7th day of December, 1944, and includes any amendment of the said Convention which may be made under Article 94 thereof; PAGENO="0817" AIR LAWS AND TREATIES OF THE WORLD 811 the expression "Irish aircraft" means aircraft registered in the Irish aircraft. State; the expression "the Minister" mean~ the Minister for Industry Minister. and Commerce;* the expression "the operative date" means the date of the passing operative date. of this Act; the word "prescribed" means prescribed by an order made by prescribed. the M:inister under this Act; the expression "the Principal Act" means the Air Navigation and Principal Act. Transport Act, 1936 (No. 40 Qf 1936), as adapted in consequence of the enactment of the Constitution and as amended by the Air Navigation and Transport (Amendment) Act, 1942 (No. 10 of 1942). (2) References in this Act to any country or ferritory (including the State) shall, unless the context otherwise requirçs, be construed as including references to the territori~l waters (if any) adjacent to such country or territory. (3) This Act shall be construed as one with the Air Navigation and Transport Acts, 1936 and 1942. 3.-(1) Subject to the provisions of this section, this Act shall Application to not apply to any State aircraft. State aircraft. (2). The Minister may. by order direct that such provisions of this Act or any order made thereunder as may be specified in such order shall, with or without modifications, apply to State aircraft, and whenever any such order is made and is in force, such of the said provisions as may be specified in such order shall, subject to such modifications (if any) as may be specified therein, have the force of law in the State. 4.-Nothing in this Act or any order made thereunder shall Saving for prejudice or affect the rights, powers or privileges of any general lighthouse or local lighthouse authority, authorities. 5.-(1) An order made by the Minister under this: Act may be General made applicable to any aircraft in or over the State or to Irish provisions in aircraft wherever they may be. relation to orders made by the (2) The Minister shall not, in any order made by hint under this Minister. Act, make provisions in relation to the Customs except with the concurrence of the Minister for Finance. 67717 O-61-----52 PAGENO="0818" 812 AIR LAWS AND TREATIES OF THE WORLD (3) An order made by the Minister under this Act may authorise the Minister to make regulations and give directions for carrying out the purposes of such order in respect of such matters and things as may be specified in such order. (4) An order made by the Minister under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the pur- poses of such order. (5) (a) The Minister may by order under this subsection revoke or amend any instrument to which this subsection applies. (b) This subsection applies to- (i) any order or regulations made under Part I of the Air Navigation Aét, 1920, as adapted by or under subsequent enactments, which was continued in force by section 15 of ~he Principal Act and is in force immediately before the operative date, (ii) any order made by the Govefnment under Part II or under section 63 of the Principal Act, (iii) any order made by the Government under section 5 of the Principal Act amending any such order or regulation as is referred to in subparagraph (i) or subparagraph (ii) of this paragraph, (iv), any order made by the Minister under this Act. (6) Every order made by t~Ie Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after' it is made, and if a resolution annulling such order is passed by either such House within the next subsequent twenty-one days on which such House has sat after such order is laid before it, such order shall be annulled accordingly but without prejudice to the validity of anything previously done under such order. 6.-The Minister may make regulations or give directions in Re~~ilatio~ and relatiob to any matter in respect of which the Minister is authorised directions. by an order made by the Minister under this Act to make regula- tions or give directions for carrying out the purposes of such order. 7.-All expenses incurred by the Minister in the execution of this EX~IiSeS, Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. PAGENO="0819" AIR LAWS AND TREATIES OF THE WORLD 813 PART II. PRovIsIoNs IN RELATION TO THE CHICAGO CONS ENTION. 8.-The Chicago Convention shall come into operation in the Coming into State on such day as the Minister may by order fix (which said operation of the order the Minister is hereby authoriscd to make). Chicago Convention. 9.-The Minister may from time to time make such orders as Power to give appear to him necessary or expedient for carrying out the Chicago effect to the convention and for giving effect thereto or to any of the provisions ~tion thereof and every such order shall have the force of law in the State. 10.-The Minister may from time to time by order direct that Power to apply th~ provisions of the Chicago Convention for the time being in e~tion to force, or any of them, and whether or not those provisions are ~temal flying. limited to aircraft of any special description or engaged in any special kind of navigation, shall apply to or in relation to any aircraft in or over the State and whenever any such order is made such of the said provisions as arc specified in such order shall apply to or in relation to any aircraft in or over the State. 11.-Without prejudice to the generality of the powers con- Special provisions ferred by sections 9 and 10 of this Act the Minister may by order ~ may be made under either of the said sections make provision- (a) prescribing the authority by which any of the powers exer- cisable under the Chicago Convention by a contracfing State or by any authority therein are to be exercised in the State; (b) for the licensing, inspection and regulation of aerodromes, for access to aerodromes and places where aircraft have landed, for access to aircraft factories for the purpose of inspecting the work therein carried on, for pro- hibiting or regulating the use of unlicensed aerodromes, and for the licensing of personnel employed at aero- dromes in the inspection or supervision of aircraft; (c) as to the manner and conditions of the issue and renewal of any certificate or licence required by the order or by the Chicago Convention, including the examination and tests to he undergone, and the form, custody, produc- duëtion, cancellation, suspension, endorsement and surrender of any simeh certificate or licence; PAGENO="0820" 814 AIR LAWS AND TREATIES OF THE WORLD (d) as to the registration of aircraft in the State; (e) as to the conditions under which aircraft may be used for carrying passengers and goods; (f) as to the conditions under which aircraft may pass or passe~igers or goods may be conveyed by aircraft, into or from the State or from one part of the State to another; (g) exempting from the provisions of the order or of the Chicago Convention, or any of them, aircraft flown for experimental purposes, or any other aircraft or persons where it appears that the same should not apply; (h) prescribing the scales of charges at licensed aerodromes; (i) appointing any area to be a prohibited area for the pur- poses of the order; (j) prescribing the fees to be paid in respect of. the grant of any certificate or licence or otherwise for the purposes of the order or the Chicago Convention; (ic) supplementing the Chicago Convention, in such manner as appears necessary or convenient by regula- tions designed to prc~mote the safety of aircraft and of persons and property carried therein, and to pre- vent aircraft endangering other persons and property; (1) fOr the control and regulation of aerial lighthouses, lights at or in the neighbourhood of aerodromes and aerial lighthouses and lights which are liable to endanger aircraft; (m) regulating the making of signals and other communica- tions by or to aircraft. and persons carried therein, and regulating the use of any ensign established for pur- poses connected with air navigation; (n) prescribing any matter or thing referred to in this Part of this Act as prescribed. 1 2.-If any aircraft flies or attempts to fly over any area Power to compel appointed as a prohibited area under or by virtue of an order compliance when made under this Part of this Act or enters or attempts to enter aircraft disobeys the State in contravention of any such order, the following pro- ~ visions shall have effect, that is to say :- (a) it shall be lawful for any' officer designated for the pur- pose by such order to cause such signal as may be prescribed by such order to be given, and PAGENO="0821" AIR LAWS AND TREATIES OF THE WORLD 815 (b) if, after such signal has been given, the aircraft fails to respond to such signal by complying with the pro- visions of such order prescribing the action to be taken on such signal being given, it shall be lawful for such officer to fire at or into such aircraft and to usc any and every other means at his disposal to compel com- pliance; (c) no action or other legal proceedings whatsoever, whether civil or criminal, shall be instituted in any court in the State in respect of the doing of anything authorised to be done by any such officer under this section, whether such doing is done personally or by a person acting in aid of or under the direction of such officer. 13.-(l) If- Penakies. (a) an aircraft flies in contravention of any instrument to which this section applies or any provision of any such instrument, or (b) an aircraft fails to comply with any instrument to which this section applies or any provision of any such instrument, or (c) any act is committed in respect of any aircraft which is a contravention of any provisions of an instrument to which this section applies or is deemed by any such instrument to be such contravention, then, the owner or hirer (not being- the State) of such aircraft and also the pilot or commander thereof shall be deemed to have contravened or, as the case may be, failed to comply with such instrument. (2) Every person who obstructs or impedes any person acting under the authority of the Minister in the exercise or perform- ance of any of the powers or duties conferred or imposed on the Minister by an instrument to which this section applies shall be deemed to have acted in contravention of such instrument; (3) Every person who contravenes or fails to comply with or who is deemed by this section to have contravened or failed to comply with an instrument to which this section applies shall be guilty of an offence under this Section and shall be liable on sum- mary conviction thereof to imprisonment for a term not exceeding six months or to a fine not exceeding two hundred pounds or, at the discretion of the Court, to both such imprisonment and fine. PAGENO="0822" 816 AIR LAWS AND TREATIES OF THE WORLD (4) In any prosecution of a person for an alleged contravention of or failure to comply with any instrument to which this section applies it shall be a defence for such person to prove that such contra~ention or failure was due to stress of weather or other unavoidable cause, and in any prosecution of the owner, hirer, pilot or commander of an aircraft for such alleged contravention or failu~re it shall be a defence for such owner, hirer, pilot or commander to prove that such alleged contravention or failure took place without his actual default or privity. (5) This section applies to any instrument, being- (a) an order made by the Minister under this Part, or (b) any regulation made or direction given under any such order. 14.-The following provisions shall have effect in relation to Fees on certificates all fees payable under this Part, that is to say- und licences. (a) such fees shall be collected in money and taken in such manner as the Minister for Finance may from time to time direct, and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance, and (b) the Public Offices (Fees) Act, 1879, shall not apply in respect of such fees. 15.-Any sums required for the contribution from the State for Expenses of the organisation and operations of- International Civil Aviation Qrganisations. (a) the Provisional International Civil Aviation Organisation set up under the Interim Agreement on International Civil Aviation opened for signature at Chicago on the 7th day of December, 1944, or (b) the International Civil Aviation Organisation set up under the Chicago Convention, shall be paid by the Minister out of moneys provided by the Oireachtas. 16.-(1) The Minister may by order provide for the detention Detention of of aircraft to secure compliance with the Chicago Convention or aircrsft. any order made under this Part or any regulation made or direction given under any such order. PAGENO="0823" AIR LAWS AND TREATIES OF THE WORLD 817 (2) The references, in sections 64 and 65 of the Principal Act, to the Principal Act shall be construed as including references to this Act. 17.-(1) Where- Exemption in respect of (a) a foreign aircraft to which this section applies makes, infringements while engaged in international air navigation, an of patents, etc. authorised entry, into the territory of the State or an by certain foreign aircraft. authorised transit across such territory with or withotit landing, and (b) the construction, mechanism, parts, accessories or, operation of the aircraft infringe any patent, design or model duly granted or registered in the State, then, notwithstanding anything in the Act of 1927, no action or proceedings shall lie or. be taken in. respect of such infringement. (2) Where- (a) spare parts or spare equipment for a foreign aircraft to `which this section applies and which is engaged in international air navigation are or is stored in the State, `and (b) the said spare parts or spare equipment infringe or infringes any patent, design or model duly granted or registered in the State, then, notwithstanding anything contained in the Act of 1927, the following provisions shall have effect- (i) no action or proceedings shall lie or be taken in respect of such størage, unless such spare parts or equipment are or is sold or distributed in the, State or commercially exported from the State, (ii) no acticu or proceedings shall lie or be taken in respect of the user and installation in the State of such parts or equipment in the repair of any such aircraft. (3) Subsection (1) of section 61 of the Principal Act shall not apply to any foreign aircraft to which this section applies which, while engaged in international air navigation, makes an authorised entry into the territory of the State or an authorised tran~it across such territory with or without landing. PAGENO="0824" 818 AIR LAWS AND TREATIES OF THE WORLD (4) In this section- the expression "the Act of 1927" means the Industrial and Com- mercial Property (Protection) Act, 1927 (No. 16 of 1927), as amended by the Industrial and Commercial Property (Protection) (Amendment) Act, 1929 ~No. 13 of 1929); the expression "foreign aircraft to which this section applies" means aircraft of a State (other than the State) which- (a) is a party to the Chicago Convention, and (b) either- (i) is a party to the International Convention for the Protection of Industrial Property, or (ii) has enacted patent laws which recognise and give adequate protection to inventions made by the nationals of the other States parties to the Chicago Convention. PART III. MISCELLANEOUS AMENDMENTS OF TIlE PRINCIPAL ACT. 18.~_-(1) On the operative date, the powers conferred on the Transfer to Government by sections 10, 11, 12 and 63 of the Principal Act Minister of shall, by virtue of this section, be transferred to, and vest in the powers of Government under .LlnlsLer. - ~ections 10, 11, 12 (2) References in sections 10 11 12 and 63 of the Principal Act ~ of the Prmcipal Act, to the Government shall, on and after the operative date, be con- and consequential strued as references to the Minister, amendment of section 5 of the (3) Subsection (5) of section 5 of the Principal Act shall, in so Principal Act. far as it relates to the revocation or amendment of an order made under sections 10, 11, 12 or 63 of the Principal Act, cease to have effect. 19.-(1) Subsection (3) of section 79 of the Principal Act shall Amendment of be construed and have effect- section 79 of the Principal Act. (a) as if the words "seven hundred and fifty thousand pounds" were substituted for the words "five hundred thousand pounds ", (b) as if for the reference therein to five years from the date of the passing of the Principal Act there were sub- stituted a reference to five years from the date of the passing of this Act. PAGENO="0825" AIR LAWS AND TREATIES OF THE WORLD 819 (2) Paragraph (b) of section 2 of the Air Navigation and Trans- port (Amendment) Act, 1942 (No. 16 of 1942), is hereby repealed. PART IV. PROVISIONS iic RELATION TO AER RIANTA, TEORANTA. 20.-In this Part- the expression "the Company" means Aei' Rianta, Teoranta, Definitions for pur being the Company formed in pursuance of section 68 of the poses of Part IV. Principal Act; Company. the expression "new shares" means shares of the Company the new shares. issue of which is authorised uiider section 21 of this Act the expression " old shares" means shares of the Company old shares. issued under the Principal Act. 21.-(1) Notwithstanding anything to the contrary contained Increase of in the Principal Act or the memorandum or articles of associa- capital of the Company tion of the Company, it shall be lawful for the Company to increase its capital to a* total of £2,000,000 (two million pounds) divided into two million shares of one pound each, and for that* purpose to make such alterations as may be requisite in its memo- randum and articles of association and, in particular, to make such alterations in its memorandum and articles of association as may be necessary to authorisc the directors to issue shares of One pound each ranking pan passu with the old shares. (2) No issue of new shares shall be made unless the Minister for Finance, after consultation with the Minister, has authorised such issue. (3) Section 112 of the Stamp Act, 1891, shall not operate so as to require the Company to deliver to the Revenue Commissioners any statement or to pay any stamp duty under that section in respect of the increase of the capital of the Company authorised by this section or in respect of the new shares. 22.-(1) The Minister for Finance may from time to time take Power of Mmister for up by subscription any class or classes of the new shares. F~ance to acquire new shares by (2) The Minister for Finance may, subject to such conditions subscription and to as he thinks fit, agree with the Company that, if any new shares underwrite issue of of the Company about to be offered at any time for subscription shares. PAGENO="0826" 820 AIR LAWS AND TREATIES OF THE WORLD are not within a specified time taken up by the public, he will take up and pay for such new shares or some specified portion thereof. 23.-Sections 73, 74 and 77 of the Principal Act shall apply to Provisions in new shares held by the Minister for Finance in like manner as respect of new they apply to old shares held by him. e~F~Y the Finance. 24.-(l) All moneys from time to time requiI~ed by the Minister Advances of for Finance to meet payments required to be made by him to the moneys out of the Company in respect of any new shares subscribed for or taken up Central Fund by him under this Act shall be advanced out of the Central Fund or the growing produce thereof. (2) For the purpose of providing moneys for the sums advanced out of the Central Fund under this section the Minister for Finance may borrow from any person any .sum or sums, and for the purpose of such borrowing the said Minister may create and issue securities bearing such rate of interest and subject to such conditions as to repayment, redemption or otherwise as he thinks fit, and shall pay the moneys so borrowed into the Exchequer. (3) The principal of and interest on any securities issued by the Minister for Finance under this section and the expenses incurred in connection with the issue of such securities shall be charged on and payable out of the Central Fund or the growing produce thereof. 25.-(1) Paragraph 3 of the Second Schedule to the Principal Extension Os Act is~ hereby amended by the substitution of the following sub- objects of the paragraph for subparagraph (b), that is to say- Company. (b) the principal objects of the Company shall include- (i) the establishment, maintenance and working of lines of aerial conveyances between places in the State and between the State and other countries either directly or by means of Aer Lingus, Teoranta and other air transport undertakings (in this paragraph referred to as controlled air transport undertakings) in which the Company has a controlling interest, (ii) the acquisition and holding of shares in Aer Lingus, Teoranta, PAGENO="0827" AIR LAWS AND TREATIES OF THE WORLD 821 (iii) the promotion of and holding of shares in controlled transport undertakings and in aircraft mainten- ance, repair and manufacture undertakings, (iv) the holding of shares in and the making of working arrangements with air transport undertakings (other than controlled air transport undertakings) and aircraft maintenance, repair and manufacture undertakings, (v) the giving, with the consent of the Minister for Finance, financial or other ~ssistance to air trans- port undertakings and aircraft maintenance, repair and manufacture undertakings." (2) At any time after the passing of this Act, the Company may, with the approval of the Minister for Finance, given after consul- tation with the Minister, so alter its memorandum of association as to extend its objects in conformity with the amendment effected by subsectioii (1) of this section. 26.-Paragraph 4 of the Second Schedule to the Principal Act Directors. is hereby amended by the substitution of the following sub- paragraphs for subparagraphs (a) and (b), that is to say (a) the number of the directors of the Company shall be not more than seven nor less than three, (b) so long as the Minister for Finance holds not less than one-tenth (in nominal value) of the issued shares of the Company or so long as any debentures of the Company guaranteed by the said Minister under this Act are out- standing, a majority of the directors of the Company shall be nominated by the said Minister after consulta- tion with the Minister for Industry and Commerce."~ 27.-(l) In addition to the alterations specificially authorised Alteration of by this Part to be made in the memorandum and articles of associa- memorandum and tion of the Company it shall be lawful for the Company to make articles of association of the all such alterations in its memorandum and articles of association Company. as are necessary or proper by way of supplement to, or in conse- quence of, any alteration so specifically authorised and also such other alterations as shall be necessary or proper to give effect to the provisio~is of this Part. (2) Neither section 78 of the Principal Act nor Clauses 7 and 8 of the memorandum of association of the Company shall apply to alterations made in the memorandum and articles of association ~ PAGENO="0828" 822 AIR LAWS AND TREATIES OF THE WORLD the Company under or in pursuance ~of this Part, and in lieu thereof it ~is hereby enacted that all such alterations shall be in such form consistent with this Part as shall be approved by the Minister for Finance, after consultation with the Minister. (3) For the purposes of effecting any alterations in the articles of association of the Company authorised by this Part, section 13 of the Companies (Consolidation) Act, 1908, shall be construed as if the words " extraordinary resolution" were substituted for the w'ords " special resolution" where the latter words first occur. (4) Section 9 of the Companies (Consolidation) Act, 1908, shall not apply in respect of any alteration authorised by this Part to be made by the Company in its memorandum of associations and in lieu thereof it is hereby enacted that every such alteration may be made by extraordinary resolution, as defined by section 69 of the said Act, and that, in addition to complying with section 70 of the said Act, the Company shall, within the time mentioned in the said section 70, deliver to the, registrar of com- panies a printed copy of the memorandum as so altered and the said registrar shall register it and certify the registration under his hand, and such certificate shall be conclusive evidence that all the requirements of the said Act, as amended by this sub- section with respect to such alteration, have been complied with and thenceforth the memorandum as so altered shall be the memorandum of the Company. PART V. PRovIsIoNs IN RELATION TO AER LINGUS, TEORANTA. 28.-Notwithstanding anything contained in the Companies Alteration of (Consolidation) Act, 1908, Aer Lingus, Teoranta may, by extra- memorandum ordinary resolution, as defined by section 69 of the `said Act, association of alter its memorandum of association by deleting clauses 6 and 7 Aer Lingus, Teoranta. thereof. PAGENO="0829" Number 4 of 1950. AIR NAVIGATION AND TRANSPORT ACT, 1950. 823 PAGENO="0830" 824 AIR LAWS AND TREATIES OF THE WORLD AIR NAVIGATION AND TRANSPORT ACT 1950 (No. 4) ARRANGEMENT OF SECTIONS. PART I. PRELIMINARY AND GENERAL. Section. 1. Short title and collective citation. 2. Interpretation. 3. Prosecution o offences under the Principal Act, the Act of 1946 and this Act. 4. Repeals. PART II. MISCELLANEOUS AMENDMENTS OF THE PRINCIPAL ACT AND THE ACT OF 1946. 5. Amendment of definition of "State aircraft ". 6. Meaning in Part V of the Principal Act of "the purposes of this Part of this Act ". 7. Amendment of section 37 of the Principal Act. 8. Entry on land, etc.,. compulsorily acquired under the Principal Act before conveyance or ascertainment of compensation. 9. Construction of references to Chicago Convention in Part II of the Act of 1~l46. PART III. VESTING OF CERTAIN LAND IN TilE MINISTER AND PROVISIONS IN RELATION TO THAT AND OTHER LAND ACQUIRED BY THE MINISTER. 10. Vesting in the Minister of lands described in the Second Schedule, and cesser of application of State Lands Act, 1924, to lands described in Part I of the Second Schedule. 11. Application of Principal Act to lands described in Second and Third Schedules. PAGENO="0831" AIR LAWS AND TREATIES OF THE WORLD 825 Section. 12. Disposal of land acquired by the Minister under the Principal Act and lands described in the Second and Third Schedules. PART IV. PRovIsioNs FOR SECURING THE SAFE AND EFFICIENT NAVIGATION OF AIRCRAFT IN THE VICINITY OF AERODROMES. 13. Right of Minister to erect and maintain certain apparatus in land in vicinity of aerodromes. 14. Restrictions on use of land in the vicinity of aerodromes. PART V. PRovIsIoNs IN RELATION TO STATE AERODROMES. 15. Definitions for purposes of Part V. 16. Bye-laws in relation to State aerodromes. 17. Bye-laws defining duties of persons in command of aircraft which are for the time on the ground in a State aerodrome. 18. Publication of bye-laws. 19. Removal and arrest of offenders in State aerodromes. 20. Removal of vehicles, etc. 21. Obstruction of and assaults on authorised officers. 22. State aerodrome to be a public place and roads therein to be roads for purposes of Part X of the Road Traffic Act, 1933. 23. Management of Dublin Airport. 24. Power of Minister to supply water at a State aerodrome. PAGENO="0832" 826 AIR LAWS AND TREATIES OF THE WORLD PART VI. PAYMENT OF SUBSIDIES TO AER RIANTA, TEORANTA. Section. 25. Payment of subsidies to Aer Rianta, Teoranta. FIRST SCHEDULE. ENACTMENT REPEALED. SECOND SCHEDULE. THIRD SCHEDULE. PAGENO="0833" AIR LAWS AND TREATIES OF THE WORLD 827 AN ACT TO AMEND AND EX'PEND THE AIR NAVIGATION AND TRANSPORT ACTS, 1936 TO 1946, TO VEST CERTAIN LANDS IN THE MINISTER FOR INDUSTRY AND COMMERCE, TO PROVIDE FOR THE PAYMENT OF SUBSIDIES TO AER RIANTA, TEORANTA, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [15th March, 1950.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS :- PART I. PRELIMINARY AND GENERAL. 1.-(1) This Act may be cited as the Air Navigation and Sl~ort title and Transport Act, 1950. collective citation (2) The Air Navigation and Transport Acts, 1936 to 1946, and this Act may be cited together as the Air Navigation and Transport Acts, 1936 to 1950. 2.-(1) In this Act- Interpretation. the expression "the Act of 1Q46" means the Air Navigation and Aet of 1946. Transport Act, 1946 (No. 23 of 1946); the expression "the Minister " means the Minister for Industry ~1iiister. and Commerce; 67717 o-~1~----.---~53 PAGENO="0834" 828 AIR LAWS AND TREATIES OF THE WORLD the expression" the Principal Act "means the Air Navigation and Principal Act. Transport Act, 1936 (No. 40 of 1936). (2) This Act shall be construed as one with the Air Navigation and Transport Acts, 1936 to 1946. 3.-An offence under any subsection or section coniained in the Principal Act, the Act of 1946 or this Act may be prosecuted by or at the suit of the Minister as prosecutor. 4.-The enactment set out in column (2) of the First Schedule Repeals. to tius Act is~ hereby repealed to the extent specified in column (3) of the said Schedula. PART II. MISCELLANEOUS AMENDMENTS OF THE PRINCu'AI~ ACT AND THE ACT or 1946. 5.-The expression " State aircraft `~, where it occurs in the Principal Act or the Act of 1946, shall, in lieu of the meaning assigned to that expression by subsection (1) of section 2 of the Principal Act, mean aircraft of any country used in military, customs and police services. 6.-(1) Section 36 of the Principal Act shall be construed as if there were inserted therein the following new paragraph- " (c) any purpose related to the development of civil aviation where such development affects an aerodrome which the Minister or a local authority has established or is about to establish or affects any land adjacent to such aerodrome." (2) For the avoidance of doubts it is hereby declared that the purposes of Part V of the Principal Act for which land may bc acquired by agreement or compulsorily inelude and always included the establishment of an aerodromc. 7.-Section 37 of the Principal Act is hereby amended by the insertion, after the word" approaches " of the words "water supply works and watermains, sewers and sewage disposaL works, electric lines, lights, signs ".. Amendment of definition of State aircraft." Meaning in Part V of the Principal Act of ` the purposes of this Part of this Act.' Amendment of section 37 of the Principal Act. Prosecution of offences under the Principal Act, the Act of 1946 and this Act. PAGENO="0835" AIR LAWS AND TREATIES OF THE WORLD 829 8.-(1) In this section the expression "water right" means a right of impounding, diverting or abstracting water. (2) At any time after the Minister becomes entitled under sub- section (1) of section 41 of the Principal Act to acquire compulsorily any land or any water right or to use compulsorily any water right and before conveyance or ascertainment of compensation, the Minister may, subject to the subsequent provisions of this section, enter on and take possession of that land or exercise that water right. (3) Where the Minister exercises any power conferred on him by subsection (2) of this section in relation to any land or water right, then- (a) subject to paragraph (b) of this subsection, the Minister shall pay to the person, who is the occupier of that laud or the owner of that water right, interest on the amount of the compensation payable to such person at the rate of three per cent. per annum from the date on which such power was exercised until payment of such compensation, Entry on land, etc., compulsorily acquired under the Principal Act before conveyance or ascertainment of compensation. (b) if- (i) the Minister has made an unconditional offer in writing of any sum as such compensation to such person, and (ii) the offer is not accepted by such person, and (iii) the sum a'~arded as compensation by the official arbitrator to such person does not exceed the sum so offered, no interest shall be payable on such compensation in respect of any period after the date o~ the offer.~ (4) The Minister shall not- (a) enter on or take possession of any land under subsection (2) of this section without giving to the occupier there- of at least one month's or, in the case of an occupied dwelling-house, three months' previous notice in writing of his intention to do so, or (b) exercise any water right under subsection (2) of this section without giving the owner thereof at least one PAGENO="0836" 830 AIR LAWS AND TREATIES OF THE WORLD month's previous notice in writing of his intention to do so. (5) A notice under subsection (4) of this section may be given to any person by sending it by prepaid post in an envelope addressed to that person at his usual or last known address. (6) Where, for any reason, the'en'velope mentioned in subsection (5) of this section cannot be addressed in the manner provided by that subsection, it may be addressed to the person for whom it is intended in either or both of the following ways- (a) by the description "the occupier" or "the owner " (as the case may be) without stating his name, (b) at the land or the situation of the property to which the notice contained in the envelope relates. 9.-In Part II of the Act of 1946, references to the Chicago Coiistruct.ion of Convention shall be construed as including references to any references to Annex to the Chicago Convention relating to international Chicago Convention in standards and recommended practices (being an Annex adopted in Part II of the accordance with the Chicago Convention) aiid any amendment of Act of 1946. any such Annex made in accordance with the Chicago Convention. PART III. VESTING OP CERTAIN LAND IN THE MINISTER AND PROVISIONS IN RELATION TO THAT AND OTHER LAND ACQUIRED BY THE MINISTER. 1O..-(1) (a) On the passing of this Act, the lands described in Vesting in the Part I of the Second Schedule to this Act (which Minister of lands said lands form part of Dublin Airport) shall, by describcil in the virtue of this subsection vest in the Minister for all Second Schedule and cesser of the interest therein which immediately before the application of passing of this Act belonged to the State. State Lands Act, 1924 to lands (b) The State Lands Act, 1924 (No. 45 of 1924), sball cease to apply to the lands described in Part I of the Sond Sehcdule, Second Schedule to this Act. PAGENO="0837" AIR LAWS AND TREATIES OF THE WORLD 831 (2) On the passing of this Act, the lands described in Part II of the Second Schedule to this Act (which said lands form another part of Dublin Airport) shall, by virtue of this subsection, vest in the Minister for all the interest therein which immediately before the passing of this Act was vested in the Minister for Defence. (3) Subsections (1) and (2) of this section shall, for the purposes of section 6 of the Conveyancing Act, 1881, have effect as convey- ances of land. (4) (a) Where any person is registered under the Registration of Title Act, 1891, as the owner of any interest in any land which, by virtue of subsection (1) or (2) of this section vests in the Minister, the Registrar of Titles shall, on production of a certificate wider the official seal of the Minister certifying that such land, has by virtue of such subsection, vested in him, cause the Minister to be registered as the owner of such interest instead of such person. (b) No fees shall be payable in respect of any proceedings In the Land Registry under this subsection. 11.-The lands described in the Second Schedule to this Act a~iid Application of the lands described in the Third Schedule to this Act (which said Principal Act last-mentioned lands form part of Shannon Airport and were to lands described acquired by the Minister under the Emergency Powers (No. 315) Order, 1944 (S. R. & 0., No. 74 of 1944)), shall, for the purposes of the Principal Act, be deemed to have been acquired thereunder. 12.-(1) In this section, the word " dispose ", in relation to land, Disposal of land means deal with the land in any of the following ways- acquired by the Minister under (3\ sell it the Principal / ` Act and lands described in the (b) lease or let ~t, Second and Third Schedules. (c) grant a licence of it, (d) grant (by way of lease, letting or licence) a right in respect of it, and the word "disposal" shall be construed accordingly. PAGENO="0838" 832 AIR LAWS AND TREATIES OF THE WORLD (2) (a) The Minister, with the consent, either general or par- ticular, of the Minister for Finance, may dispose of the whole or any part of- (i) land acquired by him (whether before or after the passing of this Act) under the Principal Act, (ii) the lands described in the Second and Third Schedules to this Act. (b) The power of disposal conferred by paragraph (a) of this subsection shall extend to parts of buildings. (c) The Minister shall not, in exercise of his powers under paragraph (a) of this subsection, dispose of any State minerals within the meaning of the 1~Iinerals Develop- ment Act, 1940 (No. 31 of 1940), except sand, gravel, stone or clay which is not more than twenty feet below the surface. (3) Any moneys received by the Minister in respect of the dis- posal of land under subsection (2) of this section shall be paid into or disposed of for the benefit of, the Exchequer in such manner as the Minister for Finance may direct. PART IV. PROvIsIONS FOR SECURING THE SAFE AND EFFICIENT NAVIGATION OF AIRCRAFT iN THE VICINITY OF AERODROMES. 13-(1) (a) The Minister may cause to be erected, placed and Right of Minister attached upon, in or to any land or building in the to erect and vicinity of an aerodrome and may thereafter main- maintain certain apparatus in land tam and use such apparatus (including electric in ~C~~3T ~ lines) as he considers necessary for the purpose of aerodromes. indicating any position or any obstruction or of signalling or supplying information to persons navigating aircraft to, or from, or in the vicinity of, the aerodrome. (b) Before erecting, placing or attaching any apparatus upon, in or to any land or building in pursuance of this subsection, the Minister shall give PAGENO="0839" AIR LAWS AND TREATIES OF THE WORLD 833 one month's previous notice to the owner and occupier thereof indicating his proposal. (c) If any person wilfully obstructs or destroys, tampers with, pulls down, or defaces any apparatus erected, placed or attached upon, in or to any land or building in pursuance of this subsection, that person shall be guilty of an offence under this sub- section and shall be liable on summary conviction thereof to a flue not exceeding fifty pounds. (2) (a) For the purposes of exercising the powers con- ferred by subsection (1) of this section, any authorised person and any persons acting under his direction may enter upon and pass over (with or without vehicles) any land. (b) If any person (in this paragraph referred to as the offender) obstructs an authorised person or any person acting under his direction in the exercise of the powers conferred by this subsection, the offender shall be guilty of an offence under this subsection and shall be liable on summary convic- tion thereof to a fine not exceeding fifty pounds. (c) In this subsection the expression "authorised person" means any person belonging to a class authorised in writing by the Minister to exercise the powers conferred by this subsection on author- ised persons. (3) If any person having an estate or interest in land proves that his estate or interest is injuriously affected by the exercise of the powers conferred by subsection (1) of this sc~tion, he shall be entitled to recover from the Minister compensation for the injury to that estate or interest, and any question whether compensation is payable under this section or as to the amount of any compensa- tion so payable shall, in default of agreement, be determined by an arbitrator appointed under the Acquisition of Land (Assessment of Compensation) Act, 1919, and under and in accordance with that Act. 14.-(1) Whenever the Minister is of opinion that the unre- Restrictions on stricted use of a particular area of land in the vicinity of an aero- use of land in drome would interfere with the navigation of aircraft flying to or the vicinity of aerodromes, PAGENO="0840" 834 AIR LAWS AND TREATIES OF THE WORLD from that aerodrome, he may by order (in this section referred to as a protected area order) do the following things- (a) declare that that particular area of land shall be a pro- tected area for the purposes of the order, (Ti) declare that, within the protected area, it shall not be lawful for any person, save under and in accordance with a permit granted by the, Minister,- (i) to erect or add to any building, or (ii) to erect or place any post, pole or other thing, so that any part of the building, ipost, pole or thing (in this section referred to as an obstruction) will be at a greater height than that fixed by the order. (2) The following provisions shall apply in respect of every pro- tected area order- (a) the Minister shall cause the order to be published in the Iris Oifigi~il and in such newspapers circulating in the area to which the order relates as the Minister thinks proper, (Ti) the order may divide the area to which it relates into such and so many sub-areas as the Minister thinks fit and, in that case, may contain different provisions in relation to each of those sub-areas, (c) the order may exempt from its operation any specified obstructions or class of obstructions, (d) there shall be attached to the order a map showing the area to which the order relates and, where that area is divided into sub-areas, each of those sub-areas, (e) the map attached to the order may be omitted from the order in any publication thereof in pursuance of para- graph (a) of this subsection, but copies of the order with the map attached thereto shall be deposited in the offices of the Department of Industry and Commerce at Kildare Street, Dublin, and shall be there kept open for public inspection at all reasonable times. (3) The Minister may by order revoke or amend a protected area. order. PAGENO="0841" AIR LAWS AND TREATIES OF THE WORLD 835 * (4) Every protected area order shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolu- tion annulling the order is passed by either such House within the next subsequent twenty-one days on which such House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done under it. (5) The Minister may grant permits for the purposes of a pro- tected area order, and the following provisions shall apply in relation to any permit so granted- (a) the Minister may- (i) attach to it such conditions as he thinks fit, (ii) revoke or amend it; (b) the permit shall not operate as a release from any restric- tions imposed under the Town and Regional Planning Acts, 1934 and 1939, or any other enactment and appli- cable to the area to which the order relates. (6) (a) If any person, having an estate or interest in land within an area to which a protected area order applies, proves that his estate or interest is injuriously affected by the refusal of the Mini- ster to grant him a permit or by any conditions attached to a permit granted to him by the Minister, he shall be entitled to recover com- pensation from the Minister for the injury to that estate or interest, and any question whether compensation is payable under this sub- section or as to the amount of any compensation so payable shall, in default of agreement, be determined by an arbitrator appointed under the Acquisition of Land (Assessment of Compensation) Act, 1919, and under and in accordance with that Act. (b) Where a person would, but for this paragraph, be entitled to compensation under this subsection and also under any other enactment in respect of the same matter, he shall not be entitled to compensation in respect of that matter under both this subsection and that other enactment, but may elect to receive compensation under either this subsection or that other enactment. (7) II any person erects or adds to a building or erects or places any post, pole or other thing in contravention of a protected area order- (a) that person shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding fifty ~pounds, and PAGENO="0842" * 836 AIR LAWS AND TREATIES OF THE WORLD (b) the Minister may, whether or not any proceedings are taken in respect of the offence, cause such alterations to be made in the building, post, pole, or thing in respect of which the contravention took place as may be necessary in his opinion to ensure compliance with the order, and the expenses incurred by the Minister in so doing shall be recoverable by the Minister from the person by whom the contravention is committed as a simple contract debt in any court of competent jurisdiction. PART V. PROVISIONS IN RELATION TO STATE iEEODROMES. 15.-(1) In this Part- Definitions for purposes of the expression "authorised officer "means a person being- Part V. authorised (a) a member of the Garda SIochána, or officer. (b) any person belonging to a class authorised in writing by the Minister to exercise the powers conferred on authorised officers by sections 19 and 20 of this Act; the word "bye-laws "means bye-laws made under this Part; bye-laws the expression " State aerodrome" means an aerodrome estab. State lished by the Minister under section 37 of the Principal Act. aerodrome. (2) References in this Part to a contravention of a bye-law include references to a failure or refusal to comply with the bye- law. 16.-(1) The Minister may make, in relation to any State aero- Bye-laws in drome, bye-laws for any one or more of the following purposes- relation to State aerodromes. (a) the exclusion therefrom of persons, (b) the exclusion therefrom of vehicles, (c) the admission thereto of persons, (d~ the admission thereto of vehicles, PAGENO="0843" AIR LAWS AND TREATIES OF THE WORLD 837 (e) the formation of queues of persons and vehicles within, or seeking admission to, the aerodrome, (f) the prohibition of trespassing on the aerodrome by persons or animals, (g) the securing of the safety of the aerodrome and of air- craft using it against damage and, in particular, damage by fire,. (h) the restriction of smokilig in the aerodrome, (i) the preservation of order and good conduct in the aero- drome, (j) the prevention of nuisances in the aerodrome, (k) the safe custody and re-delivery or disposal of any pro- perty found in the aerodrome or in any aircraft or vehicle therein, the fixing of the charges to be made in respect of such safe custody or re-delivery, and the application, if any such property is disposed of by being sold, of the moneys arising from the sale, (1) generally for the proper management, operation and super- vision of the aerodrome. (2) The Minister may, in relation to any State aerodrome, make bye-laws for all or any of the following purposes- (a) the specification of the routes to be followed by vehicles, (b) the prohibition or restriction of the use of specified road- ways by vehicles generally or during particular hours or at particular times or in particular circumstances, (c) the prohibition of the driving of vehicles on a specified roadway otherwise than in a specified direction, (d) the regulation of traffic generally. (3) The Minister may make, in relation to any State aerodrome, bye-laws for all or any of the following purposes- (a) fixing the places (in this section referred to as parking PAGENO="0844" 838 AIR LAWS AND TREATIES OF THE WORLD places) in which vehicles, whether unattended or not, may remain stationary either indefinitely or for any period not exceeding a specified period, (b) appointing the conditions to be observed in regard to vehicles remaining stationary in parking places, (c) fixing the period during which, the purposes for which and the conditions under which vehicles may remain stationary in places, other than parking places, (ci) prohibiting the keeping or leaving any vehicles stationary in any place (including parking places) for a period ex- ceeding the period authorised in that behalf by the bye- laws or for a purpose other than a purpose so authorised in that behalf or otherwise than for a purpose (if any) or in accordance with the conditions (if any) prescribed in that behalf by the bye-laws. (4) The Minister may make bye-laws prohibiting the driving of vehicles within a State aerodrome at a speed exceeding a specified speed. (5) In making, under this section, any bye-laws in relation to a State aerodrorne, the Minister may- (a) define, in such manner as he thinks proper, what shall con- stitute, for the purposes of any provision of the bye- laws, a class of persons or vehicles, (b) make different provisions in relation to different part~ of the aerodrome, (c) make different provisions in relation to different classes of persons to whom the bye-laws, apply, (ci) make different provisions in relation to different classes of vehicles to which the bye-laws apply, (e) exempt from the operation of the bye-laws any particular class of persons or vehicles. (6) If any person contravenes any bye-law made under this section, that person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds. (7) Where any matter in respect of which bye-laws are made under this section is the subject of any enactment (other than this PAGENO="0845" AIR LAWS AND TREATIES OF THE WORLD 839 Act) or any instrument made thereunder, then, the operation of that enactment or instrument, in so far as it relates to that matter, shall be suspended during the continuance in force of those bye- laws. 17.-(1) The Minister may, in relation to any State aerodrome, Bye laws definIr:g make bye-laws defining the duties of persons in command of air- duties of persons craft which are for the time being on the ground in that State ~ command of aerodrome. aircraft winch are for the time on the ground (2) If any person in command of an aircraft, which i~ for the in a State time being on the ground in a State aerodrome to which any bye- aerodrome. law made under this section relates, contrave~ies the bye-law, he shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for any term not exceeding one month. 18.-Bye-laws in relation to a State aerodrome shall be dis- Publication of played' at the aerodrome in such manner as the Minister considers bye-laws. best adapted for' giving information to persons affected by the bye-laws. 19.-(1) If, in any State aerodrome to which a bye-law relates, Removal and any person (in this subsection referred to as the offender) contra- arrest of venes the bye-law- offenders in State (a) an authorised officer may do either or both of the following aerodroms. things- (i) require the offender to give his name and address, (ii) order the offender to leave the aerodrome; (b) if the offender, on being required by an authorised officer to give his name and address, refuses to give his name or refuses to give his address or gives a name or address which is known to, or reasonably suspected by, the authorised officer to be false or fictitious, the authorised officer may without warrant arrest him; (c) if the offender, on being ordered by an authorised officer to leave the aerodrome, refuses or fails to do so, the authorised officer may either remove him from the aerodrome by force or without warrant arrest him. PAGENO="0846" 840 AIR LAWS AND TREATIES OF THE WORLD (2) Where an authorised officer, who is not a member of the Garda Slochana, arrests a person under this section, lie shall, forth- with, deliver him into the custody of a member of the Garda Slochana to be dealt with according to law. (3) If any person- (a) on being required by an authorised officer acting under this section to give his name and address, refuses to give his name or address or gives a false or fictitious name or address, or (b) on being required by an authorised officer acting under this section to leave a State aerodrome, refuses or fails to leave it, or (c) having left a State aerodrome in pursuance of the require- ment of an authorised officer acting under this section or having been removed from a State aerodrome under this section, returns thereto on the same day, that person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceed- ing five pounds. 20.-Where an authorised officer finds any vehicle, animal or Removal of other thing in a State aerodrome in contravention of a bye-law vehicles, etc. relating to that aerodrome, he may remove the vehicle, animal or other thing to a place either inside or outside that aerodrome. 21.-If any person- Obstruction of and assault on (a) obstructs or impedes an authorised officer in the lawful authorised execution of his powers and duties as an authorised officers. officer under section 19 or 20 of this Act, or (b) assaults an authorised officer in the lawful execution of those powers and duties, that person shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding twenty pounds or, at the discretion of time Court, to imprisonment for any term not exceeding six months. PAGENO="0847" AIR LAWS AND TREATIES OF THE WORLD 841 22.-For the avoidance of doubts it is hereby declared that- ~ aerodroine to be a public (a) a State aerodrome is a public place for the purposes of place and roads any enactment; th~mjti to be roads for purposes (b) the word "road" shall, for the purposes of Part X of of Part X of the Road Traffic Act 1933 (No. 11 of 1933) include tee Road Traffic Act, 1933. a road in a State aerodrome. 23.-For the purposes of the management of Dublin Airport, I~~anagcment of Aer Riaifta, Teoranta, may, unless and until the Minister other- Dublin Airport. wise directs, act as his agent. 24.-(1) The Minister may sell water from any water supply Power of works maintained by him in connection with a State aerodrome. Minister to supply water at a State aerodrome. (2) Notwithstanding anything contained in the Waterworks Clauses Act, 1847, or the Waterworks Clauses Act, 1863,- (a) the Minister may, from water supplied to him at a State aerodrome by a sanitary authority, sell, with the con- sent of that sanitary authority, water to any person, and, for that purpose, may affix pipes and apparatus to aiiy pipes used for the conveyance of the water sup- plied by that sanitary authority, (b) where water is sold to a person under paragraph (a) of this subsection, that person may take and use the water so sold. PART VI. PAYMENT OF SUBSIDIES TO AER RIANTA, TE0RANIA. 25.-(1) (a) The Minister for Finance may from time to time Payment of by order authorise the payment of subsidies to Aer stds~dies to Rianta, Teoranta, on such terms and conditions as ~er Rianta. may be specified in the order but no such order may leoranta. be made after the expiration of five years from the passing of this Act. (h) Every order made under this subsection shall be laid before each House of the Oireaéhtas as soon PAGENO="0848" 842 AIR LAWS AND TREATIES OF THE WORLD as may be after it is made, and if a resolution annulling such order is passed by either such House within the next subsequent twenty-one days on which such House has sat after such order is laid before. it, such order shall be annulled accordingly but without prejudice to the validity of anything previously done under such order. (2) Any moneys required for the payment of subsidies under this section shall be paid out of moneys provided, whether before or after the passing of this Act, by the Oireachtas. FIRST SCHEDULE. Section 4 ENACTMENT REPEALED. Number and Year Short title (1) (2) Extent of Repeal (3) No. 40 of 1936 The Air Navigation and Transport Act, 1936. Subsection (1) of section 2, in so far as that subsection defines the expression "State aircraft." Section 42. Sections 10, 11 and SECOND SCHEDULE. 12. PART I. 1. The lands (in this paragraph referred to as the originally demised lands) demised by a Lease dated the 27th day of June, 1906, and made between Sir Compton Meade Domvile of the one part and Sarah 0 `Toole of the other part and therein described as "All that and those the said part of the lands of Collinstown and Rock with the house thereon containing one hundred and eighty-six acres and thirty-eight perches be the same more or less situate lying and being in the Barony of Coolock and County of Dublin and delineated on the map in the fold hereof'~ except- (a) that part of the originally demised lands, namely, part of the said lands of Collinstown containing one acre statute measure, which was acquired in the year 1915 by the PAGENO="0849" AIR LAWS AND TREATIES OF THE WORLD 843 North Dublin Rural District Council for the purpose of the Labourers (Ireland~ Acts, 1883 to 1906, (b) that part of the originally demised lands which was assigned to one Anne Moran by a Deed of Exchange dated the 21st day of June, 1929, made between the said Anne Moran of the one part and the Minister for Defence of the other part and is therein described as "All that part of ~the lands of Rock containing seven acres three roods and thirty-four perches statute measure or thereabouts and shown on the plan annexed hereto and therein coloured green situate in the Barony of Coolock and County of Dublin ", (c) that part of the originally demised la'ids which is com- prised in a Lease dated the 20th day of May, 1930, made between the Minister for Finance of the one part and the North Dublin Rural District Council of the other part and is therein described as "All That and Those that part of the lands of Collinstown containing two acres and thirty six and one third perches statute measure or thereabouts as delineated and described and outlined in red on the map endorsed hereon being that portion of the lands comprised in the part of Collins- town Aerodrome lying between the Cuckoo Stream and the public road and adjoining the existing labourers' cottages and plots situate in the Barony of Cbolock and County of Dublin." 2. The lands comprised in Folio 1951 County of Dublin in Register of Freeholders maintained under the Registration of Title Act, 1891. 3. The Lands granted by a Lease in Perpetuity dated the 1st day of March, 1920, expressed to be made between Robert Donovan of the one part and the President of the Air Council of the other part and therein described as" All that part of the lands of Little Forest containing sixteen acres one rood and nineteen perches or thereabouts statute measure and situate in the Parish of Swords Barony of Nethereross and County of Dublin and for the pur- poses of identification described in the plan annexed hereto and therein surrounded with a Red Verge line." 4. The lands comprised in Folio 1936 County Dublin of the Register of Freeholders maintained under the Registration of Title Act, 1891. 67717 O-61--54 PAGENO="0850" 844 AIR LAWS AND TREATIES OF THE WORLD PART II. 1. That part of the lands comprised in Folio 3924 County Dublin of the Register of Freeholders maintained under the Registration of Title Act, 1891, which consists of part of the lands of Forrest Little containing six acres two roods and twenty-eight perches or thereabouts statute measure situate in the Barony .of Nethercross and County of Dublin. 2. ~The lands comprised in and conveyed by an Indenture dated the 13th day of June, 1927, made between David Barry of the one part and the Minister for Defence of the other part. THIRD SCHEDULE. Sections 11 and 12 1. The lands comprised in Folio 15167 County Clare of the Register of Freeholders maintained under the Registration of Title Act, 1891. 2. The lands vested in the Minister by an order made on the 8th day of March, 1945, by the Minister in exercise of powers con- ferred by the Emergency Powers (No. 315) Order, 1944 (S. B. & 0., No. 74 of 1944), which said lands are described in the first- mentioned Order as "All that portion of the former Montcagle Arms Hotel premises situate in the towniand of Foync$, barony of Shanid and County of Limerick, being part of the lands registered in Folio 2910 of the Register County Limerick and com- prised of (1) an open yard of 1927 square feet or thereabouts in area and buildings of 1431 square feet or thereabouts in floor area, as shown more particularly hatched blue on the annexed map and (2) an open yard of 1470 square feet or thereabouts in area as shown more particularly coloured pink on the said annexed map." PAGENO="0851" Number 1 of 1959. AIR NAVIGATION AND TRANSPORT ACT, 1959. 845 PAGENO="0852" 846 AIR LAWS AND TREATIES OF THE WORLD ARRANGEMENT OF SECTIONS. PART I. PRELIMINARY AND GENERAL. Section. 1. Short title and collective citation. 2. Commencement. 3. Interpretation. PART II. AMENDMENTS OF THE PRINCIPAL ACT. 4. Amendment of section 18 of the Principal Act. 5. Amendment of the First Schedule to the Principal Act. PART III. PROVISIONS IN RELATION TO THE 1955 PROTOCOL TO THE WARSAW CONVENTION. 6. Application of Part III. 7. 1955 Protocol to the Warsaw Convention to have the force of law in the State. PART IV. CARRIAGE BY AIR WHICH IS NOT INTERNATIONAL. b. Amendment of section 20 of the Principal Act. SCHEDULE. PAGENO="0853" AIR LAWS AND TREATIES OF THE WORLD 847 AIR NAVIGATION AND TRANSPORT ACT, 1959. AN ACT TO AMEND SECTION 18 OF AND THE FIRST SCHEDULE TO THE AIR NAVIGATION AND TRANSPORT ACT, 1936, TO ENABLE EFFECT TO BE GIVEN TO A PROTOCOL (SIGNED AT THE HAGUE ON THE 28TH DAY OF SEPTEMBER, 1955) TO AMEND THE CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO INTERNATIONAL CARRIAGE BY AIR SIGNED AT WARSAW ON THE l2rn DAY OF OCTOBER, 1929, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [18th March, 1959.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS :- PART I. PREL1~IINAI~Y AND GENERAL. 1.-(1) This Act may be cited as the Air Navigation and Short title Transport Act, 1959. and collective citation. (2) The Air Navigation and Transport Acts, 1936 to 1950, and this Act may be cited together as the Air Navigation and Transport Acts, 1936 to 1959. 2.-(1) This Act (except Parts III and IV and the Schedule) Commencement shall come into operation immediately upon the passing thereof. (2) The following provisions of this Act, namely, Parts III and IV and the Schedule, shall come into operation on such dnv ~ shall be fixed for that purpose by order of the Government. PAGENO="0854" 848 AIR LAWS AND TREATIES OF THE WORLD 3.-In this Act- Interpretation. "the Principal Act" means the Air Navigation and Transport 1936, No. 40. Act, 1936; "the 1955 Protocol to the Warsaw Convention" means the Protocol (signed at The Hague on the 28th September, 1955) to amend the Warsaw Convention; "the Warsaw Convention" has the same meaning as in the Principal Act. PART II. AMENDMENTS OF THE PRINCIPAL ACT. 4.-(1) The following clause shall be substituted for clause (ii) Amendment of of paragraph (b) of section 18 of the Principal Act- ~18*o~ Act. `(ii) in deducing any relationship- (I) a person adopted under the Adoption Act, 1952 (No. 25 of 1952), shall be considered as the child of the adopter or adopters born to him, her or them in lawful wedlock and not to be the child of any other person, (II) subject to sub-clause (I) of this clause, an illegitimate person shall be considered the legitimate offspring of his mother and reputed father, (III) a person in loco parentis to another shall be considered the parent of that other ;". (2) Subsection (1) of this section shall iiot apply in respect of an action to enforce the liability of a carrier in respect of the death of a passenger where the death occurred before the passing of this ActS 5.-The First Schedule to the Principal Act is hereby amended Amendment of in the following respects- Schedule to (a) the word "baggage" shall be substituted for the word the Principal "luggage "wherever the latter word occurs, Act. (b) the expression "baggage ticket" shall be substituted for the expression "luggage ticket" wherever the latter expression occurs, PAGENO="0855" AIR LAWS AND TREATIES OF THE WORLD 849 (c) the word CC cargo" shall be substituted for the word "goods "wherever the latter word occurs, (d) the expression " air waybill" shall be substituted for the expression" air consignment note" wherever the latter expression occurs. PART III. PRovIsIoNs IN RELATION TO THE 1955 PRoTocoL TO THE WARSAW CoNvI~TIoN. 6.-This Part shall apply only in respect of States which are Application of parties to the 1955 Protocol to the Warsaw Convention. Part III. 7.-(1) The provisions of the 1955 Protocol to the Warsaw Convention, as set out in the Schedule to this Act, shall have the force of law in the State, and the following provisions of the Principal Act, namely section 18 (as amended by section 4 of this Act) and the First Schedule (as amended by section 5 of this Act) shall have effect accordingly. (2) The Government may by order from time to time certify who are the parties to the 1955 Protocol to the Warsaw Conven- tion, in respect of what territories they are respectively parties and to what extent they have availed themselves of the right of reservation provided for in Article XXVI of the 1955 Protocol to the Warsaw Convention. (3) Any sum in francs mentioned in Article 22 of the First Schedule to the Principal Act, as amended by Article XI of the Schedule to this Act, shall, for the purposes of an action against the carrier, be converted into the currency of the State at the rate of exchange prevailing on the date on which the amount of any damages to be paid by the carrier is ascertained by the Court. PART IV. 1955 Protocol to the Warsaw Convention to have the force of law in the State. CARRIAGE BY AIR WHICH IS NOT INTERNATIONAL. 8.-In section 20 of the Principal Act- Asn~ndment of section 20 of (a) references to the First Schedule to the Principal Act shall the Principal be construed as references to the said First Schedule Act. as amended by section 5 of this Act and by the Schedule to this Act, (b) the reference to section 18 of the Principal Act shall be construed as a reference to the said section 18 as amended by section 4 of this Act. PAGENO="0856" PAGENO="0857" Number29of 1959. AIR NAVIGATION AND TRANSPORT (No. 2) ACT, 1959. 851 PAGENO="0858" 852 AIR LAWS AND TREATIES OF THE WORLD ARRANGEMENT OF SECTIONS. Section. 1. Interpretation. 2. Increase of capital of the Company. 3. Restriction on State guarantee of debentures of the Company. 4. Short title and collective citation. PAGENO="0859" AIR LAWS AND TREATIES OF THE WORLD 853 AIR NAVIGATION AND TRANSPORT (No. 2) ACT, 1959. AN ACT TO AMEND AND EXTEND THE AIR NAVIGATION AND TRANSPORT ACTS, 1936 TO 1959. [11th August, 1959.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS 1.-In this Act- Interpretation. "the Company "means Aer Rianta, Teoranta, being the company formed in pursuance of section 68 of the Principal Act; "the Principal Act" means the Air Navigation and Transport 1936, No. 40. Act, 1936. 2.-Subsection (1) of section 21 of the Air Navigation and Increase of Transport Act 1946, is hereby amended by the substitution of capital of the Company. £10,000,000 (ten million pounds) divided into ten million shares of one pound each "for "£2,000,000 (two million pounds) divided 1946, No. 23. into two million shares of one pound each ", and any reference in Part IV of that Act to the said section 21 shall be construed as including a reference to that section as amended by this section. 3.-The power to give guarantees with respect to debentures Restriction on issued by the Company which is conferred on the Minister for State guarantee r . of debentures Finance by section 7~ of the Principal Act shall not be so exercised of the Company. that the total amount of principal moneys the due payment of which stands at any time guaranteed pursuant to that section exceeds £5,000,000 (five million pounds). 4.-(1) This Act may be cited as the Air Navigation and Trans- Short title port (No. 2) Act 1959. and collective citation. (2) The collective citation the Air Navigation and Transport Acts, 1936 to 1959, shall include this Act. PAGENO="0860" PAGENO="0861" Number 360/1959. SHANNON FREE AIRPORT DEVELOPMENT COMPANY LIMITED ACT 1959 (No. 36) 855 PAGENO="0862" 856 AIR LAWS AND TREATIES OF THE WORLD ARRANGEMENT OF SECTIONS. Section. 1. Definitions. 2. Power to Minister for Finance to take up share5 of the Company. 3. Advances of moneys out of the Central Fund. 4. Holding and sale by the Minister for Finance of shares. 5. Exercise by the Minister for Finance of right or power exercisable by holder of shares. 6. Disposition of dividends, etc., on shares held by the Minister for Finance. 7. Exemption from stamp duty. 8. Grants to the Company. 9. Restriction on amount of certain grants made by the Company. 10. Provisions having effect in certain circumstances. 11. Restriction on making of grants by An Foras Tionscal. 12. Expenses. 13. Short title. SCHEDULE. P.ROVISIONS HAVING EFFECT SO LONG AS THE MINISTER FOR FINANCE HOLDS ANY SHARES OF THE COMPANY OR ANY MONEYS BORROWED BY THE COMPANY THE DUE REPAYMENT OF WHICH IS GUARANTEED BY THAT MINISTER HAVE NOT BEEN REPAID OR ANY MONEYS PAID BY THE MINISTER UNDER A GUARANTEE HAVE NOT BEEN REPAID TO HIM BY OR RECOVERED BY HIM FROM THE COMPANY. PAGENO="0863" AIR LAWS AND TREATIES OF THE WORLD 857 SHANNON FREE AIRPORT DEVELOPMENT COMPANY LIMITED ACT, 1959.* AN ACT TO AUTHORISE THE MINISTER FOR FINANCE TO TAKE UP SHARES OF THE SHANNON FREE AIRPORT DEVELOPMENT COMPANY LIMITED, TO PROVIDR FOR THE MAKING OF GRANTS TO THAT COMPANY AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [8th December, 1959.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS 1.-In this Act- "the airport" means the entire area within the outer margin of the red line marked ABCDEFG on the map annexed to the Customs- Free Airport (Variation of Limits) Order, 1958, but, where, after the passing of this Act, any order is made under section 2 of the Customs-Free Airport Act, 1947, altering that area and is for the time being in force, means that area as so altered; "the Company" means the Shannon Free Airport Development Company Limited; "the Minister" means the Minister for Transport and Power. 2.-The Minister for Finance may from time to time take up by subscription any class or classes of shares of the Company and the amounts, not exceeding in the aggregate one and one-half million pounds, which may be subscribed under this section shall be determined by the Minister for Finance after consultation with the Minister. Definitions. 8.1. 1958, No 268. 1947, No. 5. Power to Minister for Finance to take up shares of the Company. * The official translation of this Act is printed opposite. PAGENO="0864" 858 AIR LAWS AND TREATIES OF THE WORLD 3.-(1) All moneys from time to time required by the Minister Advances of for Finance to meet payments required to be made by him to the* mo~i~Ys out of the Company in respect of any shares taken up by him under this Act Central Fund. shall be advanced out of the Central Fund or the growing produce thereof. (2) For the purpose of providing moneys for the sums advanced out of the Central Fund under this section, the Minister for Finance may borrow from any person any sum or sums, and for the purpose of such borrowing he may create and issue securities bearing such rate of interest and subject to such conditions as to repayment, redemption or any other matter as he thinks fit, and shall pay the moneys so borrowed into the Exchequer. (3) The principal of and interest on any securities issued by the Minister for Finance under this section and the expenses incurred in connection with the issue of such securities shall be charged on and payable out of the Central Fund or the growing produce thereof. 4.-(1) The Minister for Finance may hold for so long as he Holding and sale thinks fit any shares of the Company taken up by him under this ~ Act and may, as and when he thinks fit, sell all or any of such shares. shares. (2) The net proceeds of a sale by the Minister for Finance of shares of the Company shall be paid into or disposed of for the benefit of the Exchequer. 5~-Where the Minister for Finance holds shares of the Corn- Exercise by the pany, he may exercise a right or power exercisable by the holder Minister for of the shares and, where the right or power is exercisable by ~r0f right attorney, he may, if he so thinks proper, exercise it by his attorney, exercisable by holder of shares. 6.-All dividends bonus and other moneys received by the Disposition of dividends, etc., Minister for Finance in respect of shares of the Company held by ~ shares held' him shall be paid into or disposed of for the benefit of the by the Minister Exchequer. for Fmance. 7.-Section 112 of the Stamp Act, 1891, shall not operate so as Exemption from to require the Company to deliver to the Registrar of Joint Stock stamp duty. Companies any statement or to pay any stamp duty under that 189i, c.39. section in respect of any increase of the capital of the Company. PAGENO="0865" AIR LAWS AND TREATIES OF TUE WORLD 859 8.-(1) The Minister with the consent of the Minister for Grants to the Finance, may, out of moneys provided by the Oireachtas, make Company. grants to the Company- (a) to enable the Company to do such things as are calculated either directly or indirectly to encourage or facilitate the establishment and carrying on of commercial, indus- trial and trading enterprises at the airport, and (b) to meet the running expenses of the Company. (2) The aggregate amount of grants under this section shall not exceed five hundred thousand pounds. 9.-(1) Where a grant is made by the Company for the pro- Restriction on vision of machinery and equipment in connection with any indus- trial or commercial enterprise at the airport, the amount of the the Company. grant shall not exceed one-half of the cost of the machinery and equipment. (2) Where a grant is made by the Company for the training of workers for the purpose of any industrial or commercial enter- prise at the airport, the amount of the grant shall not exceed the actual amount of wages paid to such workers during the period of their training, together with, in the case of workers trained outside the State, the amount of their travelling and subsistence expenses. 10.-The provisions of the Schedule to this Act shall have effect Provisionshaving so long as- effect in certain circumstanc~. (a) the Minister for Finance holds any shares of the Company, or (b) any moneys borrowed by the Company the due repayment of which is guaranteed by the Minister for Finance under the State Guarantees Act, 1954, as amended by 1954, No. 9. the State Guarantees Act, 1954 (Amendment of Schedule) Order, 1959, have not been repaid, or S.I. 1959, No. 49. (c) any moneys borrowed by the Company, the due repay- ment of which is so guaranteed and the amount of which has been paid by the Minister for Finance under the guarantee, have not (together with interest thereon at the rates appointed by that Minister) been repaid by the Company to him or recovered from the Com- panyby him. 67717 O-61----55 PAGENO="0866" 860 AIR LAWS AND TREATIES OF THE WORLD 1 1.-After the passing of this Act, An Foras Tionscal shall not Restriction on make a grant in respect of the establishment, development or maintenance of an industrial undertaking at the airport. Tionscal. 12.-The expenses incurred by the Minister in the administration Expenses. of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. 13.-This Act may be cited as the Shannon Free Airport Short title. Development Company Limited Act, 1959. SCHEDULE. Section 10. PROVISIONS HAVING EFFECT SO LONG AS THE MINISTER FOR FINANCE HOLDS ANY SHARES OF TUE CoMPANY OR ANY MONEYS BORROWED 1w mu~ COMPANY THE DUE REPAYMENT OF WHICH IS GUARANTEED BY THAT MINrSvi~ HAVE NOT BEEN REPAID OR ANY MONEYS PAID BY TUE MINISTER UNDER A GUARANTEE HAVE NOT BEEN REPAID TQ HIM BY OR RECOVERED BY HIM FROM THE COMPANY. 1. Notwithstanding anything contained in the Companies Acts, "~0110~1 1908 to 1959, or in the memorandum or articles of association of memorandum the Company, an alteration in the said memorandum or articles and articles of shall not be valid or effectual unless made with the previous association. approval of the Minister for Finance given after consultation with the Minister. 2. (1) The Company shall keep, in such form as may be approved Accounts and by the Minister, with the concurrence of the Minister for Finance, au 1 all proper and usual accounts of all moneys received and expended by it and, in particular, shall keep, in such form as aforesaid, all such special accounts as the Minister may from time to time direct. (2) Accounts kept in pursuance of this section shall be sub- mitted annually by the Company to an auditor for audit at such time as the Minister, with the concurrence of the Minister for Finance, directs and the Company shall furnish a copy of the accounts as so audited, together with a copy of the auditor's report thereon, to the Minister who shall cause copies thereof to be laid before each House of the O'ireaehtas; PAGENO="0867" AIR LAWS AND TREATIES OF THE WORLD 861 3. (1) The Company shall, in each year, at such date as the AflflUftl rOport. Minister may direct, make a report to the Minister of its activities during the preceding year and the Minister shall cause copies of the report to be laid before each House of the Oireachtas. (2) Whenever the Minister so directs, such annual report shall also include information on such particular aspects of the Com- pany's activities under this Act as the Minister may specify. 4. (1) Where a director of the Company is nominated either as Membership of a candidate for election to either House of the Oireachtas or as either House of the Oireachtas by a member of Seanad ~ireann, he shall thereupon cease to be a directors, officeri director of the Company. or servants of the Company. (2) Where a person who is either an officer or a servant in the employment of the Company becomes a member of either House of the Oireachtas- (a) he shall, during the period (in this section referred to as the secondment period) commencing upon his becoming entitled under the Standing Orders of that House to sit therein and ending either when he ceases to be a member of that House or, if it should sooner happen, upon his resignation or retirement from such employ- ment or upon the termination of such employment by the Company, stand seconded from such employment, (b) he shall not be paid by, or entitled to receive from, the Company any salary or wages, as the case may be, in respect of the secondment period, (c) if there is in force a scheme made by the Company for the pa~rment of superannuation benefits to or in respect of the officers or servants of the Company and the scheme establishes a fund to which the Company and the person pay contributions- (1) the secondment period shall, for the purposes of the scheme, be deemed to be service of that person which is reckonable for superannuation benefits under the scheme if, but only if- PAGENO="0868" 862 AIR LAWS AND TREATIES OF THE WORLD (I) he was in the permanent employment of the Company and was a contributor under the scheme immediately before the commencement of the secondment period, (II) he elects, by notice in writing given to the Company within three months after the com- mencement of the secondment period, to pay contributions under the scheme in respect of the secondment period in accordance with the provisions of this paragraph, and (III) he pays, at such times and in such manner as the committee duly appointed under the scheme to administer the scheme may specify, contributions under the scheme in respect of the secondment period equal in amount to the aggregate of the contributions which he would have paid and the contributions which the Company would have paid in respect of the secondment period if he had remained without secondment under this paragraph in the ser- vice of the Company during the secondment period and had been in receipt of remunera- tion from the Company during that period, (ii) the Company shall not pay any contributions under the scheme in respect of the secondment period, but that part of the contributions payable by him as aforesaid which is equal to the amount of the contributions which the Company would have paid under the scheme in respect of the secondment period if he had remained without secondm~nt under this subparagraph in the service of the Company during the secondment period and had been in receipt of remuneration from the Company during that period shall, for the purposes of the scheme, be deemed to have been paid by the Company, (iii) if the secondment period is terminated by his death or by his retirement from such employment, he shall, for the purposes of the scheme, be deemed to have died in or to have been retired from the service of the Company, as the case may be, and to have been in receipt of remuneration from the Company immediately before such death or retire- ment, as the ease may be, PAGENO="0869" AIR LAWS AND TREATIES OF THE WORLD 863 (iv) if he does not pay or if, having paid contributions under the scheme in accordance with the provisions of this subparagraph, he ceases to pay contribu- tions as aforesaid, he shall, for the purposes of the scheme, be deemed to have resigned from such employment- (I) in case he ceases to pay contributions as afore- said, on the date of the last payment, and (II) in any other case, immediately before the com- mencement of the seeondment period. (3) If a person who is or was an officer or servant of the Com- pany becomes entitled to a pension under the Ministerial and Par- liamentary Offices Acts, 1938 to 1952- (a) he shall not be entitled to reckon the whole or any part of his period of pensionable service, within the meaning of those Acts, for any superannuation benefits payable under a scheme made by the Company for the payment of superannuation benefits to or in respect of the officers or servants of the Company, (b) if he has paid any contributions in accordance with the provisions of subparagraph (2) of this paragraph in respect of that period, so much thereof as is equal to the amount of the contributions which he would have paid in respect of that period under the scheme if he had remained without secondment under subparagraph (2) of this paragraph in the service of the Company during that period and had been in receipt of remuneration from the Company during that period, shall be returned to him if and when a payment of benefit or a return of other contributions is made to him under the scheme. (4) A reference in subparagraph (2) or subparagraph (3) of this paragraph to the receipt by any person of remuneration from the Company shall be taken as a reference to the receipt by that person of remuneration from the Company at the rate at which he was being remunerated by the Company on the last day of his employment with the Company before his secondment under sub- paragraph (2) of this paragraph. PAGENO="0870" 864 AIR LAWS AND TREATIES OF THE WORLD (5) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein shall, while so entitled, be disqualified from becoming a director of the Company or an officer or servant of the Company. 5. A scheme made by the Company for the payment of super- Restriction oti annuation benefits to or in respect of the officers or servants of the Company shall not be valid unless made with the consent of the scheme. Minister given with the concurrence of the Minister for Finance. PAGENO="0871" ISRAEL PRELIMINARY The Ministry of Transport and Communications, Legal Advisor's Office, of Israel, informed the editor, in regard to aviation laws in force, as follows: The Israeli Parliament has adopted in 1950, the Aviation Law 1950 (Sefer Hahukim No. 33 dated 6.2.50, page 73). The said law contains various amendments to the Palestine Manda- tory Aviation Law, namely the U.K. Air Navigation (Colonies, Pro- tectorates and Mandated Territories) Order 1927. The new law was destined to enable the application of the 1927 law in Israel and to amend it so as to adapt it to the needs of the State of Israel and to the new international instrument governing the subject. The 1927 Law as so amended has been sufficient to cover current activities of theCivil Aviation authorities in Israel. A special commission of experts is about to be set up in the near future by the Minister of Transport and Communications for the preparation of a new basic Civil Aviation Law. This Ministry has prepared a new law governing Carriage by Air, based upon the 1929 Warsaw Convention and the 1955 Hague Pro- tocol. The new law will govern both international and internal car- riage. This law is to replace the Carriage By Air (Colonies, Pro- tectorates and Mandated Territories) Order, 1934 (Palestine Gazette No. 511 of 9.5.1935), which gave effect in Palestine to the 1929 Warsaw Convention. As regards technical regulations, we had the advantage of advice of the ICAO Technical Assistance Mission for the working out of new sets of regulations concerning: (a) Licensing of aviation personnel. (b) Airworthiness of aircraft. These regulations have been prepared by this office and were con- sidered and approved by a committee composed of experts in avia- tion from amongst the Israeli Aviation companies, The Israeli Air- craft Maintenance Institute and the Israeli Aviation Authorities. The licensing of personnel regulations have been duly published in the State's Official Gazette (Kovetz Hatakanot No. 615 of the 18.6.1956). The airworthiness regulations were given effect to, on an adminis- trative basis, by the Director of Civil Aviation and after an experi- mental period of administrative application, they will be duly promulgated. There was no need for a new basic law to give a legal basis to those regulations; the existing law, as supplemented in 1950 was sufficient in this respect. There are various other regulations promulgated by the Minister of Transport and Communications, such as the Civil Aviation Regu- lations (Licensing of Air Transport Services), 1956 (Kovetz Hata- kanot No. 624 of 26.7.1956) and also the Civil Aviation Regulations (Fees), 1956 (Kovetz Hatakanot No. 624 of 26.7.1956). 865 PAGENO="0872" 866 AIR LAWS AND TREATIES OF THE WORLD No. 14 AIR NAVIGATION (AMEND~ENT) LAW, 5710~~~1o5o* 1. The Air Navigation (Colonies, Protectorates and Mandated Territories) Order, Change of 19271), shall henceforward be referred to, and that title, wherever appearing, shall title. henceforward be read, as "the Air Navigation Law, 1927". 2. The Air Navigation Law, 1927, shall be amended as follows: Amendment (a) The expression "Order" shall, wherever appearing, be replaced by the Navigation expression "Law". liaw, 1927. (b) The words "British aircraft" or "British aircraft registered in the Cot. ony" shall, wherever appearing, be replaced by the words "Israel aircraft", (a) The words ,"a licensed aerodrome, a Royal Air Force serodrome, au aero. drome under the control of the Secretary of State for Air or the Governor" shall, wherever appearing, be replaced by the words "an aerodrome". (d~ Paragraph (2) of article 2 shall be replaced by the following paragraph: "(2) "Israel aircraft" means aircraft registered in the State in accordance with this Law". (e) Subparagraph (6) of article 8 shall be replaced~ by the following sub. paragraph: ,t"(b)to all foreign aircraft when such aircraft are in or over the State;" `(Jim trticle 5 - (1) condition (iv) specified in paragraph (1) shall be deleted; (2) proviso (a) shall be replaced by the following proviso: * . 1'(a), Condition (i) shall, not apply to Israel aircraft, and shall not - apply to the aircarft of a state with which a convention relating to air navigation entered into by or on behalf if the State is for the time being in force, no long as the conditions of the convention are * complied with by such state.". (g) Articles 6, 8, 8A, 8B and shall be repealed. (1&) The following~ article shall be inserted after article 7: "Place of 8. An aircraft shall not depart. or land within the area of the / State except on an aerodrome approved by the Minister of Corn.' of aircraft. munications as an aerodronie for the category of aircraft to which. such aircraft belongs.". (I) The word "licensed" in proviso' (iii) to article 10(2) ihall be deleted, (j) Article 10 shall l~e replaced by the f~dlowing article: "ProhIbited 19 `A foreign aircraft or an aircraft engaged ~n ln~ernational carriage, navigation shall not ca4y explosives of war, arms of war, or munitionS of war, except for use in sigealling in accordance with the provisions of 8chedule~ IV.". `(k) Article 22A shalt be repealed. Passed by the~Knessat on the 13th ~hevat, 5710 (31st 3anuary, 1950) and pub. * lished in Sefev Ha.ChU7~kim No. 33 of the 19th Shevat, 5710 (6th February, 1950) p. 73'; the Bill and an Explanatory Note were published in `Hatsa'ot Chok No.26 of the 20th Kislev, 5710 (11th December, 1949) p. St. 2) Laws of Palestine vol. III, p. 2411 (English Edition). PAGENO="0873" AIR LAWS AND TREATIES OF THE WORLD 867 (1) In article 28(3) - (1) subparagraph (i) shall be replaced by the following subparagraph: (i) for the reason only of non-compliance with condition (iv) spe- cifled ia paragraph (1) of article 4, or so much of condition (v) spe- cified in paragraph (1) of article 5 as requires certificates of air- worthiness to be carried in aircraft, or"; (2) the words "paragraphs (1) and ~2) of Article 8" in subparagraph (ii) shall.be deleted. (m) In article 29 - (1) the words "or the licence of any aerodrome in the Colony" in para- graph (1) shall be deleted; (2) paragraph (4) shall be deleted; (8) the words "or liable to be suspended under paragraph (4) of this article" in paragraph (5) shall be deleted. (is) In article 31(1) - (1) the delInition of "Aerodrome" shall be replaced by the following definition: "Aeródrome" means any ground or water area held and administered by the State and intended to be used, either wholly or in part, for the departure or landing of aircraft;"; (2) the definitions of "ProprietOr of an aerodromo" and "Licensed aero- drome" shall be deleted. (o) In Schedule I - (1) paragtaph 1 shall be replaced by the following paragraph: "1. The Minister of Communications may establish a Registry of Aircraft and may appoint an ofllctr to act as Registrar of Aircraft (hereinafter referred, to as "the Registrar")."; (2) paragraph 2 shall be replaced by the following paragraph: `2. (1) An aircraft shall not be registered in the State unless - (a) its ordinary base is situate in the State; (b) it is owned wholly either - (i) by a resident;or (ii) by a company or corporation founded and duly registerea in the State, the principal place of business of which is in the State and at least two-thirds or the directors of Which are residents, and which is both nominally and actually controlled by residents; (c) the Minister of Communications has permitted such re~istra. tion in writing; provided `that the Minister of Communications may direct tile re. gistration of an aircraft in the State even where the conditions spe- cified in this subparagraph are not fulfilled, if he is satisfied that the registration is required in the public interest. (2) The Minister of Communications may grant, refuse to grant and withdraw a permission under subparagraph 1(c), and may also attach conditions to such a permission and add to and vary all or any of'such conditions. (3) An aircraft shall not remain registered in the name of a natural or juristic person no longer fulfilling the conditions specified PAGENO="0874" 868 AIR LAWS AND TREATIES OF THE WORLD in subparagraph (1) or a condition attached by the Minister of Communications to a permission under this paragraph. (4) `Resident", for She purposes of this paragraph, means a person who has been a permanent resident of the Sta~te `since the 5th lyar, 5708 (14th May, 1948) or whQ' entered the State legally after the said date and has on the date of submission of his applica- tion been a permanent resident of the State for at least three months,"; (8) in the fourth paragraph - (i) the words "the Secretary of thate for Air" shall, wherever appear ing, be replaced by the words "the Minister of Communications"; (ii) subparagraph (2) shall be replaced by the following subparagraph: (2) If the Registrar has doubts as to whether an appliaction is in order and compli~ with all the conditions as aforesaid, he shall refer the matter to the Minister of Communications, ,who may at his discretion order or prohibit registration."; (4) paragraphs 5 and `9 shall be repealed; (5) in the tenth paragraph, the words "the Air Ministry" ss'~all bp replaced by the words "the Minister of Communications";. (6) paragraph 14 shall be replaced by the following paragraph: "14. The nationality and registration marks of an aircraft shall be such as the Registrar may prescribe.". (p) In Schedule II - (1) in the first paragraph - (i) the words "which the Minister of Communications or a person appointed by him in that behalf has at his discretion" shall be inserted between the words "certificate of airworthiness" anti the words "validated or issued"; (ii) the following sentence shall be added at the end: "A certificate of airworthiness shall be validated or issued in ac- cordance with such conditions and directions as the Minister of Corn. munications may from time to time prescribe."; (2) in the second paragraph -. (i) the words "in any other part of His Majesty's dominions or" shall be deleted; (ii) the words "on behalf of His Majesty" shall be replaced by~ the words"on behalf of the State"; (iii) the words "over British territory" shall be replaced by the words `over the area of the State"; (8) paragraph 3 shall be repeated. (q) In Schedule V, the words "in any othei' part of His Majesty's dorninions or" in paragraph 2(1)(b) shall be deleted. PAGENO="0875" JAPAN CIVIL AERONAUTICS LAW Law No. 231 of July 15, 1952 as amended by Law No. 278 of 1952, by Law No. 66 of 1953, by Law No. 151 of 1953, and by Law No. 60 of 1954.' Law No. 63 of April 15, 1958, concerning a partial amendment to the Civil Aeronautics Law. TABLE OF CONTENTS ChAPTER I-GENERAL PROVISIONS Article 1. Purpose. Article 2. Definitions. CHAPTER Il-REGISTRATION Article 3. Registration. Article 3-(2). Acquisition of Nationality. Article 3-(3). Contest. Article 4. Requirements for Registration. Article 5. New Registration. Article 6. Issuance of Registration Certificate. Article `7. Alteration of Registration. Article 7-(2). Transfer of Registration. Article 8. Cancellation of Registration. Article 8-(2). Copy, etc. of Aircraft Register. Article 8-(3). Stamp of Registration Mark. Article 8-(4). Compulsory Execution Concerning Newly Registered Aeroplane and Rotocraft. Article 9. Delegation to Order. CHAPTER 111-SAFETY OF AIRCRAFT Article 10. Airworthiness Certification. Article 10-(2). Airworthiness Certification. Article 11. Airworthiness Certification. Article 12. Type CertificatiOn. Article 13. Type Certification. Article 14. Duration of Airworthiness Certification. Article 14-(2). Suspension of Validity of Airworthiness Certification, etc. Article 15. Invalidation of Airworthiness Certification. Article 16. Inspectionon Repair or Remodelling. 4rticle 17. Spare Parts Certifications. Article 18. Maintenance of Engine, etc. Article 19. Maintenance or Remodelling of Aircraft. Article 20. Specified Radio Apparatus. Article 21. Delegation to Order. CHAPTER IV-AIRMAN Article 22. Competence Certification for Airman and Aircraft Crew Licencing. Article 23.. Certificate of Competence. Article 24. Qualifications. Article 25. Restriction to Competence Certification. Article 26. Qualifications for Application. Article 27. Causes for Ineligibility, etc. Article 28. Scope of Duties. `The translation published by Fuji Kogyo Pub. Co. (Tokyo, 1955) has-been edited. 869 PAGENO="0876" 870 AIR LAWS AND TREATIES OF THE WORLD Article 29. Conduct of Examination. Article 29-(2). Alteration of Restriction of Competence Certification. Article 30. Cancellation, etc. of Competence Certification. Article 31. Aircraft Crew Licencing. Article 32. Aircraft Crew Licencing. Article 33. Aircraft Crew Licencing. Article 34. Instrument Flight Certification and Training for Pilotage Certi- fication. Article 35. Student Pilot. Article 36. Delegation to Order. CHAPTER V-AIRwAYS, AIRDROMES AND AIR NAVIGATIONAL AID Article 37. Designation of Airway. Article 38. Provision of Airdrome or Air Navigational Aid. Article 39. Examination of Application. Article 40. Notification, etc., of Airdrome for Public Use. Article 41. Completion of Airdrome Construction Work. Article 42. Completion Inspection. Article 43. Alteration of Airdrome or Air Navigational Aid. Article 44. Suspension or Discontinuance of Use. Article 45. Suspension or Discontinuance of Use. Article 46. Notification of Airdrome or Air Navigational Aid. Article 47. Administration of Airdrome or Air Navigational Aid. Article 48. Cancellation of Permission. Article 49. Restriction, etc., of Object. Article 50. Restriction, etc., of Object. Article 51. Installation of Aeronautical Obstruction Light. Article 52. Restriction of Similar Light. Article 53. Prohibition of Staining Act, etc. Article 54. Charges for Use. Article 55. Succession of Status of Provider of Airdrome, etc. Article 56. Provision or Administration of Airdrome, etc., by the Minister of Transportation. Article 56-(2). Designation, etc., of Facilities for Public Use. CHAPTER VI-OPERATION OF AIRCRAFT Article 57. Display of Nationality Mark, etc. Article 58. Aircraft Logbook. Article 59. Documents to be carried in Aircraft. Article 60. Compulsory Radio Equipment. Article 61. Safety Equipment. Article 62. Equipment in Case of Special Flights. Article 63. Fuel of Aircraft. Article 64. Aircraft Lights. Article 65. Persons by whom Aircraft to be manned. Article 66. Persons by whom Aircraft to be manned. Article 67. Documents to be carried by Airman. Article 68. Standards of Crew Assignment. Article 69. Recent Flight Experience. Article 70. Intoxicating Liquor, etc. Article 71. Physical Deficiencies. Article 72. Route Qualification of Pilot-in-Command. Article 73. Power of Pilot-in-Command. Article 74. Measures in Case of Danger. Article 75. Measures in Case of Danger. Article 76. Obligation to Report. Article 77. Aircraft Dispatcher. Article 78. Aircraft Dispatcher. Article 79. Place for Landing and Take-off. Article 80. Prohibited Area. Article 81. Minimum Safe Altitude. Article 82. Cruising Altitude. Article 83. Prevention of Collisions. Article 84. Formation Flight. Article 85. Prohibition of Rude Operation. Article 86. Prohibition of Carriage of Explosives, etc. PAGENO="0877" AIR LAWS AND TREATIES OF THE WORLD 871 Article 87. Pilot-less Aircraft. Article 88. Towing of Object. Article 89. Dropping of Object. Article 90. Parachute Jumping. Article 91. Acrobatic Flight. Article 92. Performance of Training for Student Pilot. Article 93. Places of Training, etc., for Aircraft Pilotage. Article 94. Flight under Visual Flight Rules Conditions. Article 95. Flight under Instrument Flight Rules Conditions. Article 96. Air Traffic Instructions. Article 97. Flight Plan and Approval therefor. Article 98. Notification of Arrival. Article 99. Prohibition of Entry in Landing Strip. CHAPTER Vu-AIR TRANSPORTATION, ETC. Article 100. Licence. Article 101. Licencing Standards. Article 102. Inspection prior to Inauguration of Operation. Article 103. Obligation to commence Operation. Article 104. Approval of Operation and Maintenance Manuals. Article 105. Approval of Fares and Charges. Article 106. Approval of Conditions of Transportation. Article 107. Notice of Fares and Charges, etc. Article 108. Business Program. Article 109. Business Program. Article 110. Agreement concerning Transportation. Article 111. Exception from Application of the Law concerning the Prohibition of Private Monopoly and the Methods of Preserving Fair Trade. Article 112. Order for Improvement of Business. Article 113. Utilization of Title, Loan of Business, etc. Article 114. Transfer and Taking Over of Business. Article 115. Amalgamation of Business. Article 116. Inheritance. Article 117. Suspension of Business. Article 118. Closure of Business. Article 119. Discontinuance of Business and Cancellation of Licence. Article 120. Invalidation of Licence. Article 121. Non-Scheduled Air Transportation. Article 122. Non-Scheduled Air Transportation. Article 123. Aircraft-Using Enterprise. Article 124. Aircraft-Using Enterprise. Article 125. Conditions attached to Licence, etc. CHAPTER vIII-FOREIGN AIRCRAFT Article 126. Flight of Foreign Aircraft. Article 127. Use of Foreign Aircraft Inside Japan. Article 128. Prohibition of Carriage of Munitions. Article 129. International Air Transport Enterprise by Foreign Nationals. Article 129-(2). Approval of Fares, Rates and Charges. Article 129-(3). Business Program. Article 129-(4). Order for Alteration of Business Program, etc. Article 129-(5). Suspension of Business and Cancellation of Permission. Article 130. Cabotage. Article 130-(2). Transportation of Passengers, etc., Taking Off or Landing Inside of Japan. Article 131. Recognition of Certificates, etc. Article 131-(2). Terms and Conditions, etc. CHAPTER IX-MI5CELLANEOUS PROVISIONS Article 132. Investigation of Accident. Article 133. Report on Air Transport Agent, etc. Article 134. Collection of Report and Entry for Inspection. Article 135. Payment of Fee. Article 136. Inquiry to Transportation Council. Article 137. Appeal. PAGENO="0878" 872 AIR LAWS AND TREATIES OF THE WORLD CHAPTER X-PENAL PROVISIONS Article 138. Penalty for Endangering Air Navigation, etc. Article 139. Penalty for Endangering Air Navigation, etc. Article 140. Penalty for Endangering Air Navigation, etc. Article 141. Penalty for Endangering Air Navigation, etc. Article 142. Penalty for Endangering Air Navigation, etc. Article 143. Penalty for Using Non-Airworthiness-Certified Aircraft, etc. Article 143-(2). Penalty for Designated Airworthiness Inspector. Article 144. Penalty for Non-Display, etc. Article 145. Penalty for Non-Manning of Specified Airmen, etc. Article 146. Penalty relating to Provision of Airdrome or Air Navigational Aid, etc. Article 147. Penalty relating to Provision of Airdrome or Air Navigational Aid, etc. Article 148. Penalty relating to Provision of Airdrome or Air Navigational Aid, etc. Article 148-(2). Penalty relating to Provision of Ardrome or Air Navigational Aid, etc. Article 149. Penalty for Conducting Air Service without Specified Qualifications, etc. Article 150. Penalty for Not Carrying of Competence Certificate, etc. Article 151. Penalty relating to Duties of Pilot-in-Command, etc. Article 152. Penalty relating to Duties of Pilot-in-Command, etc. Article 153. Penalty relating to Duties of Pilot-in-Command, etc. Article 154. Penalty relating to Duties of Pilot-in-Command, etc. Article 155. Penalty relating to Business of Air Transport Enterprise, etc. Article 156. Penalty relating to Business of Air Transport Enterprise, etc. Article 157. Penalty relating to Business of Air Transport Enterprise, etc. Article 157-(2). Penalty relating to Business of Air Transport Enterprise, etc. Article 158. Penalty for Evading of Entry, etc. Article 159. Dual Punishment. Article 160. Non-Criminal Fine. Article 161. Non-Criminal Fine. Article 162. Non-Criminal Fine. Supplementary Provisions. CHAPTER I-GENERAL PROVISIONS (Purpose) Article 1. The purpose of this Law is to promote the development of civil aviation by providing for methods of insuring the safety of navigation of aircraft in conformity with the provisions of the eon- vention on International Civil Aviation and with the standards, prac- tices and procedures as annexed thereto, and by establishing an order of enterprises operating aircraft. (Definitions) Article 2. In this Law, "aircraft" shall mean any airplane, rotor- craft, glider and airship which can be used for air navigation with a person on board and any contrivance usable for air navigation which may be designated by cabinet order. 2. In this Law, "air service" shall mean any operation performed on board (including handling of radio equipment on board and ex- cepting training as aircraft pilot.) an aircraft, and certification as provided for by Article 19, to be performed on repaired or remodelled aircraft. 3. In this Law, "airman" shall mean any person who has obtained a compet.ence certification as airman under Article 22, paragraph 1. 4. In this Law, "air navigational aid" shall mean any facility in aid of navigation of aircraft by means of electric wave, light, colour or sign as may be specified by Ordinance o the Ministry of Trans- portation. PAGENO="0879" AIR LAWS AND TREATIES OF THE WORLD 873 5. In this Law, "landing strip" shall mean a rectangular part of an airdrome, which is provided for the landing (including such area on water) or take-off (including such area on water) of aircraft in definite directions. 6. In this Law, "approach area" shall mean an area defined by two connecting points at the shorter side of a landing strip with two points 375 meters (600 meters in the case of a landing strip used for instrument flight) distant from a point on a straight line crossing at a point 3000 meters distant from that side and at right angles with the extension of the center-line of the landing strip in the same direction as the former two points. 7. In this Law, "approach surface" shall mean an area abutting on the shorter side of a landing strip and sloping upwards at an angle from the horizontal plane as specified by Ordinance of the Min- istry of Transportation, the projection of which corresponds with the approach area. 8. In this Law, "horizontal surface" shall mean that part of a horizontal plane including a point 45 meters vertically above the aerodrome reference point, which is enclosed by a circle described with that point as its center and with a radius of a length as specified by Ordinance of the Ministry of Transportation. 9. In this Law, "transitional surface" shall mean an area abutting at the outer sides of the approach surfaces and the longer sides of the landing strip and sloping upwards and outwards at an angle of 7: 1 from the horizontal plane to the intersection with the horizontal surface. 10. In this Law, "aeronautical light" shall mean any navigational aid in aid of navigation of aircraft by means of light as specified by Ordinance of the Ministry of Transportation. 11. In this Law, "air traffic control area" shall mean any air space on any airway, which is 200 meters or more of height above the land or water and which may be specified for the safety of air traffic by the Minister of Transportation. 12. In this Law, "air traffic control zone" shall mean any air space above any airdrome for public use and its vicinity, which may be specified for the safety of air traffic on and above such airdrome by the Minister of Transportation. 13. In this Law, "visual flight rules conditions" shall mean weather conditions equal to or above those which may be stipulated by Ordi- nance of the Ministry of Transportation taking the visibility and con- ditions of clouds into consideration. 14. In this Law, "instrument flight rules conditions"~shall mean weather conditions other than visual flight rules conditions. 15. In this Law, "instrument flight" shall mean a flight which is performed in sole reliance on flight instruments and without depend- ing upon any visible object outside the aircraft. 16. In this Law, "air transportation" shall mean an enterprise for the transportation of passengers or freight by using aircraft for profit on demand of other persons. 17. In this Law, "scheduled air transportation" shall mean an enterprise for transportation by aircraft navigating on a definite route between one point and any other point and in accordance with a scheduled date and time. PAGENO="0880" 874 AIR LAWS AND TREATIES OF THE WORLD 18. In this Law, "non-scheduled air transportation" shall mean air transportation other than scheduled air transportation. 19. In this Law, "enterprise using aircraft" shall mean any enter- prise which performs any contract for trips other than the trans- portation of passengers or freight by using aircraft for profit on demand of other persons. CHAPTER 11-REGISTRATION (Registration) Article 3. The Minister of Transportation shall register an air- craft in the Aircraft Register in accordance `with the provisions of this Chapter. (Acquisition of Nationality) Article 3-(2). An aircraft shall acquire Japanese nationality when registered. (Contest) Article 3- (3). No acquisition, loss or change of ownership in any registered airplane and rotorcraft, may be set up against a third person unless the aircraft has been registered. (Requirements for Registration) Article 4. An aircraft owned by any one of the following persons shall not be eligible for registration: (1) Any person who does not have Japanese nationality; (2) Any foreign state or public entity or its equivalent in any foreign state; (3) Any juridical person or body established in accordance with the laws and ordinances of any foreign state; (4) Any juridical person of which the representative is any one of those mentioned in the preceding three items or of which more than one-third of the officers are such persons or more than one- third of voting interests is owned by such persons. 2. An aircraft which has the nationality of any other country shall not be eligible for registration. (New Registration) Article 5. Registration of any aircraft not yet registered, herein- after called "new registration," shall be made upon application of the owner, by entering the following items in the Aircraft Register and by designating and entering registration marks therein: (1) Type of aircraft; (2) Manufacturer of aircraft; (3) Serial number of aircraft; 4) Home base of aircraft; 5) Full name or title and address of owner; 6) 1)ate of registration. (Issuance of Registration Certificate) Article 6. The Minister of Transportation shall issue in the case of a new registration, a registration certificate to the applicant. (Alteration of Registration) Article 7. If there have been any changes in the items mentioned in Article 5, item (4) or (5) with regard to any newly registered aircraft (hereinafter referred to as "registered aircraft"), the owner shall make application for a change of the registration within a period of not more than 15 days thereafter. However, this shall not apply in PAGENO="0881" AIR LAWS AND TREATIES OF THE WORLD 875 a case where an application either for a transfer of the registration in accordance with the provisions of the following Article, or for cancellation of the registration in accordance with the provisions of Article 8 has to be made. (Transfer of Registration) Article 7-(2). If there has been a change in the owner of any registered aircraft, the new owner shall make application for transfer of the registration within a period of not more than 15 days there- after. (Cancellation of Registration) Article 8. The owner of a registered aircraft shall apply for can- cellation of the registration in the following cases within a period of not more than 15 days thereafter: (1) If the registered aircraft has been lost or dismantled (ex- cepting dismantling for the purpose of repair, remodeling, trans- portation or custody; (2) If the registered aircraft has been missing for mor~ than 2 months; (3) If the registered aircraft has become ineligible for regis- tration under the provisions of Article 4. 2. In the case of the preceding paragraph, when the owner of a registered aircraft does not apply for cancellation of the registra- tion, the Minister of Transportation shall give notice to the owiner to do so within a period of more than 7 days which shall be fixed by him. 3. If the owner of a registered aircraft does not apply, in cases where the notice under the preceding paragraph has been given, for cancellation of the registration, the Minister of Transportation shall cancel the registration and inform t.he owner thereof. (Copy, etc., of Aircraft Register) Article 8- (2). Any person may request from the Minister of Trans- portation the delivery of a copy or abstract of the Aircraft Register or permission for inspection of any part of the Aircraft Register in which he has an interest. (Stamp of Registration Mark) Article 8- (3). When an airplane or rotorcraft has been newly registered, the Minister of Transportation shall stamp its registra- tion mark on the aircraft. 2. In accordance with the preceding paragraph, the owner of any aircraft shall present the aircraft to the Minister of Transportation on the date designated by the latter in order to obtain the stamp under the said paragraph. 3. No person shall alter indications of registration marks stamped in accordance with the provisions of paragraph 1. (Compulsory Execution concerning Newly Registered Aeroplane and Rotorcraft) Article 8- (4). Compulsory execution against any newly registered airplane and rotorcraft, shall be decreed by any local court as a court of jurisdiction. 2. Rules concerning the compulsory execution under the preceding paragraph shall be prescribed by the Supreme Court. 3. The provisions of the preceding two paragraphs shall apply accordingly to the public sale of any newly registered airplane or rotorcraft. 67717 O-61~------~56 PAGENO="0882" 876 AIR LAWS AND TREATIES OF THE WORLD (Delegation to Order) Article 9. Descriptions of the Aircraft Register, recovery of reg- istration, alteration of registration and other matters concerning reg- istration shall be stipulated by Cabinet Order. 2. Details concerning the certificate of aircraft registration and the stamping of registration mark shall be stipulated by Ordinance of the Ministry of Transportation. CHAPTER Ill-SAFETY OF AIRCRAFT (Airworthiness Certification) Article 10. Upon application, the Minister of Transportation shall grant an airworthines certification of any aircraft. 2. No aircraft shall be certified as airworthy under the preceding paragraph unless it has Japanese nationality. However, this shall not apply to such aircraft as may be designated by Cabinet Order. 3. An airworthiness certificatioii shall be granted by designating the purpose of use, speed, maximum takeoff weight, maximum land- ing weight, center of gravity and operational limits of the engine of the aircraft. 4. In cases where there has been an application under paragraph 1, the Minister of Transportation shall grant an airworthiness certifica- tion when he deems the aircraft to be consistent with such technical standards of safety as may be stipulated by Ordinance of the Min- ister of Transportation after he has made an inspection to ascertain whether the strength, construction and performance of the aircraft is consistent therewith. However, with rega.rd to aircraft of such type or a type certified under Article 12, paragraph 1, or an imported aircraft or such other aircraft as may be specified by Cabinet Order, a part of the inspection may be omitted. 5. The certification of airworthiness shall be made by issuing an airworthiness certificate to the applicant. Article 10-(2). Any person who has obtained the approval of the Minister of Transportation for having the qualification and experience as may be stipulated by Ordinance of the Ministry of Transportation (hereinafter referred to as "designated airworthiness inspector") may conduct the airworthiness certification with regard to gliders as may be stipulated by Ordinance of the Ministry of Transportation. 2. The provisions of paragraphs 2 to 5 inclusive of the preceding Article shall apply to the airworthiness certification under the preced- ing paragraph. Article 11. No aircraft shall be used for air navigation unless certi- fied as airworthy under Article 10 paragraph 1, or paragraph 1 of the preceding Article. However, this shall not apply in cases where the Minister of Transportation has permitted its use for conducting a test flight, etc. (Type Certification) Article 12. Upon application, the Minister of Transportation will make a type certification of the design of the type of an aircraft. 2. In cases where there has been an application under the preceding paragraph, the Minister of Transportation shall grant a type certifi- cation under the same paragraph when he deems the strength, con- PAGENO="0883" AIR LAWS AND TREATIES OF THE WORLD 877 struction and performance of the type of the aircraft in the applica- tion to be consistent with the standards under Article 10 paragraph 4. 3. The type certification shall be granted by issuing a type certifi- cate to the applicant. 4. When making a type certification under paragraph 1, the Min- ister of Transportation shall ask in advance the opinion of the Minister of International Trade and Industry. Article 13. Any person who has obtained a type certification shall, when he intends to alter the design of the aircraft of the said type, ob- tain an approval of the Minister of Transportation. The same shall apply when the aircraft of a type certified as type is no longer con- sistent with the standards under the said paragraph, in cases where there has been any alteration in the standards under Article 10 para- graph 4. 2. In cases where there has been an application under the preceding paragraph, the Minister of Transportation shall approve it when the design as applied for is consistent with the standards under Article 10, paragraph 4, after he has made an inspection to ascertain this fact. 3. The provision of paragraph 4 of the preceding paragraph shall apply in cases where the Minister of Transportation intends to grant approval under the preceding paragraph. (Duration of Airworthiness Certification) Article 14. The duration of a certification of airworthiness shall be one year. However, with regard to any aircraft used for any trans- port enterprise, it shall be such period as may be stipulated by the Minister of Transportation. (Suspension of Validity of Certification of Airworthiness, etc.) Article 14-(2). When the Minister of Transportation deems that the Mrcraft or aircraft of the same type fails to conform with the standards under Article 10 paragraph 4 (including the case where Article 10-(2) paragraph 2 applies prior to the expiration of the period under the preceding Article, or when he deems that the safety of aircraft may not be secured as a result of inspection under Article 10 paragraph 4, Article 16 paragraph 1, or Article 134 paragraph 2, he may suspend the validity of the certificatio~~ of airworthiness, or may shorten the term of validity or change the matters designated by the provisions of Article 10 paragraph 3 (including the case where Article 10-(2) paragraph 2 applies) with regard to said aircraft or an aircraft of the same type. (Invalidation of Certification of Airworthiness) Article 15. In cases where the registration of a registered aircraft has been cancelled, the certification of airworthiness shall become in- valid. (Inspection after Repair or Remodelling) Article 16. Any user of an aircraft certified as airworthy, when he intends to repair or remodel the aircraft within such limits as may be stipulated by Ordinance of the Ministry of Transportation (except- ing repair or remodeling by using spare parts as spare-parts certified under the next Article), shall not use it for air navigation unless he has undergone and passed an inspection by the Minister of Transporta- tion on the intended change and its performance. 2. Any user of a glider, which has been certified as airworthy, under Article 10-(2), paragraph 1, may, when he undergoes an inspection, PAGENO="0884" 878 AIR LAWS AND TREATIES OF THE WORLD by a designated airworthiness inspector and passes the. said inspection in case where repair or remodelling is made with regard to the said glider, may use it for air navigation notwithstanding the provisions of the said paragraph. 3. The Minister of Transportation or the designated airworthiness inspector, when he deems that said aircraft conforms to the standards under Article 10, paragraph 4 (including the case where Article 10-(2), paragraph 2 applies) as a result of inspection under para- graph 1 or the preceding paragraph, may approve its eligibility. (Spare Parts Certification) Article 17. Any user of an aircraft certified as airworthy may ob- tain a spare-parts-certification by the Minister of Transportation of the aircraft engine, propeller or such other part specially important for securing safety designated by Ordinance of the Ministry of Trans- portation. 2. The Minister of Transportation, when he deems. the strength, construction and performance of the parts to be consistent with the standards under Article 10, paragraph 4, upon application for a spare- parts-certification under the preceding paragraph, shall grant a spare- parts-certification. 3. To a spare-parts-certification may be added a term of validity by classification specified by Ordinance of the Ministry of Transportation. (Maintenance of Engine, etc.) Article 18. Any user of an aircraft certified as airworthy, when he uses the aircraft engine, propeller or such other part important for securing safety as may be designated by Ordinance of the Ministry of Transportation in excess of the hours as may be specified by Min~ istry of Transportation Ordinance, shall maintain it in accordance with the procedures stipulated by Ministry of Transportation Ordinance. (Repair or Remodelling of Aircraft) Article 19. No user of an aircraft certified as airworthy, when he has repaired the aircraft or remodelled it (excepting any slight repair specified by Ordinance of the Ministry of Transportation) shall use it for air navigation unless he proves the aircraft to be consistent w-ith the standards under Article 10, paragraph 4 (including the case where Article 10-(2), paragraph 2 applies) or has it certified. How-- ever, the same shall not apply in cases w-here it. undergoes an inspec- tion by the Minister of Transportation in accordance with the pro- visions of Article 16 paragraph 1. (Specified Radio Apparatus) Article 20. No radio apparatus specified by Ordinance of the Min- istry of Transportation (hereinafter referred to as "specified radio apparatus") which is installed in aircraft may be used unless it has undergone and passed an inspection by the Minister of Transporta- tion. The same shall apply to those with regard to which the term specified by Ministry of Transportation Ordinanc.e has expired after it underwent. and passed an inspection. 2. The Minister of Transportation, when he deems the specified radio apparatus to be consistent with the technica.l standards stipu- lated by Ministry of Transportation Ordinance, shall approve it as passed. PAGENO="0885" AIR LAWS AND TREATIES OF THE WORLD 879 (Delegation to Order) Article 21. Matters concerning the form, issuance, reissuance, return and presentation of an airworthiness certificate and type certificate, matters concerning designated airworthiness inspector and other mat- ters relating to airworthiness, type, inspection under the provisions of Article 16, paragraph 1, spare-parts-certification and inspection under the provisions of paragraph 1 of the preceding article, shall be stipu- lated by Ordinance of the Ministry of Transportation. CHAPTER IY-AIRMAN (Competence Certification as Airman and Aircraft Crew Licence) Article 22. Upon application, the Minister of Transportation shall grant a competence certification as airman to any person who intends to perform air services (hereinafter referred to as "competence certifi- cation"). 2. Upon application, the Minister of Transportation shall grant an aircra~ft crew licence to any person who intends to perform air services on board an air aircraft, in addition to the competence certifi- cation. (Certificate of Competence) Article 23. Competence certification shall. be granted by issuing a certificate of competence as airman (hereinafter referred to as "certificate of competence") to the applicant. (Qualifications) Article 24. Competence certification shall be granted to the fol- lowing: Airline transport pilot; Senior commercial pilot; Commercial pilot; Private pilot; First class flight navigator; Second class flight navigator; Flight engineer; First class flight radio operator; Second class flight radio operator; Third class flight radio operator; First class aircraft mechanic; Second class aircraft mechanic; Third class aircraft mechanic; Aircraft shop mechanic. (Restriction on Competence Certification) Article 25. The Minister of Transportation may put restrictions, by category of aircraft., on the competence. certification for airline transport pilot, senior cOmmercial pilot, commercial pilot, private pilot, flight engineer, first class airccraft mechanic, second class air- craft mechanic and third class aircraft mechanic provided for in the preceding Article in accordance with the provisions of the Ordinance of the Ministry of Transportation. 2. The Minister of Transportation may put restrictions, by class or type of aircraft, on the competence certification provided for in the preceding paragraph, in accordance with the provisions of the Ordinance of the Ministry of Transportation. PAGENO="0886" 880 AIR LAWS AND TREATIES OF THE WORLD 3. According to the kind of services engaged in (such as for air- frame, engine, propeller, apparatus and electric system), the Minister of Transportation may put restrictions on the competence certifica- tion for qualification as aircraft shop mechanic provided for in the preceding Article, in accordance with the provisions of the Ordinance of the Ministry of Transportation. (Qualifications for Application) Article 26. No person shall be qualified to make an application for competence certification unless he is of such age and has the flight and other experience as stipulated by Ordinance of the Ministry of Transportation in regard to the class specified by Article 24 and by category of aircraft under the provisions of paragraph 1 of the preceding Article. 2. Any person who intends to make an application for the com- petence certification as first class flight radio operator, second class flight radio operator, or third class flight radio operator shall have been licenced as provided for in Article 41 of the Radio Law (Law No. 131 of 1950) for such class under Article 40 of the aforesaid Law as specified by Ordinance of the Ministry of Transportation, in addition to complying with the provisions of the preceding para- graph. (Causes for Non-eligibility, etc.) Article 27. No person shall be eligible for an application for com- petence certification, whose competence certification has been can- celled under the provisions of Article 30, paragraph 1, if two years have not elapsed since the date of cancellation. 2. Within a period of less than two years, the Minister of Transpor- tation may reject an application for competence certification by any person who has committed any dishonest act in the examination under Article 29, paragraph 1. (Scope of Duties) Article 28. No person who has not obtained the competence certifica- tion (or, for a person who performs air services on board an aircraft, a competence certification as well as an aircraft crew license as de- scribed in the "qualifications" column of the attached table) shall per- form any act described in the "Scope of Duties" column of said table. 2. No person who is restricted under the provisions of Article 25 with regard to the competence certificate may perform any act de- scribed in the "Scope of Duties" column of the attached table except as restricted by category, class or type of aircraft, or kind of services. 3. The provisions of the preceding two paragraphs shall not apply to any person who engages in piloting an aircraft (including operation of the craft and its engine) specified by Ordinance of the Ministry of Transportation, and to any person who engages in the operation, on board, of aircraft~ of new category, class or type for test flight, etc. upon permission by the Minister of Transportation. (Conduct of Examination) Article 29. The Minister of Transportation, when he grants a compe- tence certification, shall hold examinations to judge whether any appli- cant has knowledge and skill necessary for performing his air services as an airman with competence certification for the class as applied for. 2. Any examination shall be theoretical and practical. PAGENO="0887" AIR LAWS AND TREATIES OF THE WORLD 881 3. No person may take a practical examination unless he has passed a theoretical examination. 4. The Minister of Transportation, when he grants a competence cer- tification to any person who has a qualification certificate for air services issued by a foreign Government, may omit the whole or a part of the examination as stipulated by Ordinance of the Ministry of Transportation, notwithstanding the provision of the preceding three paragraphs. (Alteration of Restriction of Competence Certification) Article 29-(2). With regard to the competence certificate in ref- erence to the restriction under Article 25, paragraph 2 or 3, the Minister of Transportation may change said restriction upon receipt of the application by any airman in reference to the competence certification. * 2. The provisions of the preceding Article shall apply accordingly to cases where the restriction under the preceding paragraph is changed. (Cancellation, etc. of Competence Certification) Article 30. In cases where an airman comes under any one of the following items, the Minister of Transportation may cancel the compe- tence certification or order the suspension of his air service for a period of less than one year: (1) When he has violated this Law or any provision thereof; (2) When he has committed an unlawful act or been grossly negligent in performing his duties as airman. 2. When he intends to make a disposition under the preceding para- graph, the Minister of Transportation shall hold a hearing after no- tifying any person affected by such a disposition of the date and place thereof. At the hearing, any person affected by such a disposi- tion shall be given a chance to express his opinion and to submit evidence. (Aircraft Crew Licencing) Article 31. The aircraft crew licence under Article 22, para- graph 2, shall be granted by class as specified in Article 24 (except those for first class aircraft mechanics, second class aircraft mechan- ics, third class aircraft mechanics and aircraft shop mechanics). 2. The aircraft crew licence shall be granted by issuing an airman licence to the applicant. Article 32. In cases where an application for aircraft crew licence has been submitted, the Minister of Transportation shall examine whether the applicant satisfies the standards of physical examination stipulated, by classifications under paragraph 1 of the preceding Article, by Ordinance of the Ministry of Transportation, and shall grant an aircraft crew licence to the person who satisfies them. Article 33. The aircraft crew licence shall be valid for 6 months for the class of airline transport pilot and senior commercial pilot and for one year for other classes. (Instrument Flight Certification and Training for Pilot's Certi- fication) * Article 34. No person who has obtained a certification of competence as commercial pilot or private pilot shall make an instrument flight by aircraft other than specified by Ordinance of the Ministry of Trans- portation, unless he has obtained a certification of instrument flight by the Minister of Transportation. PAGENO="0888" 882 AIR LAWS AND TREATIES OF THE WORLD 2. Unless he has obtained certification by the Minister of Trans- portation in reference to the competence as flight instructor classified by aircraft, no person shall give instruction to others in aircraft pilot- ing as specified by Ordinance of the Ministry of Transportation who has not obtained a certification of competence as airline transport pilot, senior commercial pilot, commercial pilot or private pilot with regard to the classification of aircraft. 3. The provisions of Article 26, paragraph 1, Articles 27, 29, and 30, shall apply accordingly to instrument flight certification and flight instructor's certification under the preceding two paragraphs. (Student Pilot) Article 35. Notwithstanding the provision of Article 28, any per- son who has obtained a permission of the Minister of Transportation may engage in piloting an aircraft as student pilot without obtaining a competence certification and aircraft crew licence. 2. In cases where there has been an application for permission under the preceding paragraph, the Minister of Transportation shall grant a permission when he deems the applicant to have the necessary qualifications for student pilot. 3. The permission under paragraph 1 shall be granted by issuing a permit as student pilot to the applicant. 4. The provisions of Article 30 and Article 67, paragraph 1, shall apply accordingly to any person who has obtained a permission under paragraph 1. (Delegation to Order) Article 36. Matters relating to the form, issuance, reissuance and return of certificate of competence, airman licence and permit for flight instruction and other matters concerning the competence certi- fication, aircraft crew licence, instrument flight certification, training for pilot's certification, and permission under the preceding Article, and subj ect~s of examination, procedures for' undergoing examination and other matters concerning examinations under Article 29, para- graph 1, shall be stipulated by Ordinance of the Ministry of Transportation. CHAPTER V-AIRWAYS, AIRDROMES AND AIR NAVIGATIONAL AIDS (Designation of Airway) Article 37. The Minister of Transportation shall designate as air- ways paths through the air space suitable for the navigation of aircraft. 2. The designation of airways under the preceding paragraph shall be made by notifying the location and extent of the air space. (Establishment of Airdromes or Air NavigationalAid) Article 38. Any person other than the Minister of Transportation, when lie intends to operate an airdrome or an air navigational aid specified by Cabinet Order, shall obtain permission from the Minister of Transportation. 2. Any person who intends to apply for permission under the pre- ceding paragraph shall submit a written application describing, with regard to the facility, a plan for operation including the location, structure, etc., plan for administration, scheduled date of completion and other matters specified by Ordinance of the Ministry of Transpor- tation. PAGENO="0889" AIR LAWS AND TREATIES OF THE WORLD 883 3. In cases where there has been an application for permission for the establishment of an airdrome, the Minister of Transportation shall notify the location and size of the airdrome, landing strip, approach area, approach surface, horizontal surface, transitional surface, sched- uled commencement date of use and other matters specified by Ordi- nance of the Ministry of Transportation and post a notice thereof at the site. 4. Terms and conditions may be attached to permission under para- graph 1 and they shall be subject to change. (Examination of Application) Article 39. In cases where there has been an application under the preceding Article, the Minister of Transportation shall examine whether the application complies with each of the following items: (1) The plan for establishment of the airdrome or air navi- gational aid including the location, structure, etc. shall comply with the standards stipulated by Ordinance of the Ministry of Transportation; (2) The establishment of the airdrome or air navigational aid shall not seriously damage the interest of other persons; (3) The plan for administration of the airdrome or air navi- gational aid shall comply with the technical standards provided for in Article 47', paragraph 1; (4) The applicant shall be capable of establishing and ad ministering the airdrome or air navigational aid; (5) The applicant shall have ownership and other right of use in any airdrome as to its land or he may obtain them definitely. 2. The Minister of Transportation, when he makes an examination under the preceding paragraph with regard to a permission for the establishment of an airdrome, shall hold a public hearing and give any person who is interested in the establishment of the airdrome a chance to express his opinion on the establishment.of the airdrome. (Notification, etc, of Airdrome for Public Use) Article 40. The Minister of Transportation, when he has given permission for the establishment of an airdrome for public use, shall notify the location and size of the airdrome, landing strip, approach area, approach surface., transitional surface, horizontal surface and scheduled commencement date of use, and post a notice thereof at the site. (Completion of Airdrome Construction Work) Article 41. Any person who has obtained a permission to establish an airdrome in accordance with the provision of Article 38, paragraph 1 (hereinafter referred to as "operator of an airdrome") shall com- plete the work by the scheduled date of completion described in the application for permission. However, when he has obtained a per- mission of the Minister of Transportation in cases where the work can not be `completed by the scheduled date of completion owing to force majeure or for other unavoidable reasons, he shall complete the work by the da.te designated by the Minister of Transportation, if possible. (Completion Inspection) Article 42. The operator of any airdrome or any person who has obtained a permission to provide any air navigational aid in accord- ance with the provisions of Article 38, paragraph 1 (hereinafter re- ferred to as "operator of air navigational aid") shall, when the work PAGENO="0890" 884 AIR LAWS AND TREATIES OF THE WORLD on the facility as permitted has been completed, submit, without delay, to an inspection by the Minister of Transportation. 2. The Minister of Transportation shall approve the facility when, upon inspection, he deems it conforming to the plan for such establish- ment as described in the application. 3. The operator of any airdrome or the operator of any air naviga- tional aid shall, in cases where it has been approved after an inspec- tion under paragraph 1, fix without delay the commencement date of use and report it to the Minister of Transportation. 4. The operator of any airdrome or the operator of any air naviga- tional aid shall not put the facility to use unless and until the com- mencement date of use reported in accordance with the provisions of the preceding paragraph. (Alteration of Airdrome or Air Navigational Aid) Article 43. The operator of any airdrome or the operator of any air navigational aid shall obtain a permission of the Minister of Transportation when he intends to make alterations to the facility, which are especially important for securing air safety as stipulated by Ordinance of the Ministry of Transportation. 2. The provisions of Article 38, paragraphs 2 to 4 inclusive, Article 39, and the preceding Article shall apply accordingly to the preceding paragraph. However, the provisions of Article 38 paragraph 3, Article 39 paragraph 2 and Article 40, shall apply accordingly only when any alteration in the size, approach area or transitional area of an airdrome is made. (Suspension or Discontinuance of Use) Article 44. The operator of any airdrome, when he intends to suspend or discontinue the use of the airdrome, shall obtain a permis- sion of the Minister of Transportation. 2. The Minister of Transportation, in cases where there has been an application for permission under the preceding paragraph, shall permit the suspension or discontinuance of an airdrome, unless he deems it clearly against the public interest. 3. There may be added a term to the permission for discontinuance of use under paragraph 1. 4. The operator of any airdrome, the suspension of use of which has been permitted in accordance with the provision of paragraph 1, shall submit to an inspection by the Minister of Transportation when he intends to recommence the use of the airdrome. 5. The provisions of Artkle 42 paragraphs 2 to 4 inclusive shall apply accordingly to the case of re-commencement of use under the preceding paragraph. Article 45. The operator of any air navigational aid, when he in- tends to suspend or discontinue the use of the air navigational aid, shall report to the Minister of Transportation not later than, at the latest, seven days prior thereto. 2. The provisions of paragraphs 4 and 5 of the preceding Article shall apply accordingly to the case of re-commencement of the sus- penc~ed use of the air navigational aid. (Notification of Airdrome or Air Navigational Aid) Article 46. When the operator of an airdrome or of an air navi- gational aid has made a report under Article 42, paragraph 3, the Minister of Transportation shall notify the name, location of the PAGENO="0891" AIR LAWS AND TREATIES OF THE WORLD 885 facility, outline of installations and other items as specified by Ordi- nance of the Ministry of Transportation. The same shall apply in cases where there has been any change in notified items, or where the use of the facility has been suspended, recommenced or dis- continued. (Administration of Airdrome or Air Navigational Aid) Article 47. The operator of any airdrome or the operator of any air navigational aid shall administer the facility in accordance with technical standards as stipulated by Ordinance of the Ministry of Transportation. 2. The Minister of Transportation shall conduct periodical inspec- tions of the facility in accordance with the provision of the Cabinet Order in order to ensure that the airdrome or air navigational aid under the preceding paragraph be administered in accordance with the standards of the same paragraph. (Cancellation of Permission, etc.) Article 48. The Minister of Transportation may cancel the permis- sion for operation of an airdrome or air navigational aid or order the suspension of use for whole or part of an airdrome within a certain period in the following cases. However, with regard to the case of items (2) to (5) inclusive, the Minister of Transportation may cancel the permission for operation only when lie has ordered the operator of an airdrome or the operator of an air navigational aid to take necessary measures within a reasonable period to make the facility comply with the plan described in the application or the standards under Article 39, paragraph 1, item 1, or to administer said facility in accordance with the technical standards under para- graph 1 of the preceding Article and the operator of the air naviga- tional aid has not obeyed such order within the period: (1) when the work is not completed by the scheduled date of completion described in the application under Article 38, para- graph 2 (the designated date when permitted in accordance with the provisions of the proviso of Article 41) without reasonable causes; (2) when said facility is deemed, after an inspection under Article 42, paragraph 1 (including its application under Article 43, paragraph 2), inconsistent with the plan for operation or alternation described in the. application: (3) when, after an inspection under Article 42, paragraph 1, which applies in Article 44, paragraph 5, or Article 45, para- graph 2, said facility is deemed inconsistent with the plan de- scribed in the application; (4) when the administration of the airdrome or air naviga- tional aid is deemed inconsistent with the technical standards under paragraph 1 of the preceding Article; (5) when the location, structure, etc. of an airdrome fails to comply with the standards under Article 39, paragraph 1, item 1; (6) when the operator has violated the conditions attached to the permission. (Restriction, etc. of Object) Article 49. No person shall install, plant or leave any structure, plant or other object which is projecting above the approach or tran- sitional surface as shown by the notification, after notification under PAGENO="0892" 886 AIR LAWS AND TREATIES OF THE WORLD Article 40 (including where Article 43, paragraph 2 applies) of any airdrome for public use has been made. However, the same shall not apply in cases where such object is removed by the scheduled commencement date of use. 2. The operator of an airdrome may request the owner of, and other persons having authority over, any object installed, planted or left in violation of preceding paragraph (including plants which have grown up to project above the approach or transitional surface), to remove the object. 3. The operator of an airdrome may request the owner of, and persons having authority over, the object existent at the time of the notification under paragraph 1, which projects above the approach or transitional surface (including plants existent at the time of notifi- cation which have grown up to project above the approach or tran- sitional surface) to eliminate such portion of the object as projects above the approach or transitional surface, but he shall pay compen- sation for damages as may normally be caused thereby, in accordance with the provisions of a Cabinet Order. 4. The owner of any object or any land on which such object men- tioned in the preceding paragraph exists may request the operator of an airdrome to purchase the object or land, when, by the removal of the object mentioned in the same paragraph, it has become ex- tremely difficult to make use of the object or land for the purpose for which it has hitherto been utilized. 5. The amount of damages to be compensated for under paragraph 3, and conditions for the purchase and price, etc. under the preceding paragraph, shall be decided after consultation between the persons concerned. The Minister of Transportation shall decide in cases where consultation has not led or cannot lead to an agreement. 6. Any person who is dissatisfied with the amount of damages and the purchase price decided upon under the preceding paragraph may bring a suit for an increase or decrease of the amout within 30 days from the day when he has received a notification of the decision. 7. The operator of the airdrome or the owner of any object or land or any other person in authority shall be a defendant in a suit under the preceding paragraph. Article 50. The operator of an airdrome for public use in accord- ance with the provision of a Cabinet Order, shall compensate the owner of any land and other person having authority over it, for damages as may normally be caused by the limitation of utilization under the provision of item (1) of the preceding paragraph with regard to the land (only in cases where the distance from the approach or transi- tional surface is less than 10 meters) corresponding to the projection surface of the approach or transitional surface as a result of the oper- ation of said airdrome or the alteration of any facilities under Article 43, paragraph 1. 2. By the limitation of the utilization under the provision of para- graph 1 of the preceding Article, when it has become extremely diffi- cult to make use of the land for the purpose for which it has hitherto been utilized, the owner of the land under the preceding paragraph may request the operator of an airdrome to purchase the land in accordant~e with the provision of a Cabinet Order, except `in any case under paragraph 4 of the same Article. PAGENO="0893" AIR LAWS AND TREATIES OF THE WORLD 887 3. The provisions of paragraphs 5 to 7 inclusive, of the preceding Article shall apply to any case under the preceding two items. (Installation of Aeronautical Obstruction Light) Article 51. The operator of an airdrome shall install aeronautical obstruction lights on any structure projecting above the horizontal surface in accordance with the provisions of Ordinance of the Min- istry of Transportation. However, the same shall not apply in cases permitted by the Minister of Transportation. 2. In accordance with the provisions of a Cabinet Order, the Miii- ister of Transportation shall install aeronautical obstruction lights on structures other than those specified in the preceding paragraph, which clearly impede the safety of navigation of aircraft. 3. The owner of, or person occupying any structures under the pre- ceding two paragraphs may not reject the installation of aeronauti- cal obstruction lights by the operator of an airdrome or the Ministry of Transportation. 4. Any person who installs aeronautical obstruction lights under the provision of paragraph 1 or 2, shall maintain them in such manner as may be stipulated by Ordinance of the Ministry of Trans- portation. (Restriction of Similar Light.) Article 52. No person shall instaff any lights that may impede the clear view of any aeronautical light or that ma.y be mistaken for any aeronautical light (hereinafter referred to as "similar light"). 2. The Minister of Transportation may order the operator of any similar light to shelter such light within a specified period or to take other measures in order to permit a clear view of any aeronautical ob- struction light, and to prevent that they be mistaken for any aero- nautical obstruction light. 3. When, in the case of the preceding paragraph, any similar light exists at the time of installation of any aeronautical light, the cost incurred by the measures under the same paragraph shall be borne by the operator of the aeronautical light. (Prohibition of Staining, etc.) Article 53. No person shall stain or damage an air navigational aid or commit any other act that may spoil its function. (Fees for Use) Article 54. The operator of any airdrome or the operator of any air navigational aid, when he intends to fix the fee of use with regard to any airdrome or any air navigational aid for public use, shall obtain approval of the Minister of Transportation. The same shall apply in cases where the said operator intends to alter the fee. (Succession to Status of Operator of an Airdrome, etc.) Article 55. Any person who intends to take over the operation of an airdrome or of a.n air navigational aid under this Law shall not do so except in the case of paragraph 3, unless such person has obtained a permission of the Minister of Transportation. 2. The provisions of Article 39, paragraph 1, item (4), shall apply to granting permission under the preceding paragraph. 3. In cases where the `operator of an airdrome or the operator of an air navigational aid has died, the heir (or the one who has been desig- nated after consultation to succeed to the status, when there are two or more heirs) shall succeed the status of the deceased under the provi- sions of this Law. PAGENO="0894" 838 AIR LAWS AND TREATIES OF THE WORLD 4. The heir under the preceding paragraph, when he has succeeded to the status of the deceased under the provisions of this Law, shall report to that effect without delay to the Minister of Transportation. (Operation or Administration of Airdromes, etc., by the Minister of Transportation.) Article 56. The Minister of Transportation, when he operates any airdrome or navigational aid or makes any alteration to the facilities thereof, shall comply with the standards under Article 39 paragraph 1 items (1), (2) and (5). 2. The provisions of Article 38, paragraph 3, Article 39, paragraph 2, Article 40, Article 46, Article 49, Article 50 and Article 51, paragraph 1, shall apply in cases where the Minister of Transportation operates any airdrome or air navigational aid or makes any althration to the facilities thereof. However, the provisions of Article 39, paragraph 2 shall not apply in case where the site of the airdrome has previously been lawfully used for landing or takeoff of any aircraft and there has not been any structure, plant or other materials with a height above the approach surface or transitional surface of said airdrome. 3. The provisions of Article 47, paragraph 1, and Article 51, para- graph 4 (only in so far as they relate to aeronautical obstruction lights under paragraph 1 of the same Article) shall apply in cases where the Minister of Transportation administers airdromes or air navigational aids. (Designation, etc., of Facilities for Public Use) Article 56-2. When he deems it necessary to promote the public interest, the Minister of Transportation may designate a landing strip and other facilities as facilities for public use with regard to an air- drome operated by the Defense Forces. 2. The designation under the preceding paragraph shall be made by the notification of name and location of the installation, outline of facilities and other matters specified by Ordinance of the Ministry of Transportation. 3. When any change has been made in the notification under the preceding paragraph with regard to the facilities in reference to the designation under paragraph 1, the Minister of Transportation shall, without delay, give notice of the matters in reference to the said change. 4. When he has cancelled the designation under paragraph 1, the Minister of Transportation shall give notice to that effect without delay. 5. When he intends to make a designation under paragraph 1, or to cancel the designation under the preceding p~ragraph, the Minister of Transportation shall negotiate with the Director of the Defense Department. 6. When the designation under paragraph 1 has been made, the Di- rector of the Defense Department shall provide the facilities for public use. However, the same shall not apply in~ ca.ses where there are unavoidable causes. 7. The Director of the Defense Department shall not discriminate against any specified users with regard to the conditions of the use of facilities in reference to the designation under paragraph 1. PAGENO="0895" AIR LAWS AND TREATIES OF THE WORLD 889 CHAPTER VT-OPERATION OF AIRCRAFT (Display of Nationality Mark, etc.) Article 57. No aircraft shall be used for air navigation unless the nationality mark, registration mark and the owner's name or title are displayed on the aircraft in accordance with the provisions of an Or- dinance of the Ministry of Transportation. However, the same shall not apply where permitted by the proviso of Article 11. (Aircraft Logbook) Article 58. All aircraft shall carry a flight logbook of such form as may be specified by Ministry of Transportation Ordinance. 2. Any user of an aircraft, who has used the aircraft for air naviga- lion, or repaired or remodeled it, shall enter without delay in the air- craft logbook such items as may be specified by Ordinance of the Min- istry of Transportation. 3. The provisions of the preceding two paragraphs shall not apply where permitted by the proviso of Article 11. (Documents to be carried in Aircraft) Article 59. No aircraft (excepting aircraft specified by Ordinance of the Ministry of Transportation) shall be used for air navigation unless it carries the following documents. However, the same shall not apply in cases where permitted by the Minister of Transportation in accordance with the proviso of Article 11. They are: (1) A registration certificate; (2) An airworthiness certificate; (3) A flight logbook. (Compulsory Radio Equipment) Article 60. No aircraft shall be used for air navigation in the follow- ing cases unless equipped with radio equipment as specified by Ordi- nance of the Ministry of Transportation: (1) When it is used for air transportation (except when speci- fied by Ordinance of the Ministry of Transportation); (2) When it is making a flight under instrument flight rule conditions in an air traffic control area or zone; (3) When it is making a flight over areas made publicly known by the Minister of Transportation, in which search or rescue is difficult. (Safety Equipment) Article 61. No aircraft specified by Ordinance of the Ministry of Transpg~rtation shall be used for air navigation unless equipped with parachutes, life jackets, emergency signal lights and other emergency equipment specified by Ordinance of the Ministry of Transportation. (Equipment in Case of Special Flights) Article 62. No aircraft which is not eqiiinned with a de-icing equipmentS, outside thermometer, oxygen apparatus, navigation instru- ments and other specia.l equipment for the safety of air navigation specified by Ordinance of the Ministry of Transportation may Liake a high altitude flight or a flight in the clouds or other special flights specified by Ordinance of the Ministry of Transportation. (Fuel of Aircraft) Article 63. When it is used for air transportation, no aircraft shall take off or fly under instrument flight rules conditions, or expect to PAGENO="0896" 890 AIR LAWS AND TREATIES OF THE WORLD make a flight under instrument flight rules conditions on the way, unless it carries such amount of fuel as may be specified by Ordinance of the Ministry of Transportation. (Aircraft Lights) Article 64. When navigating or parking by night (between sunset and sunrise) or stopping at any airdrome used for night flight opera- tions, all aircraft shall be marked with lights in accordance with the provisions of Ordinance of the Ministry of Transportation. (Persons by whom Aircraft to be manned) Article 65. All aircraft shall be manned by an airman who can pilot it in accordance with the provisions of Article 28. 2. Any aircraft which is described in the "Aircraft" column of the following table shall be manned by an airman, in addition to the air- man under the preceding paragraph, who can perform acts described in the "Duties" column of the said table in accordance with the pro- visions of Article 28. Aircraft Any aircraft which comes under any one of the following items: (1) An aircraft for which, in light of its construction, two per- sons are required for handling the retractable landing gear, flaps and other parts; (2) An aircraft used for air transportation of passengers, which makes a flight under instru- ment flight rule conditions. (3) An aircraft used for air transportation of passengers, which makes flights of more than five hours. Any aircraft which comes under any one of the following: (1) An aircraft equipped with four or more engines and having a maximum take-off weight of 35,- 000 kilograms; (2) An aircraft, for handling the aircraft engine or airframe of which, in light of its construction, only a pilot (any person who en- gages in piloting an aircraft is not sufficient. Duties Piloting of aircraft. Handling of aircraft engine and airframe performed on board (ex- cepting controlling of piloting system). Article 66. Any aircraft described in the "Aircraft" column of the following table shall be manned by airmen, in addition to the pilot under the preceding Article, who may perform acts described in the "Duties" column of the said table in accordance with the provisions of Article 28. PAGENO="0897" AIR LAWS AND TREATIES OF THE WORLD 891 Aircraft Duties An aircraft which is to be Handling of the radio appa- equipped with radio apparatus ratus mentioned in the left-side (excepting those specified by Ordi- column. nance of the Ministry of Trans- portation) in accordance with the provision of Article 60. An aircraft which makes a non- Determination of the position stop flight over a distance of more and course of aircraft and calcu- than 550 kilometers. lation of air-navigational data. 2. Notwithstanding the provisions of the preceding paragraph, where the performance of his own duties ~is not hindered by any per- son performing the respective duties of any other airman as stated in. the "Duties" column of the table of the said paragraph, . there need not be an airman prescribed by the said paragraph. (Documents to be carried by Airman) Article 67. Any airman, when he performs his air service, shall carry a certificate of competence. 2. Any aircraft crew member (any airman who engages, on board, in the operation of aircraft) shall, when he performs his air service, carry an airman's licence in addition to a certificate of competence. (Standards of Crew Assignment) Article 68. No person who engages in air transportation shall have the aircraft crew member of any aircraft which he uses, engage in the operation of aircraft, except as conforming with the assignment of such crew member to be prepared in accordance with the standards specified by Ordinance of the Ministry of Transportation. (Recent Flight Experience) Article 69. No aircraft crew member shall engage in the operation of an aircraft which is used for air transportation, or make an instru- ment or night flight, or conduct training for piloting under Article 34, paragraph 2, unless he has specified flight experience within a speci- fied period as stipulated by Ordinance of the Ministry of. Trans- portation. (Intoxicating Liquor, etc.) Article 70. No aircraft crew member shall perform his air service while there is danger of their being unable to perform a normal oper- ation of the aircraft under the influence of an intoxicant or narcotic and other chemicals. (Physical Deficiencies) Article 71. No aircraft crew member who does not satisfy the stand- ards for .physical examination under Article 32 shall perform air service, even if within the duration of the aircraft licence under Article 33. (Route Qualification of Pilot-in-Command) Article 72. A pilot-in-command of an aircraft used for scheduled air transportation shall have piloting experience of aircraft over the pertinent route and knowledge of the pertinent route as stipulated by routes by Ordinance of the Ministry of Transportation. (Power of Pilot-in-Command) 67717 O-61--57 PAGENO="0898" 892 AIR LAWS AND TREATIES OF THE WORLD Article 73. The pilot-in-command shall direct and supervise all per- sons who perform duties on board the aircraft. (Measures in Case of Danger) Article 74. When there has occurred any danger, or when he deems there may be any danger to the aircraft or to passengers, the pilot-in-command may order the passengers in the aircraft to take measures to leave the aircraft or take other measures necessary for safety. Article 75. In cases where there is any urgent danger to the aircraft while it is navigating, the pilot-in-command shall use, every means necessa.ry for rescuing the passengers and preventing injury to persons or property on the land or water, a.nd shall not leave the aircraft which he directs unless he has made the passengers and other persons on board the aircraft. leave it. (Obligation to Report) Article 76. When there has occurred any of the following accidents, the pilot-in-conunand shall report to that effect to the Minister of Transportation in accordance with the provisions of Ordinance of the Ministry of Transportation. However, when the pilot-in-command is unable to report, the oper- ator of the aircraft shall report: (1) A crash or collision of, or fire in an aircraft, or other aircraft accident; (2) An injury or death to any person, or damage to, or de- struct.ion of, any object caused by the aircraft; (3) A death or loss of any person on board the aircraft. 2. When he has learned that any accident mentioned in item (1) of the preceding paragraph has occurred to any other a.ircraft, the pilot- in-command shall report to that effect to the Minister of Transporta.- tion in accordance with the provisions of Ordinance of the Ministry of Transportation except when he has learned it by wireless telegram or telephone. (Aircra.ft Dispatcher) Article 77. Unless the pilot-in-command of the aircraft has obtained clearance from an aircraft dispatcher provided by the scheduled air transport operator under Article 102, paragraph 1, no aircraft used for scheduled air transportation shall take off or alter the flight plan. Article 78. Any aircraft dispatcher under the preceding Article shall pass a competence test as aircraft dispatcher by the Minister of Transportation. 2. A competence test as aircraft dispatcher will be made for the purpose of judging whether an applicant has such knowledge and such competence with regard to aircraft, air navigational aid, radio com- munications and meteorology as is necessary for performing his duties under the preceding paragraph. 3. No person shall be permitted to take a competence test as air- craft dispatcher unless he is of such age and has such experience with regard to the operation of aircraft as may be stipulated by Ordinance of the Ministry of Transportation. 4. The provisions of Articles 27, 29, and 30, shall apply to a compe- tence test as aircraft dispatcher. PAGENO="0899" AIR LAWS AND TREATIES OF THE WORLD 893 5. The procedures of application for competence test as aircraft dispatcher and other matters shall be stipulated by Ordinance of the Ministry of Transportation. (Place for Landing and Takeoff) Article 79. No aircraft (excepting aircraft specified by Ordinance of the Ministry of Transportation shall take off or land, on land at places other than airdromes, or on water at places specified by Ordi- nance of the Ministry of Transportation. However, the same shall not apply in cases where there. are any unavoidable reasons or where permitted by the Minister of Transportation. (Prohibited Area) Article 80. No aircraft shall make a flight over an area in which there may be danger to the flight of aircraft, which may be desig- nated by Ordinance of the Ministry of Transportation. However, the same shall not apply in cases where permitted by the Minister of Transportation. (Minimum Safe Altitude) Article 81. Ex~ept when it takes off or lands, taking into consider- ation the safety of persons or property on land or water and the safety of aircraft, no aircraft shall make a flight at an altitude less than that stipulated by Ordinance of the Ministry of Transportation. However, the same shall not apply in cases where permitted by the Minister of Transportation. (Cruising Altitude) Article 82. When it is flying at an altitude of 900 meters or more above the land or water under visual flight rule conditions, or at an altitude of 300 meters or more under instrument flight rule conditions, any aircraft shall cruise at an altitude as specified by Ordinance of the Ministry of Transportation. (Prevention of Collisions) Article 83. Aircraft shall navigate in accordance with the methods stipulated by Ordinance of the Ministry of Transportation with re- gard to the course and speed for the purpose of preventing collisions with other aircraft or ships. (Formation Flight) Article 84. No aircraft used for air transportation shall make a formation flight unless permitted by the Minister of Transportation. 2. `When making a formation flight, the pilot-in-command of aircraft shall make arrangements, prior to such a flight, as to the method of formation, the method of signs between aircraft and such other matters specified by Ordinance of the Ministry of Transportation. (Prohibition of Reckless Operation) Article 85. No aircraft shall make a flight, "buzz" or dive at low altitude without any operational necessity, or shall be piloted in a manner annoying to other persons. (Prohibition of Carriage of Explosives, etc.) Article 86. Explosives or other articles of easily combustible nature or articles which are liable to injure persons or damage property as specified by Ordinance of the Ministry of Transportation shall not be carried by aircraft. 2. No person shall put into aircraft any articles described in the preceding paragraph. PAGENO="0900" 894 AIR LAWS AND TREATIES OF THE WORLD (Pilotless Aircraft) Article 87. Notwithstanding the provisions of Article 65 and 66, any aircraft having an apparatus which enables it to fly without being manned by a pilot may, when permitted by the Minister of Transpor- tation, make a flight without being manned by an air crew provided for by these provisions. 2. In granting a permission under the preceding paragraph, the Minister of Transportation may put restrictions to the methods of flight with regard to the aircraft when he deems it necessary for pie- venting any danger occurring to other aircraft. (Towing of Object.) Article 88. Towing of objects by aircraft shall be conducted in ac- cordance with safety standards as stipulated by Ordinance of the Min- istry of Transportation. (Jettisoning of Object) Article 89. No person shall jettison any object from an aircraft. However, the same shall not apply in cases where there is no danger of causing injury or damage to persons or property on land or water and where he has reported it to the Minister of Transportation. (Parachute Jumping) Article 90. No persons other than those who have obtained a permis- sion of the Minister of Transportation shall make a parachute descent from an aircraft. (Acrobatic Flight) Article 91. No aircraft~ shall perform loops, rolls and other acro- batic flights except in an air area other than the following air areas and at an altitude higher than that stipulated by Ordinance of the Ministry of Transportation, and with a visibility of more than 5 kilometers. However, the same shall not apply in cases where per- mitted by the Minister of Transportation* (1) WTithin a congested area of persons or houses; (2) Within an airway; (3) ~Tithin an air traffic control zone. (Performance of Training for Student Pilot) Article 92. Any person who has obtained a permission under Article 35, paragraph 1 shall, when he intends to get flight training, conduct it under the supervision of a person certified as instructor under Article 34, paragraph 2. The same shall a.pply in cases where any person who has a compe- tence certification as airline transport pilot, senior commercial pilot, commercial pilot or private pilot, trains for piloting of any kind of aircraft. other than that defined with regard to the competence certi- fication. (Places of Training, etc. for Aircraft. Piloting) Article 93. No training for aircraft piloting under the preceding Article and no flight for the purpose of testing aircraft shall be con- ducted in an air traffic control area or air traffic control zone. How- ever, the same shall not apply in cases where permitted by the Minis- ter of Transportation. (Flight under Visual Flight Rule Conditions) Article 94. No aircraft shall make an instrument flight under vis- ual flight rule conditions. (Flight under Instrument Flight Rules Conditions) PAGENO="0901" AIR LAWS AND TREATIES OF THE WORLD 895 Article 95. No aircraft shall make a flight under instrument flight rule conditions unless piloted by a person who has obtained a cer- tification of competence as airline transport pilot or senior com- mercial pilot, or a person who has obta.ined a certification of compe- tence as commercial pilot or pri~~ate pilot and has obtained a certifi- cation of instrument flight. However, the same shall not apply in cases where permitted by the Minister of Transportation. (Air Traffic Instructions) Article 96. Any aircraft shall navigate in an air traffic control area or air traffic control zone in accordance with instructions which are given by the Minister of Transportation with regard to the order, time or method of takeoff or landing, or method of flight in consid- eration of the safety of air traffic. (Flight Plan and Approval therefor) Article 97. Any aircraft shall, prior to takeoff from an airdrome within an air traffic control zone or prior to entering an air traffic control area or air traffic control zone under instrument flight rule conditions, obtain the approval of a flight plan by the Minister of Transportation, in accordance with the provisions of an Ordinance of the Ministry of Transportation. The same shall apply in cases where there is an intention to alter the approved flight plan. 2. Any aircraft which makes a flight under instrument flight con- ditions (excepting the case under the preceding paragraph) or makes a flight under visual flight conditions (excepting the case stipulated in an Ordinance of the Ministry of Transportation), shall file the flight plan with the Minister of Transportation as may be stipulated by Ordinance of the Ministry of Transportation. 3. Any aircraft which has obtained an approval of the flight plan or has notified the flight plan in accordance with the provisions under paragrapl~ 1 of the preceding paragraph, shall be navigated in ac- cordance with the flight plan besides the instruct.ions of the Ministry of Transportation. However, the same shall not apply in cases where it navigates in accordance with the methods stipulated by the Ordi- nance of the Ministry of Transportation when the radio equipment is out of order. 4. Any aircraft which has obtained an approval of the flight plan or has notified the flight plan in accordance with the provisions under paragraph 1 or paragraph 2, shall, while it is navigating in an air traffic control area or air traffic control zone, receive instructions on air traffic which are issued by the Minister of Transportation and re- port to him the location of the aircraft, flight conditions and other matters as may be specified by Ordinance of the Ministry of Trans- portation in accordance with the methods as may be stipulated by Ordinances of the Ministry of Transportation. (Notification of Arrival) Article 98. The pilot-in-command of an aircraft, who has obtained an approval of his flight plan in accordance with the preceding Article or who has notified the flight plan, shall, when the aircraft has com- pleted the flight described in the flight plan, report without delay to the Ministry of Transportation to that effect. (Prohibition of Entry in Landing Strip) Article 99. No person shall, without good reason, enter a landing strip. PAGENO="0902" 896 AIR LAWS AND TREATIES OF THE WORLD CHAPTER Vu-AIR TRANSPORTATION, ETC. (Licence) Article 100. Any person who intends to engage in scheduled air transportation shall obtain for each route a license from the Minister of Transportation. 2. Any person who intends to obtain a license under the preceding paragraph shall submit an application to the Minister of Transporta- tion, describing a business program (a program for the operation of aircraft and the maintenance necessary therefor), estimate of income and expenses of business, scheduled commencement date for operation and other matters as may be stipulated by `Ordinance of the Ministry of Transportation. 3. The Minister of Transportation may request the applicant to submit a copy of the commercial register and other necessary docu- ments in addition to those prescribed in the preceding paragraph. (Licencing Standards) Article 101. In cases where there has been an application under the preceding Article, the Minister of Transporta.tioin shall examine whether it conforms to each of the following: (1) The opening of the business shall meet the needs of the public; (2) The opening of the business shall not make the supply ex- cessive over the demand of air transportation on the route; (3) The business shall be suitable from the view point of air safety; (4) The applicant shall be able to perform the business properly; (5) The applicant~ shall not come under any of the following: 1) Any person who comes under any item of Article 4, paragraph 1; 2) Any person whose license for scheduled air transpor- tation, non-scheduled air transportation or aircraft-using enterprise was cancelled, and less than two years have passed since the date of such cancellation; 3) Any person who has been sentenced to a penalty heavier than imprisonment for violation of any provision of this Law, and less than two years have passed after he com- pleted the sentence or it has been cancelled. 4) Any juridical person whose officer or officers come under any of the provisions of 2) or 3). 2. When he deems the application conforming to the standards mentioned in the preceding paragraph and after an examination un- der the provision of the same paragraph, the Minister of Transporta- tion shall issue a licence for scheduled air transportation. (Inspection prior to Operation) Article 102. No person who has obtained a license under Article 100, paragraph 1 (hereinafter referred to as "scheduled air transport enterprise") shall begin operation unless he has undergone and passed an inspection of aircraft and other facilities used for the licenced enterprise by the Minister of Tfransportation 2. The Minister of Transportation shall consider any `scheduled air transport enterprise to be eligible when he has found after an inspec- tion under the preceding paragraph that it is capable of conducting PAGENO="0903" AIR LAWS AND ~TREATIES OF THE WORLD 897 the services with the facilities in accordance with this Law and the business program. (Obligation to commence Operation) Article 103. Any scheduled air transport enterprise shall commence the operation on the day stated in the application for the license. However, it may commence the operation before the day in cases where the Minister of Transportation has been notified in advance. 2. The Minister of Transportation may postpone the day in accord- ance with an application, when the operation cannot be inaugurated on the day of the preceding paragraph owing to natural calamity or other unavoidable reasons. (Approval of Operation and Maintenance Manuals) Article 104. Any scheduled air transport enterprise shall issue an operation and maintenance manual with regard to the matters con- cerning the operation and maintenance of aircraft, stipulated by Or- dinance of the Ministry of Transportation and obtain an approval of the Minister of Transportation. The same shall apply to the case of any change therein. 2. The Minister of Transportation shall grant an approval under the preceding paragraph when he deems the operation and mainte- nance manual under the same paragraph conforming to the technical standards stipulated by Ordinance of the Ministry of Transportation. (Approval of Fares, Rates and Charges) Article 105. Any scheduled air transport enterprise shall fix fares, rates and charges for passengers and freights (except mails) and ob- tain an approval of the Minister of Transportation. The same shall apply to the case of any change thereof. 2. WThen he intends to grant an approval under the preceding para- graph, the Minister of Transportation shall conform to the following standards: (1) They shall not be in excess of reasonable expenses of the services under efficient management plus a reasonable profit; (2) The nature of the services provided by the enterprise shall be taken into consideration; (3) They shall not unfairly discriminate against any specific passenger or consignor; (4) They shall not make the utilization of the business by pas- sengers and consignors unduly difficult; (5) They shall not bring about unfair competition with other air transport enterprises. (Approval of Conditions of Transportation) Article 106. Any scheduled air transport enterprise shall fix condi- tions of transportation and obtain an approval of the Minister of Transportation. The same shall apply to the case of any change thereof. 2. When lie intends to grant an approval under the preceding para- graph, the Minister of Transportation shall conform to the following standards: (1) There shall be no danger of impeding the just interest of the public; (2) There shall be provided for at least receipts of fares and charges to passengers and freights, and matters concerning the enterprise's liability relating to the transportation. PAGENO="0904" 898 AIR LAWS AND TREATIES OF THE WORLD (Notice of Fares, Rates and Charges, etc.) Article 107. Any scheduled air transport enterprise shall post a notice of the fares, rates and charges and the conditions of transpor- tation visible to the public at the business premises and at other work- ing places. (Business Program) Article 108. In performing its business, any scheduled air trans- port enterprise shall comply with the business program except as due to natural calamity or other unavoidable causes. 2. When he deems any air transport enterprise in violation of the provisions of the preceding paragraph, the Minister of Transporta- tion may order such scheduled air transport enterprise to perform the services in accordance with the business program. Article 109. When he intends to alter the business program, any scheduled air transport enterprise shall obtain an approval of the Minister of Transportation. 2. The provisions of Article 101 (excepting those coming under paragraph 1, item (5), shall apply to an approval under the preceding paragraph. (Agreement concerning Trans~portation) Article 110. When it is intended to conclude an agreement concern- ing through-traffic, fares or other transportation with other transport enterprises, any scheduled air transport enterprise shall obtain an approval of the Minister of Transportation. The same shall apply in cases where it is intended to make any change. therein. 2. The Minister of Transportation shall grant an approval under the preceding paragraph when the agreement promotes the public convenience. (Exception from Application of the Law concerning the Prohi- bition of Private Monopoly and the Methods of Preserving Fair Trade) Article 111. The provisions of the Law concerning the. Prohibition of Private Monopoly and the Methods of Preserving Fair Trade (Law No. 54 of 1947) shall not apply to any lawful act effected upon approval under paragraph 1 of the preceding* Article. However, the same shall not apply in cases where unfair methods of competi- tion are used or an unreasonable rise of the fares or charges is caused by limiting competition in the specified field of trade. (Order for Improvement of Business) Article 112. When he deems that there is any fact by which the public welfare may be adversely affected with regard to the business of any scheduled air transport enterprise, the Minister of Transpor- tation may order the enterprise to do any act mentioned in the fol- lowing items: (1) To alter the business items; (2) To alter fares, charges or conditions of transportation; (3) To improve aircraft and other facilities; (4) To conclude an insurance contract to cover the compensa- tion for damages due to aircraft accidents. (Utilization of Title, Loan of Business, etc.) Article 113. No scheduled air transport enterprise shall allow an- other person to utilize his license for scheduled air transportation. PAGENO="0905" AIR LAWS AND TREATIES OF THE WORLD 899 2. No scheduled air transport enterprise shall allow another person to operate its business in its name whether by loan of the business or by other means. (Transfer and Taking Over of Business) Article 114. In cases where any scheduled air transport enterprise transfers the air transport enterprise, the transferee shall succeed the transferor's status under this Law when the transferor and the trans- feree have obtained an approval of the Minister of Transportation with regard to the transfer and taking over. 2. The provisions of Article 101 shall apply to an approval under the preceding paragraph. (Amalgamation of Business) Article 115. In the case of an amalgamation of juridical persons who are scheduled air transport enterprises (excepting when any jurid- cial person who is a scheduled air transport enterprise continues to exist in cases where the juridical person who is a scheduled air trans- port enterprise amalgamates with any juridical person who is not engaged in a scheduled air transport enterprise), the juridical person who continues to exist or the juridical person established by amalga- ma.tion shall succeed to the status of the scheduled air transport enter- prise under this Law, when the amalgamation has been approved by the Minister of Transportation before it becomes effective. 2. The provisions of Article 104 shall apply to an approval under the preceding paragraph. (Inheritance) Article 116. In the case of the death of the operator of a scheduled air transport enterprise, the heir (an heir who has been designated after consultation as heir to succeed to the enterprise when there are two or more heirs) shall succeed the status of a scheduled air trans- port enterprise under this Law. 2. When the successor under the preceding paragraph has not ap- plied for the inheritance within sixty days after the death of the deceased, the license for air transportation shall be invalid after ex- piration of such term. The same shall apply, in cases where an ap- plication for approval has been disapproved, on and after the day such disposition has been made. 3. The provisions of Article 101 shall apply to an approval under the preceding paragraph. (Suspension of Business) Article 117. Any scheduled air transport enterprise shall, when it intends to suspend its business, obtain a permission of the Minister of Transportation. 2. Except when he deems there is any danger of the public conven- ience being impeded by suspension, the Minister of Transportation shall grant a permission under the preceding paragraph. 3. The permission for the suspension of business under paragraph 1 shall not be given for a period of more than one year. (Closure of Business) Article 118. When it has closed its business, any scheduled air trans- port enterprise shall report without delay to that effect to the Minis- ter of Transportation. (Discontinuance of Busines and Cancellation of License) PAGENO="0906" 900 AIR LAWS AND TREATIES OF THE WORLD Article 119. When any air transport enterprise comes under any one of the following items, the Minister of Transportation may order to suspend the business for a period of less than six months or cancel the licence: (1) When any enterprise has violated this Law or any condition attached to any disposition, licence, permission or approval under this Law; (2) When any enterprise, does not perform without just rea- sons any matter approved in accordance with the provisions of this Chapter. (Invalidation of Licence) Article 120. When a scheduled air transport enterprise has come under any item of Article 4, paragraph 1, the licence under Article 100 paragraph 1, shall become invalid. (Non-scheduled Air Transportation) Article 121. Any person who intends to engage in non-scheduled air transportation shall obtain a licence from the Minister of Transporta- tion. 2. The provisions of Article 100, paragraphs 2 and 3, and Article 101 (excepting the provisions of pragraph 1, items (1) and (2)), shall apply to a licence under the preceding paragraph. Article 122. The provisions of Article 102, 104 to 106 inclusive, and Articles 108 to 120 inclusive (excepting those provisions of Article 114, paragraph 2, Article 115, paragraph 2, or Article 116, paragraph 3, which apply to Article 101, paragraph 1, items (1) and (2)), shall apply to non-scheduled air transportation. In this case "approved" in Article 119 item (2) shall read "licensed or approved". 2. The provisions of Article 30, paragraph 2, shall apply to the case of discontinuance of business or cancellation of licence as specified by the provisions of Article 119 which applies to the preceding para- graph. (Aircraft-Using Enterprise) Article 123. Any person who intends to engage in an aircraft-using enterprise shall obtain a licence from the Minister of Transportation. 2. The provisions of Article 100, paragraphs 2 and 3, and Article 101 (excepting the provisions of paragraph 1, items (1) and (2)), shall apply to a licence under the preceding paragraph. Article 124. The provisions of Article 102, 108, 109, 112 (except as coming under item (2)), 113 to 116 inclusive, (excepting those provi- sions of Article 114, paragraph 2, Article 115, paragraph 2, or Article 116, paragraph 3, which apply to Article 101, paragraph 1, items (1) and (2)), Articles 118 to 120 inclusive and Article 122, paragraph 2, shall apply to aircraft using enterprises. In this case "approved" in Article 119, item (2) shall read "licensed or approved". 2. Any person who has obtained a licence under paragraph 1 of the preceding Article shall report without delay to that effect to the Minister of Transportation when lie has suspended his business. (Conditions attached to Licence, etc) Article 125. There may be attached conditions or a term to licences, permissions or approvals under this Chapter, and they may be altered. 2. The conditions or terms under the preceding paragraph shall be PAGENO="0907" AIR LAWS AND TREATIES OF THE WORLD 901 limited to a minimum necessary to promote the public interest, or to secure the practice of matters involved in the licence, permission or approval and, shall not be such as will impose undue burdens upon the air transport. enterprise or aircraft-using enterprise. CHAPTER VIlI-FOREIGN AIRCRAFT (Flight of Foreign Aircraft.) Article 126. Any aircraft having the nationality of a.ny foreign state which is a. Contracting State of the Convention on International Civil Aviation (hereinafter referred to as "Contracting State") (ex- cepting any aircraft which is used for the enterprise of any person who has obtained permission under Article 129, paragraph 1 (here- inafter referred to as "foreign international air transport enter- prise"), a.ny airci~aft which is used for transporta.tion by any person who has obt.ained permission under Article 130-(2) and any aircraft which is used by any foreign state, any public entity or its equivalent in any foreign state, shall obtain permission from t.he Minister of Transportation when it. makes a flight as mentioned below without following any air route designated by the Minister of Transportation: (1) A flight starting outside Japan and arriving inside Japan; (2) A flight starting inside Japan and arriving outside Japan; or (3) A flight across Japan without landing, sta.rting outside Japan and arriving outside Japan. 2. Any aircraft having the nationality of any foreign state other than a Contracting State (except.ing any aircraft which is used for the enterprise of any foreign international air transport enterprise and any aircraft w-hich is used for transportation by any person who has obta.ined permission under Article 130-(2)) and any aircraft, having the nationality of a Contracting State, which is used by any foreign state, any public entity and its equivalent in any foreign state, shall obtain permission from the Minister of Transportation when it makes a flight referred to in any item of the preceding paragraph. 3. Any aircraft which is used in military, customs or police service shall be regarded as "aircraft used by a state" in application of the provisions of the preceding two paragraphs. 4. \\Th~n requested by the Minister of Transportation in cases where it makes a flight referred to in any item of paragraph 1, any aircraft having the nationality of any foreign state shall land at the desig- nateci airdrome w-ithout delay. 5. Any aircraft having the nationality of any foreign state, when it makes a flight mentioned in paragraph 1, items 1 or 2, shall land at. or take off from the airdrome designated by the Minister of Trans- portation except when prevented by weather or other unavoidable causes. However, the same shall not apply in cases permitted by the Minister of Transportation. (Use of Foreign Aircraft Inside Japan) Article 127. No aircraft having the nationality of any foreign state (excepting any aircraft which is used for the ent.erprise of any foreign international transport enterprise and any aircraft which is used for transportation by any person who has obtained permission under PAGENO="0908" 902 AIR LAWS AND TREATIES OF THE WORLD Article 130-(2)) shall be used for air navigation between points inside Japan. However, the same shall not apply in cases where permitted by the Minister of Transportation. (Prohibition of Carriage of Munitions) Article 128. Unless permitted by the Minister of Transportation, no aircraft having the nationality of any foreign state shall carry muni- tions (as specified by Ordinance of the Ministry of Transportation) on a flight referred to in each item of paragraph 1 of Article 126. (International Air Transport Enterprise by Foreign Nationals) Article 129. Notwithstanding the provisions of Article 100, para- graph 1, and Article 121, paragraph 1, a person referred to in any item of paragraph 1, Article 4, may, upon permission of the Minister of Transportation, run a business to transport passengers or freight on any flight referred to in Article 126, paragraph 1 (including the one between points within .Japan which is performed in continuance there- of) for remuneration on demand of other persons. 2. Any person who intends to obtain permission under the preceding paragraph, shall submit an application to the Minister of Transpor- tation, describing his business program, scheduled commencement date for operation and other matters stipulated by Ministry of Trans- portation Ordinance. 3. The Minister of Transportation may request the applicant to submit necessary documents in addition to those prescribed in the preceding paragraph. (Approval of Fares, Rates and Charges) Article 129-(2). Any foreign international air transport enterprise shall fix fares, rates and charges for passengers and freight (except mail) and obtain approval of the Minister of Transportation. The same shall apply in cases of changes therein. (Busi ness Program) Article 129-(3). Any foreig-n international air transport enterprise, in performing it~s business, shall comply with the business program except when prevented by weather or other unavoidable causes. 2. Any foreign international air transport enterprise, when it in- tends to alter its business program, shall obtain approval of the Minister of Transportation. (Order for Alteration of Business Program, etc.) Article 129- (4). The Minister of Transportation, when he deems it necessary, may order the foreign international air transport enterprise: (1) To alter its business program; or (2) To alter fares, rates or charges. (Suspension of Business and Cancellation of Permission) Article 129-(5). The Minister of Transportation may order a for- eign international air transport~ enterprise to suspend business for a period or cancel its permission to operate: (1) lVhen any foreign international air transport enterprise has violated the provision of this Law, any disposition under this Law or any condition attached to any permission or approval under this Law; (2) When substantial ownership of stock or shares of any foreign international air transport enterprise or effective control of an air transport enterprise operated by any foreign international air trans- port enterprise has failed to be vested in the state or its nationals to which the said foreign international air transport enterprise belongs; PAGENO="0909" AIR LAWS AND TREATIES OF THE WORLD 903 (3) When any foreign state or any foreign international air trans- port enterprise has violated the~ provisions of such agreement or the said agreement has become invalid in case where there is an agree- ment between Japan and the said foreign state to which the said for- eign international air transport enterprise belongs; or (4) When it is necessary for the public interest, besides those cases listed in the preceding three items. (Cabotage) Article 130. No aircraft which is authorized under the proviso of Article 127, and which is used for the business of any foreign inter- national air transport enterprise or which is used for transportation by any person who has obtained permission under the following Article shall be used for transporting passengers or freight for remunerationS between points within Japan. However, the same shall not apply in cases where permitted by the Minister of Transportation. (Transpo~rtation of Passengers, etc. Taking off or Landing Inside Japan) Article 130-(2). Any aircraft having the nationality of any foreign state (excepting any aircraft which is used for the enterprise of any foreign international air transport enterprise) shall obtain permis- sion from the Minister of Transportation, when it eiigages in the trans- portation for remuneration of passengers or freight, for taking off or landing inside Japan by a flight referred to in Article 126, para- graph 1, item 1 (including a flight between points within Japan which is made in continuance thereof) or by a flight referred to in item 2 of the same paragraph (including a flight between points within Japan which is made in continuance thereof). (Recognition of Certificates, etc.) Article 131. Any certification, license and other authorization which has been granted for the airworthiness of the following aircraft and for the qualifications as aircraft crew of the aircraft by any foreign state the nationality of which is possessed by the aircraft, and the certificates of qualification and other documents relating thereto shall, in application of the provisions of Article 11, Article 20, Article 28, paragraph 1 or 2, Article 34, paragraph 1, Article 59, Article 65 to 67 inclusive and Article 95, be regarded as aircraft registration cer- tificate under Article 6, airworthiness certification under Article 10, paragraph 1, airworthiness certificate under paragraph 5 of the same Article, passing of an inspection under Article 20, paragraph 1, compe- tence certification under Article 22, paragraph 1 or aircraft crew license under paragraph 2 of the same Article, competence certificate under Article 23 or airman license under Article 31, paragraph 2, instrument flight certification under Article 34, paragraph 1 in accord- ance with the provisions of an Ordinance of the Ministry of Trans- portation: (1) Any aircraft referred to in Article 126, paragraph 1 or 2, which makes a flight referred to in any item of paragraph 1 of the same Article; (2) Any aircraft as may be specified by Cabinet Order, which has been authorized under the proviso of Article 127; (3) Any aircraft which is used for the enterprise of any foreign international air transport enterprise. (4) Any aircraft which is used for the transportation by any person who has obtained permission under the preceding Article. PAGENO="0910" 904 AIR LAWS AND TREATIES OF THE WORLD (Terms and Conditions, etc.) Article 131-(2). Terms and conditions may be attached to permis- sions or approvals under this Chapter, may be altered, or may be attached to them after they are granted. CHAPTER IX-MISCELLANEOTJS PROVISIONS (Investigation of Accident) Article 132. When an accident mentioned in any item of Article 76, paragraph 1, has occurred, the Minister of Transportation shall in- vestigate its cause without delay. 2. For the purpose of investigation under the preceding paragraph, the Minister of Transportation may demand of any usei of aircraft or aircraft crew involved in the accident, or of any person who has en- gaged in rescue service and other persons concerned, to present reports or data, or may have his officials enter on the actual scene to investigate the aircraft or other objects. 3. Tn the case of the preceding paragraph, such official shall carry with him a card identifying his official status and show the same upon request to the person concerned. 4. The authority under paragraph 2 shall not be construed as given for the search of crime. (Report on Air Transport Agent, etc.) Article 133. Any person who. intends to act as air transport agent (an enterprise acting for an air transport enterprise in concluding cont.racts for the transportation by aircraft or air transport forward- ing agency (an enterprise transacting forwarding business for the transportation by aircraft in his own name) shall report to the Minister of Transportation matters as may be specified by Ordinance of the Ministry of Transportation. The same shall apply in cases where he intends to alter any one of the reported matters. 2. Any person who acts as air transport agent or broker shall report to that effect to the Minister of Transportation within thirty days from the day when he has abandoned such business. (Collection of Report and Entry for Inspection) Article 134. When it is necessary for the enforcement of this Law, the Minister of Transportation may request any person coming under any one of the following items to submit reports on the repair, re- modelling or manufacture of aircraft or apparatus, or the work, ad- ministration and use of an airdrome or air navigational aid, or use of aircraft, air service, air transport enterprise, aircraft-using enter- prise, air transport agent and air transport forwading agency: (1) Any person who repairs, remodels or manufactures aircraft or apparatus; (2) Any operator of an airdrome or air navigational aid; (3) Any airman; (4) Any person who engages in an air transport enterprise or aircraft-using enterprise; (5) Any person other than mentioned in the preceding item, who uses aircraft; (6) Any person who operates an air transport agency or for- warding agency. 2. When it is necessary for the enforcement of this Law, the Min- ister of Transportation may have his officials enter the office, factory PAGENO="0911" AIR LAWS AND TREATIES OF THE WORLD 905 or other business premises, airdromes, or any place where an air navi- gational aid is installed, or any place where a work for airdrome or air navigational aid is performed, or any place where an aircraft is located, or any aircraft, which belongs to any person under any item of the preceding paragraph, and inspect aircraft, air navigational aids, account books, documents or other matters, or ask questions of any interested person. & The provisions of Article 132, paragraphs 3 and 4, shall apply to the case of the preceding paragraph. (Payment of Fee) Article 135. Any person (excluding the State) listed in the left column of the following table shall pay a fee, the amount of which may, within the limit as listed in the right column thereof, be specified by Cabinet Order. Person responsible for payment Amount (1) Any person who requests the delivery of a copy or abstract of Aircraft Register or the offer for perusal of Aircraft Register; Y50; (1-2) Any person who applies for an a.irworthiness certification under Article 10, paragraph 1; ~81,400; (2) Any person who applies for a type certification under Article 12, paragraph 1; ~48,400; (3) Any person who intends to undergo an inspection on repair or remodeling under Article 16, paragraph 1; Y8,700; (4) Any person who applies for a spare-parts-certification under Article 17, paragraph 1; fll,300; (5) Any person who intends to undergo an inspection under Arti- cle 20, paragraph 1; Y8,700; (6) Any person who applies for a competence certification under Article 22, paragraph 1; (7) Any person who applies for an aircraft crew licence under Article 22, paragraph 2; (7)-2. Any person who applies for an alteration of restriction with regard to a competence cer- tification under Article 29-(2), paragraph 1; ~500; However, when an air- craft of the Ministry of Trans- portation is used for a practical examination including the naviga- tion of aircraft, an amount speci- fied by Cabinet Order shall be added to an amount specified by Cabinet Order within the limit of 500 yen; Y300; 1~400; PAGENO="0912" 906 AIR LAWS AND TREATIES OF THE WORLD (8) Any person who applies for an instrument flight certifica- tion under Article 34, paragraph 1, or an instructor's certification under paragraph 2 of the same Article; (9) Any person who intends to obtain a permission for aircraft pilot training under Article 35; (10) Any person who applies for a re-issuance of an aircraft registration certificate, airworthi- ness certificate, competence cer- tificate, airman licence or a permit for aircraft pilot training; (11) Any person who applies for a permission of the provision of an airdrome or air naviga- tional aid under Article 38, para- graph 1; (12) Any person who intends to undergo a completion inspection of an airdrome under Article 42, paragraph 1; (13) Any person who intends to undergo a completion inspection of an air navigational aid under Article 42, paragraph 1; (14) Any person who intends to undergo an inspection under Arti- cle 42, paragraph 1 which applies to aerodromes in accordance with the provision of Article 43, para- graph 2; 400; However, when an air- craft of the Ministry of Trans- portation is used for a practical examination including the navi- gation of aircraft, an amount specified by Cabinet Order shall be added to an amount specified by Cabinet Order within the limit of 400 yen ~Y300; Y19,500; 1~75,100; Y30,800; However, when an air- craft of the Ministry of Transpor- tation is used for a test by using aircraft, an amount specified by Cabinet Order shall be added to amount specified by Cabinet Order within the limit of 30,800 yen; Amount Y100; ~75,100; PAGENO="0913" AIR LAWS AND TREATIES OF THE WORLD 907 (15) Any person who intends to undergo an inspection under Arti- cle 42, paragraph 1 which applies to air navigational aid in accord- ance with the provision of Article 43, paragraph 2; (16) Any person who intends to undergo an inspection under Article 44, paragraph 4; (17) Any person who intends to undergo an inspection under Ar- ticle 44, paragraph 4 which applies in accordance with the provision of Article 45, paragraph 2; (18) Any person who undergoes an inspection of an aerodrome un- der Article 47, paragraph 2,; (19) Any person who undergoes an inspection of an air naviga- tional aid under Article 47, para.- graph 2; ~30,800; However, when an air- craft of the Ministry of Trans~ portation is used for a test by using aircraft, an amount speci- fied by Cabinet Order shall be~ added to an amount specified by Cabinet Order within the limit of 30,800 yen; Y28,'TOO; Y15,600; However, when an air- craft of the Ministry of Trans- portation is used for a test by using aircraft, an amount speci- fied by Cabinet Order shall be added to an amount specified by Cabinet Order within the limit of 15,600 yen; 1~28,700; fl5,600; However, when an air- craft of the Ministry of Transpor- tation is used for a test by using aircraft, an amount specified by Cabinet Order shall be added to an amount specified by Cabinet Order within the limit of 15,600 yen; Amount (20) Any person who intends to undergo a competence test for aircraft dispatcher under Article 78, paragraph 2. ~500. (Inquiry to Transportation Council) Article 136. The Minister of Transportation, when he intends to make the following dispositions, shall inquire of the Transportation 67717 O-~61----58 PAGENO="0914" 908 AIR LAWS AND TREATIES OF THE WORLD Council under Article 5 of the Ministry of Transportation Estab- lishment Law (Law No. 157 of 1949) and shall do so with due regard to the decisions thereof; (1) Licensing of scheduled air transportation in accorda.nce with the provisions of Article 100, paragraph 1; (~) Approval of fares and charges for scheduled air transpor- tation in accordance with the provisions of Article 105, para- graph 1,; (3) Order of alteration of fares, rates and charges for scheduled air transportation in accordance with the provisions of Article 112; (4) Approval of transfer and taking over of scheduled air transportation in accordance with the provisions of Article 114, paragraph 1; (5) Approval of amalgamation of juridical persons who are scheduled air transport enterprises in accordance with the pro- visions of Article 115, paragraph 1; (6) Cancellation of licence for scheduled air transportation or discontinuance of business in accordance with the provisions of Article 119. (Appeal) Article 137. Any person who is dissatisfied with the dispositions made by the Minister of Transportation in accordance with the pro- visions of this Law may make an appeal. CHAPTER X-PENAL PROVISIONS (Penalty for Endangering Air Navigation, etc.) Article 138. Any persoi~ who has caused danger to air navigation by damaging any airdrome facility or au' navigational aid or by other means shall be liable to a penal servitude of a definite period of two years or more. Article 139. Any person who has crashed, overturned or sunk, or destroyed any aircraft in flight shall be liable to a penal servitude for life or of three years or more. 2. The same shall apply to any person who has committed any of- fence under the preceding Article and thereby crashed, overturned or sunk, or destroyed any aircraft in flight. Article 140. Any person who has committed any offence under the preceding Article and thereby caused a death to any person shall be liable to the death penalty, or a penal servitude for life or of seven years or more. Article 141. Any attempted offence under Article 138 and Article 139, paragraph 1 shall be punished. Article 142. Any person who through negligence has caused danger to air navigation or crashed, overturned or destroyed any aircraft in flight shall be liable to a fine not exceeding 100,000 yen. 2. Any person who, in performing his duties, has committed any of- fence under the preceding paragraph shall be liable to an imprison- ment not exceeding three years or a fine not exceeding 100,000 yen. (Penalty for `Using of Non-Airworthiness-Certified Aircraft, etc.) Article 143. Any user of aircraft who comes under any one of the PAGENO="0915" AIR LAWS AND TREATIES OF THE WORLD 909 following items shall be liable to a penal servitude not exceeding three years or a fine not. exceeding 100,000 yen, or both: (1) When he has used an aircraft. for air navigation without it having been airworthiness-certified in violation of the provision of Article 11; (2) When he has used an aircraft for air navigation without it having undergone or passed an inspection under the provisions of paragraph 1 or 2 of the same Article in violation of the provisions of the same paragraph; (3) `When lie has used an aircraft for air navigation without having made acknowledgement under Article 19 in violation of the provisions of the same Article. (Penalty for Designated Airworthiness Inspector) Article 143-(2). Any designated airworthiness inspector, when he comes under any one of the following items, shall be liable to a penal ~servitude not exceeding three year or a fine not exceeding 100,000 yen, or both: (1) When he has conducted an airworthiness certification with regard to a glider which fails to conform to the technical stand- ards under Article 10, paragraph 4 as applied under Article 10- (2), paragraph 2; (2) When he has passed a glider which fails to conform with the standards under Article 16 paragraph 3 for inspection under paragraph 2 of the same Article. (Penalty for Non-Display, etc.) Article 144. Any user of aircraft who has used an aircraft for air navigation without the marks on the aircraft under the provisions of Article 57 or with false marks shall be liable to a penal servitude not exceeding one year or a fine not exceeding 50,000 yen. (Penalty for Operating `Without Specified Airmen, etc.) Article 145. AiTly user of aircraft, when he comes under any one of the following items, shall be liable to a fine not exceeding 100,000 yen: (1) When he has used any specified radio apparatns on an air- craft without having undergone or passed an inspecti*oi~ under Article 20, paragraph 1 in violation of the provisions of the same paragraph; (2) `When he has not provided an aircraft logbook in violation of the provisions of Article 58, paragraph 1; (3) When lie has failed to enter in the aircraft logbook items to be entered under the provisions of Article 58, paragraph 2 or made a false entry; (4) When he has used an aircraft for air navigation without carrying any specified document in violation of the provisions of Article 59; (5) When lie has used an aircraft for air navigation without equipping it with radio equipment in violation of the provisions of Article 60; (6) `When he has used an aircraft for air navigation without equipping it with safety equipment in violation of the provisions of Article 61; (7) When he has made any special flight without equipping an aircraft with special equipment in violation of the provisions of Article 62; PAGENO="0916" 910 AIR LAWS AND TREATIES OF THE WORLD (8) When he has started an aircraft without carrying specified fuel in violation of the provision of Article 63; (9) When he has failed to mark an aircraft with lights in viola- tion of the provisions of Article 64; (10) WThen he has failed to man an aircraft with specified air- men in violation of the provisions of Article 65 paragraph 1 or 2 or Article 66, paragraph 1; (11) When he has had an aircraft crew engage in the operation of aircraft in violation of the provisions of Article 68; (12) When he has failed to make a report under the provisions of the proviso of Article 76, paragraph 1 or made a false report; (13) When he has ca.rried articles on an aircraft in violation of the provisions of Article 86, paragraph 1; (14) When he has caused an aircraft to fly in violation of the restrictions on the methods of flight under the provisions of Ar- ticle 87, paragraph 2; (15) When he has caused an aircraft to tow any object in viola- tion of the provisions of Article 88; (16) When he has used an aircraft for air navigation between places within Japan in violation of the provisions of Article 127; (17) When he has carried munitions under Article 128 in vio- lation of the provisions of the same Article. (Penalty relating to Provision of Airdrome or Air Navigational Aid, etc.) Article 146. Any person who comes under any one of the following items shall be liable to a fine not exceeding 300,000 yen: (1) When he has provided an airdrome without any permis- sion in violation of the provisions of Article 38, paragraph 1; (2) When he has made an important alteration on an air- drome in violation of the provisions of Article 43, paragraph 1; (3) When he has violated an order for suspension of use of an airdrome, wholly or partially, under the provisions of Article 48. Article 147. Any person who has provided an air navigational aid without permission in violation of the provisions of Article 38, para- graph 1, shall be liable to a fine not exceeding 100,000 yen. 2. The same as in the preceding paragraph shall apply to any per- son who has made especially important alterations on any air naviga- tional aid in violation of the provisions of Article 43, paragraph 1. Article 148. Any person who falls under any one of the following items shall be liable to a fine not exceeding 100,000 yen: (1) When he has commenced the use of any airdrome or air navigational aid in violation of the provisions of Article 42, paragraph 4 (including cases where Article 43, paragraph 2 or Article 44, paragraph 5 applies (including cases where Article 45, paragraph 2 applies)); (2) When he has suspended or discontinued the use of an air- drome without permission in violation of provisions of Article 44, paragraph 1; (3) When he has suspended or discontinued the use of an air navigational aid without making a report in violation of the provisions of Article 45, paragraph 1. Article 148-(2). Any operator of an airdrome or an air naviga- tional aid, when he has received any charge of use of any air- PAGENO="0917" AIR LAWS AND TREATIES OF THE WORLD 911 drome or an air navigational aid used for public without obtaining an approval under the provisions of Article 54 or without complying with any charge of use which has been approved under the same provisions, shall be liable to a fine not exceeding 50,000 yen. (Penalty for Conducting Air Service without Specified Qualifica- tions, etc.) Article 149. Any person who comes under any one of the following items shall be liable to a penal servitude of not exceeding one year or a fine not exceeding 30,000 yen: (1) When he has performed any act described in the "Scope of Duties" of the attached table in violation of the provisions of Article 28, paragraph 1 or 2; (2) When he has engaged in his duties in violation of the pro- visions of Article 70. (Penalty for Not Carrying a Competence Certificate, etc.) Article 150. Any person who comes under any one of the following items shall be liable to a fine not exceeding 50,000 yen: (1) When he has presented his aircraft in violation of the pro- visions of Article 8- (3), paragraph 2; (1-2) W}ien he has altered the registration marks in violation of the provisions of Article 8-(3), paragraph 3; (1-3) When lie has made an instrument flight or given instruc- tions in aircraft piloting in violation of the provisions of Article 34, paragraph 1 or 2; (2) When he has installed, planted or left any structure, plant or other object in violation of the provisions of Article 49, para- graph 1; (3) When he has stained or damaged an air navigational aid or conducted such other act as may spoil the function thereof in violation of the provisions of Article 53; (4) When he has performed his service without carrying a certificate of competence, airman license or permit for aircraft pilot training in violation of the provisions of Article 67, para- graphs 1 (including where Article 35, paragraph 4 or 2 applies); (5) When he has engaged in the operation of aircraft or per- formed an instrument or night flight, or training for piloting in violation of the provisions of Article 69; (6) When he has put the article specified in Article 86, para- graph 1, into any aircraft in violation of the provisions of para- graph 2 of the same Article; (7) When he has dropped an object from the aircraft in violation of the provisions of Article 89; (8) When he has made a parachute descent from the aircraft in violation of the provisions of Article 90; (9) When he has trained for aircraft piloting in violation of the provisions of Article 92; (10) When he has made a flight for training as aircraft pilot or for the purpose of testing aircraft in an air traffic control area or air traffic control zone in violation of the provisions of Article 93; (11) When he has entered a landing strip in violation of the provisions of Article 99. (Penalty relating to Duties of Pilot-in-Command, etc.) PAGENO="0918" 912 AIR LAWS AND TREATIES OF THE WORLD Article 151. Any pilot-in-command, who, by abusing his power, compelled any person on board the aircraft to do anything beyond the scope of such person's duty, or has obstructed any person from exercising his right, shall be liable to a penal servitude not exceeding two years. Article 152. Any pilot-in-command, who has left the aircraft commanded by him in violation of the provision~ of Article 75, shall be liable to a penal servitude not exceeding five years. Article 153. Any pilot-in-command who comes under any one* of the following items, shall be liable to a fine not exceeding 50,000 yen: (1) When he has failed to make a report under the provisions of Article 76 paragraph 1 or 2, or made a false report; (2) `When he has taken off in an aircraft or altered the flight plan in violation of the provisions of Article 77; (3) When he has made a formation flight in violation of the provisions of Article 84, paragraph 2; (4) When he has failed to make a notification under the pro- visions of Article 98, or made a false notification. Article 154. Any airman who comes under any one of the following items shall be liable to a fine not exceeding 50,000 yen: (1) When he causes an aircraft to take off or land in violation of the provisions of Article 79; (2) `When he has operated an aircraft in violation of the pro- visions of Articles 80 to 83 inclusive; (3) When he has made a formation flight in violation of the provisions of Article 84, paragraph 1; (4) When he has piloted an aircraft in violation of the provi- sions of Article 85; (5) When he has made an acrobatic flight in violation of the provisions of Article 91; (6) When he has made an instrument flight in violation of the provisions of Article 94; (7) When he has operated an aircraft under instrument flight rule conditions in violation of the provisions of Article 95; (8) When he has operated an aircraft without complying with the instructions under the provisions of Article 96; (9) When he has conducted, without approval, such act as is subject to approval under the provisions of Article 97, paragraph 3; (9-2) When he has operated an aircraft without notifying in violation of the provisions of Article 97, paragraph 2; (10) When he has operated an aircraft without complying with the flight plan in violation of the provisions of Article 97, para- graph 2; (11) When he has failed to receive instructions or to make re- ports under the provisions of Article 97, paragraph 4 or made any false report; (12) When he has operated an aircraft without permission in violation of the provisions of Article 126, paragraph 1 or 2; (13) When he has failed to comply with a request of landing under the provisions of Article 126, paragraph 4; PAGENO="0919" AIR LAWS AND TREATIES OF THE WORLD 913 (14) When he has caused an aircraft to land or take off on any airdrome other than those designated by the Minister of Trans- portation in violation of the provisions of Article 126, paragraph 5. 2. Any aircraft crew other than the pilot-in-command, who falls under any one of each item of the preceding paragraph, shall be pun- ished and the pilot-in-command shall also be liable to the punishment under the same paragraph. However, the same shall not apply to the pilot-in-command in cases where it is proved that due care and super- vision has been exercised to avoid the violation by any aircraft crew member other than the pilot-in-command. (Penalty relating to Business of Air Transport Enterprise, etc.) Article 155. Any person who falls under any one of the following items shall be liable to a fine not exceeding 500,000 yen: (1) When he has conducted, without license, such act as is sub- ject to a license under the provisions of Article 100, paragraph 1, Article 121, paragraph 1 or Article 123, paragraph 1; (2) When he has allowed another person to utilize his license in violation of the provisions of Article 113, paragraph 1 (in- cluding the case where applied under Article 122, paragraph 1 or Article 124, paragraph 1); (3) When he has allowed another person to operate his busi- ness in his name in violation of the provisions of Article 113, para- graph 2 (including the case where applied under Article 122, paragraph 1 or Article 124, paragraph 1; (4) When he has conducted, without permission, such act as is subject to permission under the provisions of Article 129; (5) When he has used an aircraft under Article 130 for air transportation in violation of the provisions of the same Article; (6) When he has conducted without permission such act as is subject to permission under the provisions of Article 130-(2); Article 156. Any scheduled air transport enterprise, non-scheduled air transport enterprise or aircraft-using enterprise who has com- menced operation without passing an inspection under the provisions of Article 102, paragraph 1 (including the case where applied under Article 122, paragraph 1 or Article 124, paragraph 1) shall be liable to a fine not exceeding 200,000 yen. Article 157. Any scheduled air transport enterprise, non-scheduled air transport enterprise or aircraft-using enterprise, who falls under any one of the following items shall be liable to a fine not exceeding 50,000 yen: (1) When it has operated and maintained aircraft without complying with the operation and maintenance manual as speci- fied in Article 104, paragraph 1 (including the case where Article 122, paragraph 1 applies); (2) When it has received fares and charges without obtaining an approval, or without having fares and charges approved, under the provisions of Article 105, paragraph 1 (including the case where Article 122, paragraph 1 applies); (3) When it has concluded a transportation contract without complying with conditions of transportation under the provi- sions of Article 106, paragraph 1 (including the case where Article 122, paragraph 1 applies); PAGENO="0920" 914 AIR LAWS AND TREATIES OF THE WORLD (4) When it has violated any order issued in accordance with the provisions of Article 108, paragraph 2 or Article 112 (in- cluding the case where Article 122, paragraph 1 or Article 124, paragraph 1 applies); (5) When it altered the business program without obtaining an approval under the provisions of Article 109, paragraph 1 (including the case where Article 122, paragraph 1 or Article 124, paragraph 1 applies); (6) When it has concluded an agreement concerning trans- portation without obtaining an approval under the provisions of Article 110, paragraph 1 (including the case where Article 122, paragraph 1 applies); (7) When it has suspended its business in violation of the provisions of Article 117, paragraph 1 (including the case where Article 122, paragraph 1 applies) (8) `When it has violated an order for discontinuance, of busi- ness under the provisions of Article 119 (including the case. where Article 122, paragraph 1 or Article 124, paragraph 1 applies). Article 157-(2). Any foreign international air transport enterprise, when it comes under any one of the following items, shall be liable to a fine not exceeding 50,000 yen: (1) When it has received fares or charges without obtaining an approval under the provisions of Article 129-(2) or without having fares and charges approved under the same provisions; (2) When it has altered a business plan without obtaining an approval under the provisions of Article 129-(2) paragraph 2; (3) When it has violated an order under the provisions of Ar- ticle 129-(4) or an order for suspension of business under the provisions of Article 129- (5). (Penalty for Evading of Entry, etc.) Article 158. Any person who falls under any one of the following items shall be liable to a fine not exceeding 30,000 yen: (1) When he has refused, obstructed or evaded an inspection under the provisions of Article 47, paragraph 2, Article 132, para- graph 2. or Article 134, paragraph 2; (2) When he has failed to make a report under the provisions of Article 132, paragraph 2, or Article 134, paragraph 1 or made a false report; * (3) `V\Then he has not complied with a request of presentation of data under the provisions of article 132, paragraph 2; (4) When he has made a false statement. to any question under the provisions of Article 134, paragraph 2. (Dual Punishment) * Article 159. Tn case the representative of a juridical person or an agent, employee or any other worker of a juridical person or an in- dividual violates the provisions of Articles 144 to 148-(2) inclusive, Article 150, and Article 155 to the preceding Article inclusive, with regard to the business of the juridical person or its property, not only the offender himself shall be liable t.o punishment, but. said juridical person or individual shall be liable for the fine stipulated in the said Articles. However, the above shall not apply to the. juridical person or individual in cases where it is nroved that due care and supervision has been exercised by the juridical person or individual over said PAGENO="0921" AIR LAWS AND TREATIES OF THE WO~tLD 915 business or property in order to prevent the aforesaid violations com- mitted by an agent, employee or other worker. (Non-Criminal Fine) Article 160. Any person who falls under any one of the following items shall be liable to a non-criminal fine not exceeding 50,000 yen: (1) When he has failed to post a notice under the provisions of Article 107 or posted any false notice; (2) When he has failed to make a report under the provisions of Article 118 (including the case where applied under Article 122, paragraph 1 or Article 124, paragraph 1) or made any false report. Article 161. Any person who falls under any one of the following items shall be liable to a non-criminal fine not exceeding 30,000 yen: (1) When he has failed to make application in accordance with the provisions under Article 7, Article 7-(2) or Article 8; (2) When he has failed to make a report under the provisions of Art~cle 55, paragraph 4 or Article 133 or made any false report. Article 162. Any person who has violated any provision of any order under the provisions of Article 9, 21 or 36 shall be liable to a fine not exceeding 10,000 yen. SUPPLEMENTARY PROVISIONS 1. This Law shall become effective on the day of its promulgation. Attached Table (cf. Article 28, p. 15) Qualifications scope of Duties Airline transport pilot To perform the following actions on board aircraft: (1) Actions which may be per- formed by any person qualified for senior commercial pilot. (2) Pilotage of aircraft used for air transportation. senior commercial pilot - To perform the following actions on board aircraft: (1) Actions which may be per- formed by any person qualified for commercial pilot. (2) Pilotage of aircraft with maxi- mum take-off weight of less than 13,- 650 kilograms which is used for non- scheduled air transportation. Commercial pilot - To perform the following actions on board aircraft: (1) Actions which may be per- formed by any person qualified for private pilot. (2) Pilotage of aircraft for com- pensation, which is not operated for compensation. (3) Pilotage of aircraft used for aircraft-using enterprise. (4) Pilotage of aircraft with a maximum take-off weight of less than 5,700 kilograms which is used for non- scheduled air transportation (except- ing the operation for the transporta- tion of passengers for compensation under instrument flight rules condi- tions). PAGENO="0922" 916 AIR LAWS AND TREATIES OF THE WORLD Attached Table (Cf. Article 28, p. 15)-Continued Qualifications Scope of Duties Commercial pilot . (5) Pilotage of aircraft used for air transportation as pilot other than pilot-in-command. Private pilot - To perform the following actions on board aircraft: (1) Pilotage of aircraft without compensation, which is not operated for compensation (only where not car- rying any person other than himself). (2) Pilotage as pilot-in-command without compensation, of aircraft other than for air transportation or aircraft-using enterprise used by the enterpriser. (3) Pilotage of aircraft which is not operated for compensation as pilot other than pilot-in-command. First class flight navigator Measurement of the position and course of aircraft and calculation of air navigational data on board aircraft. Second class flight navigator Measurement of *the position and course of aircraft and calculation of air navigational data on board aircraft by means of other than celestial observation (excepting wen engaged in duties on board air- craft on a flight over any section of less than 1,300 kilometers, when any land mark or air navigational aid is insufficient for air naviga- tion). Flight engineer Handling of aircraft engine and air- frame (excepting handling of pilot- ing system) on board aircraft. First class flight radio operator - Handling of radio apparatus on board aircraft, which may be performed by any radio man qualified for first class radio operator as provided for by Article 40 of the Radio Law. Second class flight radio operator Handling of radio apparatus on board aircraft, which may be performed by any radio man qualified for sec- ond class radio operator as provided for by Article 40 of the Radio Law. Third class flight radio operator Handling of radio apparatus on board aircraft, which may be performed by any radio man qualified for aeronautical class radio operator as provided for by Article 40 of the Radio Law. First class aircraft mechanic To perform the actions of acknowl- edging as provided for by Article 19 with regard to maintained aircraft (excepting major repair of such scope as may be specified by Minis- try of Transportation Ordnance). Second class aircraft mechanic To perform the actions of acknowl- edging as provided for by Article 19 with regard to maintained air- craft with a maximum take-off Weight of less than 15,000 kilograms (excepting major repair of such scope as may be specified by Minis~ try of Transportation Ordinance). PAGENO="0923" AIR LAWS AND TREATIES OF THE WORLD 917 Attached Table (ci. Article 28, p. 15)-Continued Qualifications Scope of Duties Third class aircraft mechanic To perform the actions of acknowl- edging as provided for by Article 19 with regard to maintained aircraft with a maximum take-off weight of less than 2,500 kilograms (except- ing major repair of such scope as may be specified by Ministry of Transportation Ordinance). Aircraft shop mechanic To perform the actions of acknowl- edging as provided for by Article 19 with regard to maintained or remodelled aircraft. LAW OF APRIL 15, 1958, CONCERNING A PARTIAL AMENDMENT TO CIVIL AERONAUTICS LAW A partial amendment to the Civil Aeronautics Law (Law No. 231, 1952) shall be made as follows: In Article 2, paragraph 7, "angle" shall be read "slope" and para- graph 9 of the same article shall be amended as follows: 9. In this law, "transitional surface" shall mean an area including the hypotenuse of the approach surface and the longer sides of the landing strip, and a slope at a horizontal plane abutting the vertical phase at right angles to the vertical phase including the center-line of the landing strip which is placed at 7:1 upwards and outwards of the approach surface or the landing strip, and a part encircled by a line abutting the hypotenuse of the surface and the longer sides of the landing strip abutting the said hypotenuse and a plane abutting these planes and a plane including horizontal surface, and hypotenuse of the approach surface and the longer sides of the landing strip. Article 10, paragraph 3, shall be amended as follows: 3. An air- worthiness certification shall be granted by designating the purpose of use and operational limits of the aircraft as may be specified by Ordinance of the Ministry of Transportation. In Article 38, paragraph 2, "and distinction whether it is used for public in the airdrome" shall be added after "other matters specified by Ordinance of the Ministry of Transportation," and in the same article, paragraph 3, "the distinction whether it is used for public shall be added after "location and scope." In Article 39, paragraph 1, item 3; Article 47, paragraph 1 and Article 48, "the technical standards" shall read "the public safety standards." Article 53 shall be amended as follows: (Prohibiting Act) Article 63. No one shall damage a runway, docking rail or impor- tant facilities of the airdrome or an air navigational aid or conduct such other act as may poil its function as specified by Ordinance of the Ministry of Transportation. 2. No one shall throw things at an aircraft on the airdrome or commit such other act as may spoil the aircraft as may be specified by Ordinance of the Ministry of Transportation. 3. No one shall enter a landing strip, docking rail, apron or hangar without permission. PAGENO="0924" 918 AIR LAWS AND TREATIES OF THE WORLD The following Article shall be added after Article 54: (Management Regulations) Article 54-2. The operator of any airdrome shall post a notice that is seen easily with respect to matters concerning concessions or other business operations at the airdrome for public use in accord- ance with the provisions of Ordinances of the Ministry of Trans- portation. 2. The operator of any airdrome provided for in the preceding paragraph shall obtain an approval of the Minister of Transporta- tion, when he intends to establish management regulations set forth in the same paragraph or make alterations thereof. In Article 56, paragraph 2, "Article 49, 50 and Article 51, para- graph 1" shall read "Article 47, paragraph 1; Article 49; Article 50; Article 51, paragraph 1, 3, and 4, and Article 54-2, paragraph 1." Paragraph 3 of the same article shall be deleted. Article 72 shall be amended as follows: (Route Qualification of Pilot-in-Command) Article 72. A pilot-in-command of an aircraft used for scheduled air transportation shall obtain an approval of the Minister of Trans- portation with respect to possession of piloting experience of aircraft over the pertinent, route and knowledge of the pertinent route as may be stipulated by Ordinance of the Ministry of Transportation. 2. The Minister of Transportation shall, in accordance. with the provisions of Ordinance of the Ministry of Transportation, exam- ine periodically whether such person who obtained an approval under the preceding paragraph possesses the said experienc.e and knowledge provided for in the same paragraph. 3. When the Minister of Transportation, as a result of the preceding examination, deems that the person who obtained an approval under paragraph 1, does not possess the foregoing experience and knowledge, he shall cancel the approval. The following article shall be added after Article 73. (Confirmation Before Departure) Article 73-2. In accordance with the provisions of the Ordinance of the Ministry of Transportation the pilot-in-command shall not have the aircraft take off unless he has confirmed that the aircraft does not hinder the navigation and has completed other preparation necessary for operation of the aircraft.. Article 83 shall be amended as follows: (Prevention of Collision) Article 83. Any aircraft shall navigate in accordance with the course, path, speed and other methods of navigation as may be speci- fied by Ordinance of the Ministry of Transportation for the purpose of preventing collisions with other aircraft or ships and insuring safety of taking-off or landing of the aircraft on the airdrome. However, in case where the aircraft is on water, it shall be determined in accordance with provisions of the Law concerning Prevention of Collisions at Sea. Article 99. In accordance with the provisions of Ministry of Trans- portation, the Minister of Transportation shall provide pilots with necessary information for operation of the aircraft. The following Article shall be added after Article 134. (Information) PAGENO="0925" AIR LAWS AND TREATIES OF THE WORLD 919 Article 134-s. Any person who sets off a rocket or fireworks or commits any other act which may obstruct the flight of aircraft as may be specified by Ordinance of the Ministry of Transportation shall in- form the Ministry of Transportation of such act in advance, in accordance with the provisions of Ordinance of the Ministry of Transportation. The table of Article 135, item 1-2 to 10, shall be amended as follows: 1-2. Any person who applies for an airworthiness certification un- der Article 10, paragraph 1: 124,000 yens; However, in case where an examination is held outside Japan, an amount as specified by Cabi- net Order shall be added to an amount as may be specified by Cabinet Order within the limit of 124,000 yens. 2. Any person who applies for a type certification under Article 12, paragraph 1: 67,200 yens. 3. Any person who intends to undergo an inspection on repair or remodeling under Article 16, paragraph 1: 34,700 yens; However, in case where examination is held outside Japan, an amount as speci- fied by Cabinet order shall be added to an amount as may be specified by Cabinet Order within the limit of 34,700 yens. 4. Any person who applies for spare-parts-certification under krticle 17, paragraph 1: 16,800 yens; However, in case where an ex- amination is held outside Japan, an amount as specified by Cabinet Order shall be added to an amount as may be specified by Cabinet Order within the lim.it of 16,800 yens; 5. Any person who intends to undergo an inspection under Article 20, paragraph 1: 8,700 yens; However, in case where an examination is held outside Japan, an amount as specified by Cabinet Order shall be added to an amount as may be specified by Cabinet Order within the limit of 8,700 yells; 6. Any person who applies for a competence certification under Article 22, paragraph 1: 700 yells; However, when an aircraft of the Ministry of Transportation is used for practical examination includ- ing the navigation of aircraft, an amount as may be specified Cabinet Order shall be added to an amount as may be specified by Cabinet Order within the limit of 700 yens; 7. Any person who applies for an aircraft crew license under Article 22, paragraph 2: 300 yens; 7-2. Any person who applies for an alteration of restriction with regard to a competence certification under Article 29-2, paragraph 1: 560 yens; 8. Any person who applies for an instrument flight certification under Article 34, paragraph 1 or a training-for-pilotage certification under paragraph 2 of the. same Article: 560 yens; However, when an aircraft of the Ministry of Transportation is used for a practical examination including the navigation of aircraft, an amount as may be specified b~t)Ibinet Order shall be added to an amount as may be specified by Cabinet Order within the limit of 560 yens; 9. Any person who intends to obtain permission for aircraft pilotage training under Article 35: 300 yens; 10. Any person who applies for a re-issuance of an aircraft registra- tion certificate, airworthiness certificate, competence certificate, air- man licence or a permit for aircraft pilotage training: 140 yens. PAGENO="0926" 920 AIR LAWS AND TREATIES OF THE WORLD In item 20 of the table in Article 135, "500 yens" shall read "700 yells." The following paragraph shall be added after Article 148-2. 2. The same as in the preceding paragraph shall apply to any oper- ator of an airdrome who has established management regulations or made alterations therein without obtaining approval under the pro- visions of Article 54-2, paragraph 2, in violation of the same para- graph. Article 150, item 3 shall be amended as follows: 3. When he has damaged a runway, docking rail, or facilities of the airdrome or an air navigational aid as may be specified by Ordinance of the Ministry of Transportation or committed such other act as may spoil the function thereof in violation of the provisions of Article 53, paragraph 1. The following two items shall be added after Article 150, para- graph 3. 3-2. When he has thrown things at an aircraft on the airdrome in violation of the provisions of Article 53, paragraph 2 or committed other act as may be specified by Ordinance of the Ministry of Trans- portation. 3-3. Whefl he has entered a. landing strip, docking rail, apron or hangar in violation of the provisions of Article 53, paragraph 3. The following item shall be added after Article 150, item 5, and item 11 shall be deleted. 5-2. When he is on board the aircraft for scheduled air transporta- tion as a pilot-in-command without obtaining an approval under the provisions of Article 72. In Article 153~ item 1 to item 4 shall read item 2 to 5 and the follow- ing item shall be added as item 1 after the. same article. 1. When he has an aircraft take off in violation of Article (2). In Article 160, item 1, "Article 107" shall read "Article 54-2, para- graph 1 or Article 107." The following item shall be added after Article 161. 3. When he has not made the report in accordance with the pro- visions of Article 134-2 or has made a false report thereof. SUPPLEMENTARY PROVISIONS 1. This law shall come into force on the day following three months from the date of its promulgation. 2. The a.irworthiness certification presently valid under this law shall remain effective after this law takes effect, irrespective of the new provisions of Article 10, paragraph 3. 3. With respect to airdromes for public use at the time when this law takes effect, the operator of such aerodrome may not estab- lish management regulations within three months after this law takes effect, irrespective of the new provisions of Article 54-2, paragraph 1. 4. No person, paragraph 1, may be on board an aircraft for sched- uled air transportation as a pilot-in-coiumand within six months after the date of the enforcement of this law without obtaining an approval under the new provisions of Article 72, irrespective of the new pro- visions of that article. PAGENO="0927" AIR LAWS AND TREATIES OF THE WORLD 921 5. With respect to route quhliflcation of a person on board the aircraft for scheduled air transportation as a pilot-in-command with- out obtaining an approval under the new provisions of Article 72, paragraph 1, the same paragraph as prior to the amendment shall apply. OTHER AIR LAWS IN FORCE IN JAPAN The following other air laws are in force in Japan: (1) Amendments to Civil Aeronautics Law, Law No. 40, March 26, 1959, and Law No. 90, June 1, 1960. (2) Law concerning special case of Civil Aeronautics Law by vir- tue of provisions of the Agreement under Article VI of the Treaty of Mutual Cooperation and Security between the United States of America and Japan, regarding facilities and areas and the status of United States forces in Japan, and Agreement regarding the status of the United Nations forces in Japan, Law No. 232, July 1, 1952, as last amended by Law No. 102, June 23, 1960. (3) Airport Maintenance Law, Law No. 80, April 20, 1956. (4) Nihon kôkuI Kabushiki Kaishahô, Law No. 154, August 1, 1953, as amended by Law No. 82, July 22, 1955. (5) Aircraft Mortgage Law, Law No. 66, October 1, 1953. (6) Airways Marking Law, Law No. 99, May 24, 1949. (7) Civil Aeronautics Enforcement Regulation, Ministry of Trans- portation, Order No. 56, July 31, 1952, as last amended by Ministry of Transportation Order No. 20, June 6, 1960. (8) Civil Aeronautics Enforcement Order, Cabinet Order No. 421, September 16, 1952, as last amended by Cabinet Order No. 334~ June 6, 1960. (9) Aircraft Registration Order, Cabinet Qrder No. 296, October 1, 1953. (10) Aircraft Registration Regulation, Ministry of Transportation Order No. 50, October 1, 1953. (11) Regulation concerning compulsory attachment of Aircraft, Supreme Court Regulation No. 16, October 1, 1953. (12) Regulation concerning Judicial Sale of Aircraft, Supreme Court Regulation No. 17, October 1, 1953. PAGENO="0928" 922 AIR LAWS AND TREATIES OF THE WORLD LEBANON AVIATION LAW IN LEBANON, PROMULGATED ON 11th. JANUARY 1949.' The House of Deputies has passed and, The President of the Republic publishes the following Law: CHAPTER I AIR SPACE Article 1. - The State has complete and absolute sove- reignty over the air space ~of its territory. The air space is that space covering the territory and territoriail waters of the State. Article 2. - No aircraft is allowed to fly over, or land on, Lebanese territory without first having obtained ~permis.~ zion from the Minister of Public Works or having acquired the recognised right to do so under `an accord concluded between Lebanon and the country to which it belongs. CEIIAPTEIR II AJRCFEA~2 SUB-cELAPTEII~, I TYPES OF AIRCRAFT Article 3. -. For the purpose of this Law, every machi~~ lie capable of taking off and flying shall be deemed an air- craft. This definition includes airships and balloons of all kinds. Article 4. -- Aircraft shall be classified as Governmen- tal and civilian aircraft. (a) Governiniental aircraft are subdivided into military aircraft and civil aircraft. 1 English text supplied by Lebanese Government. PAGENO="0929" AIR LAWS AND TREATIES OF THE WORLD 923 1) Military aircraft are those belonging to the army and used for national defence. Their military capacity shall be established by their registration certificates. 2) Aircraft belonging to other public services e.g. Gendarmerie, Police, Customs, Public Health etc. shall be considered as Governmental civil aircraft. (b) Civilian aircraft are subdivided into Commercial and Private 1) All aircraft used for the transport of goods, passeR-. gers and mail against payment shall he considered as corn-. mercial aircraft. 2) Every aircraft possessed by an individual or an orga- nisation and used exclusively for the private purposes of its owners shall he considered as a private airc~aft. Article 5. - The Minister of Public Works shall specify marks distinguishing each type of aircraft. Article 6~ - Each type of aircraft shall be subject to the rules specified in this Law and the decrees and decisions issued there-under or by international conventions. SUB-QHAPTER 2 NATIONALITY, OWNERSHIP AND RJ~X+ISTLRATION OF AIRCRAFT Article `3. - Aircraft shall be classified according to their nationality under two categories national and foreign aircraft. Article 8. - Each aircraft must have a nationality ani may not be recognised by more than one nation at the same time. Article 9. - Every aircraft registered in Lebanon shall be considered as a Lebanese aircraft. Article 19. - The Communications Directorate of the Ministry of Public Works shall keep a register of aircraft. 67717 O61~~~9 PAGENO="0930" 924 AIR LAWS AND TREATIES OF THE WORLD ~The following conditions must be fuLfilled for registration that the aircraft is not registered in another State ; that it should be entirely owned by Lebanese citizens or by a company fulfilling the following conditions 1) In the case of a private company, (soclété en nom collectif) aLl! partners must be Lebanese. L2) In the case of a partnership (société en cominandite) ;all active partners must be Lebanese. 3) In the case of a limited liability com~pany, its natio-~ .nality must be Lebanese as well as that of the chairman of the board of directors and the majority of the board. Article 11. - Every aircraft registered in Lebanon must bear 1) the Roman letters O.D. indicating its Lebanese na-S tionaility, 2) the registration mark designated by the Minister of Public Works. Any aircraft not registered in Lebanon and not bearing the letters and sign above mentioned shall be considered as foreign. Article 12. A Lebanese aircraft forfeits its nations.-. lity in the following cases:- a) when the conditions prescribed by the preceding ar- * tides are ~ longer fulfilled. b) when its owner's nationality is changed or it is sold to a foreigner. C) When it is registered in a foreign country. d) If it is destroyed, lost, or becomes unserviceable. The aircraft shall be struck off the register in any of the above mentioned cases. Article 13. - The owner of a Lebanese aircraft must immediately notify the Minister of Public Works of any change provided for by the preceding article. This he shalt do by returning the registration certificate of the aircraft. Such a change shall not be considered as valid vis-~-.via PAGENO="0931" AIR LAWS AND TREATIES OF THE WORLD 925 ether states until the aircraft is struck off from the aircraft. re~istratiofl book. Article 14. - Foreigners residing in Lebanon rnay register their aircraft in a special register of foreign aircaft if such aircraft are not registered in another country. These~ planes will be used only within the Lebanese borders. Such. aircraft shall be .granted the authorisation prescribed under Article 2 and may not be allowed to cross the Lebanese. borders. Such aircraft shall be subject to the provisions of the air navigation regulations and to the conditions of their re- gistration. Article 15. - All Lebanese aircraft shall be recorded on.. the special register prescribed by Article 10. Similarly alL foreign aircraft sha~l be recorded on the register mentioned. under the preceding article. There shall be recorded in the register the name and. domicile of the owner, the type, name and identification number of the aircraft as well as all specified riShts and. agreements affecting it. Such rights and agreements shall. be valid vis-ä-vis .others only with effect from the date of their entry in the register. Article 16. - Applications for registration shall be sub- mitted to the Communications Directorate of the Ministry of Public Works, which will allot registration marks and. furnish each with a certificate of registration. Article 17. - Aircraft shall be regarded as moveable.: property according to the laws and regulations in force in Lebanon. Transfer of ownership must, however, be effec- ted by a deed which shall not be valid between the con- tracting parties and vis-à-vis others except after its being recorded in the appropriate public register. Article 18. - The transfer of ownership of an aircraft whether through inheritance, mutual agreement or for any PAGENO="0932" 926 AIR LAWS AND TREATIES OF THE WORLD mother reason must be entered in the register. Similarly the new owner must register every legal decision regarding ~transfer or establishment of ownership. The transfer of ownership shall only become valid from the date of its entry in the register; Article 19. - Only registered aircraft may be insured. The insurance policy shall take effect only from the date ~of its registration. The insurance policy may include a com- prehensive cover instead of making the insurance *cons~- quent only on the total loss or damage of the aircraft. Article 20. - Every person acquiring a right to an air- ~craft in good faith by virtue of an entry in the register shall remain in possession of that right. SUB-cH~AP'II~R 3 lITRE OF AJ1WRAJ~ Article 21. - In the event of an aircraft being hired -for several consecutive years or for a specified period, its pilot and crew shall continue to be under the management ~of Its owner in the absence of any agreement to the con- trary. Such an agreement can be made only with the ap- proval of the Ministry of Public `Works. Article 22. - The owner of an aircraft hired to another fperson shall remain responsible for the legal obligations and shall jointly be responsible with the lessee for the contra- ventions of such `obligations. Nevertheless in the event of the `lease agreement being recorded in the Register and the lessee fulfilling the legal conditions for acquiring a Lebanese aircraft, the lessee as operator of the aircraft shall alone be responsible for the iegal obligations and for their contraventions. SUB-OlI~APTER 4 SEIZURE OF AJR~JRA~ Article 23. Confiscation and cothpuil.sory sale of air- PAGENO="0933" AIR LAWS AND TREATIES OF THE WORLD 927 craft shall be carried out in accordance with the rules pro~ vided for by the Code of Civil Procedure save in special cases provided for by international treaties and conven- tioris. Seizure shall be recorded in the special register of air- craft. Article 24. In case of damage *caused on land~ through the crash of .a foreign aircraft or a Lebanese air- craft whose owner is domiciled abroad, or in the ev.ent of a ~OreigT1er contravening the provisions of this Law, the lo- cal Public Authorities or the officials mentioned in article. 63 of this Law may call on the Public Security Forces to detain the aircraft for 72 hours to enable the Judge of the Peace of the area to visit the spot and determine the cx- tent of damage. The Judge may then order an immediate deposit of the. estimated amount of damages and expenses together with ones in case of contravention. If a deposit or guarantee for the same is not produced he shall order the seizure of the aircraft pending settlement of the case. Article 25. - The Ministry of Public Works may order the confiscation of any national or foreign aircraft not f:ul- filling the conditions prescribed by this Law or the decrees and decisions issued for its implementation or if its ~pilot has infringed such provisions. Article 26. Confiscation of aircraft may only be~ ordered in the cases prescribed by the existing laws and. regulations or those subsequently enacted. OHAPT~R III FLYING STJB-IHAPTER I FLYING EIGHTS Article 27. - Foreign military aircraft may not fly PAGENO="0934" 928 AIR LAWS AND TREATIES OF THE WORLD over or land on Lebanese territory except with an autho- rization from the Ministry of PUblic Works after obtaining the consent of the Minister of National Defense save in the cases provided for by international treaties and agree- ments. Article 28. No foreign non-military aircraft may fly over L4ebanese territory unless authorised to do so un- der international convention or possessing a special or a temporary licence issued by the Minister of Public Woks in which cases it will receive the same treatment as that accorded to Lebanese aircraft by the State to which that aircraft belongs. Article 29. The establishment and exploitation of reg~ilar international airlines are subject to a prior autho- risation from the Council of Ministers. Article 30. - Aircraft are not allowed to fly over pri- vate property in a way n-iimical to the rights of the ow- ner. With a view to ensuring public safety the Minister of Public Works shall determine the routes he deems it appropriate for aircraft to follow. Article 31. - Flying over certain Lebanese areas may be prohibited for military or public security reasons. Such areas shall be determined by a Decision from the Council of Ministers on recommendation of the Minister of Natio- nal Defence. In special cases flying may be temporarily forbidden over the whoie or part of the Lebanese territory. Any aircraft entering a forbidden area must, imme- diately on rea~ising or being warned to that effect, land at the nearest aerodrome outside that zone. Article 32. -~ In the event of martial law being pro- claimed in any part of the Lebanese territory over which flying is prohibited, any aircraft contravening such prohi- PAGENO="0935" AIR LAWS AND TREATIES OF THE WORLD 929 bitlon shall be seized immediately after landing in any part of Lebanese territory and all its occupants shall be referr- ed to militady courts on the charge of espionage unless the pilot can state the reasons which forced him to fly over that area. Article 33. - An aircraft committing an infringement must be warned by blank shots. It must immediately decrea se speed and descend, landing on the nearest aerodrome, failing which it shall be compelled to do so by force. Article 34. - Aircraft are forbidden, save in absolute necessity, to fly over a town, a populated spot, a common. meeting place such as beaches, race-courses, sporting stadiums, and the. like, except at an altitude enabling it to land outside the above places or on a public aerodrome, even in case of engine failure. `IThie altitude in such a case must be over 500 metres for multi-engined aircraft and 700 metres for single-engined, aircraft. Article 35. Acrobatic flying .as w~l as dangerous and unnecessary manc~uvres are forbidden over towns, po- pulated spots, or the part of aerodromes reserved for the public. Article 36. No exhibition flights can be made anywhe- re unless with a special authorisation of the Minister of Public Works. Such an authorisation shall not exempt the aircraft owners and the exhibition organizers from com- plying with the regulations relative to the organisation of public 3pectacles. SUB-QELA~PTER 2 LANUING OF AIRORAFI' Article 37. ` All aircraft whether desirous of landing on Lebanese. territory or crossing its `borders must foll6w the recognised routes. PAGENO="0936" 930 AIR LAWS AND TREATIES OF THE WORLD Article 38. Except, in cases of < force maj:eure >~ air~ craft are not allowed to land or take off except on public aerodromes or on special places established for this ~pur.. pose. Pilots must, on arrival at or departure from an aero~ ~drome, comply with the general regulations of aviation and the special regulations of the aerodrome. Article 39. - Following his landing the pilot of an air~ ~craft or a member of his crew must notify the aerodrome authorities of any accident involving the aircraft and ~entailing the death of or injury to a person or substantial damage to the aircraft. A technical investigation shall' be carried out to ascer- tam the causes of the accident inde~pendently of any other inquiry carried out by the legal authorities. Article 40. Every aircraft entering Lebanese terri- tory must land on a government aerodronie with c'us.. `toms facilities and take off from such an aerodrome on leaving Lebanese territory, unless the aircraft is authorised `to pass over Lebanese territory without landing thereon. Article 41. If an aircraft is forced to land on Leba- nese territory, without authority to do so, as a result of an accident, bad weather or any other reason, it must land on the nearest customs aerodrome on its route. If an aircraft whether pr not authorised is forced to land outside a Customs aerodrome, its pilot must notify the nearest Public or Customs Authorities he can reach. He must, in either case, give evidence *of the reasons which forced him to land. He may not resume his journey until the Authorities have checked the aircraft's register and declaration of * freight if any. Article 42. - In the event of a pilot being forcei to land his aircraft on privately Owned land the owner may PAGENO="0937" AIR LAWS AND TREATIES OF THE WORLD 931 oppose the departure of the aircraft or its removal from. his land till the arrival of the nearest local Authorities for~ the enforcement of the provisions of article 24. Article 43. - Customs aerodrornes and frontier posts.. shall be designated by decree. STJB-~c~HAPT~R 3. AEROI~ROMES Article 44. Any plot of land or surface of water especially prepared for taking off and landing of aircraft. and destined to serve public or private flying interests... shall be deemed an aerodrome. Article 45. Any land suited for landing and tak-~ ing off but not affording the necessary facilities for public. use such as hangaring and servicing of aircraft, or accep-~ tance of ~passengers and freight shall be deemed an air- field. Article 46. - No private aerodrome or air-field may be established without the approval of the Council of Mi~ nisters, with due regard to the international regulations respecting aerodromes. Article 47. Applications for authorisation to set up~ private aerodromes must be acconWanied with the follow- ing documents 1) A general map on which is indicated the site of the. aerodrome in relation to the neighbouring towns. 2) A map of the proposed aerodrome and .its neigh- bourhood for a distance of 1000 metres starting from th& aerodrome border, with a scale of not less than 1/1.500. 3) A note stating the proposed use of the aerodrome~ 4) A written consent of the land owner to use his property as an aerodrome. 5) The regulations concerning the use of the aerodrome.. PAGENO="0938" 932 MR LAWS AND TREATIES OF THE WORLD Article 48. The Ministry of Public Works shall ins- titute a technical inquiry and pass it to the Council of Mi-~ nisters who shall decide whether to accept or reject the application, without being required to give reasons for the rejection. The Council of Ministers may, at any time, decide the introduction of any necessary repairs on aerodromes or air- fields, at the expense of their owners to make them con- form to flying regulations or to protect the public interest.. Article 49. - Owners of private aerodromes must. keep a register recording the times of arrival and depar- ture of aircraft and produce that register to the authorise~1.. inspectors at their request. They must also permit the lat- ter to inspect aerodromes at any time. SUB-~APTER 4 FLYING REGULATIONS Article 50. - No aircraft will be allowed to fly in the Lebanese air space unless it is registered and it holds a cer- tfficate of serviceability. Such a certificate is issued in accordance with the technical appendix << E >> of the Chicago Convention. Certificates issued by foreign States may be accepted. provided they are approved by the Ministry of Public. Works. Article 51. Authorisation for flying shall be gran-. ted on the following conditions a) Marks of nationality and registration must clearly appear on the aircraft. .b) The aircraft must have all the necessary equipment. required for its particular type of flight. C) The members of the crew must have all the quali-. fications prescribed by the international regulations, laws~ and conventions and be in possession of licences issued by the authorities which registered the, aircraft.. PAGENO="0939" AIR LAWS AND TREATIES OF THE WORLD 933 - The crew shall be held to comprise the pilot, co-pilot mechanics and all other flight personnel. Article 52. -~ Permits given to an aircraft and its owner shall be personal and will be rendered invalid in the case of change of ownership. Permits are granted for a li~ mited period or for .a fixed journey. Article 53. - In case of test fiights or instructional flights a special authorisation from the Minister of Public Works may be obtained in place of the permit. Article 54. Each aircraft prepared for flight must hold the following documents. * a~ Registration certificate. b) Certificate of airworthiness. c) Pilot and crew licences for each person according to his rOle. d) Licence for installation and use of radio, if any. e) log-book. f) List of passengers showing the place of departure snd place of destination in the case of aircraft carrying passengers. g~ Detailed << manifest > of freight in the case of air- craft carrying freight. Aircraft owners must retain such registers for 3 years after the date of the last entry. Article 55. The Pilot and crew of any aircraft engaged in international aviation must hold licences or ipermits issued in accordance with the technical appendix ~< E >~ of the Chicago Con~ention. Article 56. - The log-look must contain the follow- ing Date - names and firnetions of the crew - places o.~ take off and landing - times of take off and landing - number of flying hours -~ kind of flight - notes and obser- PAGENO="0940" 934 AIR LAWS AND TREATIES OF THE WORLD vations signed by the person in charge - visas and a num.- bered passenger list. Article 57. - Unless special authority is obtained from. the Council of Ministers it is forbidden to carry explosives, military arms and ammunitions, carrier-pigeons, letters included within the Post monopoly and every other articLe the tran~port of which may be prohibited by decision of the Council of Ministers. Article 58. Every commercial passenger aircraft must carry radio equipment in accordance with the requi- rements of the International Civil Aviation Organisation. Article 59. - Aircraft may not use any radiotelegra- phic or radio-telephonic or photographic equipment unless with permission of the Minister of Public Works on jhe approval of the Minister of Posts and Telegraphs. Article 60. - Every aircraft landing on an aerodro- me, airfield or on private land sha2l be subject to the con- trol and supervision o~ the Public Authorities. Article 61. Every aircraft flying over the Lebanese: territory must comply with the orders of the Police posts, Customs `posts and Government aircraft, in whatever form such orders may be given. Article 62. - The regulations relative to the entry and exit of persons import anci export of goods by way of road or sea shall apply to the entry, and exit of persons and import and export of goods by air. Article 63. - The representatives of the Customs De- partment, Public Security, Public Health and other off!- cials nominated by the Minister of Public Works may or.. der any flying aircraft to land. They are empowered, without. effecting any prior formalities, to carry out inspection and~ examination of both the aircraft and its contents and to PAGENO="0941" AIR LAWS AND TREATIES OF THE WORLD 935 ~forbid its flying contrary to the provisions of this Law arid the decrees and decisions promulgated thereunder. They ~haAl have in that case the powers of judicial officiers. The above-mentioned representatives may seize the aircraft or any document, person or goods on the aircraft pending the execution of the measures decided upon by the Authorities concerned and the completion of the legal iormalities. CHAPTER IV AIR TRANSPORT SUB-cHAPTEcR 1 TRA~NSPOET OF FRIl~LGK~ Article 64. - Agreement for transport of freight by air is fulfilled by a bill of lading or receipt specifically mentioning that transport is effected by aircraft. Article 65. - Before the departure and on the arrival of the aircraft, the pilot must submit to the Customs besi- des the log-book the following documents 1) The manifest and declaration prescribed by article 54 if the aircraft is carrying goods. 2) A list of goods carried. Article 66.. - The carrier will be held responsible for the loss or damage of the goods in transport except in the case of force-majeure or an original defect in the goods. Nevertheless, unless the value of the goods is declared the carrier's responsibiii~y shall 1e limited to the sum of £Leb.25 per kilogramme. Article 67. - The carrier may exonerate himself by an explicit clause from responsibility respecting the goods under the preceding article resulting from air hazards or errors committed by the crew. Nevertheless such a clause shall noi relieve the carrier of responsibility unless: the air- craft is in a condition fit for navigation on its departure PAGENO="0942" 936 AIR LAWS AND TREATIES OF THE WORLD -and its crew in possession of regular licenees. In that case alone, the licences in question shall be considered evidence of non-culpability and make it incuin-thent on the ~rejudiced party to prove the contrary. Article 68. Any clause intended to exonerate the carrier from responsibility respecting an act done by him.. self or by any of his staff in connection with the loading, preservation and delivery of the goods shall be null awl void. Likewise any clause intended to free the carrier from re~ponsibility for his personal errors shall be null and not binding. Article 69. The pilot ~f an aircraft may order while en route the jettison of load~ed goods if the jettison is indis-. pensable for the safety of the aircraft. He must jettison the -cheaper goods first when possible. He shall incur no res~ ponsibility towards the sender and the consignee for the loss of such goods. P~esponsibility for damage to the ter~ rain shall remain unaffected. Article 70. - With due regard to the preceding provi.. -sions the regulations of commerciai law shall apply to air transport. SUB-CHApTER 2 TRANSPORT OF PASSENGERS Article 71. The booking ticket delivered to the pas-. .senger is considered as a contract for li-is transport. Article 72. Aircraft must hold a copy of the passen- gers list to produce at the request of the competent autho- rities. This, however, does not apply to aircraft overflying the country. Article 73. In the case of international transport, the carrier must not accept passengers save after ensuring that they have the necessary -permits~ to land at the des- PAGENO="0943" AIR LAWS AND TREATIES OF THE WORLD 937 t~nation and intermediate landing places. The carrier may not exonerate himself by a special clause from responsibility for passengers and any clause of this kind shall be considered as null and void. ~ 3 USE OF AIRCRAVF iN CASES OF EMERGENCY Article 74. - In case of emergdflcies, e. g. flood, epi- demics etc. the Minister of Public Works or the compe- tent authorities may provisionally requisition all aircraft on Lebanese aerodromes of Whatever nationality. C~AP~I~R V. DAMAGES ANT) LIABILITIES Article 75. - Pilots when flying must con'~ply with fly~ ing regu~ations and the designated routes, and with lights and signals and take all necessary precautions to avoid da- mages. Article 76. The public laws and particularly the lw relating to contractual obligations shall apply to the res- ponsibility for damage caused by one aircraft to another aircraft while taking off: The owner or renter, whichever is the case, is legally responsible for the damages caused by his aircraft or the objects falling therefrom, to persons or properties situated on the terrain. That responsibility may not be extenuated or removed except on proving that the error arose from the person suffering damage. It is forbidden to throw goods or articles of any kind. out of an aircraft save in case of force majeure. Article 77. If an aircraft is hired, both the owner and renter shall be jointly responsible to others for the cia- mages caused by the aircraft. Provided, however, that if PAGENO="0944" 938 AIR LAWS AND TREATIES OF THE WORLD the lease agreement is recorded in the register the ren~ ter alone shall be responsible unless he proves that the er- ror arose from the fault of the owner or that the accident arose from force majeure. CHAPTER VI JU1USDRJTIONS IN AVIATION LfTI(~APION SUB-CHAPTER 1 RULES OF COMPETENCE Article `~8. - Cases for determining responsibility may be referred at the plaintiff's option either to the court of the locality where the damage occurred or to that of the defendant's dcimicile. If the case relates to damages caused to an aircraft during its journey, the court of the locality where the aircraft lands shall be the appropriate court to consider the case. SUB-CHAPTER 2 INQUESTS INTO CASES OF INFR~NGEMENTS Article ~9. Inquests into infringements of this Law shall be carried out by every official sworn to tb~s effect representing Police, Gendarmerie, Customs, Publi~ Works or Public Security, each according to his competence. In ompliance with article 57 of this Law the above mentioned Authorities may seize ex~plosives, military arnis and ammunitions, carrier pigeons, mail communications, radio-telegraphic and radio-telephonic equipment carried by aircraft without authorisation. These authorities may also seize the bove articles even when their transportation is authorised if the aircraft flies over a prdhibited area. Article 80. - The above-mentioned officials are em- powored to seize any aircraft the pilot of which does not produce its licence or if its registration mark does not correspond with that of the registration and airworthiness certificates. Such seizure shall last until the aircraft iden- PAGENO="0945" AIR LAWS AND TREATIES OF THE WORLD 939 tity is proved or its owner produces a certificate of air- worthiness. Article 81. - A Procès-verbal shall be drawn up and forwarded immediately with the inquest proceedings to the Public Prosecutor of the Court concerned. CHAPTER VII PENALTIES Article 82. ~- Imprisonment for a period of one week to one month and a fine of 50 to 2,000 Lebanese pounds or either panalty shall be imposed on any aircraft owner com- mitting any of the following contraventions 1) Using or keeping ready for use an aircraft without obtaining registration and airworthiness certificates or wi- thout displaying the registration mark prescribed by Arti- cles 6 and 11. 2) Using or keeping ready for use an aircraft Whose airworthiness certificate he knows to have become invalid. Article 83. - The same penalties shall be imposed on a pilot for the following contraventions 1) Piloting an aircraft without licence. 2) Destroying the flight log-book or entering therein sta- tements he knows to be incorrect. 3) Landing on other than the designated aerodromes without a just cause. 4) Knowingly piloting an aircraft in any of the cases quoted under the preceding article. 5) Flying over any of the places forbidden under arti- cle 31. Article 84. - The penalty prescribed by article ~2 shall be doubled when the contraventions quoted in para- graphs (1) of articles 82 and ~3 are committed after the rejection *or withdrawal of the registration certificate, the airworthiness or the aviation certificate or licence, or when the delinquent has been forbiden to operate an aircraft. 67717 O-61--60 PAGENO="0946" 940 AIR LAWS AND TREATIES OF THE WORLD Article 85. Aircraft pilots contravening the provi- sicns of articles 2, 8, 27, 31,: 32, and 33 ~hall be liable to a fine ranging between £.Leb.1OC) and £Leb. 2,000 and im- prisonment for a period ranging from 15 days to 3 months. Article 86. - A fine ranging between £Leb. 100 to £Leb. 4,000 and imprisonment for a period of 6 months to 3 years shall be imposed on any aircraft owner, renter or pilot if he applies to it registration marks not correspond~' ing with those specified on its licence, or if he defaces the correct marks or makes them illegible or uses an aircraft with incorrect marks. The same penalties shall be applicable to any person giving orders for the commission of any such violations. Article 87. The penalties set out in article 82 shall be applicable to 1) Anyone contravening the provisions of Article 57. 2) Anyone using without licence photographic appara- tus over prohibited areas or using articles or apparatus the carrying of which is prohibited. The Court may order the seizure of the articles men- tioned in the preceding 2 paragraphs. Article 88. - A fine of up to £Leb. 10 and imprison- ment up to ten days or either penalty shah be ~pp1icabie to 1) A pilot who fails to keep all the prescribed regis- ters in his plane. 2) A. pilot who fails to retain any of the foresaid registers for a period of 3 years after the date of the last entry. 3) Anyone contravening any of the provisions of arti- des 34, 35, 36 and 38 of this Law. Article 89. - The sentence passed against a pilot con victed under articles 84,85,86 may include the penalty of forbidding him to fly any aircraft for a period ranging PAGENO="0947" AIR LAWS AND TREATIES OF THE WORLD 941 between 3 months and 3 years. A convicted pilot deprived of his pilot's licence must de- posit his licence within 5 days from the date of the confir- mation of the sentence with the Ministry of Public Works for retention during the period of deprivation, failing which he shall be liable to imprisonment for a period from 10 days to one month and a fine from £Lieb. 10 to £Leb. 100. This shall not exonerate him from the application of the penalties prescribed 1~y article 84 in the event of his piloting an air- craft during the period for which he is grounded. In that case all the penalties imposed shall be imposed independen- tly. Article 90. - Anyone entering into an area closed~ by the regulations or instructions cf airport authorities or who aflows cattle or beasts to enter, shall be liable to a fine of £Leb. 25 to £Leb. 200 and shall furthermore forfeit any claim to compensation in the event of any accident. Article 91. - Any contravention of the provisions of the last paragraph of article 76 shall be punishable by a fine of £Leb. 50 to £Leb. 300 and an imprisonment for a period ranging from 10 days to 2 months or either penalty. Article 92. Save when it is proved that the immedia- te landing of an aircraft would endanger its security ~r that of its passengers, any pilot who fails to land when he knows that his aircraft has caused an accident shaal be lia- ble to imprisonment for a period ranging, from 10 days to 2 months and a fine of £Leb. 10 to £Leb. 100. Article 93. The provisions of the Penal Code relative to repeated offences and mitigating circumstances shall be applicable to violations of the provisions of this Law, with the exception of the penalties relating to Customs contra- ventions. Article 94. - Procedures for the enforcement of this PAGENO="0948" 942 AIR LAWS AND TREATIES OF THE WORLD Law shall be formulated by a Decree to be passed by the Council of Ministers. Article 95. - Decision No. 216 of 17.9.1934 is repealed together with all legal texts conflicting with the provisions of this Law and incompatible with its contents. Article 96. - This Law shall be published in the Offi- cial Journal and notified wherever needed. PAGENO="0949" MEXICO DECREE AMENDING BOOK FOUR OF THE LAW OF GENERAL MEANS OF CoMMuNIoA~noN 1 The Congress of the United States of Mexico decrees: Article 1. Book Four of the Law of General Means of Communica- tions is hereby revised, and now reads as follows: BOOK FOUR-AERONAUTICAL COMMUNICATIONS CHAPTER I-GENERAL PROVISIONS Article 306. The space above the Mexican territory shall be subject to national sovereignty. For the purposes of this Law, the term "Mexican territory" shall include the surface area of the United States of Mexico, territorial waters and adjacent islands in both Oceans, as well as the Island of Guadalupe and the Revillagigedo Islands in the Pacific Ocean. Article 307. Civil air navigation over Mexican territory shall be governed by the international treaties and conventions which the Mexican Government has signed and ratified according to the Consti- tution, by this Law aiid its Regulations, and by all other laws and regulations which are applicable. Article 308. For the purposes of inspection, supervision and con- trol of civil air navigation, all civil aircraft in Mexican territory or which fly over it, as well as their crew, passengers and goods trans- ported shall be subject exclusively to the jurisdiction of the Federal Executive. Article 309. The following shall be subject to Mexican law: I. Events and legal acts which occur on board Mexican aircraft in flight, whether above Mexican territory or over non-territorial seas, as well as those occurring on board Mexican aircraft in flight over foreign territory, unless they be of such nature that they affect the safety or public order of the respective foreign State. II. Criminal acts which occur on board any aircraft which is over foreign territory, whenever they produce effects or are intended to produce effects on Mexican territory. The provisions of the Civil Code for the Federal District and Ter- ritories in regard to births and deaths on board a Mexican vessel shall be applicable to civil air navigation. Article 310. The owner, possessor or operator of aircraft shall be jointly liable with the commander or pilot for any violation of this Law and its Regulations resulting from orders given by said owner, possessor or operator. 1 PublIshed in Diane O/tcial of January 23, 1950, p. 6; errata: D. 0., May 11, 1950. 943 PAGENO="0950" 944 AIR LAWS AND TREATIES OF THE WORLD CHAPTER II-CLASSIFICATION, NATIONALITY AND REGISTER OF AIRCRAFT Article 311. For the purposes of this Law, "aircraft" shall be any vehicle which is capable of support.ing itself in the air. Mexican aircraft shall be classified as State aircraft and civil air- craft.. State aircraft shall be those owned by the Federal or State Governments and Municipalities or by local public organizations. All other aircraft shall be considered civil aircraft, whether engaged in public or private service. Civil aircraft used permanently in the service of the State shall be considered State aircraft. Article 312. The nationality and register of civil aircraft shall be governed by the following provisions: I. Aircraft shall have the nationality of the State where they are registered. II. No aircraft may have more than one registration. III. The formalities specified in this Law must be complied with to acquire, modify or cancel marks of nationality or registrations of Mexican aircraft. IV. Aircraft registered in another country may acquire Mexican register after their foreign registration has been cancelled. V. Aircraft shall acquire Mexican nationality by being registered in the Mexican Aeronautical Register and by obtaining a certificate of registration. VI. Registration of aircraft in the Mexican Aeronautical Register may be applied for by the owner thereof or by the person who holds title for him. Once an aircraft has been registered, the respective certificate of registration and of nationality shall be issued, to serve as identifica- tion and to prove registration. Article 313. Only Mexican citizens or Mexican entities having legal status may register in the Mexican Aeronautical Regist.er aircraft to be used for public service of transportation or private services of aerial photography, aerial topography and others of an analogous nature. Article 314. Cancellation of the registration of aircraft in the Mexi- can Aeronautical Register shall mean loss of its Mexican nationality. CHAPTER Ill-MARKS OF NATIONALITY AND REGISTER Article 315. All civil aircraft must bear distinctive marks of na- tionality and registration. The marks of nationality for Mexican aircraft shall be the letters XA for public service planes; XB for private service planes; and XC for planes belonging to the State. The Secretariat of Communications shall assign to each aircraft its registration mark which, together with that of its nationality, shall appear on the plane in the form and with the characteristics specified in the respective Regulations. Mexican aircraft used in international public service of transporta- tion must bear the national insignia, in the regulation form. PAGENO="0951" AIR LAWS AND TREATIES OF THE WORLD 945 CHAPTER IV-AIRWORTHINESS Article 316. The Secretariat of Communications will issue a certifi- cate of airworthiness to show that the aircraft has passed the pre- scribed tests and technical checks to enable it to fly under satisfactory technical conditions of safety. The obtaining, suspension and cancellation of the certificate of airworthiness shall be subject to the requirements set forth in the Regulations. Article 317. Unless there be proof to the contrary, it shall be pre- sumed that aircraft with a valid certificate of airworthiness has taken off under flight conditions which are technically satisfactory. Article 318. Aircraft, engines and parts which are built, repaired or modified may be placed in service without the approval of the Sec- retariat of Communications, in accordance with the Regulations. CHAPTER V.-TECHNICAL AVIATION PERSONNEL Article 319. The technical aviation personnel shall be composed of the members of the flight crew a.nd the ground personnel attached to the service of civil air navigation. In order to be a member of the technical aviation personnel, it shall be necessary to hold a valid license to perform specific duties, such license having been granted or recognized by the Secretariat of Com- munications, which may recOgnize or validate licenses issued abroad by the competent authorities, provided the requirements under which they were issued or declared valid are at least equal to the minimum regu- lations in force in Mexico for the granting of such licenses. The requirements as to age, nationality and good conduct for ob- taining aeronautical licenses, the qualifications, physical capacity, examinations, experience and skill necessary to obtain such licenses, the capacity granted to the holders and the powers granted by such licenses shall be specified in the respective Regulations, which shall also specify the duration, conditions for renewal, suspension and revocation of such licenses. Article 320. The Secretariat of Communications may permit that foreign technicians be employed temporarily to act as advisers or instructors of the Mexican aviation personnel whenever, in its opin- ion, this may be necessary for the performance of, or improvement on an aeronautical service. CHAPTER VL-COMMANDER OF THE AIRCRAFT Article 321. All aircraft to be used in public transport service shall be under the command of a commander appointed by the op- erator of the service, and shall be chosen among the pilots who form the flight crew. The commander shall be responsible for the directing, care, order and safety of the aircraft, the crew, the passengers and their baggage, and the freight and mail carried upon his taking charge of the plane for the takeoff. This responsibility shall cease at the end of the flight, when the representative of the company or any competent authority takes charge of the planes, the passengers, the freight, the baggage and the mail. PAGENO="0952" 946 AIR LAWS AND TREATIES OF THE WORLD Article 822. The commander of the plane shall record in the log all incidents which might have legal consequences and which take place during the flight, and make them known to the~ competent Fed- eral authorities at the first place at which he lands in Mexican ter- ritory or to the competent foreign authorities and to the Mexican consul if he lands outside the country. CHAPTER Vu-OPERATIONS Article 823. In order to conduct operations in Mexican territory, the owners, possessors or operators of civil aircraft and, in the re~ spective case, commanders and pilots must comply with the following requirements: I. They must use the type of aircraft required by. the respective license or permit, depending on the service for which it is intended. II. They must operate the aircraft within the limitations of its certificate of airworthiness. III. They must hold the certificates of registration and airworthi- ness, the licenses of the aviation personnel and other documents required. IV. Prior to starting the flight, they must verify that the certificate of airworthiness and licenses of the personnel are in order, and, except in case of emergency, must follow the flight plan to which the opera- tions are subject. V. They must land only at the airdromes authorized as adequate for the type of aircraft operated and for the service in uestion, except in cases of emergency. VI. Their aircraft must be equipped with radio equipment and such rescue equipment, as is specified in the Regulations for each type of aircraft. VII. They must comply with the provisions of the Regulations in regard to lights and signals for air traffic. VIII. They must load and unload passengers and cargo from the aircraft in such a manner that they do not obstruct the operations of other aircraft, or interfere with air traffic or traffic on the airdromes. Article 324. Civil aircraft must not: / I. Fly over zones which have been prohibited to navigation by the Federal Executive. II. Carry arms, ammunition, explosives and articles which, due to their inherent nature, might be a source of danger, without a permit from the competent authorities. III. Carry people who are in a state of intoxication or suffering from the effects of drugs, or without a permit from the competent authorities, bodies of dead people, people suffering from contagious diseases or mental cases. IV. Make acrobatic flights or maneuvers of a dangerous nature over cities and centers of population. Article 325. Clearance and dispatch of aircraft engaged in public service, as well as of their crew and passengers and baggage, freight and mail, must be effected in the rapid manner provided for in the Regulations. PAGENO="0953" AIR LAWS AND TREATIES OF THE WORLD 947 CHAPTER 17111-AIR TRAFFIC Article 326. Air traffic shall comply with the following rules: I. Control of air traffic, meteorological, aeronautical, telecommuni- cations services and aid to air navigation shall be within the jurisdic- tion of the Secretariat of Communications. To comply with the powers vested in it for such purpose, it shall order all the measures necessary for the greater efficiency and safety of air navigation, for the purpose of protecting human lives and property. It may there- fore grant licenses or permits for the rendering of such services, to technical organizations, which shall have the status of auxiliary or allied services of the means of communication and which shall be considered of public interest. II. All aircraft must use, as an obligatory safety requirement, the control services of air traffic, of aeronautical telecommunications, of meteorological information and of aid to air navigation. Such serv- ices shall be put at the disposal of all operations of aircraft on the basis, the conditions and the rates approved by the Secretariat of Com- munications. III. The Secretariat of Communications shall order the measures it deems necessary to extend and modernize the system of auxiliary installations to air navigation, and shall exercise care to insure that enterprises rendering public service and licensees of private service comply at all times with the safety requirements established in this Law and its Regulations. IV. Operations of military aircraft on the airways, in traffic con- trol zones or at civil airdromes shall be subject to the rules on air traffic contained in this Law and its Regulations. Any infringements committed during such operations shall be made known to the Secre- tariat of National Defense. CHAPTER IX-CIVIL AIRDROMES Article 327. A civil airdrome shall be any defined area of land or A~ater which is suitable for the taking off, landing and movement of /~vil aircraft. Civil airdromes shall be divided into airdromes for public service and airdromes for private service. The Secretariat of Communica- tions shall establish by declaration which are airdromes for public services and which are for private service, in accordance with the Regulations. Civil airdromes shall be subject to the control, inspection and super- vision of the Secretariat of Communications. An airport shall be any civil airdrome for public service having adequate facilities and installations for the operations of public service aircraft. Airports shall be classified in categories according to the nature of their facilities and installations. Airports shall be open to the public for their specified purposes, and services furnished there shall be charged for in accordance with rates previously authorized by the Secretariat of Communications. All international airports must be declared as such by the Federal Executive, and they must furnish the proper international services and meet the requirements specified in the Regulations. PAGENO="0954" 948 AIR LAWS AND TREATIES OF THE WORLD The Secretariat of Communications shall exercise authority over all airports, through the Commander appointed for the purpose. All authorities acting at international airports shall abide by the terms of the Internal Regulations of International Airports issued by the Executive. Article 328. A permit by the Secretariat of Communications in ac- cordance with the provisions of Chapter III of Book One, and Arti- cles 331 and 333 of Section III of this Law for a maximum initial term of thirty years, shall be required to build, commercially use, manage and operate airports. A permit from the Secretariat of Communications shall be required to build and operate private service airdromes. The owners of private service airdromes shall permit its use to any aircraft in an emergency. The approval and authorization of the Secretariat of Communica- tions shall be required in each case to build any kind of facilities and installations at civil airdromes. Structures and installations, on land adjoining and adjacent to airdromes, within their protective and safety zones, shall be subject to the restrictions specified in the protective Regulations. The owners and operators of civil airdromes shall allow the use thereof to aircraft of the State free of charge. This shall not apply to aircraft belonging to local public organizations. CHAPTER X-NATIONAL AIR TRANSPORT Article 329. Scheduled national public air carriers shall be subject to the following: a). The obtaining of a license in the manner set forth in Chapter III of Book I and Article 331 of this Law, as well as other applicable provisions; b). The air routes, frequency of flights, and time-tables previously approved by the Secretariat of Communications; c). The fee schedule according to rates previously approved by the Secretariat of Communications and duly made known to the public; d). Permanent accessibility to the public, subject to the provisions of clauses b) and c). Article 330. Non-scheduled public air carriers shall be subject to the following: a). The obtaining of a permit in the manner provided for in this Law and other applicable provisions; b). The carrying out of flights in accordance with agreements with the users of the service, in accordance with this Law and its Regu- lations; c). A fee schedule, subject to the provisions of the second para- graph of clause a) of Article 336. Article 331. In order to obtain a license or permit, as the case may be, for the establishment and operation of a scheduled or non-sched- uled public air carrier service the applicants must prove, to the satis- faction of the Secretariat of Communications: a). That the service satisfies public necessity and convemence; b). That the applicant has the required capacity and teclmical and financial means to operate the proposed service; PAGENO="0955" AIR LAWS AND TREATIES OF THE WORLD 949 c). That the applicant comes within the case provided for in Article 12 of this Law; d). That the other requirements specified in this Law, its Regula- tions and other applicable laws have been complied with. Article 33L?. In order to begin operation of a scheduled or non- scheduled public air carrier, the company in question must furnish proof to the Secretariat of Communications that it has itself or at its disposal, by whatever title or contract: a). Airdromes which meet the requirements of the service, accord- ing to the Regulations; b). Installations and auxiliary services for air navigation as re- quired by this Law and its Regulations; c). Flight equipment approved for the service and authorized tech- nical aviation personnel; d). Flight routes, rates, and schedules, approved by the Secretariat of Communications; e). The insurance required by this Law; f). Sucll other elements as required by the license or permit. Article 333. Failure to comply at any time with any of the require- ments specified in the preceding Article or with the obligations im- posed by the respective license or permit, or with the rules of this Law, shall be grounds for suspension of the services or forfeiture or revocation of the license or permit, without prejudice to other penalties specified in this Law. Article 334. The Secretariat of Communications shall fix the term of licenses and of permits in accordance with the following rules: I. Licenses for scheduled public air carriers shall be granted for an initial maximum period of thirty years. This period shall be deter- mined according to the economic importance of the service of the particular company, the amount of the initial investment and subse- quent investments necessary for the growth and improvement of the service, and such other points for forming a judgment as may be required; II. For permits for non-scheduled public air carriers, the time- limit shall be fixed according to the importance of t.he company and its initial investment; III. A public air carrier shall be entitled to extensions of the in- itial license for additional 10-year periods if, at the expiration of the initial term or of any of the extensions, said licensee furnishes proof of satisfactory fulfillment of all obligations and of having made im- portant improvements in the service. Article 335. At the expiration of the license or of an extension thereof, the Federal Government may acquire all the property and rights used in the air transportation service of the company in ques- tion as well as the company itself. The price shall be fixed by mutual agreement or, in its absence, in the manner set forth in the law. Article 336. The Secretariat of Communications may: a). Grant a permit for special public transportation flights; how- ever when such flights are intended to be made between points con- nected by a scheduled carrier, the permit shall only be granted in the event that the company that has the license for that service is unable to make the flight. PAGENO="0956" ~5O AIR LAWS AND TREATIES OF THE WORLD The rates charged for such flights may not be less than those author- ized for the respective scheduled service; b). Authorize flights for exploration purposes and technical studies over unexplored routes, for the purpose of obtaining information and evidence regarding the establishment of air transportation serv- ices. Such authorizations shall be granted for a maximum term of three months, and may not be extended. CHAPTER xI-INTERNATIONAL AIR TRANSPORT SERVICE Article &97. International public air carriers shall be~ classified as: a). Scheduled Mexican international carriers. h). Non-scheduled Mexican international carriers. c). Scheduled foreign international carriers. d). Non-scheduled foreign international carriers. Such service, from or to Mexican Territory, shall be rendered in accordance with the following conditions: I. Scheduled Mexican international carriers, under a license ap- plied for and obtained in the manner set forth in Chapter III of Book I and in Articles 331 and 332 of this Law, and the applicable Regula- tions; II. Non-scheduled Mexican international carriers, under permits granted by the Secretariat of Communications, which shall be revoc- able at any time; III. Scheduled foreign international carriers, subject to a permit granted by the Secretariat cif Communications containing the same obligations as those imposed on Mexican companies for furnishing scheduled public air transportation; IV. Non-scheduled foreign international carriers, subject to author- ization granted in each case by the Secretariat of Communications. Whenever such flights are to be made between points or areas served by a scheduled Mexican international carrier, authorization may only be granted to the foreign carrier if the Mexican carrier is unable to make the flight. Both licenses and permits shall be in accordance with applicable international treaties or agreements. Permits and authorizations for foreign international carriers shall be subject to reciprocity treatment, and the Secretariat of Communications shall ensure that, in granting such permits and authorizations, the safety of the Nation i~ not en- dangered or the rights of Mexican carriers injured. Article 3~8. Foreign aircraft must comply with the following re- quirements in entering and leaving Mexican territory: I. Follow previously specified air routes and land at the in- ternational airports specified by the Secretariat of Communications; II. Comply with the safety requirements established in this Law and its Regulations as well as the rules of their own country with re- gard to marks of nationality and register, weight, instruments and safety and rescue equipment, as well as carry a certificate of airworthiness. The crew must also carry the proper licenses and per- tinent papers; III. In the case of foreign aircraft engaged in internationai public air service which fly in transit over Mexican territory or which land therein without taking on or discharging passengers, freight or mail, PAGENO="0957" AIR LAWS AND TREATIES OF THE WORLD 951 prior and timely notice must be given in each case to the Secretariat of Communications. Further, the passage in transit and landing of these planes shall in each case be subject to the provisions concerning customs, population and police. Article 339. Owners of Mexican civil aircraft who desire to take them abroad, must obtain a permission from the Secretariat of Com- munications. This rule shall not be applicable to duly authorized com- panies which operate a Mexican international transportation service. CHAPTER XII-PRIVATE AIR SERVICES Article 340. The following shall be deemed aircraft in private service: a). Aircraft used for pleasure and private purposes of the owner; b). Aircraft engaged in aerial work, such as aerial photography, aerial topography, commercial publicity and other work of a similar nature; c). Aircraft engaged in the private service of a company; d). Aircraft used for scientific purposes of civil aviation, such as the exterminating of agricultural pests, artificial creation of rain, educational flights and others of a similar nature; e). Aircraft belonging to private aeronautical schools. Article 341. Operations of aircraft in private service shall be sub- ject to the following rules: I. The obtaining of certificates of registration and airworthiness shall suffice for the operation of aircraft in private service used ex- clusively for the private purposes or pleasure trips of their owners; II. Aircraft in private service must be flown by qualified technical flight personnel; III. The owners of aircraft in private service used for aerial work, the private service of a company, the scientific application of civil aviation or instruction must obtain a permit from the Secretariat of Communications. This permit shall be subject to the following conditions: a). Aerial photography, aerial topography and work of a similar nature may only be carried out by Mexican companies, and the techni- cal personnel in charge of such work, and the crew of the aircraft must be Mexicans; b). In the case provided for in clause d) of Article 340, the com- panies, the flight crew and the personnel in charge of carrying out the work preferably shall be Mexicans; IV. Aircraft used for private service may in no case undertake public transportation services; V. The owners or possessors of foreign aircraft for private service, used exclusively for private purposes or pleasure, who wish to fly over Mexican territory or to land therein must give prior and timely notice to the Secretariat of Communications. The Secretariat of Communications may require the owners or crews of foreign aircraft in private service who wish to fly over Mexi- can territory or to land therein, to prove in each case that they have complied with the technical requirements relating to licenses and airworthiness in the country where the aircraft are registered. PAGENO="0958" 952 AIR LAWS AND TREATIES OF THE WORLD CHAPTER XTII-LIABILITY FOR DAMAGES Section One-Damages to passengers Article 342. Carriers holding licenses and permits for the public air transportation service, both scheduled and non-scheduled, shall be liable for damages caused by such transportation, as follows: a). For the death and injuries to passengers, or other damage suf- fered; b). For destruction of, or damage to passengers' baggage; c). For delays in transportation. For the purposes of this Law, it shall be understood that damage has been caused by transportation if it results from events occurring from the moment the passenger boards the plane until he disembarks, whether at the termination of the trip provided for in the transporta- tion contract or in case of forced or accidental landing. Article 343. In the cases provided for in clause a) of the preced- ing Article, the carrier must pay to the victim: I. The sum of $50,000.00 ~pesos] for death or permanent total disability; II. Up to a maximum of $20,000.00 [pesos] for iujuries causing per- manent partial disability; III. Up to a maximum of $10,000.00 [pesos] for injuries causing partial temporary disability. The amount of the damages payable in the cases provided for in clauses II and III of this Article shall be determined in accordance with the table of indemnities contained in the Regulations. The carrier shall guarantee payment of the damages provided for in this Article at the time it obtains the license or permit, in any of the following forms: a). By means of insurance obtained from a duly authorized com- pany, in such a way that its liability is covered to the satisfaction of the Secretariat of Communications; b). By means of a deposit in cash with Nacional Financiera S.A. for such amount as will guarantee the risk, in accordance with the provisions of the Regulations. Without prejudice to the damages mentioned in the preceding para- graphs of this Article, the company shall be in addition, liable to a maximum of $75,000.00 [pesos] in case of death or permanent total disability up to $25,000.00 [pesos] for other injuries to a person. Nevertheless the carrier shall not be granted the benefit of a limita- tion of liability provided for by this Article if it is proved that the damages were due to fraud of the carrier, its clerks or employees. Article 344. The indemnity for destruction of or damage to pas- sengers' baggage shall be limited to a maximum of $100.00 [pesos]. There shall be no limitation as herein established if it is proved that there was fraud or gross negligence on the part of the carrier, its clerks or employees. Article 345. The carrier must pay compensation to the passenger for any damage caused to him due to delays in transportation. This damage shall be limited to a maximum equal to the agreed price for the transportation. Article 346. The carrier shall be exempt from liability under this Section in the following cases: PAGENO="0959" AIR LAWS AND TREATIES OF THE WORLD 953 I. In the cases provided for in the penultimate paragraph of Article 343 and in Article 344, if it is proved that the carrier took all reason- able precautions to avoid the damage and the technical measures re- quired by this Law and its Regulations, or that it was impossible for it to take them; II. In the case provided for in Article 345, if it is proved that the delay was caused by bad weather or salvage operations, or for reasons involving the protection of human life or property; III. In all cases if it is proved that the damage was due to acts or circumstances caused by the victim or by illegal acts of a third person. Article 347. The right to receive the compensation provided for in this section and the determination of the amount of the indemnity in the cases provided for in the penultimate paragraph of Article 343 and Articles 344 and 345 shall be subject to the applicable provisions of the Civil Code for the Federal District and Territories. The right to sue for payment of the indemnities provided for in this section shall terminate after one year, reckoned from the date of the incidents which gave rise to the action or, if none, from the date of starting the trip provided for in the transportation contract. Damage suffered by individuals or things transported in private service aircraft shall be governed by the provisions of the Civil Code for the Federal District and Territories. Section Two-Damage to freight and invoiced baggage Article 349. Carriers holding licenses or permits to engage in public air transportation, whether scheduled or non-scheduled, shall be liable for damage caused to freight and invoiced baggage: I. For loss or damage suffered from the moment when it is received until the moment when it is delivered to the addressee. II. For delay in the delivery of freight or invoiced baggage, beyond the period provided for in the transportation contract and pursuant to the provisions of the Regulations. In the cases mentioned in clause I of this Article, the carrier must pay the following indemnity to the addressee or, lacking one, to the shipper: a). For loss of, or damage to freight, a maximum of $20.-[pesos] per kilo gross weight. b). For delay in delivery of freight, a maximum amount equivalent to the price of the transportation. c). For loss of, or damage to invoiced baggage, a maximum of $500.00 for each piece of luggage. The carrier shall be exempt from the liability mentioned in this section if it proves: a). That it took all reasonable precautions to avoid the damage as well as the technical measures required under this Law and its Regulations, or that it was impossible for it to do so; b). That the delay was caused by bad weather or salvage opera- tions or for reasons involving the protection of human life or property; c). That the damage was due to unlawful acts of a third person. The limits of liability referred to in this Article shall not be appli- cable if the freight or invoiced baggage was transported, by agree- ment between the parties, in accordanec with its declared value, in PAGENO="0960" 954 AIR LAWS AND TREATIES OF THE WORLD which case the limit of liability shall correspond to such declared value. In the cases referred to in this Article, the carrier shall guarantee payment of the appropriate indemnity in the manner provided for in the Regulations. Article 350. The right to receive appropriate indemnity for damage suffered, established in this section, and the fixing of its amount, shall be subject to the applicable provisions of the Civil Code for the Federal District and Territories. Claims for loss of, or damage to, and delay in the receipt of freight or invoiced baggage shall be made to the carrier within three days following the date of receipt or the date on which it should have been delivered. Failure of duty to file a claim shall prevent the bringing of the respective actions. The right to bring actions to demand payment of the indemnities established in this section shall lapse in ninety days, reckoned from the date the freight or invoiced baggage should have been delivered. Section Three-Damages to third persons Article 351. When the operation of an aircraft or objects which fall from it cause injury to persons or damage to property on the ground, liability shall be created by merely establishing the existence of the damage and its origin. This liability shall devolve on whoever owns or possesses the air- craft. For the purposes of this Article, "operation of aircraft" shall be deemed all movement of the same on the ground or in flight under operation of its own engines. Article 352. The indemnity for damages referred to in the pre- ceding Article shall not exceed the maximum limit for each class of aircraft, in accordance with the following table: Aircraft not weighing more than 5,000 kilos gross weight $60, 000 Aircraft not weighing more than 20,000 kilos gross weight 150, 000 Aircraft not weighing more than 40,000 kilos gross weight 300, 000 Aircraft whose weight exceeds 40,000 kilos gross weight 600, 000 When damage is caused to persons and property, the amount of the indemnity to be determined [for the damage] caused to such persons shall not exceed two-thirds of the damage suffered. When several people are damaged, the indemnity, without exceed- ing the aforesaid limits, shall be distributed proportionately to the damages suffered. The owners or possessors of aircraft shall guarantee the payment of the indemnity for which they are liable by taking out insurance with a duly authorized insurance company or by depositing with the Nacional Financiera S.A. the amount of their maximum liability. In the case of owners or possessors of two or more aircraft, the insur- ance or deposit shall be for double the amount, irrespective of the number of aircraft operated. The insurance or deposit shall be set up within fifteen days follow- ing the date on which the license or permit is obtained or the air- craft is registered. The Secretariat of Communications shall determine in what cases this obligation must be complied with by foreign owners of aircraft in private service. PAGENO="0961" AIR LAWS AND TREATIES OF THE WORLD 955 The guarantees shall be kept alive for the life of. the license, permit or registration. Individuals and companies that do not guarantee payment of the indemnities specified in this Article shall not enjoy the benefit of a limitation of liability. Article 353. Both the owner and the possessor of aircraft shall be exempt from the liability established in this section: I. When the damages are due to the victim's own fault or when they are the result of acts committed by a third person with intent to cause damage to the aircraft, the victims or the property; II. When the person operating the aircraft does so without the consent of the owner or possessor. Nevertheless, the latter must prove that, having taken the necessary preventive measures, it was impossible to avoid the unlawful use of the plane; otherwise the owner or possessor shall be jointly liable with the party who caused the damage. Article 354. In cases of collision of two or more aircraft, the owners or possessors shall be jointly liable for the damages caused to third persons or to property on the ground, each one within the limits established. Article 355. The right to receive the indemnity for the damages suf- fered referred to in this section, as well as the fixing of its amount, shall be subject to the provisions of the Civil Code for the Federal District and Territories which are applicable to the case. The right to bring actions to demand payment of such indemnity shall lapse in one year, reckoned from the date on which the inci- dents occurred. Section Fot~r-Mi~seellaneous Provisio~s Article 356. None of the provisions of this Chapter shall prevent the bringing of appropriate criminal actions. Any clause in transportation contracts inserted to establish lower limits of liability than those provided for in Article 343 of this Law, those provided for in this section shall be null and void. Nullity of such clause shall not imply nullity of the transportation contract. Nevertheless, the carrier and the passengers may agree on indemni- ties or guarantees which are higher than those fixed in this Ch~pter. Compliance with the provisions of this Law regarding the liability shall release all persons so complying from all civil, contractual or uasicontractual liability. Liability for damage suffered by the crew, employees or workers in the service of individuals or companies who undertake the opera- tion of civil aircraft shall be governed by the applicable provisions of the Federal Labor Law and other applicable laws. Article 357. Controversies of a civil nature which arise on ac- count of any accident suffered by aircraft or caused by one shall be determined and decided in accordance with Article 4 of this Law. CHAPTER xIV-ACCIDENT5, SEARCI-I AND SALVAGE Article 358. The investigation of accidents suffered by civil air- craft shall be made by the Secretariat of Communications. After the investigation, which shall include a hearing to the parties in 67717-61--61 PAGENO="0962" 956 AIR LAWS AND TREATIES OF THE WORLD interest, is terminated, the Secretariat, shall determine the probable cause of the accident and, in the respective case, shall levy the penal- ties and decide what administrative liability is in order. Should there be grounds for such liability, the facts shall be brought to the notice of the competent authorities. Article 359. Search and salvage operations, in the case of accidents to civil aircraft, shall .be of public interest and therefore the author- ities,. air carriers and private parties shall be under the obligation of tak.ing part in it within the scope of their capabilities and facilities, pursuant to the regulations governing search and salvage operations and the following rules: I. Search and salvage operations shall in all cases be carried out under the direction and control of the Secretariat of COnimunica- tions, and the expenses incurred for the rescue of the victims of avia- tion accidents. shall be for account of the carrier operating the air- craft. II. Any person having knowledge of an aviation accident shall notify the nearest authorities, who are under the obligatiOn of advis-' ing the Secretariat of Communications by the quickest possible means. Lacking a commander of the aircraft or competent aeronautical au- thority, the. first~ authority arriving at t.he place of the accident shall take responsibility for the aircraft, baggage, freight, and mail and provide whatever is necessary for the protection of and help to the pas- sengers and crew. III. Aeronautical inspectors, or if there be none, the commander of the nearest airdrome, shall be under the obligation of going person- ally to the place where the accident has taken place, of taking the necessary measures, and of sending immediately a detailed report to the Secretariat of Communications. IV. The Secretariat shall establish auxiliary search and salvage centers throughout the country. V. The owners or possessors of aircraft, or their legal representa- tives or agents and the pilots in charge of the respective aircraft, shall be under the obligation of notifying the Secretariat of Com- munications of any accident to their aircraft. VI. Air carriers shall be under the obligation of furnishing a re- port to people interested in any accident once they have specific in- formation in regard to any accident to their aircraft or whenever they consider it lost. Article 360. Aircraft shall be considered lost in the following cases: I. When the owner or possessor makes such a declaration under oath, subject t.o verification of the Secretariat of Communications; II. After three months have elapsed from the date on which the last official or private news were received from the aircraft and its whereabouts are unknown;. In both cases t.he Secretariat of Communications shall declare the aircraft lost and cancel the registration. Article 361. The Secretariat of Communications shall declare such aircraft abandoned and, with the assistanet of the other competent authorities, shall determine what should be done with the aircraft and the property in it. Aircraft shall be considered abandoned: I. When the owner or possessor so declares to the Secretariat of Communications; PAGENO="0963" AIR LAWS AND TREATIES: OF. THE WORLD 957 II.', When an aircraft remains at an airdrome f or a period of ninety days without undertaking any operations and without being under the direct or indirect care of its owner or possessor; III. When it has no registration number and the name of its owner and the place of its origin are unknown. CHAPTER XV-ENCUMBRANCES Article 36g. The following may be mortgaged: I. Aircraft; II. The entirety of an air carrier in which case the mortgage shall include all licenses or permits and, unless there be a specific stipula- tion to the contrary, the flight equipment, the navigation aids, the engines, propellors, radio apparatus, instruments, equipment, fuel, lubricants and other movable and immovable property used in the operations and considered as a unit. A mortgage to which this section refers may only be placed with the prior authorization of the Secretariat of Communications. Article 363. Engines, propellers, spare parts, radio apparatus, in- struments and other equipment may be pledged. In order that the pledge may be considered: as established, it must be actually and legally delivered to the creditor. In either case the pledge shall take effect against third parties as and from the date when it is recorded in the Mexican Aeronautical Register. A signed copy of the record shall be sent to the Public Registry of Property in the City of Mexico,: for such purposes as maybe in order. Article 354* Mortgage and pledge contracts shall contain, in addi- tion to the requirements under the laws applicable to the case, a de- scription of the aircraft and of the equipment mortgaged or pledged, stating marks of nationality and register, name of maker and series number or, if there is none, such data as will unmistakably identify the aircraft and, in the respective case, the other property included in the mortgage or pledge. Article 365. Tax debts shall have preference over mortgage credits and over those for salvage of the aircraft and those derived from indispensable and extraordinary disbursements for preservation of the aircraft. In addition to the preference established in this Article, the credi- tors for the last two reasons shall have the right of attachment. Article 366. In cases of attachment or any other judicial seizure of aircraft used for public transportation, the authority who has decreed the attachment shall issue the necessary rulings so that the service is not interrupted, and immediately shall make the situation known to the Secretariat of Communications. CHAPTER xVI-AERONAUTICAL INDtrSTRIES, SCHOOLS AND AVIATION CL1JBS Article 367. The following shall be considered of public interest: I. The establishment of aircraft factories and factories making aircraft engines and parts, and aeronautical shops; II. Aviation schools and centers of aeronautical research; III. Aviation clubs and model airplane clubs. PAGENO="0964" 958 AIR LAWS AND TREATIES OF THE WORLD Article 368. The Secretariat of Communications, in agreement with the Secretariat of Commerce, shall grant'licenses for the establishment of aircraft, engine and parts' factories. Licensees shall be under the obligation of submitting their prod- ucts to the tests demanded by the Secretariat of Communications so that, if approved, they may be given a certificate of approval which will authorize them to make other units of the same type. Article 369. Aviation schools, when they are private schools, shall operate under a permit which is temporary and revocable by the Secretariat of Communications, and they shall be subject to the in- .spection and technical supervision of that Secretariat. Article 370 Aviation and model airpFine clubs shall be oiganized as civil associations, and their activities shall be subject to the in- spection and supervision of the Secretariat of Communications, which shall furnish them technical advice whenever they so request. CHAPTER XVII-MEXICAN AERONAUTICAL REGISTER Article 371. The Secretariat of Communications shall keep a regis- ter to be called "Mexican Aeronautical Register", in which shall be recorded: I. The title by which the ownership, other property rights or the possession of the following are acquired, alienated, modified, encumbered, extinguished, rented or leased: a). Mexican aircraft; b). Civil airdromes; c). Aeronautical installations, beacons, radio guides, radiogoni- metrical stations, radio beacons and other aids to air navigation; d). Engines of aircraft; II. Licenses and permits under which air transportation is per- formed and the acts and decisions which modify or extinguish them; III. Licenses of Mexican aviation personnel, renewals, suspensions and cancellations thereof; The following shall be annotated on the margin of the record: 1. The marks of nationality and register of aircraft, modifications and cancellations thereof; b). Certificates of airworthiness, renewals and cancellations thereof; c). Insurance policies. The Regulations of the Mexican Aeronautical Register shall specify: its composition; the formalities to be complied with in regard to records and annotations made; the certifications to be issued, as well as charges payable. Article 372. The documents which must be recorded in the Mexican Aeronautical Register and are not recorded shall only produce effects among those who execute them and not against any third party, but the latter may avail himself of same insofar as they favor his interests. However, except as provided for in Article 383, if the registration should also be made in the Public Registry of Property pursuant to Article 6 of this Law, and the applicable provisions of the Civil Code for the Federal District and Territories, the provisions of that Code shall apply. Article 373. The registration of an aircraft may be cancelled: a). At the request, in writing, of the owner of the aircraft or of the holder of the certificate of registration; PAGENO="0965" AIR LAWS AND TREATIES OF THE WORLD 959 b). By order of the competent authorities~; c). When the aircraft is destroyed or lost; d). When the aircraft no longer fulfills the requirements for air- worthiness specified in the Regulations; e). At the expiration of the period of registration, whenever the registration is subject to a time limitation; f). When the aircraft is abandoned; g). For any of the other reasons specified in the Regulations. Registration of an aircraft which is encumbered cannot be cancelled without the consent of the creditor. Article II. Articles 555 to 570 inclusive and Article 590 of Book Seven of the Law of General Means of Communications shall be amended as follows: Article 555~1 A fine of from $250.-to $50,000.-(pesos) shall be imposed on the owner, possessor or operator of civil aircraft in the following cases: I. For allowing aircraft to fly: a). Without marks of nationality and registration; b). Without a certificate of airworthiness or certificate of registra- tion, or when such documents have expired or are false; c). With a crew who lack the respective licenses; d). Without the proper safety instruments and auxiliary equip- ment; e). Without making use of the auxiliary installations and services for aerial navigation, except in cases of force majei~re; II. For registering aircraft in the Register of some other State without first obtaining the cancellation of the Mexican registration. III. For altering or modifying the marks of nationality and regis- tration on the aircraft without the authorization of the Secretariat of Communications; IV. For ordering the commander or pilot of the aircraft to per- form acts which constitute a violation of this Law or its Regulations; V. For bringing foreign aircraft into Mexican territory or taking Mexican aircraft into a foreign country without complying with the requirements specified in the Law; VI. For failing immediately to notify the Secretariat of Communi- cations of accidents to their aircraft; VII. For refusing to take part in search and salvage operations; VIII. For permitting aircraft to obstruct or impede air traffic or circulation on airdromes; IX. For any violation of the Regulations concerning airdromes. In the case of a public carrier the minimum penalty shall be $5,000.-[pesos]. Article 556. A fine of from $50.-to $50,000.-(pesos) shall be imposed on the pilot or commander of any civil aircraft: I. For failing to utilize, during the flight of aircraft, the installa- tions, aids to aerial navigation and other auxiliary safety services; II. For disobedience to the orders or. instructions received with regard to air traffic; 1 Art. 555. This and the following articles, including Art. 570, were amended by the Decree of Dec. 30, 1949, published in the Diario Oficial of January 23, 1950, and took effect 30 clays from that date. PAGENO="0966" 960 AIR `LAWS AND' TREATIES OF THE WORLD III. For flying an aircraft without carrying the respective `licePse, or without the qualifications stated therein,' or with a suspended or expired license. The same penalty shall be imposed on the other members of the flight crew who are in a like situation; IV. For permitting anyone who is not a member of the flight crew to take part in the operations of an aircraft, except in cases of proven force majeure; V. For transporting arms, dangerous articles, or inflammable, ex- plosive or other similar articles, without the proper authorization; VI. For transporting contagious or mental `patients or dead bodies without the proper authorization; VII. For abandoning the aircraft, the other members of the crew, the passengers, the freight and other property at any place which is not the terminal point of the flight, and without just cause; VIII. For flying the aircraft while in a state of intoxication. `The same penalty shall be imposed on any member of the flight crew who is in a like situation; IX. For allowing a member of the flight crew to take part in opera- tions of the aircraft while in a state of intoxication; X. For acts or omissions which, actively or passively, contribute to the act of smuggling; XI. For flying over prohibited areas; XII. For starting the flight without verifying whether the certifi- cate of airworthiness, as well as the licenses of the flight crew are in force, and whether the aircraft has the marks of nationality and registration. XIII. For permitting, without the proper authorization, the use of apparatus for aerial photography and aerial topography on board an aircraft in flight; XIV. For making acrobatic flights or flying too close to the ground or making exhibition flights over inhabited places; XV. For jettisoning from an aircraft in flight, or permitting the unnecessary jettisoning objects or' ballast from such aircraft; XVI. For making demonstration flights, technical test flights or training flights without the proper authorization; XVII. For refusing to take part in search or salvage operations; XVIII. For failing to notify the Secretariat of Communications immediately of accidents happening to their aircraft or of other acci- dents of which they become aware on account of their work; XIX. In the case of the commander of a foreign civil aircraft which enters the country, for failure to land at the civil airdromes specified in the respective permit or authorization; XX. In the event of a commander of a foreign civil aircraft, for making or allowing to be made aerial-photographical or aerial-topo- graphical surveys on board an aircraft in flight. Article 557. A fine of from $1,000.- to $50,000.- (pesos) shall be imposed: 1. On Mexican or foreign carriers engaged in scheduled public air transportation; a). For carrying out operations in violation of the rates, itineraries, frequencies of flight and schedules approved by the Secretariat of Communication; b). For refusing, without lawful reasons, to allow the public to have free access to the services; PAGENO="0967" AIR LAWS AND TREATIES OF THE WORLD 961 c). For failure to comely with the obligations contained in the re- spective licenses or permits which, in the opinion of the Secretariat of CommunicatiOns, does not require a declaration of forfeiture, rescis- siOn or revocation; d). For failure to perform the required maintenance and preser- vation work on their flight equipment, airdromes, auxiliary installa- tions and other property connected with the safety and efficiency of the service; e). For failure to follow the air routes and to make use of the air- ports specified in the respective licenses or permits; II. On foreign carriers engaged in scheduled or nonscheduled inter- national public transportation: a). Whenever, while on a trip in transit only, they take on or dis- charge passengers, freight or mail; b). For performing service between different points in Mexican territory. III. On public carriers not engaged in scheduled air traffic and on those which effect special public service for charging rates which are less than those approved for the carrying out of scheduled air trans- portation. Article 558. A fine of from $500.- to $50,000.- (pesos) shall be imposed on: I. The owners, possessors or operators of private service aircraft used for aerial-photography, aerial-topography and work of a sim- ilar nature who permit such work to be done by, or who do such work utilizing the services of foreigners; II. The owners, possessors or operators of private service aircraft used for scientific applications of civil aviation who give preference to foreigners over Mexicans for the carrying out of such work. Article 559. A fine of $250.- to $25,000.- (pesos) or six months' to five years' imprisonment shall be imposed on any person who ob- structs or restricts in any way, or permits that the landing strips, loading platforms and other traffic places of airdromes are obstructed or restricted. Article 560. A fine of $250.- to $25,000.- (pesos) and six months' to five years' imprisonment shall be imposed on any person who floods or through negligence allows the flooding of all or part of an airdrome. Article 561. A fine of $250.- to $25,000.- (pesos) and six months' to five years' imprisonment shall be imposed on any person who, by means of radio-technical transmissions obstructs, interferes with, or impedes aeronautical radio communication. Article 562. A fine of from $50.- to $5,000.- (pesos) shall be imposed on the members of the technical aviation ground personnel who, by acts and omissions in the carrying out of their duties, en- danger or might endanger the safety of aircraft and of airdromes and auxiliary installations. Article 563. The licenses of technical aviation personnel shall be suspended up to six months in such cases as the Secretariat of Corn- munications deems necessary, for violation of the provisions concern- ing safety and efficiency. Article 564. The Secretariat of Communications shall revoke the licenses of aviation personnel whenever they merit it for continued disobedience to orders. PAGENO="0968" 962 AIR LAWS AND TREATIES OF THE WORLD Article 565. Without prejudice to the fines mentioned in Article 556, the following punishment shall be imposed: I. On the pilot or commander in the cases provided for in Sec- tions I, III, V and IX of said Article, imprisonment for a period not exceeding six months, without prejudice to the suspension men- tioned in Article 563; II. On the pilot, commander or member of the crew in the cases~ provided for in Sections II, IV, VII, VIII and XVIII of the same Article, imprisonment of from six months to five years and revoca- tion of his license; III. On the pilot or commander, in the cases provided for in Sec- tions XI and XIV, suspension of his license for a period not exceeding six months. Article 566. A fine of from $50.- to $5,000.- (pesos) and imprison- ment for a period not exceeding six months shall be imposed on a com- mander or pilot of aircraft who makes flights after repairs to the airframe, engines or propellers of the same without the Secretariat of Communications having given its approval in the manner set forth in the Regulations. Article 567. A fine of from $50.-to $S,000.-(pesos) shall be im- posed on the owner, possessor or operator of any civil airdrome who: I. When such airdrome is an airport, fails to furnish services in the manner provided for in the respective licenses and in this Law; II. Does not permit aircraft to land in emergencies; III. Does not permit the use, free of charge, of the airth~ome to aircraft of the State, as provided for in amended Article 328 (last paragraph) of this Law. Article 568. Failure to comply with the provisions relating to bea- cons and safety signals on land and on aircraft by the personnel who have them under their care, shall be punishable by imprisonment for a period not exceeding six months. Article 569. A fine of from $50.- to $5,000.- (pesos) or imprison- ment for a period not exceeding six months shall be imposed on any person who refuses to take part in search and salvage operations of aircraft, if so requested by the authorities. A like penalty shall be ap- plicable to any person who, having direct knowledge of an aviation accident, fails to notify immediately the authorities within the Secre- tariat of Communications who are nearest to the site of the accident. Article 570. The provisions of the Criminal Code for the Federal District and Territories relating to piracy shall be applicable to air navigation. Article 590.2 Any other violation of this Law or of its Regulations not specifically provided for in this Chapter, shall be punish- able, by the Secretariat of Communications, with a fine not exceeding $50,000.- (pesos). TRANSITIONAL ARTICLES Article One. This Decree shall go into force thirty days after its publication in the Diario Oficial of the Federation. Article Two. The other provisions of the Law of General Means of Communications, insofar as they do not conflict with those of this Decree, shall continue to be applicable to aeronautical communications. 2 Amended by the decree of Dec. 30, 1949, published in the Diario Oficial of January 23, 1950, and in force 30 days from that date. PAGENO="0969" AIR LAWS AND TREATIES OF THE WORLD 963 Article Three. A period of three months, reckoned from the date when this Decree goes into force, shall be granted for aircraft of the State that lack marks of nationality or which bear the letters XB, to petition the Secretariat of Communications to change such mark for the one provided for in this Decree. Article Four. A period of six months, reckoned from the date when this Decree goes into force, shall be granted to: I. Holders of experimental permits, to apply for the respective license. The Secretariat of Communications shall at once cancel the respective permit unless such application is filed within the time limit set in this Article, except in the case that the time limits set in amended Article 347 of the Law of General Means of Communication have not expired. After the application has been filed, the holder of the per- mit may continue renderin gthe service until a decision on his applica- tion for a license has been made. II. Holders of special permits and holders of permits granted under Section II of Article 9 of the Law of General Means of Communi- cations, to apply for the permit required according to this Decree. The Secretariat of Communications will proceed to cancel immedi- ately the respective permit unless the application is ified within the time limit specified. III. Companies or individuals who operate and commercially use airports, in order to apply for the respective license and regularize such operations and commercial use. Nevertheless, they shall be sub- ject to the provisions of this Decree from the date it enters into force. Article Five. A term of 15 days, reckoned from the date when this Decree enters into force, shall be granted to the owners, possessors or operators of civil aircraft to guarantee compliance with the liability according to Articles 342 to 357 of the Law of General Means of Coin- munications as amended herein. At the expiration of such time limit, Article 127 of that Law shall cease to be applicable to aeronautical communications. Article Six. The Executive of the Union will issue the Regulations under this Law, and a minimum of 1,200 hours' flight shall be required to obtain a pilot's license for public transport service. Article Seven. All provisions which conflict with this Law are here- by repealed. PAGENO="0970" NETHERLANDS AVIATION 1 CHAPTER I-DEFINITIONS Article 1. For the purposes of this Act, and any orders made thereunder, the following terms have the following meanings :- a. Air navigation: the use of aircraft; b. Aircraft: machines that can derive support in the atmosphere from the reactions of the air, including or excepting machines to be designated by Order in Council; C. Aeroplanes: mechanically-propelled heavier-than-air aircraft; d. Proprietor of an aerodrome: the person in whom an aerodrome is vested pursuant to this Act; e. Dutch aircraft: aircraft which have been registered in a Dutch register of aircraft, or in respect of which the provisions of the second paragraph of Article 4 have been applied with regard to the reg- istration; f. Foreign aircraft.: aircraft registered in a foreign register of aircraft; g. Aerodromes: parts of the Netherlands designated pursuant to this Act for the taking off and landing of aircraft; h. Our Minister: insofar as civil aviation and the general safety of air traffic are concerned: Our Minister of Transport and "Water- staat"; insofar as military aviation is concerned: Our Minister of War and Our Minister of the Navy, each inasmuch as he is concerned. Article 2. For the purposes of this Act, and any orders made thereunder, the following terms also have the following meanings :- a. Pilot-in-command: a person who operates an aircraft alone; b. Operation of an aircraft: the performance of actions on board an aircraft for the use of that aircraft; c. Land: areas of water; d. Buildings: structures, scaffolding, overhead lines, dykes and quays. CHAPTER Il-GENERAL SAFETY OF TRAFFIC Article S. Insofar as powers with respect to the general safety of air traffic are conferred upon Our Minister of Transport and Waterstaat by or in virtue of this Act, he shall not exercise these powers except in agreement with Our Minister of War and Our Minister of the Navy, each inasmuch as he is concerned. 1 Published in Staatsblad (statute book)~ No. 47 of Jan. 15, 1958, p. 77-85; effect; Oct. 1, 1959. English text supplied by Netherlands Government. 964 PAGENO="0971" AIR LAWS AND TREATIES OF THE WORLD 965 CHAPTER UI-AIR NAVIGATION Part 1-Registration, marks and airworthiness of aircraft Article 4. 1. It is forbidden to perform air navigation with an aircraft which (a) is not provided with a valid certificate of registration as referred to in Article 5; (b) is not provided with a nationality mark and a registration mark in accordance with the provisions of Article 6; (c) is not provided with a valid certificate of airworthiness or of validation, as referred to in Article 7 and valid for the use that is made of the aircraft; (d) is not airworthy. 2. The provisions of the first paragraph do not apply. (a) in the cases specified by Order in Council; (b) if and insofar as exemption is granted by or on behaJf of Our Minister. Article 5. 1. Dutch registers of aircraft shall be maintained on behalf of Our Minister. Foreign aircraft shall not be registered in these registers of aircraft. The Dutch aircraft registers for civil aircraft are public. 2. The registration of aircraft and the issue of a certificate of regis- tration in a Dutch register of aircraft shall be effected by or on behalf of Our Minister and, so far as civil aircraft are concerned, according to rules laid down by or in virtue of an Order in Council. 3. A certificate of registration of a foreign aircraft must be in con- formity with the legislation of the territory in which this aircraft is registered. Article 6. 1. The nationality mark and the registration mark of Dutch air- craft shall be determined by or on behalf of Our Minister. Insofar as civil aircraft are concerned, the marks shall consist of letters and/or figures and they must be affixed in such place and manner as shall be directed by Our Minister; insofar as these directions relate to civil aircraft, they shall be published in the "State Gazette". 2. With regard to foreign aircraft, the nationality mark and the registration mark must be in conformity with the legislation of the territory in which this aircraft is registered. Article 7. 1. With regard to Dutch aircraft, the. certificates of airworthi- ness shall be issued, suspended and revoked by or on behalf of Our Minister and, so far as civil aircraft are concerned, according to rules laid down by or in virtue of an Order in Council. In addition, cer- tificates of validation of foreign certificates of airworthiness shall be issued, suspended and revoked by or on behalf of Our Minister in accordance with rules laid down by or in virtue of an Order in Council. 2. With regard to foreign aircraft, a foreign certificate of air- worthiness or of validation is required; such certificates must be issued pursuant to international agreement. PAGENO="0972" 966 AIR LAWS AND TREATIES OF THE WORLD Part ed-Operation of aircraft Article 8. 1. It is forbidden to operate an aircraft; (a) without a valid licence or certificate of validation, as re- ferredto in Article 9, to be used in accordance with the privilege~s and with due observance of the limitations stated on the licence or certificate; (b) in such a condition as to be unfit to perform the opera- tion properly. 2. The provisions of the first paragraph under (a) do not apply (a) in the cases specified by Order in Council; (b) if and insofar as exemption is granted by or on behalf of Our Minister. Article 9. 1. With regard to the operation of Dutch aircraft, the licences shall be issued, suspended and revoked by or on behalf of Our Min- ister and, so far as civil aircraft are concerned, according to rules laid down by or in virtue of an Order in Council. In addition, cer- tificates of validation of foreign licences shall be issued, suspended and revoked by or on behalf of Our Minister in accordance with rules laid down by or in virtue of an Order in Council. 2. With regard to the operation of foreign aircraft, a foreign licence or certificate of validation is required; such licence or cer- tificate must be issued pursuant to international agreement. Part 8-Other provisions Article 10. 1. Our Minister has power to authorize the managements of associa- tions and institutions which are incorporated under Dutch law and have the object of promoting aviation, to issue, suspend and revoke the certificates of airworthiness referred to in the first paragraph of Article 7, the licences referred to in the first paragraph of Article 9, and the certificates of validation referred to in the first paragraph of Article 7 and the first paragraph of Article 9, insofar as they relate to civil aviation. 2. This authorization can at all times be suspended or revoked by Our Minister by duly motivated order. 3. The orders whereby an authorization is granted, suspended or revoked shall be punished in the State Gazette [Staats Courant]. Article 11. 1. Insofar as is not otherwise provided by international agreement the performance of civil air navigation above certain parts of the Netherlands can be restricted or prohibited (a) for reasons of public safety, by Our Minister of Transport and Waterstaat; (b) for reasons of military necessity, by Our Ministers of War and of the Navy, each inasmuch as he is concerned, and after consultation with Our Minister of Transport and Waterstaat. 2. Orders providing for a restriction or prohibition as referred to in the first paragraph, or annulment of such a restriction or prohibi- tion, shall be published in the "State Gazette". PAGENO="0973" AIR LAWS AND TREATIES OF THE WORLD 967 3. Our Ministers of Transport and Waterstaat, of War and of the Navy can designate authorities to exercise on their behalf their powers as referred to in the first paragraph under (b). This shall be done by a joint order, which shall be published in the state Gazette. Article 12. Insofar as is not otherwise provided by international agreement, under exceptional circumstances or in the interest of public safety the performance of civil air navigation above the Netherlands or a part thereof may be temporarily restricted or prohibited by Us. Article 13. It is forbidden to perform air navigation (a) in such a way that public order or safety is disturbed or endangered; (b) in contravention of orders issued by or on behalf of Our Minister, as referred to in Article 11; (c) in contravention or orders issued by Us, as referred to in Article 12. Article 14. 1. Within the Netherlands it is forbidden (a) to take off with an aircraft or to make an aircraft take off except from an aerodrome; (b) to land with an aircraft or to make an aircraft land except on an aerodrome; (c) to equip for the taking off and landing of aircraft an area which has not been designated as an aerodrome. 2. The provisions of the first paragraph do not apply (a) in the cases specified by Order in Council; (b) if and insofar as exemption is granted by or on behalf of Our Minister. Article 15. 1. It is forbidden to provide an aircraft with any mark which is intended to create the impression that it is the mark prescribed under the terms of Article 6. 2. It is forbidden to perform. air navigation as pilot-in-command, or, as owner or operator of an aircraft, to have air navigation per- formed or to let it be performed, with an aircraft provided with a misleading mark as referred to in the first paragraph, if the pilot-in- command or the owner or operator of the aircraft, respectively, knows or can reasonably suppose that the aircraft is provided with such a mark. Article 16. Insofar a.s is not otherwise provided by international agreement, it is forbidden to carry persons or animals or goods in aircraft, and to have persons or animals or goods carried in aircraft, either between two or more places situated in the Netherlands Or with a place situated in the Netherlands as starting-point or terminus or intermediate station, as a main or subsidiary business or for remuneration, unless permission to do so has been granted by Us or on Our behalf. 2. In the case of carriage as referred to in the first paragraph, if no permission is necessary then the requirements laid down by Us PAGENO="0974" 968 AIR LAWS AND TREATIES OF TIlE WORLD or on Our behalf pursuant to in~ternational agreement shall be duly observed. Article 17. 1. It is forbidden to hold air displays or aviation contests without permission granted by or on behalf of Our Minister. 2. Above the Netherlands it is forbidden to take part in a display or contest for which no permission has been granted as referred to in the first paragraph. CHAPTER lY-AERODROMES Part 1-Designation of aerodromes Article 18. 1. Our Minister can designate aerodromes (a) by virtue of his office; (b) on being petitioned to do so. 2. The documents referred to in the first paragraph of Article 20 must be submitted in duplicate along with a petition. Article 19. Our Minister can immediately reject a petition as referred to in Article 18 by duly motivated order, in which case Articles 20-23 do not apply. Article ~O. 1. Before a designation can be effected, the following documents shall be deposited for thirty days for public inspection at the office of the Provincial Executive Council of the province or provinces in which the land is situated: a. a map on which the size, the location and the boundaries of the land intended for designation are clearly indicated, as well as the premises or parts of premises located within those boundaries, stating the cadastral numbers; b. a list stating the names and addresses (I) according to the cadastral registers, of the (A) owners of the land; (B) holders of a right in rem over the land; (C) holders of a right in rem over a right to the land; (II) of those who have a personal right with respect to the land, insofar as they are known to Our Minister or to the peti- tioner, in every case stating the premises or parts of premises involved, as well as the size of each of these premises or parts of premises, insofar as possible according to the cadastral registers; c. documentary evidence of the right to appropriate the land for an aerodrome. 2. If a petition has been received, t,his shall also be deposited. Article 21. 1. The depositing referred to in Article 20 shall be arranged by the Provincial Executive Council not more than fifteen days after receipt of the documents from Our Minister. PAGENO="0975" AIR LAWS AND TREATIES OF THE WORLD. 969 2. Prior notice of the depositing shall be given by or on behalf of the Provincial Executive Council (a) in the State Gazette and in one or more newspapers to be selected by the Provincial Executive Council; (b) by registered letter addressed to (I) the persons stated on the list mentioned in Article 20; (II) the petitioner. 3. The notice shall also state: a. the place, date and time at which an opportunity will be given to bring oral objections to the designation before a commission consisting of (I) a member of theProvincial Executive Council, appointed by that Council; (II) an expert appointed by Our Minister; (III) the mayor of each municipality within which the land is situated, or a deputy to be appointed by him; b. the period within which objections can be submitted to the com- mission in writing. Article 2~. 1. The commission shall draw up a procès-verbal of the objections which it has received orally. 2. The procès-verbal, together with the objections notified to the ~ornmission in writing and the recommendations of the commission, shall be sent to Our Minister by the commissions as soon as possible. Article ~3. 1. Copies of all documents sent to Our Minister by the commission shall be deposited by or on behalf of the Provincial Executive Council for public inspection at the office of the Provincial Executive Council for thirty days. 2. Prior notice of the depositing shall be given by or on behalf of the provincial Executive Council. (a) in the State Gazette and in one or more newspapers to be selected by the Provincial Executive Council; (b) by registered letter addressed to (I) the persons stated on the list referred to in Article 20; (II) the other interested parties who have become known after the depositing referred to in Article 20; (III) all who have brought objections before the commis- sion orally or in writing; (IV) the petitioner. S Article ~4. Our Minister shall thereafter decide about the designation by duly motivated order. Article 25. 1. The designation may be restricted to (a) certain types of aircraft; (b) certain forms of air navigation. 2. Conditions may be attached to the designation. PAGENO="0976" 970 AIR LAWS AND TREATIES OF THE WORLD Article 26. 1. Our Minister can refrain from applying Articles 20-23 with regard to land (a) in respect of which Articles 10-15 of the Compulsory Pur- chase Act (Statute Book 1851, 125) have been applied in behalf of air navigation; (b) which is not being designated for aeroplanes. Article 27. 1. Our Minister can at all times alter or revoke a designation by duly motivated order. 2. If he considers this desirable, Articles 20-23 shall be similarly applied. Article 28. 1. Our Minister shall revoke a designation on being petitioned to do so by the proprietor of the aerodrome. 2. Within three weeks after receipt of such a petition, notice thereof shall be given by Our Minister (a) in the State Gazette and in one or more newspapers to be selected by him; (b) by registered letter addressed to the interested parties, in- sofar as they are known to Our Minister. 3. The revocation shall take place not less than six weeks after this notification. 4. The revocation shall take place not more than six months after receipt of the petition, unless within this period the aerodrome has been vested in another proprietor or Article 11 and 12 of the Com- pulsory Purchase Act have been applied in regard to the aerodrome. Without prejudice to the provisions of the third paragraph, how- ever, Our Minister shall immediately revoke the designation (a) if a decision as referred to in Article 72a of the Com- pulsory Purchase Act has not been taken in respect of the aero- drome within a year after Articles 11 and 12 of the Compulsory Purchase Act have been applied; (b) if proceedings for compulsory purchase have not been in- stituted. within the period specified in the decisiOn referred to under (a). 5. The provisions of the preceding paragraphs shall be similarly applicable if the owner of the aerodrome submits a written request to Our Minister for revocation of the designation in view of the fact that the proprietor of the aerodrome is not or is no longer entitled to have the aerodrome at his disposal. Article 29. 1. Copies of orders providing for (a) designation, or alteration or revocation of a designation (b) rejection of a request for designation, or rejection of a re- quest for alteration or revocation of a designation, shall be sent as soon as possible by registered letter to (I) the petitioner or the proprietor of the aerodrome, respectively; PAGENO="0977" AIR LAWS AND TREATIES OF THE WORLD 971 (II) and also, if Articles 20-23 have been applied, to (A) the persons stated on the list referred to in Article 20; (B) the other interested parties who have become known after the depositing referred to in Article 20; (C) all who have raised ~bjections orally or in writing. 2. At the same time attention shall be drawn, if necessary, to the provisions of Article 30. 3. The orders referred to in the first paragraph under (a) shall be published in the State Gazette. Article 30. 1. Interested parties can appeal to Us against the orders referred to in Article 29, with the exception of those whereby a designation is revoked under Article 28, within thirty days after the posting of the letter referred to in Article 29. 2. Without prejudice to the provisions of Article 40 of the Act of December 21, 1861 (Statute Book 129), Our decision shall be inserted in the State Gazette. Part 92-Use of aerodromes Article 31. 1. It is forbidden (a) to have or to construct buildings or other erections, or to have or to grow plants, on an aerodrome; (b) to have movables or to make excavations on an aerodrome, other than in connection with the routine operation or the routine maintenance of the aerodrome. 2. The provisions of the first paragraph do not apply (a) in the cases specified by Order in Council; (b) if and insofar as exemption is granted by or on behalf of Our Minister. Article 392. The proprietor of an aerodrome designated exclusively or partly for public civil air traffic is bound to admit this air traffic to the aero- drome, with due observance of the restrictions imposed by or in virtue of this Act. Article 33. 1. The proprietor of an aerodrome is forbidden to use an aerodrome or to have an aerodrome used or to let an aerodrome be used (a) in contravention of the restrictions and conditions attached to the designation; (b) in cOntravention of the instructions given by or on behalf of Our Minister as referred to in Article 35; (c.) for purposes other than those connected with the operation * of the aerodrome. 2. The provisions of the first paragraph do not apply if and insofar as exemption is granted by or on behalf of Our Minister. 67717-431-62 PAGENO="0978" 972 AIR LAWS AND TREATIES OF TIlE WORLD Article 34. 1. The pilot-in-command of an aircraft is forbidden to use an aero- drome (a) in contravention of the restrictions and conditions attached to the designation; (b) in contravention of the instructions given by or on behalf of Our Minister, as referred to in Article 35. 2. The provisions of the first paragraph do not apply if and insofar as exemption is granted by or on behalf of Our Minister. Article 35. 1. An aerodrome can be temporarily declared closed by or on behalf of Our Minister on account of the condition of the aerodrome or for other reasons relating to the safety of air navigation. 2. With due observance of the relevant provisions of international agreements, the closure can be restricted to (a) certain types of aircraft; (b) certain forms of air navigation. Article 36. 1. The proprietor of an aerodroine designated exclusively or partly for public civil air traffic is bound to fix charges for the use made by aircraft of this aerodrorne and of the erections located thereon. 2. These charges require Our approval. 3. If Our approval is already necessary under the Provinces Act (Statute Book 1850, 39) or the Municipal Corporations Act (Statute Book 1851, 85) with respect to a resolution of the Provincial Executive Council of a province or the Municipal Council of a municipality con- cerning the fixing of charges as referred to in the first paragraph, Our decision shall be taken on the joint recommendation of Our Minister of Transport and Wateretaat and Our Minister of Home Affairs. Article 37. It is forbidden to levy charges for the use referred to in Article 36 other than the charges approved by Us pursuant to that article. Part 3-Prohibition of obstructions on land around aerodromes 1. IMPOSITION OF THE PROHIBITION Article 38. 1. Our Minister can impose a prohibition with respect to having movables, having or constructing buildings or other erections, or hav- ing or growing plants, on land situation within a distance of 500 metres. from the boundary of an aerodrome, or on that land above a height to be determined by him. 2. Our Minister can impose a prohibition with respect to having movables, having or constructing buildings or other erections, or hav- ing or growing plants, on land situated within a distance of 500-5000 metres from the boundary of an aerodrome above a height to be deter- mined by him, which cannot be less than the minimum height spe- cified in the third paragraph. PAGENO="0979" AIR LAWS AND TREATIES OF THE WORLD 973 3. For land situated at the distance referred to in Column A from the boundary of an aerodrome, the minimum height referred to in the second paragraph is the height stated beside it in Column B. A B 500 metres 5. 00 metres 501 metres 5. 01 metres 502 metres 5. 02 metres and so on to 1000 metres 10. 00 metres 1003 metres 10. 04 metres 1006 metres 10. 08 metres 1009 metres 10. 12 metres * andsoonto 2125 metres 25. 00 metres 2125-5000 metres 25. 00 metres 4. The heights to be determined by Our Ministers shall be measured: (a) from a level, designated for that purpose by or on behalf of Our Minister, which must not be lower than the point referred to under (b); (b) if no designation has taken place pursuant to (a), from the lowest point of the aerodrome. 5. It is forbidden to have movables, to have or to construct build- ings or other erections, or to have or to grow plants, in contravention of a prohibition imposed by Our Minister, as referred to in the first and second paragraphs. Article 39. A prohibition as referred to in Article 38 does not affect (a) buildings existing at the time of the notification in the State Gazette as referred to in Article 43; (b) buildings started prior to that notification and regularly * continued in accordance with a specification previously drawn up; (c) rebuilding and reconstruction, insofar as the rebuilt and reconstructed buildings do not differ considerably from the origi- nal, in the opinion of Our Minister, from the viewpoint of pre- vention, of danger to air navigation; (d) non-woody plants, and implements, insofar as their pres- ence is necessary for the cultivation of those plants, in addition to animals. Article 40. 1. Our Minister can impose a prohibition as referred to in Article (a) byvirtueofhisoffice; (b) on being petitioned to do so by the proprietor of the aero- drorne. * * 2. The documents referred to in the first `paragraph of Article 42 ~must be submitted in duplicate along with a' petition. *` PAGENO="0980" 974 AIR LAWS AND TREATIES OF THE WORLD Article 41. Our Minister can immediately reject a petition as referred to in Article 40 by duly motivated order, in which case Articles 42-45 do not apply. Article 43. 1. Before a prohibition can be imposed, the following documents shall be deposited for thirty days for public inspection at the office of the Provincial Executive Council of the province or provinces in which the land is situated: a. a map on which the size, the location and the boundaries of the land intended to be covered by the prohibition are clearly in- dicated, as well as the premises or parts of premises located within those boundaries, stating cadastral numbers; b. a list stating the names and addresses (I) according to the cadastral registers, of the (A) owners of the land; (B) holders of a right in rem over the land; (C) holders of a right in rem over a right to the land; (II) of those who have a personal right with respect to the land, insofar as~ they are known to Our Minister or to the proprietor of the aerodrome, in every case stating the premises or parts of premises involved, as well as the size of each of these premises or parts of premises, insofar as possible according to the cadastral registers. 2. If a petition has been received, this shall also be deposited. Article 43. 1. The depositing referred to in Article 42 shall be arranged by the Provincial Executive Council not more than fifteen days after receipt of the documents from Our Minister. 2. Prior notice of the depositing shall be given by or on behalf of the Provincial Executive Council (a) in the State Gazette and in one or more newspapers to be selected by the Provincial Executive Council; (b) by registered letter addressed to (A) the persons stated on the list mentioned in Article 42; (B) the proprietor of the aerodrome. 3. The notice shall also state: a. the place, date and time at which an opportunity will be given to bring oral objections to the prohibition before a commis- sion consisting of (I) a member of the Provincial Executive Council, ap- pointed by that Council; (II) an expert appointed by Our Minister; (III) the mayor of each municipality within which the land is situated, or a deputy to be appointed by him; b. the period within which objections can be submitted to the commission in writing. Article 44. 1. The commission shall draw up a procès-verbal of the objections which it has received orally. PAGENO="0981" AIR LAWS AND TREATIES OF THE WORLD ~75 2. The procès-verbal, together with the objections notified to the commission in writing and the recommendations of the commission, shall be sent to Our Minister by the commission as soon as possible. 3. The commission shall append a proposal concerning compensa- tion for the loss or damage ensuing from the prohibition. 4. In drawing up this proposal the commission shall be assisted by two experts, to be appointed at the request of the Provincial Executive Council by the President of the District Court or one of the courts within whose jurisdiction the premises are situated. Article 45. 1. Copies of all documents sent to Our Minister by the commission shall be deposited by or on behalf of the Provincial Executive Council for public inspection at the office of the Provincial Executive Council for thirty days. 2. Prior notice of the depositing shall be given by or on behalf of the Provincial Executive Council (a) in the "State Gazette" and in one or more newspapers to be selected by the Provincial Executive Council; (b) by registered letter addressed to (I) the persons stated on the list mentioned in Article 42; (II) the other interested parties who have become known after the depositing referred to in Article 42; (III) all who have brought objections before the commis- sion orally or in writing; (IV) the proprietor of the aerodroine. Article 46. Our Minister shall thereafter decide about the designation by duly motivated order. Article 47. 1. Our Minister can at all times wholly or partly annul a prohibi- tion as referred to in Article 38, by duly motivated order. 2. If he considers this desirable, Articles 42-45. shall be similarly applied. Article 48. 1. Copies of orders providing for (a) impositiOn or annulment of a prohibition as referred to in Article 38. (b) rejection of a request for imposition or annulment of a pro- hibition as referred to in Article 38, shall be sent as soon as possible by registered letter to (I) the petitioner or the proprietor of the aerodrome, respec- tively; (II) and also, if Articles 42-45 have been applied, to (A) the persons stated on the list referred to in Article 42; (B) the other interested parties who have become known after the depositing referred to in Article 42; (C) all who have raised objections orally or in writing. At the same time attention shall be drawn to the provisions of Article 49. PAGENO="0982" 976 AIR LAWS AND TREATIES OF THE WORLD 2. The orders referred to in the first paragraph under (a) shall be published in the State Gazette. Copies of these orders shall be sent to Our Minister of Finance, who will arrange for the orders to be recorded in the cadastral map. Article 49. 1. Interested parties' can appeal to Us against the orders referred to in Article 48 within thirty days after the posting of the letter referred to in that article. 2. Without prejudice to the provisions of Article 40 of the Act of December 21, 1861, Statute Book 129, Our decision shall be inserted in the State Gazette. 2. COMPENSATION Article 50. 1. The proprietor of the aerodrome shall pay compensation for any loss or damage which may be suffered in consequence of a prohibition as referred to in Article 38, by (a) the owners of the land, (b) the holders of a right in rem over the land, (c) the holders of a right in rem over a right to the land, (d) those who have a personal right with respect to the land, on which this prohibition is imposed. 2. The diminution in value-as a direct consequence of the prohi- bition-of all the ground over which the same person has .a right at the time of the coming into operation of the prohibition, also insofar as such ground is not covered by the prohibition, shall be taken into con- sideration in calculating the compensation. Changes made or planned after the notification in the State Gazette, as referred to in Article 38, shall not be taken into account. 3. Mortgagees do not receive any separate compensation. They have right of recovery from the compensation payable to the persons entitled to the right on which the mortgage was granted, even if the mortgage debt is not due. If .the mortgage debt is conditional or of an indefinite amount, the mortgagee can require that the compensation up to an amount not exceeding the value stated in the deed be pro- visionally recorded in one of the Registers of the National Debt. The compensation must not be paid and a judicial order for payment must not be put into execution, on pain of nullity, until fourteen days after the mortgagees have been notified of the intention to effect payment or to proceed to execution. Article 51. `1. Within thirty days after the coming into operation of a prohibi- tion, the proprietor of the aerodrome shall make an offer of a certain compensation to the persons entitled to compensation; this shall be done by registered letter. By a similar letter the mortgagees shall be notified of the offer made to the persons entitled to `the right on which the mortgage was granted. 2. If the proprietor of the aerodrome, the persons entitled to com- pensation and the mortgagees fail to reach agreement within six months after the coming into operation of the prohibition, the per- sons entitled to compensation and the mortgagees can bring an action at law for assessment of the loss or damage. PAGENO="0983" AIR LAWS AND TREATIES OF THE WORLD 977 3. If this action is not brought within a year after the coming into operation of the prohibition, then the offers are binding. Article 5~. 1. Persons entitled to compensation and mortgagees can bring an action at law for assessment of the loss or damage if they have not re- ceived an offer or notification within thirty days in accordance with the first paragraph of the preceding article. 2. The action must be brought within a year after the expiration of the period stated in the first paragraph. Article 53. 1. The action for assessment of the loss or damage shall be brought before the District Court within whose jurisdiction the ground is wholly or mainly situated. 2. In the case of mortgaged rights the summons must also be served on the mortgagees, on pain of nullity; if it originates from mortgagees, it must be served on the persons entitled to the rights on which the mortgages were granted and On the remaining mortgagees. Article 54. 1. After consultation with the parties this District Court can ap- point one or three experts in the case. Articles 27 (second paragraph), 28, 29 (first and second paragraphs), 30-33, 34 (first, second, third, fourth and sixth paragraphs) and 35-37 of the Compulsory Purchase Act shall be similarly applied, on the understanding that wherever they occur in these articles the words "third parties interested" shall be replaced by the words "interested parties." 2. Otherwise the provisions of the Code of Civil Procedure are applicable to the case. 3. The judgment is final. 4. An appeal to the Court of Appeal must be lodged within fourteen days after the judgment. Tt shall be lodged by filing a declaration with the Clerk of the District Court which passed the judgment. 5. Article 53 of the Compulsory Purchase Act is applicable. Article 55. 1. If a prohibition as referred to in Article 38 is wholly or partly annulled, the propriethr of the aerodrome can claim from (a) the owners of the land, (b) the holders of a right in rem over the land, (c) the holders of a right in rem over a right to the land, on which the prohibition was imposed, the increase in the value of these premises for these persons in consequence of the said annulment up to-in the case of complete annulment-an amount not exceeding the amount that was granted as compensation when the prohibition was imposed. 2. The claim must be brought within a year after the coming into operation of the annulment. 3. Articles 50 (second paragraph), 53 (first paragraph) and 54 are similarly applicable. PAGENO="0984" 978 AIR LAWS AND TREATIES OF THE WORLD Part 4-Military works Article 56. 1. When the construction, maintenance or use of a work for the de- fence of the realm on an aerodrome designated exclusively or jointly for civil air traffic would contravene a provision of this Act or of any order made thereunder, we can grant exemption from this provision on the recommendation of Our Minister of War of Our Minister of theNavy. 2. A recommendation as referred to in the first paragraph ~halI not be made except in agreement with Our Minister of Transport and Waterstaat. CHAPTER V-MILITARY REQUISITIONS Article 57. In case of war, danger of war, state of war or stage of siege, or in case it is declared by Us that exceptional circumstances make this necessary for the maintenance of external or internal security, the provisions of this Act and of any orders made thereunder do not apply with respect to military aircraft and the members of their crew, nor with respect to military aerodromes, except insofar as this is directed by Us by Order in Council. Article 58. 1. Without prejudice to the powers conferred by other Acts, in the cases stated in Article 57 We can authorize Our Minister of War and Our Minister of the Navy to requisition for the armed forces-in agreement with Our Minister of Transport and Waterstaat-air- craft and aerodromes with buildings and installations belonging thereto as welli as the movables located in those buildings and in- stallations. 2. During the time that aerodrornes and aircraft are placed at the disposal of the armed forces in accordance with the first paragraph, these shall be regarded as military aerodromes and military aircraft. Article 59. Without prejudice to the powers conferred by other Acts, in the cases stated in Article 57 Our Minister of War and Our Minister of the Navy have power (a) to give directions to. persons having rights over aerodromes concerning the control and the use of those areodromes, (b) to give directions to persons having rights over movables and inimovables which are located on aerodromes, with regard to the control and the use thereof, (c) to have works carried out on aerodromes, (d) to have repairs made to the movables and immovables located on aerodromes, (e) to have aerodromes and the buildings and installations be- longing thereto, as well as factories, workshops and appurtenances which are serviceable to aviation, entered at all times, all in agreement with Our Minister of Transport and Waterstaat. Article 60. The measures taken pursuant to Articles ~8 and 59 give a right to compensation in accordance with rules to be laid down by Order in Council. PAGENO="0985" AIR LAWS AND TREATIES OF THE WORLD 979 Article 61. 1. Tn the cases stated in Article 57 We can authorize Our Minister of War and Our Minister of the Navy to give orders-in agreement with Our Minister of Transport and TVatei~taat-to persons who are in possession of a licei~se issued pursuant to t~his Act, as well as to persons belonging to categories of personnel to be designated by Order in~ Council, such personnel being employed in behalf of air navigation. 2. Rules shall be laid down by Order in Council concerning the nature and the duration of the orders as well as the manner iii which and the conditions on which they can be given, and also concerning compensation in respect of the orders issued. The legal status of persons who have received an order shall be regulated by Order in Council to conform as much as possible with that of the Civil Defence worker. CHAPTER VT-PENALTIES Article 6~2 1. Any person who contravenes one of the Articles 8, 14 (first para- graph, c), 16, 17 (first paragraph), 31, 32, 33, 34, 36, 37, 38 (fifth paragraph) or 74 shall be liable to detention for a period not exceeding one year or a fine of not more than three thousand guilders. 2. The pilot-in-command who contravenes one of the Articles 4, 13, 14 (first paragraph, a and b) or 17 (second paragraph) shall be liable to the same penalty. 3. In the case of contravention of a regulation made by or in vir- tue of an Order in Council under this Act, the main penalty pre- scribed by that Order in Council shall not be other than or higher than either detention for a period not exceeding four months or a fine of not more than a thousand guilders, or a fine not exceeding a thou- sand guilders. 4. The owner or operator of an aircraft who has air navigation per- formed or lets it be performed in contravention of one of the Articles 4, 8 of 16 shall be liable to detention for a period not exceeding one year or a fine of not more than three thousand guilders. Article 63. Contravention of one of the Articles 15 or 65 shall be punishable with imprisonment for a period not exceeding three months or a flue of not more than three hundred guilders. Article 64. 1. On conviction for an offence against (a) one of the Articles 4,8, 13 and 17, (b) a regulation of an Order in Council issued under this Act, in the cases in which this is stipulated in that Order in Council, the offender can be disqualified from operating an aircraft for a period not exceeding three years. 2. On application of the provisions of the first paragraph, a licence or certificate of validation shall cease to be valid for the duration of the disqualification as soon as the judgment of the court has become enforceable so far as this extra penalty is concerned. The appropri- ate official of the Public Prosecutor's Office shall immediately report this to Our Minister, who shall give notice thereof in the State Gazette. PAGENO="0986" ~98O AIR LAWS AND TREATIES OF THE WORLD Article 65. Any person who knows or can reasonably be expected to know that he has been disqualified from operating an aircraft by court judgment, is forbidden to operate an aircraft during the period of his disquali- ±ication. Article 66. 1. Any person who wilfully fails to comply with a requisition made under the terms of Article 58 shall be liable to imprisonment for a period not exceeding three years. 2. Any person who wilfully contravenes a direction given pursuant to Article 59 shall be liable to imprisonment for a period not exceeding two years. 3. Any person who wilfully fails to carry out an order given pur- suant to Article 61 shall be liable to imprisonment for a period not exceeding two years. Article 67. 1. Any person who fails to comply with a requisition made under the terms of Article 58 shall be liable to detention for a period not exceeding one year. 2. Any person who contravenes a direction given pursuant to Article 59 shall be liable to detention for a period not exceeding six months. 3. Any person who fails to carry out an order given pursuant to Article 61 shall be liable to detention for a period not exceeding six months. Article 68. Any person who performs an act with intent to obstruct; the exercise of the powers stated in Articles 58, 59 and 61 shall be liable to impris- onment for a period not exceeding two years. Article 69. If an act made punishable in Articles 62, 63, 66-68, or in a regula- tion made by or in virtue of an Order in Council under this Act, is committed by or on behalf of a body corporate., the criminal proceed- ings can also be instituted against and a penalty also imposed on the person who gave orders for the act or who was in fact responsible for the forbidden action or omission. Article 70. The acts made punishable by Articles 63, 66 and 68 are crimes. The acts made punishable by Articles 62 and 67 are offences. Article 71. In addition to the persons designated by Article 141 of the Code of Criminal Procedure, the following persons are charged with the detec- tion of acts made punishable by or in virtue of this Act: a. all other officers of the State Police and Municipal Police; b. the officers of Customs and Excise; c. the persons to be designated by Our Minister. Article 7~. Our Minister can designate officials who are authorized in virtue of a special order in writing from Our Minister, assisted if necessary by PAGENO="0987" AIR LAWS AND TREATIES OF THE WORLD 981 officers of the State Police or Municipal Police and at the expense of the offenders, to remove, to have removed, to prevent, to have pre- vented, to perform, to have performed, to restore or to have restored to the former state, anything that is or has been made or put up, undertaken or omitted, in contravention of this Act or regulations made in virtue of that Act. In the meantime such action shall not be taken until after the person concerned has been warned in writing and, if he so wishes, allowed to inspect the order. Article 73. 1. Our Minister of Transport and Waterstactt can (a) designate officials who are authorized to enter aerodromes designated for civil air traffic and the aircraft, buildings and in- stallations located thereon, as well as factories, workshops and appurtenances thereof which may reasonably be supposed to be intended for the manufacture, maintenance or repair of aircraft or parts thereof, in order to satisfy themselves that the relevant statutory provisions are being complied with; (`b) designate persons who are authorized to forbid and to prevent the taking off of aircraft. 2. The power referred to in the first paragraph under (a) can like- wise be exercised with respect to military aerodromes which may also be used by civil aircraft under the terms of their designation or an exemption granted in this connection and with respect to sections of military factories, workshops and appurtenances where civil aircraft are located, provided that everything is done in conformity with the directives issued by the military authorities. 3. If the buildings and installations, factories, workshops and appurtenances thereof referred to in the first paragraph under (a) are also dwellings or are only accessible through a dwelling, the officials referred to in the first paragraph under (a) shall not enter them against the will of the~ occupant except on presentation of a special order in writing from the mayor or magistrate. A prociès- verbal of this entry shall be drawn up and a copy of it shall be de- livered within forty-eight hours to the person whose dwelling has been entered. Article 74. 1. The officials referred to in the first paragraph under (a) of Article 73 are pledged to secrecy concerning the knowledge that they have obtained of the activities performed in places which they enter pursuant to the provisions of that article, insofar as such secrecy is not contrary to regulations made in virtue of this Act or contrary to another Act. 2. Any person who wilfully infringes the secrecy imposed by the preceding paragraph shall be liable to imprisonment for a period not exceeding six months or a fine of not more than six hundred guilders, with or without disqualification from holding public office. 3. The person who is to blame for infringement of that secrecy shall be liable to detention for a period not exceeding three months or a `fine o'f not more than three hundred guilders. 4. The acts made punishable by the second and third paragraphs shall be regarded as crimes. No prosecution shall take place except On a complaint lodged by the head or the manager of the `business or the undertaking with respect to which the secrecy has been infringed. PAGENO="0988" 982 AIR LAWS AND TREATIES OF THE WORLD Article 75. On demand of the persons referred to in Article 71 the pilot-in- command and the other members of the crew of an aircraft are bound to hand over properly for inspection the documents required by or in virtue of this Act. CHAPTER WI-FINAL PROVISIONS Article 76. 1. Further regulations can be made by or in virtue of an Order in Council (a) for the implementation of the provisions of the preceding chapters; (.b) for the promotion of the safety and the regularity of air navigation; (c) concerning the construction, the equipment and the use of aerodromes; (d) for the safeguarding of military interests; (e) concerning the customs procedures with respect to persons and goods, including foreign currency and other property, which enter or leave the Netherlands by means of aircraft, including measures to ensure the payment of taxes due on the import and export of goods; (f) concerning the use of helicopters, rockets, parachutes and model aircraft; (g) concerning the training of aeroplane pilots; (h) concerning the flying of kites; (i) concerning the catapulting of aeroplanes; (j) concerning the carriage of animals in aircraft. 2. In addition, the charges for the following can be regulated by or in virtue of an Order in Council: (a) the use of State-owned aerodromes; (b) activities performed by the State; (c) services supplied by the State. Article `77. 1. An offence against a regulation made by or in virtue of an Order in Council pursuant to the first paragraph (e) of Article 76 shall be prosecuted on behalf of Our Minister of Finance before the District Court in the manner referred to in the sixth title of the fourth book of the Code of Criminal Procedure. So long as the accused has not been summoned by or on behalf of Our Minister aforesaid, he can be al- lowed to effect settlement. 2. Aircraft with which, and goods in respect of which, a regulation as referred to in the first paragraph (e) of Article 76 has been contra- vened, can be seized for recovery of the penalty by the officials referred to in Article 71 or designated in accordance with Article 71 under c, and can be sold by execution. The things seized shall be handed over to a Collector of Customs or Excise. Article 78. Article 4 of the Code of Criminal Procedure shall be amended as follows: a. the words "or aircraft" shall be inserted each time after the word "vessel"; PAGENO="0989" AIR LAWS AND TREATIES OF THE WORLD 983 b. the words "shipping business" shall be replaced by the word "business." Article 79. In Articles 22 (eighth paragraph), 24 (second paragraph), 27 (first paragraph), 37 (first and third paragraphs) and 44 of the Air Acci- dent Act (Statute Book 1936, 522) the words "certificate of com- petency" shall be replaced each time by the word "licence." Article 80. 1. The Act of July 30, 1926, Statute Book 249 (Aviation Act), shall be repealed. 2. The certificates of registration, certificates of airworthiness, licences and certificates of validation issued under the terms of that Act, insofar as they have not ceased to be valid in virtue of the pro- visions of that Act, shall remain valid until further arrangements in that respect have been made by Order in Council. 3. The designation of aerodromes shall remain in force with the old legal consequences for three years after the coming into operation of this Act, unless Our Minister revokes the designation at an earlier date. If the revocation is accompanied by simultaneous designation pursuant to this Act, Our Minister can refrain from applying all or part of Articles 20-23 insofar as the new designatioi~ relates to land which had already been designated. 4. The preceding paragraph shall be similarly applied to decisiojis taken concerning obstructive works and actions, pursuant to the Act referred to in the first paragraph. Article 81. This Act shall come into operation on a date to be determined by Us; We can reserve the right to fix another date on which Article 50 shall come into operatiOn. Article 82. This Act may be cited as the Aviation Act. PAGENO="0990" NEW ZEALAND PRELIMINARY The basic air law of New Zealand is the Civil Aviation Act, 1948, No. 12, as amended by the Civil Aviation Amendment Act, 1955, by the Shipping and Seamen Act, 1952, and by the Samoa Amendment Act,. 1957. Section 7 of the Civil Aviation Act, 1948, was repealed by Section 515(1) of the Shipping and Seamen Act, 1952, and Section 12(4) was repealed by Section 45(1) of the Samoa Amendment Act,. 1957. Administrative matters are regulated by the New Zealand National Airways Act, 1945, No. 12, as amended, which is not reproduced here. The principal Act is found in New Zealand Statutes, 1945, p. 191.. The amendments to this Act are as follows: National Airways Amend- ment Act, 1948, No. 73 (N.Z. Stat. 1948, p. 908); National Airways Amendment Act, 1956, No. 26 (N.Z. Stat. 156, p. 163), the National Airways Amendment Act, 1957, No. 97 (N.Z. Stat. 1957 p. 942), and the Air Services Licensing Act, 1951, No. 25 (N.Z. ~tat. Reprint 1908-1957, vol. 1, p. 177). The National Airways Amendment Act,. 1948, No. 73, has been largely repealed or amended by the Air Services~ Licensing Act, 1951, No. 25. Thus, Sections 2(2), 3 to 12, 15 to 21,. and 23, 25, and 26 were repealed by Section 54(1) of the Air Services Licensing Act. Sections 13(2) and 13(3) were amended by that. Act. Other sections were repealed or amended by the National Air- ways Amendment Acts of 1956 and. 1957 (Sections 24 (1956 Act),. 2, 15(1), (2), 17, 24, 27(1) (1957 Act)). The Civil Aviation Act, 1948, No. 12, as amended, is found in New Zealand Statutes Reprint, 1908-1957, vol.2, p. 107. THE CIVIL AVIATION ACT OF 1948 AS AMENDED 1955~ No. 12 (Reprint of the statutes of New Zealand 1908-1957,. vol. 2, p. 107) ANALYSIS Title 1. Short title 2. Interpretation 3. Power to give effect to Convention and regulate' civil aviation 3A. Minister may establish, maintain, and operate air- droines and facilities in connection with civil aviation 4. Special powers in case of emergency 5. Nuisance, trespass and responsibility for damage 6. Penalty for dangerous operation of aircraft 7. Repealed 984 PAGENO="0991" AIR LAWS AND TREATIES OF THE WORLD 985 * 8. Power to provide for investigation of accidents * 9. General provision as to Orders in Council, etc. 10. Special provisions as to Crown 11. Appointment of Director of Civil Aviation 12. Application of Act `to Cook Islands, Western Sa- moa, and other territories 13. Repeals and savings . An Act to provide for the regulation of civil aviation and Title. to give effect to a Convention on International Civil Aviation signed on behalf of the Government `of New Zealand at Chicago on the seventh day of December, nineteen hundred and forty-four. [26th August, 1948 BE IT ENACTED by the General Assembly of New Zealand Short Title. in Parliament assembled and by the authority of the same, as follows 1. This Act may be cited as the Civil Aviation Act, 1948 2. In this Act, unless the context otherwise requires,- Interpretation. "Aerodrome" means any defined area of land or water intended or designed to be used either wholly or partly for the landing, departure, movement, and servicing of aircraft; and includes any buildings, installations, and equipment on or adjacent to any such area used in connection with `the aerodrome or its admini~tration; "Aircraft" means any machine that can derive support. in the atmosphere from the reactions of the air; 1 "Air navigation" means the operation of guiding an aircraft from one place to another, and includes the operation of fixing the position of an aircraft when required; "Air traffic" includes the movement of aircraft on an aerodrome; "Convention" means `the Convention on Interna- tional Civil Aviation signed on behalf of the Gov- ernment of New Zealand in Chicago on the seventh day of December, nineteen hundred and forty-four, and includes the international standards and rec- ommended practices and procedures `adopted by the International Civil Aviation Organization, in pur- suance of Article 37 of the Convention; "Minister" means the Minister in Charge of Civil Aviation; 2 "New Zealand" includes the Cook islands, West- ern Samoa, the Tokelau Islands, and any other ter- ritory subject to the protection, trusteeship, or authority of the Government of New Zealand. I Definitions of "aerodrome" and "aircraft" were substituted for the ig5No.~thb2~c?~5~1) of the Civil Aviation Amendment Act 2 Definition of `Minister" was inserted by section 2(2) of the Clvii Aviation Amendment Act i955. PAGENO="0992" 986 AIR LAWS AND TREATIES OF THE WORLD Power to give 3. (1.) The Governor-General may from time to time, Convention by Order in Council make such regulations as appear to anti regulate civil aviation, him to be necessary or expedient. (a) For carrying out the Convention, any Aimex thereto relating to international standards and rec- ommended practices and procedures (being an An- nex adopted in accordance with the Convention) and any amendment of the Convention or any such An- nex made in accordance with the Convention; or (b) Generally for regulating civil aviation. (2) Without limiting the general powers hereinbefore conferred, It is hereby declared that regulations may be made under this section making provisions- (a) For the licensing, inspection, and regulation of aerodromes, for access to, or for prohibiting or controlling access to, aerodromes and places where aircraft have landed, for access to factories for the purpose of inspecting work therein carried on in re- lation to aircraft, or parts thereof, or aviation equip- ment, and for prohibiting or regulating the use of unlicensed aerodromes; (b) For minimizing or preventing interference with the use or effectiveness of apparatus used in connection with air traffic or air navigation, and for prohibiting or regulating the use of any such apparatus; (c) Regulating the display of signs and lights likely to endanger aircraft; (d) Generally for securing the safety, efficiency, and regularity of air traffic and the safety of air- craft and of persons and property carried therein, for preventing aircraft endangering other persons and property, and, in particular, for the detention of aircraft for any of the purposes specified in this paragraph; (e) Regulating the use of the civil air ensign and any other ensign authorized for purposes connect~ with civil aviation; (f) Prescribing and regulating the tharges, fees, or dues to be paid in respect of the use of aerodromes licensed or authorized under the regulations or in respect of the use of any facilities provided or serv- ices rendered at those aerodromes or in respect of the use of any facilities established or maintained for the purpose of providing for the safety and efficient operation of aircraft engaged in civil aviation; (g) Prescribing the fees to. be paid in respect of the issue, validation, renewal, extension, or variation of any certificate, license, or other document or the undergoing of any examination or test required by In subsection (2), par. (f) was substituted for the original par. (f) iby section 3 of the Clvii Aviation Act 1955 as of April 1, 1955. PAGENO="0993" AIR LAWS AND TREATIES OF THE WORLD 987 the regulations and in respect of any other matters in respect of which it appears to the Governor- General in Council to be expedient for the purposes of the regulations to charge fees; (h) For obtaining such information as may be required for the purposes of the regulations, and for the forms of applications, certificates, and other documents required under the regulations; (1) Exempting from the provisions of the rega- lations or any of them any aircraft or persons or classes of aircraft or persons. (3) Any regulations made under this section may provide for the imposition of penalties not exceeding a fine of two hundred pounds or imprisonment for a term of six months. 3A. (1) Subject to the provisions of subsection two of section 2 of the Ministry of Works Act 1943, the Mm- thin, and'oper- ister may for the purposes of civil aviation establish, ~ maintain, and operate aerodromes and services and f a- in con~ie~tion cilities in connection with the operation of any aerodrome or with the operation of aircraft engaged in civil aviation. (2) `Without limiting the general powers hereinbefore conferred, it is hereby declared that the Mini~ter may establish, maintain, and operate radio navigational aids, beacons, and lighting systems, air traffic control services, aeronautical communication services, buildings and ac- commodation, and such other services and facilities as the Minister thinks neèessary for the purpose of pro- viding for the safety and efficient operation of aircraft enifaged in civil aviation. ~3) All works undertaken under the authority of this section are hereby declared to be~ public works within the meaning of the Public Works Act 1928. (4) The powers conferred by this section are in addi- tion to and not in derogation of any powers conferred by any other enactment and nothing in this section shall be construed to limit or affect the powers conferred on any person or authority by any other enactment.4 4. (1) In time of war, whether actual or imminent, or ~peciai powers of national emergency, the Governor-General may, by y. Proclamation, regulate or prohibit, either absolutely or subject to such conditions as may be contained in the Proclamation, and notwithstanding the provisions of this Act or of any regulations made thereunder, the flight of all or any descriptions of aircraft over New Zealand or any portion thereof; and without limiting the generality of this provision, any such Proclamation may provide for taking possession of and using for the purposes of Her Majesty's Naval, Military, or Air Forces any aero- drome or any aircraft, machinery, plant, material, or This section was inserted by section 4, Civil Aviation Amendment Act 1955. 67717 O-61-------63 PAGENO="0994" 988 AIR LAWS AND TREATIES OF THE WORLD things found therein or thereon, or any aviation equip- ment elsewhere, and for regulating or prohibiting the use, erection, building, maintenance, or establishment of any aerodrome, flying school, or any class or description thereof. (2) Any such Proclamation may provide for the im- position of penalties to secure compliance with the Proc- lamation, not exceeding those which may be imposed pursuant to subsection three of the last preceding sec- tion, and may luithorize such steps to be taken in order to secure such compliance as appears to the Governor- General to be necessary. (3) Any person who suffers direct injury or loss owing to the operation of a Proclamation under this section shall be entitled to receive compensation therefor, the amount of the compensation to be fixed by agreement with the Minister with the concurrence of the Minister of Finance, or in default of agreement to be fixed by the Land Valuation court: Provided that no compensation shall be payable `by reason of the operation of a general Proclamation under this section prohibiting flying in New Zealand or any part thereof. (4) A Proclamation under this section may be revoked or varied by a subsequent Proclamation. Nuisance, 5. (1) Any regulations made under section three of ~ this Act may provide for regulating the conditions under for damage. which noise and vibration may be caused by aircraft or aircraft engines on aerodromes and may provide that subsection two of this section shall apply to any aero- drome in respect of which provision as to noise and vibra- tion caused by aircraft is so made. (`2) No `action shall lie in respect `of nuisance by reason only of the noise and vibration caused by aircraft or `air- craft engines on an `aerodrome to which this subsection applies by virtue of any regulations made under section three of this Act so long as the provisions of the regula- tions are `duly complied with. (3) No action shall lie in respect of trespass, or in respect of nuisance, by reason only of the flight of air- craft over any property a't a height above the ground which having regard to wind, weather, and all the cir- cumstances of the case is reasonable, or the ordinary inci- dents of such flight, so long as the provisions of this Act and of any regulations or Proclamations made there- under are duly complied with; burt where material dam- age or loss is caused by an aircraft in flight, taking off, landing or alighting, or by any person in any such air- craft, or by any article or person falling from any such ~ In subsection (3) the word "Minister" replaced "Minister of Defense" (Civ. Av. Am. Act 1955, section 3(3)),, and the words "Land valuation Court" replaced "a Compensation Court under Part liii of the Public Works Act 1928" (Land val. Court Act 1948, section 28(2)). PAGENO="0995" AIR LAWS AND TREATIES OF THE WORLD 989 aircraft, to any person or property on land or water, damages shall be recoverable from the owner of the air- craft in respect of the damage or loss, without proof of negligence or intention or other cause of action, as if the damage or loss had been caused by his fault, except where the damage or loss was caused by or contributed to by the fault of the person by whom the same was suffered: Provided that where material damage is caused as aforesaid in circumstances in which- (a) Damages are recoverable from the owner in respect of the said damage or loss by virtue only of the preceding provisions of this subsection; and (b) A legal liability is created in some person other than the owner to pay damages in respect of the said damage or loss,- the owner shall be entitled to be indemnified by that other person against any claim in respect of the said damage or loss. (4) Where any aircraft has been demised, let, or hired out for a period exceeding fourteen days to any other person by the owner thereof, and no pilot, commander, navigator, or operative member of the crew of the air- craft is in the employment of the owner, this section shall have effect as if for references to the owner there were substituted references to the person to whom the aircraft has been so demised, let, or hired out. (5) For the purposes `of this section the term "fault" means negligence, breach of statutory duty, or other act or omission which gives rise to a liabihty in tort or would, apart from the Contributory Negligence Act, 1947, give rise to the defence of contributory negligence. 6. (1) Where an aircraft is operated in such `a man- Penalty for dangerous ner as to be the cause of unnecessary danger to any per- operation of son or property, the pilot or the person in charge of the aircraft. aircraft, and also the owner thereof unless he proves to the satisfaction of the Court that the aircraft was so operated without his actual fault or privity, shall be liable on summary conviction to a fine not exceeding five hundred pounds, or to imprisonment for `a terni not exceeding twelve months, or to both such imprisonment and such fine.6 (2) For the purposes of this section the expression "owner" in relation to an aircraft includes any person to whom the aircraft is demised, let, or hired out at the time of the offence. (3) The provisions of this section shall be in addition to and not in di `ogation of any general safety or other regulations under this Act. ~ In subsection (1) the words "five hundred pounds" replaced "two hundred pounds" and "twelve months" replaced "six months" (Civ. Ày. Am.. Act 1955, section 5). PAGENO="0996" 990 AIR LAWS AND TREATIES OF THE WORLD Wreck and 7. Repealed by section 515(1) of the Shipping and salvage. eamen Act of 1952.~ ~et~or 8. (1) The Governor-General may, from time to time, investigation by Order in Council make regulations providing for the of accidents. . investigation of any accident or any unusual or danger- ous incident arising out of or in connection with air traffic or air investigation. (2) `Without limiting the generality of the foregoing provisions, regulations under this section may contain provisions- (a) Requiring notice to be given of any such accident or incident as aforesaid in such manner and by such persons as may be specified in the regula- tions; (b) Requiring a report to be made, in such man- ner and by such persons as may be specified in the regulations, of any mechanical or structural defect discovered during the operation of any aircraft; (c) Prohibiting, pending investigation, access to or interference with aircraft to which an accident has occurred, and authorizing any person, so far as may be necessary for the purposes of an investiga- tion, to have access to, examine, remove, take meas- ures for the preservation of, or otherwise deal with any such aircraft; (d) Conferring on any person holding an investi- gation under the regulations the rights and pbwers of a Commission appointed under the Commissions of Inquiry Act, 1908, and applying all or any of the provisions of that Act accordingly; (e) Authorizing or requiring the cancellation, revocation, suspension, endorsement, or surrender of any licence or certificate granted under this Act or under any Proclamation, Order in Council, or regu- lations made thereunder, where it appears on an investigation that the licence or certificate ought to be cancelled, revoked, suspended, endorsed, or sur- rendered, and for the production of any such licence or certificate for the purpose of being so dealt with. (3) If any person contravenes or fails to comply with any regulations under this section he shall be liable on summary conviction to a fine not exceeding two hundred pounds or to imprisonment for a term not exceeding six months. 9. (1) Any Proclamation, Order in Couhcil, or regu- Order~ in lations under this Act may apply generally throughout Council, &c. New Zealand, or within any specified part or parts thereof, and may apply to all aircraft or to any specified class or classes of aircraft. As to wreck and salvage of aircraft: Part IX, Shipping and Seamen Act 1952. Assistance to aircraft: ibid. section 510. Removal of wreck, see also Harbours Act 1950, section 208. PAGENO="0997" AIR LAWS AND TREATIES OF THE WORLD 991 (2) In so far as the by-laws of any local authority in force in any locality are inconsistent with or repugnant to tlieprovisions of any Proclamation, Order in Council, or regulations under this Act in force in the same locality, the by-laws shall, in so far as they relate to aircraft and air traffic be deemed to be subject to the Proclamation, Order in Council, or regulations, notwithstanding that any such by-laws may have been made under some other Act. (3) All Proclamations, Orders in Council, and regu- lations made under this Act shall be laid before the House of Representatives within twenty-eight days after the making thereof if Parliament is then in session, and, if not, then within twenty-eight days after the com- mencement of the next ensuing session.8 10. (1) This Act shall bind the Crown: as Provided that, except as provided by any other Act, ~o Crown. nothing in this Act or in any Proclamation, Order in Council or regulations made under this Act shall apply to aircraft used for the purposes of any of Her Maj- esty's Naval, Military, or Air Forces. (2) Nothing in this Act, or in any Proclamation, Order in Council, or regulations made under this Act shall prejudice or affect the rights, powers, or privileges of the Minister of Marine in respect of lighthouses. 11. (1) For the purposes of this Act there shall be an ~m~t of officer of the Air Department established under the Air Civil Aviation. 1937, No. 7. Department Act, 1937, to be called the Director of Civil Aviation, who shall have such special duties and func- tions as may be conferred on him by regulations under this Act. The officer who, on the passing of this Act, holds office as the Director of Civil Aviation shall, with- out further appointment, be deemed to have been duly appointed as Director of Civil Aviation under this section. (2) Section four of the Air Department Act, 19372 is hereby consequentially amended by repealing subsection two thereof. 12. (1) Except as otherwise provided by this section, ~~?-J~ of this Act shall extend to and be in force in the Cook Island~, West- ern Samoa. Islands, Western Samoa, the Tokelau Islands, and any and other other territory subject to the protection, trusteeship, or territories. authority of the Government of New Zealand. (2) The following provisions of this Act shall have no application in any of the said territories:- (a) Section seven; (b) Subsections two and three of section nine; (c) Subsection two of section ten. (3) The amount of compensation payable to any per- son resident in any of the said territories under sub- 5 In subsection (3) the words "House of Representatives" replaced "both Houses of Parliament" (Legislative Council Abolition Act 1950, section 2(4)). PAGENO="0998" 992 AIR LAWS AND TREATIES OF THE WORLD section three of section four hereof shall be fixed by agreement with the Minister of Island Territories or, in default of agreement, by arbitration in accordance with the Arbitration Act, 1908. Repeals and 13. (1) The Air Navigation Act, 1931, and section four of the Statutes Amendment Act, 1939, are hereby repealed. (2) The Samoa Aviation Regulations 1938 are hereby revoked. (3) All Proclamations, Orders in Council, regulations, warrants, offices, appointments, registers, books, records, licences, certificates, notices, and generally all acts of authority that originated under any of the said enact- ments and are subsisting or in face on the passing of this Act shall enure for the purposes of this Act as fully and effectually as if they had originated under this Act, and accordingly shall, where necessary, be deemed to have so orioinated. (~4) All matters and proceedings commenced under any of the enactments hereby repealed and pending or in progress on the passing of this Act may be continued and completed under this Act. (5) All references in any unrepealed enactment to the Air Navigation Act, 1931. shall, unless the context other- wise requires, be hereafter read as references to this Act. PAGENO="0999" AIR LAWS AND TREATIES OF THE WORLD 993 ANALYSIS 2. Removing limitation as to borrowing Title by Corporation from Minister, of 1. Short Title Finance. 1956, No. 26 An Act to amend the New Zealand National Airways Act 1945 [25 October 1956 BE IT ENACTED by the General Assembly of. New Zealand in Parliament assembled, and by the authority of the same, as follows: 1. Short Title-This Act may be cited as the New Zealand National Airways Amendment Act 1956, and shall be read together with and deemed part of the New Zealand National Airways Act 1945 (hereinafter referred to as the principal Act). 2. Removing limitation as to borrowing by Corporation from Minister of Finance-Section twenty-four of the princi- pal Act is hereby amended by omitting from subsection one the words "not exceeding five hundred thousand pounds". PAGENO="1000" 994 AIR LAWS AND TREATIES OF THE WORLD ANALYSIS 3. Loans and advances by Corporation Title 4. Liability of Corporation as carrier 1. Short Title 5. Borrowing powers 2. Interpretation 6. Reserves 1957, No. 97 An Act to amend the New Zealand National Airways Act 1945 [24 October1957 BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows: 1. Short Title-This Act may be cited as the New Zealand National Airways Amendment Act 1957, and shall be read together with and deemed part of the New Zealand National Airways Act 1945 (hereinafter referred to as the principal Act). 2. Interpretation-Section two of the principal Act is here- by amended by repealing the definition of the. term "Minis- ter", and substituting the following definition: "`Minister' means the Minister in Charge of Civil Aviation". 3. Loans and advances by Corporation- (1) Subsection one of section fifteen of the principal Act is hereby amended by adding the following paragraph: "(c) With the prior approval of the Minister, make loans or advances or give guarantees in respect of loans or advances to any person for or in con- nection with the establishment, maintenance, or operation within New Zealand of an air service or any service ancillary to an air service." PAGENO="1001" AIR LAWS AND TREATIES OF THE WORLD 995 (2) Section fifteen of the principal Act is hereby amended by repealing subsection two, and substituting the following subsection: "(2) The Corporation shall not, without the prior approval of the Minister, acquire by purchase any land, including improvements existing on the land, the cost of acquisition of which exceeds the sum of five thousand pounds, or enter into any lease of land for a term exceeding twenty-one years." 4. Liability of Corporation as carrier-Section seventeen of the principal Act is hereby amended by inserting after the word "thereunder", the words, "or of any other enactment limiting the liability of any person, whether as a common carrier or otherwise,". 5. Borrowing powers-( 1) The principal Act is hereby amended by repealing section twenty-four,, and substituting the following section: "24. (1) The Corporation may from time to time, with the consent of the Minister of Finance and on and subject to such terms and conditions as he Thinks fit, borrow money and issue debentures or mortgage or chai~ge any of its real or personal property. "(2) The Minister of Finance may from time to time, on behalf of Her Majesty the Queen,- "(a) Advance money to the Corporation; and "(b) Give in respect of any advances made tO the Cor- poration by any other person any guarantee, indemnity, or security,- on or subject to such terms and conditions as that Minister thinks fit." (2) The New Zealand National Airways Amendment Act 1956 is hereby repealed. 6. Reserves-Subsection one of section twenty-seven of the principal Act is hereby amended by omitting the words "depreciation of assets", and substituting the words "deprecia- tion, replacement, or acquisition of assets". PAGENO="1002" 996 AIR LAWS AND TREATIES OF THE WORLD ANALYSIS Title 4. Powers of Minister in respect of 1. Short Title aerodromes 2. Insurance of certain aircraft 5. Indemnity in respect of certain 3. Powers of Director of Civil Aviation messages 1960, No. 45 An Act to amend the Civil Aviation Act 1948 [21 October 1960 BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows: 1. Short Title-This Act may be cited as the Civil Aviation Amendment Act 1960, and shall be read together with and deemed part of the Civil Aviation Act 1948* (hereinafter referred to as the principal Act). 2. Insurance of certain aircraft-Subsection (2) of section 3 of the principal Act is hereby amended by inserting, after paragraph (d), the following paragraph: "(dd) Requiring any person or any class of persons owning or operating an aircraft used for any purpose in respect of which a licence is not required under the Air Services Licensing Act 1951 or under the International Air Services Licensing Act 1947 to insure, in such manner and to such extent as may be prescribed in the regulations, against any liability which may arise out of or in connection with the operation of the aircraft in respect of the death of or bodily injury to any person and in respect of the loss of or damage to any property: ". *1957 Reprint, Vol. 2, p. 107 Amendment: 1958, No. 57 PAGENO="1003" AIR LAWS AND TREATIES OF THE WORLD 997 3. Powers of Director of Civil Aviation-( 1) Section 3 of the principal Act is hereby amended by adding the follow- ing subsection: "(4) Any regulations under this section may confer on the Director of Civil Aviation power to issue, in such manner as may be prescribed, instructions, orders, or requirements for the purpose of ensuring the safety of aircraft engaged in civil aviation and, where the regulations so provide, any such instruction, order, or requirement shall be complied with by all persons affected thereby." (2) This section shall be deemed to have come into force on the twenty-sixth day of August, nineteen hundred and forty-eight. 4. Powers of Minister in respect of aerodromes- (1) The principal Act is hereby amended by inserting, after section 3A (as inserted by section 4 of the Civil Aviation Amendment Act 1955), the following section: "3B. (1) In the exercise of his powers or functions under this Act and subject to the provisions thereof, the Minister may do all that is necessary or convenient to be done for, or as incidental to the establishment, maintenance, and operation by him of any aerodrome under his complete or partial control or of any services or facilities in connection with the operation of any such aerodrome in all respects as if the operation of the aerodrome or of the services or facilities were a commercial undertaking and in particular may himself carry out any work or undertaking in respect of which he is authorised to enter into an agreement under subsection (3) of this section. "(2) Any power given to the Minister under this Act in respect of any aerodrome or any facilities in connection with any aerodrome may be exercised by him whether or not the aerodrome or the facilities had been established by him under this Act. "(3) The Minister and any one or more local authorities, bodies, or persons may from time to time enter into and carry out such agreements for the execution, control, operation, or management of any work or undertaking authorised by this Act as may to them seem most suited to the circumstances. "(4) Any agreement entered into under subsection (3) of this section may provide: "(a) For the establishment, maintenance, or operation of any aerodrome or services and facilities in con- PAGENO="1004" 998 AIR LAWS AND TREATIES OF THE WORLD nection with the operation of the aerodrome as a joint undertaking between the Minister and any other party or parties to the agreement: "(b) For the vesting of aerodrome buildings and facilities in trust for aerodrome purposes in any authority, body, or person approved by the Minister in that behalf: "(c) For the exchange, leasing, or subleasing of land or buildings vested in the Crown for the purposes of this Act and not immediately required for those purposes: "(d) For the transfer of the management of any aerodrome under the control of the Minister or of any facilities connected with the operation of any such aero- drome, from the Minister to any other party or parties to the agreement at such time and on such terms and conditions as may be agreed upon: "(e) For the transfer to the Minister of the control, manage- ment, or operation of any aerodrome, or any facili- ties in connection with the operation of any aero- drorne, under the control of any authority, body, or person and for the vesting in or leasing to the Minister of any real or personal property necessary for the purpose of any such transfer: "(f) For the establishment, maintenance, management, and operation at any aerodrome of refreshment rooms, bookstalls, booking offices, travel agencies, and such other facilities as may be considered necessary or convenient for the operation of the aerodrome or for the convenience of persons using the aero- drome: "(g) For contributions by parties to the agreement in respect of the cost of any work or undertaking to which the agreement relates: "(h) For the apportionment or allocation between parties to the agreement of the cost of any work or under- taking to which the agreement relates: (i) For the payment of grants or subsidies or the making of advances to any party to the agreement in respect of any work or undertaking to which the agreement relates: cc (j) For the entering into contracts of insurance by any party to the agreement in respect of such matters in relation to the agreement as may require the provision of insurance. PAGENO="1005" AIR LAWS AND TREATIES OF THE WORLD 999 "(5) Any agreement entered into under subsection (3) of this section may from time to time be varied by the parties thereto or may be terminated in accordance with the terms thereof. "(6) Any agreement relating to the development or recon- struction of an aerodrome entered into by the Minister of Works under section 31 of the Finance Act (No. 3) 1944 may include any provision referred to in subsection (4) of this section." (2) Any agreement entered into or any thing done before the commencement of this section which would have been lawful if this section had been in force at the time when the agreement was entered into or the thing was done is hereby validated and declared to have been lawful. 5. Indemnity in respect of certain messages-The principal Act is hereby amended by inserting, after section 10, the following section: "1OA. (1) No person shall have any right to compensation nor shall any liability be imposed upon Her Majesty or the Minister by reason of any error, omission, or delay in the transmission or delivery of any message to which this section applies. "(2) This section applies to any message of a class pre- scribed in that behalf by regulations under this Act (not being a message which may affect the safety of any aircraft or a message transmitted to or from any aircraft) transmitted through any aeronautical communications service established under this Act and operated by or under the control of the Minister." PAGENO="1006" 1000 AIR LAWS AND TREATIES OF THE WORLD ANALYSIS 1. Short Title Title 2. Duration of licences 1960, No. 51 An Act to amend the Air Services Licensing Act 1951 [25 October 1960 BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows: 1. Short Title-This Act may be cited as the Air Services Licensing Amendment Act 1960, and shall `be read together with and deemed part of the Air Services Licensing Act 1951 * (hereinafter referred to as the principal Act). 2. Duration of licences-(1) Section 25 of `the principal Act is hereby amended by omitting the words "five years", and substituting the words "seven years". (2) Subsection (8) of section 27 of the principal Act (as substituted by section 6 of the Air Services Licensing Amend- ment Act 1958) is hereby amended by omitting the words "five years", and substituting the words "seven years". *1957 Reprint, Vol. 1, p. 177 Amendment: 1958, No. 44 PAGENO="1007" PHILIPPINE ISLANDS REPUBLIC ACT No. 776 AN ACT TO REORGANIZE THE CIVIL AERONAUTICS BOARD AND THE CIVIL AERO- NAUTICS ADMINSTRATTON TO PROVIDE FOR THE REGULATION OF CIVIL AERONAUTICS IN THE PHILIPPINES AND AUTHORIZING THE APPROPRIA- TION OF FUNDS THEREFOR1 Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: CHAPTER 1.-TITLE AND PURPOSE SECTION 1.-Title of Act.-The title of this Act shall be "The Civil Aeronautics Act of the Philippines." SEC. 2. Purpose and scope of act.-The general purpose of this Act is the reorganiZation of the Civil Aeronautics Board and the Civil Aeronautics Administration, defining their powers and duties and making certain adjustment of funds and personnel in connection therewith; and the regulation of civil aeronautics. The provisions of this Act and the rules and regulations issued pur- suant thereto shall not apply except with respect to aid traffic rules, to military aircraft and airmen of the Philippines and of foreign countries and to foreign civil and public aircraft and airmen other than those covered by Chapters III and IV hereof. CHAPTER 11.-GENERAL PROVISIONS SEC. 3. Words and phrases defined.-The following definitions shall control in the application and construction of this Act, unless the context otherwise requires: (a) "Administrator" means the Civil Aeronautics Administrator. (b) "Aerodrome" means a defined area on land or water, including any buildings, installations and equipment intended to be used either wholly or in part for the arrival, departure and movement of aircraft. (c) "Aeronautics" means the science and art of flight. (d) "Aeronautical telecommunication" means and includes any telegraph or telephone communication signs, signals, writings, images and sounds of any nature, by wire, radio or other systems or processes of signalling, used in the aeronautical service. (e) "Aeronautical telecommunication station" means any station operated to provide telecommunications for aeronautical purposes. (f) "Air carrier" means a person who undertakes, whether directly or indirectly, or by a lease or any other arrangements, to engage in air transportation or air commerce. ipublished in English in Laws and Resolutions (1952), Republic of the Philippines, Office of the President, vol. VII, p. 312. 1001 PAGENO="1008" 1002 AIR LAWS AND TREATIES OF THE WORLD (g) "Air commerce" means and includes aid transportation for pay or hire, the navigation of aircraft in furtherance of a business, or the navigation of aircraft from one place to another for operation in the conduct of a business. (h) "Air transportation" means service or carriage of persons, property, or mail, in whole or in part, by aircraft. (i) "Aircraft" means any contrivance now known or hereafter invested, used, or designed for navigation of, or flight in, the air. (j) "Aircraft engine" means an engine used or intended to be used for propulsion of aircraft and includes all parts, appurtenances, and accessories thereof other than propellers. (k) "Aircraft radio station" means a radio station on board any aircraft. (1) "Airmen" means any individual who engages, as the person in command or as pilot, mechanic, flight radio operator or member of the crew, in the navigation of aircraft while under way, and any individ- ual who is directly in charge of inspection, maintenance, overhauling or repair of aircraft, aircraft engine, propellers, or appliances; and any individual who serves in the capacity of aircraft dispatcher or air- traffic control operator. (m) "Air navigation facility" means any facility used in, available for use in or designed for use in, aid of air navigation, `including areas, lights, any apparatus or equipment for disseminating weather infor- mation, for signalling, for radio-directional finding, or for radio or other electrical communication, and any other structure or mechanism having a similar purpose for guiding or controlling flight in the air or the landing and take-off of aircraft. (n) "Airway" means a path thru the navigable air space identified by an area of specified width on the surface of the earth designated or approved by the Administrator as suitable for air commerce or air transportation. (o) "Airworthiness" means that an aircraft, its engines, propellers, and other components and accessories, are of proper design and con- struction, and are safe for air navigation purposes, such design and construction being consistent with accepted engineering practice and in accordance with aerodynamic laws and aircraft science. (p) "Appliances" means instruments, equipments, apparatus, parts, appurtenances, or accessories, of whatever description, which are used or are capable of being or intended to be used in the navigation, oper- ation, or control of aircraft in flight (including parachutes and com- munication equipment and any other mechanism or mechanisms in- stalled in or attached to aircraft during flight), and which are not a part or parts of aircraft, aircraft engines or propellers. (q) "Board" means the Civil Aeronautics Board. (r) "Citizen of the Philippines" means (a) an individual who is a citizen of the Philippines, or (b) a partnership of which each member is such an individual, or (c) a corporation or association created or organized under the laws of the Philippines, of which the directing head and two-thirds or more of the Board of Directors and other managing officers are citizens of the Philippines, and in which sixty per eentuim of the voting interest is owned or controlled by persons who are citizens of the Philippines. (s) "Civil Aircraft" means any aircraft other than a public aircraft. PAGENO="1009" AIR LAWS AND TREATIES OF THE WORLD 1003 (t) "Domestic air carrier" means an air carrier who is a citizen of the Philippines: Provided, That an aircarrier who is not a citizen of the Philippines but who may be allowed to engage in domestic a.nd/or foreign air transportation, or domestic and/or foreign air commerce, in accordance with the provisions of section twelve, Chapter IV of this Aet, shall, to all intents and purposes, be classified as a domestic air carrier. (u) "Domestic air commerce" means a.nd includes air commerce within the limits of the Philippine territory. (v) "Domestic air transportation" means air transportation within the limits of the Philippine territory. (w) "Flight radio operator" means and includes a member of the operating crew of aircraft who is granted a radio operator's license by the Civil Aeronautics Administrator to operate aircraft radio stations. (x) "Foreign air. carrier" means an air carrier who is not a citizen of the Philippines, and/or an air carrier other than a domestic air carrier. (y) "Foi~eign air commerce" means and includes air commerce be- tween the Philippines and any place outside it. (z) "Foreign air transportation" means air transportation between the Philippines and any place outside it, or wholly outside the Phil- ippines. (a~) "Landing field" means any locality, either on water or on land, which is adapted for landing and taking-off of aircraft located along an airway and is intermediate to airports connected by the airway, whether or not facilities are provided for the shelter, servicing, or repair of aircraft, or for receiving or discharging passengers or cargo. (bb) "Mail" means Philippine mail or foreign-transit mail. (cc) "Navigation of aircraft" or "navigate aircraft" includes the piloting of aircraft. (dd) "Navigable air space" means air space above the minimum altitude of flight prescribed by regulations issued under this Act. (ee) "Permit" means Certificate of Public Convenience and Neces- sity. (if) "Person" means any individual, firm, copartnership, corpora- tion, company, association, joint-stock association, or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof. (gg) "Propeller" includes all parts, appurtenances and accessories thereof. (hh) "Public aircraft" means an aircraft used exclusively in the service of the National Government of the Republic of the Philip- pines or of any political subdivision or instrumentality thereof, but not including any government-owned aircraft engaged in air commerce. (ii) "Reasonable charges" are those which insure just and reason- able return on the capital invested, taking into consideration the cost of construction, operation and maintenance and non-aeronautical rev- enue of the air navigation facility affected; which shall be uniform. SEc. 4. Declaration of policies.-In the exercise and performance of its powers and duties under this Act, the Civil Aeronautics Board and the Civil Aeronautics Administrator shall consider the following 67717 O-Oi------64 PAGENO="1010" .1004 AIR LAWS AND TREATIES OF THE WORLD among other things, as being in the public interest, and in accordance with the public convenience and necessity: (a) The development and utilization of the air potential of the Philippines. (b) The encouragement and development of an air transportation system properly adapted to the present and future of foreign and domestic commerce of the Philippines, of the Postal Service, and of the National Defense; (c) The regulation of air transportation in such manner as to rec- ognize and preserve the inherent advantages of, assure the highest degree of safety in and foster sound economic conditions-in such trans- portation, and to improve the relations between, and coordinate trans- portation by, air carriers; (d) The promotion of adequate, economical and efficient service by air carriers at reasonable charges, without unjust discriminations, un- due preferences or advantages, or unfair or destructive competitive practices; (e) Competition between air carriers to the extent necessary to assure the sound development of an air transportation system prop- erly adapted to the need of the foreign and domestic commerce of the Philippines, of the Postal Service, and of the National De- fense; (f) To promote safety of flight in air commerce in the Philippines; and (g) The encouragement aiid development of civil areonautics. CHAPTER 111.-CIVIL AERONAIJTICS BOARD SEC. 5. Composition of the Board.-The Aeronautics Board shall be composed of the Secretary of Commerce and Industry as Chairman, the Civil Aeronautics Administrator, the Commanding Officer of the Philippine Air Force, and two other members to be appointed by the President of the Philippines. They shall hold office at t.he pleasure of the President and shall be entitled to per diem for each meeting actually attended by' them in such amount as may be fixed by the President. In case of absence or incapacity of the Secretary of Com- merce and Industry, the Civil Aeronautics Administrator shall act as chairman. In case of the Under Secretary of Commerce and Industry and/or Deputy Administrator act in the stead of the Secretary of Com- merce and Industry and/or Administrator, respectively, they shall hold office and be entitled to per diem for each meeting actually at- tended by them in the Civil Aeronautics Board. No member of the Board shall have any pecuniary interest in, or own any stock or bond of, any civil aeronautics enterprise. SEC. 6. Principal office and quorum.-The Board shall have its prin- cipal office in the City of Manila and may hold hearings on any pro- ceedings at such time and places within the Philippines as it may provide by order in writing. The Chairman and two members of the - Board shall constitute a quorum to transact business. A major- ity vote of the members constituting a quorum shall be necessary for a valid and enforceable decision or order by the Board. A tie vote shall be referred to the President of the Philippines for decision. PAGENO="1011" AIR LAWS AND TREATIES OF THE WORLD 1005 SEC. 7. Permanent personnel.-The Board shall have a permanent Secretary, who shall be a member of the Philippine bar, with com- pensation at five thousand one hundred pesos per annum. He shall record all proceedings of the Board, take charge of and keep all its papers, and perform such other duties as may be prescribed by the Board in connection with its proceedings or papers. The Board shall also have a permanent stenographer with compensation at two thou- sand four hundred pesos per annum and such other employees and per- sonnel as the Board may deem necessary in exercising and performing its powers and duties. SEC. 8. Temporary personnel.-The Board may, with the approval of the President of the Philippines, engage for temporary service such duly qualified consulting engineers and agencies or other qualified persons as are necessary, and fix the compensation of such engineers, agencies, or persons without regard to civil service rules and regu- lations. SEC. 9. Annual Report.-The Board shall make an annual report to the President which shall contain such information and data collected by the Board as may be considered of value in the determination of questions connected with the development of civil aeronautics, together with such recommendations as to additional legislation relating thereto as the Board may deem necessary. SEC. 10. Powers and duties of the Board.-(A) Except as otherwise provided herein, the Board shall have the power to regulate the eco- nomic aspect of air transportation, and shall have the general super- vision and regulation of, and jurisdiction and control over, air carriers as well as their property, property rights, equipment, facilities, and franchise, is so far as may be necessary for the purpose of carrying out the provisions of this act. (B) The Board may perform such acts, conduct such investiga- tions, issue and amend such orders, and make and amend such general or special rules, regulations, and procedures as it shall deem neces- sary to carry out the provisions of this Act. (C) The Board shall have the following specific powers and duties: (1) In accordance with the provisions of Chapter IV of this Act, to issue, deny, amend, revise, alter, modify, cancel, suspend, or revoke, in whole or in part, upon petition, or complaint, or upon its own initiative, any temporary operating permit or cer- tificate of Public Convenience and Necessity: Provided, however, That in the case of foreign air carriers, the permit shall be issued with the approval of the President of the Republic of the Philip- pines. (2) To fix and determine reasonable individual, joint or special rates, charges or fares which an air carrier may demand, collect or receive for any service in connection with air commerce, the Board may adopt any original, amended, or new individual, joint or special rates, charges or fares proposed by an air carrier if the proposed individual joint, or special rates, charges or fares are not unduly preferential or unduly discriminatory or unreason- able. The burden of proof to show that the proposed individual, loint or special rates, charges or fares are just and reasonable shall be upon the air carrier proposing the same. PAGENO="1012" 1006 AIR LAWS AND TREATIES OF THE WORLD In fixing rates, charges, or fares under the provisions of this Act, the Board shall take into considerations, among other factors: (a) The effect of such rates upon the movement of traffic; (b) The need in the public interest of adequate and efficient trans- portation of persons and property by air carriers at the lowest cost consistent with the furnishing of such service.; (c) Such standards respecting the character and quality of service to be rendered by air carriers as may be prescribed by or pursuant to law; (d) The inherent advantages of transportation by aircraft; and (e) The need of each air carrier for revenue sufficient to enable such air carrier, under honest, economical, and efficient management, to provide adequate and efficient air carrier service. (3) To authorize charters whether domestic or international and special air services or flight heretofore exercised by the Department of Commerce and Industry under Commonwealth Act Numbered Ninety-seven under such terms and conditions as in its judgment the public interest requires. (4) To approve or disapprove increases of capital, sale or equip- ment of an air carrier engaged in air commerce, consolidation, merger, purchase, lease, operating contract or acquisition and control between domestic air carriers; or between domestic air carriers and foreign air carriers; or between domestic air carriers and any person engaged in any phase of aeronautics. (5) To inquire onto the management of the business of any air carrier and, to the extent reasonably necessary for such inquiry, to obtain from such carrier, and from any person controlling, or con- trolled by, or under common control with, such air carrier, full and complete reports and other information. Such reports shall be under oath whenever the Board so requires. (6) To require annual, monthly, periodical, and special reports from any air carrier, to prescribe the manner and form in which such reports shall be made, and to require from any carrier specific answers to all questions upon which the Board may deem information to be necessary. Such report shall be under oath whenever the Board so requires. The Board may also require any air carrier to file with it any contract, agreement, understanding or arrangement, or a true copy thereof, between such air carrier and any other carrier or person, in relation to any traffic affected by the provisions of this Act. (7) To prescribe the forms of any and all accounts, records, and memoranda of the movement of traffic, as well as of the receipt and expenditures of money, and the length of time such accounts, records and memoranda shall be preserved: Provided, That any air carrier may keep additional accounts, records or memoranda if they do not impair the integrity of the accounts, records, or memoranda prescribed or approved by the board and do not constitute an undue financial burden on such air carrier. (8) To require each officer and director of any air carrier to trans- mit a report describing the shares or stock or other interest held by such air carrier with any persons engaged in any phase of aeronautics, and the holding of the stock in the control of, other persons engaged in any phase of aeronautics. PAGENO="1013" AIR LAWS AND TREATIES OF THE WORLD 1007 (D) The Board may investigate, upon complaint or upon its own initiative, whether any individual or air carrier, domestic or foreign, is violating any provisions of this Act, or the rules and regulations issued thereunder, and shall take such action, consistent with the pro- visions of this Act, as may be necessary to prevent further violation of such provision, or rules and regulations so issued. (E) The Board may issue subpoena or subpoena duces tecum~, re- quire the attendance and testimony of witnesses in any matter or in- quiry sending before the Board or its duly authorized re~presenta- tive, and require the production of books, papers, tariffs, con- tracts, agreements and all other documents submitted for purposes of this section to be under oath and verified by the person in custody thereof as to the truth and correctness of data appearing in such books, papers, tariffs, contracts, agreements and all other documents. (F) The Board may review, revise, reverse, modify, or affirm on appeal any administrative decision or order of the Administrator on matters pertaining to: (1) Grounding of airmen and aircraft; or (2) Revocation of any certificate or the denial by the Admini- strator of issuance of any certificate; or (3) Imposition of civil penalty of fine in connection with the violation of any provision of this Act or rules and regulations issued thereunder. (G) The Board shall have the power, either on its own initiative or upon review on appeal form an order or decision of the Administrator, to determine whether to impose, remit, mitigate, increase, or com- promise, such fines and civil penalties as the case may be. (H) (1) The Civil Ae.ronautics Board shall be advised of, and shall consult with the Department of Foreign Affairs concerning the negotiation of any air agreement with foreign governments for the promotion, establishment, or development of foreign air transporta- tion. (2) In exercising and performing its powers and duties under the provisions of this Act, the Civil Aeronautics Board shall take into consideration the obligation assumed by the Republic of the Philip- pines in any treaty, convention or agreement with foreign countries on matters affecting civil aviation. CHAPTER IV.-CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY SEC. 11. Nature, terms, and conditions.-Certificate of Public Con- venience and Necessity is a permit issued by the Board authorizing a person to engaged in air commerce and/or air transportation, foreign and/or domestic. Any permit may be altered, amended, modified, suspended, can- celled or revoked by the Board in whole or in part, upon complaint or petition or upon the Board's initiative as hereinafter provided, whenever the Board finds such action to be in the public interest. There shall be attached to the exercise of the privileges granted by the permit, or amendment thereto, such reasonable terms, conditions or limitations as, in the judgment of the Board, the public interest may require. PAGENO="1014" 1008 AIR LAWS AND TREATIES OF THE WORLD No permit shall confer any proprietary, property, or exclusive right in the use of any air space, civil airway, landing area or government air-navigation facility. The permit shall, among others specify the terminal and intermedi- ate points, if any, between which the air carrier is authorized to oper- ate, the service to be rendered, the time of arrival and departure at each point, and the frequency of flights: Provided, That no change in routes, rates, schedules, or frequency nor supplemental or additional flights to those covered by an Air Commerce Permit or franchise shall be affected without prior approval of the Civil Aeronautics Board. Insofar as the operation is to take place without the Philippines, the permit shall designate the terminal and intermediate points only in- sofar as the Board shall deem practicable, and otherwise shall desig- nate only the general route or routes to be followed. No carrier shall abandon any route, or part thereof for which a permit has been issued, unless upon findings by the Civil Aeronautics Board that such an ~bondenment is uneconomical and is in the public interest. SEc. 12. Citizenship requirement.-Except as otherwise provided in the Constitution and existing treaty or treaties, permit authorizing a person to engage in domestic air commerce and/or air transportation shall be issued only to citizens of the Philippines. SEC. 13. Conduct of proceedings.-The Board shall conduct. its pro- ceedings in such manner as will be conducive to the proper dispatch of business and to the ends of justice. All hearings and investigations before the Civil Aeronautics Board shall be governed by the rules of procedure adopted by the Board, and in the conduct thereof the Board shall not be bound by the technical rules of evidence. SEC. 14. Delegation of authority to conduct hearings.-The Board may designate in writing any of its members or any of its officers to conduct hearings and investigations on any matter pending before the Board and for that purpose the person so designated shall have au- thority to administer oaths, issue subpoena and subpoena duces tecum, require the attendance and testimony of witnesses, examine witnesses, make ocular inspection of or enter into any airline establishment, building, place or premise in the performance of its official business. SEC. 15. Application for permit.-Application for permit shall be made to the Board in writing and shall be verified. Said application shall be in such form, shall contain such information, and shall be accompanied by such proof of service upon such interested persons as the Board shall by regulation require. SEC. 16. Notice.-Upon the filing of any such application, the Board shall give due notice thereof: (1) to the public, by posting a notice of such application in the Office of the Civil Aeronautics Board and by publication once a week for three consecutive weeks, at the ex- pense of the application, in a newspaper of general circulation, and (2) to such other persons as the Board may by regulation determine: Provided, however, That notice of publication may be dispensed with by the Board whenever, in its judgment, the public interest so requires. Any interested person may file with the Board a memorandum in sup- port of, or in opposition to, the issuance of the permit. SEC. 17. Time and place of meeting.-Within a week after the last publication of the application as provided in section 16 of this Act, PAGENO="1015" AIR LAWS AND TREATIES OF THE WORLD 1009 the Board or its duly designated representative shall set the time and the place for the meeting of the parties interested in said application or their attorneys, and shall notify said parties or their attorneys in writing to appear: Provided, That., if publication has been dispensed with, the Board shall immediately set the time and place for the meet- ing of the parties. SEC. 18. Non-appearance.-If a party interested in the application fails to appear or if no party appears at the designated time and place, the Board or its duly designated representative may proceed ex parte or, in `his discretion adjourn the proceeding for a future date, giving notice to the absent party or parties of the adjournment. SEC. 19. Depositions.-The Board or its duly designated repre- sentatives may, in any investigation or hearing, by order in writing, cause the depositions of witnesses residing within or without the Philippines to be taken in the manner prescribed' by the Rules of Court. Witnesses whose depositions are necessary shall be entitled to mile- age fees at the same rates as those allowed in the Courts of First Instance. SEC. 20. Hearings and records of proceedings.-Hearings on all ap- plications shall be open to the public unless the Board shall determine otherwise for reasons of national security. Proceedings shall be recorded in such form and manner as may be determined by the Board and the record of proceedings shall become part of the records of the application. SEC. 21. Issuance of permit.-The Board shall issue a permit author- izing the whole or any part of the service covered by the application, if it finds: (1) that the applicant is not willing and able to perform such service properly in conformity with the provisions of this act and the rules, regulations, and requirement issued thereunder, and (2) that such service is required by the public convenience and necessity, otherwise the application shall be denied. SEC. 22. Modification, suspension or revocation.-The `Board, upon petition or complaint or upon its own initiative, may, by order entered after notice and opportunity for hearing, alter, amend, modify or sus- pend any permit, in whole or in part, if public convenience and neces- sity so require, or may revoke any permit, in whole or in part, for intentional failure to comply with any provision of this Act or any order, rule or regulation issued thereunder, or any term condition or limitation of such permit: Provided, That the Board, for good cause, may, by order without notice and hearing suspend, for a period not to exceed thirty days, any permit or the exercise or any privilege or authority issued or granted under this Act whenever such step shall, in the judgment of the Board, be necessary to avoid serious or irre- parable damage or inconvenience to the public. Any interested per- son may file wit.h the Board a protest or memorandum in support of or in opposition to the alteration, amendment, modificatiOn, suspension or revocation of any permit. SEC. 23. Transfer of permit.-No permit may be transferred unless such transfer is approved by the Board as being consistent with the public interest. SEC. 24. Effective date and duration of permit.-Each permit shall be effective from the date specified therein and shall continue PAGENO="1016" 1010 AIR LAWS AND TREATIES OF THE WORLD in effect until suspended or revoked or until the Board shall certify that operation thereunder has ceased: Provided, That if any service authorized by a permit is not inaugurated within a period of ninety days after the date of authorization as shall be fixed by the Board or after such other period as may be designated by the Board, the Board may by order direct that such permit shall thereupon cease to be ef- fective to the extent of such service: Provided, further, That no permit shall be issued for a period of more than twenty-five (25) years. CHAPTER V.-CIVIL AERONAUTICS ADMINISTRATION SEC. 25. Organization of the Civil Aeronautics Administration.- The Civ~il Aeronautics Administration shall be under the administra- tive supervision and control of the Department of Commerce and In- dustry. The Civil Aeronautics Administration shall have one chief and one deputy chief who shall be known as "Administrator" and "Deputy Administrator," respectively. SEC. 26. The Civil Aeronautics Administrat.or.-The Administrator shall be appointed by the President of the Philippines with the con- sent of the commission on Appointments, and shall receive an annual basic salary of seven thousand two hundred pesos and, subject to the approval of the President, additional salary of one thousand eight hundred pesos per annum. He shall be the administrative head of the Civil Aeronautics Administration and shall possess the powers generally conferred upon bureau heads. He shall administer all laws relating to civil aviation in the Philippines. He shall submit in writ- ing to the Department head annually or oftener as may be required, reports of t.he activities and transactions of his office. SEC. 27. The Deputy Administrator.-The Deputy Administrator shall be appointed by the President with the consent of the Commis- sion on Appointments. He shall receive an annual basic salary of six thousand pesos. SEC. 28. Authority of the Officers of the Civil Aeronautics Admin- istration to administer oaths.-Besides the Administrator, the Deputy Administrator, chief of the divisions, and duly designated members of the examining and investigating committees of the Civil Aero- nautics Administration shall have authority to administer oaths in the transaction of official business. SEC. 29. Permanent divisions.-T'he Civil Aeronautics Administra- tion shall have such permanent divisions as may be determined by Administrative regulations or office orders duly approved by the Sec- retary of Commerce and Industry, which shall likewise determine the rate of compensation for the chiefs of division and their subordinate personnel, as well as other matters, of detail concerning organization. SEC. 30. Officials and employees.-TJpon recommendation of the Administrator, such officers, assistants and emjloyees as may be nec- essary for the proper functioning of the Civil Aeronautics Adminis- tration shall be appointed by the Secretary of Commerce and Industry. The. Administrator may assign within the limits of available funds, officers, assistants, and other personnel for study and training abroad. All rated and/or licensed airmen and such other authorized per- sonnel of the Civil Aeronautics Board and/or Civil Aeronautics Ad- ministration who may be required to undertake or perform regular PAGENO="1017" AIR LAWS AND TREATIES OF THE WORLD 101-1 and frequent aerial flight in connection with their duties, shall at the discretion of the head of the office receive an increase in compensation equivalent to fifty per centun-t of their respective base pay: Provided, however, That the total flying hours per month shall not be less than four hours. Whenever the Administrator shall require the personnel of the Civil Aeronautics Administration to work beyond the usual office hours, the employees concerned shall in all cases be entitled to receive, as addi- tional compensation for the overtime work performed, at least twenty- five per centum of their regular salaries. SEC. 31. Temporary personnel.-The Administrator may, with the approval of the President, engage for temporary service such duly qualified consulting experts or other qualified persons as he may find necessary, and fix their compensation. - SEC. 32. Powers and Duties of the Administrator.-Subject to the general control and supervision of the Department Head, the Admin- *istrator shall have among others, the following powers and duties: (1) To carry out the purposes and policies established in this Act; to enforce the provisions of, the rules and regulations issued in pur- suance to, said Act, and he shall primarily be vested with authority to take charge of the technical and operational phase of civil aviation matters. (2) To designate and establish civil airways, and to acquire, con- trol, operate and maintain along such airways, air navigation' facili- ties and to chart such airways and arrange for their publication in- cluding the aeronautical charts or maps required by the international aeronautical agencies by utilizing the equipment, supplies or assist- ance of existing agencies of the government as far as practicable. (3) To issue airman's certificate specifying the capacity in which the holder thereof is authorized to serve as airman in connection with aircraft and shall be issued only upon the finding that the applicant is properly qualified and physically able to perform the duties of the position. The certificate shall contain such terms, conditions and limitations as the Administrator may determine to be necessary to assure safety in air commerce: Provided, however, That the airman's license shall be issued only to qualified persons who are citizens of the Philippines or qualified citizens of countries granting similar rights and privileges to citizens of the Philippines. (4) To issue airworthiness certificate for aircraft which shall pre- scribe the duration of such certificate, the type of service for which the aircraft may be used, and such other terms and conditions and limitations as are required. (5) To issue air carrier operating certificate and to establishmini- mum safety standards for the operation of the air carrier to whom such certificate is issued. The air carrier operating certificate shall be issued only to aircrafts registered under the provisions of this Act. (6) To issue type certificate for aircraft, aircraft engine, propellers and appliances. (7) To inspect, classify and rate any air navigation facilities and aerodromes available for the use of aircraft as to its suitability for such use a-nd to issue a certificate for such air navigation facility and aerodrome; and to -determine the suitability of foreign aerodromes, PAGENO="1018" 1012 AIR LAWS AND TREATIES OF THE WORLD and navigation facilities ~s well as air routes to be use~~E, prior jo the operation of `Philippine registered aircraft in foreign air transporta- tion and from time to time thereafter as may be required in the interest of safety in air commerce. (8) To issue certificates for persons or civil aviation schools giving instruction in flying, repair stations, and other air agencies and pro- vide for the examination and rating thereof. (9) To promulgate rules and regulations as may be necessary in the interest of safety in air commerce pertaining to the issuance of the airman's certificate including licensing of operating and mechanical personnel, type certificate for aircraft, aircraft engines, propellers and appliances, airworthiness certificate, air carrier operating certifi- cate, air agency certificate, navigation facility and aerodrome certifi- cate, air traffic routes, radio and aeronautical telecommunications and air navigation aids, aircraft accident inquiry, aerodroines, both public and private owned; construction of obstructions to aerodromes; regis- tration of aircr~~ft; search and rescue, facilitation of air transport; operations of aircraft, both for domestic and international, including scheduled and non-scheduled; meteorology in relation to civil avia- tion; rules of the air; air traffic services; rules for prevention~ of collision of aircraft; identification of aircraft, rules for safe altitudes of flight; and such other rules, regulations, standards, governing other practices, methods, procedures as the Administrator may find neces- sary and appropriate to provide adequately for safety regularity and efficiency in air commerce and air navigation. (10) To provide for the enforcement of the rules and regulations issued under the provisions of this Act and to conduct investigations for violations thereto. In undertaking such investigation, to require by subpoena or subpoena duces t~cuim, the attendance and testimony of witness, the production of books, papers, documents, exhibits matter, evidence, or the taking of depositions before any person authorized to administer oath. Refusal to submit to the reasonable requirements of the investigation committee shall be punishable in accordance with the provisions of this Act. (11) To investigate accidents involving aircraft and report to the Civil Aeronautics Board the facts, conditions and circumstances re- lating to the accidents and the probable cause thereof; and to make such recommendations to the Civil Aeronautics Board as may tend to prevent similar accidents in the future: Provided, That when any accident has resulted in serious or fatal injury the Civil Aeronautics Board shall make public such report and recommendations; And pro- vided, further, That no report on any accident or any statement made during any investigation or during hearing relative to such accident may `be admitted as evidence or used for any purpose in any civil suit growing out of any matter revealed within any such report, statement, investigation or hearing. (12) To collect and disseminate information relative to civil aero- nautics and the development of air commerce and the aeronautical in- dustry; to exchange with foreign governments, information pertain- ing to civil aeronautics; and to provide for direct communication all matters relating to the technical or operational phase of aeronautics with international aeronautical agencies. PAGENO="1019" AIR LAWS AND TREATIES OF THE WORLD 1013 (13) To acquire and operate such aircraft as may be necessary to execute the duties and functions as the Civil Aeronautics Administra- tion prescribed in this Act. (14) To plan, design, acquire, establish, construct, operate, improve, maintain, and repair necessary aerodromes and other air navigation facilities. (15) To impose and fix, except those mentioned in section forty, paragraph twenty-five and hereinafter provided, reasonable charges and fees for the use of government aerodromes or air navigation facilities; for services rendered by the Civil Aeronautics Administra- tion in the rating of any aerodrome of air navigation facilities, civil aviation school and instructions, aircraft repair stations, and aircraft radio and aeronautical telecommunications stations. To collect and receive charges and fees for the registration of aircraft and for the issuance and/or renewal of licenses or certificates for aircraft, aircraft engines, propellers and appliances and airmen as provided in this Act. (16) To fix the reasonable charges to be imposed in the use of pri- vately owned air navigation facilities and aerodromes. (17) To impose fines and/or civil penalties and make compromises in respect thereto. (18) To adopt a system for registration of aircraft as hereinafter provided. (19) To participate actively with the largest possible degree in the development of international standardization of practices in aviation matters important to safe, expeditiDus, and easy navigation, and to implement as far as practicable the international standards, recom- mended practices, and policies adopted by appropriate international aeronautical agencies. (20) To exercise and perform its powers and duties under this Act consistent with any obligation assumed by the Republic of the Philip- pines in any treaty, convention or agreement on civil aviation matters. (21) To cooperate, assist and coordinate with any research and technical agency of the Government on matters relating to research and technical studies on design, materials, workmanship, construction, performance, maintenance, and operation of aircraft, aircraft engines, propellers, appliances and air navigation facilities including aircraft fuel and oil: Provided, That nothing in this Act shall be construed to authorize the duplication of the laboratory research, activities or tech- nical studies of any existing governmental agency. (22) To designate such prohibited and danger areas, in consonance with the requirements of the international aeronautical agencies and national security. (23) To issue, deny, cancel or revoke any certificate, permit or li- cense pertaining to aircraft, airmen, and all agencies: Provided, That any order denying, cancelling, revoking the certificate, permit or li- cense may be appealed to the Civil Aeronautics Board, whose de- cisions shall be final, within fifteen days from the date of notification of such denial, cancellation or revocation. (24) To administer, operate, manage, control, maintain and de- v~lop the Manila International Airport and all government-owned aerodromes except those controlled or operated by the Armed Forces of the Philippines, including such powers and duties as: (a) to plan, design, construct, equip, expand, improve, repair or alter aerodromes PAGENO="1020" 1014 AIR LAWS AND TREATIES OF THE WORLD or such structures, improvements, or air navigation facilities; (b) to enter into, make and execute contracts of any kind with any person, firm, or public or private corporation or entity; (c) to acquire, hold, purchase, or lease any personal or real property, right of ways, and easements which may be proper or necessary: Provided, That no real property thus acquired and any other real property of the Civil Aero- nautics Administration shall be sold without the approval of the President of the Philippines; (d) to grant to any person, such con- cession or concession right.s on space or property within or upon the aerodrome for purposes essential or appropriate to the operation of the aerodrorne upon such terms and conditions as the Administrator may deem proper: Provided, however, That the exclusive use of any landing strip or runway within the aerodrome shall not be granted to any person; (e) to determine the types of aircraft that may be al- lowed to use any of the aerodrornes under its management and con- trol in the interest of public safety; (f) to prescribe, adopt, establish and enforce such rules and regulations consistent with existing laws, rules and regulations, as may be necessary for the safety, health and welfare of the public within the aerodrome. (25) To determine, fix, impose, collect and receive landing fees, parking space fees, royalties on sales or deliveries, direct or indirect, to any aircraft for its use of aviation gasoline, oil and lubricants, spare parts, accessories, and supplies, tools, other royalties, fees or rentals for t.he use of any of the property under its management and control. As used in this sub-section: (1) "Landing fees" refer to all charges for the use of any landing strip or runway by any aircraft landing or taking off at an aerodrome. (2) "Terminal fees" refer to charges for parking at or near the ramp, terminal area, or building, for purposes of loading or unloading passengers and/or cargo. (3) "Royalties" refer to all charges based on gross business or sales, or gross or net profit. (4) "Supplies" include any and all items of whatever nature or description which may be necessary for, or incidental to, the operation of an aircraft. (26) To grant permit to civil aircraft or persons to carry instru- ment or photographic device to be used for aerial photography or taking of pictures by photograph or sketching of any part of the Philippines. SEc. 33. The Civil Aeronautics Administration shall make an an- nual report on the Department Head which shall contain such infor- mation and data as may be considered of value in the development of civil aeronautics and such recommendation as to additional legis- lation of civil aeronautics as may be deemed necessary. CHAPTER VI.-REGISTRATION AND RECORD SEC. 34. Eligibility for registration.-Except as otherwise provided in the Constitution and existing treaty or treaties, no aircraft shall be eligible for registration unless it is owned by a citizen or citizens of the Philippines and is not registered under the laws of any foreign country. PAGENO="1021" AIR LAWS AND TREATIES OF THE WORLD 1015 Such certificate shall be conclusive evidence of nationality for in- ternational purposes, but not in any proceedings under the laws of the Republic of the Philippines. The certificate of registration is conclusive evidence of ownership, except in a proceeding where such ownership is, or may be, at issue. SEC. 35. Application for aircraft registration.-Applications for certificate of registration shall be made in writing, signed and sworn to be the owner of any aircraft eligible for registration. The applica- tion shall also state: (1) the date and place of filing; (2) the specifica~ tion, construction, and technical description of the aircraft, and (3) such other information as may be required by the Administrator in such manner and form as the Administrator may by regulations prescribe. SEC. 36. Issuance of certificate of registration.-Shoulcl the Ad- ministrator, upon considering the application for registration, find the aircraft eligible for registration, such aircraft shall be registered by the Administrator, and the Administrator shall issue to the owner thereof a certificate of registration. SEC. 37. Revocation.-Any certificate or registration may be re- voked by the Administrator for any course which renders the air- craft ineligible for registration. SEC. 38. Conveyance to be recorded.-No conveyance made or ex- ecuted, which affects the title to, or interest in, a.ny civil aircraft of Philippine registry, or any portion thereof shall be valid in respect to such aircraft or portion thereof against any person other than the person by whom the conveyance is made or executed, his heirs, assignees, executors, administrators, devisees, or successors, in interest, and any person having actual notice thereof, until such conveyance is recorded in the Office of the Civil Aeronautics Administration. Every such conveyance so recorded in the Civil Aeronautics Admin- istration shall be valid as against all persons. Any instrument, re- cording of which is required by the provisions of this Act, shall take effect from the date of its record in the books of the Civil Aero- nautics Administration, and not from the date of its execution. SEC. 39. Form of conveyance.-No conveyance may be recorded under the provisions of this Act unless it complies with the require- ments for the registration of documents affecting land. The con- veyance to be recorded shall also state: (1) the interest in the air- craft of the person by whom such conveyance is made or executed or, in the case of a contract of conditional sale, the interest of the vendor; and (2) the interest transferred by the conveyance. SEC. 40. Method of recording.-The Administrator shall record conveyances delivered to it in the order of their receipt, in files kept for that purpose, indexed to show: (a) the identifying description of the aircraft; (b) the means of the parties to the conveyance; (c) the date of the instrument and the date and time it is recorded; (ci) the interest in the aircraft transferred by the conveyance; (e) if such conveyance is made as security for indebtedness, the amount and date of maturity of such indebtedness; and (f) all particular estates, mortgages, liens, leases, orders, and other encumbrances and all decrees, instruments, attachments, PAGENO="1022" 1016 AIR LAWS AND TREATIES OF THE WORLD or entries affecting aircraft and other matters properly deter- mined under this Act. SEC. 41. Previously unrecorded ownership.-Applications for the issuance or renewal of an airworthiness certificate for aircraft whose ownership has not been recorded as provided in this Act shall con- tain such information with respect to the ownership of the aircraft as the Administrator shall deem necessary to show who have property interests in such aircraft and the nature and extent of such interest. CHAPTER VII-VIOLATION AND PENALTIES SEC. 42. Specific penalties.-(A) Any person engaging in air com- merce without a permit issued by the Board as provided in this Act shall be punished by a fine not exceeding five thousand pesos or by imprisonment for not more than one year, or both, in the dis- cretion of the court: Provided, That a person engaging in air com- merce on the date of the approval of this Act may continue so to engage until such time as the Board shall pass upon an application for a permit for such service, which application must be filed, as pro- vided in Chapter IV of this Act, within one hundred and twenty days after the approval of this Act. (B) Any air carrier violating any of the terms, conditions or limitations contained in any permit or amendment thereto shall be punished by a fine not exceeding one thousand pesos for each vio- lation. (C) Any air carrier violating any order, rule or regulation issued by the Board shall be punished by a fine not exceeding one thousand pesos for each violation. (D) The following acts shall subject any air carrier to a fine not exceeding one thousand pesos for each offense: (1) Discounts or rebates on authorized rates, fares and charges; (2) Adopting rates, fares and charges which have been found or determined by the Board to be unjust, unreasonable, unduly preferential or unjustly discriminatory in a final order; or which have not been previously approved and authorized by the Board; (3) Issuing any free pass, free tickets or free or reduced rates, fares or charges for passengers except to the following persons: (a) officers, agents, employees of the air carrier and their immediate families; (b) witnesses and attorneys attend- ing any legal investigation into accidents or any legal investi- gation in which such air carrier is interested; (c) persons in- jured in aircraft accidents and physicians and nurses attending such persons; (d) member of the Board; (c) officers and person- nel of the Civil Aeronautics Administration when traveling on official business upon the exhibition of their credentials; (f) mem- bers of Congress of the Philippines; and (g) such other per- sons duly approved by the Board. (E) Any person who operates any civil aircraft in violation of any rule, regulation or order issued by the Administrator relating to aeronautical safety standards or practices or procedures shall be punished by a fine not exceeding five thousand pesos or by imprison- mint for not more than one year, or both, in the discretion of the court. PAGENO="1023" AIR LAWS AND TREATIES OF THE WORLD 1017 (F) Any person who, without the previous approval of the Civil Aeronautics Board, effects any consolidation, merger, purchase, lease, operating contract or acquisition and control between domestic air carriers, or between domestic air carrier and foreign air carriers, or between domestic air carriers and any person engaged in any phase of aeronautics shall be punished by a fine of five thousand pesos or by imprisonment for not more than one year, or both, in the discretion of the court. (G) No person shall use an unregistered aircraft eligible for regis- tration under the provisions of the Act. Any person whO operates such aircraft shall be punished by a fine not .exceeding five thousand pesos or by imprisonment for not more than six months, or both, in the discretion of the court. (H) Any person serving in any capacity as an airman in connection with any civil aircraft without an airman certificate, or in violation of the terms of any such certificate or in excess of the rating of such cer- tificate shall be punished by a fine not exceeding five thousands pesos. The repetition of this offense shall be sufficient cause for the revoca- tion of the airman's certificate. (I) Any person who employs in connection with any civil aircraft used in air commerce an airman who. does not have an airman's cer- tificate authorizing him to serve in the capacity for which he is em- ployed, shall be punished by a fine not exceeding five thousand pesos. A repetition of the offense shall be sufficient cause for revocation of the permit. (J) Any person who operates any civil aircraft for which there is not currently in effect an airworthiness certificate or in violation of the terms of such certificate shall be punished by a fine not exceeding five thousand pesos. The repetition of this offense shall be sufficient cause for the revocation of th,e permit. (K) Any person who without previous approval and authorization of the Board, shall adopt, establish, maintain, change, revise, aban- don, alter, amend, deter, reject, discontinue, suspend, or restore, any classification, rule or regulation, or practice affecting routes, itiner- aries, schedules, classifications, increase or decrease of frequency of flights, in any manner whatsoever, shall be punished by a fine of five thousand pesos. The repetition of such offense shall be sufficient cause for revocation of the permit. (L) No person shall interfere, obstruct, hinder, or delay the Civil Aeronautics Board or any person duly delegated by the Board in the performance of its duties in the public interest. A fine not exceeding five thousand pesos shall be imposed upon anyone who: * (1) with intent to interfere with the performance of the duties of the Board or any person duly delegated by the Board, shall knowingly or willfully alter, falsify, mutilate any report, ac- counts, records, books, papers, contracts, agreements, and all other documents; or (2) shall knowingly and willfully fail or refuse: (a) to make and/or submit the books, contracts, tariffs, papers, agreements, reports and all other documents required to be submitted by him for consideration before the Administrator or his duly authorized representative or before the Board; or (b) to keep or preserve ac- counts, records, memoranda, books, reports, papers, and all other PAGENO="1024" 1018 AIR LAWS AND TREATIES OF THE WORLD documents required by the Administrator or his duly authorized representative, or by the Civil Aeronautics Board; or (3) is guilty of misconduct in the presence of the Board or so near the same as to obstruct or interrupt the hearing or ses- sion or any proceedings before the Board and/or the Admin- istrator or any representative duly authorized by them; or shall conduct himself in a rude or disorderly manner before the Ad- ministrator or his duly authorized representative or any member of the Board engaged in the discharge of official duty; or shall orally or in writing disrespectfully offend or insult any of the above-named bodies or persons on the occasion of or in the per- formance of their official duty or during any hearing, session, or investigation held by either the Board or Administrator or their duly designated representative; or (4) refuses to be sworn in as a witness or to answer as such when lawfully required to do so: Provided, That, the Board or the Administrator or their duly authorized representative shall, if necessary, be entitled to the assistance of the municipal police for the execution of any order to compel a witness to be present or to testify; or (5) without lawful justification or excuse, hinders, obstruct, or delays the Civil Aeronautics Board, the Administrator or their duly designated representative in the inspection or examination of the books and/or accounts of an air carrier for the purpose of ascertaining the correctness in any material particular of any report, papers, documents, books, contracts, agreements and/or other documents submitted by such air carrier, or for any other purpose deemed by the Board and/or the Civil Aeronautics Ad- ministration to be in accordance with the public interest; or (6) neglects or refuses to attend and/or testify and/or to answer any lawful inquiry or to produce books, papers, or docu- ments, if in his power to do so, in obedience to the subpoena or lawful requirements of the Civil Aeronautics Board or the Civil Aeronautics Administration; or (7) testifies falsely or makes false affidavits or both before the Board or Civil Aeronautics Administration or any duly desig- nated representative of either. (M) No person shall interfere with air navigation. A fine not ex- ceeding five thousand pesos or imprisonment for not more than one year, or both, in the discretion of the court, shall be impressed upon any person who: (1) with intent to interfere with air navigation within the Philippines, exhibits within the Philippines any light or signal at such place or in such manner that it is likely to be mistaken for a true light or signal established pursuant to this Act or for a true light or signal in connection with an airport or other air naviga- tion facility; or (2) after due warning by the Administrator, continues to maintain any misleading light or signal; or (3) knowingly removes, extinguishes, or interferes with the operation of any true light or signal. (N) Any person, who shall knowingly and willfully forge, counter- feit, alter, or falsely make any certificate authorized to be issued un- PAGENO="1025" AIR LAWS AND TREATIES OF THE WORLD 1019 d.er this Act or knowingly use or attempt to use any fraudulent cer- tificate shall be punished by a fine not exceeding five thousand pesos or imprisonment for not more than one year, or both, in the discre- tion of the court. (0) For the purpose of carrying out the provisions of this section, the manager, or general manager or business manager, or person in charge of the business of the firm or corporation committing an un- lawful act shall be held personally liable. (P) The Administrator may file the necessary complaints for the imposition of the penalties provided by this Act. SEc. 43. General penalty.-Any violation of the provisions of this Act, or any order, rule or regulation issued thereunder, or any term, condition or limitation of any certificate or permit issued under this Act for which no penalty is expressly provided shall be punished by a fine not exceeding five hundred pesos for each violation. SEc. 44. Compromise regarding penalty.-The Civil Aeronautics Board may enter into compromise with respect to any penalty of fine imposed by virtue of the provisions of this Act. Failure to comply with the order or decision of the Board respecting such compromise shall be deemed good and sufficient reason for the suspension of the permit or any certificate until compliance is made. Compliance may also be enforced by appropriate action brought in a court of com- petent jurisdiction. CHAPTER VIII.-ORDER AND JUDICIAL REVIEW SEC. 45. Enforcement of ord.ers.-The orders, decisions, and regula- tions of the Board and the terms and conditions of any certificate issued by it may also be enforced by any of the civil remedies pro- vided by existing laws. SEC. 46. Effective date of orders and decisions.-All orders, rules, and regulations of the Civil Aeronautics Board shall take effect at such time as the Board may prescribe. Whenever the Board is of the opinion that an emergency requiring immediate action exists in respect to safety in air navigation, it may, upon complaint or upon its initiative, make such just and reasonable orders, rules and regulations as may be essential in the interest of safety in air navigation to meet such emergency, without answer or other form of pleading by the interested person or persons, with or without notice, hearing, or the making or filling of a report: Provided, That the Board shall immedi- ately initiate proceedings relating to the matters embraced in any such order, rule, or regulation and shall, insofar as practicable, give preference to such proceedings over all others under this Act. SEC. 47. Reconsideration of orders.-Any interested party may re- quest the reconsideration of any order, ruling or decision of the Civil Aeronautics Board by petition filed within fifteen days from the date of the notice of the said order, ruling or decision made by the Board. * The petition shall clearly and specifically state the grounds for recon- sideration. Copies of said petition shall be served on all parties in- terested in the matter. It shall be the duty of the Board to call a hearing on said petition without delay; after notice to all parties con- cerned, and, after hearing, to decide the same as soon as practicable. SEC. 48. Finality of decision, order or ruling.-lDecisions, orders, 67717 0-61-65 PAGENO="1026" 1020 AIR LAWS AND TREATIES OF THE WORLD and/or rulings of the Board shall become final and conclusive after fifteen days from the date thereof unless appealed within said period to the Supreme Court by certificate. SEC. 49. Judicial review.-The Supreme Court may review any order, ruling or decision of the Board and modify or set aside such ord~r, ruling or decision when it clearly appears that there was no evidence before the Board to support reasonably such order, ruling or decision, or that the same is contrary to law or that the Board has no or has exceeded its jurisdiction. The evidence presented to the Board together with the record of proceedings before the Board shall be certified by the Secretary of the Board to the Supreme Court. Any ruling, order, decision or award of the Civil Aeronautic,s Board, except such ruling, order, decision, or award with respect to the issuance of a permit, may be reviewed by the Supreme Court upon a writ of certiorari in proper cases. The procedure for review, except as herein provided, shall be prescribed by the Supreme Court. Except as otherwise provided in the preceding paragraph, all orders, rulings, or decisions of the Board may be reviewed on the application of any person affected thereby by certiorari in appropri- ate cases or by petition to be known as Petition for Review, which shall be filed within fifteen days from the notification of such order, ruling or decision, or, in case a petition for the reconsideration of such order is filed in accordance with the preceding section and the same is denied, within fifteen days after notice of the order denying the petition for reconsideration. Said petition ~hall be placed on file in the office of the Supreme Court, which shall furnish copies thereof to the secretary of the Board, and other parties interested. CHAPTER Ix.-RECEIPTS OF THE CIVIL AERONAUTICS ADMINISTRATION AND CIVIL AERONAUTICS BOARD SEC. 50. Fees.-For services rendered and documents issued by the Civil Aeronautics Administration and/or the Civil Aeronautics Board, the following fees shall be charged and collected: (1) For filing of an application to engage in air commerce, two hundred and fifty pesos; (2) For filing of an application for ratings of aviation schools and other air agencies, one hundred pesos; (3) For each airman's certificate issued, a maximum charge of fifty pesos; (4) For certifying copies of official documents and orders in the files of the Civil Aeronautics Administration and Civil Aero- nautics Board, fifty centavos per copy, plus twenty centavos per each page of folio so certified; (5) For certified transcripts of notes of the Civil Aeronautics Administration or Civil Aeronautics Board, thirty centavos for each page of not less than two hundred words; (6) For the registration of aircraft, a maximum fee of fifty pesos for every aircraft registered, regardless of type; (7) For the registration of engines, propellers and/or appli- ances, a fee of ten pesos for every engine, propeller and/or appli- ance registered. SEC. 51. Other fees.-When any act or service has been performed or rendered by the Civil Aeronautics Administration under the pro- PAGENO="1027" AIR LAWS AND TREATIES OF THE WORLD 1021 visions of this Act for which no fee has been fixed by law, such fees shall be collected as may from time to time be prescribed by the Civil Aeronautics Administration with the approval of the Department Head. SEC. 52. Disposition of receipts.-All money collected by the Civil Aeronautics Administration under the provisions of this Act shall constitute a revolving fund and shall be disbursed for the construction, repair, maintenance and improvement of government air navigation facilities: Provided, however, That any and all sums to be derived and collected for the Manila International Airport as well as cash and collections on accounts receivable standing to the credit of the National Airports Corporation and the Manila International Airport Division shall accrue to the Manila International Airport revolving fund which shall be disbursed by the Civil Aeronautics Administra- tion for the operation of the Manila International Airport and for such other expenses as may be necessary, appropriate or incidental in connection therewith. CHAPTER X.-MISCELLANEOUS PROVISIONS SEC. 53. Separability of unconstitutional provisions.-The unconsti- tutionality of any section, subsection, sentence, clause, or term of this Act shall not affect the validity of the other provisions thereof. SEC. 54. The provisions of Commonwealth Act Numbered Ninety- seven (Commonwealth Act Numbered One hundred and sixty-eight as amended by Commonwealth Act Numbered Five hundred and twenty- nine) Republic Act Numbered One hundred and twenty-five, section one hundred and thirty-six to one hundred and fifty of Executive Order Numbered Ninety-four dated October four, nineteen hundred and forty-seven, sections two, three, four, and six of Executive Order Numbered Three hundred and sixty-five dated November ten, nineteen hundred and fifty, and Republic Act Numbered One hundred and fifty eight, and all other laws, executive orders, administrative orders or proclamations or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly. The present personnel of, and all unexpended balances of appropri- ations available to, the Civil Aeronautics Administration created under the aforementioned Executive Orders shall be transferred to, and shall be available for use by the Civil Aeronautics Administration reorganized under this Act, respectively. SEC. 55. Appropriation.-The sum of sixty thousand pesos or so much thereof as may be necessary is authorized to be appropriated out of any funds in the National Treasury not otherwise appropriated for the purpose of carrying out the provisions of sections seven and eight, Chapter III, of this Act, and the sum of sixty thousand pesos or so much thereof as may be necessary, is authorized to be appropriated out of any funds in the said Treasury not otherwise appropriated for carrying out the provisions of sections twenty-six, thirty and thirty- one, Chapter V, of this Act. SEC. 56. Effectivity.-This Act shall take effect upon its approval. Approved, June 20, 1952. PAGENO="1028" ROMANIA THE AIR CODE OF THE ROMANIAN PEOPLE'S REFuBLIC Approved by Decree No. 516 of December 5, 1953 1 CHAPTER I-GENERAL PROVISIONS Art. 1. The Romanian People's Republic shall have exclusive and complete sovereignty over its air space. The air space of the Romanian People's Republic shall be the space included within the borders and above the territory of the Romanian People's Republic. Art. 2. The air space of the Romanian People's Republic shall include: (a) the space of air traffic; (b) areas reserved for air operations; (c) prohibited areas. The "space of air traffic" shall be that portion of the air space, whether in the air or on the ground, which is designated for takeoffs and landings, and in which the operation of aircraft is permitted, regardless of the ownership or the nature of such flight activities. "Areas reserved for air operations" shall be such portions of the air space that are reserved for specific aeronautical activities (areas for schools, aeronautical sports, testing and certification of aircraft, and similar activities). "Prohibited areas" shall be those portions of the air space where aircraft do not have the right to fly. Areas reserved for air operations and prohibited areas shall be established by the ministries to be designated by decision of the Council of Ministers. - Within the space of air traffic, conditional areas may be established in which aircraft may fly only if they observe certain conditions. Art. 3. Civil and military flight operations shall be carried out within the air space of the Romanian People's Republic. The provisions of this Code shall apply to all civilian flight activ- ities and to all persons and contrivances employed for such activities. Military flight activities shall be regulated by separate provisions. Art. 4. Civilian flight activities of the Rornanian People's Repub- lic shall have as their purpose: a) the achievement and continual development of public air transportation for passengers and goods (public air traffic); b) the achievement and development of utilitarian aerona.utics (air transportation) in support of the national economy and in order to raise the living standard of the working people by serv- 1 Buletinul Oficial al Marii Adunari Nationale R.P.R. (Official Law Gazette of the Grand National Assembly of th~e R.P.R.) No. 56 of December 30, 1953, as amended by Decree No. 204, B.O. No. 15, May 11, 1956, and Decree No. 212, B.O. No. 17, June 20, 1959. 1022 PAGENO="1029" AIR LAWS AND TREATIES OF THE WORLD 1023 ing industry, agriculture, forestry, fishing, medical and health activities, scientific research, aerial photography, and . similar activities; c) the achievement and development of aviation as a sport for the masses and for cultural and educational activities and exhibitions. Art. 5. Civil flying activities in the Romanian People's Republic shall be carried on under [the supervision of] the ministries and state institutions, people's councils, organizations, enterprises and private persons. The following shall be deemed the "Central Administration of Civil Aviation" within the meaning of this Code: ministries, institutions, S organizations or enterprises which carry on civilian flight activities by virtue of special laws or international conventions and which have civil aviation activities under their supervision. The central units of civil aviation may carry out only such flights which form the object of their specific activities as stated in their laws of organization and functioning or in international conventions. Art. 6. The Ministry of Land, Sea and Air Transportation,2 through the general directorate of the civil air fleet, shall be the state agency which regulates, coordinates and controls all civil avia- tion activities in the air and on the ground within the space of air traffic of the Romanian People's Republic. Within the area reserved for civil aviation, air traffic for civil aviation activities shall be subject to the regulations and the control of the central unit for which the respective area has been reserved, provided that the minimum technical conditions established by the Ministry of Land, Sea and Air Transportation are complied with. Art. `7. International civil flight activities within the air space of the Romanian People's Republic shall take place on air routes or in areas established for such activities. They shall be governed by the provisions of international air agreements and conventions concluded by the Romanian People's Republic, by the provisions of this Code, and in accordance with the decisions of the Council of Ministers and the flight regulations for the airspace of the Romanian People's Re- public, drawn up on the basis of these decisions. Art. 8. All civil aviation facilities in the Romanian People's Re- public, including airfields, structures and ground installations, shall be State property. The following shall be excepted: a) civil aircraft, flight equipment and air installations belong- ing to air transport enterprisesestablished by international agree- ments concluded by the Romanian People's Republic; b) cooperative-collective property of civil aircraft, flight equipment, structures and aeronautical installations; c) private civil aircraft and flight equipment. Art. 9. Civil aircraft, flight and airdrome equipment, civil air- fields, structures and installations shall be included in the inventory of `the central organization of civil aviation, in accordance with their 2 The present title "Ministry of Land, Sea and Air Transportation" was established by Article II of Decree No. 204, B.O. No. 15 of May 11, 1956. The old title as mentioned in Decree No. 516, B.O. No. 52 of Dec. 8, 1953 was "Ministry of Sea and Air Transportation." PAGENO="1030" 1024 AIR LAWS AND TREATIES OF THE WORLD laws of organization and with the provisions concerning the procure- ment of basic facilities and the transfer of the use of such facilities. For the achievement of their task, the agencies of State adminis- tration, organizations, and enterprises other than the central organi- zation of civil aviation, in conformity with the provisions of Article 5, paragraph 2, may acquire civil aircraft, flight and airdrome equip- ment, civil airfields, structures and installations, with the agreement of, and under the conditions for maintenance and use established by the Ministry of Land, Sea and Air Transportation. Private persons may acquire civil aircraft and flight equipment with the approval of the Ministry of Land, Sea and Air Transporta- tio'n, which shall establish in eaèh case the conditions for their main- tenance and use. Aviation facilities mentioned in this article may not be mortgaged, pledged or form the object of law suits, irrespective of the nature of the debt. Art. 10. Romanian laws and regu]ations shall also apply to civil aircraft not registered in the Romanian People's Republic and to their flight crews and passengers on board, throughout the time of their flight within the air space of the Romanian People's Republic, with the exceptions established by international agreements and con- ventions concluded by the Romanian People's Republic. Legal acts and events taking place on board civilian aircraft regis- tered in the Romanian People's Republic, as well as the legal status of their cargo, during an international flight beyond the borders of the Romanian People's Republic, shall be regulated by the laws of the Romanian People's Republic. Damage caused on the ground by Romanian civil aircraft or by Romanian civil aircraft during an international flight beyond the borders of the Romanian People's Republic, shall be under the juris- diction of the State on whose territory the damage was ca.used, with the exception of the cases provided for by international agreements and conventions concluded by the Romanian People's Republic. CHAPTER Il-CIVIL AIRCRAFT Art. 11. All flying craft (heavier or lighter than air) used for the transportation of passengers or goods, with the exception of those air- craft held and used by the Air Force, shall be considered civil aircraft. The classification of civil aircraft shall be established in Annex No. 1 of this Code. Art. 12. The construction of civil aircraft may be undertaken in the Rornanian People's Republic only in accordance with the prior tech- nical advice of the Ministry of Land, Sea and Air Transportation. Certification and acceptance of civil aircraft and the use of flight accessories shall be in accordance with the technical standards of per- formance in flight of civil aircraft, approved by an order issued by the Ministry of Land, Sea and Air Transportation. Art. 13. Any civil aircraft built in, or imported into the Romanian People's Republic shall be attested to be airworthy by an airworthi- ness certificate issued for a specified period. The issuance, acknowledgement, extension and withdrawal of air- worthiness certificates for aircraft which fly within the air traffic space PAGENO="1031" AIR LAWS AND TREATIES OF THE WORLD 1025 shall .be made by the Ministry of Land, Sea and Air Transportation according to the conditions established by this Ministry. For sporting gliders, parachutes and free balloons intended for sporting aviation, the issuance, acknowledgement, extension and with- drawal of airworthiness certificates shall be made by the central au- thority for sporting aviation. Catapults for launching civil aircraft shall be used only on the basis of certificates issued under the same conditions as airworthiness cer- tificates for civil aircraft. The Ministry of Land, Sea and Air Transportation shall keep * records of all airworthiness certificates of civil aircraft listed in Article 13, Paragraph 2, built in, or imported into the Rornanian People's Republic, in the register of records of airworthiness of civil aircraft. Art. 14. After issuing the certificates of airworthiness all civil air- craft shall be ~egistered by the Ministry of Land, Sea, and Air Trans- portation in the sole book of registration of civil aircraft. Art. 15. All aircraft registered in the register of civil aircraft shall bear the nationality markings and the flag of the Romanian People's Republic, as described in Annex 2 of this Code. Following their registration, the Ministry of Land, Sea and Air Transportation, shall supply the aircraft with a. registration certificate and with an identification mark. The nationality marking and the identification mark shall constitute the registration marks of civil air- craft and shall be applied to the fuselage so that they may be identified both from the air and from the ground. In addition to their registra- tion marks, civil aircraft may also have applied to their fuselage, upon the approval of the Ministry of Land, Sea and Air Transportation, other marks, colors or inscriptions, on condition that these do not in- terfere with identification of the registration marks from the air or from the ground. A registration certificate shall be evidence of Romanian nationality and of the civil character of an aircraft built in the Romanian People's Republic or imported into it. Art. 16. The validity of the registration certificate of a Romanian civil aircraft shall cease as soon as the aircraft is removed from the register of civil aircraft by the Ministry of Land Sea and Air Trans- portation. The changes and modifications to which an aircraft has been sub- jected prior to removal [from the register] shall be recorded in the register of civil aircraft and in the respective registration certificate. They shall be deemed to have effect with respect to third parties only if these formalities are fulfilled. Whenever a civil aircraft has been registered in the Romanian Peo- ple's Republic, previous registrations of the Same in the registers of other states shall no longer be recognized by the Romanian People's Republic. Likewise, the Romanian People's Republic shall not recog- nize the registration of Romanian civil aircraft in other states if they have not been previously removed from the register of civil aircraft. Art 17. Takeoffs and flights within the air traffic space of civil air- craft registered in the Romanian People's Republic may be made oniy [by planes] carrying flight documents. PAGENO="1032" 1026 AIR LAWS AND TREATIES OF THE WORLD The following flight documents shall be carried by civil aircraft within the air traffic space: the registration certificate; the airworthiness certificate; a flight plan and logbook or mission order, according to the nature of the flight; a radio license, radio logbook and telecommunications code manual for aircraft provided with radios. Aircraft which do not possess such documents shall be grounded by the competent agencies until special approval for taking off is given under the conditions established by the Ministry of Land, Sea and Air Transportation. At the airbase at which they are registered, civil aircraft. shall also carry aircraft documents consisting of board and engine papers issued at the same time as the airworthiness certificate. Besides flight, documents and aircraft documents, civil aircraft shall carry, according to the nature of their activity or mission, other specific documents (board documents) ; however, if such documents are lack- ing or are not in order, the aircraft shall not be grounded. The Ministry of Land, Sea and Air Transportation, together with the central authorities of civil aviation shall issue the forms for the flight documents, and shall establish the rules and the method of is- suIng specific bo~rd documents, the flight log, the radio log, and the rules according to which entries shall be made in these [documents]. Licenses for radio sets on board civil aircraft shall be issued by the Ministry of Post~ and Telecomniunications.~ All flight and aircraft documents of civil aircra.ft removed from the register of civil aviation shall be forwarded to the Ministry of Land, Sea and Air Transportation within 15 days and kept on record for at least 5 years from the date of removal [from the registry]. CHAPTER Ill-CIvIL AvIATION PERSONNEL SECTION I-GENERAL PROVISIONS Art. 18. The civil aviation personnel of the Rumanian People's Republic shall be composed of: a) The flight crew; b) the ground crew. In order to become a member of the civil aviation personnel of the Rumanian People's Republic and to fulfill the corresponding duties in flying or on the ground, the following shall be required: 1. Rumanian citizenship; 2. A certificate of qualification. The certificate of qualification referred to in clause 2 of this article shall be a personal document issued and extended for periods of one year. The respective training, examinations and qualifications for the entire civil flight and ground personnel of the Rumanian People's Republic shall be established and enforced by the Ministry of Road, Naval and Air Trausport~, with the exception of the training, examina- tions and qualifications for the flight and ground personnel in the `The Ministry of Post and Telecomunications became the Directorate of Post and Tele- communications within the framework of the Ministry of Transportation and Telecom- municatidns (Law No. 2, B.O. No. 11, March 28, 1957)i. PAGENO="1033" AIR LAWS AND TREATIES OF THE WORLD 1027 sporting aviation who carry on their activities in the areas reserved for sporting aviation as established and enforced by the central authorities of the sporting aviation. The psychological and physical examinations of the civil aviation personnel shall be made exclusively by the medical center of civil aviation, organized within the Ministry of Land, Sea and Air Trans- portation which functions in collaboration with the Institute of Physi- ology of the Academy of the Rumanian People's Republic. The certificate of qualification of the entire air and ground person- nel in the civil aviation of the Rumanian People's Republic shall be issued, acknowledged, extended, exchanged, suspended or withdrawn by the Ministry of Land, Sea and Air Transportation, with the ex- ception of the certificate of qualification of the personnel in the sport- ing aviation of the Rumanian People's Republic which shall be issued, extended, exchanged, suspended or withdrawn by the central author- ity of the sporting aviation. The documents issued by the central authority of the sporting aviation Lo the air crew on performance-type gliders and free balloons shall be valid within the entire air space of the Rumanian People's Republic. Art. 19. The flight and ground personnel of the civil aviation of the Romanian People's Republic must, according to their qualifications, continually raise the level of their special technical training, both theoretical and practical, and must have up-to-date knowledge of air legislation. All this shall be checked when the documents of the civil air personnel are extended, acknowledged or exchanged. Art. 20. It shall be compulsory for the civil aviation personnel to obtain certificates of qualification for the duration of the flight activ- ities of the flight crew and the ground activities of the ground personnel. The absence of a certificate or some irregularity therein shall result in the immediate suspension of activities of the member of the civil aviation personnel which shall last until the certificate is revalidated. Art. 21. The civil aviation personnel shall be classified according to their specialty and qualification, and technical and practical train- ing, as established by the Ministry of Land, Sea and Air Transporta- tion in agreement with the competent agencies. Art. 22. Citizens of other States may be granted permission to become members of the civil aviation personnel `of the Romanian People's Republic on the basis of international agreements or con- ventions concluded by the Romanian People's Republic or on the basis of a permission given by the Ministry of Land, Sea and Air Transportation after consultation with the ministries concerned. Such persons shall be supplied with certifications of qualification as member of the civil aviation personnel in recognition of the docu- ments they hold. SECTION Il-FLIGHT CREW Art. 23. The flight crew shall include: A. The flight, crew on board a civil aircraft: the pilot, navigator, radio operator, mechanic, and any other member of the crew partici- pating in the navigation of an aircraft. B. The technical or auxiliary staff oi~ board a civil aircraft who are not members of the flight crew, but exercise functions on board in PAGENO="1034" 1028 AIR LAWS AND TREATIES OF THE WORLD connection with passengers, cargo, or special apparatus of the air- craft while in flight, testing after repairs, current repair and marnte- nance of the aircraft and those who have control of aircraft with a view to issuing or extending certificates of airworthiness. The flight crew mentioned under letters A and B shall become pro- fessional upon its employment in its respective flight functions. Throughout the duration of their practical training, the students of flight crew training schools shall be included in the flight crew under conditions established by special provisions. Any other .person on board a civil aircraft shall be considered a passenger and shall not be included in the flight crew. Art. 24. The document of qualification of a member of a flight crew must include the category, class and type of the aircraft on board which the holder of the respective document may exercise his functions. Only a crewman qualified for passenger flights may work on air- craft carrying passengers. Art. 25. Beginning with the first flight carried out at a civil avia- tion school, the entire flight activities of a flight crew must be recorded in an individual flight logbook, which must be completed and main- tained in accordance with the provisions in force. The flight logbook shall be a compulsory document for the estab- lishment of the length of service of the flight crew in order to calculate pensions and shall, whenever necessary, prove the flight activities of the holder. Crew, captain of an aircraft and pilot-captain on board Art. 26. Civil aircraft which, in addition to the pilot, require other personnel, shall employ the services of a crew. The crew of a civil aircraft shall include the crew and the technical or auxiliary staff on board. The participation of other persons besides the crew on board air- craft undergoing technical tests shall be prohibited. A certificate of airworthiness shall establish the composition of the crew of civil aircraft in accordance with their function, according to the class and category of the aircraft. Art. 27. The sole pilot or the first pilot of a civil aircraft, qualified for the category, class and type of the respective aircraft shall be its captain. The function of a captain of an aircraft shall begin when he takes over the aircraft in order to carry out a mission and shall last until the aircraft is returned upon completion of the mission. On board, the captain of the aircraft shall also exercise the function of the au- thorized official of the civil authorities and officer of the judiciary police [militia]. The captain of an aircraft which tows other aircraft shall also be the captain of the latter until it is released. Art. 28. The captain of an aircraft shall be responsible for the prep- aration Qf each separate flight. For this purpose he must: a) establish, together with the entire crew, the details of navi- gation and flight and check the condition and the training of the crew; PAGENO="1035" AIR LAWS AND TREATIES OF THE WORLD 1029 b) verify the flight documents of the aircraft; c) verify the technical condition of the aircraft, of its engines, and installations and equipment; d) check whether the a1rcraft has sufficient fuel and lubricants for carrying out the mission; e) verify the fulfillment of the conditions required by the certificate of airworthiness in respect to the cargo and the ade- quate distribution of such cargo. The captain of the aircraft must refuse to take off if he finds irreg- ularities when carrying out the tasks established by this article. Art. 29. For the duration of the mission, the captain of an aircraft shall be responsible to the agency which entrusted him with the mis- sion, for carrying it out satisfactorily, for strict observance of the provisions of the Code concerning flight and the standards of air navi- gation, for the behaviour and discipline of the crew during the flight and on the ground, and for the use and maintenance in good condition of the aircraft while in flight. During stops or any other landings while on a mission, the responsi- bility of the captain of an aircraft for the aircraft, passengers and cargo shall cease as soon as the aircraft is handed over to the airport controller, after the entire crew and the passengers have left the plane. His responsibility shall begin again when he takes over the aircraft. On landing the captain of an aircraft must turn over to the airport controller his aircraft documents and the documents on board. During the flight the captain of the aircraft may not transfer his authority to other persons. If, however, during the flight or on the ground the captain of the aircraft is prevented, by any cause whatso- ever, from exercising his functions, and if another person has not been appointed to replace him, the function of captain of the aircraft shall be exercised by the other members of the crew in the following order: pilot, navigator, mechanic, mechanic on board, wireless operator, aux- iliary staff. Art. 30. Instructions given by the captain of an aircraft during flight must be strictly observed by all persons in the aircraft. The captain of the aircraft shall have unlimited disciplinary power for the purpose of satisfactorily fulfilling the mission and may take whatever measures he deems necessary against persons who fail to comply with his instructions. He may land any member of the crew or any passenger at an intermediary stop if [the taking of] such a measure is necessary for the safety of the flight and the maintenance of order in the aircraft. Likewise, if necessary to save the aircraft, he may order the jettisoning of ballast. In case of danger, the captain of an aircraft shall have the duty to take all necessary steps for saving the passengers, crew and cargo. He must be the last to leave the aircraft. . In case of an accident during the flight, the captain of a civil air- craft shall perform all his duties until the competent authority re- lieves him of the mission he was to have carried out with the aircraft. Art. 31. If military action is directed against the Romanian Peo- ple's Republic, the captain of a civil aircraft must take all steps nec- essary to prevent the aircraft, the aircra.ft documents and the docu- inents on board, the crew, the passengers and the cargo from being captured by the enemy. PAGENO="1036" 1030 AIR LAWS AND TREATIES OF THE WORLD Art. 32. On the ground, the captain of the aircraft shall have the following duties: a) to take necessary action in case his aircraft is held or in case steps are taken concerning the crew, passengers or cargo; b) on behalf of the operator of the aircraft or of the owners of the goods on board, to take any steps necessary and incus- pensable for carrying out or continuing the flight in good condi- tion. For this purpose the captain of the aircraft shall have the right to sign documents or agreements. In case of damage, forced landing, etc. the captain of an aircraft shall be entitled to take all the steps demanded by the situation, justi- fying them later and taking into account the interests of the operator of the aircraft and of the owners of the goods on board. Unless he has special authorization to do so, the captain of an air- craft may in no event alienate the aircraft, parts of the aircraft or any other property included in its inventory. Art. 33. By virtue of the exception of Article 27, a person other than the sole pilot or first pilot of an aircraft may be appointed as captain of the aircraft. In this case the sole. pilot: or first pilot of the aircraft may exercise the function of pilot-captain. The duties and responsibilities for carrying out a mission shall be divided between the captain of the aircraft and the pilot-captain as follows: From the time of taking off until the landing, the pilot-captain shall be entrusted with and shall be responsible for the technical direction of the aircraft and its safety during the flight, and may take any steps [necessary] for the achievement of the safety of the flight. In case of danger he shall be the last to leave the aircraft; In accordance with the provisions of this Code, the captain of the aircraft shall be entrusted with, and responsible for the carrying out of the mission in good condition in respect to all other operations which do not concern the actual direction and safety of the aircraft while in flight. In flights for the testing and t ~chni cal inspection of an aircraft or with a view to issuing or extending the certificate of airworthiness, the technician who carries out sn ch operations shall also be the captain of the aircraft. SECTION Ill-GROUND CREW Art. 34. The ground crew who may exercise aeronautical functions on a civil airdrome in the IRomanian People's Republic shall include the tech- nical ground personnel qualified for the category and class of the re- spective airdrome who directly participate in the technical prepara- tion, direction and maintenance of flight safety over the airdrome and within the area of the airdorne. The managen-ient of the aeronautical activities of a civil airdrome shall be assigned to the airdrome controller. The technical staff in charge of the installation for the safety of air navigation within the territory, outside the zone of the airdrome, shall be assimilated to the airdrome staff. The Ministry of Land, Sea and Air Transportation shall establish according to functions, the minimum qualification and duties of the ground crew of civil airdromes open to public traffic (airports), in PAGENO="1037" AIR LAWS AND TREATIES OF THE WORLD 1031 accordance with the provisions of Article 44 of this Code, and the com- position and duties of the ground crew outside the airdrome zones which is in charge of safety installations for air travel in the Roman- ian People's Republic. The standards regarding such personnel shall be applied in accord- ance with the laws in force. Art. 35. The airdrome controller of a civil airdrome shall perform the fol- lowing tasks: 1. direct all flight activities in the air and on the ground, within the airdrome and within the airdrome zone; 2. administer the area included in the inventory of the air- drome on behalf of its operator. 3. insure that the measures taken in accordance with Article 47, for clearing areas of obstacles endangering air navigation are ob- served. The airdrome controller must be thoroughly acquainted with all ad- ministrative, topographical and climatic conditions of his airdrome and airdrome zone. Within airdromes open to public air traffic the controller of the air- drome shall be the agency of the Ministry of Land, Sea and Air Trans- ports. WTithin other airdromes, the airdrome controllers shall be sub- ordinate to the central agencies of civil aviation which operate the respective airdromes. For civil aviation areas operated in accordance with the provisions of Article 9, Paragraph 2 of this Code, management of the aero- nautical activities shall be carried out in accordance with special instructions given, according to circumstances, by the Ministry of Land, Sea and Air Transports. The airdrome controller may delegate his functions to technical agencies subordinate to him. In bad weather conditions the takeoff and landing operations shall be carried out under the direction of the airdrome controller. In the absence of the airdrome controller or if he is unable to per- form his duties, the duties of the controller shall be performed by the superintendent of air traffic if no other person has previously been appointed to replace him. As regards installations for the safety of air traffic installed outside the airdrome zones, and which are operated by a ground crew, the heads of such stations shall direct and administer all activities of such * installations. Art. 36. The airdrome controller shall have authority over the en- tire technical and administrative staff of the airdrome and the civil or military guards of the airdrome, with the exception of the customs, health, and military agencies which function in accordance with in- structions issued by the administrative authorities to which they belong. The instruct.ions issued by the controller in the exercise of his duties shall be binding for all persons during the navigation of aircraft within the zone. All crews of civil aircraft, regardless of the category or the unit to which they belong, shall be subordinate to the airdrome controller. Art. 37. The airdrome controller shall hold the seal of the airdrome and shall be the only person entitled to issue visas before the takeoff PAGENO="1038" 1032 AIR LAWS AND TREATIES OF THE WORLD or landing on the basis of aircraft documents submitted by the cap- tains of aircraft... He shall be responsible. for the accuracy of the verifications made when granting such visas. The airdrome con- troller shall be entitled to retain any aircraft. if he finds any lack of [information] or any irregularity in the aircraft documents or if this is necessary as a preventive measure for the safety of the flight. The airdrome controller shall be responsible for the successful per- formance of all aeronautical activities within his jurisdiction, for the strict observance of the rules of air and airport traffic, for the behavior and discipline of the agencies under him, and for the good function- ing of all airdrome installations and those within the airdrome zone, necessary for the carrying out of the respective activities. He may take any steps [necessary] . for removing danger or obstacles danger- ous to air navigation. Art. 38. Within t.he airdrome the responsibility of the airdrome controller as regards aircraft, crews, passengers and cargo shall begin, in ac- cordance with Article 29, as soon as the responsibility of the captain of the aircraft ceases, and shall end as follows: As regards passengers and cargo: when they leave the airdrome in domestic flights, and on delivering them to the customs agen- cies, in international flights; As regards aircraft; when handing them over to the military authorities at the airdrome after the crew has left the aircraft and the aircraft has been closed in the presence of its capt.ain and placed in the hangar. Art. 89. The airdrome controller must make, a written report. in case of disregard or infringement.s of aeronautical provisions and for- ward them without delay to his supervisory authority and to the Ministry of Land, Sea and Air Transportation. SECTION IV-LABOR CONDITIONS AND RIGHTS OF PERSONNEL Flight per8onnel in civil aviation Art. 40. By derogation from the provisions of common law, the professional flight personnel in civil aviation shall enjoy, for the strain caused by the efforts and risks of flying, special working con- ditions, allowances for flight, the protection a.nd stimulation of work, rest, insurance in case of death or of inability t.o work, and old-age pensions, established by special laws. By "old-age pensions" of professional flight personnel in civil avia- tion shall be understood a pension to which flight personnel are en- titled after reaching the length of service calculated on the basis of strain in aerona.ut.ical work, without also requiring any age limit. Any member of the professional flight personnel in civil aviation who loses his ability to work while on duty shall, in case of an air accident or industrial disease, be granted a higher disability pension. Likewise, the family of a member of the professional flight personnel in civil aviation who dies while on duty, shall be granted a higher pension for the loss of the breadwinner. Such pensions shall be estab- lished by special laws. The Ministry of Land, Sea and Air Transportation shall establish, according to functions, the minimum qualifications and duties of the PAGENO="1039" AIR LAWS AND TREATIES OF THE WORLD 1033 ground crew of civil airdromes open for public air traffic, in ac- cordance with the provisions of Article 44 of this Code, and the qualifications and duties of the ground crew outside the airdrome zones who are in charge of safety installations for air navigation in the Romanian People's Republic. Art. 41. The entire civil flight personnel in the Romanian People's Republic shall wear, while performing their duties, the uniform of civil aviation established by regulations to be approved by the Coun- cil of Ministers. CHAPTER Iv.-AREAS OF CIVIL AVIATION Art. 42. Civil aircraft may take off and land in the Romanian Peo- ple's Republic only in areas designated for civil aviation in accordance with the provisions of this Code. Such areas, generally called "civil aviation areas" are airdromes and working or auxiliary areas. Areas designated, even for a limited time, for the takeoff and land- ing of civil aircraft, and equipped with the structures and installations necessary for air traffic (aeronautical structures) shall be "airdromes." Airdromes equipped with structures and installations necessary for public passenger and freight transport (public air traffic) shall be "airports." Areas marked for flying, but not equipped with any buildings, or equipped with only a few structures and installations necessary for aeronautical activities, shall be "working areas" or "auxiliary areas." Notwithstanding the provisions of this article, civil aircraft may takeoff or land in any area within the territory of the Romanian Peo- pie's Republic in the following cases: a) a forced landing; b) carrying. out special missions specified in the aircraft log- book; c) performance flights of gliders or free balloons. Art. 43. Agencies must obtain the permission of the Ministry of Land, Sea and Air Transportation in order to establish the location of civil aviation areas in the Romanian People's Republic and test them within the space of air traffic. Art. 44. An area shall become a civil aviation area after it has been declared as such, and may be used by aircraft only after it has been officially approved and opened for air traffic. Civil aviation areas sub- ject to experiments with a view to being officially approved for air traffic shall be used only by civil aircraft with which such Qxperiments are being carried out. Civil aviation areas designated for public air traffic or freight trans- port and those operated in accordance with Article 9, Paragraph 2, shall be declared as civil aviation areas, tested, approved for air traf- fic or closed for such traffic by the Ministry of Land, Sea and Air Transportation. Civil airdromes shall be opened to public air traffic (airports) or closed to such traffic by order of the Ministry of Land, Sea and Air Transportation after previous consultation with the ministries concerned. PAGENO="1040" 1034 AIR LAWS AND TREATIES OF THE WORLD Civil airdromes open to domestic public air traffic may be opened to international air traffic if they fulfill the conditions demanded by the international standards for air navigation and traffic. Areas designed for air freigl1t transport and those held in accord- ance with Art. 9, Par. 2, shall be opened to air traffic by the Ministry of Land, Sea and Air Transportation. Civil aviation areas not provided for in paragraphs 2, 3 and 5 of this article shall be declared civil aviation areas, tested and officially approved for air traffic or withdrawn from such traffic by the central authorities of civil aviation under the minimum technical conditions established by the Ministry of Land, Sea and Air Transportation, with the approval of that Ministry and with the advice of the min- istries concerned. Areas approved for air traffic shall be grouped by categories and classes according to their destination and their capacity of use, under the technical conditions established by the Ministry of Land, Sea and Air Transportation. Civil aviation areas assigned and classified may be opened and used for air traffic only on the basis of certificates valid for one year, which are issued, extended, suspended or withdrawn by the central units of civil aviation mentioned in Paragraphs 2, 5 and 6 of this Article. Art. 45. Civil airdromes open to public air traffic (airports) shall be established, equipped and maintained by the Ministry of Land, Sea and Air Transportation. The areas controlled by the central administration of civil aviation shall be established, equipped and maintained by their administrators in accordance with the technical conditions established by the Ministry of Land, Sea and Air Transportation, in consideration of the category and class of the respective areas. On airdromes open to public air traffic (airports) where several civil aeronautical activities are carried out, some of which are not public air traffic, the central administration of aviation may, with the ap- proval of the Ministry of Land, Sea and Air Transportation, set up structures and installations necessary for their activities, provided such structures and installations do not endanger the safety of air communications and transports. Areas designed for air freight transports and those operated under the conditions established in Article 9, Paragraph 2, shall be set up, equipped, and maintained by their administrators under the direct guidance of the Ministry of Land, Sea and Air Transportation. Com- munal and district [regional] areas designed for air freight transports shall be set up and maintained by the People's Councils. All civil airdromes in the Romanian People's Republic shall be set up on the basis of studies and geotechnical surveys, the results of which shall be entered on the certificate of official approval and classi- fication cards of these airdromes. Structures and installations for the safety of air operations out- side an airdrome may be set up and used for civil aviation only with the approval of the Ministry of Land, Sea and Air Transportation under the technical and organizational conditions established by this Ministry. PAGENO="1041" AIR LAWS AND TREATIES OF THE WORLD 1035 In order to speed up the improvement of towns in the Romanian People's Republic, the People's Councils may participate in setting up, equipping and maintaining civil aviation areas by agreement, accord- ing to circumstances with the administrators of such areas. Art. 46. Any of the areas officially approved by the civil aviation authorities of the Romanian People's Republic may be transferred by the Ministry of Land, Sea and Air Transportation from a higher class and category to a lower class and category if the area is found to be no longer suitable for classification, setting up equipment or minimum maintenance. The Ministry of Land, Sea and Air Trans- portation also shall have the right to suspend, for a limited or un- limited period, the use of ground installations of any kind designed for civil aviation, if the emplacement or functioning of such installa- tions does not correspond to the conditions established for the safety of air navigation and circulation. In such cases the Ministry of Land, Sea and Air Transportation may extend the facilities, struc- tures and installations of civil aviation on the entire territory in- cluded within the space of air circulation, or change them in any way, with a view to achieving safety of the air transports and communications. Art. 47. For the safety of the takeoff and landing of aircraft and in order to ensure the adequate use of aeronautical facilities, struc- tures and installations on the territory, safety zones shall be estab- lished on and around the civil aviation areas as soon as they have been declared civil aviation areas in accordance with their purpose. The conditions for establishing, according to various categories of air- dromes, the zones which must be cleared of obstacles (aeronautical encumbrances), shall be specified in instructions issued by the Min- istry of Land, Sea and Air Transportation, to be issued in agreement with the ministries concerned. Authorization has been given to cultivate within the areas of airdromes only plants which serve to prevent erosion and maintain such areas. Areas shall also be cleared of obstacles while they are being tested for civil aviation, for a maximum period of one year after they have been chosen. Improvements, structures and installations, set up or maintained by agencies other than those of the Ministry of Land, Sea and Air Trans- portation, in disregard of the provisions of this Article may be re- moved or reduced as directed in presidential orders. Art. 48. Electrical structures and installations or radio stations likely to disturb radio communications of civil aviation may be set up and used within the zones of airdromes open for public air traffic or in the neighbourhood of aeronautical installations on airways only with the approval of the Ministry of Land, Sea and Air Transporta- tion. New structures and radio installations for civil avia.tion and new civil airdromes to be equipped with radio installations shall be set up by the Ministry of Land, Sea and Air Transportation in agreement with the Ministry of Post and Telecommunications ~ and with the State Planning Committee. Art. 4D. The use of civil airdromes and aeronautical installations See note 3 ~upra. 67717 O-61-----66 PAGENO="1042" 1036 AIR LAWS AND TREATIES OF THE WORLD within the territory of the Romanian People's Republic shall be trans- ferred, terminated, or their purpose changed in accordance with the legal provisions in force and with the approval of the Ministry of Land, Sea and Air Transportation. If a central administration of civil aviation ceases to use aeronauti- cal installations on airdromes or contiguous to airdromes, without transferring them to other central administrations of civil aviation, such installations shall be handed over for use to the Ministry of Land, Sea and Air Transportation. Art. 50. The areas of civil airdromes open for public air traffic (airports), together with all their buildings, shall be handed over to the Ministry of Land, Sea and Air Transportation. Art. 51. The People's Councils, the ministries, institutions, organ- izations and enterprises concerned with the planning and urban development of towns in the Romanian People's Republiè shall submit for the approval of the Ministry of Land, Sea and Air Transportation all their plans regarding the setting up, equipment, clearing of ob- stacles and organization of areas for civil aviation in the Romanian People's Republic before finally deciding on them. Art. 52. The provisions of this Code which refer to civil aviation areas shall apply, 1~y analogy, also to civil seaplane terminals and water landing places which can be used bycivil aircraft. CHAPTER V-AIR TRAFFIC SECTION 1-GENERAL PROVISIONS Art. 53. Civil aircraft, singly or in groups, may fly within the air space of the Romanian People's Republic in accordance with the pro- visions of this Code and with the technical standards established by the Ministry of Land, Sea and Air Transportation, as well as accord- ing to the decisions of the Council of Ministers and the regulations concerning flight within the air space. of the Rumanian People's Republic, established on the basis of these decisions. The regulations concerning flight within the air space of the Romanian People's Republic shall be established by the ministries to be indicated by decisions of the Council of Ministers. Civil seaplanes while on the water shall be subject to the legal provi- sions which apply to sea or river vessels. Art. 54. Flights of civil aircraft within the air space of the Romanian People's Republic shall be determined according to: a) the weather and visibility conditions; b) the distance which an aircraft is flying, calculated from the airport from which it takes off; c) its regularity. According to weather and visibility conditions the flights shall be classified as follows: flights with visibility (or visual navigation) and instrument flights (flights with reduced visibility). Night flights and flights over the sea outside territorial waters shall be considered instrument flights. Flight by night shall be understood to be the flight of a civil aircraft between sunset and sunrise (accord- ing to the official time of the territory over which the aircraft is flying). PAGENO="1043" AIR LAWS AND TREATIES OF THE WORLD 1037 Flights shall be classified according to the distance which the air- craft flies calculated from the airport; from which it takes off: a) flights within the airport area, i.e., over the airport and within the surrounding area established for each airport sepa- rately; b) flights outside the airport area. According to their regularity, flights shall be classified as follows: a) scheduled flights according to time-table and itineraries established in advance; b) non-scheduled flights, according to demand or necessity on any itinerary authorized within the air space (air routes). Flights outside the airport area, scheduled or non-scheduled, may be domestic or international. To ensure the safety of flights outside the airport areas, a system of air routes, along which permanent radio protection of aircraft is to he established, shall be set up in the Romanian People's Republic on the flight routes normally used by aircraft. Domestic and interna- tional air routes of the Romanian People's Republic shall be estab- lished by the rules and regulations of flying within the airspace of the Romanian People's Republic. Scheduled flights by all civil aircraft in the Romanian People's Republic, regardless of their kind and nationality, must follow the air routes. Art. 55. All flights within the air routes, outside the areas of air fields, may be carried out only in accordance with a flight plan, regard- less of the purpose of the flights or the conditions under which they are to be carried out. Such flight plan shall be drawn up by the captain of the aircraft and approved by the airport commander. Art. 56. No aircraft may take off without the authorization of the airfield commander, granted after inspection of the aircraft documents and compliance with the conditions established in the certificate of air- worthiness with respect to the cargo and its distribution in the aircraft. For special transports, as provided for in Art. 80(c), the airport com- mander may approve the takeoff of aircraft on [the basis] of a simple statement by the captain of the aircraft concerning its mission and cargo without verifying it; the captain shall, in this case, be alone responsible for the accuracy of his statement. During flights outside of airfield areas the captain of the aircraft shall enter in the aircraft log-book all events that happen on board or are observed from aboard the aircraft while carrying out his mission, and he shall be held responsible for the accuracy of his entries. These entries shall represent official evidence before all authorities in estab- lishing the respective acts and facts. Art. 57. Within the air routes civil aircraft which carry no radio aboard shall fly only under visual flight rules. In flights under visual flight rules the captain of the aircraft (the pilot-captain on board) shall have the initiative as regards piloting his aircraft, in accordance with the rules and regulations for air traffic. Within the airfield areas the captain of the aircraft (the pilot-captain on board) shall observe, in regard to taking off and landing, the in- structions of the airfield commander or of his deputies, and he shall be responsible for their application. PAGENO="1044" 1038 AIR LAWS AND TREATIES OF THE WORLD In instrument flights the captain of the aircraft (the pilot-captain on board) shall strictly follow the instructions of the agencies in charge of air traffic safety and he shall be responsible for the strict application thereof. In case of interruption or the impossibility of establishing air-ground communications, the captain of the aircraft shall observe the flight instructions until the first airport indicated for a landing is reached. The captain of the aircraft may not deviate from the rules and regu- lations for air traffic during flight or while on the ground except in cases of exceptional weather or technical conditions or in order to avoid an imminent danger; in such cases he shall communicate his deviation without delay by radio and justify his decision when the mission is accomplished. Technical test flights or tests for official acceptance and certification of aircraft, engines or board installations, and the movements of air- craft with a view to their repair, shall be carried out within the air routes with the approval of the Ministry of Land, Sea and Air Trans- portation. Performance and training gliders which carry on testing flights in the clouds shall be exempt from the provisions of Paragraph 1 of this Article, and their flight under instrument rules shall be regulated by special provisions in respect to the safety of air navigation. Art. 58. During flights over populated areas or crowded places (gatherings, open-air theatres, etc.) civil aircraft shall maintain an altitude which makes possible power-off landings on airfields or out- side populated areas without risk. Safe altitudes, both over populated areas or crowded places, and along the route, shall be established by the rules and regulations for air traffic. Art. 59. During flights, any action or manoeuvre on board which might endanger the situation of the aircraft, its passengers and cargo or of persons and property on the ground, and which is not caused by an imminent danger to the safety of the flight, shall be prohibited. Air acrobatics within the air routes without the permission of the Ministry of Land, Sea and Air Transportation shall be prohibited. Unless permitted by the Ministry of Land, Sea and Air Transpor- tation or by the central authority of civil aviation to which the air- craft belong it shall be prohibited to jettison any object from civil air- craft, with the exception of ballast, as provided for in Article 30, or where necessary for the navigation of free balloons, as established by the rules and regulations in regard to the traffic for balloons and parachutes, to tow another aircraft or object of any kind (panels, posters, etc.), or to jettison or pick up in flight objects of any kind not mentioned in the board documents of the aircraft. The jettisoning or the falling of objects of any kind from aboard aircraft shall give a right to compensation for the damage caused on the ground, regardless of the causes which determined such jettison- ing or falling. Art. 60. Regardless of the authorities to which it belongs or the nature of its flying activities, any aircraft may take off and land on civil airfields open to public air traffic (airports) or on areas desig- nated for air freight transports, according to the capacity of such areas. With a view to ensuring adequate takeoff the landing for PAGENO="1045" AIR LAWS AND TREATIES OF THE WORLD 1039 aircraft on airfields open to public air traffic, special takeoff and landing conditions may be established for the air crew, according to their training or experience. The takeoff and landing of civil aircraft on airfields open to public air traffic (airports) shall be carried out in the order of priority es- tablished by the Ministry of Land, Sea and Air Transportation. On the other areas of civil aviation the takeoff and landing of air- craft shall be carried out under the conditions established by the agen- cies which have jurisdiction over such areas, observing the provisions of this Code. In areas designated for air freight transport;, marked for flying but where no air crew is employed, the responsibility of the captain of the aircraft on landing shall be established by the rules and regu- lations for air circulation for landing on unknown ground. Aircraft which fulfil missions of rapid assistance, combating calami- ties, special State missions or aeronautical control may land on any civil aviation area. Autho~'ities [having jurisdiction over] civil aviation areas in the Romanian People's Republic shall give assistance to any aircraft landing in their areas at the demand of the captains of such a.ircraft. Similarly, throughout the territory of the Romanian People's Re- public, the local authorities, at the demand of the captains of air- craft, shall give assistance to any aircraft which have to land because of situations mentioned in Article 42, Paragraph 5 of this Code. SECTION Il-PROTEcTION OF AIR TRAFFIC Art. 61. The security, discipline, and regularity of planes in flight and on the ground shall be insured, within the air traffic space of the Romanian People's Republic, by the working systems for the protec- tion of civil air traffic. The protection of air traffic, as provided for in Paragraph 1, shall be achieved: a) on the ground, by taking all necessary operative measures for the guidance, radio direction, or discipline and coordination of air traffic, through central, regional, and airport dispatch systems; b) by organizing the reception and transmission of weather information through the Meteorological System of the Centr~1 Institute of Meteorology; c) by organizing the reception and tra.nsmission of communi- cations to pilots, through the Ministry of Land, Sea and Air Transportation. Art. 6~. The organization, direction, coordination, and control of the activities of air traffic protection within the air traffic space shall be constantly ensured by the Ministry of Land, Sea and Air Transporta- tion, which shall establish the necessary rules and regulations in accordance with international technical agreements. The Ministry of Land, Sea and Air Transportation shall provide uniform coordination of the radio-telegraph guidance in cases where, on the basis of special permission or international conventions, such [radio-telegraph guidance] is totally or partially ensured by other civil aviation authorities or transport enterprises. PAGENO="1046" 1040 AIR LAWS AND TREATIES OF THE WORLD No air route may be opened for air traffic until the necessary radio equipment for guiding aircraft along the entire route has been installed. Art. 63. The Ministry of Land, Sea and Air Transportation shall keep in the register of radio stations of civil aviation a record of all radio installations on board any aircraft and on the ground designated for civil aviation activity in the Romanian People's Republic; after such installations have been recorded in the register, the owners thereof must communicate to the Ministry of La.nd, Sea and Air Transporta- tion any transfer or change which might modify the organization and functioning of the dispatch services for the protection of air traffic. Art. 64. Meteorological information shall be given to civil aircraft free of charge by the Central Institute of Meteorology according to the technical conditions established in `agreement with the Ministry of Land, Sea and Air Transportat.ion. Weather forecasts for flights shall be given to any aircraft before it takes off, for each airport marked for landing on the flight plan and for auxiliary airfields on which meteorological stations are installed. The Ministry of Land, Sea and Air Transportation shall establish the location and category of meteorological stations for civil aviation. As regards their functioning in respect to the protection of air circu- lation, meteorological stations set up on airfields shall be subordinate to the dispatch services. The captain (pilot-captain on board) of an aircraft with a radio on board shall transmit observed meteorological phenomena to the dispatch services with which lie is in touch. Art. 65. The central administrations of civil aviation which exer- cise control within the space of air traffic, `the civil aviation areas or seaplane landing areas, and commanders of all civil airports or sea- plane landing areas of the Roma.nian People's Republic shall com- municate to the Ministry of Land, Sea and Air Transportation in- formation of any kind necessary for the transmission of "communi- cations to air navigators" in order to achieve flight safety. Art. 66. Within the space of air traffic the Ministry of Land, Sea and Air Transportation may establish special conditions and flight restrictions in certain areas of intense traffic in order to achieve flight safety. In order to achieve the safety of air traffic, airport commanders may temporarily suspend activities at the airports they control, ob- serving the rules and regulations established by the Ministry of Land, Sea and Air Transportation. SECTION Ill-INTERNATIONAL FLIGHTS Art. 67. Any flight of a civil aircraft registered in the Romanian People's Republic which crosses the borders of the Romanian Peo- ple's Republic and any flight of a civil aircraft not registered in the Romanian People's Republic, whether landing or not within the air space of the Romanian People's Republic, shall be considered as an international flight. International flights carried out according to timetables and pre- established itineraries (scheduled flights) shall be confined to the air space of the Romanian People's Republic on the basis of bilateral air PAGENO="1047" AIR LAWS AND TREATIES OF THE WORLD 1041 agreements and multilateral air conventions, concluded by the Ro- manian People's Republic. International flights of Romanian civil aircraft not provided for in bilateral air agreements or multilateral air conventions concluded by the Romanian People's Republic shall be approved by the Minis- try of Foreign Affairs in accordance with the proposal of the Minis- try of Land, Sea and Air Transportation as regards all flights, a.nd and as regards sports flights or flights of sporting interest after pro- posal by the central administration of sporting aviation. International flights of civil aircra.ft not registe.red in the Romanian People's Republic within the air space of the Romanian People's Republic which are not provided for by bilaterial air agreements or multilateral air conventions concluded by the Romanian People's Republic (occasional flights) shall be made only on the basis of a permit, issued according to [individual] circumstances, called "tran- sit permits." Transit permits shall be issued by the Ministry of Foreign Affairs. After consultation with the Ministry of Land, Sea. and Air Trans- portation, the Ministry of Foreign Affairs may reduce the transit formalities for aircraft not registered in the Romanian People's Re- public which make non-scheduled transit flights or which have to land for technical reasons, and for aircraft which make sports or record flights within the air space of the Romanian People's Republic. Art. 68. In non-scheduled flights the aircraft documents and the board documents of civil aircraft not registered in the Romanian People's Republic shall be taken into coi~sideration within the air space of the Romanian People's Republic through the fact that a transit permit has been issued. In non-scheduled flights the transit permit of civil aircraft of any category and nationality shall constitute a compulsory aircraft docu- ment, and in case it is impossible t.o issue such a document on taking off, the transit permit shall be entered in the log book by the com- mander of the home airfield. If, during an international flight, the aircraft documents, with the exception of the transit permit, of an aircraft not registered in the Romanian People's Republic are lost or their validity expires while the aircraft is within the air space of the Romanian People's Republic, the Ministry of Land, Sea and Air Transportation, at the request of the competent civil avia.tion agency of the country where the aircraft is registered, may authorize the takeoff and flight of the aircraft until it leaves the air space of the Romanian People's Republic under condi- tions establish~d between the two state agencies. If, during an international flight, a civil aircraft of any category or nationality does not have an aircraft document and a health certificate, the health data required by international health conventions shall be entered in the log book. For gliders or free balloons not registered in the Romanian Peo- ple's Republic which enter the air space of the Romanian People's Republic without a transit permit., on the occasion of a performance flight., the Ministry of Land, Sea and Air Transportation, in agree- ment with the central administration of sporting aviation, shall estab- lish, according to each case, the technical conditions under which the respective aircraft may take off again. PAGENO="1048" 1042 AIR LAWS AND TREATIES OF THE WORLD Art. 69. A civil aircraft of any category or nationality which, during an international flight, enters the space of the air traffic of the Ro- manian People's Republic, must. make the first landing in the Ro- manian People's Republic at a customs airport. Likewise, for civil aircraft which leave the territory of the Romanian People's Republic, the last takeoff must be from a customs airport. By customs airport shall be understood any airfield open for international public air traffic on which the customs agencies of the Romanian People's Republic are functioning. Sanitary and health controls shall also be set up at customs air ports; all civil aircraft which make international flights must pass through this control. If, during an international flight, a civil aircraft of any category or nationality has to make a forced landing outside the customs air- ports, the airfield shall, by any means [possible], get in touch with the Ministry of Land, Sea and Air Transportation and with the local au- thorities which must ensure customs control of the aircraft, cargo and passengers. Expenses incurred for this special control shall be paid by the authorities or persons to whom the repective aircraft belong. Art. 70. Civil aircraft not registered in the Romania~n People's Re- public which land on an airfield open to public air traffic (airport) shall observe the rules and regulations concerning taxes, landing, hangaring and maintenance. Sporting aircraft which make inter- national flights for contests, races or performances shall be exempt from taxes for landing and hangaring. Art. 71. Before continuing its flight, any civil aircraft not registered in the Romanian People's Republic may be tested by the technica.l agencies of the Ministry of Land, Sea and Air Transportation if the aircraft has suffered an accident and has been repaired in the Ro- manian People's Republic, or if technical defects have been found which might reduce the safety of air circulation. Art. 73. Regulations concerning international flight of civil aircraft not registered in the Romanian People's Republic and any changes thereof shall be communicated to air navigators by special notice is- sued by the Ministry of Land, Sea, and Air Transportation. CHAPTER VI-SEARCH AND RESCUE OF CIVIL AIRCRAFT IN DISTRESS Handling of flight accidents or incidents Art. 73. The ministry of Land, Sea and Air Transportation shall organize and direct all operations for the search or rescue of, and assistance to civil aircraft in danger or in distress within the air space and on the territory of the Romanian People's Republic. Each central agency of civil aviation must be equipped with ade- quate means for search and rescue so as to be able, if necessary, to participate in the collective effort for the search and rescue of civil aircraft in danger or in distress. Art. 74. The captain of a civil aircraft who receives a distress signal from another aircraft or from a vessel, and a captain who discovers an aircraft which has suffered an accident or any other disaster, must, if circumstnces permit, go to its assistance without, however, endanger- ing the safety of his own aircraft or of the passengers on board. If PAGENO="1049" AIR LAWS AND TREATIES OF THE WORLD 1043 he is unable to rescue those in distress, the captain must maintain constant radio contact with them; he must determine the place of distress and must give information by radio, or at the first airdrome, as to the situation found by him. Art. 75. Accidents which occur in the air or on the ground caused by flight activities of civil air personnel and which result in the serious injury or death of one or more persons, or in the damage of a civil aircraft which cannot be repaired by normal means, shall be coii- sidered "flight accidents." Damage to, or breakdowns of civil aircraft which do not cause serious injuries to persons or damage to the structure of the aircraft and which can be repaired by normal means shall be considered "flight incidents." All flight accidents which occur within the space of air circulation shall be investigated by the Ministry of Land, Sea and Air Transpor- tation with the participation in such investigation commission of a delegate of the agency to which the aircraft belongs. Accidents of civil aircraft which occur within the zones reserved for the formation of the central authorities of civil aviation shall be investigated by the respective central authority of civil aviation under the same conditions as those which occur within the space ~f air circulation. Incidents of flight shall be subject to investigation by the operators of the respective aircraft. Art. 76. Operators of civil aircraft must communicate to the Min- istry of Land, Sea and Air Transportation, without delay and in any manner possible, all flight accidents occurring in their activity, with a view to centralizing and keeping records thereof and in order to gain useful experience in the achievement of flight safety. The details of handling any flight ~ccidents or incidents shall be established by instructions issued by the Ministry of Land, Sea and Air Transportation. Art. 77. If a civil aircraft is damaged or is unable to continue its flight owing to the death, injury or sickness of members of the crew, the local authorities must give the necessary assistance, take over .the protection of the aircraft and communicate the incident without delay and by the quickest means available to the nearest agency of civil avia- tiOn. This agency, without delay, must get in touch with the central authority of civil aviation to which the aircraft, which has suffered the accident, belongs. Any person who observes or finds a civil aircraft in distress or the wreckage thereof on the ground or at sea must, without delay, inform the local authorities and the Ministry of Land, Sea and Air Transpor- tation. Art. 78. The assistance to, and rescue of civil aircraft at sea shall be carried out on the basis of the rules for assistance to, and rescue of maritime vessels. Art. 79. In' case of disaster or if immediate help or exceptional participation of civil aircraft is needed, the Ministry of Land, Sea and Air Trai~sportation may mobilize any civil aircraft registered in the Rumanian People's Republic for participation in such action. PAGENO="1050" 1044 AIR LAWS AND TREATIES OF THE WORLD CHAPTER VII-CIVIL AIR TRANSPORTATION SECTION I-DOMESTIC AIR TRANSPORTATION Art. 80 Air transportation shall be carried out in the Romanian People's Republic for the following purposes: a) to serve the carriage of passengers and, goods (luggage, goods, postal deliveries and any other objects which may be in- cluded in public air transportation) by scheduled or non-sched- uled public air flights; b) to serve public utility missions (in the service of industry, agriculture, forestry, the people's health, scientific research, etc.) in the form of freight air transportation; c) to serve higher State interests (internal air couriers, diplo- matic couriers, etc.) or the public order, in the form of special transports; d) to serve the requirements of the civil aviation authorities. Scheduled public air transportation may be supplemented~ within no more than 2 hours from the last scheduled flight, if 50% of the respective cargo has remained on the ground. Supplementary flights shall be subject to the same rules as scheduled flights. Art. 81. Public civil air transportation, air freight transportation or special transportation may only be ca.rried out by the central authorities of civil aviation authorised by their laws of organisation to carry out such transportation. Public air transport enterprises may only func- tion within t.he framework of the Ministry of Land, Sea and Air Transportation, under the supervision of this Ministry or on the basis of international conventions. Art. 82. Scheduled public air transportation shall be carried out according to schedule by' commercial air lines established by the Ministry of Land, Sea and Air Transportation. Commercial air lines may only be organized for exploitation by air transport enterprises after setting up of the respective air routes, in accordance with the provisions of Article 54, Paragraph 5, and Article 62, Paragraph 3, of this Code, and after they have been ap- proved or taken over by the Ministry of Land, Sea and Air Trans- portation. Art. 83. Public civil air and freight transport.ation shall be carried out on the basis of schedules, at the proposal of the Ministry of Land, Sea and Air Transportation. Art. 84. Public transportation of passengers and goods by air shall be carried out by the air transport enterprises on the basis of contracts, by which the respective enterprise undertakes to transport the passengers and goods to their destination by air, and the passengers or the consignors of the goods undertake to pay to the enterprise the cost of the trans- port according to tariff. The contract for air transport shall be considered concluded as soon as the enterprise has issued the trans- portation documents to the respective passenger or shipper of the,, goods. PAGENO="1051" AIR LAWS AND TREATIES OF THE WORLD 1045 Postal air transportation in the Rumanian People's Republic shall lie carried out on the basis of contracts concluded between the Min- istry of Post and Telecommunications and the air transport enter- prises, with the advice of the Ministry of Land, Sea and Air Trans- i)OrtatiOn. Air transportation carried out exclusively for the distribu- tion of newspapers in regions which are not easily accessible by other means of transportation, shall be considered air freight transportation. Air freight transportation shall be carried out either on the basis of contracts concluded between the parties concerned and the air transport enterprises, or on the basis of agreements concluded between the agencies of the State administration, institution, organisation or enterprise concerned and the central authorities of civil aviation who, by virtue of their laws of organisation, are entitled to carry out such transportation by their own means, or by service transport carried out by the central authorities of civil aviation for their own needs. Service transportation shall be free of charge and may only be carried out by [aircraft owned by the authority]. Flight of civil aircraft undertaken in accordance with Article 9, Paragraph 2, shall always be considered service transportation. Art. 85. Tariffs and tariff provisions for public air and freight air trans- ports carried out by air transport enterprises shall be established in accordance with the laws in force. Art. 86. The cost of service rendered in connection with air freight trans- portation may be established by contracts concluded for this purpose; the respective calculation may represent the total or partial value of the service, according to the general interests of the state authorities which have required such service. Art. 87. The duration of passenger air transportation shall be cal- culated from the time when the passenger has been supplied with the necessary transportation documents and is admitted to the place of departure by the agents of the carrier, either at the airport or by the means of transportation which the carrier has placed at his disposal for going to the airport, until the time at the place of destination when the passenger leaves the airport or the means of transportation placed at his disposal by the carrier. The duration of air freight transportation shall be calculated from the time of [the freight's] registration and actual receipt at the place of departure by the carrier or by his agents until delivery on arrival, either to the addressee in domestic transportation or to the customs agencies in international transportation or to the postal agencies in postal transportation of any kind. Art. 88. Air transportation enterprises or the central authorities of civil aviation which, by virtue of their laws or organization, are entitled to carry out public air or freight transportation may refuse carriage: a) if the carriage is cancelled or suspended as a result of legal or administrative provisions or owing to exceptional or unfore- seen technical or meteorological conditions; 5 See note 3 supra. PAGENO="1052" 1046 AIR LAWS AND TREATIES OF THE WORLD b) if the persons booked for the flight are within the categories of persons who are not permitted to travel by air (persons under the influence of liquor or in abnormal physical condition, persons with contagious diseases or open wounds, or persons who are un- willing to observe the compulsory provisions in respect to pas- sengers during flight), and other situations established by the regulations; c) if the objects to be carried are forbidden, either because they are prohibited by legal or administrative provisions, or because they represent a danger for the safety of the flight or for the car- riage of passengers and cargo (arms, munitions, explosives, radio transmitters, easily inflammable, corrosive or toxic materials, etc.). d) if no means of transportation are available or if the condi- tions established for air transportation in respect to the descrip- tion, weight and size of the cargo have not been fulfilled, or if the cargo has not been completed in accordance with the provisions of the certificate of airworthiness; e) if the carriage refers to a cargo which is the monopoly of another means of transportation. SignaTling devices (signal flares, guns for flares, etc.) and radio installations on board which are used for the direction a.nd safety of a flight, shall not be considered objects prohibited for air transportation. Photographic and cinematographic apparatus, radio receivers and hunting weapons shall be permitted for air transportation if they are packed with the other objects. Valuables and precious metals shall be permitted for air transpor- tation if they are insured. Art. 89. The insurance of passengers in civil air transportation shall be com- pulsory. In public, air transportation the insurance shall be com- bined with the contract, and in air freight transportation, special trans- portation, or service transportation it shall be made either directly by the traveller, or by the authorities of the State administration, insti- tution, organisation or enterprise for which the flight is carried out. Travellers who do not fulfill the conditions of this article shall be prohibited from flying. Art. 90. Travellers and shippers of goods must observe the provisions of this Code and the rules of air transportation which . were communicated to them by the contract of public a.ir transportation or by the agree- ment for air freight tra.nsportation. If such provisions and rules are not observed, the carrier, irrespective of the application of the pro- visions of Article 100, shall have the right to cancel t.he respective contract or agreement, without refunding the amount paid by the traveller or by the shipper of the goods. Art. 91. - In order to ensure that debts derived from a contract of public air transportation or from an agreement of air freight transportation are paid, the carrier shall have, on the shipment, the rights of a. creditor who holds securities as a guarantee. These rights shall cease as soon as the shipment has been delivered to the addressee i~ domestic air transportation, or to the customs agency in international air trans- portation. PAGENO="1053" AIR LAWS AND TREATIES OF THE WORLD 1047 The shipper may dispose of his goods until they have been de- livered to the addressee in domestic air tranportation, or to the cus- toms agency in international air transportation. Art. 92. If the flight is cancelled or totally suspended, the carrier must, without delay, refund at the demand of the respective traveller or shipper of the goods, the amount which they paid under the contract for public air or freight transportation. If the flight is interrupted the carrier must take the traveller or shipment to their destination by the quickest means of public trans- portation, and if the traveller or shipper refuses this means of trans- portation, refund to them the cost of the air transportation for the part which was not completed, [but was] provided for in the contract for public air transportation or in the agreement of air freight trans- portation. The cost of insurance of the passengers and goods shall not be refunded. If travellers, at their request, or if the shipment, upon rnstruc- tion by the shipper, are landed short of the destination for which the transportation document was issued, or if they have to be landed as a result of disregard of, or deviation from the rules of air trans- portation, the cost of the transportation shall not be refunded. Art. 93. If stipulated in the transportation contract or agreement, the car- rier may undertake to transport the passengers and goods to the desti- nation not only by air, but also part of the way by other means of transportation. In the case of mixed transportation (air, land, or sea) the provisions of this Code shall apply to the part of the transportation which has been carried out by air. Art. 94. The general provisions concerning public and air freight transpor- tation shall apply also to special or service air transportation, if not otherwise provided for in special provisions. SECTION lI-INTERNATIONAL AIR TRANSPORTATION Art. 95. The conventions concerning technical and commercial conditions of operation of international public air transportation (scheduled, non- scheduled, and occasional flights) established in accordance with bi- lateral agreements or multilateral aviation conventions concluded by the Romanian People's Republic shall be signed, modified or cancelled by the air transport enterprises with the approval of the Ministry of Land, Sea and Air Transportation, if not otherwise stipulated by the respective agreements or conventions. Air transports not regulated by international agreements or conven- tions concluded by the Romanian People's Republic shall be subject to the provisions of Article 67, Paragraph 4, of this Code. Art. 96. The right to take on, or land passengers, or to load or unload any kind of cargo to be transported by air between two points of the ter- ritory of the Romanian People's Republic (domestic ~ir service), shall be forbidden to aircraft not registered in the Romanian People's Republic except when established by international agreements or con- ventions concluded by the Romanian People's Republic. PAGENO="1054" 1048 AIR LAWS AND TREATIES OF THE WORLD CHAPTER VIII Responsibility of operators of civil aircraft for damage cav&2d in the air or on the ground SECTION I-GENERAL PROVISIONS Art. 97. If, during its flight, a civil aircraft causes the death or injury of persons aboard it, or physical or material damage to persons who are not on board, the Ministry, institution, People's Council, organization. enterprise or persons who are engaged in the operation of the aircraft in any manner shall be responsible for all damage caused in accord- ance with the general i'ules of liability established by the laws of the Romanian People's Republic. An exception may be made if it is proved that the damage was caused intentionally or by the gross negligence of the person who suffered the damage or in cases regulated by other provisions of this Code. By flight of a civil aircraft shall be understood any activity carried out from the time the aircraft is prepared for flight until it is stored in the hangar. If damage is caused by a glider train the responsibility shall be borne by the party who operates the towing plane, if it has not been proved that the damage was caused by another aircraft in the traiit The liability of the operators of a civil aircraft for the damage caused by the collision of two or more aircraft in the air or on the ground shall be established according to the fault of the captains of the aircraft. If none of the captains of the aircraft is responsible for the collision or if such responsibility cannot be established, each of the parties who operate the respective aircraft shall be liable for the damage caused to his own aircraft, the crew, the cargo and third parties. The provisions of this paragraph shall apply also to accidents caused to aircraft in flight or on the ground by another aircraft by obstructing its flight or its normal take-off, without an actual collision. SECTION Il-RESPONSIBILITY FOR THE DAMAGE CAUSED DURING AN AIR TRANSPORT Art. 98. Operators of civil aircraft for air transportation of any kind shall be liable under the conditions established by this Code, for the bodily or pecuniary damage caused to passengers and cargo, for the duration of the carriage, as specified in Article 87. In freight transportation, compensation shall be paid by the carrier for the loss of, or damage caused to the cargo, and shall be established as follows: 1) for the loss of goods the value of which has been declared, the compensation shall amount to the declared value of the goods on their delivery for shipment, such value not to exceed the real value; 2) for the loss of goods the value of which has not been declared on delivery, the compensation shall amount to the real value at the moment of the loss; 3) for the loss of registered luggage received for shipment without a declared value the compensation shall be established on the basis of, and within the limits indicated in the Instructions of the Ministry of Land, Sea and Air Transportation; PAGENO="1055" AIR LAWS AND TREATIES OF THE WORLD 1049 4) for damage caused to cargo the compensation shall amount to the value of the actual loss; 5) as regards international flights the provisions of the inter- national conventions to which the Rumanian People's Republic has adhered, shall apply. In air transportation the carrier shall not be responsible for hand luggage which has not been entrusted to it. In the cases provided for in Article 92, Paragraphs 1 and 2, if the shipper no longer uses air transportation for his goods, the carrier shall be responsible until the actual return of the goods to the shipper. Art. 99. In air carriage the carrier shall not be responsible for loss or damage to the cargo if this is caused: 1) intentionally or through the negligence of the shipper or addressee, especially if the shipper disregards the rules of air carriage established by the Ministry of Land, Sea and Air Transportation; 2) by an act of God if the loss or damage was caused during flight; 3) By certain attributes of the transported goods which caused breaking, corrosion, fire, explosion, deterioration, etc.; 4) by the absence of, or inadequate or faulty packing of goods where such packing is compulsory; 5) by the normal reduction of the transported goods within the limits established by the Ministry of Land, Sea and Air Trans- portation; 6) by steps taken by the captain of the aircraft, the airport controller, the military authorities or the fiscal customs author- ities for the application of legal provisions by which the trans- porting of some object is forbidden or subject to certain condi- tions, or because of the passengers' disregard of such provisions. Art. 100. Passengers or shippers who cause damage in any form to aircraft, vehicles, installations or other property belonging to persons carry- ing out the transportation shall, on demand, compensate the owner for the value of the damage caused. Art. 101. Air transport enterprises or the central authorities of civil aviation, authorized by their laws of organization to carry out public or freight air transportation may be held liable for not carrying out on time the transports agreed upon with the travellers and the shippers of the goods. They shall not be liable when a) the delay is due to factors involving the public interest; b) the delay is due to an act of God or for the purpose of ensuring the safety of the flight. Art. 102. In air transportation, any contract concluded between the carrier and a passenger or shipper which changes the liability established by the provisions of this Code shall be void. Regarding liability for freight or postal air transportation the provision of this Code shall apply according to the specific nature of the various activities. These [provisions of the Code] way be complemented by the provisions of special agreements concluded ui conformity with Article 84, Paragraphs 2 and 3. PAGENO="1056" 1050 AIR LAWS AND TREATIES OF THE WORLD Art. 103. Claims for damages in regard to air transportation shall be pre- sented to the carrier within six months, and those in regard to mixed transports (air, land, sea), within one year. Within the same period of time the carrier shall have the right to claim damages from passengers or shippers. Claims for damages shall be attached to transportation documents. In the absence of such documents, official prices, or, if such prices are not available, market prices shall be taken as a basis for the claims. The condition of the object at the time the damage occurred shall be taken into account. The time limits provided for in this Article shall be as follows: 1) in the case of damage to, or partial loss of a shipment, as from the date of delivery to the addressee. On delivery the damage or partial loss shall be established in a statement signed by the addressee and the person delivering [the shipment]. 2) in the case of total loss of the shipment or if it is not de- livered on time, upon the expiration of the date on which the shipment should have reached its destination; 3) in all other cases, from the date when the event which occasioned the claims, occurred. Applications for refund of the cost of cancelled or suspended air transportation shall be submitted within no more than 15 days from the date on which the shipment was cancelled or suspended. The carrier shall examine the claims and, within no more than thirty days from receipt thereof, inform the claimants whether their claims have been accepted or rejected if they refer to air transpor- tation alone. For claims which refer to mixed transportation, (a.ir, land, sea) the reply shall be sent within no more than sixty days. If the claim has been rejected or if no answer to it has been received, the claimant shall be entitled to initiate legal action within two months from the receipt of the reply or from the date when the reply should have been received. Legal proceedings shall be instituted at the court or State Arbitration Board, whichever has jurisdiction in the district in which the carrier resides. The right to legal action for damages in regard to air transporta- tion shall expire after one year and in regard to mixed transportation (air, land, sea) after two years. For damages caused by civil aircraft in the air or on the ground in circumstances other than air transportation, the claims for compensa- tion and their settlement shall follow the provisions of the general laws. CHAPTER IX-SPECIAL PROVISIONS CONCERNING AERONAUTICAL SPORT Art. 104. Sporting aviation shall be practiced in accordance with the. princi- ples and provisions of this Air Code, and the instructions and rules in respect of its application and the laws regarding sporting aviation. PAGENO="1057" AIR LAWS AND TREATIES OF THE WORLD 1051 The administrative authorities of sporting aviation shall provide assistance, in case of death or inability to work, for professional flight personnel and for all sportsmen instructed or trained in sporting avia- tion. The flight of such individuals shall be prohibited if they are not insured. Art. 105. Any activities of sporting aviation taking place on an airdrome open for public air traffic (airport) or within the space of air traffic shall be carried on with the approval of, and under the ôonditions established by the Ministry of Land, Sea and Air Transportation Supervision of such activities shall be exercised by the organizing administration. Art. 106. The transportation of sporting flight personnel by civil aircraft be longing to the administration of sporting aviation, for education, training, sports activities or sports flying contests~ shall be considered service transportation CHAPTER X-PENALTIES Art. 107. The obligations of `ill citizens in respect of discipline `md safety of flights, the guarding and m'untenance of the entire property of civil aviation in the Rumanian People's Republic shall be stated in instruc tions, establishing the acts which constitute a violation of these in structions, and the punishment which shall be imposed by administra tive action within the limit of fines established by special provisions, and the agencies which establish the respective violations The official report which est'iblishes such violations shall be ex amined or signed by the captains of aircraft, the airdrome directors, the control agencies of the Ministry of Land, Sea and Air Transpor- tation and the control agencies of the central administration of civil aviation, according to their qualifications and competence on the basis of the pi ovisions of this Code, of the decisions of the Council of Ministers and the orders, instructions and regulations in force. These agencies shall impose fines by a decision stating briefly the reasons for such punishment The person fined may contest the respective officni report within fifteen days from the receipt thereof The fines shall be paid in accordance with the laws on official procedure. S Disregard of the provisions of this Code, shall be punished in ac- cordance with the penal laws, if such disregard constitutes an offence. Art. 107.1 The boarding of a civil aircraft ready to take-off, or the presence on board such an aircraft in flight, while drunk, by a member of the crew, pilot, navigator, radio operator, flight mechanic or any other person participating in the operation of the aircraft, shall be consid- ereci an offence and shall be punished with imprisonment of from one to five years and dismissal from employment. Any person found guilty of the offense mentioned in Paragraph 1 shall have his flying license permanently revoked. 6771T-61------67 PAGENO="1058" 1052 AIR LAWS AND TREATIES OF THE WORLD CHAPTER XI-FINAL AND TRANSITORY PROVISIONS Art. 108. The provisions of this Code as regards planning, authorization and control of flights within the airspace of the Rornanian People's Re- public shall be applied in accordance with the resolutions of the Coun- cil of Ministers and with the provisions of the law and regulations con- cerning ffight within the airspace of the Romanian People's Republic. Art. 109. The Ministry of Land, Sea and Air Transportation, in collabora- tion with the central authorities of civil aviation shall draft the de- crees and resolutions of the Council of Ministers, and the instructions and regulations for the enforcement and implementation of the pro- visions of the Air Code. The instructions and regulations for the enforcement and imple- mentation of [the provisions] of the Air Code shall be compulsory for all the agencies of government administration, institutions, public or- ganizations, enterprises and for all citizens of the Romanian People's Republic. Art. 110. In order to achieve better employment of civil flight personnel, the Ministry of Land, Sea and Air Transportation, in collaboration with the central authorities of civil aviation, shall take a census of the entire civil flight personnel and ground staff in the Romanian People's Republic, irrespective of the ministries, institutions, People's Coun- cils, enterprises or public organizations in which they are employed, and of all citizens who have done special work in aviation for at least three years, with the exception of regular serviceman in the Armed Forces of the Romanian People's Republic. Art. 111. The Ministry of Land, Sea and Air Transportation and the central authorities of civil aviation, in collaboration with the Ministry of Education, shall establish the conditions of organization and function- ing. of higher aeronautical technical education, for training staff en- gineers, technicians and highly qualified specialists, necessary for civil aviation in the Romanian People's Republic. V The Ministry of Land, Sea and Air Transporation and the central authorities of civil aviation, through the Academy of the Romanian People's Republic, shall organize and provide the necessary literature for study, research and experimentation in all aeronautical sectors by special branches, so that scientific aeronautical activity may rise to a higher level Art. lit?. . V The Air Code of the Romanian People's Republic shall enter' into force on the date of its publication As fiom the date of publication of this Code any provisions in conflict with it are repealed. PAGENO="1059" AIR LAWS AND TREATIES OF THE WORLD 1053 ROMANIA Annex No. 1 Decree No. 516 of December 30, 1953 Classification of Aircraft 1. Kite (of over 5 kgs.) 2. Glider - water, motor Not pro- pelled Only those used for transportation by a 3. Parachute - of persons or objects for a designated 1. motor purpose. Not those used for rescue. Heavier than air aircraft l. ~ - airplane, hydroplane, amphibian plane Propelled 2. autogiro - autogiro, watergiro, amphibian autogiro motor 3. helicopter - helicopter, water helicopter, amphibian helicopter 4. ornithopter.. ornithopter, water ornithopter, amphibian ornithopter 1Free Spheric free balloon Not pro- f Balloon lNo~5Pheri~ free balloon pelied b 1. Balloo r ot~rm Captive Spheric captive balloon Balloon Non-spheric captive balloon 2. Lighter than air Rigid airship aircraft Propelled Semi-rigid airship bya 2 motor * Airs p Non-rigid airship ANNEX 2-DECREE NO. 516 OF DECEMBER 30, 1953 Description of Flag and Establishment of Signs of Nationality of Civil Aircraft in the Romanian People's Republic 1. The flag of civil aircraft in the Romanian People's Republic shall be established as follows: A. Heavier-than-air craft.° The flag shall be tricolor (blue, yellow and red); it shall be rec- tangular and its colors shall be formed of three identical vertical stripes on the two sides of the rudder, the blue stripe being placed next a In the original text the word "Aerodine" and "Aerostate" are used for A and B~. reipectively. PAGENO="1060" 1054 AIR LAWS AND TREATIES OF THE WORLD to the rudder axis. The emblem of the Romanian People's Republic shall be placed in the middle of the yellow stripe. The center of the rectangle shall be placed halfway between the higher extremity of the rudder and the horizontal elevators. The dimensions of the rectangle shall depend on the size of the rud- der, i.e.: the upper part of the large side of the rectangle shall be as wide as the rudder and the small side of the rectangle shall be two- thirds of the large side. Parachutes shall have no flag; they shall only bear the sign of nationality. B. Lighter-than-air craft. The flag shall be rectangular, similar to that described under A above, and shall be placed above the sign of nationality of the aircraft, in the technical conditions established by the Ministry of Land, Sea and Air Transportation. 2. Description of the sign of nationality of Romanian Civil Air- craft: Civil aircraft registered in the only book of registration of civil aircraft shall bear oil their fuselage, as the sign of Romanian Na- tionality, a group of letters established by the Ministry of Land, Sea and Air Transportation, in accordance with international conventions. PAGENO="1061" SAUDI ARABIA ROYAL DECREE No. l7/2/22/3481-DA1'~D24/~/1372H[JuNE 8, 1953]' With the aid of God the Almighty, We, Abdul Aziz bin Abdul Rahman al-Faisal Al-Saud, King of Saudi Arabia, In accordance with what the Minister of Defense and Aviation has submitted to us, have decreed the following: Article 1: The State has a complete and absolute sovereignly over the air space above its territory. The air space is the ajr layer above its lands and territorial waters. Article 2 No aircraft is allowed to fly over or land in the territory of oui Kingdom unless it has obtained permission to do so from the appropriate authority in our Kingdom and has complied with the provisions of such permission, or unless such permission is granted under a special agreement or international treaty by which our Gov- ernment is bound. Article 3 Air navigation for military, governmental and diplo m'ttic ancraft shall be regulated by a deciee Air navigation of civil aircraft shall be regulated by decisions issued by the Minister of Defense and Aviation who has the authority to impose proper finan- cial penalties in case of violations of their rules. These penalties shall be applied by administrative authorities of the Civil Aviation Department Article 4 Aircraft considered military aircraft are aircraft be longing to military, air or naval forces Aircraft considered gov- ernmental aiicraft are `rircraft designed for public services such as customs, police, mail and similar services Aircraft considered dip lomatic are aircraft that carry diplomatic representatives or `i~r or military attaches Art?cle 5 Representatives of Customs, Public Security, Public Health and other officials whom the Minister of Defense and Aviation may delegate have the right to order any overflying aircraft to land They also have the right to inspect it and examine the certificates and documents aboard it and to stop it from taking off, without previously arranged action This measure is necessary to observe the apphca tion of this Decree and the carrying out of the special rules of navi~ gation. These representatives h'Lve the right to detain the aircraft or any document, person or goods aboard the aircraft pending the execution of decisions taken by the appropriate authorities in such cases Article 6: Our Viceroy and the Minister of Defense and Aviation have put this Decree of ours into effect and act in accordance with it 1English text supplied by the Government of Saudi Arabia. 1055 PAGENO="1062" 1056 AlIt LAWS ~ TREATIES OF THE WORLD MINISTERIAL DECISION CONCERNING THE PROCEDURES FOR INSPECTING AND EXAMINING DOCUMENTS The Minister of Defense and Aviation, After having reviewed Article 5 of Decree No. 17/2/22/3481 dated 24/9/1372, regarding air navigation, and, since the condition calls for the establishment of instructions which regulate the procedures of carrying out inspection and the examina- tion of documents stated in the above-mentioned article, has decided: Article 1: Every civil aircraft entering the territory of the Kingdom of Saudi Arabia where its flight ends will be inspected and its docu- ments examined in the first airport it lands at, where customs author- ity is available, for the coming aircraft, and at the last airport it will depart from, where customs authority is available, for the outgoing aircraft. Article 2: Inspection and documents examination of an incoming aircraft will be made after its passengers have disembarked and its cargo ofF loaded. Outgoing aircraft will be inspected and its docu- ments examined before the passengers have embarked and the cargo has been loaded. : Article 3: Inspection must be made properly in the least period of time possible and should not result in any unreasonable delay. Article 4: Before carrying out the inspection the pilot or whoever is acting for him must be asked whether or not there is anything on the aircraft not listed on the shipping documents or materials forbidden to be carried by aircraft. His answers to these questions should be taken down in writing. Article 5: Inspection and document examination should be carried out by officials who are delegated to do it in the presence of a represent- ative of Civil Aviation Department and a representative of the party to which the aircraft belongs. A report of the inspection and its find- ing should be written and signed by each one of them. Article 6: Inspection should include all places and storage areas of the aircraft The examination of documents should include all papers, documents and lists which the aircraft must carry. The purpose of inspection and documents examination is to observe the application of the special regulations of air navigation, customs and other local regulations in effect in the Kingdom of Saudi Arabia. Article 7: Inspection of the passengers, their baggage and the cargo of the aircraft should be carried out after the passengers have disem- barked and the cargo has been offloaded at the customs area at the airport where the aircraft lands and in accordance with customs regu- lations. Article 8: Military, governmental and diplomatic aircraft are not allowed to be inspected unless high orders to this effect~are issued and transmitted through the Ministry of Defense and Aviation. Article 9: Aircraft in transit and aircraft engaged in international transport operation-from one point in the Saudi Arabian Kingdom to another point in it-are not subject to inspection unless there would be a strong suspicion based on firm proof which necessitates the carry- ing out of inspection. Article 10: The Director of Civil Aviation and other Government bureaus concerned have to execute these instructions and act in accord- ance with them as of this date. PAGENO="1063" AIR LAWS AND TREATIES OF THE WORLD 1057 MINISTERIAL DECISION CONCERNING PENALTIES FOR VIOLATING THE IN- STRUCTIONS FOR REGULATION OF AIR NAVIGATION FOR CIVIL AIRCRAFT The Minister of Defense and Aviation, After reviewing the Royal Decree No. 17/2/22/3481 of 24/9/1372 concerning air navigation, and on the basis of the authority granted to the Minister of Defense and Aviation under Article 3 of the said Decree, and After reviewing the instructions issued by the Minister of Defense and Aviation in order No. 403 of 25/10/1371 H, has decided: Article 1: Every aircraft engaged in civil air transport, as well as every special civil aircraft flying over or landing in the territory of the Kingdom of Saudi Arabia without previously arranged permission, or if it has violated the provisions of such permission, the owner will be fined two thousand Saudi riyals and its pilot will be fined five hun- dred Saudi riyals. Article 2: Every foreign aircraft carrying out any transport opera- tion in the Kingdom of Saudi Arabia without previous permission, or violates during the Haj season the special instructions of air transport from the Kingdom of Saudi Arabia, the owner will be fined one thou- sand Saudi riyals and its pilot will be fined two hundred Saudi riyals. Article 3: It is prohibited for an aircraft overflying or landing in the territory of Saudi Arabia to carry persons either crews or passengers undesirable by the Saudi authorities or to transit an enemy port while coming to or going out of the country. If it does so the owner will be fined five thousand Saudi riyals and its pilot will be fined one thousand Saudi riyals. The aircraft may also be confiscated. Article 4: A fine of one thousand Saudi riyals will be imposed on the owner of an aircraft which is engaged in transporting passengers and cargos to the Kingdom of Saudi Arabia in the following cases: 1. If he used his aircraft without obtaining the certifiëate of registration or a certificate of airworthiness. 2. If he did not show clearly on the aircraft the signs of its nationality and registration. 3. If he did not furnish the aircraft with all apparatus and in~ struments to secure the safety of the aircraft and its passengers. 4. If he did not consider international laws concerning the load capacity of the aircraft, of passengers, cargo and fuel. 5. If the number of the crew is not as required for piloting the aircraft or if they are not in possession of a certificate of fitness and other necessary certificates from the country in which the air- craft has been registered. Article 5: The owner of the aircraft will be fined five hundred Saudi riyals if the aircraft was not carrying within its papers the following: a) The permission granted to it (by the Government of Saudi Arabia). b) Its registration certificate. c) An airworthiness certificate. d) A certificate of its crew's qualifications (fitness). e) A license for its wireless unit. f) A record of the aircraft's flights (Log Book). g) A list of passengers. PAGENO="1064" 1058 AIR LAWS AND TREATIES OF THE WORLD h) A certificate proving the cleanness of the aircraft if it was coming from places where there is a suspicion of the existence of communicable diseases. i) Or if the aircraft carried pilgrims who were not holding health certificates proving, that they were vaccinated against the epidemic diseases, as agreed upon internationally. Article 6: The penalty provided in Article 4 will be doubled if the owner of the aircraft puts a registration mark on the aircraft which differs from the marks shown on the aircraft airworthiness certificate or if he erased or obliterated the original marks (signs), or if he used an aircraft without the true mark or if the aircraft certificate or cer- tificates, mentioned in Article 5 above, were false. Article 7: The pilot of the aircraft will be fined one thousand Saudi riyals: a) If he piloted the aircraft without a license or certificate. b) If he destroyed the flight record or entered false statements in it. c) If he flew over Saudi Arabia without a valid reason on air corridors other than those permitted to be used by the Saudi Arabian Government. d) If the aircraft carried to Saudi Arabia narcotics or intoxi- cating liquors or materials and items prohibited (forbidden) un- der the country's regulations. e) If he landed without reason at airports other than Jidda or Dhahran airports. " Article 8: In the cases mentioned in the above articles the Saudi authorities may hold the aircraft and not permit it to leave except after the execution of the penalties and provisions imposed. The air- craft may be held at the expense of and at the responsibility of its owner. . . . Article 9 Penalties and actions provided in this decision shall be carried out (enforced) by the Admmistrative autlioiities of the Civil Aviation Department Article. 10: The Director of. Civil Aviation Department has. to put this decision into effect and act in accordance with it as of the date of its publication and announcement. INSTRUCTIONS ISStJDD BY THE MINI5TRY Or DEI'ENSE AND AVIATION REGULATING AIR TRANSPORT IN THE KINGDOM 1 Establishments engaged m air transport and private aircraft are not allowed to transport pilgrims or passengers during the pilgrimage season except after obtaining permission to do so through the Ministry of Foreign Affan s, and within the limits of this permission It should be understood that permission for foreign aircraft to conduct trans portation to the Kingdom of S'iudi Arabia is based on the principle of reciprocity and equal rights necessitated by transport operations between the foreign and the Saudi establishments. Request for such permission should be forwarded to the Foreign Ministry by the Government or the Legation to which th'tt establishment belongs 2 All transport operations inside the Kingdom of Saudi Arabia is the privilege of the Saudi transport means only PAGENO="1065" AIR LAWS AND TREATIES OF THE WORLD 1059 3. Aircraft carrying pilgrims should not carry undesirable persons, either crews or passengers and it should not transit enemy ports while coming in or going out of the Kingdom. If it does so it will be subject to a large fine or confiscation. 4. Every aircraft carrying passengers or goods to the Kingdom ~f Saudi Arabia should be in possession, among its papers, of the following: a) The permission granted to it (by the Government of Saudi Arabia). b) Its registration certificate. c) Its airworthiness certificate. d) Its crew's fitness certificate. e) Its wireless unit license. f) The record of its flights (Log Book). g) Passenger manifest. h) Bill of Lading. i) A certificate proving the cleanness of the aircraft which is coming from places where communicable diseases exist or are suspected to exist. 5. Companies and their agents should inform the appropriate au. thorities of the numbers of aircraft, number of flights, number of passengers of every flight and determine the time of entrance of the aircraft into Saudi Arabian territroy. 6. International rules concerning the aircraft capacity of passengers and cargo must be observed. 7. The aircraft nationality and registration marks must be shown on the aircraft. 8. No company will be permitted to transport passengers from the Kingdom of Saudi Arabia, other than those pilgrims who come on their aircraft, except by special permission. 9. The aircraft must be equipped with all instruments and appara- tus which will secure the safety of the aircraft and its passengers. 10. There should be adequate number of crew aboard the aircraft and they should be in possession of their certificate of fitness together with the licenses issued to them by the appropriate authorities in the country where the aircraft is registered. 11. Aircraft enroute to Jidda should follow the following routes: a) Aircraft coming from the north via Aqaba should follow the Red Sea coast until they reach the Jidda airport, or fly direct over the Red Sea without overflying Saudi shores. b) Aircraft coming from the east, via Kuwait, Bahrein, etc., should follow a line which would leave Riyadh at least thirty kilometers to the left, and flying ovmr the posts of Ramah, Mar- rat, Dawadmi, Dafina, Muwaih, then by a straight line to a point at the Red Sea coast which is thirty kilos north of Jidda from where it heads south to Jidda. c) Aircraft coming from west or south via Port Sudan, As- mara Or Aden should fly direct to Jidda flying over the Red Sea coast to Jidda. - 12. Aircraft are not allowed to land in airports other than Jidda and Dhahran airports. 13. Air companies and their agents in the Kingdom are responsible to pay the required governmental fees for their aircraft in accord~ PAGENO="1066" 1060 AIR LAWS AND TREATIES OF THE WORLD ance with the fixed fees under the effective local regulations. Each airlines company must appoint an agent for it, in the Kingdom, who will be responsible to pay the fees and execute the provisions stated in these instructions or included in the permission granted. 14. All these who arrive at Saudi Arabia, pilgrims and others, must be holding health certificates of vaccination against epidemic diseases agreed upon internationally, as follows: a) For smallpox, from 14 days to 3 years. b) For cholera, from 6 days to six months. c) For yellow fever, if the person is coming from infected or suspected to be infected countries, from 10 days to 4 years. 15. Airlines companies or their agencies must apply the text of the International Health Agreement of 1944. 16. The Saudi Arabian Government reserves the right to withdraw its permission from any of the airlines companies, or their agents in the Kingdom, in case it violates the provisions of the permission granted or if it does not observe the carrying out of the rules and regu- lations mentioned above. International penalties will be applied in such cases. MINISTERIAL RESOLUTION NO. 3, DATED 23/6/1377 [JAN. 17, 1958] RE- GARDING FLIGHT CLEARANCE The Minister of Defense and Aviation: After reviewing Article 3 of the Royal Decree No. 17/2/22/3481 of 24j9/1374 [May 17, 1955] issued concerning air navigation, and, in accordance with the authorization granted to us under that article, and since it has become necessary to put into effect a system for flight clearances rules, We have decided the following: Section One-Flight Clearance Article 1: Taking into consideration the provision of Article 2 of this resolution, no aircraft is allowed to fly over or land in the ter- ritory of the Kingdom of Saudi Arabia unless it has obtained a clear- ance, supplied tl~e provisions of such clearance, or unless such clear- ance is granted under a special agreement or international treaty in which the Saudi Government is a participant. Article 3: Israeli aircraft and any other foreign aircraft heading for or departing from Israel, are not permitted to overfly or land in Saudi territory. Article 3: Taking into consideration the rules of the resolution and the Kingdom's regulations pertaining to air navigation, every air- craft recorded in the Saudi records can fly over the Kingdom's territory. Article 4: Foreigners and foreign companies are not allowed to perform air transportation operations within the territory of Saudi Arabia. Such operations are considered the privilege of Saudi citi- zens, unless transportation operation is for noncommercial pur- poses and in accordance with special permission or has been au- thorized by the Government. Article 5: Clearance for flying over the Saudi territory are only granted to aircraft in possession of valid Registration Certificate; PAGENO="1067" AIR LAWS AND TREATIES OF THE WORLD 1061 issued by the country to which the aircraft belong, and an airworthi- ness certificate issued by or approved by the appropriate authority in that country. Article 6: A clearance is granted under the following provisions: 1. The aircraft should have the signs of its nationality and registration in a prominent place, and it should carry a record indicating the name of the owner and his residence, in accord- ance with the procedures followed. 2. The aircraft should be equipped with all machines, installa- tions and equipment needed for the type of flight it is making. 3. The aircraft should carry the proper documents and its flight records should be complete to the last date in the proper way and form. 4. The aircraft operating members should be adequate. They should be enjoying the known characters, in possession of cer- tificates of fitness and commissions issued or approved properly by the appropriate authority in the country where the aircraft is registered. None of them should be an undesirable person. The expression "aircraft operating members" covers: the com- mander, pilots, mechanics and others connected with its opera- tion. 5. The aircraft must observe the provisions under which its air- worthiness is issued or approved. 6. The aircraft must also consider the rules provided in the fixed aviation regulations and instructions of the country. The Minister of Defense and Aviation, however, may waive these for gliders, balloons and other similar equipment, which has no propellers~ from previous provisions. The word (fixed) in this article defines the provisions and in- structions provided in the regulations and rules applied in the country where the aircraft was registered. Article 7: The clearance granted is for the aircraft and the owner himself, and it will become void and unconsidered in case of change of ownership. Article 8: Clearance is granted for a certain period or for a certain flight. Article 9: In addition to the clearance indicated in the previous articles, special permission must be obtained for using a Saudi, or a foreign aircraft in the Saudi Arabian Kingdom for the following purposes: 1. Transportation of passengers and cargo against fare charges. 2. Teaching flying. 3. All other aviation operations which are made against fair charges. Article 10: In case of technical flight test for the purpose of grant- ing an airworthiness certificate, special permission should be obtained from the Director of Aviation Department in lieu of the clearance. The Minister of Defense and Aviation, however, may waive the pro- visions of Article 5 of this Resolution, in case of training flight, or a flight made for the purpose of obtaining a degree or an airworthiness certificate. Artiele 11: Clearances, certificate and commissions issued or ap- proved m accordance with the provisions of this resolution, and the PAGENO="1068" 1062 AIR LAWS AND TREATIES OF THE WORLD instructions for whom they were issued without the GOvernment bear- ing any responsibility. Article 12: To grant a clearance to a foreign aircraft to overfly Saudi territory, the regulations of the country to which the aircraft belong should provide Saudi aircraft overflying its territory with treatment on the basis of reëiprocity. Article 13: In case of violation of any of the provisions of this reso- lution the proper penalty provided in the Penalties Regulations issued under the resolution of the Minister of Defense and Aviation No. dated shall be applied. More strict rules provided in laws and regulations should also be considered. An aircraft, a machine, an installation or gliding equipment may be h~ld, if a violation is proven, until clearance is granted or until the owner Of the aircraft removes the causes of violation. Application of penalty shall be carried out by the administrative authority of the Civil Aviation De- partment. Holding of an aircraft shall be at the expcnss Of the owner and under his responsibility. Article 14: In case of applying the penalty for the violation Of the rules of this resolution, the Minister of Defense and Aviation has the right to suspend or withdraw any clearance, certificate of airwOrthi- ness, or a commission which he might have issued to any of the crew members, and to cancel the authentication which he might have given to certificates of aircraft or crew's cOmmissions. The Minister has the right also to suspend, for a limited period, or withdraw any clearance if he sees it is necessary, in the common interest. Section Two-Procedures for Applying for 4 Flight Clearance Article 15: The application for the clearance provided in Article 1 of this resolution has to be submitted to the Director of Civil Aviation Department. The period of clearance should not exceed the validity period of the airworthiness certificate and it should be in acOordance with the provisions stated in Articles 4 and 5. Article 16: Taking into consideration the provi~iOns of Article 2 Of this resolution, the types of clearance that may be granted to foreign aircraft overflying Saudi territory are as follows: 1. Private foreign aircraft: a) A clearance to transit Saudi territory for a period not exceeding six months. b) A clearance to overfly Saudi territory for a period not exceeding six months. 2. Foreign aircraft engaged in commercial transportation: a) A clearance for an incidental flight to the Kingdom or for transiting Saudi territory. b) A clearance for regular flights to Saudi territory, or transiting it without landing. 3. Foreign military; governmental and diplomatic aircraft: a) Clearance for entering the Kingdom Or transiting its territory without landing. Article 17: The owner of a foreign aircraft or anyone acting for him should submit the request for clearance indicating in it the type of clearance requested, as provided in Article 16, the period of stay in the Kingdom, and the route of the aircraft, and stating that the air- PAGENO="1069" AIR LAWS AND TREATIES OF THE WORLD 1063 craft meets the conditions provided in the proper regulations of the Kingdom. Article 18: In case of a clearance request for technical test flight, the Director of Aviation Department has the right to issue a special permission granting the clearance uncer the provisions which he may deem necessary. Article 19: Taking into consideration the provision of Article 21 of this resolution, clearance requests for foreign aircraft to overfly Saudi territory should be submitted to the Aviation Department or through consular channels. Such requests should be submitted in adequate time, prior to the starting of flight, for sending the reply by mail. In urgent cases telegraphic reply may be made at the expense of the clearance applicant. Article 20: With regard to the establishment of regular flight lines of foreign commercial transport aircraft to or through the Kingdom's territory, the Minister of Defense only can grant the clearance for such flights. Article 21: Clearance applications for foreign military, govern- mental or diplomatic aircraft to overfly or land in Saudi territory should be forwarded to the Foreign Ministry by diplomatic channel. Article 22: When a clearance for a foreign aircraft is requested, the permission granted to it, to enter into or leave the Saudi territory, should not be made valid for more than six months. In such clear- ances the number of flights allowed shall be indicated, provided that the validity of the clearance should not exceed the validity period of the aircraft airworthiness certificate. Article 23: The tariff of fees to be levied for all types of clearances shall be determined under a ministerial resolution. Article 24 Clearance granted under this resolution should specify the details of the flight, date issued and period of validity of the clear- ance. Such clearances may be amended without additional payment of fees in the two following cases: 1. If the clearance expires before the flight authorized was started or completed. 2. In case of amending the original program of the flight. Article 25: The application form for clearance and the clearance form should agree with the forms approved and authorized by us. Article 26: The rules of t1~is resolution cancel all instructions issued previously, which are contractii~g it. Article 27: The Director of Aviation Department must carry out this regulation and circulate it among the authorities and parties con- cerned. He should act in accordance with it as of the date of its publi- cation in the official gazette. MINISTERIAL RESOLUTION NO. 4 DATED 23/8/137 7 A.H. REGARDING THE GENERAL RULES FOR AVIATION IN SAUDI ARABIA The Minister of Defense and Aviation; After having reviewed Article 3 of Royal Decree No. 17/2/22/3481 issued on 24/9/1374 A.H., concerning air navigation, and, in accordaiice with the authority invested in us under the said ar- ticle, and, after having reviewed the instructions previously issued by the Ministry of Defense and Aviation on 19/8/1369, under No. (4-3), PAGENO="1070" 1064 AIR LAWS AND TREATIES OF THE WORLD and the instructions issued on 18/11/1373 concerning certain rules to be considered in air navigation in the region of the Kingdom, and, since it is necessary to put general rules for air navigation over the Kingdom which will agree with the international rules applied in this respect, and the new development of aviation, we have decided the following: Bection One-General Rules for aviation in the Kingdom?s Region Article 1: Every aircraft flying over the region of the Kingdom must carry the following documents: 1. The clearance granted to it (by the Government of Saudi Arabia). 2. Its registration certificate. 3. Its airworthiness certificate. 4. A record of its flights (Log Book). 5. The commissions and qualification certificates of its crew members. 6. The license of the wireless set, if it has such a set. 7. A list of passengers, if it is engaged in commercial trans- portation or international flights. 8. Air freight manifest, if it is engaged in conMnercial trans- portation or international flights. 9. The aircraft safety certificate. 10. A statement of the method of cargo distribution if the air- craft is engaged in air transportation activity. 11. A special permission to transport certain types of goods, when necessary. Flight clearance, registration and airworthiness certificates, and the wireless set license must be kept in the pocket of the flight record. Article 2: Papers carried by a foreign aircraft and its crew mem- bers must have been issued by the appropriate authority in the coun- try where the aircraft is registered, or by the appropriate Saudi authority. Article 3: Saudi aircraft are waived from the condition of carrying the papers indicated in part 5 of Article 1 of this resolution in case the flight was for the purpose of training or obtaining certificates or commission, provided that the aircraft shall not fly more than 5 kilo- meters away from the airport limit, unless its flight was authorized within an area determined by the Civil Aviation Department for such purposes. In such cases, the student pilot should have passed the proper medical examination. Article 4: Any person must not put false statements in the applica- tions he submits, for the purpose of obtaining a commission or a cer- tificate, or in the records delivered to him. He should not use a com- mission or a certificate which he has no right to use, and should not make changes on the commissions and certificates issued to him. He must not, as well, make changes whatsoever in the statement of a cer- tificate or a record delivered to him. Article 5: No aircraft registered in the Kingdom shall fly unless the Civil Aviation Department issues a certificate of airworthiness for it. Such a certificate is valid for a certain period or for a certain number of hours which should be shown on the certificate itself. The validity PAGENO="1071" AIR LAWS AND TREATIES OF THE WORLD 1065 of the certificate should not exceed twelve months in any case, and it shall not be extended for a further period unless a complete overhaul has been conducted under the supervision of an authorized person. Article 6: Aircraft registered in the Kingdom and engaged in com- mercial transport must meet the following conditions: 1. Such aircraft are not allowed to fly before examination to ensure its safety within the twenty-four hours that proceed its taking off, in accordance with the previous article of this resolu- tion. If the aircraft was affected by damage which obliges it to make emergency landing and none of its crew members is au- thorized to make the necessary repairs, it shall not be allowed to continue its ffight unless it is re-examined after the repair and a new safety certificate is issued to it. If, for any reason other than the damage stated above, the air- craft is unable to complete the flight within the twenty-four hours of the safety certificate, it may continue its flight to the destina- tion it was supposed to reach within the twenty-four hours time of the safety certificate. If the twenty-four hours elapsed and the aircraft was still fly- ing, it may proceed on its flight, to its destination. The twenty- four hours time shall be counted from the time the examination of the aircraft is completed. 2. The above-mentioned examination must be conducted by a mechanic who is in possession of a mechanic's license for the type of aircraft he is required to examine and he should be authorized to handle this job. If the aircraft is found safe, the mechanic shall issue a certificate to this fact, in the style stated in the pre- vious article of this resolution. 3. The twenty-four hours time mentioned above shall be counted from the time the examination was completed in accordance with the details stated in the certificate. 4. This certificate must be forwarded whenever the concerned representative asks for it. Article 7: The safety report provided in the previous article should be in the following form and wording: AIRCRAFT SAFFTY. REPORT Type of aircraft: Nationality and registration marks: 1. I hereby certify that I have examined the aircraft described hereabove (as well as the special instruments and equipment other than its propeller and the apparatus and installations connected to it), and have ascertained the safet.y of the aircraft if the condi- tions for loading capacity and cargo distribution stated in the aircraft's airworthiness certificate are observed. The examina- tion was completed at: Date: Signature of Mechanic and his License No. 2. I hereby certify that I have inspected the engines of the aircraft described hereabove and all installations (fittings) and instruments connecting to these engines, and have ascertained t:hat they are satisfactory. PAGENO="1072" 1066 AIR LAWS AND TREATIES OF THE WORLD A fee of one hundred Saudi riyals shall be levied for both safety certificates. A~ tide 8 The Civil Aviation Department has the right to cancel or suspend the airworthiness certificate of any aircraft if a mere doubt in the safety of tl~e aircraft exists. Article 9: The appropriate mechanic of the Department is allowed to withdrasv or suspend the certificate of airworthiness of an aircraft if upon examining it he finds it not safe. Article 10: The following information must be written on every aircraft that obtains a valid `urwoi tiuness certificate 1. Its net weight. 2. Maximum weight when loaded. Article 11: No person under 17 years of age is allowed to operate an aircraft alone by himself, but persons under 15 years of age are allowed to operate gliders. Article 12: No person is allowed to teach flying unless he meets the following conditions. 1. He must be in possession of a flying license valid in the type of aircraft he uses for teaching. 2. He must be in possession of permission from the Civil Avia- tion Department to teach flying in accordance with the provisions stated on the permit. Article 13: No one is allowed to operate an aircraft engaged in commercial transportation unless he is in possession of a license for commercial transport flights of the same type of aircraft he is oper- ating. Article 14: If the crew group consists of a number of persons, one of them must be recorded on the aircraft flight record as being the pilot in charge. Article 15: Every aircraft that should have a wireless set in ac- cordance with the regulations in force, must have a wireless set oper- ator who is in possession of a license issued by the appropriate author- ity and approved by the appropriate aviation authority in the coun- try where the aircraft is registered, unless the aircraft is flying in areas where wireless communications cannot be made. Article 16: The Civil Aviation Department shall bear no responsi- bility for any loss or damage which an aircraft may encounter on the ground at its airports whether the aircraft was in or out of the hangars. Article 17: The responsible pilot of any Saudi or foreign aircraft within the boundaries of the Kingdom must, before taking off, ascer- tain of the following: 1. That the aircraft contains all necessary and supplementary instruments and equipment, and that the aircraft and all those instruments and equipment are in good condition to make the planned flight. 2. That the toimage and cargo distribution (inside the air- craft) agree with what is stated in the aircraft airworthiness certificate. 3. That no dyes, damage or sediment affects the windows and screens the vision of the pilot. 4. That there is fuel, oil and water in the aircraft enough to complete the planned flight. PAGENO="1073" AIR LAWS AND TREATIES OF THE WORLD 1067 Article 18: Every aircraft flying over a city or a village must fly at a sufficient level to enable it to land away from the city or village if' its operation facilities were damaged. This article is not applicable to such aircraft that takes off and land at airports which are not more than 2 kilometers from the nearest point of the airport limits. Article 19: No aircraft is allowed to fly at a low level or in a way which may endanger the people, animals or properties, or which may frighten the people. Article 20: No aircraft flying over the territory of the Kingdom is allowed to carry any person on its wings or on any part of it other than the places designed for, passengers except in the following cases 1. To conduct repairs on the aircraft or its equipment, or to perform any necessary work for the safety of the aircraft, its passengers or cargo. 2. To reach to the cargo storage place or the store of the air- craft if there is no other way. 3. If such person is in possession of a written permission from the Aviation Department which permits' him to carry out cer- tain work on the aircraft that cannot be done through other ``:`m~n15. Article 931: No aircraft is allowed to pull, or to be pulled by, other aircraft unless its airworthiness certificate permits it to do so, pro-. vided that it observes the conditions stated in this certificate and un- less it obtains a written permission from Aviation Department. Article 22: No commercial transport aircraft, which is registered in the Kingdom and carrying passengers on regular flights, is al- lowed to fly over the sea or over internal waters unless it would be able to reach land if any of its engines gets out of operation. Seaplanes are excepted. Article 23: No aircraft flying over the territory of the Kingdom is allowed to make acrobatic or dangerous maneuvers, for the sake of show, over a city, a village or. a populated area without a special per- mission from the Aviation Department. No flying contest or show in any form can be arranged or `held ex- cept under a written permission by the Aviation Department. Article 934: No aircraft equipped with' a multi-control system.is at- low~dto fly. with only one `person in one of the two cockpits if `he has no commission to fly, or if he is learning to fly, or if either of the con- trot systems has been. separated from the other so that it cannot, be used as part of it. Article 25: An unauthorized person is not allowed to interfere in the operations of any of the control crew, stop him from performing his duties, play with any part of the plane or its equipment, or do any- thing that may peril the safety of the aircraft, its crew or pas- sengers. . . .. . Article 26: Unless in emergency cases, nothing can be thrown out of the aircraft other than the soft sand and water, which were loaded. on the aircraft to give it weight, smoke generating equipment and other materials' which the Aviation Department authorizes to be. thrown out in the cases defined by it. All precautions must be taken to avoid carelessness which may result in the failing of anything from. the aircraft. 67717--61---68 PAGENO="1074" 1068 AIR LAWS AND TREATIES OF TIlE WORLD Article 27: Smoking is absolutely forbidden inside the aircraft in places other than those appropriate for it. The owner of the aircraft must post notices in prominent places inside the aircraft indicating the areas where smoking is allowed. Unless the place for smoking is indicated on the aircraft's air- worthiness certificate, no place should be appropriate for such pur- pose except under a written permission by the Aviation Department. If a place for this purpose is arranged notices to this effect must be prominently exhibited inside the aircraft and in the place itself. Article 28: Any aircraft on any flight must be equipped with the following: 1. First aid kit. 2. At least one fire extinguishing unit in the control group cabin. 3. At least one fire extinquishing unit in each passenger cabin if they are separated from the pilot or the co-pilot cabins and far from their reach. 4. Passengers should be given the following information precisely: a) lYhen to fasten seat belts. b) When and how to use the oxygen sets (if they are nec- essary to carry). c) When to stop smoking. d) Where to find and how to use the safety belts. e) Whereabout and how to open the, emergency windows. Article 29: The pilot or any of the crew members of an aircraft must not be in such condition which unables him to do his work, as a result of drinking or using alcoholic drinks, narcotics, stimulant, sedative or any other drug which may make him unfit to fly. No per- son who seems to be drunk is allowed to enter into or stay in the aircraft. Article 30: Commercial transport aircraft must not put any sort of obstacles in the exit outlets and such outlets should not be tightly closed in a way that it would be difficult to open quickly when neces- sary. Notices indicating the emergency exits and how to use them must be maintained in prominent places inside the aircraft. Article 31: Parachutes are not to be used except in. emergency cases or under a written permission from the Aviation Department on which conditions and instructions to be followed are shown. Article 32: One engine aircraft, or aircraft which have no wireless sets or other similar apparatus by which contact can be made with aircraft, are not allowed to fly over unpopulated areas unless it follows the authorized air corridors or have had obtained a permission to this effect from the Aviation Department. Section Two-Rules for controlling air navigation Article 33: The regulation, rules and instructions which are in effect concerning the entry of persons to the Kingdom, their exit from it, importation or exportation of goods via sea Or land freight are applicable in the entry and exit by air of persons, importatioh and exportation of goods. PAGENO="1075" AIR LAWS AND TREATIES OF THE WORLD 1069 Article 34: In accordance with article 5 of Royal Decree No. 17/2/22/3481 issued on 24/9/1372 concerning air navigation regula- tions, the representatives of the Civil Aviation Department, Customs, Public Security, Health and Quarantine have the right to order any overlying aircraft to land. They have the right also to inspect it and examine the certificates and documents it carries, without making previous arrangements, and to stop it from continuing its flight in order to observe the application of the provisions of that decree and other air navigation regulations and instructions. Furthermore, these representatives have the right to detain the aircraft, any docu- ment, person or item on the aircraft pending the execution of the actions determined by the appropriate authorities, and the fulfilment of the official procedures. The application to order the landing of an aircraft is to be submitted in writing to the appropriate authorities of the Aviation Department and under the responsibility of the applicant. Article 35: Every aircraft must observe the general rules of air traffic, and the rules and instructions concerning lights, daylight signs and signals. Article 36: Every aircraft must observe the rules of public security and the safety of inhabitants and properties. Article 37: No wireless set `is to be installed in an aircraft except under a special license issued by the appropriate authority in the country where the aircraft is registered. This set is not to `be used except for the purposes of air navigation and for the safety of the aircraft. It is to be used by the aircraft crew who have special commissions to do so issued by the appropriate authority in the country where the aircraft is registered. Article 38: The following items are not to be transported on any aircraft, coming to or departing, from the Kingdom, except under permission of the Minister of Defense and Aviation: 1. Explosives, except those required for the aircraft operation or for giving customary signals. 2. Arms or ammunitions. 3. Pigeons. 4. Messages, transportation of which is the privilege of Post Office. 5. All other items issued in a ministerial resolution. Article 39: Every pilot and every crew member of an aircraft must submit, if asked, to the representative of the Aviation Department, any certificate, record of flights or license belonging to him or to the aircraft which he must be in possession of in accordance with the regulations and instructions in force. Article 40: No person is allowed to carry and use a still or movie camera to take pictures from an aircraft flying over Saudi territory as well as its territorial waters. Article 41: Photographic and cinematographic equipment which the aircraft carry during its flights over the territory of the Kingdom must be stamped. With regards to photographic and cinematographic equipment carried by passengers or the crew members, the pilot must either take all steps to keep them in a special place under his custody, or take the necessary precautions to secure the non-use of such equip- ment in taking pictures from the aircraft. PAGENO="1076" 1070 AIR LAWS AND TREATIES OF THE WORLD Article 48: The prohibition provided in the above twO articles does not apply to photographic and cinematographic equipment which are being transported by the aircraft as commercial goods, provided that they are transported in parcels well packed in a way that it would be impossible to use them during the flight. Article 43: All incidents which may happen, from the time the passengers board the aircraft for the purpose of flying, to the time the last passenger disembarks from it, which results in: 1. The injury of, any person, whether or not this injury is fatal, 2. A fire in the aircraft, or the existence of a suspect of fire in it, 3. A damage or breaking of any of the aircraft's principal part of its engine, 4. Any damage or loss in other property, and 5. All incidents of emergency landings without exception of any, whether the aircraft made a safe landing or injury of per- sons or damage of property was involved, must be reported. Article 44: In case of the occurrence of any of the incidents men- tioned hereabove in the previous article, the pilot of the aircraft, or anyone acting for him, must report the accident immediately to the nearest airport which has customs authority and to the nearest Public Security office. Article 45: Reporting the incident must be made through the fastest means of wire or wireless communications system, or other transporta- tion means, provided that it covers the following information: 1. Nationality and registration numbers of the aircraft. 2. Place where the accident occurred. 3. Date and time of accident. 4. Number of passengers and crew. 5. Kind of accident and the extent of damage and loss occurred. 6. Number and names of persons killed and injured if there were any. 7. Name of the owner of the aircraft. 8. Name of the pilot. Article 46: The aircraft must be left in the same position and place where the accident occurred, and none of the luggage or parts should be. moved before investigation is carried out by the appropriate parties to find the causes. Article 47: The pilot of the aircraft is required to take all possible precautions to prevent any person from getting near the aircraft, its' passengers or any part of it. He should also prevent the destruction of the traces of the accident.. Article 48: The pilot should, if possible, not leave the area of ac- cident until the representatives of the Public Security arrive to guard the plane. Article 49: The pilot is required to submit a full report `to the nearest airport commander in which he explains the causes and the circumstances of the accident and all damages and losses resulted. Article 50: In case a Saudi plane is involved in accident outside Saudi territory, the pilot is required to inform the Department of Civil Aviation accordingly through the fastest means of communica- tion, provided that includes all information prescribed in Article 45. He is also required to send a full detailed report 9f the accident, as PAGENO="1077" AIR LAWS AND TREATIES OF THE WORLD 1071 provided in Article 49, to the Department of Civil Aviation as soon as possible. Article 51 : The aircraft or its wreckage should not be moved ex- cept under an order from the Director of Civil Aviation Department. Article 52: For the safety of the flight, the pilots, upon entering the region of the Kingdom, must send reports about their positions to either one of the flight information regions in Jidda or in Dhahran, according to circumstances, then give such information once every thirty minutes. Pilots of outgoing aircraft must send reports about their position half an hour after they take off then once every half hour. Position reports must include the following information: 1. Nationality and registration number of the aircraft. 2. Position (indicated by longitude and latitude). 3. Time when giving the position reported. 4. Height. 5. Flying condition, whether above, under or through clouds, and visibility range. 6. True track. 7 Ground speed 8. Estimated time of arrival at boundary of the control region or the airport of destination. 9 Endur'tnce in hours and minutes The term "track" indicates the projection of the progress of the aircraft over the earth surface, and its direction in any point, indicated by degrees starting from the (true or magnetic) north lines. The term "visibility" is intended to mean the ability to see and spot clear things (not luminated during day or night time), under the prevailing weather conditions Air visibility is the average extent of visibility in front of the pilot in his cabin while flying. Surface visibility is the visibility range which an authorized official in an airport gives to an aircraft. Article 53: If an aircraft flies over restricted areas in the Kingdom, it will be fired upon immediately and without previous notice. The responsibility of what may happen to the aircraft or what actions may be taken against it will fall upon the shoulder of the pilot. Article 54: The following actions shall be taken against the air- craft which flies over restricted areas in the Kingdom: 1. The aircraft shall be retained as soon as it lands in any air- port and the crew members shall be investigated. 2. If the airport belongs to a company, the subject of forbid- ding any of the company's aircraft from overlying. Saudi terri- tory thereafter shall be considered. Article 55: `The purpose of the air traffic system control is to prevent collisions between: ` 1. The aircraft themselves. 2. The aircraft and the barriers in the airport area. 3. The speed and air traffic system. Air Traffic control services include the following services: 1. Air traffic control services for flights at the entrance of con- trol areas. ` " 2; Air traffic control services for departure or arrival of air- craft. ` 3. Air traffic control services for the airport traffic. PAGENO="1078" 1072 AIR LAWS AND TREATIES OF THE WORLD Article 56: The pilot of any aircraft entering into or departing from the Kingdom's territory is required to follow the rules pertain- *ing to air traffic as well as the instructions issued by the air traffic con- trol (Office), unless there are forcing circumstances which obliges him not to follow such rules and instructions. In case he violates such rules and instructions he shall be held responsible for any damage or harm that may fall on persons, aircraft or property of others. Article 57: The Aviation Department shall issue the proper rules and instructions relative to air traffic control (system) and in ac- cordance with the rules and instructions applied internationally in this connection. Article 58: Every aircraft, which the appropriate authority order, through the customary means, to land must land at the nearest air- port. Furthermore it should, upon receiving the order to land, reduce its speed and come down to a lower level, otherwise it shall be forced todoso. In emergency landing at the territory of the Kingdom previous clearance or permission is not required. Every aircraft, knowing that there is another aircraft which is obliged to make an emergency land- ing, should immediately give way to the other aircraft. Article 59: Anyone who violates the provisions of this decision, and the rules and instructions referred to in Article 57 shall be penalized with a fine not less than two hundred riyals and does not exceed one thousand riyals unless the Penalties Regulation issued under the Min- isterial Resolution No. specifies a harder penalty. Penalties and measures specified in this decision shall be applied by the adminis- trative authorities of the Civil Aviation Department. Article 60: The Director of Aviation Department is required to ap- ply this decision, circulate it among concerned authorities and act in accordance with it as of the date of its publication in the official gazette. MINISTERIAL RESOL1JTION NO. 5 DATED 23/5/1377 REGARDING AIRCRAFT REGISTRATION The Minister of Defense and Aviation, Having reviewed Article 3 of Royal Decree No. 17/2/22/3481 con- cerning air navigation, and On the basis of the authorization granted to us under the said article, and since it has become necessary to establish a regulation for aircraft registration, have decided: Article 1: The Civil Aviation Department shall maintain a Saudi Registration Log Book to record aircraft. Article 2: Aircraft registered in the said Registration Log Book should not be registered in another country, and should be owned completely by Saudi subjects or by a company whose share holders are all Saudi citizens. Article 3: Every aircraft which is registered in the Saudi Registra- tion Log Book bears the Saudi nationality. Artwle 4 Aircraft shall be crossed out of the Registration Log Book in the following cases: 1. If the conditions provided in article 2 of this decision has not been fulfilled. PAGENO="1079" AIR LAWS AND TREATIES OF THE WORLD 1073 2. In case of the change or death of owner or dissolution of the company which owns the aircraft. 3. In case of destruction or loss of the aircraft or its being unfit for use. Article 5: The owner of the aircraft or his heirs are required to in- form the Aviation Department of any change in the ownership of the aircraft or his share in it. They are required to inform the said Department if the aircraft is destroyed or lost or becomes unfit for use. Such notification must be made within fifteen days at most from the date of the death of the owner, the loss of the aircraft or the date the airëraft proved to be unfit for use. Article 6: Aircraft registered in the Saudi Registration Log Book are not allowed to trespass the Saudi borders except under a previous permission obtained from the Minister of Defense and Aviation. Article 7: Characteristic features of Saudi aircraft are: a) Nationality mark. b) Registration mark. 1. Three English letters designed by the Aviation Department for motor driven aircraff~. 2. Three English letters designed by the Aviation Department for gliders. Nationality mark must be written above the registration mark, and they should be separated by a dash. Article 8: The characteristic feature letters should be in the largest size, all in the same size, and should not come to the edge of the board~ The letters should not be openface or decorated and should be all in one color different from the color of the surface on which they are written. The letters should also be clean all times so that they can be read easily, and they should be written on the upper and lower sur- face of the aircraft wings. In case of bodyless aircraft such marks should be made on both sides of the cockpit and passengers cabin. Article 9: Under a resolution of the Council of Ministers aircraft owned by foreigners who are residing in the Saudi Arabian Kingdom may be registered in the special Registration Log Book for foreign aircraft though they may not be registered in another country. Such registration is for the purpose of using the aircraft within the terri- tory of the Kingdom. Article 10: Aircraft owned by foreigners who are residing in the Kingdom which are registered in the foreign aircraft Registration Log Book in accordance with the previous article, is not required t& bear the nationality mark but showing the registration mark is enough. Article 11: The Minister of Defense and Aviation may, if circum- stances relative to public interest necessitate, refuse to register any aircraft in the Saudi Registration Log Book. He may also order that any aircraft be crossed out of the said Registration Log Book. In this case, the owner of the aircraft must stop its operations at most within a fifteen days period from the date he has been informed of such decision. Article 1~ Saudi subjects and Saudi companies who own aircraft which are already engaged or which they desire to engage in air navigation should submit applications to have their aircraft registered in the Saudi Registration Log Book within fifteen days period at most from the dat~ ~ publication of this decision in the official gazette~ PAGENO="1080" 1074 AIR LAWS AND TREATIES OF THE WORLD Application for registration shauld be made on the special forms `and be submitted to the Aviation Department. Article 13: Foreigners who are residing in the Kingdom and who are desiring to register their aircraft in the special Registration Log Book of foreign aircraft should submit their application, stating on it the reasons justifying such registration as well as all hecessary information, to the Ministry of Defense and Aviation who in turn shall submit it together with its remarks to the Council of Ministers. Article 14: Any one who submits an application for aircraft regis- tration to the Aviation Department must attach with it the docu- ments proving its ownership, nationality of the applicant and all other information required by regulations and instructions, together with the registration fee which amounts to one thousand riyals. The fee will be returned to applicant if registration request is denied. Article 15: The Registration Log Book for Saudi aircraft and the Registration Log Book for aircraft owned by foreigners who are re- siding in, the Kingdom as well as the registration application form must be in accordance with the fOrms approved under a decision issued by us. Article 16: The Registration Log Book and the registration certifi- cate cover the following statements: 1. Registration marks. 2. Date of registration. 3. Description of the aircraft (Name of manufacturer, number of type and serial number.) 4. Name and place of residence of the owner. 5. Number of registration. 6. Name of the original port of the aircraft. Article 17: In addition to the statements indicated in the above article the Registration Log Book should cover the following: 1. Every change in the characteristics of the aircraft. 2. Transfer of ownership of the aircraft. 3. In case the aircraft is chartered, such information should be entered in the Registration Log Book indicating date and validity of charter contract and name and nationality of charterer. 4. Erasure of aircraft registration. ,. Article 18: A file for each aircraft registration of which is requested should be maintained. The serial number and the registration letters are to be written on the top of the file by the concerned employee. Such file should include the following: 1. Statements prescribed in the previous article. 2. Statement pertaining to the changes that happen to the ownership of the aircraft, its characteristics and information con- cerning its being chartered, lost or gone out of use. Article 19: The concerned person shall be given a certificate of regis- tration in accordance with the form attached herewith. Article 20: The Director General of the Aviation Department is required to carry out this decision, circulate it among concernel author- ities and parties and act in `accordance with it as' of the date of its' pub- lication in the Official Gazette. , `.. ` ` ` PAGENO="1081" AIR LAWS AND TREATIES OF THE WORLD 1075 ROYAL DECREE NO. 7/7/15 2559 ON ISP. RABID AWWAL, 1372 [NOV. 19, 1952] Regulations for the landing and overflight of foreign military and governmental and diplomatic aircraft, in the territory of the Kingdom of Saudi Arabia and their exemption from payment of fees Relying on God the Almighty, We, Abdul Aziz bin Abdul Rahman Al Faisal Al Saudi, King of the Kingdom of Saudi Arabia, In accordance with what the Minister of Defense and Aviation has submitted to us, and since it has been necessary to establish a regula- tión concerning the landing and overflight of the friendly military aircraft and the foreign governmental aircraft and diplomatic air- craft in the territory of the Kingdom of Saudi Arabia and their ex- emption from the payment of fees in accordance with the rules pre- scribed in the General International Law, have ordered the following: Article 1: The rules of sections 1 and 2 of this Decree is to be ap- plied on the aircraft of the following categories: a) Foreign Military aircraft belonging to Military, Air or Navy foices :b) Foreign governmental aircraft designed for public service such as Customs, Police, mail and the like. c) Diplomatic aircraft which carry foreign diplomatic rep- resentatives and attach~s. Section One-Air Na'vigation A~ twle 3 Taking into consideration the provision of Article 3 and 4, the categories of `ureraft prescribed in Article 1 are not allowed to fly over the territory of our Kingdom or land in it unless they have obtained permission to do so from the Foreign Mmistry which is ap proved by the Ministry of Defense `md Aviation, or unless such per- mission is granted under a special agreement or in accordance with an international treaty in which the Saudi Government is a party, and unless they comply with the conditions provided in the permis sion. Article 3: Aircraft shall not be allowed to fly over the territory of our Kingdom except via the corridors and over the places where flying is permitted. Article 4: The Government may, when necessary and in spite of the permission referred to in Article 2 hereabove, prevent or restrict mm- mediately and temporarily the flights over its territory or part of it. Article 5: The Government has the right, in conditions and under terms it provides, to order any aircraft which may have entered any of the areas referred to in Article 3 and 4, to land as soon as possible m the airport which it indic'ites within its territory Article 6 Ammunitions and military supplies are forbidden to be transported in aircraft flying over the territory of the Kingdom or landing in it Such aircraft are also forbidden to use photographic equipments and wireless transmitting sets in or over the Kingdom's PAGENO="1082" ~1O76 AIR LAWS AND TREATIES OF THE WORLD territory except under a special permission and in accordance with the provisions of such permission. The permission is issued by the Foreign Minister after the approval of the Ministry of Defense and Aviation. In case of violation of the restriction provided in this article the rule of Article 5 shall be applied in addition to the possi- bility of confiscation of the ammunitions, military supplies and equip- ments subject of the violation. Section Two-Exemption$ Article 7: The categories of aircraft prescribed in Article 1, on the basis of reciprocity, are exempted from the following fees: 1. Landing fees at the Kingdom's airports. 2. Night stopping fees at the Kingdom's airports if the visits of the aircraft is incidental, provided that there is room for it and provided that such room is not reserved for another aircraft which is expected to arrive. 3. Customs duties on: a) Fuels and oils supplied to the aircraft. b) Equipment used for the necessary maintenance and repair of the aircraft. c) The cargo existing on the aircraft provided that none of which is discharged on land or territorial waters of the Kingdom. Rules of customs regulation shall be applied `if any of such cargo is unloaded. Goods prohibited to enter the Kingdom under the country's regulations such as bever- ages, intoxicating materials and weapons are, however, com- pletely forbidden to unload. Article 8: The exemption granted in article 7 is under the provision that the aircraft carries no ordinary passengers who pay for their tickets or cargo transporting charges are paid. Article 9: Complete fees shall be collected from civil aircraft carry- ing diplomats who have paid for their tickets. Article 10: The Ministry of Foreign Affairs, the Ministry of De- fense and Aviation and the Ministry of Finance are required to carry out' thisdeoree, each in hisfield of,concern, and act in accordance with it. ````` ` ` ` "" ~` Issued at our Royal Palace in Riyadh on the first day of Rabi' aJ- Thani, in the year 1372 H. ROYAL DECREE NO. 7/7/1/3456 REGARDING THE CONSTRUcTION OF AIRPORTS IN THE KINGDOM OF SAUDI ARABIA Relying on God the Almighty, We, Abdul Aziz bin Abdul Rahman al-FaisaJ Al Saud, King of the Kingdom of `Saudi `Arabia, ` ` ` ` ` `` "" in accordance with what has been submitted to us by the Minister of Defense and Aviation, and since it has become necessary to estab- lish a regulation for the construction of airport in the territory of our Kingdom in accordance with the internationally prescribed rules in connection with such constructions, we have ordered the following: Article 1: The construction of airports in the Kingdom of Saudi Arabia is the privilege of the Government and no one is allowed to PAGENO="1083" AIR LAWS AND TREATIES OF THE WORLD 1077 establish or prepare any land for the landing or taking off of any air- craft except under the supervision or permission of the Ministry of Defense and Aviation. Article ~: The Minister of Defense and Aviation may issue minis- terial resolutions establishing an area around each airport called "danger zone" which does not exceed 400 meters in width. Article 3: It is not allowed to establish any buildings, poles, wires or any other thing that is considered an obstacle for aviation in the danger zone except under a previous permission from the Ministry of Defense and Aviation. Article 4: The Minister of Defense and Aviation may allow the establishment of buildings or constructions in the danger zone, which are not higher than one twentieth of the distance between it and the area designed for the aircraft landing. Article 5: In the areas around the danger zone the height of build- ings, trees and constructions must not exceed one twentieth of the distance between such buildings and the airport border. Article 6: It is not allowed to install near any airport lights which may dazzle the sight or confuse the lights and signals of air naviga- tion. The Ministry of Defense and Aviation is required to carry out this Decree and act in accordance with it. PAGENO="1084" SWITZERLAND FEDERAL LAW ON AIR NAVIGATION OF DECEMBER 21, 1948 1 The Federal As8embly of the Swi$s Federation, in view of Articles 37 ter and 36 of the Constitution, and of the Message of the Federal Council of March 23, 1945 2 decrees as follows: FIRST PART-BASIC PROVISIONS OF AIR NAVIGATION FIRST TITLE-AIR SPACE AND SURFACE OF THE EARTH CHAPTER I-SOVEREIGNTY OVER AIRSPACE AND ITS EFFECT5 Article 1 I. Use of Swiss airspace. 1. Principle. The use of the airspace over Switzerland by any aircraft shall be permitted within the limits established by this law and the federal laws in general. Article 2 2. Aircraft permitted to fly. Any of the following [aircraft] may fly within the Swiss airspace provided it is airworthy: a. Aicraft belonging to the Swiss State; b. Aircraft registered in the Swiss Register in accordance with Article 52 and possessing the certificates provided for in Article 56; c. Aircraft which may use the Swiss airspace by virtue of international agreements; d. Aircraft which may use the Swiss airspace by virtue of a special ruling of the Federal Air Office. Article 3 II. Supervision by the Federal Government. 1. Federal Agencies. The Federal Council shall have supervision of air navigation over the whole territory of the Federation. It shall exercise it through the Department of the Post Office and Railroads. For the purpose of exercising immediate supervision, a special divi- sion of the Department of the Post Office and Railroads shall be established. The Federal Council shall make more detailed regulations, particu- larly in regard to fees to be levied. ~ Published in Recucil des Lois Fdddrales, No. 19, of June 6, 1950, p. 491. 2 In Feuille Fdddrale, 1945, Vol. I, p. 325. 1078 PAGENO="1085" AIR LAWS AND TREATIES OF THE WORLD 1079 Article 4 2 Delegation Particular powers of supervision may be delegated to the Cantons and, upon consultation with the Cantonal Govern- ments, to the local authorities, to the airport authorities and to private organizations suitable to exercise them. Article 5 3. Commission for air navigation. The Federal Council shall ap- point a Commission for Air Navigation, consisting of at least seven members, which shall give advice on important questions concerning air navigation. The membership, jurisdiction and methods of operation of such commission shall be specified in an ordinance. Article 6 4. Appeal. An appeal from any decision made under Artiëles 8, 9, 14, second paragraph, and Articles 27, 33, 35, 37 and 93 may be brought in the usual manner to the Federal Council as the highest resort. The Department of the Post Office and Railroads shall render final decisions in all appeals brought under the present law in the following cases a First decisior~s rendered by the Federal Air Office b Rulings of that office concerning appeals from decisions of the supervisory authorities provided for in Article 4. The provisions of Article 49 shall not thereby be affected. Article 7 III Restiictions on an navig'ition 1 Prohibition to fly In the intere~t Of public order and safety or for military reasons, the Federal Council may, as a temporary or permanent measure, prohibit or re- strict the use of the Swiss airspace or the flight over certain areas. Artiële 8 2. Air routes and airports The Fedeial Air Office may prescribe aIr routes which must be followed `Lnd designate airports which must be usedby aircraft. Article 9 3. Custófñs air~ort~. Any aircraft leaving for, or arriving froth, a foreign country must take off from, or land on, a customs airport. In exceptional cases, the Director General of the Customs, with the consent of the Federal Air Office, may authorize the use of another place. Article 10 4. Crossing the border. The Federal Air Office; with the consent of the Director General of the Customs, may determine the points between which the border may not be crossed. PAGENO="1086" 1080 AIR LAWS~ AND TREATIES OF THE WORLD Article 11 IV. Applicable laws. The airspace over Switzerland shall be sub- ject to the Swiss laws. The provisions of international agreements and recognized rules of public and private international law shall not thereby be affected. CHAPTER lI-USE OF TIlE AIR SPACE Article 12 I. Police regulations. 1. Jurisdiction. The Federal Council shall make police regulations for the use of the air space. Article 13 2. Permissions. The Federal Council may declare that parachute jumps, flights of captive balloons, public air shows, acrobatic flights and acrobatic exhibitions of aircraft shall depend on specific permis- sion by the Federal Air Office. Article 14 3 Prohibitions Except as determined by the Federal Council, it shall be prohibited to throw any object from an aircraft in flight. The Federal Council may prohibit, or declare dependent on per- mission by the Federal Air Office, the taking of aerial photographs and the publication thereof and the transportation by air of certain objects. Article 15 4. Special safety measures. When necessary, special safety mea- sures shall be ordered by the Federal Air Office either in the course of one of the permissions provided for in Articles 13 or 14, or in the form of a separate decision. Article 16 5. Inspection. The supervisory authorities shall always have the right to inspect aircraft and their contents, and to verify all docu- ments which they must possess. Article 17 6. Landing outside authorized airports. When an aircraft lands outside an authorized airport, the commander or, if there b.e none, the pilot, must request instructions from the air police through the local authorities. Until such instructions arrive, the aircraft, its oc- cupants and its contents shall remain under the supervision of the local authorities. This provision shall also apply to non-dirigible aircraft. The Federal Air Office may make exceptions for flights for pur- poses of instruction, for flights of balloons, glider flight and aero- nautical exhibitions. PAGENO="1087" AIR LAWS AND TREATIES OF THE WORLD 1081. Article 18 II. Duty to land. Any aircraft may be ordered to land for reasons;~ of public order and safety. It must immediately obey the signals ordering it to land. Any aircraft which. unlawfully uses the Swiss airspace must land. on the nearest customs airport in order to be put under the control of the authorities of jurisdiction. It shall remain impounded until permission for it to fly is given by the Federal Air Office. Article 19 III. Signal service. The Federal Air Office shall prescribe rules. concerning the signal service. Article 20 IV. Navigation on, and above, waterways. The Department of the Post Office and Railroads shall prescribe special rules for the use of Swiss waterways and the airspace above them by aircraft, with due consideration of the interests of shipping. The Cantonal gov-~ ernments concerned shall be heard in advance. Article 21 V. Exercise of air police power. The exercise of air police power shall belong to the authorities designated by the Federal Council. The general police powers of the Federal Government and of those of the Cantons over airports and other areas of the land used for air- navigation shall not thereby be affected. Article 22 VI. Accidents of aircraft. 1. Rescue service. The Federal Air Office may prescribe rules for the organization of the rescue service in. case of accidents of aircraft. Article 23 2. First measures. The local authorities and the air police author-- ities shall inform the Federal Air Office of accidents of aircraft by the fastest means available. The local authorities shall ascertain that, except for measures neces- sary in the rescue, no change is made at the place of `tccident that may hinder, the investigation. ; Article 24. 3. Administrative investigation.of the causes of the accident. The~ administrative investigation in case of an accident shall be conducted. by the Federal Air Office, in cooperation with the Cantonal authority~ of ~ urisdiction at the phce of the `~ccident The officnds charged with the investigation shall have the right t.o take all measures that are. useful for the determination `of the causes of the accident, including a. he~tung for the purpose of obtiinmg information from the victims and other persons. ` . PAGENO="1088" 1082 AIR LAWS AND TREATIES OF THE WORLD The powers of the Cantons in regard to civil and criminal proceed- ings shall not thereby be affected. Article 25 4. Commission of investigation, a. Membership. The Federal Commission of Investigation shall consist of a chairman appointed by the Federal COurt, of a representative of the Federal Air Office, and of a representative of the Canton where the accident occurred. Article 26 b. Procedure. The reports of. tine Fedetal Air Office nwdthe Can- tonal authorities concerning the causes of the accident must be trans- mitted without delay to the Federal Commission of Investigation. The latter shall have the right to complete the investigation; to that end, it shall, have the power granted..to the officials provided for in Article 24, first paragraph It may call experts if special circum stances Of the accident so require. The Commission shall submit a report to the Department of the Post Office and railroads, it shall publish the result of its findings Article 27 VII. Commercial. air navigation. 1. :License. a.. 1~uty. The commercial tianspoitation of persons `tnd goods by scheduled air lines shall be subject to a license Article 28 b. Jurisdiction and procedure. The liëense shall be granted by the Department of the Post Office and Railroads An application therefor shall be submitted' to it, together with supporting documentsiind other documentation required in the Regulations.'3 Before a decision on an application for a license is made, the govern- ments of the Cantons concerned and the public transportation enter- prises whose interests are affected by the project must be consulted. Article 29 c. Contents of the license. The license must contain, in particular, provisions concerning its duration, location of the enterprise, `kinds Of activities, and, further, in the case of Swiss enterprises, concerning measures of insurance for the benefit of its employees, the status of its reserves and conditions of possible purchase by the Federal Government. Article 30 d. Duties of the licensees. Duty to provide transportation shall exist for the licensees only within the limits of the license. ~ In the original French, the term "l'ordonnance d'éxlcution" is used. This term must refer to Articles 139 to 142 of the "Règlenient d'Exdcution" of June 5, 1950, which deals with applications for a license. The "Ordonnanee" of the same date deals only with the commission on navigation. PAGENO="1089" AIR LAWS AND TREATIES OF THE WORLD 1083 Licensees must submit to the Federal Air Office for approval the technical and economic facts necessary for the exercise of supervision, as well as their timetables and rates. Article 31 e. Purchase by the Federal Government. The Federal Government shall have the right to purchase for a consideration and under condi- tions which must be stated in the license, any Swiss enterprise of air transportation that is the beneficiary of a license. In case of disagreement on the amount of the consideration, the Federal Court shall decide as the court of sole jurisdiction. Article 32 f. Transfer of license. The transfer of a license to another shall be subject to the approval of the Department of the Post Office and Railroads; it shall have legal validity only after such approval. The same shall apply in regard to the transfer of certain rights and duties of the licensee. The licensee shall remain liable for the fulfill- ment of the duties arising from the license. Before giving its approval, the Department of the Post Office and Railroads shall consult the Cantonal governments concerned. Article 33 2. Permissions. Commercial flights of any kind other than pro- vided for in Article 27 may be made, and schools for the training of flight personnel may be conducted only by virtue of a special permis- sion from the Federal Air Office. Article 34 3. Domestic carriage.4 Commercial transportation of persons and goods by aircraft between two points in Swiss territory shall, in principle, be reserved to Swiss enterprises. Article 35 4. Foreign enterprises. Reciprocity. In regard to foreign enter- prises, the permissions provided for in Article 33 and the exceptions to the rule established in Article 34 may be made subject to the condi- tion that the foreign state grant reciprocity. CHAPTER Ill-GROUND INSTALLATIONS Article 36 I. Airports. 1. Jurisdiction. The Federal Council shall make de- tailed rules concerning the establishment and operation of airports for airplanes and seaplanes. In the original French, the term "cabotage", usually meaning "coastwise trade" is used. 67717 O-61---69 PAGENO="1090" 1084 AIR LAWS AND TREATIES OF THE WORLD Article 37 2. License and authorization for airports. Airports open to public navigation may be established and operated only by virtue of a li- cense which shall be granted by the Department of the Post Office and Railroads. For the establishment and operation of all other airports, authori- zation by the Federal Air Office shall be required. The governments of the Cantons concerned shall be heard before the granting of a license or the delivery of an authorization. A responsible supervisor shall be designated for each airport. Article 38 3. Right of use. To the extent that military interests permit, air- ports belonging to the Federal Government shall also be open to civil aviation. Aircraft in the service of the army, the customs and the police may use, without payment of a fee, civil airports supported by the Federal Government when no disturbance of civil aviation results therefrom. Special arrangements regulating the exercise of the rights men- tioned in paragraphs 1 and 2 shall not thereby be affected. Article* 39 4. Airport fees. Airport fees shall be submitted for the approval of the Federal Air Office. Article 40 II. Service of air safety. The Federal Air Office shall organize a service of air safety. This service shall include in particular the transmission of messages, traffic control, aids to navigation, aeronautical weather services and the marking of flight obstructions. Article 41 III. Flight obstructions. The Federal Council may prescribe rules to prevent the creation of flight obstructions, to remove such obstruc- tions, or to adapt them to the requirements of the safety of air navigation. The federal laws on expropriation shall apply to complete or par- tial removal of flight obstructions that existed before these provisions were enacted. Article 42 IV. Restrictions on realty. 1. Use without compensation. The Federal Government and the grantees of an airport license shall have the right to gratuitous use of public or private property for installa- tions of the safety service, provided the normal use of such real prop- erty, such building or such installations, is not hampered. However, any damage resulting from the construction and main- tenance of installations of the safety service must be repaired. PAGENO="1091" AIR LAWS AND TREATIES OF THE WORLD 1085 Article 43 2. Restriction on the right to build, a. Public airports. The Fed- eral Council shall be auhorized to provide in an ordinance that no buildings may be erected or other installations be established within a determined area around airports or installations of the safety serv- ice or at a determined distance from air routes except when they constitute no danger to air navigation and when the Federal Air Office, in agreement with the other agencies concerned, has approved the plans in advance. Before application of the ordinance, the plans showing the extent of the restrictions on the right to build imposed for the benefit of an airport, of an installation of the safety service, or of an air route, must be publicly deposited, and a time limit must be fixed within which objections may be entered. The Federal Laws on Expropriation shall apply to deposit of the plans, to opposition proceedings, and to indemnity claims of the in- terested parties. Article 44 b. Private airports. Article 43 shall not apply to private airports. `When the Federal Air Office considers a safety zone necessary, its creation shall be accomplished by the purchase of land and by the imposition of servitudes of the kind used in private law. Authoriza- tion to operate an airport must be refused when no solution that is completely satisfactory from the point of view of air safety can be arrived at in this manner. Article 45 V. Sharing of costs. 1. Operator of an airport. Except as pro- vided in Article 101, the operator of an airport shall bear the cost of establishing, operating and maintaining the airport. Furthermore, the following shall be at his expense insofar as there is any relationship to the use of the airport by aircraft: a. The cost of installations for the safety service and of their use; b. The cost of eliminating flight obstructions or of adapting them; c. Compensation due for restrictions imposed on the right to build in order to facilitate use of an airport. Article 46 2. Enterprises of air transportation. Unusual costs for the safety service caused by the operation of particular airlines may also be charged to the enterprises of air transportation concerned. Article 47 3. Third parties. If third parties subsequently build any installa- tions, they shall bear the whole expense incurred in adapting such installations to the necessities of the safety of air navigation, except as provided in Article 101, second paragraph. PAGENO="1092" 1086 AIR LAWS AND TREATIES OF THE WORLD Article 48 4. Federal Government. Other costs of the safety service and the elimination or adaptation of flight obstructions shall be borne by the Federal Government. Article 49 VI. Jurisdiction and procedure. The Federal Council shall desig- nate the authorities of jurisdiction and regulate the procedure: a. For adjudication of actions relating to gratuitous use of real property under Article 42, first paragraph; b. For adjudication of actions for damage payments under Article 42, second paragraph; c. For adjudication of actions relating to sharing expenses un- der Articles 45 to 48 Judgments rendered by the highest appeals authorities designated by the Federal Council may be brought before the Federal Court by way of an administrative appeal. Article 50 VII. Expropriation. For the establishment and operation of air- ports, the Federal Council may exercise, or confer upon third parties, the right of expropriation in accordance with the Federal Law on Expropriation. The right of expropriation may also be exercised, or conferred for, installations of the safety service when the rights provided for in Articles 42 and 43 are insufficient. SECOND TITLE-AIRCRAFT AND AIR PERSONNEL ChAPTER I-AIRCRAFT Article 51 I. Classification. The Federal Council shall make rules for the classification of aircraft. In particular, it shall define aircraft which shall be deemed Swiss State aircraft. Article 52 II. Register. 1. General conditions for registration. The Fed- eral Air Office shall keep the Swiss register. Except as provided in Articles 53 and 54, an aircraft may be regis- tered in the Swiss register only: a. When it is recognized as airworthy by an official inspection agency; b. When it is not registered in the register of another State;. c. When it is the property of Swiss nationals, of Swiss corpora- tions or cooperatives, of Swiss associations, or of Swiss public institutions or establishments. . . The Federal Council shall make detailed rules concerning condi- tions, contents, changes in, and cancellation of registrations. PAGENO="1093" AIR LAWS AND TREATIES OF THE WORLD 1087 Article 53 2. Aircraft belonging to Swiss corporations and associations. Any aircraft belonging to Swiss corporations and cooperatives may be registered in the Swiss register only: a. When the corporation or cooperative is registered in the commercial register in Switzerland; b. When all stockholders or asspciation members who are per- sonally liable, and at least two-thirds of the others, are Swiss citizens; c. When the president and two-thirds of the members of the board and of the directors of the corporation are Swiss citizens and domiciled in Switzerland. Any aircraft that belongs to an association may be registered only when two-thirds of its members are Swiss citizens and when the presi- dent and two-thirds of the members of the committee are Swiss citi- zens and domiciled in Switzerland. Article 54 3. Foreign aircraft. Any aircraft which is the property of a na- tional of a foreign state may be registered in the Swiss Register when it has its home port in Switzerland and when its owner is domiciled in Switzerland. Article 55 4. Legal consequences. Any aircraft registered in the Swiss Reg- ister shall be deemed Swiss. Article 56 III. Certificates. For all aircraft registered in the Swiss Register the Federal Air Office shall deliver certificates attesting their regis- tration, their airworthiness, and their clearance for flight. Such certificates must contain all information necessary to establish the identity of the aircraft. Certificates of clearance for flight may be given to applicants only when they prove that the guarantee required by this law for coverage of civil liability has been furnished. The Federal Council shall make rules concerning the duration of the validity of the certificates, their renewal and their withdrawal. Article 57 IV. Crew and equipment. The Federal Air Office shall make rules concerning the members of the crew and the equipment of aircraft flying in Switzerland, a.nd concerning the flight papers which such aircraft must carry. International agreements shall not thereby be affected. Article 58 V. Inspection for airworthiness. All aircraft must be inspected for airworthiness: a. Before registration in the Swiss Register; PAGENO="1094" 1088 AIR LAWS AND TREATIES OF THE WORLD b. After a period of time fixed by the Federal Air Office; c. When certain circumstances, such as, for example, an acci- dent or serious damage, make an inspection advisable. The Federal Air Office may also subject foreign aircraft to a techni- cal mspection whenever it is in doubt about its airworthiness. The Federal Air Office shall determine the nature and the extent of the inspection for airworthiness. The operator of the aircraft shall bear the expense of the inspection. Article 59 VI. Markings. All aircraft flying in the Swiss airspace must bear distinctive and clearly visible markings. The Federal Air Office shall determine the kind of markings if it is not regulated in international agreements. CHAPTER Il-AIR PERSONNEL Article 60 I. Licenses. Aircraft pilots and other personnel, indispensable for the operation of an aircraft, especially navigators, flight radio oper- ators and engineers, and persons training as air personnel, must pos- sess, and periodically renew, a license from the Federal Air Office, in order to carry out their functions. The Federal Council shall determine other categories of the air personnel for whom the possession of a license is required. It shall make rules for the granting, the renewal and the with- drawal of the licenses. Article 61 II. Student licenses. Any person who wants to train for a func- tion for which a license is obligatory under Article 60, must have a student license delivered by the Federal Air Office. The Federal Air Office shall make provisions regulating the grant- ing, the withdrawal, and the validity of such student license.. Article 62 III. Foreign certificates. The Federal Air Office shall rule on the validity of foreign certificates unless international agreements are applicable. It shall have the right to refuse recognition for flight in the Swiss airspace to certificates delivered to a Swiss national by a foreign state. Article 63 IV. Rights and duties of air personnel. The Federal Council shall determine, in the ordinance for the application [of this law] or in special regulations, what the rights and duties of air personnel are within the limits of international agreements and of the federal laws. Working conditions shall be regulated by contract. PAGENO="1095" AIR LAWS AND TREATIES OF THE WORLD 1089 SECOND PART-LEGAL RELATIONSHIPS RESULTING FROM THE PRACTICE OF AIR NAVIGATION FIRST TITLE-CIVIL LIABILITY TOWARD THIRD PERSONS Article 64 I. Extent of damage payments. 1. Principles. The damage caused by an aircraft in flight to persons and property on the ground shall give rise to a right to damages against the operator of the air- craft if it is established that the damage has occurred and that it has been caused by the aircraft. In this provision shall be included: a.~ Damage caused by an object of any kind falling from the aircraft, even in the case of jettisoning of prescribed ballast or jettisoning in an emergency; b. Damage caused by any person whatever on board an air- craft. The operator shall be liable only up to the amount of the guarantee which he must furnish in application of Articles 70 and 71, if such person is not part of the crew. The aircraft shall be deemed in flight from the beginning of take- off operations until the end of the operations of arrival. Article 65 2. Unlawful use. Any person who makes use of an aircraft with- out the consent of the operator shall be liable for the damage caused. The operator shall also be liable but only up to the amount of the guarantee which he must furnish in application of Articles 70 and 71. Article 66 3. Collision. In the case of damage caused on the ground by the collision of two or more aircraft, the operators of such aircraft shall be jointly liable to third persons who have suffered damage. Article 67 II. Venue. Venue in actions for payment of damages shall be, at the choice of the plaintiff: in the court of the domicile of the defei~dant or, in the court at the place where the damage has been caused. Article 68 III. Statute of limitations. No such actions shall be maintained after one year counting from the date when the damage occurred. When the injured person proves that he could not know either of the damage, of its extent, or of the person liable therefor, the statute of limitations shall begin to run from the day when he could have had knowledge thereof. In all events, no action shall be maintained after three years from the date when the damage occurred. PAGENO="1096" 1090 AIR LAWS AND TREATIES OF THE WORLD Article 69 IV. Reservation of contractual right. The provisions of this title shall not apply to damages caused on the ground when payment there- for is subject to a contract between the injured person and the person who is liable under the provisions of this law. Article 70 V. Guarantee to cover civil liability. 1. Duty to insure. Except as provided in Article 71, any operator of an aircraft registered in the Swiss Register shall be insured against the consequences of his liabil- ity to third persons with an insurance company that has been author- ized by the Federal Council to do business in Switzerland in this kind of insurance. The insurance must also cover the liability of the persons entrusted by the operator with the operation of the aircraft or with other flight services in regard to damages caused to third persons in the exercise of their professional activity in the service of the operator. Article 71 2. Deposit and bond. The guarantee against losses may also consist of the deposit of securities that are easily negotiable at the public treasury or at a bank accepted by the Federal Air Office, or of a general collateral [cautionnement solidaire] by such a bank or insurance com- pany authorized by the Federal Council to do insurance business in Switzerland. The actual surety and the collateral must be replenished as soon as the amounts they represent are susceptible of being diminished by the amount of an indemnity. Article 72 3. Aircraft of the Federal Government and the Cantons. The Fed- eral Government and the Cantons shall not have to furnish a guaran- tee for their aircraft. Article 73 4. Foreign aircraft. The duty to furnish a guarantee for foreign aircraft shall be governed by international agreements. In the ab- sence of such agreements, the Federal Air Office may make [permission to] use Swiss airspace contingent on the prior furnishing of a guarantee. Article 74 5. Rules for execution. The Federal Council shall make rules con- cerning the furnishing of guarantees, especially concerning their amount and delivery of official attestations as to the kind, amount and duration of validity of the guarantees furnished. SECOND TITLE-THE LAW OF AIR TRANSPORTATION Article 75 I. Regulation of air transportation. The Federal Council, after hearing the Commission for Air Navigation, shall issue regulations PAGENO="1097" AIR LAWS AND TREATIES OF THE WORLD 1091 for air transportation which shall govern the transportation of per- sons and baggage, of goods and animals, including civil liability of a carrier to passengers and to shippers. It shall take as a basis there- for the principles of the Warsaw Convention of October 12, 1929 on international transportation by air. For domestic traffic the Federal Council may simplify the shipping formalities. The regulations for air transportation must be approved by the Federal Assembly. Article 76 II. Reservation of postal laws. The special provisions of the postal laws for transportation of postal shipments by air shall not thereby be affected. THIRD TITLE-GENERAL PROVISIONS ON CIVIL LIABILITY Article 77 I. Federal insurance in case of accidents. When the victim of an accident caused by an aircraft has been insured with the Swiss na- tional accident insurance [caisse nationale suisse d'assurance en cas d'accidents], his rights shall be determined under the federal accident insurance laws. The national insurance may recoup any payments from the persons u-ho are civilly liable and from the insurer, in ac- cordance with Article 100 of the Law on Insurance in Cases of Sick- ness and Accidents. Any more extensive rights of the victim or his survivors arising from an accident caused by an aircraft shall remain intact. Article 78 I. Military insurance. When a person covered by military insur- ance is the victim of an accident caused by the use of a Swiss military aircraft, the federal laws on military insurance alone shall be ap- plicable. Article 79 III. Contractual rights [droits des obligations]. Insofar as Arti- cles 64 to 78 and the rules issued by the Federal Council in applica- tion thereof do not provide otherwise, the provisions of the Federal Code of Obligations shall be applicable. FOURTH TITLE-ATTACHMENT OF AIRCRAFT Article 80 I. Definitions. In the following Articles, attachment shall mean any act, of whatever name, by which an aircraft is seized, for a private interest, for the benefit of a creditor, a proprietor or titleholder of an actual right in the aircraft, where the person making the attachment cannot produce an executory judgment, previously obtained under the regular procedure, or an equivalent writ of execution. PAGENO="1098" 1092 AIR LAWS AND TREATIES OF THE WORLD Article 81 II. Exemption. The following shall be exempt from attachment: a. Aircraft used exclusively in the service of the State; b. Aircraft actually in service on a scheduled public airline and necessary reserve aircraft; c. Any other aircraft used for transportation of persons or goods for hire, when it is ready to depart in such transportation, except in the case of a debt incurred for the trip it will undertake or of an amount that has become due in the course of the trip. The provisions of this article shall not apply to an attachment' by the proprietor of an aircraft who has been unlawfully dispossessed thereof. Article 82 III. Avoidance of attachment by furnishing a guarantee. A suffi- cient guarantee shall prevent attachment or shall give the right to have it lifted immediately. Such guarantee shall be deemed sufficient if it covers the amount of the debt and the costs, and if it is made exclusively for payment of the creditor, or if it covers the value of the aircraft in case such value is lower than the amount. of the debt and the costs. Article 83 IV. Procedure. In all cases a request for the lifting of the attach- ment shall be decided on by a summary and speedy procedure. The Cantonal governments, by means of an ordinance, shall issue necessary rules in regard to procedure; such rules must be submitted to the Federal Council for its approval. Article 84 V. Duty to make reparation for the damage caused by an un- justified attachment. When an attachment has been made of an air- craft which is non-attachable under the provisions of this law or when the debtor has had to furnish a guarantee in order to avoid the attachment or to have it lifted, the person making the attachment shall be liable under the Code of Obligations for the damage arising to the operator or the proprietor. The same rule shall apply in the case of an attachment made without just cause. A demand for reparation for the damage shall be submitted either to the court of the domicile of the defendant or to the court of the place where the attachment was made. Article 85 VI. Exceptions. The preceding provisions shall not apply to pre- ventive measures taken under the bankruptcy laws, under the admin- istrative law, or under the criminal law. PAGENO="1099" AIR LAWS AND TREATIES OF THE WORLD 1093 Article 86 VII. Foreign aircraft. Articles 80 to 85 shall also be applicable to foreign aircraft when the State in whose register they are regis- tered, assures reciprocity. Article 87 VIII. Protection of industrial property rights. The agreements concerning industrial property rights shall not thereby be affected. FIFTH TITLE-CRIMINAL PROVISIONS CHAPTER I-VIOLATIONS Article 88 I. Crimes. 1. Prohibition to fly. Any person who, in violation of a prohibition to fly issued under Article 7, intentionally enters the air space by means of flight, or leaves Switzerland in such manner, or flies over a prohibited area, shall be punished by imprisonment up to one year or by a fine up to ten thousand francs. When the person committing the unlawful act has also violated the provisions of Article 18 concerning the duty to land, the penalty shall be imprisonment up to two years and a fine up to twenty thou- sand francs. S When the person committing the unlawful act has acted negligently, the penalty shall be imprisonment up to six months or a fine up to five thousand francs. Article 89 2. Piloting an aircraft bearing false markings. Any person who intentionally pilots, or causes to be piloted, an aircraft bearing false or falsified markings, or one not bearing the markings prescribed in Article 59, shall be punished by imprisonment up to five years and by a flue up to twenty thousand francs. In less serious cases a judge may simply levy a fine. If the person committing the unlawful act has acted negligently, the penalty shall be imprisonment up to six months or a fine up to ten thousand francs. A person who pilots, or causes to be piloted, outside of Switzerland, any aircraft unlawfully bearing Swiss markings, shall also be subject to punishment. Article 4, second paragraph, of the Criminal Code shall be applicable. Article 90 3. Creat.ing a danger by air navigation. Any person who, during a flight, as aircraft commander, member of the crew, or passenger, intentionally violates the rules of law or the recognized flight rules and thus knowingly endangers the person or the property of third parties on the ground, shall be punished by imprisonment up to three years. S If the person committing the unlawful act has acted negligently, the penalty shall be imprisonment up to six months or a fine up to ten thousand francs. PAGENO="1100" 1094 AIR LAWS AND TREATIES OF THE WORLD Article 91 IT. Misdemeanors. Any person who violates this law, the regula- tions issued in application thereof, or the provisions of an agreement concerning air navigation, particularly the rules concerning air traffic, air police, ground installations, aircraft, or air personnel, shall be punished by arrest up to three months or a fine up t.o two thousand francs. Article 92 III. Administrative measures. 1. General. If there is a violation of the provisions of this law or the ordinances and other rules issued for its application by the authorities of jurisdiction or of the pro- visions of agreement.s concerning air navigation, the Federal Air Office may, independent of the institution and the outcome of any criminal proceedings, pronounce the following: a. Temporary or permanent withdrawal of authorizations, licenses and certificates, or the restriction of their extent; b. Impounding of aircraft whose further use would endanger public safety, or whose misuse may be expected. Article 93 2. Withdrawal of licenses. A license accorded under Articles 27 or 37 may be withdrawn at any time without compensation in the case of a serious or repeated violation of his duties by the grantee. Article 94 IV. Legal persons and corporations. When punishable acts are committed in the administration of a legal person or a corporation, the criminal provisions shall apply to the persons who acted or should have acted on its behalf, and the legal person or corporation shall be jointly liable for the payment of the fine and the costs. Article 95 V. Criminal Code. The provisions of the Criminal Code shall be additionally applicable. CHAPTER lI-APPLICATION AND CRIMINAL PROCEEDINGS Article 96 I. Applicability of the criminal provisions as to place. 1. Prin- ciple. Except for Articles 89, fourth paragraph, and 97, or Articles 4 to 6 of the Criminal Code, the criminal provisions shall be applicable only to a person who has committed a punishable act in Switzerland. Article 97 2. Aircraft outside Switzerland. The provisions of the Swiss criminal law shall apply to acts committed outside Switzerland on board a Swiss aircraft employed in commercial traffic, when the per- PAGENO="1101" AIR LAWS AND TREATIES OF THE WORLD 1095 son who committed the act is in Switzerland and has not been extra- dited or when he has been extradited to the Federal Government be- cause of such act. This rule shall also apply to violations of provisions of an agree- ment concerning air navigation concluded by Switzerland, when the aircraft is not employed in commercial traffic. The members of the crew of a Swiss aircraft employed in commer- cial traffic shall always be subject to the Swiss criminal law when they have committed such act on board the aircraft or in the accomplish- ment of their professional functions. Article 4, second pa.ragraph, of the Criminal Code shall apply. Article 98 II. Jurisdiction. Crimes and felonies committed on board an aircraft shall be subject to the criminal jurisdiction of the Federal Government. Misdemeanors mentioned in Article 91 shall be prosecuted and ad- judged by the Federal Air Office in accordance with the provisions of the fifth part of the Federal Law on Criminal Procedure of June 15, 1934. When punishable acts have been committed on board a foreign air- craft over Switzerland or on board a Swiss aircraft outside Switzer- land, the authority that has jurisdiction under the Federal Law on Criminal Procedure may forego the institution of criminal pro- ceedings. Article 99 III. Powers of the Commander. When a crime or a felony is committed in Switzerland or outside Switzerland on board a Swiss aircra.ft employed in commercial traffic, the commander must obtain and assure proof thereof. Until the arrival of the authority of jurisdiction, he shall under- take to make all inquiries that should not suffer any delay, and, if necessary, shall temporarily arrest the suspects, search the passengers and members of the crew and impound any objects that may serve as proof. Articles 62 to 64, 65, 69, and 74 to 85 of the Federal Law on Criminal Procedure of June 15, 1934 pertaining to temporary arrest, impounding, securing of papers and interrogation of witnesses shall be applicable by analogy. When, after the fa.cts have been established, the aircraft lands abroad, the Swiss consul at the locality of the place of landing must be informed; and instructions shall be asked of him. After the end of the trip, the commander shall submit a written report to the Federal Air Office concerning the facts and the investi- gation. Article 100 IV. Compulsory information. All police or judicial authorities shall inform the Federal Air Office of any punishable fact that may lead to withdrawal of authorizations, licenses and certificates in the sense of Article 92. PAGENO="1102" 1096 AIR LAWS AND TREATIES OF THE WORLD THIRD PART-DEVELOPMENT OF AIR NAVIGATION Article 101 I. Payments by the Federal Government. Insofar as Switzerland or a considerable part thereof is interested therein, the Federal Gov- ernment may support air navigation by subsidies and loans, in particular: a. The operation of scheduled air lines; b. The creation and operation of airports, of installations of air safety, and the application of all other measures of air safety; c. The training of air personnel, including that of the service of air safety. When new and necessary installations cannot be adapted to the safety of air navigation in accordance with Article 47 without addi- tional expenditures, the Federal Government may, in exceptional cases, alleviate such expenditures by a subsidy. In all cases, the financial status of the beneficiary of federal pay- ments shall be taken into consideration. Article 1O~2 II. Holding of shares. The Federal Government may own shares in enterprises operating airports and in enterprises of air transpor- tation provided this is in the general interest. Article 103 III. Mixed corporations. The domestic, continental, or intercon- tinental air service which is declared of general interest by the De- partment of the Post Office and Railroads, shall be operated by a Swiss air transportation company of mixed character, in which the Federal Government has a financial interest. The cantons and com- inunities may also own shares in such an enterprise. The charter of such corporation shall be submitted to the Federal Council for its approval. FOURTH PART-APPLICATION AND FINAL PROVISIONS Article 104 I. Reservation of laws on telegraph and telephone. Radioelectric stations may not be established and operated without a license from the Administration of the Post Office, Telegraph and Telephones. Radioelectric stations may be used only by persons to whom the administration of the Post Office, Telegraphs and Telephones has granted a certificate of fitness in accordance with the provisions of law. Article 105 II. Reservation of customs laws. The provisions of the customs law shall be reserved. The operators of airports shall provide the office facilities necessary f or customs formalities. PAGENO="1103" AIR LAWS AND TREATIES OF THE WORLD 1097 Article 106 III. Application of the law to military aircraft. 1. General. The Federal Government shall be liable only under Articles 64 to 74, and 77 to 79, for damages caused by a Swiss military aircraft to persons and property on the ground. Otherwise this law shall apply to military aircraft only to the ex- tent that it has expressly been declared applicable to them by the Federal Council. Article 107 Rules f~r flight safety and ordinance concerning signals. The service concerned within the military departm~nt, in agreement with the Federal Air Office, shall take the measures n~cessary for the obser- ~~ation by use of military aircraft of the rules issued in the interest of flight safety and of those which concern signals. When these rules are determined by international agreements concluded by Switzer- land, they shall fully apply to such military use. Article 108 IV. Special rules. The Federal Council may declare that certain provisions of this law shall not apply: a. To aircraft of the State that are not military aircraft; b. To private aircraft that are not airplanes. If the circumstances warrant, it may establish special rules for such categories of aircraft. However, measures of the Federal Coun- cil may not be in derogation of the provisions concerning civil liability and of the criminal provisions of this law. Article 109 V. Application of international agreements and adaptation to tech- nical developments. Prior to regulation by law, the Federal Council shall be authorized to take any measures providing for: a. The application of international agreements relating to air navigation that have been approved by the Federal Congress; b. The application of the rules contained in such agreements to air flight in Switzerland; c. The application of technical innovations in the field of air navigation. Article 110 VI. Repealing clause. All conflicting provisions shall be repealed as of the date when this law takes effect, particularly: a. The order of the Federal Council of January 27, 1920 con- cerning the regulation of air flight in Switzerland and the provi- sions for application thereof issued by the Department of the Post Office and Railroads and the Air Office; b. The regulations of the Federal Council of January 24, 1921 concerning flight of aircraft above, and on, water. PAGENO="1104" 1098 AIR LAWS AND TREATIES OF THE WORLD Article 111 VII. Effective date; application. The Federal Council shall set the date when this law will take effect; it shall be in charge of its application.5 On June 5, 1950, the Federal Council issued regulations concerning the application of the Law on Air Navigation (Rdglemeat d'exdcution de la lol sur la navigation aérienne), also published in Recueil des Lois Fdddreles, No. 19, June 6, 1950, p. 517. The chapters of these Regulations are entitled as follows: A. Aircraft; B. Air personnel; C. Ground installations; D. Police regulations; E. Commercial air navigation; F. Liability to third persons oa the ground; G. Administrative provisions; H. Transitory and final provisions. Ihe Regulations took effect on June 15, 1950. These regulations were amended by Reso- lution of the Federal Council of December 2, 196Q, published in Sammiung der eidge- nOssis~i1sen Gesetze, No. 51, December 15, 1960--~Oa October 7, 1959, the Federal Law concerning the Aircraft Register was passed. It is published in Sammiung, etc., No. 44, November 5, 1960. In addition, there is an ordinance concerning the Commission for Air Navigation of June 5, 1950, establishing and determining the jurisdiction of that commission. The effective date is also June 15, 1950. The Mortgage Convention was ratified by Switzerland with effect of January 1, 1961. See Scmmluag, etc.., No. 44, November 8, 1960, p. 1258. PAGENO="1105" TAIWAN (FORMOSA) CIVIL AERONAUTICS Ac~ Proclaimed by order of the President on May 30th, in the 42nd year of the Republic of China (1953 A.D.) 1 CHAPTER I-DEFINITIONS For the purposes of this Act: Article 1 "Aircraft" shall mean an airplane, airship, balloon, and any other craft used for flight and navigation in the air. Article ~ "Aviation enterprise" shall mean any undertaking engaged in the construction, operation or management of an aviation activity. Article 3 "Landing field" shall mean any locality, on land or water, which is used for the takeoff and landing of aircraft. "Airdrome" shall mean a landing field and its adjoining facilities for the shelter, repair, and maintenance of aircraft, and for the loading and discharging of passengers and cargo. Article 4 "Aviation personnel" shall include aircraft pilots, navigators, flight radio operators, flight mechanics and others engaged in main- tenance of aircraft engines, air traffic control or aircraft dispatching. Article 5 "Flight" shall mean the takeoff, the travel through the air, the landing and the taxiing on the landing field of an aircraft. Article 6 "Civil air transport enterprise" shall mean any undertaking en- gaged directly in the transportation by air of mail, passengers and cargo. Article 7 "Approach area" shall mean that area at each end of the runway of a landing area on water or land that has been designated as such 1 Laws of the Republic of China QTaipeh, Taiwan, 1958), vol. 2, p. 2201. - 1099 67717 O-61-----70 PAGENO="1106" 1100 AIR LAWS AND TREATIES OF THE WORLD by the Ministry of Communications in accordance with the length of the respective runway. Article 8 "Flight routes" shall mean the airspace designated by the Ministry of Communications as being suitable for the navigation of aircraft. Article 9 "Air navigation facilities" shall include air communications, meteorological services, and any other kind of service intended to guide and help aircraft in the navigable airspace and for flight safety. Article 10 "Prohibited area" shall mean any designated area over which the flight of aircraft is forbidden. If the prohibition is based on reasons of a military nature the said area shall be designated by the Ministry of Defense. If the prohibi- tion is based on reasons of flight safety, the said area shall be desig- nated by the Ministry of Communications. Article 11 "Flight control" shall mean the operation of guiding and directing an aircraft in flight. Article 13 "Approach flight control zone" shall mean the area, and the air-* space above it extending upwards to a specified height, of the landing field and a determined area surrounding it. The said area and its airspace shall be determined by the Ministry of Communications. Article 13 The definitions in, and the application of this Act shall be limited to civil aviation. CHAPTER II-GENERAL PROVISIONS Article 14 The Ministry of Communications shall establish a Civil Aeronautics Bureau to manage and control civil aviation enterprises. The organ- ization of this Bureau shall be defined in another Act. Article 15 No foreigner shall engage in any aviation enterprise or own any private aircraft within the territory of the IRepublic of China except as provided by Article 17 of this Act. PAGENO="1107" AIR LAWS AND TREATIES OF THE WORLD 1101 Article 16 No foreign civil aircraft shall fly over, or land in the territory of the Republic of China without obtaining special permission from the Ministry of Communications. Article 17 This Act shall apply to foreign civil aircraft and foreign civil air transport enterprises of a State which has concluded a bilateral agree- ment with the Republic of China regulating the rights of flight over, and the loading and unloading of passengers and cargo in certain designated districts of the territory of the Republic of China. Any such flight which does not come within the scope of this Act may be regulated in accordance with applicable international civil aviation treaties or agreements. CHAPTER III-AIRCRAFI Article 18 Any citizen, and the government and official organizations of the Republic of China may own private aircraft. Article 19 The owner of an aircraft shall apply to the Ministry of Communi- cations for registration. After investigation and approval, a certifi- cate of registration shall be granted. Unless a certificate of registra- tion has been cancelled the owner of a registered aircraft shall not apply to another State for registration. No aircraft registered in an- other State shall be registered in the Republic of China until the can- cellation of the original registration is effected. Article 20 The owner of an aircraft holding a certificate of registration shall apply to the Ministry of Communications for an examination of his aircraft; if the conclusion of the examination is satisfactory a certifi- cate of airworthiness shall be issued. Article 21 * Any aircraft coming within the terms of one of the following para- graphs shall be deemed to be the aircraft of the Republic of China: a) when it belongs to a citizen of the Republic of China; b) when it belongs to the central or local government agencies of the Republic ofChina; c) when it belongs to a juridical person that has been estab- lished in accordance with the law of the Republic of China and which has its main office in the Republic of China. Such juridical person shall comply with one of the following provisions: i. in the case of an unlimited company, all the shareholders shall be citizens of the Republicof China; PAGENO="1108" 1102 AIR LAWS AND TREATIES OF THE WORLD ii. in the case of a mixed liability company or a mixed joint stock company, all the unlimited liability shareholders shall be citizens of the Republic of China; iii. in the case of a limited joint stock company, the chair- man of the board of directors or the general manager and over two thirds of the board of directors shall be citizens of the Republic of China; iv. all the representatives of any other kind of juridical person shall be citizens of the Republic of China. Any aircraft not belonging to the Republic of China shall not be entitled to registration in the Republic of China. Article 22 After the registration of an aircraft, the nationality mark of the Republic of China and the registration number shall be placed on the aircraft in an easily visible position. Article 23 The certificate of registration shall become invalid when one of the following events occurs: a) the right of ownership in the aircraft is transferred; b) the aircraft is destroyed or damaged; c) the aircraft is dismantled or abandoned; d) the aircraft loses it.s nationality. Article 24 The certificate of airworthiness shall become invalid when one of the following events occurs: a) the date of expiration has passed; b) the certificate of registration becomes invalid; c) the aircra.ft does not comply with the conditions of flight safety. Article 25 The Ministry of Communications shall announce the invalidation of the certificate of registration and of the certificate of airworthiness at the time of their becoming invalid; such certificates shall be re- turned by the holder thereof within twenty days from their invali- dation. Article 26 The Ministry of Communicatious shall cancel the. registration of an aircraft and order the return of the certificate of registration in the event of the registered aircraft contravening the second para- graph of Article 19 or paragraphs of (a), (b) or (c) of Article 21. Article 27 In addition to the cancellation under Articles 25 and 26 of this Act, the Ministry of Communications shall cancel the registration of an aircraft when the certificate of registration becomes invalid. PAGENO="1109" AIR LAWS AND TREATIES OF THE WORLD 1103 Article 28 Unless otherwise expressly provided in this Act, the law concerning movable property under the Civil Code shall apply to aircraft. Article 29 Any aircraft may be the object of a mortgage. Article 30 The transfer of the right of ownership in, the establishment of a mortgage over, or the lease of an aircraft shall be registered; the ab- sence of such registration shall be a bar to any action against third parties. Article 31 Articles 13 to 16 inclusive, and Articles 18 to 21 inclusive of the Maritime Law shall apply to co-ownership of aircraft. Article 32 Unless otherwise expressly provided by this Act or by law, an air- craft shall not be subject to detention, seizure or provisional seizure from the time the flight begins and during the journey. CHAPTER Iv-AvIATI0N PERSONNEL Article 33 Any member of the aviation personnel shall be a citizen of the Republic of China. A citizen of any friendly country, that grants reciprocity, who has obtained a pilot's license and an authorization certificate from the Chinese Government may operate in the territory of the Republic of China. Article 34 The Ministry of Communications shall issue a pilot's license and an authorisation certificate to aviation personnel who have success- fully passed the examination. Aviation personnel shall be entitled to operate only after obtaining the said certificates; the said certifi- cates shall always be carried during ope.ration. Article 35 The Ministry of Communications may hold an inspection of avia- tion personnel at any time. In the case of a technical, physical or personal deficiency the right of the aviation personnel to operate shall be limited, suspended or revoked. Article 36 The Ministry of Communications may cooperate with the Ministry of Education for the purpose of establishing civil aeronautical schools to train aviation personnel and to promote civil aviation enterprises. PAGENO="1110" 1104 AIR LAWS AND TREATIES OF THE WORLD CHAPTER V-AIRDROM~S AND AIR NAVIGATION FACILITIES Article 37 The Ministry of Communications shall be responsible for the es- tablishment of national airdromes. Provincial and municipal air- dromes may be established if approved by the Ministry of Communi- cations. These principles shall apply in the case of the closing down of an airdrome. No airdrome may be established without complying with the pro- visions of this Article. Article 38 No citizen or juridical person coming under paragraph (c) of Article 21 of this Act shall have the right to establish or manage a landing field without obtaining the approval of the Ministry of Communications. The manager and the operator of such landing field shall be citizens of the Republic of China. Article 39 No airdrome or landing field shall be used~ without the permission of the Ministry of Communications for any purpose other than that for which it has been established. Article 40 The closing down, transfer or lease of the management of a land- ing field shall be subject to the approval of the Ministry of Com- munications. Article 41 Air navigation facilities within the National territory shall be planned and managed by the Ministry of Communications. Article 43 With due regard to flight safety, the Ministry of Communications may restrict any construction within the approach area of a landing field. Article 43 The Ministry of Communications may order the extinguishing or the concealing of any light showing in or near the navigable airspace which may endanger flying. Article 44 The Ministry of Communications may order the owner of an obstacle within tl1e navigable airspace which endangers flying to re- move the said obstacle or to set up warning lights and markings. PAGENO="1111" AIR LAWS AND TREATIES OF THE WORLD 1105 Article 45 The official meteorological organization shall supply all necessary meteorological reports and other meteorological information needed for flight. Article 46 The land needed for an airdrome or for air navigation facilities shall be acquired in accordance with the law of real property.2 Article 47 Every aircraft using a landing field, airdrome and air navigation facilities shall pay charges according to regulation. The Ministry of Communications shall regulate and make public the standard charges to be collected. CHAPTER VI-FLIGHT SAFETY Article 48 Every aircraft in flight shall carry the following documents: a) the certificate of registration; b) the certificate of airworthiness; c) the flight log book; d) if passengers are being carried, a list of their names; e) is cargo or mail is being carried, a manifest; f) the aircraft radio license. Article 49 A test flight or air display of aircraft shall require the approval of the Ministry of Communications and shall be advertised in the area where such flight or display is to occur. Article 50 Before the flight takes place, an aircraft shall be subject to an inspec- tion by a person appointed, or an organization authorized by the Min- istry of Communications. If the aircraft does not carry the documents prescribed by Article 48 of this Act or if such documents are invalid, it shall be forbidden to fly. Article 51 No aircraft shall land or take off outside an airfield except in cases of distress or of danger to flight safety. Article 52 Any aircraft in flight in the navigable airspace shall comply with flight control regulations and follow the directions of the control au- thority. The above conditions shall also apply to flights within the airspace of the approach flight control zone. 2Known as "Land Law" in Chinese law. PAGENO="1112" 1106 AIR LAWS AND TREATIES OF THE WORLD Article 53 Any national or foreign military or civil aircraft using a landing field shall comply with the airport control regulations and follow the directions of the airport control authority. Article 54 Any aircraft in flight shall comply with the rules specifying the limits and altitude of the flight routes as prescribed by the flight control authority. Article 55 In any case where it is necessary for an aircraft to land at, or use the facilities of a military airdrome, the owner of the said aircraft shall apply to the Ministry of Communications for the necessary permis- sion and the application shall be transferred to the military aero- nautics authority for approval. In the case of an emergency landing this provision shall not apply. Any aircraft using a military landing field for takeoff or landing shall comply with the regulations and follow the directions of the said landing field. Article 56 No aircraft shall fly over a prohibited area. Article 57 No aircraft shall carry any weapon, cartridge, explosive, noxious gas or any other prohibited article without obthining the approval of the Ministry of Communications. Article 58 No object shall be thrown from an aircraft iiii flight. This provision shall not apply where a law provides otherwis~ or in the cases of flight safety or rescue work. Article 59 The pilot-in-command shall be in charg~of the aircraft while in flight and may carry out all emergency operations. Article 60 Before takeoff and after landing an aircraft shall, in accordance with the law, be subject to an inspection by an organization concerned. CHAPTER 1711-CIVIL AIR TRANSPORT ENTERPRISES Article 61 Anyone wishing to operate a civil air transport enterprise shall, in addition to registering the said enterprise with the local administra- tive authority, apply to the Ministry of Communications for approval PAGENO="1113" AIR LAWS AND TREATIES OF THE WORLD 1107 and a certificate of authorization. Such enterprise shall not start operating until the said certificate of authorization has been granted. Unless the said enterprise has started operating the certificate of authorization shall become invalid after a period of six months from the date of its issue. Under special circumstances an extension of time may be granted. Article 6~ If a civil air transport enterprise is a company, it shall comply with one of the provisions of paragraph (c) of Article 21 of this Act. In the case of a limited joint stock company all stocks shall be registered and at least 51% of all stocks shall be held by citizens of ~he Republic of China. Article 63 The certificate of authorization necessary to operate a civil air transport enterprise shall not be transferable. Article 64 When a civil air transport enterprise is dissolved under the appli- cable law, the certificate of authorization shall become invalid from the date of the dIssolution and shall be returned within 30 days for cancellation. Article 65 When the time limit of a certificate of authorization has expired the air transport enterprise shall cease its operation unless an applica- tion for a new certificate has been filed. Article 66 A civil air transport enterprise must obtain an air route license. The places of departure, destination and the passing and stopping places, the nature of the enterprise and the time limit shall be specified in the license. Article 67 The air route license shall not be transferable; the holder of the license shall not be deemed to have a monopoly in the route granted. Article 68 A civil air transport enterprise which has obtained an air route license, or any aircraft passing through the territory of the Republic of China shall carry mail under the law governing mail. Article 69 The fee for carrying air mail shall be lower than the ordinary rate of carriage of cargo by air. The rate for carrying air parcel post shall not be higher than the ordinary air rate for cargo. PAGENO="1114" 1108 AIR LAWS AND TREATIES OF THE WORLD Article 70 The carriage of airmail shall have priority over the carriage of passengers and cargo. Article 71 The Ministry of Communications shall determine the rates for carriage by air of passengers and cargo. No civil air transport enter- prise shall use any means whatsoever to raise or reduce the rates with- out obtaining the appropriate permission. For the purpose of promot- ing flight safety and developing facilities, the Ministry of Communica- tions may collect air safety and construction fees from every civil air transport enterprise but the said fee shall not exceed one-tenth of the rate for carriage by air of passengers and cargo. Article 72 A civil air transport enterprise shall use the legal currency as the unit for determining the rate of carriage by air of passengers and cargo. Article 73 Every year civil air transport enterprises shall submit to the Ministry of Communications reports concerning: a) management; b) financial status; c) operation of aircraft and flight operations; d) stockholders holding over 5% of the capital; The Ministry of Communications may, whenever it deems it neces- sary, investigate the management and financial position and any rele- vant documents of a civil air transport enterprise. Article 74 In the case of one of the following events, a civil air transport enter- prise shall, in addition to complying with the applicable law, report such event to the Ministry of Communications for entry on the files for inspection: a) increase or reduction of capital; b) issue of company bonds; c) change of address of main facilities for operation of aircraft and flight operations; d) leasing, pooling or agency agreements by civil air trans- port enterprises or by a civil air transport enterprise and another organization; e) use of aircraft for purposes other than transport. Article 7~5 The Ministry of Communications may in the case of public neces- sity order a civil air transport enterprise to operate on a specified route. Article 76 In the case of an emergency a civil air transport enterprise shall follow the orders and carry out the transport plans of the government. PAGENO="1115" AIR LAWS AND TREATIES OF THE WORLD 1109 CHAPTER VIlI-ACCIDENT AND LIABILITY Article 77 The owner of an aircraft shall be liable for damage sustained in the event of the death of, or injury to any person and in the event of the destruction of, or damaoe to movable property or real estate resulting from the accident o~' an aircraft irrespective of whether there was intention, negligence or force majeure. The above liability shall also apply for damage sustained by an object falling or thrown from an aircraft. Article 78 If damage covered by Article 17 occurs while the aircraft is being operated under a lease or a loan, the owner and the lessee or borrower shall be jointly liable; if the lease has been registered, the lessee shall be solely liable in the absence of fault of the owner. Article 79 The aircraft owner, lessee or borrower shall have a recourse action against the aviation personnel or the third party causing the damage if such damage was caused intentionally or by negligence. Article 80 The amount of compensation recoverable for damage to passengers, cargo or aviation personnel may be determined by special contract. The special contract must be in writing. If the amount of compensation set out in the special contract has been approved by the Ministry of Communications and is set out in the ticket or the air bill of lading which has been accepted by the pas- senger or shipper, the ticket or air bill of lading shall be deemed to be a written contract. Article 81 In the case of a debtor who is not able to pay the whole compensation the court may consider his position and grant an extension of time to pay or allow payment on an installment basis or reduce the amount of the compensation. The reduction shall not amount to more than 50% of the damage recoverable. Article 8f~ Prior to making an application for a certificate of registration under Article 19 of this Act the owner of an aircraft and a civil air transport enterprise prior to making an application for a certificate of authorization under Article 61 of this Act shall be insured in re- spect of their liability for damage by means of an insurance to the limits prescribed by the Ministry of Coramunications. Article 83 The Ministry of Communications may order any foreign aircraft which has obtained a special permission to fly into the territory of PAGENO="1116" 1110 AIR LAWS AND TREATIES OF THE WORLD the Republic of China to deposit, prior to such flight, a sufficient cash deposit as security for any liability which may be incurred. Article 84 A district government may detain any foreign civil aircraft and its pilot that has not deposited security for liability which may be incurred or that has not obtained a special flight permission and has been forced to land or crashes in the territory of the Republic of China. If any damage results therefrom the foreign civil aircraft shall be liable for compensation. The District government shall issue a release if the aircraft owner, lessee, borrower or pilot deposits a guaranty acceptable to the district government, unless there has been a breach of some other law or regulation. Article 85 An action for damages may be brought at the option of the plaintiff either before the court of the defendant's domicile or before the court of the first landing place after the accident. Article 86 The Civil Code shall apply to all cases of liability incurred by aircraft which are not covered by this Act. Article 87 Any aircraft flying near the area of an accident shall participate in the search and rescue. Article 88 In the event of an accident the owner, lessee or borrower of the aircraft shall immediately report the matter to the Ministry of Com- munications. CHAPTER TX-PENALTIES Article 89 Any person using fraud to apply for, and thereby obtaining a cer- tificate of authorization for aviation personnel or a certificate of registration or of airworthiness shall be liable to imprisonment for a term not exceeding three years or to penal servitude or to a fine not exceeding the sum of two thousand dollars. In addition the certificates shall be withdrawn. Article 90 Any person using an aircraft for flight without having obtained a certificate of airworthiness shall be liable to imprisonment for a term not exceeding five years or to penal servitude or to a fine not exceed- ing the sum of three thousand dollars. The same penalties shall apply when an aircraft is used for flight under an invalid certificate of air- worthiness. This provision does not apply to authorized test flights. PAGENO="1117" AIR LAWS AND TREATIES OF THE WORLD 1111 Article 91 Any aviation personnel engaging in a flight without having obtained a license and a certificate of authorization shall be liable to imprison- ment for a term not exceeding two years or to penal servitude or to a fine not exceeding the sum of two thousand dollars. The employer shall also be deemed guilty and the same penalties shall be applicable. Article 92 Any civil air transport enterprise guilty of one of the following offenses shall be liable to penal servitude or to a fine not exceeding the sum of five hundred dollars: a) of not clearly marking or placing in the prescribed position the nationality mark and registration number of an aircraft; b) of not returning for cancellation the certificate of registra- tion or the certificate of airworthiness or any other certificate issued under this Act, when under an obligation to do so; c) of operating an air transport enterprise without having ob- tained the necessary authorization. Article 93 The operator or manager of a private landing field guilty of one of the following offenses shall be liable to penal servitude or to a fine not exceeding the sum of two hundred dollars: a) of using the landing field for other purposes without the appropriate authorization; b) of closing down, transferring or leasing the landing field without the appropriate permission; c) of not complying with the appropriate regulations when collecting the landing field charges. Article 94 Any aviation personnel guilty of one of the following offenses shall be liable to imprisonment for a term not exceeding six months or to penal servitude or to a fine not exceeding the sum of one thou- sand dollars: a) of exceeding flight limitations prescribed by regulations; b) of not returning the license or the certificate of authorization for cancellation when under an obligation to do so; c) of not carrying the necessary documents while the aircraft is in flight; d) of infringing the provisions of Article 51 of this Act; e) of infringing the provisions of Article 54 of this Act; f) of after landing the aircraft not submitting to the prescribed inspection. Article 9.5 Any aircraft pilot or navigator who infringes the provisions of Article 16 of this Act shall be liable to imprisonment for a term not exceeding three years or to penal servitude or to a fine not exceeding the sum of three thousand dollars. - PAGENO="1118" 1112 AIR LAWS AND TREATIES OF THE WORLD Article 96 Anyone who sets up a private landing field without the necessary authorization or who infringes the provisions of Article 38 of this Act shall be liable to penal servitude or to a fine not exceeding the sum of three hundred dollars. Article 97 Any person who infringes the provisions of article 56 of this Act shall be liable to imprisonment for a term not exceeding two years. Article 98 Any person who infringes the provisions of article 57 of this Act shall be liable to imprisonment for a term not exceeding five years or to penal servitude or to a fine not exceeding the sum of two thou- sand dollars. Article 99 Any aviation personnel, passenger or other person travelling in an aircraft who infringes the provisions of article 58 of this Act without a justifiable reason shall be liable to imprisonment for a term not exceeding two years or `to penal servitude or to a fine not exceeding the sum of five hundred dollars. CHAPTER X-SUPPLEMENTARY RULES Article 100 The Ministry of Communications will issue regulations concerning civil aviation enterprise. Article 101 This Act shall come into force on the day of its proclamation. PAGENO="1119" THAILAND AIR NAVIGATION ACT, B.E. 2497 (1954) 1 - PHUMIPHOL ADULYADEJ, REX. Given on the 1st September, B.E. 2497; Beicig the 9th year of the Present Reign. ELM. King Phumiphol Aclulyadej has been graciously pleased to proclaim that: Whereas it is expedient to amend the law on air navigation; Be it, therefore, enacted by the King, by nnd with the advice and consent of the Assembly of the People's Representatives, as follows :- Section 1. This Act shall be called the `Air Navigation Act, BE. 2497". Section 2. This Act shall come into force after the expiration of ninety days as from the date of its publication in the Government Gazette. Section 3. (I) The Air Navigation Act, B.E. 2480; (2) The Air Navigation Act (No. 2), BE. 2490; (3) The Air Navigation Act (No. 3), B.E. 2492; and (4) All laws, rules and regulations insofar as they are repugnant to or inconsistent with the provisions of this Act; shall he repealed. Section 4. In this Act: "Aircraft" includes all machines which can derive support in the atmosphere from the reactions of the air, except objects specified in the Ministerial Regulations; "Transport Aircraft" means an aircraft which is used or intended to be used for commercial transport of things or passengers for remuneration; "Foreign Aircraft" means an aircraft duly registered and having nationality according to the foreign law; "Parachute" means an umbrella-like device used for retarding by air-resistance the descent of pci-son, thing or animal from a high place; `English text supplied by the Royal Government of Thailand. 1113 PAGENO="1120" 1114 AIR LAWS AND TREATIES OF THE WORLD "Aerodrome" means a defined area on land or water to be used either wholly or in part, for the take-off, landing or movement of aircraft, and includes buildings, installations and equipment in the aerodrome; `Licens~d aerodrome" means an aerodrome which a person has obtained permission to e3tahlish under this Act and the aerodrome notified by the Minister; "Air navigation facilities" means services provided for facilitating air navigation of aircraft, and includes buildings installations and equipment of such services; "Convention" means the Convention on International Civil Aviation done at Chicago on the 7th December, 1944 including its Annexes and Amendments of the Annexes or the Convention; "Personnel" means the pilot, navigator, engineer, radio-operator, air- traffic controller, flight operations officer and the persons performing other duties as determined in the Ministerial Regulations; "Operator" means the person engaged in aircraft operation, "Minister" means the Minister having charge and control of this Act. Section 5. This Act shall not apply to the air navigation in the services of the military, police and other official units as.n~ay be determined in the Ministerial Regulations. Section 6. The Minister of Communications shall have charge and control of this Act, and shall have the power to appoint competent officials and to issue Ministerial Regulations fixing fees not exceeding the rates hereto annexed and determining other activities for the execution of this Act. Such Ministerial Regulations shall come into force upon publication in the Government Gazette. CHAPTER 1 Civil Aviation Board Section 7. There shall he a Civil Aviation Board consisting of the Minister of Communications as Chairman ex-officio, a Vice-Chairman and not more than seven other members appointed by the Council of Ministers. PAGENO="1121" AIR LAWS AND TREATIES OF THE WORLD 1115 Section 8. The Vice-Chairman and members of the Board shall hold office for a period of four years. The Vice-Chairman or members of the Board whose term of office has expired may be re-appointed as Vice- Chairman or members of the Board. Section 9. The Vice-Chairman and members of the Board ate relieved of their office before the expiration of the tei-m upon: (1) Death; (2) Resignation~ (3) Being retired by the Council of Ministers. In case where vacancy occurs before the expiration of the term, a Vice-Chairman or member of the Board shall he appointed in place, as the case may be; and the person so appointed shall hold office only for the unexpired portion of his predecessor's term of office. Section 10. When the Chairman of the Board is absent at any meeting, the Vice-Chairman shall perform the duty instead. Section 11. At every meeting of the Civil Aviation Board, the presence of not less than half of all members shall constitute a quorum. Section 12. All questions shall be decided by a majority of votes. Each member shall have one vote. In case of a tie, the person presi- ding at the meeting shall have another vote as the casting vote. Section 13. The Civil Aviation Board shall have the power to appoint Sub-Committees for performing any activities or examining or enquiring into any facts which are within the scope of powers and duties of the Civil Aviation Board. For the meeting of the Sub-Committee, Sections 11 and 12 shall apply, mutatis nuaandis. Section 14. The Chairman, Vice-Chairman and members of the Board shall receive remunerations as may he determined by the Council of Ministers. Section 15. The Civil Aviation Board shall have powers and duties as specified in this Act, and in the following matters: 67717 O-61--71 PAGENO="1122" 1116 AIR LAWS AND TREATIES OF THE WORLD (1) To take consultation and give advice concerning civil aviation to the Minister; (2) To issue regulations in compliance with the provisions 01 this Act and Annexes to the Convention; Such regulations shall come into force after the approval of the Minister and upon publication in the Government Gazette. (3) To consider and authorize the rates of fare and freight of transport aircraft, and service charges for air n;ivigation facilities, with the approval of the Minister. CHAPTER 2 General Provisions on Aircraft Section 16. No person shall fly any aircraft unless there are on hoard the following; (1) Certificate of registration; (2) Nationality and registration marks; (3) Certificate of airworthiness; (4) Journey log hook; (a) License of each member of the personnel; (6) License of radio communication apparatus, if it is equipped with radio communication apparatus. The provisions of this Section shall not apply to: (1) An aircraft under flight test subject to the conditions laid down by the competent official; (2) A foreign military aircraff, Section 17. No aircraft shall take~off from or land at any place other than a licensed aerodrome or a licensed temporary place for take- off and landing of aircraft or a place notified by the Minister. Section 18. An aircraft must fly along the air routes as deter- mined in the Ministerial Regulations. Section 19. An aircraft must comply with the Regulations of the Civil Aviation Boai d. PAGENO="1123" * AIR LAWS AND TREATIES OF THE WORLD 1117 Section 20. Transport aircraft passenger fares and freight charges must be collected at the rates approvel by the Civil Aviation Board. Section 21. The ovner of a.i~craft, operator, personnel and other persons on board an aircraft must, in the interest of safety, comply with the Regulations of the Civil Aviation Board. Section 22. No aircraft shall fly into or over the prohibited areas or restricted air navigation areas notified by the Minister in the Government Gazette. Section 23. No person shall, by any means whatsoever, use any photographic apparatus in or from any aircraft unless permission in writing has been obtained from the competent official. Section 24. No person shall control or release a pilotless aircraft, or drop a parachute unless permission in writing has been obtained ft orn the Minister, and the conditions determined by the Minister have been complied with. Section 25. No person shall send by, or carry in, any aircraft munitions of war according to the law on the control of munitions of war unless permission in writing has been obtained from the Minister, and the conditions determined by the Mini~ter have been complied with. Section 26. No person shall send by, or carry in, any aircraft dangerous objects or animals determined in the Minhtetial Regulations, which may endanger the safety of the aircraft or of the persons on hoard the aircraft unless permission in writing has been obtained from the competent official and the conditions determined by the competent official have been complied with. Section 27. No aircraft other [ban foreign aircraft shall fly out of the Kingdom unless permission in writing has been ol)tamed from the competent official. Section 28. No foreign aircraft shall fly over or takc~off or land in the Kingdom unless it has the right in accordance with the Convention or bilateral agreement or unless permission in writing has been obtained from the Minister. Section 29. No foreign military aircraft shall fly over or take - off or land in the Kingdom unless permission in writing has been obtained from the Minister. PAGENO="1124" 1118 AIR LAWS AND TREATIES OF THE WORLD CHAPTER 3 Registration and Marking of Aircraft Section 30. The application for registration and the registration of aircraft shall be in accordance with the rules determined in the Ministerial Regulations. Section 31. The applicant for registration of aircraft, whether being an ordinary person or juristic person, must have Thai nationality. If it is a partnership or limited company, it must be registered according to the Thai law, and must have its Head Office situated in the Kingdom, and (1) in case of an ordinary partnership, all partners must have Thai nationality; (2) in case of a limited partnership, all partners, who are jointly and unlimitedly liable, must have Thai nationality, and not less than seventy percent of the whole capital of the partnership must belong to persons of Thai nationality; (3) in case of a limited company, the majority of the directors must have Thai nationality, and not less than seventy percent of the whole capital of the company must belong to ordinary persons of Thai nationality, or belong to Ministries, Thahuangs and Departments of the Government, and such company must have no regulations permitting the issuance of shares in the forms of certificates to bearers. If it is an association, it must l)e registered according to Thai law, and must have its Head Office situated in the Kingdom, and its regulations have been approved by the Civil Aviation Board. Section 32. A certificate of registration of aircraft i~ invalidated, when (1) the ownership of the aircraft is changed; (2) the aircrafr comes under the possession of the person who lacks qualifications according to Section 31; (3) it appears that the ownership of the aircraft does not conform to tl~e statements given in the registration; PAGENO="1125" AIR LAWS AND TREATIES OF THE WORLD 1119 (4) the aircraft becomes so damaged that it is not fit for further use; (5) the certificate of airworthiness of the aircraft has expired for more than 6 months; (6) the aircraft has been lost for more than 3 months. In cases (2) to (5), the owner of the registered aircraft shall surrender such certificate of registration to the competent official without delay. Section 33. The marking of aircraft shall be in accordance with the Regulations of the Civil Aviation Board. CHAPTER 4 Airworthiness and Journey Log Books Section 34. The application for, and the issuance of the certificate of airworthiness, in connection with the prototype aircraft or the series aircraft, shall be in accordance with the rules determined in the Ministerial Regulations. Section 35. When the competent official considers that any aircraft should be inspected or modified, he shall have the power to order its owner to have that aircraft inspected or modified on the items and within a period of time prescribed by the competent official. Section 36. When the competent official considers that any aircraft is not safe, he shall have the power to order the suspension or the cancellation of the certificate of airworthiness of that aircraft. During the suspension of the certificate of airworthiness under the preceding paragraph, such aircraft is prohibited to fly unless permission in writing has been obtained from the competent official, and the conditipns determined by the ôompetent official have been complied with. Section 37. When ~be Civil Aviation Board considers'-that aircraft of any type is not safe, it shall have the power to order the suspension or the cancellation of the certificate of airworthiness of all aircraft of that type. PAGENO="1126" 1120 AIR LAWS AND TREATIES OF THE WORLD During the suspension of the certificate of airworthiness under the preceding paragraph, any aircraft of such type is prohibited to fly unless permission in writing has been obtained from the Civil Aviation Board, and the conditions determined by the Civil Aviation Board have been complied with. Section 38. Aircraft already provided with certificate of airworthi- ness shall he overhauled according to the Regulations of the Civil Aviation Board. Section 39. The certificate of airworthiness shall be valid for the period of time specified therein hut not exceeding one year as from the date of issue. Section 40. The certificate of airworthiness of any aircraft is invalidated in the following cases:- (1) When a modification or alteration which may affect the safety of that aircraft has been carried out without the approval of the competent official; (2) When that aircraft has sustained damage or is out of order which, in norin~d aeronautical engineering practice, cannot be repaired by the personnel; (3) When there is violation of, or failure to comply with, the order of the competent official given under Section 35; (4) When there is violation of Section 38. Section 41. The Journ~y log book shall he in accordance with the Regulations of the Civil Aviation Board.. CHAPTER 5 Personnel Section 42. No person sh~Al be personnel unless he has obtained permission from the competent official according to this Act, or has the Personnel license issued by any contiacting State to the Convention or by the State which has entered into an agieement with Thailand, provided that the personnel of the aircraft registered according to the Thai law obtain permission from the competent official according to this Act. PAGENO="1127" AIR LAWS AND TREATIES OF THE WORLD 1121 If the holder of the personnel license issued by any contracting State to the Convention or by the State which has entered into an agreement with Thailand, brings that license to be authorized by the competent official, he shall be regarded as having obtained permission from the competent official according~f~ this Act. Section 43. The application for, the issuance of and the autho- rization of personnel licenses shall be in accordance with the rules determined in the Ministerial Regulations. Section 44. A person applying for permission to be personnel must have the following qualifications: (1) having Thai nationality; (~) being of good conduct; (3) having the age, medical fitness, knowledge and experience as determined in the Regulations of the Civil Aviation Board. When there is necessity or special cause for any particular case, the Minister shall have the power to exempt the qualifications as determined in this Section. Section 45. The personnel has the right to perform functions as determined in the Regulations of the Civil Aviation Board. Section 46. The personnel license shall be valid for the period of time determined in the Ministerial Regulations. Section 47. When it is considered that any personnel has become deficient in the qualification under Section 44 (3) concerning the medical fitness, knowledge or experience, the competent official has the power to order that personnel to undergo a medical examination, theoretical exami- nation, or practical test. Section 48. When it appears that any personnel lacks qualifications under Section 44, or fails to comply with the order of the competent official according to Section 47, or violates the provisions of this Act, or is sentenced by a judgment to imprisonment according to other laws except for petty offences, offences having punishment on the level of petty or offences committed by negligence, the competent official has the power to order the suepension or the cancellation of the license of that personnel. PAGENO="1128" 1122 AIR LAWS AND TREATIES OF THE WORLD Section 49. The personnel must comply with the discipline deter- mined in the Regulations of the Civil Aviation Board. Section 50. No personnel on board any aircraft shall perform his duties whilst he is suffering from illness or receives injury which may impair his efficiency in performing those duties. If the illness or the suffering from the injury lasts from 14 days upwards, the personnel is prohibited to perform his duties until the physician designated by the cofl)peteflt official shall have examined and issued a certificate stating that personnel has recovered from the illness or the injury, and the competent official has permitted him to resume his duties. CHAPTER 6 Aerodromes and Air Navigation Facilities Section 51. No person shall establish an aerodronae or air navi~a- Mon facilities unless permission has been obtained from the competent official with the approval of the Minister. Section 52. The application for, and the issuance of license for establishing aerodrome or air navigation facilities shall be in accordance with the rules determined in the Ministerial Regulations. Section 53. No person shall establish any temporary place for take-off and landing of aircraft unless permission has been obtained from the competent official. The licenses under this Section must comply with the procedures and conditions stipulated by the competent official.. Section 54. When it appears that any licensee for establishing aerodrome, air navigation facilities or temporary place for take - off and landing of aircraft fails to comply with the Ministerial Regulations o~r-pro- cedures and conditions prescribed therefor by the competen~t official, the competent official shall have the power to order the suspension or the can- cellation of his license. Section 55. The Minister shall have the power to issue a notification determining any place, on land or water, as licensed aerodrome or temporary place for take - off and landing of aircraft. PAGENO="1129" AIR LAWS AND TREATIES OF THE WORLD 1123 Section 56. The fee for landing and take - off and the fee for storage of aircraft at a licensed aerodrome or temporary place for take - off and landing of aircraft shall be charged at the rates prescribed in the Regulations of the Civil Aviation Board, which must not exceed the rates at the end of this Act. Section 57. The service charges for air navigation facilities may he charged at the rates approved by the Civil Aviation Board. Section 58. The Minister shall have the power to designate in the Government Gazette the area adjoining the aerodrome or the site of air navigation facilities as safety zone of air navigation. Section 59. Within the safety zone of air navigation under Section 58, no person shall construct ,or modify buildings or other structures, or plant trees unless permission in writing has been obtained from the competent official. In granting permission under this Section, the competent official may determine any conditions as he thinks fit. Section 60. If it appears that there is violation of Section 59 paragraph 1 or violation of conditions under Section 59 paragraph 2, the competent official shall have the power to order in writing the violator to demolish the buildings or structures or to cut down or remove the trees within a determined period of time. In case where there is violation of the order of the competent official under the preceding paragraph, the competent official shall have the power to take measures in demolishing the buildings or structures or cutting down or removing the trees. The expenses incurred for this purpose shall be reimbursed by the violater. CHAPTER 7 Accidents Section 61. When any accident occurs to any aircraft in the Kingdom or to a Thai aircraft in a foreign country, the owner in case of Thai aircraft, or agent of the owner in ease of foreign aircraft, shall inform the competent official of such accident without delay, and make a report as prescribed in the Regulations of the Civil Aviation Board, PAGENO="1130" 1124 AIR LAWS AND TREATIES OF THE WORLD Section 62. When any accident occurs to any aircraft in the Kingdom, the aircraft shall be under the custody of the competent official, and no person shall do anything to the aircraft or parts thereof without obtaining permission from the competent official, the administiative or police official, except in case of necessity to (1) save persons, mails and animals from dangers; (2) protect the aircraft from damage by fire or by any other cause; (3) prevent dangers to the public; (4) remove the aircraft or parts thereof so as not to become obstruction to air navigation or to other transport; (5) remove the aircraft or parts thereof to a place of safety when the aircraft is wrecked on the water, or (6) remove things or merchandj~e to save them from dangers, and it shall, in this case, he done under the supervision of the competent official, the administrative or police official. Section 63. The Minister shall have the power to appoint a Committee of Inquiry for conducting an inquiry into any matter connected with the accident of aircraft in the Kingdom. Section 64. The Committee of Inquiry appointed under Section 63 shall have the following powers: (1) To enter any land, house, building or structure where the aircraft or parts thereof, meeting with accident, fall or appear; (2) To order any person to come to give statements or send docu- ments or any objects which are evidence in connection with the aircraft meeting with accident. CHAPTER 8 Power to InspecL to Seize and to Delay Section 65. The competent official shall have the power to demand for inspection the documents under Section 16, and if it appears that there is violation of the provisions of this Act concerning any document, the competent official shall have the power to seize such documents for further proceedings. PAGENO="1131" AIR LAWS AND TREATIES OF THE WORLD 1125 Section 66. For the execution of this Act, the competent official shall have the power: (1) to enter any premises of the licensed aerodrome, the temporary place for take-off and landing of aircraft or the place on which the air navigation facilities are established; (2) to enter, during working hours, any works or premises in which aircraft or parts thereof are being manufactured, assembled, repaired, or are being inspected and overhauled, and to inspect and examine such work as well as parts thereof, and the drawings relating thereto; (3) to get on board, inspect and search any aircraft which, he has reason to believe, contains prohibited goods or goods which are restricted under this Act or any other laws, or goods which have b2en imported into, or are being exported out of, the Kingdom as evading customs duties; (4) to inspect any aircraft already provided with certificate of airworthiness, from tiuae to time as he may deem fit; (5) to enter and inspect any place where aircraft is stored; (6) to seize prohibited goods or goods which are restricted under this Act or any other laws, or goods which have been imported into, or are being exported out of, the Kingdom as evading customs duties. Section 67. When there is violation of the provisions of this Act relating to any aircraft, the competent official shall have the power to delay the departure of the aircraft. CHAPTER 9 Penalties Section 68. Whoever violates Section 16 or Section 62 shall he punished with fine not exceeding four thousand haht or imprisonment not exceeding six months, or both. Section 69. Whoever, being the person in charge of an aircraft, violates Section 17, Section 18 or Secetion 19 shall be punished ~ith fine not exceeding two thousand baht or imprisonment not exceeding three months, or both. PAGENO="1132" 1126 AIR LAWS AND TREATIES OF THE WORLD Section 70. Whoever, being the owner of an aircraft, violates Section 20, Section 32 last paragraph or Section 33 shall be punished with fine not exceeding two thousand baht. Section 71. Whoever violates Section 21 shall be punished with fine not exceeding three thousand baht. Section 72. Whoever, being the person in charge of an aircraft, violates Section 22 or Section 27 shall be punished with fine not exceeding five thousand baht or imprisonment not exceeding two years, or both. Section 73. Whoever violates Section 23 shall be punished with fine not exceeding one thousand baht or imprisonment not exceeding one month, or both. Section 74. Whoever violates Section 24 shall be punished with fine not exceeding ten thousand baht or imprisonment not exceeding five years, or both. Section 75. Whoever violates Section 25, Section 26 or Section 42 shall be punished with fine not exceeding five thousand baht or imprisonment not exceeding two years, or both. Section 76. Whoever, being the person in charge of a foreign aircraft or a foreign millitary aircraft, violates Section 28 or Section 29, as the case may be, shall be punished with fine not exceeding five thousand baht or imprisonment not exceeding two years, or both. Section 77. Whoever, being the person in charge of an aircraft, violates Section 36 paragraph 2 or Section 37 peragraph 2 shall be punished with fine not exceeding two thousand baht or imprisonment not exceeding three months, or both. Section 78. Whoever, being the personnel, violates Section 49 or Section 50 shall he punished with fine not exceeding one thousand baht. Section 79. Whoever violates Section 51 or Section 53, or violates the stipulations of the competent official under Section 53 paragraph 2 shall be punished with fine not exceeding five thousand baht or imprisonment not exceeding two years, or both. PAGENO="1133" AIR LAWS AND TREATIES OF THE WORLD 1127 Section 80. Whoever, being the owner of a licensed aerodrome or a temporary place for take-off and landing of aircraft, violates Section 56 shall be punished with fine not exceeding five thousand baht. Section 81. Whoever, being the owner of air navigation facilities violates Section 57 shall he punished with fine not exceeding two thousand haht. Section 82. Whoever, being the owner in case of Thai aircraft, or the agent of the owner in case of foreign aircraft, violates Section 61 shall be punished with fine not exceeding five thousand baht. Section 83. Whoever obstructs the performance of the Committee of Inquiry under Section 64 (1), or fails to comply with the order of the Committee of Inquiry under Section 64 (2), shall be punished with fine not exceeding two thousand baht or imprisonment not exceeding three months, or both. Section 84. Regarding the offences under this Act for which the punishment is fine only, the competent official shall have the power to settle the case. PAGENO="1134" 1128 AIR LAWS AND TREATIES OF THE WORLD Rates of Fees 1. Certificate of registration of aircraft 1,000 haht. 2. Personnel license or the authorization of personnel license issued by any contracting State to the Convention or by the State entering into an agreement with Thailand 300 baht. 3. Certificate of airworthiness (1) for prototype aircraft manufactured in the Kingdom 10,000 baht. (2) for series aircraft manufactured in the Kingdom 3,000 baht. (3) for aircraft imported into the Kingdom 5,000 baht. 4. License for establishing aerodrome 2,000 baht. 5. License for establishing air navigation facilities 1,000 baht. 6. License for establishing temporary place for take - off and landing of aircraft 500 haht. 7. Substitute of license or certificate 20 haht. 8. Fee for landing and take -off of aircraft, each time 6,000 baht. 9. Fee for storage of aircraft, per day 2,000 baht. Published in the Government Gazette of September 14, 2497 (1954) and came into force on December 13, 2497 PAGENO="1135" UNION OF SOUTH AFRICA AVIATION ACT, 19Z3 (ACTNO. 160F 1923) J. 129 PAGENO="1136" 1130 Am LAWS AND TREATIES OF THE WORLD Act No. 16 of 1923. (Date of commencement-lst July, 1924) 1 ACT To enable effect to be given to the International Convention for regulating air navigation, and to make provision for the control, regulation and en- couragement of flying within the Union and for other purposes incidental thereto. (Assented to 21st May, 1923) (Signed by the Governor-General in English) BE IT ENACTED by the King's Most Excellent Majesty, the Sen- ate and the House of Assembly of the Union of South Africa, as follows: ADOPTION OF INTERNATIONAL AIR CONVENTION 1. The International Convention for determining, by a common `agreement between the Powers and States signatory to that Conven- tion, certain uniform rules with respect to International Air Naviga- tion, is, together with the additional protocol to that Convention, hereby adoped. The terms of the Convention and additional protocol thereto, are set out in the Schedule to this Act. POWER TO CARRY OUT AND APPLY CONVENTION 2. The Governor-General may- (a) issue such proclamations as appear to him necessary for carrying out the Convention, and for giving effect thereto or to any of the provisions thereof; (b) do all things necessary to ratify or cause to be ratified on behalf of the Union of South Africa, any amendments of or additions to the Convention which may from time to time be made and, by proclamation in the Gazette, declare that the amendments or additions so ratified shall be observed and have the force and effect of law in the Union: P~'ovided that copies of any amendments or additions so ratified or proclaimed shall be laid upon the Tables of both Houses of Parliament within fourteen days after their publication in the Gazette if Parliament is then in session or, if Parliament is not then in session, within fourteen days after the commencement of its next ensuing ses- sion; (c) by proclamation in the Gazette, declare that any of the provisions of the Convention shall, with such modifications or adaptations and such consequential and supplementary provisions as may be necessary or expedient, apply also to air navigation within the limits of the Union. 1 See Proclamation No. 140, published in Government Gazette of 27th June, 1924, supplement. PAGENO="1137" AIR LAWS AND TREATIES OF THE WORLD 1131 Regulatioiw 3. (1) The Governor-General may make regulations relating to all or any of the following matters or things, namely- (a) the carrying out of, and giving effect to, the provisions of the Convention; (b) the safety and security of persons and property and the prohibition of flying at such heights or in such manner as is deemed to be dangerous to life and property; (c) the licensing, inspection, and regulation of aerodromes or other places set apart for the use of aircraft; the scales of charges at licensed aerodromes or at aerodromes established and main- tained under the powers of section six; the licensing or certificat- ing of persons employed at aerodromes in the inspection or super- vision of aircraft; the registers and records to be kept at such aerodromes and the manner in which they shall be kept; prohibit- ing or regulating the use of unlicensed aerodromes; access to aerodromes and places where aircraft have landed and access to aircraft factories for the purpose of inspecting the work therein carried on; (d) the manner and conditions of the issue and renewal of any certificate or license required under this Act or under the Con- vention, including the examination and tests to be undergone and the form, custody, production, cancellation, suspension, endorse- ment and surrender of any such certificate or license; (e) the keeping and form of the register of union aircraft; (f) the conditions under which aircraft may pass, or goods or passengers may be conveyed by aircraft into, within or from the Union; (g) the areas within which, or the aerodromes at which, air- craft coming from any place outside the Union shall land, and the areas within which or the aerodromes from which aircraft shall depart to any place outside the Union; (h) the exemption from any of the provisions of this Act or of the Convention, of aircraft flown for experimental purposes, or any other aircraft, or any persons, where it appears unneces- sary that such provisions should apply; (i) the fees to be paid in respect of the grant of any certificate or license or otherwise for the purposes of this Act, or of the Convention; (j) the control of aerial lighthouses and lights at or in the neighbourhood of aerodromes and aerial lighthouses; (k) the signals which may be made by aircraft and persons carried therein; (1) measures for preventing aircraft flying over prohibited areas or entering or leaving the Union in contravention of any provision of this Act; (m) the prevention of nuisances arising out of air navigation or aircraft factories, aerodromes, or other aircraft establishments; (n) the persons by whom accidents shall be notified, the pro- cedure to be followed in notifying accidents and in holding acci- dent enquiries; 67717 O-~1----172 PAGENO="1138" 1132 AIR LAWS AND TREATIES OF THE WORLD (o) prohibiting, pending investigation, access to or interference with aircraft to which an accident has occurred, and authorizing any person, so far as may be necessary for the purposes of an investigation, to have access to, examine, remove, take measures for the preservation of, or otherwise deal with, any such aircraft; (p) authorizing or requiring the cancellation, suspension, en- dorsement, or surrender of any license or certificate granted under this Act where it appears on an investigation that the license ought to be cancelled, suspended, endorsed, or surrendered, and authorizing or requiring the production of any such license for the purpose of being dealt with, and generally for the better carrying out of the objects and purposes of this Act, the generality of this provision not being limited by the particular matters provided in the preceding paragraphs of this sub-section. (2) Any regulations made under this Act may prescribe penalties for the contravention thereof or failure to comply therewith and the mode of enforcing such penalties, and may also impose different penalties in case of a second or subsequent contravention or non- compliance, but no such penalty shall exceed the penalties mentioned in section sixteen. APPOINTMENT AND FUNCTIONS OF CIVIL AIR BOARD 4. (1) The Governor-General may appoint a civil air board con- sisting of not more than seven persons, designate the chairman thereof, and make regulations for the conduct of the business of the board and other matters relating thereto. (2) The board shall act in an advisory capacity and advise the Minister as to- (a) regulations to be made under this Act; (b) matters arising out of the application to the Union of the Convention and the rules made under the Convention; (c) the encouragement and development of flying in the Union; (d) proposals for the establishment of aerial goods, mail and passenger services within the Union and between the Union and adjoining territories; and as to such other matters connected with flying and aeronautics as may be referred to the board by the Minister. SPECIAL POWERS IN CASE OF EMERGENCY 5. (1) In time of war, whether iminent or actual, or within six months after a state of war has ceased to exist, or in time of great national emergency, the Governor-General may- (a) by proclamation in the Gazette, declare that the Union or any portion of the Union including the territorial waters thereof, shall be a restricted area for the purpose of this section; (b) issue orders and instructions in respect of any restricted area or part thereof- (i) regulating, restricting or prohibiting the navigation of all or any description of aircraft; (ii) providing for taking possession of and using for the purposes of the Union Defence Forces or other His Majesty's PAGENO="1139" AIR LAWS AND TREATIES OF THE WORLD 1133 Forces, any aerodrome or landing ground, or any aircraft, machinery, plant, material or things found therein or thereon, subject to the payment of compensation in like manner as if the possession and use had been taken under powers con- ferred by the South African Defence Act, 1912; (iii) regulating, restricting or prohibiting the use, erec- tion, building, maintenance or establishment of any aero- drome, flying school, or landing ground, or any class or description thereof; (c) assign to any person in respect of any restricted area any of the powers set forth in paragraph (b) of this sub-section. (2) Any person to whom is assigned the duty of carrying out and giving effect to orders and instructions issued under this section, is hereby empowered to take all steps which are reasonable and necessary to secure compliance therewith, and no action for damages or com- pensation shall lie against the Government or any such person for any loss or damage sustained on account of such steps having been taken, nor, save as is otherwise in this section provided, shall any compensation be payable by reason of the operation of any order or instruction made under this section. (3) Any person who refuses or, without good and proper cause, fails to comply with any order or instruction made or given under or by virtue of this section, or who obstructs any person charged with the duty of carrying out and giving effect to any such order or in- struction, shall be guilty of an offence and liable on conviction to a fine not exceeding five hundred pounds, or to imprisonment for one year without the option of a fine or to both such fine and imprisonment. ESTABLISHMENT AND MAINTENANCE OF AERODROMES BY GOVERNMENT 6. The Governor-General may, out of moneys to be appropriated by Parliament for the purpose, establish and maintain aerodromes and provide and maintain rOads and approaches thereto, and apparatus and equipment therefor; and may for the purpose acquire land, and interests in and rights to and over land. The provisions of section eighty-seven of Act No. 13 of 1912 shall, if necessary, apply as if the acquisition were for defence purposes. LICENSING AND REGISTRATION OF AERODROMES 7. (1) No place or building shall `be used as a public aerodrome un- less it has been registered and licensed under this Act, or approved by a duly prescribed authority. (2) For the purpose of this section, "public aerodrome" means any aerodrome at which charges are levied for the landing or housing of aircraft, or at which aircraft carrying passengers or goods for hire, land or depart. (3) There shall be kept at every licensed aerodrome a copy of this Act, the rules made under the `Convention and all regulations for the time being in force in the Union, and any person may, on application to the person in charge of the aerodrome, inspect such copy, free of charge at all reasonable times. PAGENO="1140" 1134 AIR LAWS AND TREATIES OF THE WORLD PERMISSION TO USE PROCLAIMED LAND OR LAND HELD UNDER MINING TITLE FOR AERODROMES 8. Notwithstanding anything contained in Chapter IX of the Pre- cious and Base Metals Act., 1908 (Transvaal) or any other law, the Governor-General may use or permit the use of ground held under mining title, or of open proclaimed land, for the erection of aero- dromes or for landing places for aircraft: Provided that such use is not, in the opinion of the Government. Mining Engineer, likely to in- terfere with actual mining operations or purposes incidental thereto. TRESPASS, NUISANCE, AND RESPONSIBILITY FOR DAMAGE 9. (1) No action shall lie in respect of trespass or in respect of nui- sance, by reason only of the flight of aircraft over any property at a height, which, having regard to wind, weather and all the circum- stances of the case, is reasonable, or the ordinary incidents of such flight, so long as the provisions of this Act and of the Convention are duly complied with; but where material damage or loss is caused by an aircraft in flight, taking off, or landing, or by any person in any such aircraft, or by any article fa.lling from any such aircraft, to any person or property on land or water, damages may be recovered from the owner of the aircraft in respect of such damage or loss, without proof of negligence or intention or other cause of action, as though the same had been caused by his wilful act, neglect or default, except where the damage or loss was caused by or contributed to by the negli- gence or wilful act of the person by whom the same was suffered: Provided that where any damages recovered from or paid by the owner of an aircraft under this section arose from damage or loss caused solely by the wrongful or negligent action or omission of any person ot.her than the owner or some person in his employment, the owner shall be entitled to recover from that person the amount of such damages, and in any such proceedings against the owner, the owner may, on making such application t.o the court and on giving such security as to costs as may be prescribed by rules of court, join any such person as aforesaid as a defenda.nt, but where such person. is not so joined lie shall not in any subsequent proceedings ta.ken against him by the owner be precluded from disputing the reasonableness of any damages recovered from or paid by the owner. (2) Where any aircraft has been bona fide leased or hired out for a period exceeding fourteen days to a.ny other person by t.he owner thereof, and no pilot, commander, navigator, or operative member of the crew of the aircraft is in the employment of the owner, this sec- tion shall have effect as though for references to the owner, there were substituted references to the person to whom the aircraft~has been. ~o leased or hired out. INVESTIGATION OF ACCIDENTS 10. (1) In the event of any accident arising out of or in the course of air navigation and occurring in or over the Union or the territorial waters thereof, or in the case of Union aircraft w-heresoever they may be, the Minister may appoint one or more persons as a board of in- quiry, known as a.n accident inquiry board, to make an investigation PAGENO="1141" AIR LAWS AND TREATIES OF THE WORLD 1135 into the cause of and responsibility for the accident and report to him thereon. (2) The accident inquiry board shall, if the accident occurred within the Union, have power to summon and examine witnesses on oath and to call for the production and grant inspection of books, logs, certificates, licences and other documents. The laws and rules governing the magistrates' courts of the Union shall mutatis mutandis apply to procuring the attendance of witnesses, their examination, the production of books and documents, and the like, and for that pur- pose the person appointed to hold the inquiry or the chairman of the accident inquiry board shall have power to sign such documents as may be necessary for the purpose of the inquiry, in the same manner as the magistrate or the clerk of the court has power to do under the rules of the magistrates' court. Any process to be served for purposes of such an inquiry shall be served by the messenger of the magistrate's court of the district in which the person upon whom service is to be made resides. (3) Nothing in this section contained shall be construed as affect- ing the powers or duties conferred upon magistrates or justices of the peace by the Inquests Act, 1919; but where an accident involving loss of life is enquired into under this section by a magistrate or by a board of which a magistrate is a member, the enquiry, held under this Act may be a joint enquiry of the board and inquest of the magistrate. POSTAL AND WIRELESS PROVISIONS 11. (1) No mails shall be carried by any aircraft without the con- sent in writing of the Postmaster-General and all provisions con- tained in any Act or in any regulations made thereunder with regard to the despatching, conveying, and delivering of mails and all in- cidental services relating thereto shall, with such modifications and adaptations and such consequential and supplementary provisions as may by the Governor-General be declared by proclamation in the Gazette to be expedient and necessary, apply to the despatching, con- veying and delivering of mails by aircraft. (2) No radio-telegraphic or other system of telegraphic or tele- phonic communication shall be installed, maintained or operated in any aircraft, or at any aerodrorne or landing ground, except by the Postmaster-General or under and in accordance with licences or other authorizations in respect of either or both personnel and apparatus granted or recognized by the Postmaster-General. CUSTOMS PROVISIONS 12. (1) The provisions of the Customs Management Act, 1913, and of any other law- (a) prohibiting or restricting the importation into or exporta- tion from the Union of any goods or property and penalising any contravention thereof; (b) imposing any duty upon the importation or exportation of any goods or property, penalising any contravention thereof, and providing means for the collection and payment of such duty, shall, with the necessary modifications, apply to the importation or PAGENO="1142" 1136 AIR LAWS AND TREATIES OF THE WORLD exportation or attempted inmportation or exportation of such goods or property by aircraft. (2) The Governor-General may, by proclamation in the Gazette, declare that any of the remaining provisions of the laws mentioned in sub-section (1) of this section and any provisions of any other law relating to customs or to the collection of customs duties now or here- after in force shall, with the necessary modifications and with such consequential and supplementary provisions as appear necessary or expedient for the purpose, be applicable to the importation or ex- portation or attempted importation or exportation of goods or prop- erty by aircraft. PROVISIONS RELATING TO IMMIGRATION 13. (1) Notwithstanding anything in this Act contained, the pro- visions of the Immigrants' Regulation Act, 1913, and any amendment thereof, and of the regulations made thereunder relating to the ad- mission of persons into the Union or any province by sea or land shall, with the necessary modifications, apply to any persons seeking to enter by aircraft. (2) For the purpose of this section, the expression "port" or "port of entry" in the Immigrants' Regulation Act, 1913, or any amendment thereof, means and includes any place within the Union at which an aircraft coming from outside the borders of the Union lands. INFRINGEMENT OF PATENTS 14. (1) Where it is alleged by any person interested that a foreign aircraft making a passage through or over the Union infringes in itself or in any part of it any invention, design or model which is entitled to protection in the Union, any provincial or local division of the Supreme Court having jurisdiction may (pending action to be brought) order the detention of such aircraft until the owner thereof deposits or secures in respect of the alleged infringement a sum (in this section called the deposited sum), and upon such order being com- plied with, the aircraft shall not, during the continuance or in the course of the passage, be subject to further detention in respect of the same cause of action. (2) The deposited sum shall be such a sum as may be agreed be- tween the parties interested, or in default of agreement shall be fixed by the court, and payment thereof shall be made or secured to the ap- plicant in such manner as the parties may agree or the court may di- rect. In giving judgment in the action so to be brought by the claim- ant, the court shall grant an order as to the disposal of the deposited sum. (3) For the purposes of this section, the expression "owner" in- cludes the actual owner of an aircraft, and any person claiming through or under him, and the expression "passage" includes all land- ings and stoppages in the course or the purpose of a flight. DETENTION OF AIRCRAFT 15. (1) If the owner, pilot or person in charge of any aircraft com- mits any offence under this Act, or if reasonable suspicion exists that PAGENO="1143" AIR LAWS AND TREATIES OF THE WORLD 1137 such an offence has been committed, or attempted, or is about to be committed or attempted, any commissioned officer of the Union De- fence Forces or of the South African Police or any officer of customs may, pending the trial of the charge, detain the aircraft from or in respect of which the offence was committed. Any person who, know- ing of such detention, removes, or causes to be removed any aircraft so detained, shall be liable on conviction to a fine not exceeding two hundred pounds or to imprisonment for a period not exceeding twelve months without the option of a fine or to both such fine and imprisonment: Provided that where recognisances are entered into or security deposited to the satisfaction of the authority having power to demand and receive the same, that authority may, if satisfied that the ends of justice will not thereby be prejudiced, order the release of the aircraft from further detention. (2) No officer of the customs authorized to grant clearance to any aircraft shall grant clearance to any aircraft while detained under the provisions of this section. PENALTIES 16. (1) Any person who is guilty of a contravention of or an offence under this Act or the Convention, or who fails to comply with any provisions of this Act or of the Convention, or of the rules made un- der that Convention, with which it is his duty to comply, shall, except where another penalty is specially provided, be liable on con- viction to a fine not exceeding two hundred pounds or to imprisonment without the option of a fine for a period not exceeding six months or to both such imprisonment and fine. (2) This section shall apply equally to the owner of an aircraft and to the pilot or person in charge thereof, unless the owner proves to the satisfaction of the court that the said contravention, offence or failure to comply, occurred without his order, permission or connivance. (3) The penalties provided in this Act shall be in addition to and not in substitution for any penalties imposed under any customs law or regulation, now or hereafter in force, relating to the importation or exportation of goods, and to persons entering or leaving the Union by aircraft. JURISDICTION 17. Any offence under this Act and any offence committed on a Union aircraft shall, for purposes in relation to jurisdiction of a court to try the offence, be deemed to have been committed in any place where the accused happens to be. APPLICATION OP ACT 18. (1) The provisions of this Act and of the Convention shall, except where expressly excluded under this Act or by proclamation or regulation, apply to all aircraft whilst in or over any part of the Union or the territorial waters thereof. (2) This Act shall not apply to aircraft or aerodromes belonging to, or for the time being in use exclusively by, the Union or other His Majesty's Forces or to aircraft or aerodromes belonging to or in the PAGENO="1144" 1138 AIR LAWS AND TREATIES OF THE WORLD service of any of His Majesty's Governments while used exclusively for naval, military or other Government purposes. Provided that. the Governor-General may, by proclamation in the Gazette, apply to any such aircraft of aerodromes, with or without modification, any of the provisions of this Act or of the Convention. EXPENSES IN ADMINISTERING ACT 19. Any expenditure incurred in connection with the administra- tion of this Act and the carrying out and giving effect to the provisions of the Convention, shall be defrayed out of moneys specifically appro- priated by Parliament for the purpose. Such moneys shall, subject to the provisions of the Act under which they are appropriated, be ex- pended in such manner as the Minister may determine. INTERPRETATION OF TERMS 20. In this Act, unless inconsistent with the context- "aerodrome" means any definite and limited ground or water area or any building used or intended to be used either wholly or in part, for the landing or departure of aircraft; "aircraft" means and includes all flying machines, aeroplanes, seaplanes, flying boats, and other aircraft designed to be heavier than air, also all airships and balloons or other aircraft designed to be lighter than air; "Convention" means the International Convention for the Reg- ulation of Aerial Navigation signed at Paris on the thirteenth day of October, one thousand nine hundred and nineteen, and includes the additional protocol thereto and a.ny additions to or amend- ments of the said International Convention ratified and pro- claimed under the authority of section two (b) of this Act; "Minister" means the Minister to whom the Governor-General may from time to time assign the administration of this Act, or any other Minister acting for him in his absence; "owner" except where otherwise specially defined, means in relation to an aircraft or aerodrome the person in whose name the aircraft or aerodrome is registered, and includes any person who is or has been acting as agent in the Union for a foreign owner, or any person by whom the aircraft or aerodrome is hired at the time; "prescribed" means prescribed by or under this Act or by or under any proclamation or regulation; "proclamation" means any proclamation made and in force under this Act; "regulation" means any regulation made and in force under this Act; "this Act" includes any regulations; "Union" includes the mandatory territory of South-West Africa; "Union aircraft" means an aircraft registered in the Union. PAGENO="1145" AIR LAWS AND TREATIES OF THE WORLD 1139 SHORT TITLE AND COMMENCEMENT OF ACT This Act may be cited for all purposes as the Aviation Act, 1923, and shall commence and come into operation on a date to be fixed by the Governor-General by proclamation in the Gazette. UNION OF SOUTH AFRICA. ACT TO Give effeèt to a Convention for the unification of certain rules relating to international carriage by air; to make provision for applying the rules contained in the said Convention, subject to exceptions, adapta- tions and modifications, to carriage by air which is not international carriage within the meaning of the Convention; and for matters incidental thereto. Act No. 17, 1946. ACT To give effect to a Convention for the unification of cer- tain rules relating to international carriage by air; to make provision for applying the rules contained in the said Convention, subject to exceptions, adapta- tions and modification, to carriage by air which is not international carriage within the meaning of the Con- vention; and for matters incidental thereto. (A/rikaan~ Text signed by the Governor General.) (Assented to 8th May, 1948.) BE IT ENACTED by the King's Most Excellent Majesty, the Senate and the House of Assembly of the Union of South Africa, as follows :- 1. In this Act, "Union" includes the Mandated Tern- Definition. tory of South-West Africa and the port and settlement of Walvis Bay. 2. (1) The International Convention for the unifica- Ratification of tion of certain rules relating to international carriage by have force air, signed at Warsaw on the twelfth day of October, 1929 (hereinafter referred to as the Convention), is hereby ratified and confirmed. (2) A translation of the Convention is set out in the Schedule to this Act. 3. (1) The provisions of the Convention shall so far Provisions of Convention to as they relate to the rights and liabilities of carriers, pas- have-force sengers, conisgnors, consignees and other persons, and of law. sub]ect to the provisions of this Act, have the force of PAGENO="1146" 1140 AIR LAWS AND TREATIES OF THE WORLD law in the Union in relation to any carriage by air to which the Convention applies, irrespective of the na- tionality of the aircraft performing the carriage. (2) The Governor-General may from time to time by proclamation in the Gazette declare who are the High Contracting Parties to the Convention, in respect of what territories they are respectively parties and to what ex- tent they have availed themselves of the provisions of the Additional Protocol to the Convention, and any such proclamation shall, except in so far as it has been varied or superseded by a subsequent proclamation, be conclu- sive evidence of the matters so declared. (3) Any reference in the said Schedule to the terri- tory of any High Contracting Party to the Convention shall be construed as a reference to the territories sub- ject to his sovereignty, suzerainty, mandate or authority, in respect of which he is a party. (4) Not more than one action shall be brought in the Union to enforce liability under Article seventeen of the said Schedule. in respect of the death of any one pas- senger, and every such action, by whomsoever brought, shall be for the benefit of all such persons entitled to sue for damages in respect of the death of that passenger as either are domiciled in the Union or, if not so domiciled, have indicated their desire to take the benefit of the action. (5) Subject to the provisions of sub-section (6) th~ amount recovered in any such action shall be divided between the successful claimants in such manner as the court may deem just. (6) The court in which any such action is brought may, at any stage of the proceedings- (i) issue a rule calling upon interested parties to join in the action within a specified period; (ii) make such order as appears to the court to be just and equitable in view of the provisions of the said Schedule limiting the liability of a carrier and of any proceedings which have been or are likely to be commenced outside the Union in respect of the death of the passenger in ques- tion. (7) Any sum in francs mentioned in Article twenty- two of the said Schedule shall, for the purposes of any action against a carrier, be converted into Union cur- rency at the rate of exchange prevailing on the date on which the amount of any damages to be paid by the carrier is ascertained by the court. Provisions as 4. Every High Contracting Party to the Convention against High who has n~ot availed himself of the provisions of the Ad- s ditional ProtocOl thereto shall, for the purposes of any undertake `iction brought in a court in the TJnion in accordance carriage by air. . . . . with the provisions of Article twenty-eight of the Sched- iile to this Act, to enforce a claim in respect of carriage PAGENO="1147" AIR LAWS AND TREATIES OF THE WORLD 1141 undertaken by him, be deemed to have submitted to the jurisdiction of that court: Provided that nothing in this section shall authorize the issue of execution against the property of any High Contracting Party. 5. (1) The Governor-General may do all things neces- sary to ratify or cause to be ratified on behalf of the and. additions Union any amendments of or additions to the Conven- to Convention. tion which may from time to time be made, and by proclamation in the Gazette declare that the amendments or additions so ratified shall be observed and have the force of law in the Union: Provided that copies of any amendments or additions so ratified or proclaimed shall be laid upon the Tables of both Houses of Parliament within fourteen days after their publication in the Gazette if Parliament be then in session or, if Parlia- ment be not then in session, within fourteen days after the commencement of its next ensuing ordinary session. (2) For the purposes of this Act, any amendments or additions so ratified and proclaimed shall be deemed to be incorporated in the Schedule to this Act. 6. The Governor-General may, by Proclamation in the Gazette apply any of the provisions of the Schedule anti ~opvention to this Act and any provision of section three to such ~ carriage by air, not being international carriage by air ~f as defined in the said Schedule, as may be specified in the proclamation, subject to such exceptions, adaptations and modifications, if any, as may be so specified. 7. Rules of court may be made in the manner provided Rules of court. in section twenty-four of the Administration of Justice Act, 1912 (Act No. 27 of 1912), as to- (a) the manner in which any action to enforce liability under Article seventeen of the Schedule to this Act, or under the provisions of that Article as applied under section six, is to be commenced and carried out, and the intervention by and addition of any party to any such action; and (b) the manner in which any action under the said Schedule against any High Contracting Party is to be commenced and carried out. 8. The Governor-General may make regulations pre- Regulations. scribing the procedure to be followed by a carrier in con- nection with the payment, before action has been brought, of claims under Article seventeen of the Schedule to this Act, in respect of the death of any passenger, and all other matter s which he considers necessary or expedient. to prescribe in order that the pur- poses of this Act may be achieved. 9. This Act shall be called the Carriage by Air Act, Short title. 1946, and shall come into operation on a date to be fixed by the Governor-General by proclamation in the Gazette. PAGENO="1148" PAGENO="1149" ACT TO Give effect to certain Agreements relating to Interna. tional Civil Aviation drawn up at Chicago on the * seventh day of December, 1944, and to amend the Aviation Act, 1923. Act No. 41, 1946. 1143 PAGENO="1150" 1144 AIR LAWS AND TREATIES OF THE WORLD ACT To give effect to certain Agreements relating to Interna- tional Civil Aviation drawn up at Chicago on the seventh day of December, 1944, and to amend the Aviation Act, 1923. (Afrikaans Text signed by the Governor-General.) (Assented to 14th June, 1946.) ~E IT ENACTED by the King's Most Excellent Majesty, the 1) Senate and the House of Assembly of the Union of South Africa, as follows :- Defi.eitioue. 1. (1) In this Act and in the Aviation Act, 1923 (hereinafter referred to as the principal Act)- "the Interim Agreement" means the Interim Agreement on International Civil Aviation drawn up at Chicago on the seventh day of December, 1944; "the Transit Agreement" means the International Air Services Transit Agreement drawn up at Chicago on the seventh day of December, 1944. (2) Any reference in the principal Act to "the Convention" shall be deemed to include a reference to the Interim Agreement and to the Transit Agreement, together with any additions to or amendments of either of those agreements ratified and proclaimed under the authority of paragraph (b) of section two of the principal Act, which shall be construed accordingly. Adoption of 2. (1) The Interim Agreement on International Civil Aviation certain inter- and the International Air Services Transit Agreement, both ~ drawn up at Chicago on the seventh day of December, 1944, and accepted by the Government of the Union as obligations binding upon it, are hereby adopted. (2) The terms of the Interim Agreement and of the Transit Agreement are set forth in the First and Second Schedules respectively, to this Act. Amendment of 3. (1) Section three of the principal Act is hereby amended iection 3 of by the insertion in sub-section (1)- Act 16 of 1923. (a) of the following new paragraph after paragraph (f): "(f)bis. the conditions (including provision for com- pulsory insurance against claims arising out of the death of or injury to passengers or crew, or loss of or damage to goods transported) which shall be complied with by any air carrier or by any parti- cular class of air carrier in or in connection with the operation of a commercial air service or of a particular class of commercial air service, within the Union; " (b) of the following new paragraph after paragraph (i): (i)bis. prohibiting or regulating the erection or the coming into existence of any obstruction exceeding PAGENO="1151" AIR LAWS AND TREATIES OF THE WORLD 1145 a prescribed height within a prescribed distance from any aerodrome;"; (c) of the following new paragraph after paragraph (p): "(q) prohibiting or regulating, for the purpose of ensur- ing the safe operation of aircraft, the use in air- craft or nero engines, of spare parts, instruments, accessories or other materials which do not conform to prescribed specifications or standards of quality or manufacture,". (2) Any regulation made under the principal Act prior to the coi~mencement of this Act which could have been validly made tinder sub-section (1) of section three of the principal Act, as amended by this Act, shall be deemed to have been made under the provisions of the said sub-section as so amended. 4. The following section is hereby inserted after section three Ensertio9 of of the principal Act :- new ~ection :3b18 rn Act "Appoint. 3bis. (1) The Governor-General may appoint a 16 of 1923. mentand body to be styled the Civil Aviation Council (here- functions of . . Civil inafter referred to as the Council) which shall consist Aviation of not more than five members, one of whom the Council. Governor-General shall designate as Chairman. (2) The members of the Council, who may include one or more persons in Government service, shall be appointed for such periods as the Governor-General ffiay determine when making any such appointment, and on such conditions as to remuneration and otherwise as may be determined by the Minister in consultation with the Minister of Finance. (3) The Council shall conduct its deliberations and discharge its functions in accordance with such procedure as the Minister may from time to time prescribe. (4) The Council shall, subject to the control and direction of the Minister, be responsible for the. carrying out of the provisions of this Act and of the Convention, and every person appointed under this Act or concerned with the carrying out of the provisions thereof, shall perform his functions and exercise any discretion expressly or impliedly vested in him, subject to the directions and approval of the Council. With the written consent of the Council, any person in whom any discretion is vested as aforesaid, may delegate the power to exercise such discretion on his behalf to any other specified person." 5. The following section is hereby substituted for sectionfour Replacejnent of of the principal Act: ~ of 1923. "Appoint- 4. (1) The Governor-General may appoint a body mentand to be styled the Civil Aviation Advisory Committee functions . . of Civil (hereinafter referred to as the Committee), designate Aviation the Chairman thereof, and make regulations for the Advisory conduct of the business of the Committee and other Cotnrmttee. matters relating thereto. PAGENO="1152" 1146 AIR LAWS AND TREATIES OF THE WORLD (2) (a) In appointing the members of the Com- mittee, the Governor-Genera'l may include one or more persons in Government service, and shall include such number of persons, nominated by public bodies or associations recognized by him as representative of the different civil aviation interests in the Union, as will ensure that the interests represented by such bodies or associa- tions are adequately represented on the Committee. (b) The members of the Committee shall be appointed for such periods as the Governor-General may determine when making any such appointment, and on such conditions as to remuneration and otherwise as may be determined by the Minister in consultation with the Minister of Finance. (3) The Committee shall act in an advisory capacity and advise the Minister as to- (a) regulations to be made under this Act; (b) matters arising out of the application to the Union of the Convention and of the rules made under the Convention; (c) the encouragement and development of flying in the Union; (d) proposals for the establishment of aerial goods, mail and passenger services within the Union and between the Union and adjoining terri- tories, and as to such other matters connected with flying and aeronautics as may be referred to the Committee by the Minister." (4) The Committee shall, as soon as may be after the thirtieth day of November in each year, prepare and present to the Minister a report dealing with all matters within the sphere of its functions and activities. The Minister shall lay every such annual report upon the Tables of both Houses of Parliament within twenty-one days after the receipt thereof if Parliament be then in session, or if Parliament be not then in session, within twenty- one days after the commencement of its next ensuing ordinary session. of 6. Section six of the principal Act is hereby amended by the Ast 16 af 1928. addition thereto of the following new sub-section, the existing section becoming sub-section (1) "(2) The Governor-General may, in like manner, for the purpose of ensuring that proper effect may be given to the provisions of any regulation made or deemed to have been made under paragraph (i)bis of sub-section (1) of section three, acquire land, and interests in and rights to and over land, adjoining or adjacent to any land in use as, or set aside for use as, an aerodrome in respect of which a licence under the regulations has been or is to be issued." PAGENO="1153" AIR LAWS AND TREATIES OF THE WORLD 1147 7. Section twenty of the principal Act is hereby amended- Am.ndxnent of (a) by the insçrtion, after the definition of the expression ~ ~ "aerodrome ", of the following definition: "`air carrier' means any person who operates a commercial air service; (b) by. the insertion, after the definition of the expression `aircraft', of the following definition: "`commercial air service' means any undertaking for- (i) the transport by air of passengers, mails or goods; or (ii) the provision of the use of aircraft for the performance of any type of aerial work, for hire or reward; ". 8. This Act shall be called the Aviation Amendment Act, ~b.ort title. 1946. 67717 O-61---73 PAGENO="1154" PAGENO="1155" ACT TO Amend the Aviation Act, 1923, and the Aviation Amendment Act, 1946. Act No. 42, 1947. 1149 PAGENO="1156" 1150 AIR LAWS AND TREATIES OF THE WORLD ACT To amend the Aviation Act, 1923, and the Aviation Amendment Act, 1946. (Afrikaans Text signed by the Governor-General.) (Assented to 3rd June, 1947.) BE IT ENACTED by the King's Most Excellent Majesty, the Senate and the House of Assembly of the Union of South Africa, as follows :- Substitution of 1. Section one of the Aviation Act, 1923, which, as amended, new section for is hereinafter referred to as the principal Act, is hereby repealed section 1 of and the following section substituted therefor: Act 16 of 1923. "Adoption 1. (1) The Convention on International Civil of Conven- Aviation, drawn up at Chicago on the seventh day tionon Interna- of December, 1944, and ratified by the Government tional of the Union on the first day of March, 1947, is Civil hereby adopted. Aviation. (2) The terms of the said Convention are set out in the Schedule to this Act." Insertion of 2. The following section is hereby inserted after section section 14bi8 in fourteen of the principal Act: Act 16 of 1923. Exemp- l4bis. (1) Any lawful entry into the Union or tion ?~ any lawful transit across the Union, with or without ~ landings, of an aircraft to which this section applies, and parts shall not entail any seizure or detention of the thereof aircraft or any proceedings being brought against from seizure the owner or operator thereof or any other inter- on patent claims ference therewith by or on behalf of any person in the Union on the ground that the construction, mechanism, parts, accessories or operation of the aircraft is or are an infringement of any patent, design or model. (2) The importation into, and storage in, the Union of spare parts and spare equipment for an aircraft to which this section applies, and the use and installation thereof in the repair of such an aircraft ~hall not entail any seizure or detention of the aircraft or of the spare parts or spare equip- ment or any proceedings being brought against the owner or operator of the aircraft or the owner of the spare parts or spare equipment or any other interference with the aircraft by or on behalf of any person in the Union on the ground that. the spare parts or spare equipment or their installation are or is an infringement of any patent, design or model: Provided that this sub-section shall not apply in relation to any spare parts or spare equip- ment which are sold or distributed in the Union or are exported from the Union for sale or dis- tribution. (3) This section applies to an aircraft, other than an aircraft used in military, customs or police services, registered in any country or territory in the case of which there is for the time being in force a declaration made by the Governor-General by proclamation in the Gazette, with a view to the fulfilment of the provisions of the Convention to which this section relates, that the benefits of those provisions apply to that country or territory, PAGENO="1157" AIR LAWS AND TREATIES OF THE WORLD 1151 and to such other aircraft as the Governor-General may by proclamation specify. (4) The provisions of section fourteen shall not apply to or in relation to an aircraft to which this section applies." 3. Section twenty of the principal Act is hereby amended by the substitution of the following definition for the definition of the word "Convention" "`Convention' means the Convention on International Civil Aviation drawn up at Chicago on the seventh day of December, 1944, and includes any Annex thereto adopted in accordance with the said Con- vention, and any additions to or amendments of the said Convention or any such Annex ratified and proclaimed in accordance with paragraph (b) of section two 4. The provisions set forth in the Schedule to this Act are hereby substituted for those set forth in the Schedule to the principal Act. 5. The title to the principal Act is hereby amended by the substitution for the word " the " where it occurs for the first time, of the word "an ". 6. Section one of the Aviation Amendment Act, 1946, is hereby amended- (a) by the deletion, in sub-section (1), of the definition of the expression "the Interim Agreement (b) by the deletion, in sub-section (2), of the words "to the Interim Agreement and" and by the substitution for the words " either of those Agreements ", of the words " that agreement 7. Section two of the Aviation Amendment Act, 1946, is hereby amended- (a) by the deletion, in sub-section (1), of the words "Interim Agreement on International Civil Aviation and the ", the deletion of the word " both ", the substitution for the word " obligations" of the words "an obligation ", and the substitution for the word "are" of the word "is" (b) by the deletion, in sub-section (2), of the words "the Interim Agreement and of ", and the substitution for the words " First and Second Schedules respec- tively,", of the words " Second Schedule ". 8. The First Schedule to the Aviation Amendment Act, 1946, is hereby repealed. 9. Notwithstanding the provisions of section four, any proclamation issued under the provisions of section two of the principal Act prior to the commencement of this Act, and any regulation issued under the provisions of section three of the principal Act for the carrying out of, or giving effect to, the Convention replaced by section four of this Act, or for dealing with any other matter relating to or arising out of that Convention, shall, except in so far as such proclamation or regulation is repugnant to the provisions of the Convention on International Civil Aviation drawn up at Chicago on the seventh day of December, 1944, remain in force until it is superseded by a proclamation or regulation, as the case may be, issued or made under section two or three of the principal Act after the commencement of this Act. 10. This Act shall be called the Aviation Amendment Act, Amendment of section 20 of Act 16 of 1923, as amended by section 7 of Act 41 of 1946. Replacement of Schedule to Act 16 of 1923. Amendment of title to Act 16 of 1923. Amendment of section 1 of Act 41 of 1946. Amendment of section 2 of Act 41 of 1946. Repeal of Fii~st ~ohedule to Act 41 of 1946. Certain proclama. tions and regula- tions to remain in force until superseded. Short title. PAGENO="1158" PAGENO="1159" AIR LAWS AND TREATIES QF THE WORLD 1153 ACT TO Provide for the establishment of a National Transport Commission and an Advisory Committee on roads, and to define the functions of the said commission and committee; to abolish the Civil Avia- tion Council established under the Aviation Act, 1923, the Central Road Transportation Board established under the Motor Carrier Transportation Act, 1930, and the National Road Board established under the National Roads Act, 1935; to amend the said Acts; and to provide for other incidental matters. Act No. 44, 1948. ACT To provide for the establishment of a National Transport Commission and an Advisory Committee on roads, and to define the functions of the said commission and committee; to abolish the `Civil Aviation Council established under the Aviation Act, 1923, the Central Road Transportation Board established under the Motor Carrier Transportation Act, 1930, and the National Road Board established under the National Roads Act, 1935; to amend the said Acts; and to provide for other incidental matters. (English text signed by the Goverrwr-General.) (Assented to 2d October, 1948.) BE IT ENACTED by the King's Most Excellent Majesty, the Senate and the House of Assembly of the Union of South Africa, as follows 1. The laws mentioned in the Schedule to this Act are Amendment of hereby amended to the extent set out in the third column ce a awe. of the Schedule. 2. In this Act, unless the context indicates otherwise- Definitions. "Administrator" means the Administrator of a province acting with the consent of the Executive Committee thereof; "Commission" means the National Transport Commission established under section three; "contract of service" means a contract of service entered into in terms of paragraph 6 of the regula- tions framed under the National Roads Act, 1935 (Act No. 42 of 1935) and published under Govern- ment Notice No. 1787 of the 27th October, 1944, para- * graph 7 whereof shall be deemed to form part of such a contract; PAGENO="1160" 1154 AIR LAWS AND TREATIES OF THE WORLD Establishment of National Transport Commission. "declared road" has the meaning assigned to that expression in section one of the National Roads Act, 1935; "Fund" has the meaning assigned to that expres- sion in section one of the National Roads Act, 1935; "Minister" means the Minister of Transport; "motor carrier transportation" has the meaning as- signed to that expression in section one of the Motor Carrier Transportation Act, 1930 (Act No. 39 of 1930); "Pensions Act" means the Government Service Pensions Act, 1936 (Act No. 32 of 1936); "Pension Fund" means the Union Public Service Pension Fund established under section three of the Pensions Act; "prescribed" means prescribed by this Act or by regulation; "public service" means the public service accord- ing to the provisions of section one of the Public Service Act, 1923 (Act No. 27 of 1923); "regulation" means a regulation made under this Act; "Treasury" means the Minister of Finance or any officer in the Department of Finance authorized by the said Minister to perform the functions assigned to the Treasury by this Act. 3. (1) The Governor-General shall appoint a body to be known as the National Tra.nsport Commission which shall consist of not more than seven members one of whom the Governor-General shall designate as chair- man. (2) Not more than three members of the Commission may be persons who are members of the public service. (3) The Governor-General shall appoint as members of the Commission- (i) The Secretary for Transport; (ii) one member whom he shall designate as Commissioner for Road Transportation; and (iii) one member whom he shall designate as Commissioner for Civil Aviation. (4) The remaining members shaH be persons who posses wide experience of and have shown ability in transport, or aviation, or industrial, commercial or financial matters or in the conduct of public affairs. (5) Of the members referred to in sub-section (4)- (a) one shall be appointed from among four per- sons nominated by the Administrators of the four Provinces jointly and shall be a person who, in the opinion of the Governor-General, possesses a thor- ough knowledge of the requirements of the Union in respect of roads; and (b) one shall be appointed after consultation with the Civil Aviation Advisory Committee referred to PAGENO="1161" AIR LAWS AND TREATIES OF THE WORLD 1155 in section four of the Aviation Act, 1923, and shall be a person who, in the opinion of the Governor- General, possesses a thorough knowledge of mat- ters relating to aviation. (6) The members of the Commission other than those who are members of the public service shall be appointed for a period not exceeding five years and not less than two years and, subject to the succeeding provisions of this Act, shall hold office upon such conditions as the Governor-General may determine when making the ap- pointments: Provided that any member of the Com- mission shall be eligible for re-appointment upon ex- piry of his term of office, and provided further that in- dividual member of the Commission may be appointed for different periods and upon different conditions. (7) The member designated as chairman in terms of sub-section (1) shall hold that office for a period of five years as from the date upon which he is designated as such, unless his period of office as a member of the Com- mission sooner expires or unless for any other reason he sooner ceases to be a member of the Commission. (8) The Governor-General may, notwithstanding the provisions of sub-sections (1) and (2) but subject to the provisions of sub-section (6) and sections four and five, appoint as an additional member of the Commis- sion, a person nominated by the Minister of Defence. Such member shall have the right to take part in the proceedings of the Commission but shall not have the right to vote. 4. (1) No person shall be appointed a member of the Commission- (a) if he is an unrehabilitated insolvent; or (b) if he has been convicted of an offence and sentenced to imprisonment without the option of a fine; or (c) if he is a servant of the Railway Administra- tion; or (d) if he or any of his near relations is financially interested in any business of motor carrier trans- portation or is engaged in any activity connected with motor carrier transportation which, in the opinion of the Governor-General, is calculated to interfere with the imparial discharge by the mem- ber of the duties of his office; or (e) if he or any of his near relations is financially interested in any business of manufacturing or sell- ing aircraft or in the operation of an air service or is engaged in any activity connected with such business or air service, which, in the opinion of the Governor-General is calculated to interfere with the impartial discharge by the member of the duties of his office. Disqualifica- tions for appointment, termination of membership and acting chairman. PAGENO="1162" 1156 AIR LAWS AND TREATIES OF THE WORLD (2) Notwithstanding anything contained in sub-sec- tion (1) no act, direction or decision of the Commission shall be invalid solely by reason of the fact that any member of the Commission was by virtue of the said sub-section disqualified from serving ~n the Commission. (3) A member of the Commission shall vacate his office- (a) if he becomes subject to any of the disquali- fications for appointment mentioned in sub-section (1)~ (b) if he resigns by notice in writing addressed to the Minister. (4) The Governor-General may remove from his of- fice any member of the Commission- (a) who has failed to comply with a condition of his appointment; or (b) who has, in the opinon of the Governor-Gen- eral, been guilty of improper conduct or habitually neglected his duties as a member of the Commis- sion; or (c) who is, in the opinion of the Governor-Gen- eral, unable to perform efficiently his duties as a member of the Commission. (5) If a member of the Commission dies, or vacates his office in pursuance of the provisions of sub-section (3), or is removed therefrom in terms of sub-section (4), the Governor-General may, subject to the provi- sions of section three, appoint a person as successor to such member. (6) If the chairman of the Commission dies, or va- cates his office as a member of the Commission in pur- suance of the provisions of sub-section (3), or is re- moved therefrom in terms of sub-section (4), the Gov- ernor-General shall designate as chairman of the Com- mission one of the remaining members of the Commis- sion or the person appointed to succeed the former chair- man. (7) Whenever the office of chairman of the Commis- sion becomes vacant, or if the chairman of the Commis- sion is temporarily unable to perform his functions as chairman. the Minister may designate any member of the Commission as acting chairman until a member of the Commission has been designated as chairman thereof in terms of sub-section (6), or until the chairman resumes his duties as such. itemun~ration 5. (1) Subject to the provision of sub-section (2) of ~I~"~?J~ this section and of section ninety-two of the Public Serv- ice Act, 1923 (Act No. 27 of 1923), a member of the Commission shall be paid such remuneration and such allowances from the Consolidated Revenue Fund as may in each case be determined by the Minister in consulta- tion with the Minister of Finance: Provided that if the Minister has, in terms of sub-section (7) of section four, PAGENO="1163" ~AIR LAWS AND TREATIES OF THE WORLD 1157 designated any member of the Commission as acting chairman, he may authorize the payment from the afore- said Fund to the acting chairman of such additional remuneration as he may determine, but not exceeding a.n amount which, together with the acting chairman's remuneration as an ordinary member of the Commis- sion, equals the remuneration of the chairman in respect of the period in question. (2) A member of the Commission who is a member of the public service shall not, in respect of the services rendered by him as a member or as chairman or acting chairman of the Commission, be paid any remuneration in addition to his salary as a member of the public serv- ice, nor shall such member be paid any allowance in re- spect of subsistence and transport at a rate higher than that applicable to him as a member of the public service. 6. (i) The Commission shall hold meetings at such ~1~1~thie times and places as may from time to time be deter- mined by the chairman or the acting chairman desig- nated in terms of sub-section (1) of section four. (2) The chairman or the acting chairman designated in terms of sub-section (7) of section foi~r shall preside at every meeting of the Commission which he attends, and if neither the chairman nor the acting chairman attends a meeting, lie shall designate one of the other members. to preside at that meeting. (3). Notwithstanding the provisions of sub-section (2)- (a) the Commissioner for Road Transportation referred to in sub-section (3) of section three shall preside at every meeting of the Commission held for the purpose of considering applications or ap- peals under the Motor Carrier Transportation Act, 1930; (b) the Commissioner for Civil Aviation referred to in sub-section (3) of section three shall preside at every meeting of the Commission held for the purpose of considering applications for the opera- t.ion of any air services~: Provided that in the absence of the Commissioner for Road Transportation or the Commissioner for Civil Aviation, as the case may be, the chairman or the acting chairman referred to in sub-section (2) of this section shall preside or designate one of the other members of the Commission to preside at any such meeting. (4) Three members (apart from the additional mem- ber referred to in sub-section (8) of section three) shall be a quorum at any meeting of the Commission: Pro- vided that the Minister may direct that four or five members shall form a~ quorum at any meeting at which the Commission deals with a particular matter specified l)y the Minister: Provided further that there shall be PAGENO="1164" 1158 AIR LAWS AND TREATIES OF THE WORLD no quorum if the majority of the members present at any meeting of the Commission consists of members of public service. (5) The decision of the majority of the members present at a meeting of the Commission, shall be deemed to be a decision of the Commission, and in the event of an equality of votes at such meeting, the person pre- siding at the meeting shall have a casting vote. (6) Subject to the provisions of sub-sections (3) and (4), two meetings of the Commission may be held simul- taneously at different places. 8~c~o~the 7. The object of the Commission shall be, subject to the provisions of this Act or any other law, to promote and encourage the development of transport in the Union and, where necessary, to co-ordinate various phases of transport in order to achieve the maximum benefit and economy of transport service to the public. Abolition of 8. (1) Notwithstanding the provisions of any other * National Road * Board, central law the National Road Board, established under section nT~O~~ two of the National Roads Act, 1935 (Act No. 42 of ~ 1935), the Central Road Transportation Board, estab- and transfer lished under section two of the Motor Carrier Trans- ~r portation Act, 1930 (Act No. 39 of 1930), and the Civil commission. Aviation Council, established under section three bis of the Aviation Act, 1923 (Act No. 16 of 1923), shall, upon the establishment of the Commission'under section three, cease to exist and the powers, functions and duties of the said bodies shall thereupon be transferred to the Com- mission, which shall, subject to the provisions of this Act, for all purposes be deemed to be their successor. (2) All property acquired by the National Road Board for the purposes of its functions, and all the rec- ords of that Board, shall vest in the Union Government and be made available for the use of the Commission in carrying out its functions under this Act, unless in the case of any of such property the Minister directs that it be otherwise dealt with for the benefit of the Fund. (3) Any decision or act lawfully given or performed by ~ny of the bodies abolished by sub-section (1) shall be dee~ned to have been given or performed by the Commission. (4) Any matter which was under consideration by any of the bodies abolished by sub-section (1), but in regard to which no decision had been given or arrived at by such body at the time of its abolition, shall be consid- ered de `iwvo by the Commission. ~urthe~unc- 9. In addition to the powers conferred and duties im- d~m~ssioen. posed upon ~he Commission by any other law, the func- tions of the Commission shall be- (i) in relation to roads- (a) to recommend, after consultation with any Administrator affected by such recom- mendation, which roads shall be declared na- PAGENO="1165" AIR LAWS AND TREATIES OF THE WORLD 1159 tional, provincial or special roads in terms of section four of the National Roads Act, 1935; (b) on its own initiative or by direction of the Minister to investigate, in collaboration with any Administrator affected, any question a.pper- taming to roads in the Union, with particular reference to declared roads and to report thereon to the Minister from time to time, making such recommendations as it may deem necessary; (c) to advise the Minister on road questions which may arise with Governments of neigh- bouring territories: (d) to direct, in collaboration with the Coun- cil for Scientific and Industrial Research estab- lished under the Scientific Research Council Act, 1945 (Act No. 33 of 1945), technical research on road construction, road maintenance and mate- rials therefor and on road safety; (e) to submit to the Minister for his ap- proval, after consultation with any Admin- istrator affected and subject to the provisions of sub-section (4) of section eleven, schemes of works to be undertaken on declared roads; (f) to prescribe the manner in which plans, specifications and estimates for works, the cost or part of the cost of which is to be defrayed from the Fund, shall be submitted to the Commission; (g) to submit to the Minister annually for his approval estimates of expenditure to be incurred from the Fund; (It) through any of its members or any officer of the Department of Transport to inspect roads and road works in collaboration with the Pro- vincial Administration concerned; (i) to maintain records of all works the cost or part of the cost whereof is being or has been defrayed from the Fund; (j) to recommend to the Minister or to the Administrators the introduction of any legisla- tion relating to roads which it considers desirable; (k) with the approval of the Minister to in- vest any monies in the Fund which the Com- mission does not require immediately; (1) generally, to perform any work entrusted to it by the Minister in connection with declared roads, or with roads which, in the opinion of the Minister, deserve consideration with a view to their proclamation under section four of the National Roads Act, 1935; (ii) in relation to motor carrier transportation, to advise and direct local road transportation boards PAGENO="1166" 1.160 AIR LAWS AND TREATIES OF THE WORLD appointed under section three of the Motor Carrier Transportation Act, 1930, in the exercise of their powers and the performance of their functions under the said Act; (iii) in relation to civil aviation- (a) to make recommendations regarding the proclamations to be issued and the regulations to be made under the Aviation Act, 1923 (Act No. 16 of 1923) (b) to keep under review and promote the progress and development of civil aviation in the Union, and to promote or undertake, in collaboration with such bodies or institutions as may be concerned, research into matters per- taining to civil aviation; (iv) generally, to promote the development of transport in the Union with a view always to se- curing the greatest benefit to the public, and to exer- cise such powers and perform such duties as may be conferred or imposed upon it by any other law. ~ 10. (1) The Commission shall, as soon as may be after the thirty-first day of March in each year, submit to the Minister a report on its work, the work of the Committee referred to in section eleven and the work of local road transportation boards during the twelve months which ended on the said date, and the Commission shall in such report make specific mention of any matter in connection with which any recommendation made by the Commis- sion to the Governor-General during that year was not acted upon. (2) Every such report shall as soon as possible after its submission to the Minister be laid by him on the Ta- bles of both Houses of Parliament. Establishment 11. (1) The Governor-General may appoint a commit- ~ tee to be known as the Advisory Committee on Roads Committee (hereinafter referred to as the Committee), designate the chairman thereof, and make regulations, not incon- sistent with the National Roads Act, 1935, or this Act, prescribing the constitution, functions and the conduct of the business of the Committee and other matters relating thereto. (2) In appointing the members of the Committee, the Governor-General shall include at least one representa- tive nominated by each Administrator. (3) The members of the Committee shall be appointed for such periods and on such conditions (subject to the provisions of section ninety-two of the Public Service Act, 1923 (Act No. 27 of 1923)) as the Governor-General may determine when making any such appointment. The provisions of sub-section (2) of section five shall apply nvutati~ rnutandi~ to a member of the Committee who is a member of the public service. PAGENO="1167" AIR LAWS AND TREATIES OF THE WORLD 1161 (4) The Committee shall consider all matters referred to it by the Minister or initiated by any of its members and shall make recommendations in connection therewith to the Commission. The functions to be entrusted to the Committee in terms of sub-section (1) shall include the initiation, consideration and recommendation of schemes of works to be undertaken on declared roads: Provided that the provisions of this sub-section shall not preclude the Commission from itself initiating any particular scheme of works to be undertaken on a declared road: Provided further that in the event of a difference of opin- ion between the Commission and the Committee on any such scheme, the Minister shall consult the Administra- tor affected before arriving at a decision. 12. (1) The Secretary for Transport shall, subject to ~ the laws governing the public service, be responsible for f9r admlnlstra- providing all such officers as may be necessary to assist ~ ~Ii~r- the Commission and the Committee in the performance ~ of their functions, and all such officers shall be under the administrative control of the Secretary for Transport. All executive work. and administrative work arising out of the performance of their functions by the bodies mentioned in this section, shall be undertaken by the Department of Transport. (2) Any reference in the National Roads Act, 1935, to an officer of the National Road Board shall be deemed to be a reference to an officer of the Department of Transport. 13. (1) All persons who are in the employ of the Na- ~ tional Road Board at the date of commencement of this Road Board Act (other than the officers of the public service re- ~ of ferred to in section seventeen) shall at that date become v~~nt employees of the Government, and any contract of serv- and provision ice under which any such person is so employed shall ~i~s as from that date be deemed to be a contract of service of service. entered into between him and the Government: Pro- vided that by mutual consent such contract may be terminated before the expiration of the period of em- ployment provided therein. (2) Subject to the succeeding provisions of this Act, the continuous employment by the National Road Board of any person referred to in subsection (1), prior to the date of commencement of this Act, shall for all pur- poses other than for pension purposes be deemed to be employment in the service of the Government. (3) Unless and until t.hey are appointed to posts in the public service in terms of sub-section (4), the condi- tions of service of all persons referred to in sub-section (1) shall, save as is otherwise specifically provided in this Act, be governed by the laws regulating the service of employees of the Government not being members of the public service: Provided that except with his own consent or in accordance with this Act or any other law, the salary or the scale of salary at or iti accordance PAGENO="1168" 1162 AIR LAWS AND TREATIES OF THE WORLD with which any such person was remunerated immedi- ately prior to the date of the commencement of this Act or his rate of progression up that scale, shall not be reduced. (4) Notwithstanding any limitation in respect of age, educational or other qualifications, other than health, prescribed by or under the Public Service Act, 1923 (Act No. 27 of 1923), but subject otherwise to the provisions of that Act, any person referred to in sub-section (1) who is a Union National and who has not attained the prescribed age of retirement may, upon the recommen- dation of the Public Service Commission be appointed on probation or otherwise to a post in the public service, provided that the Public Service Commission is satis- fied that such person is sufficiently proficient in the use of both official languages to enable him to discharge ef- ficiently the duties of his post. The conditions of serv- ice of any person so appointed shall, save as is otherwise specifically provided in this Act, be governed by the laws regulating the public service. (5) Any person appointed to the public service in terms of sub-section (4) shall be adjusted to the scale of salary applicable to the post to which he has been appointed at such notch on that scale as may be recom- mended by the Public Service Commission. (6) Tn addition to the salary payable to any such per- son from time to time by virtue of his occupancy of a post in the public service, there shall be paid to him a personal allowance equal to the difference between his said salary for the time being and the higher salary (if any) to which he was, or would have been, entitled in ac- cordance with the scale of salary applicable to him as an employee of the National Road Board immediately prior to the commencement of this Act: Provided that for the purpose of determining such person's pensionable emolu- ments for the purpose of the Pensions Act, regard shall not be had to any allowance payable to him in terms of this sub-section: Provided further that any such allow- ance shall form part of such person's salary for the purpose of the Provident Fund referred to in sub-section (1) of section fourteen. 14. (1) Subject to the succeeding provisions of this benefits. Act- (a) every person who becomes an employee of the Government in terms of section thirteen and who, at the date of commencement of this Act is under sixty years of age in the case of a male, or under fifty-five years of age in the case of a female, shall retain all the rights and remain subject to all the obligations acquired or incurred by him as a member of the National Road Board Provident Fund established by the said Board for the benefit of its employees; PAGENO="1169" AIR LAWS AND TREATIES OF THE WORLD 1163 (b) all rights and obligations of the National Road Board, in respect of the said Provident Fund, shall, as from the date of commencement of this Act, vest in the Treasury and all policies of insurance taken out by the said Board in accordance with the regulations governing such Provident Fund shall as soon as may be thereafter be ceded to the Treasury; (c) any contributions payable by the Treasury in terms of the said regulations as from the date of the commencement of this Act, including the repayment to the Fund of any contributions that may have been paid in advance from the Fund in respect of a period of service subsequent to such date, shall be paid out of revenue (as defined in section eighty-three of the Pensions Act) and all expenses incurred by the Treasury in the administration of the said National Road Board Provident Fund shall be paid out of the Consolidated Revenue Fund. (2) Notwithstanding anything to the contrary con- tained in the Pensions Act, any person appointed to the public service in terms of sub-section (4) of section thirteen who is a member of the said National Road Board Provident Fund and `who, in the case of a male is under fifty years of age or in the case of a female is under forty-five years of age at the date of his or her appointment to the public service, shall elect in writing within three months of the date upon which he is called upon by the head of his department to do so, either- (a) to contribute to the Pension Fund as from the date of his appointment to the public service; or (b) to retain any rights and remain subject to any obligations which he may have acquired or incurred as a member of the said National Road Board Provident Fund. (3) A person who fails to make an election in terms of subsection (2) shall he deemed to have elected to con- tribute to the Pension Fund as from the date of his ap- pointment to the public service. (4) A person who has elected in terms of sub-section (2) or is deemed to have elected in terms of sub-section (3) to contribute to the Pension Fund as from the date of his appointment to the public service may, subject to the provisions of paragraphs (a), (c), (e) and (f) of section sixteen of the Pensions Act, elect in writing within one month of the date upon which he is called upon by the head of his department to do so, to contribute to the Pension Fund in respect of such portion of his continuous employment (including his continuous employment un- der the National Road Board) immediately prior to such appointment as may be approved by the Treasury, and if he so elects- 67717 O-~61-------74 PAGENO="1170" 1164 AIR LAWS AND TREATIES OF THE WORLD (a) the policy of insurance taken out in respect of him by the National Road Board shall be surren- dered and realized, half the proceeds thereof being paid to him and half to the Fund, or alternatively, he may require that the policy shall be ceded to him subject to the payment by him to the Fund of an amount equal to the difference between the amount paid in respect of that policy from the said Provi- dent Fund and the contributions paid by him to that Provident Fund; and (b) there shall, notwithstanding anything to the contrary in this Act or in any other law contained, be paid from the Fund to revenue (as defined in section eighty-three of the Pensions Act) an amount equal to that payable to the Pension Fund in terms of subparagraph (a) and items (i) and (ii) of sub- paragraph (b) of paragraph (2) of section thirty- one of the Pensions Act in respect of his continuous employment under the said Board. (5) Notwithstanding the provisions of sub-section (2), any person appointed to the public service in terms of sub-section (4) of section thirteen who, in the case of a male is fifty years of age or more, or in the case of a female is forty-five years of age or more at the date of his or her appointment to the public service, may within three months of the date upon which he is called upon by the head of his department to do so, elect to contribute to the Pension Fund as from the said date of appoint- ment provided the person concerned elects and is per- mitted to contribute to the said Fund in accordance with the provisions of sub-section (4) in respect of his con- tinuous employment, as approved by the Treasury, as from a date prior to the date on which such person at.- tamed the age of fifty or forty-five years, as the case may be. (6) Any person referred to in sub-section (1) of sec- tion thirteen who becomes a member of the Pension Fund and has elected to contribute to that Fund in terms of sub-section (4) of this section and who, in order to enter into the employment of the National Road Board, had resigned from employment under the Government (as defined in section one hundred and one of the Public Service Act, 1923) may elect in writing, within a period of three months from the date upon which he is called upon by the head of his department to do so, to contrib- ute to the Pension Fund, subject to the provisions of the Pensions Act in respect of such period of his past con- tinuous employment under the Government as may be approved by the Treasury, and if he elects so to contrib- ute, any period which may have elapsed between the date upon which his employment under the Government ter- minated and the date upon which his employment under the said National Road Board commenced shall, for the PAGENO="1171" AIR LAWS AND TREATIES OF THE WORLD 1165 purposes of the said Act, be regarded as special leave of absence without pay. Provided that any period so re- garded as leave of absence without pay shall not be reck- oned as service for pension purposes. (7) If any person has elected or is deemed to have elected to contribute to the Pension Fund in terms of sub- section (2) or (3) but has elected not to contribute to the said Fund in terms of sub-section (4), all contributions by the Treasury in respect of that person in terms of the regulations governing the said National Road Board Provident Fund shall cease as from the date of that per- son's appointment to the public service and any policy of insurance which has been effected on his life in terms of the said regulations shall be ceded to him subject to the repayment by him to revenue (as defined in section eighty-three of the Pensions Act) of an amount equal to the difference between the amount paid from the said National Road Board Provident Fund in respect of his service as from the said date and the contributions re- covered from him in terms of the said regulations in respect of his service as from the said date. (8) When any person appointed to the public service in terms of sub-section (4) of section thirteen does not become a member of the Pension Fund, the provisions of section nineteen of the Pensions Act shall apply to such person as if he were a new member within the meaning of that Act, and in the application of the. said provisions to any such person his pensionable age shall be deter- mined in accordance with the definition of that expres- sion in section eighty-three of the said Act. 15. If any person referred to in paragraph (a) of sub- section (1) of section fourteen is not appointed to the contributions public service, any contributions payable by the Treas- ~%~i ury in respect of such person in terms of the regulations P~rovldent governing the said National Road Board Provident Fund i Unci. shall cease when that person attains the pensionable age as defined in section eighty-three of the Pensions Act. 16. (1) Notwithstanding anything to the contrary Power of contained in the Pensions Act, the contributions pay- ~s~f~to able- certain emolu- (a) to the Pension Fund in respect of any period ~ of employment prior to his appointment to a post purposes. in the public service; or (b) from time to time, to the Government Em- pioyees Provident Fund established by section sicety- three of the said Act, by any person referred to in section thirteen, shall be based on such emoluments as may be determined by the Treasury, on the recommendation of the Public Service Commission, and such emoluments shall for the purposes of that Act., be deemed to be the pensionable emoluments of the person concerned. PAGENO="1172" 1166 MR LAWS AND TREATIES OF THE WORLD (2) Any pension that may become payable in terms of section thirty-nine of the Pensions Act to a native or coloured person who becomes an employee of the Gov- ernment in terms of section thirteen of this Act shall, notwithstanding anything to the contrary contained in the Pensions Act, be based on such emoluments as may be determined by the Treasury, on the recommendation of the Public Service Commission, and such emoluments shall for the purposes of the Pensions Act, be deemed to be the pensionable emoluments of the person concerned. S 17. (1) The secondment. of every officer of the public terminate, service who was seconded to the service of the National Road Board shall terminate at the date of commence- ment of this Act. (2) The salary and the scale of salary (including the corresponding rank and status) of every such officer as a member of the public service shall be as determined from time to time upon the recommendation of the Public Service Commission: Provided that in the making of any such determination under this sub-section, regard shall be had to the progression in salary, rank and status which such officer would have made in the public service had he not been seconded to the service of the said Na- tional Road Board: Provided further that except with his own consent or in accordance with any law, the amount (including the scale of salary upon which that amount was based) deemed to be his pensionable emoluments immediately before the commencement of this Act, shall not be reduced. (3) If the salary to which such an officer is entitled by virtue of any determination made under sub-section (2) at any time falls short of the salary to which he was or would have been entitled in accordance with the scale of salary applicable to him while he was serving the said National Road Board, there shall be paid to him (in addition to the salary to which he is entitled as a mem- ber of the public service) a personal allowance equal to the difference. That allowance shall, if he was seconded to the service of the said Board prior the second clay of December, 1935, form part of his pensionable emoluments for the purposes of the Pensions Act, but if he was so seconded on or after the second day of December, 1935, that allowance shall not form part of his pensionable emoluments for the purposes mentioned. 18. This Act shall be called the Transport (Co-ordina- tion) Act, 1948, and shall come into operation on a date to be fixed by the Governor-General by proclamation in the Ga2ette: Provided that the amendment of section nine of the National Roads Act, 1935 (Act No. 42 of 1935) as set out in the Schedule, shall be deemed to have come into operation on the first day of April, 1948. PAGENO="1173" AIR LAWS AND TREATIES OF THE WORLD 1167 Schedule. LAWS AMENDED. No. and year of Law Title of Law Extent of Amendment Act No. 16, 1923 Aviation Act, 1923 - - - The repeal of sub-sections (1), (2) and (3) of section three his, as inserted by section four of Act No. 41 of 1946. Act No. 39, 1930 Motor Carrier Trans- portation Act, 1930. The repeal of section two, and of sub-section (3) of section five as inserted by section sir of Act No. 31 of 1932. Act No. 42, 1935 ~ National Roads Act, 1935. (a) The repeal of sections two, three, fifteen, and para- graphs (b), (c) and (d) of sub-section (I) of section sixteen as amended by Act No. 22 of 1944: (b) The deletion with effect from the first day of April, 1948, of the words "and redemption" in sub- section (1) of section nine. PAGENO="1174" PAGENO="1175" ACT TO Provide for the Licensing and Control of Air Carriers and Air Services. Act No. 51, 1949. 1169 PAGENO="1176" 1170 AIR LAWS AND TREATIES OF THE WORLD ACT To provide for the Licensing and Control of Air Carriers and Air Services. (English Text signed by the Governor-General.) (Assented to 1st July, 1949.) BE IT ENACTED by the King's Most Excellent Majesty, the Senate and the House of Assembly of the Union of South Africa, as follows :- Definitions. 1. In this Act, unless the context indicates otherwise- (i) "air carrier" means a person who operates an air service; (vi) (ii) "air service" means any service performed by means of an aircraft for reward, and includes an air transport service; (v) (iii) "air transport service" means a service by aircraft for the carriage of passengers or goods for reward, and includes such a service on charter terms; (vii) (iv) "commission" means the National Transport Com- mission established under section three of the Trans- port (Co-ordination) Act, 1948; (iii) (v) "international air transport service" means an air transport service which passes through the air space over the territory of the Union or of South-West Africa and at least one other State; (ii) (vi) "licence" means an air carrier's licence granted under section nine, or deemed in terms of sub-section (4) of section twenty to have been so granted; (iv) (vii) "person" includes the Railway Administration; (viii) (viii) "prescribed " means prescribed by regulation; (x) (ix) "regulation" means a regulation made under section twenty-two; (ix) (x) "scheduled" or "non-scheduled" in relation to an air transport service, shall be construed by reference to the definitions contained in the regulations made under paragraph (g) of section twenty-two; (xi) (xi) "this Act" includes the regulations; (i). Air service not 2. (1) Subject to the succeeding provisions of this section, to be provided no person shall after a date to be notified by the Governor- ~xcept under General by proclamation in the Gazette, use an aircraft for the provision of any air service, except under and in accordance with the terms and conditions of a licence granted to that person or deemed to have been so granted. (2) No licence shall be required in respect of a scheduled international air transport service which is being operated by an airline of another State in terms of any bilateral agreement concluded between the Government of the Union and such other State. (3) The Governor-General may, if it appears to him expedient to do so, by proclamation in the Gazette exclude or modify, to such extent as to him seems desirable, the application of sub-section (1) to or in respect of visiting aircraft, registered as to nationality in another contracting State, which are engaged in the carriage of passengers, cargo or mail for remuneration or hire on other than~ scheduled international air services. PAGENO="1177" AIR LAWS AND TREATIES OF THE WORLD 1171 For the purposes of this sub-section "contracting State" means any State which is a party to the Convention on Inter- national Civil Aviation, signed at Chicago on the seventh day of December, 1944. (4) Any person who contravenes the provisions of sub- section (1) shall be guilty of an offence and liable on conviction, for a first offence, to a fine not exceeding five hundred pounds, and for every subsequent offence, to a fine not exceeding one thousand pounds. 3. (1) It shall be the function of the commission, subject Functions of to the provisions of this Act, and with due regard to the pro- commission in visions of sections seven and nine of the Transport (Co-ordina- ~ tion) Act, 1948 (Act No. 44 of 1948), to hear and determine any application- (a) for the grant of a licence; (b) for the renewal, transfer, alteration, modification or amendment of a licence or the conditions thereof; (c) for an exemption from any of the provisions of this Act or any condition of a licence; (d) by or on behalf of any interested party, requesting the commission to make any order or give any direction, consent or approval which it may lawfully make or give, or with respect to any matter which by this Act or any order or direction of the commis- sion is prohibited, sanctioned or required to be done. (2) Every such application as is mentioned in sub-section (1) shall be addressed to the commission in the prescribed manner and form. (3) Whenever the commission .has refused any such applica- tion as is mentioned in sub-section (1) or has varied the con- ditions of a licence under sub-section (5) of section nine or cancelled or suspended a licence under section seventeen, the commission shall, at the written request of the applicant or the holder of the licence concerned, as the case may be, and upon payment to the Secretary for Transport of the prescribed fee, furnish to him its reasons for such refusal, variation, cancellation or suspension. 4. (1) Every person who applies for the grant of a licence Particulars to shall furnish to the commission: be furrnshed in connection with (a) his full name, address and nationality, and if the application for applicant is a company, a copy of its memorandum air carrier's and articles of association; licence. (b) proof, to the satisfaction of the commission, of the availability of sufficient capital for financing the enterprise, and a statement of the amount of such capital: Provided that this paragraph shall not apply in respect of an application for a licence by the Rail- way Administration; (c) particulars of the air service which the applicant pro- poses to provide, and such particulars as the com- mission may require of the organization which the applicant has or proposes to set up for the purposes of such service; (d) particulars of the number of aircraft (including re- serve aircraft) to be used; PAGENO="1178" 1172 AIR LAWS AND TREATIES OF THE WORLD (e) such particulars as the commission may require, of the type or types of aircraft to be used; (f) particulars concerning the availability of spare parts and of servicing, maintenance and repair facilities at terminal and intermediate points on the route over which the applicant proposes to provide the service; (y) particulars concerning the personnel it is proposed to employ in connection with the air service, with particulars of the number of persons to be employed in each of the various classes of employment, the proposed rates of pay, travelling, subsistence and other allowances, benefits and privileges, normal hours of duty, and an estimate of the number of flying hours per month which each member of the crew of any aircraft will be required to complete; (h) particulars concerning- (i) the types and classes of traffic which the applicant proposes to convey; (ii) the routes and towns proposed to be served and the airports to be used; (iii) the frequency and time tables of the proposed air service; (iv) the proposed tariff of charges or fares; (v) the period of time which the applicant antici- pates will elapse before the proposed air service can be commenced; (vi) the applicant's previous experience, if any, in the operation of commercial air services. (2) An applicant for the renewal of a licence shall furnish with his application such particulars as may be prescribed in relation to the class of air service for which authorization is sought. Publication of 5. As soon as practicable after receipt of any application particulars of mentioned in section three, the commission shall cause notice applications. . . . of the application to be given or published in the manner prescribed, setting out- (a) in the case of an application for the grant or renewal of a licence- (i) the name of the applicant; (ii) particulars of the air service which the applicant proposes to provide; (iii) the proposed tariff of charges or fares; (iv) a brief general description of the aircraft to be used; and (v) where a licence for the operation of a regular air transport service is applied for, particulars of the proposed routes and the frequencies of the service; (b) in the case of any other application, such particulars or information concerning the nature thereof as may be prescribed. Representations 6. (1) Any interested person may, within twenty-one days in support of or after the date of first publication of particulars of an application in opposition to in terms of sectionfive, submit to the commission representations application. in writing in support of or in opposition to the application, and PAGENO="1179" AIR LAWS AND TREATIES OF THE WORLD 1173 a copy of such representations in opposition to the application shall be sent by the objector to the applicant at the same time as they are sent to the commission: Provided that where an objector has failed to give notice of objection, or to give such notice timeously, the commission may, in its discretion, and on such terms as to postponement of the hearing or as to the lodging of a deposit under sub-section (4) of section seven, as it may think fit, condone the want of due notice and hear the objection. (2) Any allegation of fact made by a person in opposition to an application shall, if the commission so directs, be made under oath. 7. (1) For the purpose of enquiring into, considering and Consideration determining any application mentioned in section three, the and determ~nation commission shall hold hearings, in public at such places as it of applications. may think fit: Provided that the commission may in any particular case hold a hearing in private if it considers it to be in the public interest. The commission shall cause notice to be given in the manner prescribed to the applicant and to every person who has made representations in support of or in opposition to the application, of the day, time and place appointed for the hearing. (2) An applicant or objector may appear at the hearing of an application either in person or by counsel, attorney or other duly authorized representative, but shall not, save as is pro- ~rided in sub-section (5), be entitled to recover from any other party any costs incurred by him in the proceedings. (3) If the commission is of the opinion, having regard to the nature of an application or objection or the circumstances in which it is made, that it has prima facie little chance of success and that its making may cause needless expense to an objector or to the applicant, as the case may be, the commission may at any time during the proceedings after the lodging of an application or objection, order such applicant or objector to deposit with the commission a sum not exceeding one hundred pounds within a stated time, and in default of such deposit may refuse the application or disallow the objection. (4) The commission may, as a condition of condonation of any default by an applicant or objector in complying with the prescribed procedure of application or objection, or of the grant of postponement or other indulgence, require such appli- cant, objector or party seeking indulgence to deposit with the commission a sum not exceeding one hundred pounds within a stated time. (5) If the commission is satisfied that the making of an application which it has refused or of an objection which it has disallowed, or the default of or grant of indulgence to an applicant or objector, has caused unnecessary expense to another party to the proceedings, the commission may in its discretion order that out of any deposit made under sub-section (3) or sub-section (4) by such applicant or objector, such sum of money as it may think fit be paid to the party so damnified in reimbursement or part reimbursement of costs incurred by him, and may order further that there be paid out of the said deposit into the Consolidated Revenue Fund such sum as it may think fit. The remainder of any sum deposited or, if no such order is made, the whole of the sum deposited, shall be returned to the depositor. PAGENO="1180" 1174 AIR LAWS AND TREATIES OF THE WORLD Power of 8. (1) The commission may for the purposes of any pro- commission to ceedings before it under this Act, by summons under the hand compel attendance of the chairman or the secretary of the commission, require `~~i~tion any person who it has reason to believe may be able to give of documents, material information concerning the subject-matter of the etc. proceedings, or to produce any book, document or thing which has any bearing on the subject-matter of the proceedings, to appear personally before the commission, or any member of the commission designated by the commission, at a time and place stated in the summons, and to produce any such book, document or thing which he may be able to produce. (2) A summons referred to in su~b-section (1) shall be in the form prescribed, and shall be served in the same manner as a subpoena in a criminal case issued by a magistrate's court. (3) The commission, or any member of the commission designated by the commission in terms of sub-section (1), before whom any person summoned in terms of sub-section (1) appears as a witness, may interrogate such person and require him to produce any book, document or thing mentioned in the summons which he may be able to produce, and for this purpose the chairman or, in his absence, any other member of the commission (if such person appears before the commission) or the member of the commission before whom such person appears, may administer an oath to him or require him to make affirmation of the truth of his testimony. Any book, document or thing produced by any person under this sub-section may be retained for a reasonable period for examination by or on the order of the commission. (4) Any person who, having been duly summoned under sub-section (1), without lawful excuse fails to appear in obedi- ence to the summons or to remain in attendance until he is excused from further attendance, or who without lawful excuse refuses to be sworn or to make affirmation or to answer any relevant question lawfully put to him or to produce any book, document or thing referred to in sub-section (1) which he may be able to produce, or who, while he is under oath or affirmation, makes any false statement before the commission or the person interrogating him, which he knows to be false, shall be guilty of an offence: Provided that in connection with the interrogation of any such person or the production of any such book, document or thing, the law relating to privilege, as applicable to a witness subpoenaed to give evidence or to produce any document or thing before a court of law, shall apply. (5) Any person who- (a) refuses or fails to comply to the best of his ability with any reasonable requirement of the commission, or any member of the commission designated in terms of sub-section (1), in connection with the exercise of its or his functions under this section; or (b) wilfully hinders or obstructs the commission or any such member in the exercise of those functions, shall be guilty of an offence. (6) Any person convicted of an offence under this section shall be liable to a fine not exceeding one hundred pounds. Grant or 9. (1) The commission may in its discretion grant an appli- refusal of cation for a licence or for the renewal of a licence subject to licence. M~atters such conditions as may be attached to a licence under section to be considered. PAGENO="1181" AIR LAWS AND TREATIES OF THE WORLD 1175 eleven, or may refuse such application, or may grant a licence which in respect of area or distance of operation, or in any other respect, confers a less extensive authorization than the licence sought by the applican1~. (2) In exercising its discretion the commission shall have regard to- (a) the need of the section of the public affected by the application, for the class of air service for which authorization is sought; (b) the co-ordination and development of air and other transport services generally, with the object of e~isuring the most effective service to the public; (c) the avoidance of uneconomical overlapping and, generally, the interests of the public. (3) Without prejudice to the generality of the considerations mentioned in sub-section (2), the commission shall, having regard to the nature of the application before it, take into consideration the following matters: (a) the existence of other air services in the area through or within which the proposed service is to be pro- vided; (b) the possibilities of air services in that area; (c) the degree. of efficiency and regularity of the air ser- vices, if any, already provided in that area, whether by the applicant or by other air carriers; (d) the period for which such services have been provided by the applicant or by other air carriers; (e) the extent to which it is probable that the applicant will be able to provide a safe and satisfactory air service in respect of continuity, regularity of operation, frequency, punctuality, reasonableness of charges and general efficiency; (f) the financial resources of the applicant; (g) the suitability of the type of aircraft proposed to be used for the purposes of the air service, aiid the commission shall take into consideration any repre- sentations in support of or in opposition to the application, duly made in accordance with the provisions of this Act. (4) The commission may grant wholly or in part any appli- cation by an air carrier for the amendment or modification of his licence or the conditions thereof, if in its opinion by reason of altered circumstances or for any other good and sufficient reason, including any consideration mentioned in sub-section (2) or (3), it is desirable to do so in the public interest or in order to avoid hardship. (5) The commission may of its own motion in like circumstances vary the conditions attached by it to a licence, or may attach further conditions thereto: Provided that the commission shall not so vary any conditions of a licence or attach thereto any further condition, which has the effect, in either case, of restricting in any respect the authorization con- ferred by the licence, unless at least twenty-one days notice of its intention so to do has been given to the holder and he has been given an opportunity of being heard by the commission in opposition thereto: Provided further that the holder of the licence concerned shall be allowed a reasonable time by the commission within which to comply with any such variation of the conditions of his licence or with such new condition so attached to his licence. PAGENO="1182" 1176 AIR LAWS AND TREATIES OF THE WORLD Protection of 10. Whenever an air service provided by any air carrier air carriers within any particular area or over any particular route is in who provide . . satisfactory the opimon of the commission, satisfactory and sufficient to services, meet at a reasonable charge the need of the public for that class of air service within that area or over that route, the com- mission shall not grant a licence to any other person for the provision of an air service within substantially the same area or over substantially the same route, in competition with the first-mentioned air service: Provided that this sub-section shall not be deemed to prohibit the commission from granting a licence for the provision of an air transport service over a route which overlaps any segment of a route over which an air trans- port service is provided by any other air carrier, if the com- mission is satisfied that the provision of an air transport service over such first-mentioned route is necessary in order to satisfy adequately the air transportation requirements of the public. Matters to be 11. (1) No one licence shall authorize the provision of more specified i~i than one of the classes of air service established by regulation, conditions which but licences to provide two or more different classes of air may be attached service so established may be granted to the same person. thereto. (2) Every licence shall specify- (a) the name and address of the licensee; (b) the class of air service authorized by the licence; (c) the period of validity of the licence; (d) the area within or the route over or the points between which the air service may be provided. (3) The commission may attach to a licence such of the following conditions as may be applicable in respect of the particular class of air service authorized by the licence- (a) a condition that the aircraft to be used shall not operate at or from a specified aerodrome or shall only operate at or from one or more specified aerodromes: Provided that no air carrier shall be required to operate at an aerodrome which is not provided with telephonic means of communication; (b) a condition that a certain class or description of goods other than mails shall or shall not be carried; (c) a condition specifying the charges or the maximum or minimum charges which may be made in connection with the air service; (d) a condition prohibiting the taking on or setting down of passengers or goods within a specified area or between specified points on a route; (e) conditions as to the provision which shall be made by the air carrier for the payment of compensation in respect of the disablement or death of any of his employees resulting from any accident arising out of and in the course of such employee's employment, in any case where the provisions of the law relating to the payment of compensation to workmen, in force - in the Union or the territory of South-West Africa, do not apply in respect of the disablement or death of such employee; (f) a condition requiring a specified minimum frequency to be maintained on the service; (g) a condition stipulating that the air service may be operated by day only, or by night only; PAGENO="1183" AIR LAWS AND TREATIES OF THE WORLD 1177 (h) a condition requiring the air service to be in full opera- tion within a specified period, not exceeding two years, after the date upon which the licence is granted; (i) a condition requiring the air carrier to give to the com- mission a specified period of notice of his intention to abandon the air service; (j) a condition prohibiting the conveyance of mails without the authority of the Postmaster-General; (s7e) any other conditions which the commission considers desirable in the interests of public safety, or to prevent uneconomic competition. 12. (1) A licence may be granted for such period, not ex- Period of ceeding seven years, as the commission may in each case stipu- validity of late: Provided that every licence for the operation of a scheduled licences and air transport service shall be granted for an initial period of `~ of seven years: Provided further that any licence may be renewed by the commission for such further period or periods, not exceeding five years at a time, as the commission may in each case deem desirable in the public interest, and subject to such conditions as are mentioned in section eleven. (2) An application for the renewal of a licence shall be sub- mitted to the commission not later than twelve months prior to the date of expiration of the licence and if any such applica- tion is submitted to the commission not less than eighteen months prior to the date of expiration of the licence, the de- cision of the commission thereon shall be communicated to the applicant not less than twelve months prior to that date. (3) The period of validity of a licence may, in the discretion of the commission, be expressed to commence as from a date subsequent to that on which the licence is actually granted. (4) If at the date on which a licence expires, proceedings are pending on an application for the renewal of the licence, the expired licence shall be deemed to continue in force until such application has been finally determined. 13. (1) An air carrier to whom a licence for the provision of Air transport an air transport service has been granted, shall not commence service not to such service until the commission has issued to him an operating be ?oinmenc.ed certificate certifying that the holder is adequately equipped and until operating able to conduct a safe air transport service over the route or obtained. within the area in respect of which the licence was granted. (2) Any person who contravenes the provisions of sub-section (1) shall be guilty of an offence and liable on conviction to the penalties prescribed by sub-section (4) of section two. 14. There shall be paid to the Secretary for Transport by an Licence fees. air carrier in respect of each licence issued to him, and in respect of the renewal or transfer of any such licence, such fee as may be prescribed in relation to the class of licence in question. 15. (1) A licence may, on the application of the holder, be Transfer and transferred by the commission to another person for the re- t~tmii of maining period of its validity, and the commission may make licences. its consent to the transfer subject to such conditions as it may in the public interest deem desirable. (2) If any condition subject to which the consent of the com- mission to the transfer of a licence was obtained, is not fulfilled PAGENO="1184" 1178 AIR LAWS AND TREATIES OF THE WORLD in connection with the transaction of which the transfer forms a part, or if it appears that any false information has been furnished to the commission in connection with an application for such a transfer, the commission may forthwith withdraw its consent to the transfer and thereupon the licence shall become null and void. (3) With every application for the transfer of a licence there shall be submitted to the commission in form prescribed sworn declarations, by the holder and the proposed transferee of the licence, setting forth full particulars of the transaction of which the proposed transfer of the licence forms a part or to which it is incidental, including particulars of the full consideration passing from the transferee to the holder. (4) A licence shall automatically lapse in the event of the sequestration of the estate of the holder or, if the holder is a company, in the event of its being wound up. Insurance. 16. Every licensed air carrier (other than the Railway Ad- ministration) shall insure and at all times keep himself insured, in such sums or to such extent as may be prescribed in relation to the class of air service provided by such air carrier, against claims of a nature or class likewise so prescribed, which may arise out of the use of aircraft by such air carrier under the authority conveyed by his licence. Cancellation 17. (1) The commission may, subject to the provisions of or suspension sub-sections (2) and (3), at any time cancel a licence, or suspend of hcences. it for such period as the commission may think fit, or vary or add to the conditions thereof, if the holder has contravened or failed to comply with- (a) any provision of this Act or of any law prescribing measures of safety in connection with the use of air- craft; or (b) any lawful order or requirement of the commission under this Act; or (c) any condition of his licence; or (d) the terms of any exemption granted to him under this Act, or if, in the case of an air transport service, the service provided by the holder of the licence does not meet fully and satisfactorily the air transportation requirements of the public over the route or within the area in respect of which the service was licensed. (2) The commission shall not exercise any of its powers under sub-section (1) unless it has given the licensee reasonable notice of the action which it is proposed to take and of the grounds therefor, and has afforded the licensee an opportunity of showing cause, either in writing or by appearance in person or by a repre- sentative before the commission, why the proposed action should not be taken, and no licence shall be cancelled or suspended on the ground of failure to comply with a condition unless it appears to the commission that the failure has been repeated or persistent, or has been deliberate and serious. (3) The temporary abandonment, suspension, diversion or interruption of an air service, necessitated or brought about by adverse weather conditions, considerations of safety, illness PAGENO="1185" AIR LAWS AND TREATIES OF THE WORLD 1179 or other emergency, shall not be taken to constitute a breach of any condition of the licence authorizing such service, but the commission may, in any such case, require the licensee to furnish it with a full report on the occurrence, and the licensee shall submit the report in such manner and form and within such period as the commission may direct. 18. The commission may by order in writing require air I~eturns. carriers or any particular class of air carrier to render to it in such manner and form and at such times as may be prescribed by the commission, such returns in relation to any class or classes of air service provided by such carriers or class of carrier, as the commission may deem necessary for the effective carrying out of its duties and functions under this Act. 19. (1) The commission may on the application of any air Exemptions. carrier, exempt him from the operation of sub-section (1) of section two or from the operation of any other provision of this Act or any condition of his licence, if in the opinion of the commission the air carrier concerned is providing or proposes to provide an air service on a non-profit basis for charitable purposes, or for purposes incidental to social welfare, or that the granting of such exemption will assist in saving life. (2) Any exemption granted under sub-section (1) may be limited so as to apply only in respect of one or more aircraft or one or more particular routes, journeys or transactions, or may be limited as to time, area or distance, or otherwise as the commission may think fit. (3) Whenever the commission is of opinion that the delay involved in publishing in terms of section five particulars of an application for exemption, would defeat the object of the application, and that non-publication of such particulars would not be detrimental to the general public interest, the com- mission may dispense with such publication and grant the application forthwith. (4) Any person who uses an aircraft for the provision of an air service in contravention of the terms of an exemption granted to him under this section shall be guilty of an offence and liable on conviction to a fine not exceeding five hundred pounds. 20. (1) If any air carrier (including the Railway Adminis- Provision with tration) is, at the date of commencement of this Act, providing regard to within any area or over any route, a scheduled air transport existing d service in respect of which a licence referred to in sub-section (4) S~, ~fld has not been granted to him, and if such air carrier has been services previously providing the said service regularly as from a date not later operated by the than the eleventh day of October 1946 the commission shall Railway Administration. not grant a licence to any other person for a similar class of air service over substantially the same route or within substantially the same area unless such air carrier has failed to apply for a licence in respect of the service so provided by him, within three months after the commencement of this Act. (2) It shall not be competent for the commission to grant to any person other than the Railway Administration, a licence for a scheduled air transport service over any route which is substantially the same as a route over which the Railway Administration was regularly providing such a service im- mediately prior to the sixth day of September, 1939, but over 67717 0-61-75 PAGENO="1186" 1180 AIR LAWS AND TREATIES OF THE WORLD which it has not been regularly providing such a service between the eleventh day of October, 1946, and the date of commence- ment of this Act, unless the Railway Administration has failed to apply within a period of three months after the com- mencement of this Act for a licence to provide such a service over the route in question. (3) If an air carrier referred to in sub-section (1) has applied for a licence in respect of such a service as is described in that sub-section within a period of three months after the com- mencement of this Act, or if the Railway Administration has, within the said period, applied for a licence for a scheduled air transport service over any route referred to in sub-section (2), the commission shall not refuse the application, but may grant the licence applied for subject to such conditions as may be attached to a licence under section eleven. (4) Any licence to provide an air transport service, granted before the commencement of this Act pursuant to the provisions of Government Notice No. 2143 dated the eleventh day of October, 1946, shall be deemed to have been granted by the commission under this Act if the formalities prescribed by that Notice were duly complied with in connection with the appli- cation for and the granting of such licence, and any conditions attached to such licence shall, in so far as they are not repugnant to any provision of this Act, be deemed to have been attached thereto under this Act. (5) Every licence referred to in sub-section (4) shall remain in force for the period specified in the licence, but nothing in that sub-section contained shall be deemed to curtail the power of the commission under this Act to cancel or suspend or other- wise deal with such a licence as is referred tom that sub-section. (6) If, in any licence referred to in sub-section (4), a period has been specified within which the licensee was required to commence the operation of the air service authorized by the licence, and such period has, at the date of commencement of this Act, not yet expired, it shall not be competent for the com- mission, during the currency of such period, to grant to any other person a licence for a similar class of service within substantially the same area or over substantially the same route as that in respect of which such first-mentioned licence was granted. Presumptions. 21. In any proceedings under this Act- (a) an aircraft which is being used for the provision of an air service shall, until the contrary is proved, be presumed to be so used or caused to be so used by the person in whose name that aircraft is registered in terms of any law relating to the registration of air- craft as to nationality; (b) an air~raft which is registered in the name of a person who is a licensed air carrier, and which is being used for the provision of an air service otherwise than in accordance with the terms and conditions of such air carrier's licence, shall, untIl the contrary is proved, be presumed to be so used or caused to be so used by such air carrier; (c) the conveyance in an aircraft of any person in addition to the normal operating crew, or of any goods shall, PAGENO="1187" AIR LAWS AND TREATIES OF THE WORLD 1181 until the contrary is proved, be presumed to be a con- veyance for reward; (d) a document purporting to be a licence issued under this Act, or a copy of any such licence certified in writing as such by the chairman or secretary of the commission or by any person acting in that capacity, shall be accepted as prima facie evidence of tjie facts stated therein; (e) a certificate signed by the chairman or secretary of the commission or by any person acting in that capacity, that a licence has not been granted by the commission to a specified person, shall be accepted as prima facie evidence of the facts stated therein. 22. The Governor-General may make regulations not in- Regulations. consistent with this Act, with regard to- (a) the manner and form in which any application under this Act shall be addressed to the commission; (b) the nature of the particulars to be furnished with any application under this Act; (c) the manner of publication and the contents of any notice under section five; (d) the manner in which notice of hearings shall be given in terms of section seven; (e) the form of any licence, certificate, summons or other document to be used for the purposes of this Act; (f) the fees payable in respect of the issue, renewal or transfer of licences; (q) the establishment and definition of classification or groups of air carriers or air services; (h) any other matter which by this Act is required to be or may be prescribed or which it may be necessary or expedient to prescribe in order that this Act may be effectively and conveniently administered. 23. All expenditure incurred by the commission in the ad- Revenr~e and ministration of this Act shall be defrayed from the Consolidated 1~~°Act Revenue Fund and all moneys received under this Act shall be patti into the said Fund. 24. The provisions of this Act shall apply in respect of any ~ binds air services provided by the Railway Administration, and shall Administration also apply to the Territory of South-West Africa. and applies to South-West Africa. 25. This Act shrill be called the Air Services Act 1949, and Shc~rt title and shall come into operation on a date to be fixed by the Governor- commencement. General by proclamation in the Gazette PAGENO="1188" PAGENO="1189" ACT TO Amend the Aviation Act, 1923. Act No. 18, 1950. 1183 PAGENO="1190" 1184 AIR LAWS AND TREATIES OF THE WORLD ACT To Amend the Aviation Act, 1923. BE IT ENACTED by the King's Most Excellent ~1ajesty, the Senate and the House of Assembly of the Union of South Africa, as follows:- (English text signed by the Governor-General.) (Assented to 1st May, 1950.) Amendment of 1. Sub-section (1) of section sixteen of the Aviation Act, section 16 of 1923, is hereby amended by the addition thereto of the words-.. Act 16 of 1923. . "and, if such person is the holder of a licence, certificate or rating issued under this Act, the court convicting him may cancel, suspend for a specified period or order the endorsement of such licence, certificate or rating, or if such person is not the holder of any such licence, certificate or rating, the court may declare him to be disqualified from holding any licence, certificate or rating under this Act for such period as the court deems fit" Short title. 2. This Act shall be called the Aviation Amendment Act. 1950. PAGENO="1191" ACT TO Amend the Aviation Act, 1923. Act No.51, 1955. 1185 PAGENO="1192" 1186 AIR LAWS AND TREATIES OF THE WORLD ACT To amend the Aviation Act, 1923. (English text signed by the Governor-General.) (Assented to 20th June, 1955.) BE IT ENACTED by the Queen's Most Excellent Majesty, the Senate and the House of Assembly of the Union of South Africa, as follows:- Amendment of 1. (1) Section three of the Aviation Act, 1923 (hereinafter of 1923, referred to as the principal Act), is hereby amended- as amended by (a) by the substitution in sub-section (1) for the word of 1946. "Governor-General" of the word "Minister"; (b) by the insertion in paragraph (c) of sub-section (1) after the word "six" of the words "and exemption from payment or variation as to the payment of such charges" and by the deletion in that paragraph of the words "the licensing or certificating of persons employed at aerodromes in the inspection or super- vision of aircraft"; (c) by the insertion after paragraph (c) of sub-section (1) of the following paragraphs: "(c)bis the control and management of any aerodrome established and maintained under the provisions of section six, including- (i) the prevention of damage to any runway, taxiway or other works or property connected with such aerodrome; (ii) the regulation or prohibition of vehicular or other traffic within such aerodrome; (iii) the control of aircraft on such aerodrome while such aircraft are not subject to the control of the air traffic control service operating at such aerodrome; (iv) the prevention of damage to aircraft on such aerodrome and the protection of freight carried by such aircraft; (v) the removal of aircraft hulks and aircraft wreckage likely to obstruct any runway or taxiway on such aerodrome, the imposition and recovery of charges for the right to leave an aircraft hulk or any aircraft wreckage on any such aerodrome, and the saving of life in the case of aircraft accidents; (vi) the granting of licences to handling, for- warding, passenger or freight agents, or other persons trading on such aerodrome, and the fees to be paid in respect of each such licence; (vii) the prohibition of smoking on such aero- drome or any part thereof; PAGENO="1193" AIR LAWS AND TREATIES OF THE WORLD 1187 (viii) the discretionary rights and powers which may be exercised in relation to the admission of the public to, or their exclusion from, such aerodrome or any part thereof and the imposition of charges for such admission and exemption from payment or variation as to the payment of such charges; (ix) the regulation or prohibition of the admission of any animal or class of animal to such aerodrome or any part thereof; (x) the prevention of the commission of any nuisance in or on such aerodrome and generally the promotion and ensuring of good sanitation, cleanliness and decency therein or thereon; (xi) the regulation of the handling and storing of goods at such aerodrome, the charges to be made for handling or storing goods and for their care or custody, the terms and conditions upon which they shall be received, the disposal of unclaimed goods and exemption from payment or variation as to the payment of such charges; (xii) the conditions under which and the times when dangerous or offensive classes of goods may be transported or handled at such aerodrome, the prohibition of the transport or handling of those classes of goods, and provision for or sanctioning of the removal or destruction of such goods; (xiii) the use of land forming part of such aero- drome for sites for the bulk storage of liquid fuel and other inflammable sub- stances, for pipe lines, power lines and the like, and whether such lines shall be overhead or underground; (xiv) the installation, maintenance and control of automatic vending, weighing, novelty and similar machines on such aerodrome and the charges to be paid in respect of each such machine; (c)ter the licensing or certificating of persons engaged in the construction, overhaul, maintenance, inspection or supervision of aircraft;"; (d) by the deletion of paragraph (f)bis of sub-section (1); (e) by the substitution for paragraph (j) of sub-section (1) of the following paragraphs: "(j) regulating the lighting or marking of any obstruc- tion exceeding a prescribed height within a prescribed distance from any aerodrome; (j)bis prohibiting or regulating lights at or in the neighbourhood of aerodromes;"; PAGENO="1194" 1188 AIR LAWS AND TREATIES OF THE WORLD Amendment of section 6 of Act 16 of 1923, as amended by section 6 of Act 41 of 1946. (f) by the insertion after paragraph (k) of sub-section (1) of the following paragraph: "(k)bis the prevention or minimizing of interference with the use or effectiveness of radio or electronic apparatus used as aids to safety in air navi- gation;"; (g) by the deletion in the English text of paragraph (q) of sub-section (1) of the word "spare"; (h) by the insertion after paragraph (q) of sub-section (1) of the following paragraph: "(r) prescribing airworthiness requirements (including requirements as to design, performance, operation or maintenance) for aircraft, aircraft components or equipment and the specifications for materials used in, and the standards and processes which shall be observed in, the construction of aircraft, aircraft components or equipment, and such requirements, specifications, standards or pro- cesses, as the case may be, may differ in respect of different classes of aircraft or different types or models of the same class of aircraft or the same type or model of aircraft when used in different categories of operation or different classes or types of aircraft components or equip.. ment;"; and (i) by the insertion after sub-section (1) of the following sub-sections: "(l)bis Different regulations may be made under paragraph (c)bis of sub-section (1) in respect of differ- ent aerodromes established and maintained under the provisions of section six. (l)ter No fees or charges or, where applicable, exemption from payment or variation as to the payment of such charges, shall be prescribed or provided for under sub-section (1) except after con- sultation with the Minister of Finance.". (2) Any regulations made under section three of the principal Act and in force at the commencement of this Act shall be deemed to have been made by the Minister under that section as amended by sub-section (1) of this section. 2. Section six of the principal Act is hereby amended by the addition thereto of the following sub-section: "(3) The Governor-General may, in like manner, acquire land, and interests in~ and rights to and over land, for the purpose of- (a) the construction and maintenance of drainage works for the control and disposal of water which would otherwise gather on an aerodrome established and maintained under the provisions of sub-section (1); (b) the erection and maintenance of warning lights or other aids to safety in air navigation (including pipe lines or power lines or the like, whether underground or overhead, required in connection with such lights PAGENO="1195" AIR LAWS AND TREATIES OF THE WORLD 1189 or other aids) which are deemed necessary in con- nection with any aerodrome in respect of which a licence under the regulations has been or is to be issued.". 3. The following section is hereby inserted in the principal Act after section six: "Access to 6bis. (1) Any person duly authorized thereto land or in writing by the Secretary for Transport may enter ~or ~ any land or structure, after notice to the occupier purposes. thereof, for the purpose of carrying out thereon or therein any such examination or survey as may be necessary to determine its suitability for any of the purposes mentioned in section six or of performing thereon or therein any other act which he is autho- rized to perform thereon or therein by this Act. (2) Any person who hinders or obstructs any person in the exercise of his powers or the per- formance of his duties under sub-section (1) shall be guilty of an offence.". 4. Section seven of the principal Act is hereby repealed. 5. Section sixteen of the principal Act is hereby amended by the insertion in sub-section (2) after the word "owner" where it occurs for the second time of the words "(except in the case of an air carrier as defined in section one of the Air Services Act, 1949 (Act No. 51 of 1949))". 6. Section seventeen of the principal Act is hereby amended by the addition at the end thereof of the following proviso: "Provided that if any such offence is committed within the Union, the offence may be tried by any court having jurisdiction where the offence was committed.". 7. Section eighteen of the principal Act is hereby amended- (a) by the addition at the end of sub-section (1) of the words "and to all Union aircraft and personnel wheresoever they may be."; and (b) by the insertion after sub-section (1) of the following sub-section: "(1)bis For the purposes of sub-section (1) the personnel of an aircraft shall be deemed to include the pilot or other person in charge of the aircraft, and all other members of the crew of the aircraft.". 8. Section twenty of the principal Act is hereby amended- (a) by the deletion of the definition of "air carrier"; (b) by the deletion of the definition of "commercial air service"; and (c) by the substitution for the definition of "Minister" of the following definition: "`Minister' means the Minister of Transport;". 9. This Act shall be called the Aviation Amendment Act, 1955. Insertion of section 6bis in Act 16 of 1923. Repeal of section 7 of Act 16 of 1923. Amendment of section 16 of Act 16 of 1923, as amended by section 1 of Act 18 of 1950. Amendment of section 17 of Act 16 of 1923. Amendment of section 18 of Act 16 of 1923. Amendment of section 20 of Act 16 of 1923, as amended by section 7 of Act 41 of 1946 and section 3 of Act 42 of 1947. Short title. PAGENO="1196" UNITED STATES The present volume contains the following U.S. laws: The Federal Aviation Act of 1958 (Act of August 23, 1958, 72 Stat. 731). The International Aviation Facilities Act (Act of June 16, 1948, 62 Stat. 450, as amended by Act of August 10, 1949, 63 Stat. 591, and Act of August 23, 1958 (Federal Aviation Act of 1958, supra)). The National Aeronautics and Space Act of 1958 (Act of July 29, 1958, 72 Stat. 426). The Act entitled "Crimes in Flight over the High Seas" (Provision in Title 18, U.S.C., 62 Stat. 685, Act of June 25, 1948, as amended by Act of July 12, 1952,66 Stat. 589). The Act entitled "Willful Damaging of Aircraft" (Act of July 14, 1956, 70 Stat. 538). The texts of other pertinent laws, Executive Orders and multi- lateral aviation conventions to which the United States is a party, not contained herein, may be found in "Aeronautical Statutes and Related Materials," revised February 15, 1959 (with later amend- ments), issued by the Civil Aeronautics Board, Washington, D.C. (Superintendent of Documents, U.S. Government Printing Office, Washington 25, D.C.). The table of contents of that volume is as follows: Federal Aviation Act of 1958 1 Reorganization Plan No. 13 of 1950 91 Sherman Act 92 Clayton Act - 94 Railway Labor Act 105 Decision 83 of the National Labor Board 128 Act Relating to Public Airports 131 Washington National Airport, Jurisdiction 132 Administration of Washington National Airport 133 Provisions in 1940 Appropriation Act for Washington National Airport___ 137 Second Washington Airport Act 138 Federal Airport Act 141 Message from the President of the United States 156 Reorganization Plan No. 14 of 1950 [labor standards] 157 Government Surplus Airports and Equipment 159 Alaskan Airports 183 Department of Interior Airports 165 Equipment Trust Provisions 1&7 Government Guaranty of Equipment Loans 168 International Aviation Facilities Act 170 Air Mail Act of 1934 175 Rate of Postage on Domestic Air Mail 176 Postal Rate Revision and Federal Employees Salary Act of 1948 177 Experimental Air Mail Act 178 Transportation of foreign mail by aircraft 180 Alaska Emergency Mail Service 182 Transportation of regular mail in Alaska by air 183 Post roads 1190 PAGENO="1197" AIR LAWS AND TREATIES OF THE WORLD 1191 Air Navigation in the Canal Zone 186 Coast Guard Aids to Navigation and Ocean Stations 187 Printing and distribution of aeronautical charts 191 Regulations Enacted for Preventing Collisions at Sea 193 National Aeronautics and Space Act of 1958 209 Loans of Army Aircraft and Equipment to Civilian Aviation Schools 223 Aircraft Confiscation Act 224 Stowaways 227 Crimes in flight over the high seas 228 Willful damaging of aircraft 229 Study of thunderstorms 232 Provision in Appropriation Act of 1950 233 Provisions in Defense Production Act of 1950 234 Provisions in Federal Trade Commission Act - 235 Provisions In Part II of Interstate Commerce Act 236 Provisions in Federal Explosives Act 238 Provisions in Internal Revenue Code 239 Provisions in the Tariff Act of 1930 242 Provisions in the Transportation Act of 1940 244 Provisions in the Communications Act of 1934 245 Provisions in the Immigration and Nationality Act 246 Control of Transportation Systems in Time of War 247 Executive Order No. 9746 [Canal Zone] 248 Executive Order No. 10480 [Office of Defense Mobilization] 250 Executive Order No. 10536 [Federal Airport Act] 251 Executive Order No. 10655 [Air Coordinating Committee] 252 Executive Order No. 10764 [Suspension 8-hour Work Law] 254 Executive Order No. 10786 [Transfer Functions Air. Mod. Bd. to FAA]~_ 255 Executive Order No. 10797 [Authority Delegated to Bureau of the Budget]_ 256 Opinions of the Attorney General 257 Warsaw Convention (and Protocol) 290 Convention on International Civil Aviation 332 Protocol to Convention on International Civil Aviation 364 International Air Services Transit Agreement 368 Convention on the International Recognition of Rights in Aircraft 375 Administrative Procedure Act 384 The regulations concerning aviation constitute Title 14 of the Code of Federal Regulations, as amended. PAGENO="1198" 1192 AIR LAWS AND TREATIES OF THE WORLD FEDERAL AVIATION ACT OF 1958 [Act of A'i~gust ~3, 1958, 7~3 Stat. 7~?11] AN ACT To continue the Civil Aeronautics Board as an agency of the United States, to create a Federal Aviation Agency, to provide for the regulation and promotion of civil aviation in such manner as to best foster its development and safety, and to provide for the safe and efficient use of the airspace by both civil and military aircraft, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of An-terica in Congress assen~bled, That this Act, divided into titles and sections according to the following table of contents, may be cited as the "Federal Aviation Act of 1958": TABLE OF CONTENTS TITLE I-GENERAL PROVISIONS Sec. 101. Definitions. Sec. 102. Declaration of policy: The Board. Sec. 103. Declaration of policy: The Administrator. Sec. 104. Public right of transit. TITLE Il-CIVIL AERONA1JTICS BOARD; GENERAL POWERS OF BOARD Sec. 201. Continuation of existing Board. (a) General. (b) Qualifications of members. (c) Quorum, principal office, and seal. Sec. 202. Miscellaneous. (a) Officers and employees. (b) Supergrades. (c) Temporary personnel. (d) Cooperation with other Federal agencies. Sec. 203. Authorization of expenditures and travel. (a) General authority. (b) Travel. Sec. 204. General powers and duties of the Board. (a) General powers. (b) Cooperation with State aeronautical agencies. (c) Exchange of information. (d) Publications. See. 205. Annual report. TITLE Ill-ORGANIZATION OF AGENCY AND POWERS AND DUTIES OF ADMINISTRATOR Sec. 301. Creation of Agency. (a) General. (b) Qualifications of Administrator. (c) Principal office and seal. Sec. 302 Organization of Agency. (a) Deputy Administrator. (b) Qualifications and status of Deputy Administrator. (c) Military participation. (d) Exchange of information. (e) Emergency status. (f) Officers and employees. (g) Study of special personnel problems. (h) Scientific employees. (i) Advisory committees and consultants. (j) Supergrades. (k) Cooperation with other agencies. PAGENO="1199" AIR LAWS AND TREATIES OF THE WORLD 1193 Sec. 303. Administration of the Agency. (a) Authorization of expenditures and travel. (b) Supplies and materials for overseas installations. (c) Acquisition and disposal of property. (d) Delegation of functions. Sec. 304. Authority of President to transfer certain functions. Sec. 305. Fostering of air commerce. Sec. 306. National defense and civil needs. Sec. 307. Airspace control and facilities (a) Use of airspace. (b) Air navigation facilities. (c) Air traffic rules. (d) Applicability Of Administrative Procedure Act. (e) Exemptions. (f) Exception for military emergencies. Sec. 308. Expenditure of Federal funds for certain airports, etc. (a) Airports for other than military purposes. (b) Location of airports, landing areas, and missile and rocket sites. Sec. 309. Other airports. Sec. 310. Meteorological service. Sec. 311. Collection and dissemination of information. Sec. 312. Development planning. (a) General. (b) Aircraft. (c) Research and development. Sec. 313. Other powers and duties of Administrator. (a) GeneraL (b) Publications. (c) Power to conduct hearings and investigations. (d) Training schools. (e) Annual report. Sec. 314. Delegation of powers and duties to private persons. (a) Delegation by Administrator. (b) Application for reconsideration. TITLE IV-AIR CARRIER ECONOMIC REGIYLATION Sec. 401. Certificate of public convenience and necessity. (a) Certificate required. (b) Application for certificate. (c) Notice of application. (d) Issuance of certificate. (e) Terms and conditions of certificate. (f) Effective date and duration of certificate. (g) Authority to modify, suspend, or revoke. (h) Transfer of certificate. (i) Certain rights not conferred by certificate. (j) Application for abandonment. (k) Compliance with labor legislation. (1) Requirement as to carriage of mail. (m) Application for new mail service. Sec. 402. Permits to foreign air carriers. (a) Permit required. (b) Issuance of permit. (c) Application for permit. (d) Notice of application. (e) Terms and conditions of permit. (f) Authority to modify, suspend, or revoke. (g) Transfer of permit. Sec. 403. Tariffs of air carriers. (a) Filing of tariffs required. (b) Observance of tariffs; rebating prohibited. (c) Notice of tariff change. (d) Filing of divisions of rates and charges required. Sec. 404. Rates for carriage of persons and property. (a) Carrier's duty to provide service, rates, and divisions. (b) Discrimination. PAGENO="1200" 1194 AIR LAWS AND TREATIES OF THE WORLD Sec. 405. Transportation of mail. (a) Postal rules and regulations. (b) Mail schedules. (c) Maximum mail load. (d) Tender of mail. (e) Foreign postal arrangement. (f) Transportation of foreign mail. (g) Evidence of performance of mail service. (h) Emergency mall service. (i) Experimental airmail service. (j) Free travel for postal employees. Sec. 406. Rates for transportation of mail. (a) Authority to fix rates. (b) Ratemaking elements. (c) Payment. (d) Treatment of proceeds of disposition of certain property. (e) Statement of Postmaster General and carrier. (f) Weighing of mail. (g) Availability of appropriations. (h) Payments to foreign air carriers. Sec. 407. Accounts, records, and reports. (a) Filing of reports. (b) Disclosure of stock ownership. (c) Disclosure of stock ownership by officer or director. (d) Form of accounts. (e) Inspection of accounts and property. Sec. 408. Consolidation, merger, and acquisition of control. (a) Acts prohibited. (b) Powerof Board. (c) Interests in ground facilities. (d) Jurisdiction of accounts of noncarriers. (e) Investigation of violations. Sec. 409. Prohibited interests. (a) Interlocking relationships. (b) Profit from transfer of securities. Sec. 410. Loans and financial aid. Sec. 411. Methods of competition. Sec. 412. Pooling and other agreements. (a) Filing of agreements required. (b) Approval by Board. Sec. 413. Form of control. Sec. 414. Legal restraints. Sec. 415. Inquiry into air carrier management. Sec. 416. Classification and exemption of carriers. (a) Classification. (b) Exemptions. TITLE V-NATIONALITY AND OWNERSHIP OF AIRCRAFT Sec. 501. Registration of aircraft nationality. (a) Registration required. (b) Eligibility for registration. (c) Issuance of certificate. (d) Applications. (e) Suspension or revocation. (f) Effect of registration. Sec. 502. Registration of engines, propellers, and appliances. Sec. 503. Recordation of aircraft ownership. (a) Establishment of recording system. (b) Recording of releases. (c) Conveyances to be recorded. (d) Effect of recording. (e) Form of conveyances. (f) Index of conveyances. (g) Regulations. (h) Previously unrecorded ownership. Sec. 504. Limitation of security owners liability. Sec. 505. Dealers' aircraft registration certificates. PAGENO="1201" AIR LAWS AND TREATIES OF THE WORLD 1195 TITLE 171-SAFETY REGULATIONS OF CIVIL AERONAUTICS Sec. 601. General safety powers and duties. (a) Minimum standards; rules and regulations. (b) Needs of service to be considered; classification of standards, etc. (c) Exemptions. Sec. 602. Airman certificates. (a) Power to issue certificate. (b) Issuance of certificate. (c) Form and recording of certificate. Sec. 603. Aircraft certificates. (a) Type certificates. (b) Production certificate. (c) Airworthiness certificate. Sec. 604. Air carrier operating certificates. (a) Power toissue. (b) Issuance. Sec. 605. Maintenance of equipment in air transportation. (a) Duty of carriers aiid airmen. (b) Inspection. Sec. 606. Air navigation facility rating. Sec. 607. Air agency rating. Sec. 608. Form of applications. Sec. 609. Amendment, suspension, and revocation of certificates. Sec. 610. Prohibitions. (a) Violations of title. (b) Exemption of foreign aircraft and airmen. TITLE 1711-AIRCRAFT ACCIDENT INVESTIGATION Sec. 701. Accidents involving civil aircraft. (a) General duties. (b) Temporary personnel. (c) Conduct of investigations. (d) Aircraft. (e) Use of records and reports as evidence. (f) Use of Agency in accident investigations. (g) Participation by Agency. Sec. 702. Accidents involving military aircraft. Sec. 703. Special boards of inquiry. TITLE Vill-OTHER ADMINISTRATIVE AGENCIES Sec. 801. The President of the United States. Sec. 802. The Department of State. See. 803. Weather Bureau. TITLE IX-PENALTIES Sec. 901. Civil penalties. (a) Safety and postal offenses. (b) Liens. Sec. 002. Criminal penalties. (a) General. (b) Forgery of certificates and false marking of aircraft. (c) Interference with air navigation. (d) Granting rebates. (e) Failure to file reports; falsification of records. (f) Divulging information. (g) Refusal to testify. (h) Transportation of explosives and other dangerous articles. Sec. 903. Venue and prosecution of offenses. (a) Venue. (b) Procedure in respect of civil penalties. See. 904. Violations of Sec. 1109. 67717 O-61----:76 PAGENO="1202" 1196 AIR LAWS AND TREATIES OF THE WORLD TITLE X-~PROCEDIJRE Sec. 1001. Conduct of proceedings. Sec. 1002. Complaints to and investigations by the Administrator and the Boar& (a) Filing of complaints authorized. (b) Investigations on initiative of Administratoror Board. (c) Entry of orders f~r compliance with Act. (d) Power to prescribe rates and practices of air carriers. (e) Rule of ratemaking. (f) Removal of discrimination in foreign air transportation. (g) Suspension of rates. (h) Power to prescribe divisions of rates. (I) Power to establish through air transportation service. Sec. 1003. Joint boards. (a) Designation of boards. (b) Through service and joint rates. (c) Jurisdiction of boards. (d) Power of boards. (e) Judicial enforcement and review. Sec. 1004. Evidence. (a) Power to take evidence. (b) Power to issue subpena. (c) Enforcement of subpena. (d) Contempt. (e) Deposition. (f) Method of taking depositions. (g) Foreign depositions. (Ii) Fees. (i) kJompelling testimony. Sec. 1005. Orders, notices, and service. (a) Effective date of orders; emergency orders. (b) Designation of agent for service. (c) Other methods of service. (d) Suspension or modification of order. (e) Compliance with order required. (f) Form and service of orders. Sec. 1006. Judicial review of orders. (a) Orders of Board and Administrator subject to review. (b) Venue. (c) Notice to Board or Administrator; filing of transcript. (d) Power of court. (e) Findings of fact conclusive. (f) Certification of certiorari. Sec. 1007. Judicial enforcement. (a) Jurisdiction of court. (b) Application for enforcement. Sec. 1008. Participation in court proceedings. Sec. 1009. Joinder of parties. TITLE XI-MISOELLANEOtTS Sec. 1101. Hazards to air commerce. Sec. 1102. International agreements. Sec. 1103. Nature and use of documents filed. Sec. 1104. Withholding of information. Sec. 1105. Cooperation with Government agencies. Sec. 1106. Remedies not exclusive. Sec. 1107. Public use of facilities. Sec. 1108. Foreign aircraft. Sec. 1109. Application of existing laws relating to foreign commerce. Sec. 1110. Geographical extension of jurisdiction. TITLE XII-SECTJRITY PROVISIONS Sec. 1201. Purpose. Sec. 1202. Security control of air traffic. Sec. 1203. Penalties. PAGENO="1203" AIR LAWS AND TREATIES OF THE WORLD 1197 TITLE Xm-WAR RISK INSURANCE Sec. 1301. Definitions. (a) American aircraft. (b) War risks. (c) Secretary. (d) Insurance company and insurance carrier. Sec. 1302. Authority to insure. (a) Power of Secretary. (b) Basis of insurance. Sec. 1303. Insurable persons, property, or interests. (a) Aircraft. (b) Cargo. (c) Personal effects and baggage. (d) Persons. (e) Other interests. Sec. 1304. Insurance for departments and agencies. (a) Exception. (b) Indemnity agreements. Sec. 1305. Reinsurance. (a) Who may be reinsured. (b) Rates for reinsurance. Sec. 1306. Collection and disbursement of funds. (a) Treasury revolving fund. (b) Appropriations. (c) Revolving fund excess. (d) Annual payment of costs. (e) Civil Service retirement system. Sec. 1307. Administrative powers of Secretary. (a) Regulatory and settlement. (b) Forms, policies, amounts insured, and rates. (c) Manner of administration. (d) Employment of aviation insurance companies and agents. (e) Cooperation with other agencies. (f) Budget program and accounts. Sec. 1308. Rights of airmen under existing law. Sec. 1309. Annual and quarterly reports to Congress. Sec. 1310. Judicial review of claims. Sec. 1311. Insurance of excess with other underwriters. Sec. 1312. Termination of title. TITLE XIV-REPEALS AND AMENDMENTS Sec. 1401. Repeals. Sec. 1402. Amendments to acts relating to airports. (a) Act relating to public airports. (b) Fedeval Airport Act. (c) Government Surplus Airports and Equipment Act. (d) Alaskan Airports Act. (e) Department of Interior Airports Act. (f) Washington National Airport Act. (g) Second Washington Airport Act. Sec. 1403. Amendments to the International Aviation Facilities Act. Sec. 1404. Amendments to Act relating to Coast Guard aids to navigation and ocean stations. Sec. 1405. Amendments to Federal Explosives Act. Sec. 1406. Amendments to Federal Property and Administrative Services Act of 1949. Sec. 1407. Amendments to Act relating to purchase and manufacture of mate- rials and supplies. Sec. 1408. Amendments to Experimental Air Mail Act. Sec. 1409. Amendments to Transportation of Foreign Mail by Aircraft Act. Sec. 1410. Amendments to Act relating to transportation of regular mail to Alaska by air. Sec. 1411. Amendment to provision in the Federal Trade Commission Act. PAGENO="1204" 1198 AIR LAWS AND TREATIES OF THE WORLD TITLE XV-SAVING PROVISIONS AND EFFECTIVE DATE ~Sec. 1501. Effect of transfers, repeals, and amendments. (a) Existing rules, regulations, orders, and so forth. (b) Pending administrative proceedings. (c) Pending judicial proceedings. Sec. 1502. Personnel, property, and appropriations. Sec. 1503. Members, officers, and employees of the Board. Sec. 1504. SeparabilIty. Sec. 1505. Effective date. TITLE I-GENERAL PROVISIONS DEFINITIONS SEC. 101. [72 Stat. 737,49 U.S.C. 1301] As used in this Act, unless the context otherwise requires- (1) "Administrator" means the Administrator of the Federal Avi- ation Agency. (2) "Aeronautics" means the science and art of flight. (3) "Air carrier" means any citizen of the United States who undertakes, whether directly or indirectly or by a lease or any other arrangement, to engage in air transportation; Provided, That the Board may by order relieve air carriers who are not directly engaged in the operation of aircraft in air transportation from the provisions of this Act to the extent and for, such periods as may be in the public interest. (4) "Air commerce" means interstate, overseas, or foreign air com- merce or the transportation of mail by aircraft or any operation or navigation or aircraft within the limits of any Federal airway or any operation or navigation of aircraft which directly affects, or which may endanger safety in, interstate, overseas, or foreign air commerce. (5) "Aircraft" means any contrivance now known or hereafter invented, used, or designed for navigation of or flight in the air. (6) "Aircraft engine" means an engine used, or intended to be used, for propulsion of aircraft and includes all parts, appurtenances, and accessories thereof other than propellers. (7) "Airman" means any individual who engages, as the personin command or as pilot, mechanic, or member of the crew, in the naviga- tion of aircraft while under way; and (except to the extent the Administrator may otherwise provide with respect to individuals employed outside the United States) any individual who is directly in charge of the inspection, maintenance, overhauling, or repair of aircraft, aircraft engines, propellers, or appliances; and any individ- ual who serves in the capacity of aircraft dispatcher or air-traffic control-tower operator. (8) "Air navigation facility" means any facility used in, available for use in, or designed for use in, aid of air navigation, including landing areas, lights, any apparatus or equipment for disseminating weather information, for signaling, for radio-directional finding, or for, radio or other electrical communication, and any other structure or mechanism having a similar purpose for guiding or controlling flight in the air or the landing and take-off of aircraft. (9) "Airport" means a landing area used regularly by aircraft for receiving or discharging passengers or cargo. PAGENO="1205" AIR LAWS AND TREATIES OF THE WORLD 1199 (10) "Air transportation" means interstate, overseas, ot foreign air transportation or the transportation of mail by aircraft. (11) "Appliances" means instruments, equipment, apparatus, parts, appurtenances, or accessories, of whatever description, which are used, or are capable of being or intended to be used, in the navigation, oper- ation, or control of aircraft in flight (including parachutes and including communication equipment and any other mechanism or mechanisms installed in or attached to aircraft during flight), and which are not a part or parts of aircraft, aircraft engines, or propellers. (12) "Board" means the Civil Aeronautics Board. (13) "Citizen of the United States" means (a) an individual who is a citizen of the United States or of one of its possessions, or (b) a partnership of which each member is such an individual, or (c) a cor- poration or association created or organized under the laws of the United States or of any State, Territory, or possession of the United States, of which the president. and two-thirds or more of the board of directors and other managing officers thereof are such individuals and in which at least 75 per.centum of the voting interest is owned or con- trolled by persons who are citizens of the United States or of one of its possessions. (14) "Civil aircraft" means any aircraft other than a public air- craft. (15) "Civil aircraft of the United States" means any aircraft registered as provided in this Act. (16) "Conditional sale" means (a) any contract for the sale of an aircraft, aircraft engine, propeller, appliance, or spare part under which possession is delivered to the buyer and the property is to vest in the buyer at a subsequent time, upon the payment of part or all of -the price, or upon the performance of any other condition or the hap- pening of any contingency; or (b) any contract for the bailment or leasing of an aircraft, aircraft engine, propeller, appliance, or spare part, by which the bailee or lessee contracts to pay as compensation a sum substantially equivalent to the value thereof, and by which it is agreed that the bailee or lessee is bound to become, or has the option of becoming, the owner thereof upon full compliance with the terms of the contract. The buyer, bailee, or lessee shall be deemed to be the person by whom any such contract is made or given. (17) "Conveyance" means a bill . of sale, contract of conditional sale, mortgage, assignment of mortgage, or other instrument affecting title to, or interest in, property. (18) "Federal airway" means a portion of the navigable airspace of the United States designated by the Administrator as a Federal airway. (19) "Foreign air carrier" means any person, not a citizen of the United States, who undertakes, whether directly or indirectly or by lease or any other arrangement, to engage in foreign air transporta- tion. (20) "Interstate air commerce", "overseas air commerce", and "f or- eign air commerce", respectively, mean the carriage by aircraft of persons or property for compensation or hire, or the carriage of mail by aircraft, or the operation or navigation of aircraft in the conduct PAGENO="1206" 1200 AIR LAWS AND TREATIES OF THE WORLD or furtherance of a business or vocation, in commerce between, re- spectively- . (a) a place in any State of the United States, or the District of Columbia, and a place in any other State of the United States, ot the District of Columbia; or between places in the same State of the United States through the airspace over any place outside thereof; or between places in the same Territory or possession of the United States, or the District of Columbia; (b) a place in any State of the United States, or the District of Columbia, and any place in a Territory or possession of the United States; or between a place in a Territory or possession of the United States, and a place in any other Territory or posses- sion of the UnitedStates; and (c) a place in the United States and any place outside thereof; whether such commerce moves wholly by aircraft or partly by air- craft and partly by other forms of transportation. (21) "Interstate air transportation", "overseas air transportation", and "foreign air transportation", respectively, mean the carriage by aircraft of persons or property as a common carrier for compensation or hire or the carriage of mail by aircraft, in commerce between, respectively- (a) a place in any State of the United States, or the District of Columbia, and a place in any other State of the United States, or the District of Columbia; or between places in the same State of the United States through the airspace Over any place outside thereof; or between places in the same Territory or possession of the United States, or the District of Columbia; (b) a place in any State of the United States, or the District of Columbia., and any place in a Territory or possession of the United States; or between a place in a Territory or possession of the United Stntes, and a place in any other Territory or posses- sion of the United States; and (c) a place in the United States and any place outside thereof; whether such commerce moves wholly by aircraft or partly by aircraft and partly by other forms of transportation. (22) "Landing area" means any locality, either of land or water, including airports and intermediate landing fields, which is used, or intended to be used, for the landing and take-off of aircraft, whether or not facilities are provided for the shelter, servicing, or repair of aircraft, or for receiving or discharging passengers or cargo. (23) "Mail." means United States mail and foreign-transit mail. (24) "Navigable airspace" means airspace above the minimum al- titudes of flight prescribed by regulations issued under this Act, and shall include airspace needed to insure safety in take-off and landing of aircraft. (25) "Navigation of aircraft" or "navigate aircraft" includes the piloting of aircraft.. (26) "Operation of aircraft" or "operate aircraft" means the use of aircraft, for the purpose of air navigation and includes the navigation of aircraft. Any person who causes or authorizes the operation of aircraft, whether with or without the right of legal control (in the capacity of owner, lessee, or otherwise) of the aircraft, shall be deemed PAGENO="1207" AIR LAWS AND TREATIES OF THE WORLD 1201 to be engaged in the operation of aircraft within the meaning of this Act. (27) "Person" means any individual, finn, copartnership, corpora- tion, company, association, joint-stock association, or body politic; and includes any trustee, receiver, assignee, or other similar repre- sentative thereof. (28) "Propeller" includes all parts, appurtenances, and accessories thereof. (29) "Possessions of the United States" means (a) the Canal Zone, but nothing herein shall impair or affect the jurisdiction which has heretofore been, or may hereafter be, granted to the President in respect of air navigation in the Canal Zone; and (b) all other posses- sions of the United States. Where not otherwise distinctly expressed or manifestly incompatible with the intent thereof, references in this Act to possessions of the United States shall be treated as also refer- ring to the Commonwealth of Puerto Rico. (30) "Public a.ircraft" means an aircraft used exclusively in the service of any government or of any political subdivision thereof in- cluding the government of any State, Territory, or possession of the United States, or the District of Columbia, but not including any government-owned aircraft engaged in carrying persons or property for commercial purposes. (31) "Spare parts" means parts, appurtenances, and accessories of aircraft (other than aircraft engines and propellers), of aircraft engines (other than propellers), of propellers and of appliances, maintained for installation or use in an* aircraft, aircraft engine, propeller, or appliance, but which at the time are not installed therein or attached thereto. (32) "Ticket agent" means any person, not an air carrier or a for- eign air carrier and not a bona fide employee of an air carrier or foreign air carrier, who, as principal or. agent, sells or offers for sale any air transportatiOn, or negotiates for, or holds himself `out by solici- tation, advertisement, or otherwise as one who sells, provides, fur- nishes, contracts or arranges for, such transportation. (33) "United States" means the several States, the District of Columbia, and the several Territories and possessions of the United States, including the territorial waters and the overlying airspace thereof. DECLARATION OF 1~oLICY: THE BOARD SEC. 102. [72 Stat. 740, 49 U.S.C. 1302] In the exercise and per- formance of its powers and duties under this Act, the Board shall consider the following, among other things, as being in the public interest, and in accordance with the public convenience and necessity: (a) The encouragement and development of an air-transportation system properly adapted to the present and future needs of the f or- eign and domestic commerce of the United States, of the Postal Service, and of the national defense; (b) The regulation of air transportation in such manner as to recog- .nize and preserve the inherent advantages of, assure the highest degree `of safety in, and foster sound economic conditiOns in, such transporta- tion, and to improve the relations between, and coordinate. transpor- ~tation by, air carriers; . ` PAGENO="1208" 1202 AIR LAWS AND TREATIES OF THE WORLD (c) The promotion of adequate, economical, and efficient service by air carriers at reasonable charges, without unjust discriminations, undue preferences or advantages, or unfair or destructive competitive practices; (d) Competition to the extent necessary to assure the sound de- velopment of an air-transportation system properly adapted to the needs of the foreign and domestic commerce of the United States, of the Postal Service, and of the national defense; (e) The promotion of safety in air commerce; and (f) The promotion, encouragement, and development of civil aeronautics. DECLARATION OF POLICY: ,TIIE ADMINISTRATOR SEC. 103. [72 Stat. 740, 49 U.S.C. 1303] In the exercise and per- formance of his powers and duties under this Act the Administrator shall consider the following, among other things, as being in the public interest: (a) The regulation of air commerce in such manner as to best pro- mote its development and safety and fulfill the requirements of national defense; (b) The promotion, encouragement, and development of civil aeronautics; (c) The control of the use of the navigable airspace of the United States and the regulation of both civil and military operations in such airspace in the interest of the safety and efficiency of both; (d) The consolidation of research and development with respect to air navigation facilities, as well as the installation and operation thereof; (e) The development and operation of a common system of air traffic control and navigation for both military and civil aircraft. PUBLIC RIGHT OF TRANSIT SEC. 104. [72 Stat. 740,49 U.S.C. 1304] There is hereby recognized and declared to exist in behalf of any citizen of the United States a public right of freedom of transit through the navigable airspace of the United States. TITLE IT-CIVIL AERONAUTICS BOARD; GENERAL POWERS OF BOARD CONTINUATION OF EXISTING BOARD General SEC. 201. [72 Stat. 741, 49 U.S.C. 1321] (a) (1) The Civil Aero- nautics Board, created and established under the name "Civil Aero- nautics Authority" by section 201 of the Civil Aeronautics Act of 1938 and redesignated as the "Civil Aeronautics Board" by Reorganization Plan No. IV of 1940, is hereby continued as an agency of the United States, and shall continue to be composed of five members appointed by the President, by and with the advice and consent of the Senate, for terms of six years, beginning upon the expiration of the terms for which their predecessors were appointed, except that any person appointed PAGENO="1209" AIR LAWS AND TREATIES OF THE WORLD 1203 to ff1 a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remain- der of such term; but upon the expiration of his term of office a member shall continue to serve until his successor is appointed and shall have qualified. (2) The members of the Board may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. No more than three of the members shall be appointed from the same political party. The President shall designate annually one of the members of the Board to serve as chairman and one of the members to serve as vice chairman, who shall act as chairman in the absence or incapacity of the chairman. Each member of the Board shall receive a salary at the rate of $20,000 per annum., except that the member serving as chairman shall receive a salary at the rate of $20,500 per annum. Qualifications of Members (b) The members of the Board shall be appointed with due regard to their fitness for the efficient dispatch of the powers and duties vested in and imposed upon the Board by this Act. Each member of the Board shall be a citizen of the United States and no member of the Board shall have any pecuniary interest in or own any stock in or Bonds of any civil aeronautics enterprise. No member of the Board shall engage in any other business, vocation, or employment. Quorum, Principal Office, and Seal (c) Three of the members shall constitute a quorum of the Board. The principal office of the Board shall be in the District of Columbia where its general sessions shall be held, but whenever the convenience of the public or of the parties may be promoted, or delay or expense may be prevented, the Board may hold hearings or other proceedings at any other place. The Board shall have an official seal which shall be judicially noticed and which shall be preserved in the custody of the secretary of the Board. * MISCELLANEOUS Officers and Employees SEc. 202. [72 Stat. 741, 49 U.S.C. 1322] (a) The Board is author- ized, without regard to the civil-service and classification laws,' to appoint and prescribe the duties and fix the compensation of a secretary of the Board, and to fix the compensation of a secretary and an admin- istrative assistant for each member, and subject to the civil-service and classification laws,2 to select, employ, appoint, and fix the compen- sation of such officers, employees, attorneys, and agents as shall be necessary to carry out the provisions of this Act, and to define their authority and duties. Supergrades (b) Subject to the standards and procedures of section 505 of the Classification Act of 1949, as amended, the Board is authorized to ~ But see Act of November 26, 1940, M Stat. 1211, 5 U.S.C. 631a. ~ThW. PAGENO="1210" 1204 AIR LAWS AND TREATIES OF THE WORLD place not to exceed eight positions in grades 16, 17, and 18 of the General Schedule established by such Act. Such positions shall be in addition to the number of positions authorized to be placed in such grades by such section 505, the number of positions allocated to the Board under such section, and the number of positions au- thorized for the Board by Public Law 85-469 (72 Stat. 237). The number of positions authorized for the Board by Public Law 85- 469 shall not cause a reduction in total number of positions under section 505(h) of the Classification Act of 1949, as amended. Temporary Personnel (c) The Board may, from time to time, without regard to the pro- visions of the civil-service laws, engage for temporary service such duly qualified consulting engineers or agencies, or other qualified per- sons as are necessary in the exercise and performance of the powers and duties of each, and fix the compensation of such engineers, agen- cies, or persons without regard to the Classification Act of 1949, as amended, and the expenses of such employment shall be paid out of sums appropriated for the expenses of the Board. Cooperation With Othcr Federal Agencies (d) The Board is authorized to use, with their consent, the avail- able services, equipment, personnel, and facilities of other civilian or military agencies and instrumentalities of the Federal Government, on a reimbursable basis when appropriate, and on a similar basis to cooperate with such other agencies and instrumentalities in the estab- lishment and use of services, equipment, and facilities of the Board. AUTHORIzATION OF EXPENDITURES AND TRAVEL General Authority SEc. 203. [72 Stat. 742, 49 U.S.C. 1323] (a) The Board is empow- ered to make such expenditures at the seat of government and else- where as may be necessary for the exercise and performance of the powers and duties vested in and imposed upon the Board by law, and as from time to time may `be appropriated for by Congress, including expenditures for (1) rent and personal services at the seat of govern- ment and elsewhere; (2) travel expenses; (3) office furniture, equip- ment and supplies, lawbooks, newspapers, periodicals, and books of reference (including the exchange thereof); (4) printing and bind- ing; (5) membership in and cooperation with such organizations as are related to, or are part of, the civil-aeronautics industry or the art of aeronautics in the United States or in any foreign country; (6) making investigations and conducting studies in matters pertaining to aeronautics; and (7) acquisition (including exchange), operations and maintenance of passenger-carrying `automobiles and aircraft, and such other property as is necessary in the exercise and performance of the powers and duties of the Board: Provided, That no aircraft or motor vehicle purchased under `the provisions of this section, shall be used otherwise than for official business. PAGENO="1211" AIR LAWS AND TREATIES OF THE WORLD 1205 Travel (b) Travel by personnel of the United States Government on com- mercial aircraft, domestic or foreign, including travel between air- ports and centers of population or posts of duty when incidental to travel on commercial aircraft, shall be allowed at public expense when authorized or approved by competent authority, and transpor- tation requests for such travel may be issued upon such authoriza- tions. Such expense shall be allowed without regard to comparative costs of transportation by aircraft with other modes of transportation. GENERAL POWERS AND DUTIES OF THE BOARD General Powers SEC. 204. [7~ Stat. 743, 49 U.S.C. 13~4] (a) The Board is empow- ered to perform such acts, to conduct such investigations, to issue and amend such orders, and to make and amend such general or special rules, regulations, and procedure, pursuant to and consistent with the provisions of this Act, as it shall deem necessary to carry out the provisions of, and to exercise and perform its powers and duties under this Act. Cooperation With State Aeronautical Agencies (b) The Board is empowered to confer with or to hold joint hear- ings with any State aeronautical agency, or other State agency, in connection with any matter arising under this Act within its jurisdic- tion, and to avail itself of the cooperation, services, records, and f a- cilities of such State agencies as fully as may be practicable in the administration and enforcement of this Act. Exchange of Information (c) The Board is empowered to exchange with foreign govern- ments, through appropriate agencies of the United States, informa- tion pertaining to aeronautics. Publications (d) Except as may `be otherwise provided in this Act, the Board shall make a report in writing in all proceedings and investigations under this Act in which formal hearings have been held, and shall state in such report its conclusions together with its decision, order, or requirement in the premises. All such reports shall be entered of record and a copy thereof shall be furnished to all parties to the pro- ceeding or investigation. The Board shall provide for the publica- tion of such reports, and all other reports, orders, decisions, rules, and regulations issued by it under this Act in such form and manner as may be best adapted for public information and use. Publications purporting to be published by the Board shall be competent evidence of the orders, decisions, rules, regulations, and reports of the Board therein contained in all courts of the United States, and of the sev- eral States, Territories, and possessions thereof, and the District of Columbia, without further proof or authentication thereof. PAGENO="1212" 1206 AIR LAWS AND TREATIES OF THE WORLD ANNUAL REPORT SEO. 205. [72 Stat. 744, 49 U.S.C. .1325] The Board shall make an annual report to the Congress, copies of which shall be distributed as are other reports transmitted to Congress. Such report shall contain in addition to a report of `the work performed under this Act, such information and data collected by the Board as may be considered of value in the determination of questions connected with the develop- ment and regulation of civil aeronautics, together with such recom- mendations as to additional legislation relating thereto as the Board may deem necessary, and the Board may also transmit recommenda- tions as to legislation at any other time. TITLE ITT-ORGANIZATION OF AGENCY AND POWERS AND DUTIES OF ADMINISTRATOR CREATION OF AGENCY General SEC. 3O1. [72 Stat. 744, 49 U.S.C. 1341] (a) There is hereby estab- lished the Federal Aviation Agency, referred to in this Act as the "Agency". The Agency shall be headed by an Administrator who shall be appointed by the President, by and with the advice and con- sent of the Senate, and who shall receive compensation at the rate of $22,500 per annum. The Administrator shall be responsible for the exercise of all powers and the discharge of all duties of the Agency, and shall have authority and control over all personnel and activities thereof. In. the exercise of his duties and the discharge of his re- sponsibilities under this Act, the Administrator shall not submit his decisions for the approval of, nor be bound by the decisions or rec- ommendations of, any committee, board, or other organization created by Executive order. Qualifications of Administrator (b) The Administrator shall be a citizen of the United States, and shall be appointed with due regard for his fitness for the efficient dis- charge of the powers and duties vested in and imposed upon him by this Act. At the time of his nomination he shall be a civilian and shall have had experience in a field directly related to aviation. The Administrator shall. have no pecuniary interest in or own any stock in or bonds of any aeronautical enterprise nor shall he engage in any other business, vocation, or employment. Principal Office and Seal (c) The principal office of the Agency shall be in or near the Dis- trict of Columbia, `but it may act and exercise all its powers at any other place. The Agency shall have an official seal which shall be judicially noticed. ORGANIZATION OF AGENCY Deputy Administrator SEc. 302. [793 Stat. 744,49 U.S.C. 1342,1342] (a) There shall be a Deputy Administrator of the Agency who shall be appointed by the PAGENO="1213" AIR LAWS AND TREATIES OF THE WORLD 1207 President by and with the advice and consent of the Senate. The Deputy Administrator shall receive compensation at the rate of $20,50() per annum, and shall perform such duties and exercise such powers as the Administrator shall prescribe. The Deputy Administrator shall act for, and exercise the powers of, the Administrator during his absence or disability. QUALIFICATIONS AND STATUS OF DEPUTY ADMINISTRATOR (b) The Deputy Administrator shall be a citizen of the United States, and shall be appointed with due regard for his fitness for the efficient discharge of the powers and duties vested in and imposed upon him by this Act. At the time of his nomination he shall have had experience in a field directly related to aviation. He shall have no pecuniary interest in nor own any stocks in or bonds of any aeronau- tical enterprise, nor shall he engage in any other business, vocation, or employment. Nothing in this Act or other law shall preclude ap- pointment to the position of Deputy Administrator of an officer on active duty with the armed services; except that if the Administrator is a former regular officer of any one of the armed services, the Deputy Administrator shall not be an officer on active duty with one of the armed services or a retired regular officer or a former regular officer of one of the armed services. Any officer on active duty or any retired officer, while serving as Deputy Administrator, shall continue to hold rank and grade not lower than that in which serving at the time of his appointment as Deputy Administrator, and shall be entitled to receive (1) the compensation provided for the Deputy Administrator by subsection (a) of this section, or (2) the military pay and allow- ances (including personal money allowance) or the retired pay, as the case may be, payable to a commissioned officer of his grade and length of service, whichever he may elect. Whenever any officer serving as Deputy Administrator elects to receive his military pay and allow- ances (including personal money allowance), or his retired pay, as the case may be, the appropriate department shall be reimbursed from any funds available to defray the expenses of the Agency. MILITARY PARTICIPATION (c) (1) In order to insure that the interests of national defense are properly safeguarded and that the Administrator is properly advised as to the needs and special problems of the armed services, the Admin- istrator shall provide for participation of military personnel in car- rying out his functions relating to regulation and protection of air traffic, including provision of air navigation facilities, and research and development with respect thereto, and the allocation of airspace. Members of the Army, the Navy, the Air Force, the Marine Corps, or the Coast Guard may be detailed by the appropriate Secretary, pur- suant to cooperative agreements with the Administrator, including such agreement on reimbursement as may be deemed advisable by the Administrator and the Secretary concerned, for service in the Agency to effect such participation. (2) Appointment to, acceptance of, and service as Deputy Admin- istrator or under such cooperative agreements shall in no way affect status, office, rank, or grade which commissioned officers or enlisted PAGENO="1214" 1208 AIR LAWS ~D TREATIES OF THE WORLD men may occupy or hold, or any emolument, perquisite, right, privi- Lege, or benefit incident to or arising out of any such status, office, rank, or grade. No person so detailed or appointed shall be subject to directiOr by or control by the.department4rom which detailed or appointed or by any agency or officer thereof directly or indirectly with respect to his responsibilities under this Act or within the Agency. (3) The Administrator, within six months of the effective date of this paragraph and semiannually thereafter, shall report in writing to the appropriate committees of the Congress on agreements entered into under this subsection, including the number, rank, and positions of members of the armed services detailed pursuant thereto, together with his evaluation of the effectiveness of such agreements and assign- ments of personnel thereunder in accomplishing the purposes of such subsection. Exchange of Information (d) In order to assist the Administrator further in the discharge of responsibilities under this Act, the Administrator and the Secretary of Defense, and the Administrator and the Administrator of the National Aeronautics and Space Administration, are directed to estab- lish by cooperative agreement suitable arrangements for the timely exchange of information pertaining to their programs, policies, and requirements directly relating to such responsibilities. Emergency Status (e) The Administrator shall develop, in consultation with the De- partment of Defense and other affected Government agencies, plans for the effective discharge of the responsibilities of the Agency in the event of war, and shall propose to Congress on or before January 1, 1960, legislation for such purpose: Provided, That in the event of war the President by Executive order may transfer to the Department of Defense any functions (including powers, duties, activities, facil- ities, and parts of functions) of the Agency prior to enactment of such proposed legislation. In connection with any such transfer, the President may provide for appropriate transfers of records, property, and personnel. Officers and Employees (f) The Administrator is authorized, subject to the civil-service and classification laws, to sekct, employ, appoint, and fix the com- pensation of such officers, employees, attorneys, and agents as shall be necessary to carry out the provisions of this Act, and to define their authority and duties, except that the Administrator may fix the com- pensation for not more than ten positions at rates not to exceed $19,500 per annum. Study of Special Personnel Problems (g) The Administrator shall make a study, in consultation with other affected Government agencies, of personnel problems inherent in the functions of the Agency, giving due consideration to the need for (1) special qualifications and training, (2) special provisions as PAGENO="1215" AIR LAWS AND TREATIES OF THE WORLD 1209 to pay, retirement, and hours of service, and (3) special provisions to. assure availability, responsiveness, and security status of essential per- sonnel in fulfilling national defense requirements, and shall report the results thereof, and make recommendations for legislation thereon, to Congress on or before January 1, 1960. Scientific Employees (h) The Administrator is authorized to establish and fix the com- pensation for not to exceed fifteen positions of officers and employees of the Agency of a scientific or professional nature without regard to the Classification Act of 1949, as amended, each such position being established to effectuate those research, development, and related activities of the Agency which require the services of specially qual- ified scientific or professional personnel. The rates of basic compensa- tion for positions established pursuant to this subsection shall not exceed the maximum rate payable under the Act of August 1, 1947 (Public Law 313, Eightieth Congress), as amended, and Title V of the Act of July 31, 1956 (Public Law 854, Eighty-fourth Congress), and shall be subject to the approval of the Civil Service Commission. Positions created pursuant to this subsection shall be included in the classified civil service of the United States, but appointment to such positions shall be made without competitive examination upon ap- proval of the proposed appointee's qualifications by the Civil Service Commission or such officers or agents as it may designate for this purpose. Advisory Committees and Consultants (i) The Administrator is authorized to appoint such advisory com- mittees as shall be appropriate for the purpose of consultation with and advice to the Agency in performance of its functions hereunder and to obtain services authorized by section 15 of the Administrative Expenses Act of 1946 (5 U.S.C. 55a), at rates not to exceed $100 per diem for individuals, and for not to exceed one hundred days in any calendar year in the case of any individual. Members of such com- mittees shall be entitled to travel expenses and per diem as authorized by the Administrative Expenses Act of 1946 (5 U.S.C. 73b-2), for all persons employed intermittently as consultants or experts receiving compensation on a per diem basis. Supergrades (j) Subject to the standards and procedures of section 505 of the Classification Act of 1949, as amended, the Administrator is author- ized to place not to exceed fifty positions in grades 16, 17, and 18 of the General Schedule established by such Act. Such positions shall be in addition to (1) the number of positions authorized to be placed in such grades by such section 505 and (2) the number of positions transferred to the Agency under section 1502 of this Act which were (A) allocated under such.section 505 to the Civil Aeronautics Admin- istration of the Department of Commerce, (B) authorized for the Airways Modernization Board by Public Law 85-133 (71 Stat. 350), or (C) authorized for the Civil Aeronautics Administration by Public Law 85-469 (72 Stat. 228). The number of positions authorized for PAGENO="1216" 1210 AIR LAWS ~D TREATIES OF THE WORLD the Civil Aeronautics Administration by Public Law 85-469 shall not cause a reduction in total number of positions under section 505(h) of the Classification Act of 1949, as amended. Cooperation With Other Agencies (k) The Administrator is authorized to use with their consent the available services, equipment, personnel, and facilities of other civilian or military agencies and instrumentalities of the Federal Government, on a reimbursable basis when appropriate, and on a similar basis to cooperate with such other agencies and instrumentalities in the estab- lishment and use of services, equipment, and facilities of the Agency. The Administrator is further authorized to confer with and avail him- self of the cooperation, services, records, and facilities of State, Tern. tonal, municipal or other local agencies. ADMINISTRATION OF THE AGENCY Authorization of Expenditures and Travel SEC. 303. [7~ Stat. 747, 49 U.S.C. 1344] (a) The Administrator is empowered to iuake such expenditures at the seat of government and elsewhere as may be necessary for the exercise and performance of the powers and duties vested in and imposed upon him by law, and as from time to time may be appropriated for by Congress, including expenditures for (1) rent and personal services at the seat of govern- ment and elsewhere; (2) travel expenses; (3) office furniture, equip- ment and supplies, lawbooks, newspapers, periodicals, and books of reference (including the exchange thereof); (4) printing and bind- ing; (5) membership in and cooperation with such organizations as are related to, or are part of, the civil aeronautics industry or the art of aeronautics in the United States or in any foreign country; (6) payment of allowances and other benefits to employees stationed in foreign countries to the same extent as authorized from time to time for members of the Foreign Service of the United States of compar- able grade; (7) making investigations and conducting studies in matters pertaining to aeronautics; and (8) acquisition (including exchange), operation and maintenance of passenger-carrying auto- mobiles and aircraft, and such other property as is necessary in the exercise and performance of the powers and duties of the Adminis- trator: Provided, That no aircraft or motor vehicles, purchased under the provisions of this section, shall be used otherwise than for official business. Supplies and Materials for Overseas Installations (b) When appropriations for any fiscal year for the Agency have not been made prior to the first day of March preceding the beginning of such fiscal year, the Administrator may authorize such officer or officers as may be designated by him to incur obligations for the pur- chase and transportation of supplies and materials necessary to the proper execution of the Administrator's functions at installations out- side the continental United States, including those in Alaska, in amounts not to exceed 75 per centum of the amount that had been made PAGENO="1217" AIR LAWS AND TREATIES OF THE WORLD 1211 available for such purposes for the fiscal year then current, payments of these obligations to be made from the appropriations for the next succeeding fiscal year when they become available. Acquisition and Disposal of Property (c) The Administrator, on behalf of the United States, is author- ized, where appropriate: (1) to accept any conditional or uncondi- tional gift or donation of money or other property, real or personal, or of services; (2) within the limits of available appropriations made by the Congress theref or, to acquire by purchase, condemnation, lease, or otherwise, real property or interests therein, including, in the case of air navigation facilities (including airports) owned by the United States and operated under the direction of the Administrator, ease- ments through or other interests in airspace immediately adjacent thereto and needed in connection therewith: Provided, That the au- thority herein granted shall not include authority for the acquisition of space in buildings for use by the Federal Aviation Agency, suitable accommodations for which shall be provided by the Administrator of General Services, unless the Administrator of General Services de- termines, pursuant to section 1(d) of Reorganization Plan Numbered 18, 1950 (64 Stat. 1270; 5 U.S.C. 133z-15 note), that the space to be acquired is to* be utilized for the special purposes of the Federal Aviation Agency and is not generally suitable for the use of other agencies; (3) for adequate compensation, by sale, lease, or otherwise, to dispose of any real or personal property or interest therein: Pro~ vided, That, except for airport and airway property and technical equipment used for the special purposes of the Agency, such disposi- tion shall be made in accordance with the Federal Property and Ad- ministrative Services Act of 1949, as amended; and (4) to construct, improve, or renovate laboratories and other test facilities and to pur- chase or otherwise acquire real property required therefor. Any such acquisition by condemnation may be made in accordance with the provisions of the Act of August 1, 1888 (40 U.S.C. 257; 25 Stat. 357), the Act of February 26, 1931 (40 U.S.C. 258a-258e; 46 Stat. 1421), or any other applicable Act: Provided, That in the case of condemna- tions of easements through or other interests in airspace, in fixing con- clemnation awards, consideration may be given to the reasonable prob- able future use of the underlying land. Delegation of Functions (d) The Administrator may, subject to such regulations, supervi- sion, and review as he may prescribe, from time to time make such provision as he shall deem appropriate authorizing the performance by any officer, employee, or administrative unit under his jurisdiction of any function under this Act; or, with its consent, authorizing the performance by any other Federal department or agency of any func- tion under section 307(b) of this Act. AUThORITY OF PRESIDENT TO TRANSFER CERTAIN FtTNOTIONS SEC. 304. [7~ Stat. 749, 49 U.S.C. 1345] The President may trans- fer to the Administrator any functions (including powers, duties, 67717 O-~61--~ 77 PAGENO="1218" 1212 AIR LAWS AND TREATIES OF THE WORLD activities, facilities, and parts of functions) of the executive depart- ments or agencies of the Government or of any officer or organiza- tional entity thereof which relate primarily to selecting, developing, testing, evaJuating, establishing, operating and maintaining systems, procedures, facilities, or devices for safe and efficient air navigation and air traffic control. In connection with any such transfer, the President may provide for appropriate transfers of records, property, and for necessary civilian and military personnel to be made available from the other office, department, or other agency from which the transfer is made. FOSTERING OF AIR COMMERCE SEC. 305. [72 Stat. 749, 49 U.S.C. 1346] The Administrator is em- powered and directed to encourage and foster the development of civil aeronautics and. air commerce in the United States and abroad. NATIONAL DEFENSE AND CIVIL NEEDS SEC. 306. [72 Stat. 749,49 U.S.C. 1347] In exercising the authority granted in, and discharging the duties imposed by, this Act, the Ad- ministrator shall give full consideration to the requirements of na- tional defense, and of commercial and general aviation, and to the public rigit of freedom of transit through the navigable airspace. AIRSPACE CONTROL AND FACILITIES Use of Airspace SEC. 307. [72 Stat. 749, 49 U.S.C. 1348] (a) The Administrator is authorized and directed to develop plans for and formulate policy with respect to the use of the navigable airspace; and assign by rule, regulation, or order the use of the navigable airspace under such terms, conditions, and limitations as lie may deem necessary in order to insure the safety of aircraft and the efficient utilization of such airspace. He may modify or revoke such assignment when required in the public interest. Air Navigation Facilities (b) The Administrator is authorized, within the limits of available appropriations made by the Congress, (1) to acquire, establish, and improve air-navigatioii facilities wherever necessary; (2) to operate and maintain such air-navigation facilities; (3) to arrange for publi- cation of aeronautical maps and charts necessary for the safe and effi- cient movement of aircraft in air navigation utilizing the facilities and. assistance of existing agencies of the Government so far as practi- cable; and (4) to provide necessary facilities and personnel for the regulation and protection of air traffic. Air Traffic Rules (c) The Administrator is further authorized and directed to pre- scribe air traffic rules and regulations governing the flight of aircraft, for the navigation, protection, and identification of aircraft, for the PAGENO="1219" AIR LAWS AND TREATIES OF THE WORLD 1213 protection of persons and property on the ground, and for the efficient utilization of the navig~ble airspace including rules as to safe alti- tudes of flight and rules for the prevention of collison between air- craft, between aircraft and land or water vehicles, and between aircraft and airborne objects. Applicability of Administrative Procedure Act (d) In the exercise of the rulemaking authority under subsections (a) and (c) of this section, the Administrator shall be subject to the provisions of the Administrative Procedure Act, notwithstanding any exception relating to military or naval functions in section 4 thereof. Exemptions (e) The Administrator from time to time may grant exemptions from the requirements of any rule or regulation prescribed under this title if he finds that such action would be in the public interest. Exception for Military Emergencies (f) When it is essential to the defense of the United States because of a military emergency or urgent military necessity, and when appro- priate military authority so determines, and when prior notice thereof is given to the Administrator, such military authority may authorize deviation by military aircraft of the national defense forces of the United States from air traffic rules issued pursuant to this title. Such prior notice shall be given to the Administrator at the earliest time practicable and, to the extent time and circumstances permit, every reasonable effort shall be made to consult fully with the Administra- tor and to arrange in advance for the required deviation from the rules on a mutually acceptable basis. EXPENDITURE OF FEDERAL FUNDS FOR CERTAIN~ AIRPORTS~ ETC. Airports for Other Than Military Purposes SEC. 308. [7~ Stat. 750, 49 U.S.C. 1349] (a) No Federal funds, other than those expended under this Act, shall be expended, other than for military purposes (whether or not in cooperation with State or other local governmental agencies), for the acquisition, establish- ment, construction, alteration, repair, maintenance, or operation of any landing area, or for the acquisition, establishment, construction, maintenance, or operation of air navigation facilities thereon, except upon written recommendation and certification by the Administrator that such landing area or facility is reasonably necessary for use in air commerce or in the interests of national defense. Any interested person may apply to the Administrator, under regulations prescribed by him, for such recommendation and certification with respect to any landing area or air navigation facility proposed to be established, constructed, altered, repaired, maintained, or operated by, or in the interests of, such person. There shall be no exclusive right for the use of any landing area or air navigation facility upon which Federal funds have been expended. PAGENO="1220" 1214 AIR LAWS AND TREATIES OF THE WORLD Location of Airports, Landing Areas, and Missile and Rocket Sites (b) In order to assure conformity to plans and policies for alloca- tions of airspace by the Administrator under section 307 of this Act, no military airport or landing area, or missile or rocket site shall be acquired, established, or constructed, Or any runway layout substan- tially altered, unless reasonable prior notice thereof is given the Administrator so that he may advise with the appropriate committees of the Congress and other interested agencies as to the effects of such acquisition, establishment, construction, or alteration on the use of airspace by aircraft. In case of a disagreement between the Adminis- trator and the Department of Defense or the National Aeronautics and Space Administration the matter may be appealed to the Presi- dent for final determination. OTHER AIRPORTS SEC. 309. [72 Stat. 751, 49 U.S.C. 1350] In order to assure con- formity to plans and policies for, and allocations of, airspace by the Administrator under section 307 of this Act, no airport or landing area not involving expenditure of Federal funds shall be established, or constructed, or any runway layout substantially altered unless reasonable prior notice thereof is given the Administrator, pursuant to regulations prescribed by him, so that he may advise as to the effects of such construction on the use of airspace by aircraft. METEOROLOGICAL SERVICE SEC. 310. [72 Stat. 751,49 U.S.C. 1351] The Administrator is em- powered and directed to make recommendations to the Secretary of Commerce for providing meteorological service necessary for the safe and efficient movement of aircraft in air commerce. In providing meteorological services, the Secretary of Commerce shall cooperate with the Administrator and give full consideration to such recommendations. COLLECTION AND DISSEMINATION OF INFORMATION SEC. 311. [72 Stat. 751,49 U.S.C. 1352] The Administrator is em- powered and directed to collect and disseminate information relative to civil aeronautics (other than information collected and dissem- inated by the Board under titles IV and VII of this Act); to study the possibilities of the development of air commerce and the aero- nautical industry; and to exchange with foreign governments, through appropriate governmental channels, information pertaining to civil aeronautics. DEVELOPMENT PLANNING General SEC. 312. [72 Stat. 7593, 49 U.S.C. 1353] (a) The Administrator is directed to make long range plans for and formulate policy with respect to the orderly development and use of the navigable airspace, and the orderly development and location of landing areas, Federal airways, radar installations and all other aids and facilities for air PAGENO="1221" AIR LAWS AND TREATIES OF THE WORLD 1215 navigation, as willbest~meet the needs of, and serve the interest of civil aeronautics and national defense, except for those needs of mili- tary agencies which are peculiar to air warfare and primarily of military concern. Aircraft (b) The Administrator /IS empowered to undertake or supervise such developmental work/and service testing as tends to the creation of improved aircraft, aircraft engines, propellers, and appliances. For such purpose, the Administrator is empowered to make purchases (including exchange) by. negotiation, or otherwise, of experimental aircraft, aircraft engines, propellers, and appliances, which seem to offer special advantages to aeronautics. Reseai~ch and Development (c) The Administrator shall develop, modify, test, and evaluate systems, procedures, facilities, and devices, as well as define the per- formance characteristics thereof, to meet the needs for safe and effi- cient navigation and traffic control of all civil and military aviation except for those needs of military agencies which are peculiar to air warfare and primarily of military concern, and select such systems, procedures, facilities, and devices as will best serve such needs and will promote maximum coordination of air traffic con'trol and air defense systems. Contracts maybe entered into for this purpose with- out regard to section 3643 of the Revised Statutes, as amended (31 U.S.C. 529). When there is any substantiai question as to whether a matter is of primary concern to the military, the Administrator is authorized and directed to determine whether he or the appropriate military agency shall have responsibility. Technical information concerning any research and development projects of the military agencies which have potential application to the needs of, or possible conflict with, the common system shall be furnished to the Adminis- trator to the maximum extent necessary to insure that common system application potential is properly considered and potential future con- flicts with the common system are eliminated. OTHER POWERS AND DUTIES OF ADMINISTRATOR General SEC. 313. [72 Stat. 752, 49 U.S.C. 1354] (a) The Administrator is empowered to perform such acts, to conduct such investigations, to issue and amend such orders, and to make a.nd amend such general or special rules, regulations, and procedures, pursuant to and consistent with the provisions of this Act, as he shall deem necessary to carry out the provisions of, and to exercise and perform his powers and duties under, this Act. Publications (b) Except as may be otherwise provided ui this Act, the Adinin- istrator shall make a report in writing on all proceedings and in- vestigations under this Act in which formal hearings have been held, PAGENO="1222" 1216 AIR LAWS AND TREATIES OF THE WORLD and shall state in such report his conclusions together with his deci- sions, order, or requirement in the premises. All such reports shall be entered of record and a copy thereof shall be furnished to all parties to the proceeding or investigation. The Administrator shall provide for the publication of such reports, and all other reports, orders, de- cisions, rules, and regulations issued by him under this Act in such form and manner as may be best adapted for public information and use. Publications purporting to be published by the Administrator shall be competent evidence of the orders, decisions, rules, regulations, and reports of the Administrator therein contained in all courts of the United States, and of the several States, Territories, and posses- sions thereof, and the District of Columbia, without further proof or authentication thereof. Power To Conduct Hearings and Investigations (c) In the conduct of any public hearings or investigations author- ized by this Act or by the Federal Airport Act, the Administrator shall have the same powers to take evidence, issue subpenas, take dep- ositions, and compel testimony as are vested in members of the Board and its duly designated examiners by section 1004 of this Act. Actions of the Administrator in such cases shall be governed by the procedures specified in section 1004 and be enforced in the manner provided therein. Training Schools (d) The Administrator is empowered~toconduct a school or schools for the purpose of training employees of the Agency in those subjects necessary for the proper performance of all authorized functions of the Agency. He may also authorize attendance at courses given in such school or schools of other governmental personnel, and personnel of foreign governments, or personnel of the aeronautics industry: Provided, That in the event the attendance of such persons shall in- crease the cost of operation of such school or schools, the Administra- tor may require the payment or transfer of~sufficient funds or other appropriate consideration to offset the additional costs. In provid- ing any training to employees of the Agency or of other agencies of the Federal Government, the Administrator shall be subject to the provisions of the Government Employees Training Act (72 Stat. 327). Funds received by the Administrator hereunder may be credited (1) to appropriations current at the time the expenditures are to be or have been paid, (2) to appropriations current at the time such funds are received, or (3) in part as provided under clause (1) and in part as provided under clause (2). Annual Report (e) The Administrator shall submit to the President and to the Congress an annual report. Such report shall contain, in addition to a report of the work performed under this Act, such information and data collected by the Administrator as may be considered of value in the determination of questions connected with the developmeiit and regulation of civil aeronautics, the utilization of national air- space, and the improvement of the air navigation and traffic control PAGENO="1223" AIR LAWS AND TREATIES OF THE WORLD 1217 system, together with such recommendations as to additional legisla- tion related thereto as the Administrator may deem necessary, and the Administrator may also transmit recommendations as to legisla- tion at any other time. DELEGATION OF POWERS AND DUTIES TO PRIVATE PERSONS Delegation by Administrator SEc. 314. [7~ Stat. 754, 49 U.S.C. 1355] (a) In exercising the powers and duties vested in him by this Act, the Administrator may, subject to such regulations, supervision, and review as he may pre- scribe, delegate to any properly qualified private person, or to any employee or employees under the supervision of such person, any work, business, or function respecting (1) the examination, inspection, and testing necessary to the issuance of certificates under title VI of this Act, and (2) the issuance of such certificates in accordance with standards established by him. The Administrator may establish the maximum fees which such private persons may charge for their serv- ices and n~ay rescind any delegation made by him pursuant to this subsection at any time and for any reason which he deems appropriate. Application for Reconsideration (b) Any person affected by any action taken by any private person exercising delegated authority under this section may apply for reconsideration of such action by the Administrator. The Adminis- trator upon his own initiative, with respect to the authority granted under subsection (a), may reconsider the action of any private person either before or after it has become effective. If, upon reconsidera- tion by the Administrator, it shall appear that the action in question is in any respect unjust or unwarranted, the Administrator shall reverse, change, or modify the same accordingly; otherwise such action shall be affirmed: Pro~'ided, That nothing in this subsection shall be construed as modifying, amending, or repealing any provi- sions of the Administrative Procedure Act. TITLE TV-AIR CARRIER ECONOMIC REGULATION CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY Certificate Required SEC. 401. [7~ Stat. 754, 49 U.S.C. 1371] (a) No air carrier shall engage in any air transportation un1e~s there is in force a certificate issued by the Board authorizing such air carrier to engage in such transportation. Application for Certificate * (b) Application for a certificate shall be made in writing to the Board and shall be so verified, shall be in such form and contain such information, and shall be accompanied by such proof of service upon such interested persons, as the Board shall by regulation require. PAGENO="1224" 1218 AIR LAWS AND TREATIES OF THE WORLD Notice of Application (c) Upon the filing of any such application, the Board shall give due notice thereof to the public by posting a notice of such applica- tion in the office of the secretary of the Board and to such other persons as the Board may by regulation determine. Any interested person may file with the Board a protest or memorandum of opposi- tion to or in support of the issuance of a certificate. Such application shall be set for a public hearing, and the Board shall dispose of such application as speedily as possible. Issuance of Certificate (d) (1) The Board shall issue a certificate authorizing the whole or any part of the transportation covered by the application, if it finds that the applicant is fit, willing, and able to perform such trans- portation properly, and to conform to the provisions of this Act and the rules, regulations, and requirements of the Board hereunder, and that such transportation is required by the public convenience and necessity; otherwise such application shall be denied. (2) In the case of an application for a certificate to engage in temporary air transportation, the Board may issue a certificate au- thorizing the whole or any part thereof for such limited periods as may be required by the public convenience and necessity, if it finds that the applicant is fit, willing, and able properly to perform such transportation and to conform to the provisions of this Act and the rules, regulations, and requirements of the Board hereunder. Terms and Conditions of Certificate (e) Each certificate issued under this section shall specify the terminal points and intermediate points, if any, between which the air carrier is authorized to engage in air transportation and the service to be rendered; and there shall be attached to the exercise of the privileges granted by the certificate, or amendment thereto, such reasonable terms, conditions, and limitations as the public interest may require. A certificate issued under this section to engage in foreign air transportation shall, insofar as the operation is to take place with- out the United States, designate the terminal and intermediate points only insofar as the Board shall deem practicable, and otherwise shall designate only the general route or routes to be followed. Any air carrier holding a certificate for foreign air transportation shall be au- thorized to handle and transport mail of countries other than the United States. No term, condition, or limitation of a certificate shall restrict the right of an air carrier to add to or change schedules, equip- ment, accommodations, and facilities for performing the authorized transportation and service as the development of the business and the demands of the public shall require. No air carrier shall be deemed to have violated any term, condition, or limitation of its certificate by landing or `taking off during an emergency at a point not named in its certificate or by operating in an emergency under regulations which may be prescribed by the Board, between terminal and intermediate points other than those specified in its certificate. Any air carrier PAGENO="1225" AIR LAWS AND TREATIES OF THE WORLD 1219 may make charter trips or perform any other special service? without regard to the points named in its certificate, under regulations pre- scribed by the Board. Effective Date and Duration of Certificate (f) Each certificate shall be effective from the date specified therein, and shall continue in effect until suspended or revoked as hereinafter provided, or until the Board shall certify that operation thereunder has ceased, or, if issued for a limited period of time under subsection (d) (2) of this section, shall continue in effect until the expiration thereof, unless, prior to the date of expiration, such certifi- cate shall be suspended or revoked as provided herein, or the Board shall, certify that operations thereunder have ceasqd: Provided, That if any service authorized by a certificate is not inaugurated within such period, not less than ninety days, after the date of the'authoriza- tion as shall be fixed by the Board, or if, for a period of ninety days or such other period as may be designated by the Board any such service is not operated, the Board may by order, entered after notice and `hearing, direct that such certificate shall thereupon cease to be effective to the extent of such service. Authority to Modify, Suspend, or Revoke (g) The Board upon peti'tion `or cothplaint or upon its own initia- tive, after notice and hearings, may alter, amend, modify, or suspend any such~certificate, in whole or in part, if the public convenience and necessity so require, or may revoke a.ny such certificate? in whole or in part, for intentional failure to comply with' any provision of this title or any order, rule, or regulation issued hereunder or any term, condi- tion, or limitation of such certificate: Provided, That no such certifi- cate shall be revoked unless the holder thereof fails to' comply, within. a reasonable time to be fixed by the Board, with `an order of the Board commanding obedience to the provision, or to the order (other than an order issued in accordance "with this proviso), rule, regulation, term, condition, or limitation found by the Board to have been violated. Any interested person may file with the Board a protest or memoran- dum in support of or in opposition to the alteration, amendment, modification, suspension, or revocation of the certificate. Transfer of Certificate (h) No certificate may be transferred unless such transfer is ap- proved `by the Board' as'being'consistent with the public interest. Certain Rights Not Conferred by Certificate (i) No certificate shall confer any proprietary, property, or ex- clusive right in the use of `any airspace, Federal airway, landing area, or air-navigation facility., Application for Abandomnent (j') No air carrier shall abandon any route, or part thereof, for which a certificate has been issued by the Board, unless, upon the PAGENO="1226" 1220 AIR LAWS AND TREATIES OF THE WORLD application of such air carrier, after notice and hearing, the Board shall find such abandonment to be in the public interest. Any inter- ested person may file with the Board a protest or memorandum of opposition to or in support of any such abandonment, The Board may, J~y regulations or otherwise5 authorize such temporary suspen- sion of service as may be in the public interest. Compliance With Labor Legislation (k) (1) Every air carrier shall maintain rates of compensation, maximum hours, and other working conditions and relations of all of its pilots and copilots who are. engaged in interstate air transporta- don within tLc continental United States (not including Alaska) so as to conform with. decision numbered 83 made by the National Labor Board on May 10, 1934, notwithstanding any limitation therein as to tl1e perioc its ec~rre ass (2) Every r ir carrier ~hal1 maintain rates of compensation for all of ~ mi-~ `~d ~ni1o~ ~ o cia engageo `n overseas or foreign sir tran~portation or air transportation wholly within a Territory or possession of the United States, the minimum of which shall be not less, upon an annual basis, than the compensation required to be paid under said decision 83 for comparable service to pilots and copilots engaged in interstate air transportation within the continental United States (not including Alaska). (3) Nothing herein contained shall be construed as restricting the right of any such pilots or copilots, or other employees, of any such air carrier to obtain by collective bargaining higher rates of compen- sation or more favorable working conditions or relations. (4) It shall be a condition upon the holding of a certificate by any air carrier that such carrier shall comply with title II of the Railway Labor Act, as amended. (5) The term "pilot" as used in this subsection shall mean an employee wno is responsible for the manipulation of or who manipu- lates the flight controls of an aircraft while under way including take- off and landing of such aircraft, and the term "copilot" as used in this subsection shall mean an employee any part of whose duty is to assist or relieve the pilot in such manipulation, and who is properly quali- fied to serve as, and holds a currently effective airman certificate authorizing; him to serve as, auth pilot or copilot. Requirement as to Carriage of Mcii (I) W}ieneve1' so authorized by its certificate, any air carrier shall provide necessary and adequate facilities and service for the trans- urn `~ an c~' 1 ~nd sn~11 t "r spon mail whenei er required oy the Posi;in;tster S eneral. Such air carrier shall be entitled to receive rea- sonable compensation therefor as hereinafter provided. Application for ~lew Mail Service (mi Whenever, front time to time, the Postmaster General shall find that the needs of the Postal Service require the transportation of icc I ~ p crti heawee'~ 1n~ points ~` i the Jnited Sr'~trs o between the United States and foreic'n countries, in addition to the PAGENO="1227" AIR LAWS AND TREATIES OF THE WORLD 1221 transportation of mail authorized in certificates then currently effec- tive, the Postmaster General shall certify such finding to the Board and file therewith a statement showing such additional service and the facilities necessary in connection therewith, and a copy of such certi- fication and statement shall be posted for at least twenty days in the office of the secretary of the Board. The Board shall, after notice and hearing, and if found by it to be required by the public convenience and necessity, make provision for such additional service, and the facilities necessary in connection therewith, by issuing a new certifi- cate or certificates or by amending an existing certificate or certifi- cates in accordance with the provisions of this section. PERMITS TO FOREIGN AIR CARRIERS Permit Required SEC. 402. [72 Stat. 757, 49 U.S.C. 1372] (a) No foreign air carrier shall engage in foreign air transportation unless there is in force a permit issued by the Board authorizing such carrier so to engage. Issuance of Permit (b) The Board is empowered to issue such a permit if it finds that such carrier is fit, willing, and able properly to perform such air transportation and to conform to the provisions of this Act and the rules, regulations, and requirements of the Board hereunder, and that such transportation will be in the public interest. Application for Permit (c) Application for a permit shall be made in writing to the Board, shall be so verified, shall be in such form and contain such information, and shall be accompanied by such proof of service upon such inter- ested persons, as the Board shall by regulation require. Notice of Application (d) Upon the filing of an application for a permit the Board shall give due notice thereof to the public by posting a notice of such appli- cation in the office of the secretary of the Board and to such other persons as the Board may by regulation determine. Any interested person may file with the Board a protest or n~iemorandum of opposi- tion to or in support of the issuance of a permit. Such application shall be set for public hearing and the Board shall dispose of such application as speedily as possible. Terms and Conditions of Permit (e) The Board may prescribe the duration of any permit and may attach to such permit such reasonable terms, conditions, or limitations as, in its judgment, the public interest may require. Authority to Modify, Suspend, or Revoke (f) Any permit issued under the provisions of this section may, after notice and hearing, be altered, modified, amended, suspended, PAGENO="1228" 1222 AIR LAWS AND TREATIES OF THE WORLD canceled, or revoked by the Board whenever it finds such action to be in the public interest. Any interested person may file with the Board a protest or memorandum in support of or in opposition to the altera- tion, modification, amendment, suspension, cancellation, or revocation of a permit. Transfer of Permit (g) No permit may be transferred unless such transfer is approved by the Board as being in the public interest. TARIFFS OF AIR CARRIERS Filing of Tariffs Required SEC. 403. [7~ Stat. 758, 49 U.S.C. 1373] (a) Every air carrier and. every foreign air carrier shall file with the Board, and print, and keep open to public inspection, tariffs showing all rates, fares, and charges for air transportation between points served by it, and between points served by it and points served by any other air carrier or foreign air carrier when through service and through rates shall have been estab- lished, and showing to the extent required by regulations of the Board, all classifications, rules, regulations, practices, and services in connec- tion with such air transportation. Tariffs shall be filed, posted, and published in such form and manner, and shall contain such informa- tion, as the Board shall by regulation prescribe; and the Board is empowered to reject any tariff so filed which is not consistent with this section and such regulations. Any tariff so rejected shall be void. The rates, fares, and charges shown in any tariff shall be stated in terms of lawful money of the United States, but such tariffs may also state rates, fares, and charges in terms of currencies other than lawful money of the United States, and may, in the case of foreign air transportation, contain such information as may be required under the laws of any country in or to which an air carrier or foreign air carrier is authorized to operate. Observance of Tariffs; Rebating Prohibited (b) No air carrier or foreign air carrier shall charge or demand or collect or receive a greater or less or different compensation for air transportation, or for any service in connection therewith, than the rates, fares, and charges specified in its currently effective tariffs; and no air carrier or foreign air carrie.r shall, in any manner or by any device, directly or indirectly, or through any agent or broker, or other- wise, refund or remit any portion of the rates, fares, or charges so specified, or extend to any person any privileges or facilities, with respect to matters required by the Board to be specified in such tariffs, except those specified therein. Nothing in this Act shall prohibit such air carriers or foreign air carriers, under such terms and conditions as the Board may prescribe, from issuing or interchanging tickets or passes for free or reduced-rate transportation to their directors, offi- cers, and employees and their immediate families; witnesses and attorneys attending any legal investigation in which any such air carrier is interested; persons injured in aircraft accidents and physi- cians and nurses attending such persons; and any person or property PAGENO="1229" AIR LAWS AND TREATIES OF THE WORLD 1223 with the object of providing relief in cases of general epidemic, pesti- lence, or other calamitous visitation; and, in the case of overseas or foreign transportation, to such other persons and under such other circumstances as the Board may by regulations prescribe. Any air carrier or foreign air carrier, under such terms and conditions as the. Board may prescribe, may grant reduced-rate transportation to min- isters of religion on a space-available basis. Notice of Tariff Change (c) No change shall be made in any rate, fare, or charge, or any classification, rule, regulation, or practice affecting such rate, fare, or charge, or the value of the service thereunder, specified in any effec- tive tariff of any air carrier or foreign air carrier, except after thirty days' notice of the proposed change filed, posted, and published in accordance with subsection (a) of this section. Such notice shall plainly state the change proposed to be made and the time such change will take effect. The Board may in the public interest, by regulation or otherwise, allow suchchange upon notice less than that herein spec- ified, or modify the requirements of this section with respect to filing and posting of tariffs, either in particular instances or by general order applicable to special or peculiar circumstances or conditions. Filing of Divisions of Rates and Charges Required (d) Every ai~~ carrier or foreign air carrier shall keep currently on file with the Board, if the Board so requires, the established divisions of all joint rates, fares, and charges for air transportation in which such air carrier or foreign air carrier participates. RATES FOR CARRIAGE OF PERSONS AND PROPERTY Carrier's Duty to Provide Service, Rates, arid Divisions SEC. 404. [7~ Stat. 760, 49 U.S.C. 1374] (a) It shall be the duty of every air carrier to provide and furnish interstate and overseas air transportation, as authorized by its certificate, upon reasonable re- quest therefor and to provide reasonable through service in such air transportation in connection with other air carriers; to provide safe and adequate service, equipment, and facilities in connection with such `transportation; to establish, observe, and enforce just and rea- sonable individual and joint rates, fares, and charges, and just and reasonable classifications, rules, regulations, and practices relating to such air transportation; and, in case. of such joint rates, fares, and charges, to establish just, reasonable, and equitable divisions thereof as between air carriers participating therein which shall not unduly prefer or prejudice any of such participating air carriers. Discrimination (b) No air carrier or foreign air carrier shall make, give, or cause any undue or unreasonable preference or advantage to any particular person, port, locality, or description of traffk in air transportation in any respect whatsoever or, subject any particular person, port, lo- PAGENO="1230" 1224 AIR LAWS AND TREATIES OF THE WORLD callty, or description of traffic in air transportation to any unjust discrimination or any undue or unreasonable prejudice or thsadvan- tage in any respect whatsoever. TRANSPORTATION OF MAIL Postal Rules and Regulations Suc. 405. [72 Stat. 760, 49 U.S.C. 1375] (a) The Postmaster Gen- eral is authorized to make such rules and regulations, not inconsistent with the provisions of this Act, or any order, rule, or regulation made by the Board thereunder, as may be necessary for the safe and expedi- tious carriage of mail by aircraft. Mail Schedules (b) Each air carrier shall, from time to time, file with the Board and the Postmaster General a statement showing the points between which such air carrier is authorized to engage in air transportation, and all schedules, and all changes therein, of aircraft regularly oper- ated by the carrier between such points, setting forth in respect of each such schedule the points served thereby and the time of arrival and departure at each such point. The Postmaster General may des- ignate any such schedule for the transportation of mail between the points between which the air carrier is authorized by its certificate to transport mail, and may, by order, require the air carrier to estab- lish additional schedules for the transportation of mail between such points. No change shall be made in any schedules designated or ordered to be established by the Postmaster General except upon ten days' notice thereof filed as herein provided. The Postmaster General may by order disapprove any such change or alter, amend, or modify any such schedule or change. No order of the Postmaster General under this subsection shall become effective until ten days after its issuance. Any person who would be aggrieved by any such order of the Postmaster General under this subsection may, before the expira- tion of such ten-day period, apply to the Board, under such regula- tions as it may prescribe, for a review of such order. The Board may review, and, if the public convenience and necessity so require, amend, revise, suspend, or cancel such order; and, pending such review and * the determination thereof, may postpone the effective date of such order. The Board shall give preference to proceedings under this subsection over all proceedings pending before it. No air carrier shall transport mail in accordance with any schedule other than a schedule designated or ordered to be established under this subsection for the transportation of mail. Maximum Mail Load (c) The Board may fix the maximum mail load for any schedule or for any aircraft or any type of aircraft; but, in the event that mail in excess of the maximum load is tendered by the Postmaster General for transportation by any air carrier in accordance with any schedule designated or Ordered to be established by the Postmaster General under subsection (b) of this section for the transportation of mail, PAGENO="1231" AIR LAWS AND TREATIES OF THE WORLD 1225 such air carrier shall, to the extent such air carrier is reasonably able as determined by the Board, furnish facilities sufficient to transport, and shall transport, such mail as n~arly in accordance with such sched- ule as the Board shall determine to be possible. Tender of Mail (d) From and after the issuance of any certificate authorizing the transportation of mail by aircraft, the Postmaster General shall ten- der mail to the holder thereof, to the extent required by. the Postal Service, for transportation between the points named in such certifi- cate for the transportation of mail, and such mail shall he transported by the air carrier holding such certificate in accordance with such rules, regulations, and requirements as may be promulgated by the Postmaster General under this section. Foreign Postal Arrangement (e) (1) Nothing in this Act shall be deemed to abrogate or affect any arrangement made by the United States with the postal aclminis~ tration of any foreign country with respect to transportation of mail by aircraft, or to impair the authority of the Postmaster General to enter into any~ such arrangement with the postal administration of any foreign country. (2) The Postmaster General may, in any case where service may be necessary by a person not a citizen of the United States who may not be obligated to transport the mail for a foreign country, make arrangements, without advertising, with such person for transport- ing mail by'aircraft to or within any foreign country. Transportation of Foreign Mail (f) (1) Any air carrier holding a certificate to engage in foreign air transportation and transporting mails of foreign countries shall transport such mails subject to control and regulation by the Tjnited States. The Postmaster General shall from' time to time fix the rates of compensation that shall be charged the respective foreign countries for'. the transportation of their mails by such air carriers, and such rates shall be put into effect by the Postmaster General in accordance with the provisions of the postal convention regulating the postal relations between the United States and the respective foreign countries, or as provided hereinafter in this subsection. In any case where the Postmaster General deems such action to be in the public interest, he may approve rates provided in arrangements between a.ny such air carrier and any foreign country covering the transportation of mails of such country, under which mails of such country have been carried on scheduled operations prior to January 1, 1938, or in extensions or modifications of such arrangements, and may permit any such air carrier to enter into arrangements with any foreign country for the transportation of its mails at rates fixed by the Postmaster General in advance of the making of any such arrangement. The Postmaster General may authorize any such air carrier, under such limitations as the Postmaster General may pre- PAGENO="1232" 1226 AIR LAWS AND TREATIES OF THE WORLD scribe, to change the rates to be charged any foreign country for the transportation of its mails by such air carrier within that country or between that country and another foreign country. (2) In any case where such air carrier has an arrangement with any foreign country for transporting its mails, made or approved in accordance with the provisions of paragraph (1) of this subsection, it shall collect its compensation from the foreign country under its arrangement, and in case of the absence of any arrangement between the air carrier and the foreign country consistent with this subsec- tion, the collections made from the foreign country by the United States shall be for the account of such air carrier: Provided, That no such air carrier shall be entitled to receive compensation both from such foreign country and from the United States in respect of the transportation of the same mail or the same mails of foreign countries. Evidence of Performance of Mail Service (g) Air carriers transporting or handling United States mail shall submit, under signature of a duly authorized official, when and in such form as may be required by the Postmaster General, evidence of the performance of mail service; and air carriers transporting or handling mails of foreign countries shall submit, under signature of a duly authorized official, when and in such form as may be required by the Postmaster General, evidence of the amount of such mails transported or handled, and the compensation payable and received therefor. Emergency Mail Service (h) In the event of emergency caused by flood, fire, or other calami- tous visitation, the Postmaster General is authorized to contract, without advertising, for the transportation by aircraft of any or all classes of mail to or from localities affected by such calamity, where available facilities of persons authorized to transport mail to or from such localities are inadequate to meet the requirements of the Postal Service during such emergency. Such contracts may be only for such periods as may be necessitated, for the maintenance of mail service, by the inadequacy, of such other facilities. No operation pursuant to anysuch contract, for such period, shall be air transportation within the purview of this Act. Payment of compensation for service per- formed under such contracts shall be made, at rates provided in such contracts, from appropriations for the transportation of mail by the means normally used for transporting the mail transported under such contracts. Experimental Airmail Service (i) Nothing contained in this Act shall be construed to repeal in whole or in part the provisions of section 6 of the Act entitled "An .Act to provide for experimental airmail service, to further develop safety, efficiency, economy, and for other purposes", approved April 15, 1938, as amended. The transportation of mail under contracts en- tered into under such section shall not, except for sections 401(k) and 416 (b), be deemed to be "air transportation" as used in this Act, and the i'~tesof compensation for such transportation of mail shall not be fixed under this Act. PAGENO="1233" AIR LAWS AND TREATIES OF THE WORLD 1227 Free Travel for Postal Employees (j) Every air carrier carrying the mails shall carry on any plane that it operates and without charge therefor, the persons in charge of the mails when on duty, and such duly accredited agents and officers of the Post Office Department, and post office inspectors, while travel- ing on official business relating to the transportation of mail by air- craft, as the Board may by regulation prescribe, upon the exhibition of their credentials. RATES FOR TRANSPORTATION OF MAIL Authority to Fix Rates SEC. 406. [7~ Stat. 763, `49 U.S.C. 1376] (a) The Boa.rd~ is em- powered and directed, upon its own initiative or upon petition of the Postmaster General or an air carrier, (1) to fix and determine from time to time, after notice and hearing, the fair and reasonable rates of compensation for the transportation of mail by aircraft, the facilities used and useful therefor, and the services connected therewith (includ- ing the transportation of mail by an air carrier by other means than aircraft whenever such transportation is incidental to the transporta- tion of mail by aircraft or is made necessary by conditions of emer- gency arising from aircraft operation), by each holder of a certificate authorizing the transportation of mail by aircraft, and to make such rates effective from such date as it shall determine to be proper; (2) to prescribe the method or methods, by aircraft-mile, pound-mile, weight, space, or any combination thereof, or otherwise, for ascertaining such rates of compensation for each air carrier or class of air carriers; and (3) to publish the same. Ratemaking Elements (b) In fixing and determining fair and reasonable rates of com- pensation under this section, the Board considering the~ conditions peculiar to transportation by aircraft and to the particular air carrier or class of air carriers, may fix different rates for different air car- riers or classes of air carriers, and different classes of service. In determining the rate in each case, the Board shall take into considera- tion, among other factors, (1) the condition that such air carriers~ may hold and operate under certificates authorizing the carriage of mail only by providing necessary and adequate facilities and service for the transportation of mail; (2) such standards respecting the character and quality of service to be rendered by air carriers as may be prescribed by or pursuant to law; and (3) the need of each such air carrier for compensation for the transportation of mail sufficient to insure the performance of such service, and, together with all other revenue of the air carrier, to enable such air carrier under honest, economical, and efficient management, to maintain and continue the development of air transportation to the extent and of the character and quality required for the commerce of the United States, the Postal Service, and the national defense. 67717 O-61-----7& PAGENO="1234" 1228 AIR LAWS AND TREATIES OF THE WORLD Payment (c) The Postmaster General shall make payments out of appropri- ations for the transportation of mail by aircraft of so much of the total compensation as is fixed and determined by the Board under this section without regard to clause (3) of subsection (b) of this section. The Board shall make payments of the remainder of the total compensation payable under this section out of appropriations made to the Board for that purpose. Treatment of Proceeds of Disposition of Certain Property (d) In determining the need of an air carrier for compensation for the transportation of mail, and such carrier's "other revenue" for the purpose of this section, the Board shall not take into account- (1) gains derived from the sale or other disposition of flight equipment if (A) the carrier notifies the Board in writing that it has invested or intends to reinvest the gains (less applicable expenses and taxes) derived from such sale or other disposition in flight equipment, and (B) submits evidence in the manner pre- scribed by the Board that an amount equal to such gains (less applicable expenses and taxes) has been expended for purchase of flight equipment or has been deposited in a special reequip- ment fund, or (2) losses sustained from the sale or other disposition of flight equipment. Any amounts so deposited in a reequipment fund as above provided shall be used solely for investment in flight equipment either through payments on account of the purchase price or construction of flight equipment or in retirement of debt contracted for the purchase or construction of flight equipment, and unless so reinvested within such reasonable time as the Board may prescribe, the carrier shall not have the benefit of this paragraph. Amounts so deposited in the reequip- ment fund shall not be included as part of the carrier's used and use- ful investment for purposes of section 406 until expended as provided above: Provided, That the flight equipment in which said gains may be invested shall not include equipment delivered to the carrier prior to April 6, 1956: Provided further, That the provisions of this sub- section shall be effective as to all capital gains or losses realized on and after April 6, 1956, with respect to the sale or other disposition of flight equipment whether or not the Board shall have entered a final order taking account thereOf in determining all other revenue of the air carrier. Statement of Postmaster General and Carrier (e) Any petition for the fixing of fair and reasonable rates of com- pensation under this section shall include a statement of the rate the petitioner believes to be fair and reasonable. The Postmaster Gen- eral shall introduce as part of the record in all proceedings under this section a comprehensive statement of all service to be required of the air carrier and such other information in his possession as may be deeme&~by theBoard to be material to the inquiry. PAGENO="1235" AIR LAWS AND TREATIES OF THE WORLD 1229 Weighing of Mail (f) The Postmaster General may weigh the mail transported by aircraft and make such computations for statistical and administra- tive purposes as may be required in the interest of the mail service. The Postmaster General is authorized to employ such clerical and other assistance as may be required in connection with proceedings under this Act. If the Board shall determine that it is necessary or advisable, in order to carry out the provisions of this Act, to have additional and more frequent weighing of the mails, the Postmaster General, upon request of the Board shall provide therefor in like manner, but such weighing need not be for continuous periods of more than thirty days. Availability of Appropriations (g) Except as otherwise provided in section 405 (h), the unex- pended balances of all appropriations for the transportation of mail * by aircraft pursuant to contracts entered into under the Air Mail Act of 1934, as amended, and the unexpended balances of all appropria- tions available for the transportation of mail by aircraft in Alaska, shall be available, in addition to the purposes stated in such appropri- ations, for the payment of compensation by the Postmaster General, as provided in this Act, for the transportation of mail by aircraft, the facilities used and useful therefor, and the services connected there- with, between points in the continental United States or between points in Hawaii or in Alaska or between points in the continental United States and points in Canada within one hundred and fifty miles of the international boundary line. Except as otherwise provided in section 405(h), the unexpended balances of all appropriations for the transportation of mail by aircraft pursuant to contracts entered into under the Act of March 8, 1928, as amended, shall be available, in ad- dition to the purposes stated in such appropriations, for payment to be made by the Postmaster General, as provided by this Act, in respect of the transportation of mail by aircraft, the facilities used and useful theref or, and the services connected therewith, between points in the United States and points outside thereof, or between points in the continental United States and Territories or posséssionsof the United States, or between Territories or possessions of the United States. Payments to Foreign Air Carriers (h) In any case where air transportation is performed between the United States and any foreign country, both by aircraft owned or operated by one or more air carriers holding a certificate under this title and by aircraft owned or operated by one or more foreign air carriers, the Postmaster General shall not pay to or for the account of any such foreign air carrier a rate of compensation for iransporting mail by aircraft between the United States and such foreign country, which, in his opnion, will result (over such reasonable period as. the Postmaster General may determine, taking aècount of exchange fluctuations and other factors) in such foreign air carrier receiving a higher rate of compensation for transporting suéh mail than such PAGENO="1236" 1230 AIR LAWS AND TREATIES OF THE WORLD foreign country pays to air carriers for transporting its mail by air- craft between such foreign country and the United States, or receiv- ing a higher rate of compensation for transporting such mail than a rate determined by the Postmaster General to be comparable to the rate such foreign country pays to air carriers for transporting its mail by aircraft ,between such foreign country and intermediate country on the route of such air carrier between such foreign country and the United States. ACCOUNTS~ RECORDS~ AND REPORTS Filing of Reports SEC. 407. [7~ Stat. 766, 49 U.S.C. 1377] (a) The Board is em- powered to require annual, monthly, periOdical, and special reports from any air carrier; to prescribe the manner and form in which such reports shall be made; and to require from any air carrier specific an- swers to all questions upon which the Board may deem information to be necessary. Such reports shall be under oath whenever the Board so requires. The Board may also require any air carrier to file with it a true copy of each or any contract, agreement, understanding, or ar- rangement, between such air carrier and any other carrier or person, in relation to any traffic affected by the provisions of this Act. Disclosure of Stock Ownership (b) Each air carrier shall submit annually, and at such other times as the Board shall require, a list showing the names of each of its stockholders or members holding more than 5 per centum of the entire capital stock or capital, as the case may be, of such air carrier, together with the name of any person for whose account, if other than the holder, such stock is held; and a report setting forth a description of the shares of stock, or other interest, held by such air carrier, or for its account, in persons other than itself. Disclosure of Stock Ownership by Officer or Director (c) Each officer and director of an air carrier shall annually and at such other times as the Board shall require transmit to the Board a report describing the shares of stock or other interests held by him in any air carrier, any person engaged in any phase of aeronautics, or any common carrier, and in any person whose principal business, in pur- pose or in fact, is the holding of stock in, or control of, air carriers, other persons engag~d in any phase of aeronautics, or common carriers. Form of Accounts (d) The Board shall prescribe the forms of any and all accounts, records, and memoranda to be kept by air carriers, including the ac- counts, records, and memoranda of the movement of traffic, as well as of the receipts and expenditures of money, and the length of time such accounts, records, and memoranda shall be preserved; and it shall be unlawful for air carriers to keep any accounts, records, or memoranda other than those prescribed or approved by the Board: Provided, That PAGENO="1237" AIR LAWS AND TREATIES OF THE WORLD 1231 any air carrier may keep additional accounts, records, or memoranda if they do not impair the integrity of the accounts, records, or memo- randa prescribed or approved by the Board and do not constitute an undue financial burden on such air carrier. Inspection of Accounts and Property (e) The Board shall at all times have access to all lands, buildings, and equipment of any carrier and to all accounts, records, and memo- randa, including all documents, papers, and correspondence, now or hereafter existing, and kept or required to be kept by air carriers; and it may employ special agents or auditors, who shall have authority under the orders of the Board to inspect and examine any and all such lands, buildings, equipment, accounts, records, and memoranda. The provisions of this section shall apply, to the extent found by the Board to be reasonably necessary for the administration of this Act, to per- sons having control over any air carrier, or affiliated with any air car- rier within the meaning of section 5(8) of the Interstate Com~nerce Act, as amended.3 CONSOLIDATEON, MERGER, AND ACQUISITION OF CONTROL Acts Prohibited SEc. 408. [72 Stat. 767,49 U.S.C. 1378] (a) It shall be unlawful un- less approved by order of the Board as provided in this section- (1) For two or more air carriers, or for any air carrier and any other common carrier or any person engaged in any other phase of aeronautics, to consolidate or merge their properties, or any part thereof, into one person for the ownership, management, or opera- tion of the properties theretofore in separate ownerships; (2) For any air carrier, any person controlling an air carrier, any other common carrier, or any person engaged in any other phase of aeronautics, to purchase, lease, or contract to operate the properti.es, or any substantial part thereof, of any air carrier; (3) For any air carrier or person controlling an air carrier to purchase, lease, or contract to operate the properties, or any sub- stantial part thereof, of any person engaged in any phase of aero- nautics otherwise than as an air carrier; (4) For any foreign air carrier or person controlling a foreign - air carrier to acquire control, in any manner whatsoever, of any (49 U.S.C. 5J SectIon 5(8) of the interstate Com~nerce Act, as amended, relates to the jurisdiction of the district courts of the United States. Section 5(6) of the Inter- state Commerce Act, as amended, is in substance the same as sec. 5(8) of the Interstate Commerce Ace before it was restated by the Transportation Act of 1940, 54 Stat. 905, approved September 18, 1940, and is presumably the section to which reference was intended to be made. Section 5(6) provides: "For the purposes of this section a person shall be held to be affiliated with a carrier if, by reason of the re]ationship of such person to such carrier (whether by reason of the method of, or circumstances surrounding organization or operation, or whether established through common directors, officers, or stockholders, a voting trust or trusts, a holding or Investment company or companies, or any other direct or indirect means), it is reasonable to believe that the affairs of any carrier of which control may be acquired by such person will be managed In the Interest of such other carrier." Section 1(3) (b) provides: "For the purposes of section(s) 5 where reference is made to control (in referring to a relationship between any person or persons and another person or persons), such reference shall be construed to include actual as well as legal control, whether maintained or exercised through or by reason of the method of or circumstances surrounding organization or operation, through or by common directors, officers, or stockholders, a voting trust or trusts, a holding or investment company or com- panies, or through or by any other direct or indirect means;. and to include the power to exercise controL" PAGENO="1238" 1232 AIR LAWS AND TREATIES OF THE WORLD citizen of the United States engaged in any phase of aeronautics; (5) For any air carrier or person controlling an air carrier, any other common carrier, or any person engaged in any other phase of aeronautics, to acquire control of any air carrier in any manner whatsoever; (6) For any air carrier or person controlling an air carrier to acquire control, in any manner whatsoever, of .~ny person engaged in any phase of aeronautics otherwise than as an air carrier; or (7) For any person to continue to maintain any relationship established in violation of any of the foregoing subdivisions of this subsection. Power of Board (b) Any person seeking approval of a consolidation, merger, pur- chase, lease, operating contract, or acquisition of control, specified in subsection (a) of this section, shall present an application to the Board, and thereupon the Board shall notify the persons involved in the consolidation, merger, purchase, lease, operating contract, or ac- quisition of control, and other persons known to have a substantial interest in the proceeding, of the time and place of a public hearing. Unless, after such hearing, the Board finds that the consolidation, merger, purchase, lease, operating contract, or acquisition of control will not be consistent with the public interest or that the conditions of this section will not be fulfilled, it shall by order approve such con- solidation, merger, purchase, lease, operating contract, or acquisition of control, upon such terms and conditions as it shall find to be just and reasonable and with such modifications as it may prescribe: Pro- vided, That the Board shall not approve any consolidation, merger, purchase, lease, operating contract, or acquisition of control which would result in creating a monopoly or monopolies and thereby re- strain competition or jeopardize another air carrier not a party to the consolidation, merger, purchase, lease, operating contract, or acquisi- tion of control: Provided further, That if the applicant is a carrier other than an air carrier, or a person controlled by a carrier other than an air carrier or affiliated therewith within the ñieaning of sec- tion 5(8) of the Interstate Commerce Act, as amended,4 such appli- cant shall for the purposes of this section be considered an air carrier and the Board shall not enter such an order of approval unless it finds that the transaction proposed will promote the public interest by enabling such carrier other than an air carrier to use aircraft to public advantage in its operation and will not restrain competition. Interests in Ground Facilities (c) The provisions of this section and section 409 shall not apply with respect to the acquisition or holding by any air carrier, or any officer or director thereof, of (1) any interest in any ticket office, land- ing area, hangar, or other ground facility reasonably incidental to the performance by such air carrier of any of its services, or (2) any stock or other interest or any office or directorship in any person whose principal business is the maintenance or operation of any such ticket office, landing area, hangar, or other ground facility. `See footnote 3, ante. PAGENO="1239" AIR LAWS AND TREATIES OF THE WORLD 1233 Jurisdiction of Accounts of Noncarriers (d) Whenever, after the effective date of this section, a person, not an air carrier, is authorized, pursuant to this section, to acquire con- trol of an air carrier, such person thereafter shall, to the extent found by the Board to be reasonably necessary for the administration of this Act, be subject, in the same manner as if such person were an air car- rier, to the provisions of this Act relating to accounts, records, and reports, and the inspection of facilities and records, including the penalties applicable in the case of violations thereof. Investigation of Violations (e) The Board is empowered, upon complaint or upon its own ini- tiative, to investigate and, after notice and hearing, to determine whether any person is violating any provision of subsection (a) of this section. If the Board finds after such hearing that such person is violating any provision of such subsection, it shall by order require such person to take such action, consistent with the provisions of this Act, as may be necessary, in the opinion of the Board, to prevent further violation of such provision. PROHIBITED INTERESTS Interlocking Relationships SEC 409. [72 Stat. 788, 49 U.S.C. 1379] (a) It shall be unlawful, unless such relat~ship shall have been approved by order of the Board upon due showing, in the form and manner prescribed by the Board, that the public interest will not be adversely affected thereby- (I) Fo~r any air carrier to have and retain an officer or director who is an officer, director, or member, or who as a stockholder holds a controlling interest, in any other person who is a common carrier or is engaged in any phase of aeronautics. (2) For any air carrier, Imowingly and willfully, to have and retain an officer or director who has a representative or nominee who represents such officer or director as an officer, director, or member, or as a stockholder holding a controlling interest, in any other person who is a common carrier or is engaged in any phase of aeronautics. (3) For any person who is an officer or director of an air carrier to hold the position of officer, director, or member, or to be a stockholder holding a controlling interest, or to have a repre- sentative or nominee who represents such person as an officer, director, or member, or as a stockholder holding a controlling interest, in any other person who is a common carrier or is en~ gaged in any phase of aeronautics. (4) For any air carrier to have and retain an officer or director who is an officer, director, or member, or who as a stockholder holds a controlling interest, in any person whose principal busi- ness, in purpose or in fact, is the holding of stock in, or control of, any other person engaged in any phase of aeronautics. PAGENO="1240" 1234 MR LAWS AND TREATIES OF TUE WORLD (5) For any air carrier, knowingly and willfully, to have and retain an officer or director who has a representative or nominee who represents such officer or director as an officer, direct9r, or member, or as a stockholder holding a controllinginterest, in any person whose principal business, in purpose or in fact, is the holding of' stock in, or control of, any other person engaged in any phase of aeronautics. (6) For any person who is an officer or director of an air carrier to hold the position of officer, director, or member, or to be a stock- holder holding a controlling interest, or to have a representative or nominee who represents such person as an officer, director, or member, or as a stockholder holding a controlling interest, jn ahy person whose principal business, in purpose or in fact, is the hold- ing of stock in, or control of~ any other person engaged in any phase of aeronautics. Profit From Transfer of Securities (b) It shall be unlawful for any officer or director of any air carrier to receive for his own benefit, directly. or indirectly, any money or thing of value in respect of negotiation, hypothecation, or sale of any securities issued or to be issued by such carrier, or to share in any of the proceeds thereof. LOANS AND FINANCIAL AID. SEC. 410. [72 Stat. 769, 49 U.S.C. 1380], The Board is empowered to approve or disapprove, in whole or in part~, any and all applications made after the effective date of this section for or in connection with any loan or other `financial aid from the United States or any agency thereof to, or for the benefit of, any air carrier. No such loan or finan- cial aid shall be made or given without such approval, and the terms and conditions upon which such loan or financial aid is provided shall be prescribed by the Board. METHODS OF COMPETITION SEC. 411. [72 Stat. 769, 49 U.S.C. 1381] The Board may, upon its own ir~itiative or upon complaint by any air carrier, foreign air carrier, or ticket agent, if it considers that such action by it would be in the interest of the public, investigate and determine whether any air car- rier, foreign air carrier, or ticket agent has been or is engaged in unfair or deceptive practices or unfair methods of competition in air trans- portation or the sale thereof. If the Board shall find, after notice and hearing, that such air carrier, foreign. air carrier, or ticket agent is engaged in such unfair or deceptive practices or unfair methods of competition, it shall order such air carrier, foreign air carrier, or ticket agent to cease and desist from such practices or methods of competition. POOLING AND OTHER AGREEMENTS Filing of Agreements Required SEC. 412. [72 Stat. 770, 49 U.S.C. 13821 (a) Every air carrier shall file with the Board a true copy, or, if oral, a true `and complete mem- PAGENO="1241" AIR LAWS AND TREATIES OF TUB WORLD 1235 orandum, of every contract or agreement (whether enforceable b provisions for liquidated damages, penalties, bonds, or otherwise affecting air transportation and in force on the effective date of this section or hereafter entered into, or any modification or cancellation thereof, between such air. carrier and any other air carrier, foreign air carrier, or other carrier for pooling or apportioning earnings,losses, traffic, service, or equipment, or relating to the establishment of trans- portation rates, fares, charges, or classifications, or for preserving and improving safety, economy, and efficiency of operation, or for controlling, regulating, preventing, or otherwise eliminating destruc- tive, oppressive, or wasteful competition, or for regulating stops, schedules, and character of service, or for other cooperative working arrangements. Approval by Board (b) The Board shall by order disapprove any such contract or agree- ment, whether or not previously approved by it, that it finds to be adverse to the public interest, or in violation of this Act, and shall by order approve any such contract or agreement, or any modification or cancellation thereof, that it does not find to be adverse to the public interest, or in violation of this Act; except that the Board may not approve any contract or agreement between an air carrier not directly engaged in the operation of aircraft in air transportation and a com- mon carrier subject to the Interstate Commerce Act, as amended, gov- erning the compensation to be received by such common carrier for transportation services performed by it. FORM OF CONTROL SEC. 413. [72 Stat. 770, 49 U.S.C. 1383] For the purposes of this title, whenever reference is made to control, it is immaterial whether such control is direct or indirect. LEGAL RESTRAINTS SEC. 414. [72 Stat. 770,49 U.S.C. 1384] .Any person affected by any order made under sections 408, 409, or 412 of this Act shall be, and is hereby, relieved from the operations of the "antitrust laws", as desig- nated in section 1 of the Act entitled "An Act to supplement existing laws against unlawful restraints and monopolies, and for other pur- poses", approved October .15, 1914, and of all other restraints or prohi- bitions made by, or imposed under, authority of law, insofar as may be necessary to enable such person to do anything authorized, ap- proved, or required by such order. INQUIRY INTO AIR CARRIER MANAGEMENT SEC. 415. [72 Stat. 770, 49 U.S.C. 1385] For the purpose of exercis- ing and performing its powers and duties under this Act, the Board 35 empowered to inquire into the management of the business of any air carrier and, to the extent reasonably necessary for any such in- quiry, to obtain from such carrier, and from any person controlling or controlled by, or under common control with, such air carrier, full and complete reports and other information. PAGENO="1242" 1236 AIR LAWS AND TREATIES OF THE WORLD CLASSIFICATION AND EXEMPTION OF CARRIERS Classification SEc. 416. [72 Stat. 771,49 U.S.C. 1386] (a) The Board may from tine to time establish such just and reasonable classifications or groups of air carriers for the purposes of this title as the nature of the serv- ices performed by such air carriers shall require; and such just and reasonable rules and regulations, pursuant to and consistent with the provisions of this title, to be observed by each such class or group, as the Board finds necessary in the public interest. Exemptions (b) (1) The Board, from time to time and to the extent necessary, may (except as provided in paragraph (2) of this subsection) exempt from the requirements of this title or any provision thereof, or any rule, regulation, term, condition, or limitation prescribed thereunder, any air carrier or class of air carriers, if it finds that the enforcement of this title or. such provision, or such rule, regulation, term, condition, or limitation is or would be an undue burden on such air carrier or class of air carriers by reason of the limited extent of, or unusual cir- cumstances affecting, the operations of such air carrier or class of air carriers and is not in the public interest. (2) The Board shall not exempt any air carrier from any provision of subsection (k) of section 401 of this title, except that (A) any air carrier not engaged in scheduled air transportation, and (B), to the extent that the operations of such air carrier are conducted during daylight hours, any air carrier engaged in scheduled air transporta- tion, may be exempted from the provisions of paragraphs (1) and (2) of such subsection if the Board finds, after notice and hearing, that, by reason of the limited extent of, or unusual circumstances affecting, the operations of any such air carrier, the enforcement of such para- graphs is or would be such an undue burden on such air carrier as to obstruct its development and prevent it from beginning or continuing operations, and that the exemption of such air carrier from such para- graphs would not adversely affect the public interest: Provided, That nothing in this subsection shall be deemed to authorize the Board to exempt any air carrier from any requirement of this title, or any pro- vision thereof, or any nile, regulation, term, condition, or limitation prescribed thereunder which provides for maximum flying hours for pilots or copilots. TITLE V-NATIONALITY AND OWNERSHI~P OF AIRCRAFT REGISTRATION OF AIRCRAFT NATIONALITY Registration Required SEc. 501. [72 Stat. 771, 49 U.S.C. 1401] (a) It shall be unlawful for any person to operate or navigate any aircraft eligible for regis- tration if such aircraft is not registered by its owner as provided in this section, or (except as provided in section 1108 of this Act) to operate PAGENO="1243" AIR LAWS AND TREATIES OF THE WORLD 1237 or navigate within the United States any aircraft not eligible for registration: Provided, That aircraft of the national-defense forces of the United States may be operated and navigated without being so registered if such aircraft are identified, by the agency having juristhc- tion over them, in a manner satisfactory to the Administrator. The Administrator may, by regulation, permit the operation and naviga- tion of aircraft without registration by the owner for such reasonable periods after transfer of ownership thereof as the Administrator may prescribe. Eligibility for Registration (b) An aircraft shall be eligible for registration if, but only if- (1) It is owned by a citizen of the United States and it is not registered under the laws of any foreign country; or (2) It is an aircraft of the Federal Government, or of a State, Territory, or possession of the United States, or the District of Columbia, or of a political subdivision thereof. Issuance of Certificate (c) Upon request of the owner of any aircraft eligible for regis- tration, such aircraft shall be registered by the Administrator and the Administrator shall issue to the owner thereof a certificate of registration. Applications (d) Applications for such certificates shall be in such form, be filed in such manner, and contain such information as the Administrator may require. Suspension or Revocation (e) Any such certificate may be suspended or revoked by the Ad- ministrator for any cause which renders the aircraft ineligible for registration. Effect of Registration (f) Such certificate shall be conclusive evidence of nationality for international purposes, but not in any proceeding under the laws of the United States. Registration shall not be evidence of ownership of aircraft in any proceeding in which such ownership by a particular person is, or may be, in i~sue~ - REGISTRATION OF ENGINES, PROPELLERS, AND APPLIANCES SEC. 502. [72 Stat. 772, 49 U.S.C. 1402] The Administrator may establish reasonable rules and regulations for registration and identi- fication of aiccraft engines, propellers, and appliances, in, the interest of safety, and no aircraft engine, propeller, or appliance shall be used in violation of any such rule or regulation. RECORDATION OF AIRCRAFT OWNERSHIP Establishment of Recording System SEC. 503. [72 Stat. 772, U.S.C. 1403] (a) The Administrator, shall establish and maintain a system for the recording of each and all of the following: PAGENO="1244" 1238 AIR LAWS AND TREATIES OF THE WORLD (1) Any conveyance which affects the title to, or any interest ~n, any civil aircraft of,the United States; "(2) Any lease, and any mortgage, equipment trust, contract of conditional sale, or other instrument executed for security pur- poses, which lease or other instrument affects the title to, or any interest in, any specifically identified aircraft engine or engines of seven hundred and fifty or more rated takeoff horsepower for each such engine or the equivalent of such horsepower, or any specifically identified aircraft propeller capable of absorbing seven hundred and fifty or more rated takeoff shaft horsepower, and also any assignment or amendment thereof or supplement thereto ;". 5 (3) Ai~iy lease, and any mortgage, equipment trust, contract of conditional sale, or other instrument executed for security pur- poses, which lease or other instrument; affects the title to, or any interest in, any aircraft engines, propellers, or appliances main- tamed by or on behalf of an air carrier certifIcated under section (04(b) of this Act for installation or misc in aircraft, aircraft engines, or propellers, or any spare parts maintained by or on behalf of such an air carrier, which. instrument need only de- scribe generally by types the engines, propellers, appliances, and spare parts covered thereby and designate the location or loca- tions thereof; and also any assignment or amendment thereof or supplement thereto. Recording of Releases (b) The Administrator shall also record under the system provided for in subsection (a) of this section any relea~e, cancellation, dis- charge, or satisfaction relating to any conveyance or other instrument recorded under said system. Conveyances To Be Recorded' (c) No conveyance or instrument the recording of which is provided for by section 503(a) shall be valid in respect of such aircraft, air- craft engine or engines, propellers, appliances, or spare parts against any person other than the. person by whom the conveyance or other instrument is made or given, his heir or devisee, or any person having actual notice thereof, until such conveyance or other instrument is filed for recordation in the office of the Administrator: Provided ;That previous recording of any conveyance or instrument with the Ad- ministrator of the Civil Aeronautics Administration under the pro- visions of the Civil Aeronautics Act of 1938 shall have the same force and effect as though recorded as provided herein; and conveyances, the recording of which is provided for by section 503 (a) (1) made on or before August 21, 1938, and instruments, the recording of which is provided for by sections 503 (a) (2) arid 503 (a) (3) made on or before June 19, 1948, shall not be subject to tue provisions of this subsection. Effect of Recording (d) Each conveyance or other instrument recorded by means of or under t,he system provided for in subsection (a) or (b) of this section 5Amended by Public Law 86-81, 86th Cong. S. 1368 July 8 1959 Section 1 (72 Stat. 772, 49 U.S.C. 1403). PAGENO="1245" AIR LAWS AND TREATIES OF THE WORLD 1239 shall from the time of its filing for recordation be valid as to all per- sons without further or other recordation, except that an instrument recorded pursuant to section 503 (a) (3) shall be effective only with respect to Those of such items which may from time to time be situated at the designated location or locations and only while ~o situated: "Provided, That un instrument recorded under section 503 (a) (2) shall not be affected as to the. engine or engines, or propeller or pro- pellers, specifically identified therein, by any instrument theretofore or thereafter recorded pursuant to section 503(a) (3) ,"6 Form of Conveyances (e) No conveyance or other instrument shall be recorded unless it shall have been acknowledged before a notary public or other officer authorized by the law of the United States, or of a State, Territory, or possession thereof, or the District of Columbia, to take acknowledg- ment of deeds. Index of Conveyances (1) The Administrator shall keep a record of' the time and date of the filing of conveyances and other instruments with him and of the time arid date of recordation thereof. He shall record conveyances and other instruments filed with him in the order of their reception, in files to be kept for that purpose, and indexed according to- "(1) the identifying description of the aircraft, aircraft engine, or propeller, or in the case of an instrument referred to in section 503 (a) (3), the location or locations specified therein; and". ~ (2) the names of the parties to the conveyance or other instrument. Regulations (g) The Administrator is authorized to provide by regulation for the endorsement upon certificates of registration, or aircraft certifi- cates, of information with respect to the ownership of the aircraft for which each certificate is issued, the recording of discharges and satis- factions of recorded instruments, and other transactions affecting title to or interest in aircraft, aircraft engines, propellers, appliances, or parts, and for such other records, proceedings, and details as ma~ be necessary to facilitate the determination of the rights of parties dealing with civil aircraft of the United States, aircraft engines, propellers, appliances, or parts. Previously Unrecorded Ownership (h) The person applying for the issuance or renewal of an air- worthiness certificate for an aircraft with respect to which there has been no recordation of ownership as provided in this section shall present with his application such information with respect to the ownership of the aircraft as the Administrator shall deem necessary to show the persons who are holders of property interests in such aircraft and the nature and extent of such interests LIMITATION OF SECURITY OWNERS LIABILITY SEc. 504. [72 Stat. 774,49 U.S.C. 1404] No person having a security interest in, or security title to, any civil aircraft engine, or propeller OAmended by Public Law 86-81, S. 1368, July 8, 1959, Section 3 (73 `Stat. 181).. 7 Amended by id., Section 4. PAGENO="1246" 1240 AIR LAWS AND TREATIES OF THE WORLD under a contract of conditional sale, equipment trust, chattel or cor- porate mortgage, or other instrument of similar nature, and no lessor of any such aircraft, aircraft engine, or propeller under a bona fide lease of thirty days or more, shall be liable by reason of such interest or title, or by reason of his interest as lessor or owner of the aircraft, aircraft engine, or propeller so leased, for any injury to or death of persons, or damage to or loss of property, on the surface of the earth (whether on land or water) caused by such aircraft, aircraft engine, or propeller, or by the ascent., descent, or flight of such aircraft, air- craft engine., or propeller or by the dropping or falling of an object therefrom, unless such aircraft, aircraft engine, or propeller is in the actual possession or control of such person at the time of such injury, death, damage, or loss."8 DEALERS~ AIRCRAFP REGISTRATION CERTIFICATES SEc. 505. [72 Stat. 774,49 U.S.C. 1405] The Administrator may, by such reasonable regulationsas he may find to be in the public interest, provide for the issuance, and for the suspension or revocation, of dealers' aircraft registration certificates, and for their use in connec- tion with aircraft eligible for registration under this Act by persons engaged in the business of manufacturing, distributing, or selling aircraft. Aircraft owned by holders of dealers' aircraft registration certificates shall be deemed registered under this Act to the extent that the Administrator may, by regulation, provide. It shall be unlawful for any person to violate any regulation, or any term, condition, or limitation contained in any certificate, issued under this section. TITLE VI-SAFETY REGULATION OF CIVIL AERONAUTICS GENERAL SAFETY POWERS AND DuTIES Minimum Standards; Rules and Regulations SEc. 601. [72 Stat. 775, 49 U.S.C. 1421] (a) The Administrator is empowered and it shall be his duty to promote safety of flight of civil aircraft in air commerce by prescribing and revising from time to time: (1) Such minimum standards governing the design, materials, workmanship, construction, and performance of aircraft, aircraft engines, and propellers as may be required in the interest of safety;~ (2) Su~h minimum standards governing appliances as may be re- quired in the interest of safety; (3) Reasonable rules and regulations and minimum st,atidards gov- erning, in the interest of safety, (A) the inspection, servicing, and overhaul of aircraft, aircraft engines, propellers, and appliances; (B) the equipment and facilities for such inspection, servicing, and overhaul; and (C) in the discretion of the Administrator, the periods for, and the manner in, which such inspection, servicing, and overhaul shall be made, including provision for examinations and reports by properly qualified private persons whose examinations or reports the Administrator may accept in lieu of those made by its officers and employees; (4) Reasonable rules and regulations governing the reserve supply of aircraft, aircraft engines, propellers, appliances, and aircraft fuel 8Amendedby id, section 2. PAGENO="1247" AIR LAWS AND TREATIES OF THE WORLD 1241 and oil, required in the interest of safety, including the reserve supply ~of aircraft fuel and oil which shall be carried in flight; (5) Reasonable rules and regulations governing, in the interest of safety, the maximum hours or periods of service of airm~n, and other employees, of air carriers; and (6) Such reasonable rules and regulations, or minimum standards, governing other practices, methods, and procedure, as the Adminis- trator may find necessary to provide adequately for national security and safety in air commerce. Needs of Service To Be Considered; Classification of Standards, etc. (b) In prescribing standards, rules, and regulations, and in issuing certificates under this title, the Administrator shall give full consider- ation to the duty resting upon air carriers to perform their ~rv1ces with the highest possible degree of safety in the public interest~ aiid to any differences between air trarisj)ort.ation and other air commerce; and he shall make classifications of such standards, rules, regulations, and certificates appropriate to the differences between air transpor- tation and other air commerce. The Administrator may authorize any aircraft, aircr~tft engine, propeller, or appliance, for which an air- craft certificate authorizing use thereof in air transportation has been issued, to be used in other air commerce without the issuance of a fur- ther certificate. The Administrator shall exercise and perform his powers and duties under this Act in such manner as will best tend to reduce or eliminate the possibility of, or recurrence of, accidents in air transportation, but shall not deem himself required to give prefer- ence to either air transportation or other air commerce in the admims- tration and enforcement of this title. Exemptions (c) The Administrator from time to time may grant exemptions from the requirements of any rule or regulation prescribed under this title if he finds that such action would be in the public interest. AIRMAN CERTIFICATES Power to Issue Certificate SEC. 602. [7f3 Stat. 776, 4~9 U.S.U. 14~32] (a) The Administrator is empowered to issue airman certificates specifying the capacity in which the holders thereof are authorized 1.0 serve as airmen in connection with aircraft. Issuance of Certificate (b) Any person may file with the Administrator an application for an airman certificate. If the A (Tm in istralor finds, after investigation, that such ~CrSofl ~)0sSeSSes proper qualifications for, and is physically able to perform the duties pertaining to, the posdion for which the air- man certificate is sought, he shall issue such certificate, containing such terms, conditions, and limitations as to duration thereof, periodic or special examinations, tests of physical fitness, and other matters as the Administrator may determine to be necessary to assure safety in air commerce. Except in the case of persons whose certificates are, at the time of denial, under order of suspension or whose certificates PAGENO="1248" 1242 AIR LAWS AND TREATIES OF THE WORLD have been revoked within one year of the date of such denial, any person whose application for the issuance or renewal of an airman certificate is denied may file with the Board a petition for review of the Administrator's action. The Board shall thereupon assign such petition for hearing at a place convenient to the applicant's place of i~esidence or employment. In the conduct of such hearing and in determining whether the airman meets the pertinent rules, regulations, or standards, the Board shall not be bound by findings of fact of the Administrator. At the conclusion of such hearing, the Board shall issue its decision as to whether the airman meets the pertinent rules, regulations, and standards and the Administrator shall be bound by such decision: Provided, That the Administrator may, in his discre- tion, prohibit or restrict the issuance of airman certificates to aliens, or `may `make such issuance dependent on the terms of reciprocal agreements entered into with foreign governments. Form and Recording of Certificate (c) Each certificate shall be numbered and recorded by the Ad- ministrator; shall state the name and address of, and contain a de- scription of, the person to whom the certificate is issued; and shall be entitled with the designation of the class covered thereby. Certifi- cates issued to all pilots serving in scheduled air transportation shall be designated "airline transport pilot" of the proper class. AIRCRAFT CERTIFICATES Type Certificates SEC. 603. [72 Stat. 776,49 U.S.C. 1423] (a) (1) The Administrator is empowered to issue type certificates for aircraft, aircraft engines,. and propellers; to specify in regulations the appliances for which the issuance of type certificates is reasonably required in the interest of safety; and to issue such certificates for appliances so specified. (2) Any interested person may file with the Administrator an ap- plication for a type certificate for an aircraft, aircraft engine, pro- peller, or appliance specified in regulations under paragraph (1) of this subsection. Upon receipt of an application, the Administrator shall make an investigation thereof and may hold hearings thereon. The Administrator shall make, or require the applicant to make, such tests during manufacture and upon completion as the Administrator deems reasonably necessary in the interest of safety, including flight. tests and tests of raw materials or any part or appurtenance of such aircraft, aircraft engine, propeller, or appliance. If the Administra- tor finds that such aircraft, aircraft engine, propeller, or appliance is of proper design, material, specification, construction, and perform- ance for safe operation, and meets the minimum standards, rules, and regulations prescribed, by the Administrator, he shall issue a type certificate therefor. The Administrator may prescribe in any such certificate the duration thereof and such other terms, conditions, and limitations as are required in the interest of safety. The Administra- tor may record upon any certificate issued for aircraft, aircraft engines, or propellers, a numerical determination of all of the essential factors relative to the performance of the aircraft, aircraft engine, or pro-~ peller for which the certificate is issued. PAGENO="1249" AIR LAWS AND TREATIES OF THE WORLD 1243 Production Certificate (b) Upon application, and if it satisfactorily appears to the Ad- ministrator that duplicates of any aircraft, aircraft engine, propeller, or appliance for which a type certificate has been issued will conform to such certificate, the Administrator shall issue a production certifi- cate authorizing the production of duplicates of such aircraft, aircraft engines, propellers, or appliances. The Administrator shall make such inspection and may require such tests of any aircraft, aircraft engine, propeller, or appliance manufactured under a production certificate as may be necessary to assure manufacture of each unit in conformity with the type certificate or any amendment or modi- fication thereof. The Administrator may prescribe in any such pro- duction certificate the duration thereof and such other terms, condi- tions, and limitations as are required in the interest of safety. Airworthiness Certificate * (c) The registered owner of any aircraft may file with the Admin- istrator an application for an airworthiness certificate for such air- craft. If the Administrator finds that the aircraft conforms to the type certificate therefor, and, after inspection, that the aircraft is in condition for safe operation, he shall issue an airworthiness certificate. The Administrator may prescribe in such certificate the duration of such certificate, the type of service for which the aircraft may be used, and such other terms, conditions, and limitations as are required in the interest of safety. Each such certificate shall be registered by the Administrator and shall set forth such information as the Administrator may deem advisable. The certificate number, or such other individual designation as may be required by the Administra- tor, shall be displayed upon each aircraft in accordance with regula- tions prescribed by the Administrator. AIR CARRIER OPERATING CERTIPICATE8 Power to Issue S~ 604. [7~ Stat. 778,49 U.S.C. 14~4] (a) The Administrator is. empbwered to issue air carrh~r operatin~ certificates and to establish minimum safety standards for the operation of the air carrier to whom any such certificate is issued. Issuance (b) Any person desiring to operate as an air carrier may file with the Administrator an application for an air carrier operating cer- tificate. If the Administrator finds, after investigation, that such person is properly and adequately equipped and able to conduct a safe operation in accordance with the requirements of~ this Act and the rules, regulations, and standards prescribed thereunder, he shall issue an air carrier operating certificate to such person. Each air carrier operating certificate shall prescribe such terms, conditions, and limitations as are reasonably necessary to assure safety in air 67717 O-~61-------79 PAGENO="1250" 1244 AIR LAWS AND TREATIES OF THE WORLD transportation, and shall specify the points to and from which, and the Federal airways over which, such person is authorized to operate as ~m air carrier under an air carrier operating certificate. MAINTENANCE OF EQUIPMENT IN AIR TRANSPORTATION Duty of Carriers and Airmen SEcJ. 605. [72 Stat. 778,49 U.S.C. 1425] (a) It shall be the duty of each air carrier to make, or cause to be made, such inspection, main- tenance, overhaul, and repair of all equipment used in air transporta- tion as may be required by this Act, or the orders, rules, and regula- tions of the Administrator issued thereunder. And it shall be the duty of every person engaged in operating, inspecting, maintaining, or overhauling equipment to observe and comply with the requirements of this Act relating thereto, and the orders, rules, and regulations issued thereunder. Inspection (b) The Administrator shall employ inspectors who shall be charged with the duty (1) of making such inspections of aircraft, aircraft engines, propellers, and appliances designed for use in air transportation, during manufacture, and while used by an air carrier in air transportation, as may be necessary to enable the Administrator to determine that such aircraft, aircraft engines, propellers, and appli- ances are in safe condition and are properly maintained for operation in air transportation; and (2) of advising and cooperating with each air carrier in the inspection and maintenance thereof by the air car- rier. Whenever any inspector shall, in the performance of his duty, find that any aircraft, aircraft engine, propeller, or appliance, used or intended to be used by any air carrier in air transportation, is not in condition for safe operation, he shall so notify the carrier, in such form and manner as the Administrator may prescribe;, and, for a period of five days thereafter, such aircraft, aircraft engine, propeller, or appliance shall not be used in air transportation, or in such manner as to endanger air transportation, unless found by the Administrator or his inspector to be in condition for safe operation. AIR NAVIGATION FACILITY RATING SEC. 806. [72 Stat. 779, 49 U.S.C. 1426] The Administrator is em- powered to inspect, classify, and rate any air navigation facility avail- able for the use of civil aircraft, as to its suitability for such use. The Administrator is empowered to issue a certificate for any such air navigation facility. AIR AGENCY RATING SEC. 607. [72 Stat. 779, 49 U.S.C. 1427] The Administrator is em- powered to provide for `the examination and rating of (1) civilian schools giving instruction in flying or in the repair, alteration, main- tenance, and overhaul of aircraft, aircraft engines, propelleriç. and ap- pliances, as to the adequacy of the course of instruction, the suitability and airworthiness of the equipment, and the competency of the in- PAGENO="1251" AIR LAWS AND TREATIES OF THE WORLD 1245 structors; (2) repair stations or shops for the repair, alteration, main- tenance, and overhaul of aircraft, aircraft engi~~~s, propellers, or ap- pliances, as to the adequacy and suitability of the equipment, facilities, and materials for, and methods of, repair, alteration, maintenance, and overhaul of aircraft, aircraft engines, propellers, and appliances, and the competency of those engaged in the work or giving any instruction therein; and (3) such other air agencies as may, in his opinion, be neces- sary in the interest of the public. The Administrator is empowered to issue certificates for such schools, repair stations, and other agencies. FORM OF APPLICATIONS SEC. 608. [72 Stat. 779,49 U.S.C. 1498] Applications for certificates under this title shall be in such form, contain such information, and be filed and served in such manner as the Administrator may prescribe, and shall be under oath whenever the Administrator so requires. AMENDMENT~ SuSPENSION, AND REVOCATION OF CERTIFICATES SEC. 609. [72 Stat. 779, 49 U.S.C. 1429] The Administrator may, from time to time, reinspect any civil aircraft, aircraft engine, pro- peller, appliance, air navigation facility, or air agency, or may re- examine any civil airman. If, as a result of any such reinspection or reexamination, or if, as a result of any other investigation made by the Administrator, he determines that safety in air commerce or air transportation and the public interest requires, the Administrator may issue an order amended, modifying, suspending, or revoking, in whole or in part, any type certificate, production certificate, airworthi- ness certificate, airman certificate, air carrier operating certificate, air navigation facility certificate, or air agency certificate. Prior to amending, modifying, suspending, or revoking any of the foregoing certificates, the Administrator shall advise the holder thereof as to any charges or other reasons relied upon by the Administrator for his proposed action and, except in cases of emergency, shall provide the holder of such a certificate an opportunity to answer any charges and be heard as to why such certificate should not be amended, modi- fied, suspended, or revoked. Any person whose certificate is affected by such an order of the Administrator under this section may appeal the Administrator's order to the Board and the Board may, after notice and hearing, amend, modify, or reverse the Administrator's order if it finds that safety in air commerce or air transportation and the public interest do not require affirmation of the Administrator's order. In the conduct of its hearings the Board shall not be bound by findings of fact of the Administrator. The filing of an appeal with the Board shall stay the effectiveness of the Administrator's order unless the Administrator advises the Board that an emergency exists and safety in air commerce or air transportation requires the im- mediate effectiveness of his order, in which event the order shall remain effective and the Board shall finally dispose of the appeal within sixty days after being so advised by the Administrator. The person substantially affected by the Board's order may obtain judicial review of said order under the provisions of section 1006, and the Administrator shall be made a. party to. such proceedings. PAGENO="1252" 1246 Am LAWS AND TREATIES OF THE WORLD PROHIBITIONS Violations of Title SEc. 610. [72 Stat. 780, 49 U.S.C. 1430] (a) It shall be unlawful- (1) For any person to operate in air commerce any civil air- craft for which there is not currently in effect an airworthiness certificate, or in violation of the terms of any such certificate; (2) For any person to serve in any capacity as an airman in connection with any civil aircraft, aircraft engine, propeller or appliance used or intended for use, in air commerce without an airman certificate authorizing him to serve in such capacity, or in violation of any term, condition, or limitation thereof, or in vio- lation of any order, rule, or regulation issued under this title; (3) For any person to employ for service in connection with any civil aircraft used in air commerce an airman who does not have an airman certificate authorizing him to serve in the capacity for which he is employed; (4) For any person to operate as an air carrier without an air carrier operating certificate, or in violation of the terms of any such certificate; (5) For any person to operate aircraft in air commerce in violation of any other rule, regulation, or certificate of the Administrator under this title; t~nd (6) For any person to operate a seaplane or other aircraft of United States registry upon the high seas in contravention of the regulations proclaimed by the President pursuant to section 1 of the Act entitled "An Act to authorize the President to pro- claim regulations for preventing collisions at sea", approved October 11, 1951 (Public Law 172, Eighty-second Congress; 65 Stat. 406); and (7) For any person holding an air agency or production cer- tificate to violate any term, condition, or limitation thereof, or to violate any order, rule, or regulation under this title relating to the holder of such certificate. Exemption of Foreign Aircraft and Airmen (b) Foreign aircraft and airmen serving in connection therewith may, except with respect to the observance by such airmen of the air traffic rules, be exempted from the provisions of subsection (a) of this section, to the extent, and upon such terms and conditions, as may be prescribed by the Administrator as being in the interest of the public. TITLE Vu-AIRCRAFT ACCIDENT INVESTIGATION ACCIDENTS INVOLVING CIVIL AIRCRAFT General Duties SEc. 701. [72 Stat. 781, 49 U.S.C. 1441] (a)* It shall be the duty of the Board to- (1) Make rules and regulations governing notification and report of accidents involving civil aircraft; PAGENO="1253" AIR LAWS AND TREATIES OF THE WORLD 1247 (2) Investigate such accidents and report the facts, condi- tions, and. circumstances relating to each accident and. the prob- able cause thereof; (3) Make such recommendations to the Administrator as, in its opinion, will tend to prevent similar accidents in the future; (4) Make such reports public in such form and manner as may be deemed by it to be in the public interest; and (5) Ascertain what will best tend to reduce or eliminate the possibility of, or recurrence of, accidents by conducting special studies and investigations on matters pertaining to safety in air navigation and the prevention of accidents. Temporary Personnel (b) The Board may, without regard to the civil-service laws, en- gage, for temporary service in the investigation of any accident in- volving aircraft, persons other than officers or employees of the United States and may fix their compensation without regard to the Classifi- cation Act of~ 1949, as `amended; and may, with consent of the head of the executive department or independent establishment under whose jurisdiction the officer or employee is serving, secure for such service any officer or employee of the United States. Conduct ~f Investigations (c) In conducting any hearing or investigation, any member of the Board or any officer or employee of the Board or any person engaged or secured under subsection (b) shall have the same powers as the Board has with respect to he.arings or investigations conducted by it. Aircraft (d) Any civil aircraft, aircraft engine, propeller, or appliance affected by, or involved in, an accident in air commerce, shall be pre- served in accordance with, and shall not be moved except in accord- ance with, regulations prescribed by the Board. Use of Records and Reports as Evidence (e) No part of any report or reports of the Board relating to any accident or the investigation thereof, shall be admitted as evidence or used in any suit or action for damages growing out of any matter mentioned in such report or reports. Use of Agency in Accident Investigations (f) Upon the request of the Board, the Administrator is authorized to make investigations with regard to aircraft accidents and to report to the Board the facts, conditions, and circumstances thereof, and the Board is authorized to utilize such reports in making its determina- tions of probable cause under this title. Participation by Agency (g) In order to assure the proper discharge by the Administrator of his duties and responsibilities, the Board shall provide for the PAGENO="1254" 1248 AIR LAWS AND TREATIES OF THE WORLD appropriate participation of th~ Administrator and his representa- tives in any investigations conducted by the Board under this title: Provided, That the Administrator or his representatives shall not participate in the determination of probable cause by the Board under this title. ACCIDENTS INVOLVING MILITARY AIRCRAFT SEC. 702. [72 Stat. 782, 49 U.S.C. 1442] (a) In the case of acci- dents involving both civil and military aircraft, the Board shall pro- vide for participation in the investigation by appropriate military authorities. (b) In the case of accidents involving solely military aircraft and in which a function of the Administrator is or may be involved, the military, authorities shall provide for participation in the investiga- tion by the Administrator. (c) With respect to other accidents involving solely military air- craft, the military authorities shall provide the Administrator and the Board with any information with respect thereto which, in the judgment of the military authorities, would contribute to the promo- tion of air safety. SPECIAL BOARDS OF INQUIRY Sno. 703. [72 Stat. 782,49 U.S.C. 1442] (a) In any accident which involves substantial questions of public safety in air transportation the Board may establish a Special Board of Inquiry consisting of three members; one member of the Civil Aeronautics Board who shall act as Chairman of the Special Board of Inquiry; and two members repre- senting the public who shall be appointed by the President upon noti- fication of the creation of such Special Board of Inquiry by the Civil Aeronautics Board. (b) Such public members of the Special Board of Inquiry shall be duly qualified by training and experience to participate in such inquiry and shall have no pecuniary interest in any aviation enterprise in- volved in the accident to be investigated. (c) The Special Board of Inquiry when convened to investigate an accident certified to it by the Civil Aeronautics Board shall have all authority of the Civil Aeronautics `Board as described in this title. TITLE VIlI-OTRER ADMINISTRATIVE AGENCIES THE PRESIDENT OF THE UNITED STATES SEC. 801. [72 Stat. 782,49 U.S.C. 1461] The issuance, denial, trans- fer, amendment, cancellation, suspension, or revocation of, and the terms, conditions, and limitations contained in, any certificate author- izing an air carrier to engage in overseas or foreign air transportation, or air transportation between places in the same Territory or posses- sion, or any permit issuable to any foreign air carrier under section 402, shall be subject to the aproval of the President. Copies of all applications in respect of such certificates and permits shall be trans- mitted to the President'by the Board before hearing thereon, and all decisions thereon by the Board shall be submitted to the President before publication thereof. PAGENO="1255" AIR LAWS AND TREATIES OF THE WORLD 1249 THE DEPARTMENT OF STATE Si~c. 802. [72 Stat. 783, 49 U.S.C. 1462] The Secretary of State shall advise the Administrator, the Board, and the Secretary of Com- merce, and consult with the Administrator, Board, or Secretary, as appropriate, concerning the negotiations of any agreement with for- eign governments for the establishment or development of air naviga- tion, including air routes and services. WEATHER BUREAU SEC. 803. [72 Stat. 783,49 U.S.C. 1463] In order to promote safety and efficiency in air navigation to the highest possible degree, the Chief of the Weather Bureau, under the direction of the Secretary of Commerce, shall, in. addition to any other functions or duties pertain- ing to weather information for other purposes, (1) make such obser- vations, measurements, investigations, and studies of atmospheric phenomena, and establish such meteorological offices and stations, as are necessary or best suited for ascertaining, in advance, information concerning probable weather conditions; (2) furnish such reports, forecasts, warnings, and advices to the Administrator, and to such persons engaged in civil aeronautics as may be designated by the Ad- ministrator, and to such other persons as the Chief of the Weather Bureau may determine, and such reports shall be made in such man- ner and with such frequency as will best result in safety in and in facilitating air navigation; (3) cooperate with persons engaged in air commerce, or employees thereof, in meteorological service, establish and maintain reciprocal arrangements under which this provision is to be carried out and collect and disseminate weather reports avail- able from aircraft in flight; (4) establish and coordinate the inter- national exchanges of' meteorological information required for the safety and efficiency of air navigation; (5) participate in the develop- ment of an international basic meteorological reporting network, in- cluding the establishment, operation, and maintenance of reporting' stations on the high seas, in polar regions, and in foreign countries in cooperation with other governmental agencies of the United States : and the meteorological services of foreign countries and with persons engaged in air commerce; (6) coordinate meteorological requirements `~ in the United States in order to maintain standard observations, pro- mote efficient use of facilities and avoid duplication of services unless such duplication tends to promote the safety and efficiency of air navi- gation; and (7) promote and develop meteorological science and foster' and support research projects in meteorology through the utilization of private' and governmental research facilities and provide for the publication of the results of such research projects unless such publi- cations would be contrary to the public interest. TITLE TX-PENALTIES CIVIL PENALTIES Safety and Postal Offenses SEC. 90k. [72 Stat. 783, 49 U.S.C. 14711 (a) (1) Any person who' violates (A) any provision of titles III, V. VI, VII, or XII of this PAGENO="1256" 1250 AIR LAWS AND TREATIES OF THE WORLD Act, or any rule, regulation, or order issued thereunder, or (B) any rule or regulation issued by the Postmaster General under this Act, shall be subject to a civil penalty of not to exceed $1,000 for each such violation: Provided, That this subsection shall not apply to members of the Armed Forces of the United States, or those civilian employees of the Department of Defense who are subject. to the provisions of the Uniform Code of Military Justice, while engaged in the performance of their official duties; and the appropriate military authorities shall be responsible for taking any necessary disciplinary action with re- spect thereto and for making to the Administrator or Board, as ap- propriate, a timely report of any such action taken. (2) Any such civil penalty may be compromised by the Admin- istrator in the case of violations of titles III, V, VI, or XII, or any rule, regulation, or order issued thereunder, and by the Board in the case of violations of title VII, or any rule, regulation, or order issued thereunder, or the Postmaster General in the case of regulations issued by him. The amount of such penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the United States to the person charged. Liens (b) In case an aircraft is involved in such violation and the viola- tion is by the owner or person in command of the aircraft, such aircraft shall be subject to lien for the penalty: Provided, That this subsection shall not apply to a violation of a rule or regulation of the Postmaster General. CRIMINAL PENALTIES General SEC. 902. [72 Stat. 784,49 U.S.C. 1472] (a) Any person who know- ingly and willfully violates any provisions of this Act (except titles III, V, VI, VII, and XII), or any order, rule, or regulation issued under any such provision or any term, condition, or limitation of any certificate or permit issued under title IV, for which no penalty is otherwise herein provided, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject for the first offense to a fine of not more than $500, and for any subsequent offense to a fine of not more than $2,000. If such violation is a continuing one, each day of such violation shall constitute a separate offense. Forgery of Certificates and False Marking of Aircraft (b) Any person who knowingly and willfully forges, counterfeits, alters, or falsely makes any certificate authorized to be issued under this Act, or knowingly uses or attempts to use any such fraudulent certifi- cate, and any person who knowingly and willfully displays or causes to be displayed on any aircraft, any marks that are false or mislead- ing as to the nationality or registration of the aircraft, shall be subject to a fine of not exceeding $1,000 or to imprisonment not exceeding three years, or to both such fine and imprisonment. PAGENO="1257" AIR LAWS AND TREATIES OF THE WORLD 1251 Interference With Air Navigation (c) A person shall be subject to a fine of not exceeding $5,000 or to imprisonment not exceeding five years, or to both such fine and im- prisonment, who- (1) with intent to- interfere with air navigation within the United States, exhibits within the United States any light or signal at such place or in such manner that it is likely to be mistaken for a true light or signal established pursuant to this Act, or for a true light or signal in connection with an airport or other air navigation facility; or (~) after due warning by the Administrator, continues to maintain any misleading light or signal; or (3) knowingly removes, extinguishes, or interferes with the operation of any such true light or signal. Granting Rebates (d) Any air carrier, foreign air carrier, or ticket agent, or any officer, agent, employee, or representative thereof, who shall, know- ingly and willfully, offer, grant, or give, or cause to be offered, granted, or given, any rebate or other concession in violation of the provisions of this Act, or who, by any device or means, shall, knowingly and willfully, assist, or shall willingly suffer or permit, any person to obtain transportation or services subject to this Act at less than the rates, fares, or charges lawfully in effect, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be subject for each offense to a fine of not less than $100 and not more than $5,000. Failure to File Reports; Falsification of Records (e) Any air carrier, or any officer, agent, employee, or representa- tive thereof, who shall, knowingly and willfully, fail or refuse to make a report to the Board or Administrator as required by this Act, or to keep or preserve accounts, records, and memoranda in the form and manner prescribed or approved by the Board or Administrator, or shall, knowingly and willfully, falsify, mutilate, or alter any such report, account, record, or memorandum, or shall knowingly and willfully file any false report, account; record, or memorandum, shall be deemed guilty of a misdemeanor and, upon conviction thereof, be subject for each offense to a fine of not less than $100 and not more than $5,000. Divulging Information - (f) If the Administrator or any member of the Board, or any officer or employee of either, shall knowingly and willfully divulge any fact or information which may come to his knowledge during the course of an examination of the accounts, records, and memoranda of any air carrier, or which is withheld from public disclosure under section 1104, except as lie may be- directed by the Administrator or the Board in the case of information ordered to be withheld by either, or by a court of competent jurisdiction or a judge thereof, he shall upon con- viction thereof be subject- for each offense to a fine of not more than $5,000 or imprisonment for not more than two years, or both: Pro-. PAGENO="1258" 1252 MR LAWS AND TREATIES OF THE WORLD qvided, That nothing in this section shall authorize the withholding of information by the Administrator or Board from the duly authorized committees of the Congress. Refusal to Testify (g) Any person who shall neglect or refuse to attend and testify, or to answer any lawful inquiry, or to produce books, papers, or doc- uments, if in his power to do so, in obedience to the subpena or lawful requirement of the Board or Administrator, shall be guilty of a mis- demeanor and, upon conviction thereof, shall be subject to a fine of not less than $100 nor more than $5,000, or imprisonment for not more than one year, or both. Transportation of Explosives and Other Dangerous Articles (h) (1) Any person who knowingly delivers or causes to be deliv- ered to an air carrier or to the operator of any civil aircraft for transportation in air commerce, or who causes the transportation in air commerce of, any shipment, baggage, or property, the transpor- tation of which would be prohibited by any rule, regulation, or re- quirement prescribed by the Administrator under title VI of this Act, relating to the transportation, packing, marking, or description of explosives or other dangerous articles shall, upon conviction thereof for each such offense, be subject to a fine of not more than $1,000, or to imprisonment not exceeding one year, or to both such fine and imprisonment: Provided, That when death or bodily injury of any person results from an offense punishable under this subsection, the person or persons convicted thereof shall,. in lieu of the foregoing penalty, be subject to a fine of not more than $10,000 or to imprison- ment not exceeding ten years, or to both such fine and imprisonment.9 (2) In the exercise of his authority under title VI of this Act, the Administrator may provide by regulation for the applicationin whole or in part of the rules or regulations of the Interstate Commerce Commission (including future amendments and additions thereto) relating to the transportation, packing, marking, or description of explosives or other dangerous articles for surface transportation, to the shipment and carriage by air of such articles. Such applicability may be terminated by the Administrator at any time. While so made applicable, any such rule or regulation, or part thereof, of the Inter- state Commerce Commission shall for the purposes of this Act be deemed to be a regulation of the Administrator prescribed under title VI. VENUE AND PROSECUTION OP OFFENSES Venue SEc. 903. [7~ Stat. 786,49 U.S.C. 1473] (a) The trial of any offense under this Act shall be in the district in which such offense is com- mitted; or if the offense is committed upon the high seas, or out of the `See also the Act of July 14, 1956, 70 Stat. 538, post, p. 229, which amends Title 18, U.S.C., to provide penalties for the willful damaging or destroying of aircraft or motor vehicles, and their facilities. PAGENO="1259" AIR LAWS AND TREATIES OF THE WORLD 1253 jurisdiction of any particular State or district, the trial shall be in the district where the offender may be found or into which he shall be first brought. Whenever the offense is begun in one jurisdiction and completed in another it may be dealt with, inquired of, tried, deter- mined and punished in either jurisdiction in the same maimer as if the oñ!ense had been actually and wholly committed therein. Procedure in Respect of Civil Penalties (b) (1) Any civil penalty imposed under this Act may be collected by proceedings in personam against the person subject to the penalty and, in case the penalty is a lien, by proceedings in rem against the aircraft, or by either method alone. Such proceedings shall conform as nearly as may be to civil suits in admiralty, except that either party may demand trial by jury of any issue of fact, if the value in contro- versy exceeds $20, and the facts so tried shall not be reexamined other than in accordance with the rules of the common law. The fact that m a libel in rem the seizure is made at a place not upon the high seas or navigable waters of the United States shall not be held in any way to limit the requirement of the conformity of the proceedings to civil suits in rem in admiralty. (2) Any aircraft subject to such lien may be summarily seized by and placed in the custody of such persons as the Board or Adminis- trator may by regulation prescribe, and a report of the cause shall thereupon be transmitted to the United States attorney for the judicial district in which the seizure is made. The United States attorney shall promptly institute proceedings for the enforcement of the lien or notify the Board or Administrator of his failure to so act. (3) The aircraft shall be released from such custody upon payment of the penalty or the amount agreed upon in compromise; or seizure in pursuance of process of any court in proceedings in rem for en- forcement of the lien, or notification by the United States attorney of failure to institute such proceedings; or deposit of a bond in such. amount and with such sureties as the Board or Administrator may prescribe, conditioned upon the payment of the penalty or the amount agreed upon in compromise. (4) The Supreme Court of the United States, andunder its direction other courts of the United States, may prescribe rules regulating such proceedings in any particular not provided by law. VIOLATIONS OF SECTION 1109 SEC. 904. [72 Stat. 787, 49 U.S.C. 1474] (a) Any person who (1) violates any entry or clearance regulation made under section 1109(c) of this Act, or (2) any immigration regulations made under such section, shall be subject to a civil penalty of $500 which may be remitted or mitigated by the Secretary of the Treasury, or the Attorney General, respectively, in accordance with such proceedings as the Sec- retary or Attorney ~eneral shall by regulation prescribe Any person violating any customs regulation made under section 1109(b) of this Act, or any provision of the customs or public-health laws or regu- lations thereunder made applicable to aircraft by regulation under such section shall be subject to a civil penalty of $500, and any aircraft used in connection with any such violation shall be subject to seizure PAGENO="1260" 1254 AIR LAWS AND TREATIES OF THE WORLD and forfeiture as provided for in such customs laws, which penalty and forfeiture may be remitted or mitigated by the Secretary of the Treasury. In case the violation is by the owner or person in command of the aircraft, the penalty shall be a lien against the aircraft. Any person violating any provision of the laws and regulations relating to animal and plant quarantine made applicable to civil air navigation by regulation in accordance with section 1109(d) of this Act shall be subject to the same penalties as those provided by the said laws for violations thereof. Any civil penalty imposed under this section may be collected by proceedings in personam against the person subject to the penalty and/or in case the penalty is a lien, by proceedings in rem against the aircraft~ Such proceedings shall conform as nearly as may be to civil suits in admiralty; except that either party may demand trial by jury of any issue of fact, if the value in controversy exceeds $20, and facts so tried shall not be reexamined other than in accordance with the rules of the common law. The fact that in a libel in rem the seizure is made at a place not upon the high seas or navigable waters of the United States, shall not be held in any way to limit the requirement of the conformity of the proceedings to civil suits in rem in admiralty. The Supreme Court of the United States, and under its direction other courts of the United States, afe authorized to pre- *scribe rules regulating such proceedings in any particular not provided by law. The determination under this section as to the remission or mitigation of a civil penalty imposed under this section shall be final. In case libel proceedings are pending at any time during the pendency of remission or mitigation proceedings, the Secretary or Attorney General shall give notice thereof :o the United States attorney prosecuting the libel proceedings. (b) Any aircraft subject to a lien for any civil penalty imposed under this sectiOn may be summarily seized by and placed in the cus- tody of such persons as the appropriate Secretary or Attorney Gen- eral may by regulation prescribe and a report of the case thereupon transmitted to the United States attorney for the judicial district in which the seizure is made. The United States attorney shall promptly institute proceedings for the enforcement of the lien or notify the Secretary of his failure so to act. The aircraft shall be released from such custody upon (1) payment of the penalty or so much thereof as is not remitted or mitigated, (2) seizure in pursuance of process of any court in proceedings in rem for enforcement of the lien, or no- tification by the United States attorney of failure to institute such proceedings, or (3) deposit of a bond in such amount and with such sureties as the Secretary or Attorney General may prescribe, condi- tioned upon the payment of the penalty or so much thereof as is not remitted or mitigated. TITLE X-PROCEDURE CONDUCT OF PROCEEDINGS SEC. 1001. [7~ Stdt. 788,49 U.S.C. 1481] The Board and the Admin- istrator, subject to the provisions of this Act and the Administrative Procedure Act, may conduct their proceedings in such manner as will be conducive to the proper dispatch of business and to the ends of justice. No member of the Board or Agency shall participate in any PAGENO="1261" AIR LAWS AND TREATIES OF THE WORLD 1255 hearing or proceeding in which he has a pecuniary interest. Any per- son may appear before the Board or Agency and be heard in person or by attorney. The Board, in its discretion, may enter its appearance and participate as an interested party in any proceeding conducted by the Administrator under title III of this Act, and in any proceeding conducted by the Administrator under title VI of this Act from which no appeal is provided to the Board. Every vote and official act of the Board and the Agency shall be entered of record, and the proceedings thereof shall be open to the public upon request of any interested party, unless the Board or the Administrator determines that secrecy is requisite on grounds of national defense. COMPLAINTS TO AND INVESTIGATIONS BY THE ADMINISThATOR AND THE BOARD Filing of Complaints Authorized SEC. 1002. [72 Stat. 788, 49 U.S.C. 1482] (a) Any person may file with the Administrator or the Board, as to matters within their respec- tive jurisdictions, a complaint in writing with respect to anything done or omitted to be done by any person in contravention of any provisions of this Act, or of any requirement established pursuant thereto. If the person complained against shall not satisfy the complaint and there shall appear to be any reasohable ground for investigating the com- plaint, it shall be the duty of the Administrator or the Board to inves- tigate the matters complained of. Whenever the Administrator or the Board is of the opinion that any complaint does not state facts which warrant an investigation or action, such complaint may be dismissed without hearing. In the case of complaints against a member of the Armed Forces of the United States acting in the performance of his official duties, the Administrator or the Board, as the case may be, shall refer the complaint to the Secretary of the department concerned for action. The Secretary shall, within ninety days after receiving such a complaint, inform the Administrator or the Board of his disposition of the complaint,.including a report as to any corrective or disciplinary actions taken. Investigations on Initiative of Administrator or Board (b) The Administrator or Board, with respect to matters within their respective jurisdictions, is empowered at any time to institute an investigation, on their own initiative, in any case and as to any matter or thing within their respective jurisdictions, concerning which complaint is authorized to be made to or before the Administrator or Board by any provision of this Act, or concerning which any ques- tion may arise under any of the provisions of this Act, or relating to the enforcement of any of the provisions of this Act. The i\ dmin- istrator or the Board shall have the same power to proceed with any investigation instituted on their own motion as though it had been appealed to by complaint. Entry of Orders for Compliance With Act (c) If the Administrator or the Board finds, after notice and hear- ing, in any investigation instituted upon complaint or upon their own PAGENO="1262" 1256 AIR LAWS AND TREATIES OF THE WORLD initiative, with respect to matters within their jurisdiction, that any person has failed to comply with any provision of this Act or any re- quirement established pursuant thereto, the Administrator or the Board shall issue an appropriate order to compel such person to com- ply therewith. Power to Prescribe Rates and Practices of Air Carriers (d) Whenever, after notice and hearing, upon complaint, or upon its own initiative, the Board shall be of the opinion that any individual or joint rate, fare, or charge demanded, charged, collected or received by any air carrier for interstate or overseas air transportation, or any classification, rule, regulation, or practice affecting such rate, fare, or charge, or the value of the service thereunder, is or will be unjust or unreasonable, or unjustly discriminatory, or unduly preferential, or unduly prejudicial, the Board shall determine and prescribe the law- ful rate, fare, or charge (or the maximum or minimum, or the maxi- mum and minimum thereof) thereafter to be demanded, charged, collected, or received, or the lawful classification, rule, regulation, or practice thereafter to be made effective: Provided, That as to rates, fares, and charges for overseas air transportation, the Board shall determine and prescribe only a just and reasonable maximum or mini- mum, or maximum and minimum rate, fare, or charge. Rule of Ratemaking (e) In exercising and performing its powers and duties with re- spect to the determination of rates for the carriage of persons or property, the Board shall take into consideration, among other factors- (1) The effect of such rates upon the movement of traffic; (2) The need in the public interest of adequate and efficient transportation of persons and property by air carriers at the lowest cost consistent with the furnishing of such service; (3) Such standards respecting the character and quality of service to be rendered by air carriers as may be prescribed by or pursuant to law; (4) The inherent advantages of transportation by aircraft; and (5) The need of each air carrier for revenue sufficient to en- able such air carrier, under honest, economical, and efficient man- agement, to provide adequate and efficient air carrier service. Removal of Discrimination in Foreign Air Transportation (f) Whenever, after notice and hearing, upon complaint, or upon its own initiative, the Board shall be of the opinion that any individ- ual or joint rate, fare, or charged demanded, charged, collected, or received by any air carrier or foreign air carrier for foreign air trans- portation, or any classification, rule, regulation, or practice affecting such rate, fare, or charge, or the value of the service thereunder, is or will be unjustly discriminatory, or unduly preferential, or unduly prejudicial, the Board may alter the same to the extent necessary to correct such discrimination, preference, or prejudice and make an PAGENO="1263" AIR LAWS AND TREATIES OF THE WORLD 1257 order that the air carrier or foreign air carrier shall discontinue de- manding, charging, collecting, or receiving any such discriminatory, preferential, or prejudicial rate, fare, or charge or enforcing any such discriminatory, preferential, or prejudicial classification, rule, regulation, or practice. Suspension of Rates (g) Whenever any air carrier shall file with the Board a tariff stat- ing a new individual or joint (between air carriers) rate, fare, or charge for interstate or overseas air transportation or any classifica- tion, rule, regulation, or practice affecting such rate, fare, or charge, or the value of the service thereunder, the Board is empowered, upon complaint or upon its own initiative, at once, and, if it so orders, with- out answer or other formal pleading by the air carrier, but upon reasonable notice, to enter upon a hearing concerning the lawfulness of such rate, fare, or charge, or such classification, rule, regulation, or practice; and pending such hearing and the decision thereon, the Board, by filing with such tariff, and delivering to the air carrier affected thereby, a statement in writing of its reasons for such sus- pension, may suspend the operation of such tariff and defer the use of such rate, fare, or charge, or such classification, rule, regulation, or practice, for a period of ninety days, and, if the proceeding has not been concluded and a final order made within such period, the Board may, from time to time, extend the period of suspension, but not for a longer period in the aggregate than one hundred and eighty days beyond the time when such tariff would otherwise go into effect; and, after hearing, whether completed before or after the rate, fare, charge, classification, rule, regulation, or practice goes into effect, the Board may make such order with reference thereto as would be proper in a. proceeding instituted after such rate, fare, charge, classification, rule, regulation, or practice had becpme effective. If the proceeding has not been concluded and an order made within the period of suspension, the proposed rate, fare, charge, classification, rule, regulation, or practice shall go into effect at the end of such period: Provided, That this subsection shall not apply to any initial tariff filed by any air carrier. Power to Prescribe Divisions of Rates (h) Whenever, after notice and hearing, upon complaint or upon its own initiative, the Board is of the opinion that the divisions of joint rates, fares, or charges for air transportation are or will be un- just, unreasonable, inequitable, or unduly preferential or prejudicial as between the air carriers or foreign air carriers parties thereto, the Board shall prescribe the just, reasonable, and equitable divisions thereof to be received by the several air carriers. The Board may require the adjustment of divisions between such air carriers from the date of filing the complaint or entry of order of investigation, or such other date subsequent thereto as the Board finds to be just, reason- able, and equitable. Power to Establish Through Air Transportation Service (i) The Board shall, whenever required by the public convenience and necessity, after notice and hearing, upon complaint or upon its PAGENO="1264" 1258 AIR LAWS AND TREATIES OF THE WORLD own initiative, establish through service and joint rates, fares, or charges (or the maxima or minima, or the maxima and minima thereof) for interstate c~r overseas air transportation, or the classifi- cations, rules, regulations, or practices affecting such rates, fares, or charges, or the value of the service thereunder, and the terms and conditions under which such through service shall be operated: Pro- vided, That as to joint rates, fares, and charges for overseas air transportation the Board shall determine and prescribe only just and reasonable maximum or minimum or maximum and minimum joint rates, fares, or charges.. JOINT BOARDS Designation of Boards SEC. 1003. [72 Stat. 791, 49 U.S.C. 1483] (a) The Board and the Interstate Commerce Commission shall direct their respective chair- men to designate, from time to time, a like number of members of each to act as a joint board to consider and pass upon matters referred to such board as provided in subsection (c) of this section. Through Service and Joint Rates (b) Air carriers may establish reasonable through service and joint rates, fares, and charges with other common carriers; exOept that with respect to transportation of property, air carriers not directly engaged in the operation . of aircraft in air transportation (other than com- panies engaged in the air express business) may not establish joint rates or charges, under the provisions of this subsection, with common carriers subject to the Interstate Commerce Act. In case of through service by air carriers and common carriers subject to the Interstate Commerce Act, it shall be the duty of the carriers parties thereto to * establish just and reasonable rates, fares, or charges and just and reasonable classifications, rules, regulations, and practices affecting such rates, fares, or charges, or the value of the service thereunder, and if joint rates, fares, or charges shall have been established with re- spect to such through service, just, reasonable, and equitable divisions of. such jojnt rates, fares, or charges as between the darriers partici- pating therein. Any air carrier, and any common carrier subject to the Interstate Commerce Act, which is participating in such through service and joint rates, fares, or charges, shall include in its tariffs, filed with the Civil Aeronautics Board or the Interstate Commerce Commission, as the, case may be, a statement showing such through service and joint rates, fares, or charges. Jurisdictioii of Boards (c) Matters relating to such through service and joint rates, fares, or charges may be referred by the Board or. the Interstate Commerce Commission, upon complaint or upon its own initiative, to a joint board created as provided in subsection (a). Complaints may be made to the Interstate Commerce Commission or the Board with re- spect to any matter which may be referred to a joint board under this subsection. . PAGENO="1265" AIR LAWS AND TREATIES OF THE WORLD 1259 Power of Boards * (d) With respect to matters referred to any joint board as provided in subsection (c), if such board finds, after notice and hearing, that any such joint rate, fare, or charge, or classification, rule, regulation, or. practice, affecting such joint rate, fare, or charge or the value of the service thereunder is or will be unjust, unreasonable, unjustly discriminatory, or unduly preferential or prejudicial, or that any division of any such joint rate, fare, or charge, is or will be unjust,, unreasonable, inequitable, or unduly perfereutial or prejudicial as between the carriers parties thereto, it is authorized and directed to' take the same action with respect thereto as the Board is empowered to take with respect to any joint rate, fare, or charge, between air car- riers, or, any divisions thereof, or any classification, rule, regulation~ or practice affecting such joint rate, fare, or charge or the value of the' service thereunder. Judicial Enforcement and Review. (e) Orders of the joint boards shall be enforceable and reviewable as provided in this Act with respect to orders of the Board. EVIDENCE Power to Take Evidence SEc. 1004. [7~2 Stat. 799~, 49 U.S.C. 1484] (a)' Any member or ex- aminer of the Board, when duly designated by the Board for such purpose, may hold hearings, sign and issue subpenas, administer oaths, examine witnesses, and receive evidence at any place in the United' States designated by the Board. In all cases heard by an examiner or a single member the Board shall hear or receive argument on request of either party. Power to Issue Subpena (b) For the purposes of this Act the Board shall have the power to~ require by subpena the attendance and testimony of witnesses and the production of all books, papers, and documents relating to any matter under investigation. Witnesses summoned before the Board shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. ~Enforcement of Subpena (c) The attendance of witnesses, and the production of books, vapers, and documents, may be required from any place in the United' states at any designated place of hearing. In case of disobedience to a subpena, the Board, or any party to a proceeding before the Board, may invoke the aid of any court of the United States in requiring~ attendance and testimony of witnesses and the production of suth books, papers, and documents under the provisions of this section. 67717 O-61----80 PAGENO="1266" 1260 AIR LAWS AND TREATIES OF THE WORLD Contempt (d) Any court of the United States within the jurisdiction of which an inquiry is carried on may, in case of contumacy or refusal to obey `a subpena issued to any person, issue an order requiring such person ~to appear before the Board (and produce books, papers, or documents if so ordered) and give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such ~court as a contempt thereof. Deposition (e) The Board may order testimony to be taken by deposition in any proceeding or investigation pendmg before it, at any stage of such proceeding Or investigation. Such depositions may be taken before any person. designated by the Board and having power to administer oaths. Reasonable notice must first begiven in writing by the party or his attorney proposing to take such deposition to the .opposite party or his attorney of record, which notice shall state the name of the witness and the time and place of the taking of his deposition. Any person may be compelled to appear and depose, and to produce books, papers, or documents, in the same manner as witnesses may be compelled to appear and testify and produce like ~documentary evidence before the Board, as hereinbefore provided. Method of Taking Depositions (f) Every person deposing as herein provided shall be cautioned and shall be required to swear (or affirm, if he so requests) to testify the whole truth, and shall be carefully examined. His testimony shall be reduced to writing by the person taking the deposition, or under his direction, and shall, after it has been reduced to writing, be subscribed by the deponent. All depositions shall be promptly ftled with the Board. Foreign Depositions (g) If a witness whose testimony may be desired to be taken by deposition be in a foreign country, the deposition may be taken, pro-. vided the laws of the foreign country so permit, by a consular officer ~or other person commissioned by the Board, or agreed upon by the parties by stipulation in writing to be filed with the Board, or may be taken under letters rogatory issued by a court of competent juris- -diction at the request of the Board. Fees (h) Witnesses whose depositions are taken as authorized in this Act, and the persons taking the same, shall severally be entitled to the same fees as are paid for like services in the courts of the United States: Provided, That with .respect to commissions or letters roga- tory issued at the initiative of the Board, executed in foreign coun- tries, the Board shall pay such fees, charges, or expenses incidental PAGENO="1267" AIR LAWS AND TREATIES OF THE WORLD 1261 thereto as may be. found necessary, in accordance with regulations on the subject to be prescribed by the Board. Compelling Testimony (i) No person shall be excused from attending and testifying, or * from producing books, papers, or documents before the Board, or in obedience to the subpena of the Board, or in any cause or proceeding, criminal or otherwise, based upon or growing out of any alleged viola- tion of this Act, or of any rule, regulation, requirement, or order there- under, or any term, condition, or limitation of any certificate or per- mit, on the ground, or for the reason, that the testimony. or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no individual shall be prosecuted or subjected to any penalty or forfeiture for or on ac- count of any transaction, matter, or thing concerning which he is com- pelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that any individual so testifying shall not be exempt from prosecution and~ punishment for perjury committed in so testifying. ORDERS~ NOTICES~ ANI) SERVICE Effective Date of Orders; Emergency Orders SEc). 1005. [7~ Stat. 794, 49 U.S.C. 1485] (a) Except as otherwise provided in this Act, all orders, rules, and regulations of the Board or the Administrator shall take effect within such reasonable time as the Board or Administrator may prescribe, and shall continue in force' until their further order, rule, or regulation, or for a specified period of time, as shall be prescribed in the order, rule, or regulation: Pro- `vided, That whenever the Administrator is of the opinion that an emergency requiring immediate action exists in respect of safety in air commerce, the Administrator is authorized, either upon complaint or his own initiative without complaint, at once, if he so orders, with- out answer or other form of pleading by the interested person or per- sons, and with or without notice, hearing, or the making or filing of a report, to make such just and reasonable orders, rules, or regulations, as may be essential in the interest of safety in air commerce to meet such emergency: Provided further, That the Administrator shall im- mediately initiate proceedings relating to the matters embraced in any such order, rule, or regulation, `and shall, insofar as practicable, give preference to such proceedings over all others under this Act. Designation of Agent for Service (b) It shall be the duty of every air carrier and foreign air carrier to designate in writing an agent upon whom service of all notices and process and all orders, decisions, and requirements of the Board and the Administrator may be made for and On behalf of said carrier,. and to file such designation with the Administrator and in the office of the secretary of the Board, which designation may from time tG time be changed by like writing similarly filed. `Service of all notices and process and orders, decisions, and requirements of the Adminis- trator or the Board may be made upon such carrier by service upon PAGENO="1268" 1262 AIR LAWS AND TREATIES OF THE WORLD such designated agent at his office or usual place of residence with like effect as if made personally upon such carrier, and in default of such designation of such agent, service of any notice or other process in any proceedings before said Administrator or Board or of any order, decision, or requirements of the Administrator or Board, may be made by posting such notice, process, order, requirement, or decision in the office of the Administrator or with the secretary of the Board. Other Methods of Service "(c) Service of notices, processes, orders, rules, and regulations upon any person may be made by personal service, or upon an agent designated in writing for the purpose, or by registered or certified mail addressed to such person or agent. Whenever service is made by registered or certified mail, the date of mailing shall be considered as the time when service is ~ Suspension or Modification of Order (d) Except as otherwise provided in this Act, the Administrator or the Board is empowered to suspend or modify their orders upon such notice and in such manner as they shall deem proper. Compliance with Order Required (e) It shall be the duty of every person subject to this Act, and its agents and employees, to observe and comply with any order, rule, regulation, or certificate issued by the Administrator or the Board. under this Act affecting such person so long as the same shall remain in effect. Form and Service of Orders (f) Every order of the Administrator or the Board shall set forth the findings of fact upon which it is based, and shall be served upon the parties to the proceeding and the persons affected by such order. J1JDICIAL REVIEW OF ORDERS Orders of Board and Administrator subject to Review SEC. 1006. [72 Stat. 795, 49 U.S.C. 1486] (a) Any order, affirmative or negative, issued by the Board or Administrator under this Act, ex- cept any order in respect of any foreign air carrier subject to the ap- proval of the President as provided in section 801 of this Act, shall be subject to review by the courts of appeals of the United States or the United States Court of Appeals for the District of Columbia upon petition, filed within sixty days after the entry of such order, by any person disclosing a substantial interest in such order. After the ex- piration of said sixty days a petition may be filed only by leave of court upon a showing of reasonable grounds for failure to file the petition theretofore. Venue (b) A petition under this section shall be filed in the court for the circuit wherein the petitioner resides or has his principal place of business or in the United States Court of Appeals for the District of Columbia. 10Amended by Public Law 86-199, 86th Cong. ~ELR. 7112, August 25, 1959 (72 Stat. 794, 49 U.S.C. 1485(a)). PAGENO="1269" AIR LAWS AND TREATIES OF THE WORLD 1263 Notice to Board or Administrator; Filing of Transcript (c) A copy of the petition shall, upon filing, be forthwith trans- mitted to the Board or Administrator by the clerk of the court, and the Board or Administrator shall thereupon certify and file in the court a transcript of the record, if any, .upon which the order corn- plained of was entered. Power of Court (d) Upon transmittal of the petition to the Board or Administra- tor, the court shall have exclusive jurisdiction to affirm, modify, or set aside the order complained of, in whole or in part, and if need be, to order further proceedings by the Board or Administrator. Upon good cause shown, interlocutory relief may be granted by stay of the order or by such mandatory or other relief as may be appropriate: Provided, That no interlocutory relief may be granted except upon at least five days' notice to the Board or Administrator. Findings of Fact Conclusive (e) The findings of facts by the Board or Administrator, if sup- ported by substantial evidence, shall be conclusive. objection to an order of the Board or Administrator shall be considered by the court unless such objection shall have been urged before the Board or Administrator or, if it was not so urged, unless there were reasonable grounds for failure to do so. Certification or Certiorari (f) The judgment and decree of the court affirming, modifying, or setting aside any such order of the Board or Adminstrator shall be subject only to review by the Supreme Court of the United States upon certification or certiorari as provided in section 1254 of title 28, United States Code. JUDICIAL ENFORCEMENT ,Jurisdiction of Court SEc. 1007. [7~ Stat. 796, 49 U.S.C. 1487] (a) If any person violates any provision of this Act, or any rule, regulation, require- ment, or order thereunder, or any term, condition, or limitation of any certificate or permit issued under this Act, the Board or Admin- strator, as the case may be, their duly authorized agents, or, in the case of a violation of section 401 (a) of this Act, any party in interest may apply to the district court of the United States, for any district wherein such person carries on his business or wherein the violation occurred, for the enforcement of such provision of this Act, or of such rule, regulation, requirement, order, term, condition, or limita- tion; and such court shall have jurisdiction to enforce obedience thereto by a writ of injunction or other process, mandatory or other- wise, restraining such person, his officers, agents, employees, and representatives, from further violation of such provision of this Act PAGENO="1270" 1264 AIR LAWS AND TREATIES OF THE WORLD or of such rule, regulation, requirement, order, term, condition, or limitation, and requiring their obedience thereto, Application, for Enforcement (b) Upon the request of the Board or Administrator any district attorney of the United States to whom the Board Or Aciminstrator may apply is authorized to institute in the proper court and to prose- cute under the direction of the Attorney (xeneral all necessary pro- ceedings for the enforcement of the provisions of this Act or any rule, regulation, requirement, or order thereunder, or.any term, condition, or limitation of any certificate or permit, and for the punishment of all violations thereof, and the costs and expenses of such prosecutions shall be paid out of the appropriations for the expenses of the courts of the United States. PARTICIPATION IN COURT PROCEEDINGS SEC. 1008 [72 Stat. 796, 49 U.S.C. 1488] Upon request of the Attorney General, the Board or Administrator, as the case may be, shall have the right to participate in any proceeding in court under the provisions of this Act. JOD~DER OP PARTIES SEC. 1009. [72 Stat. 796, 49 U.S.C. 1489] In any proceeding for the enforcement of the provisions of this Act, or any rule, regulation, requirement, or order thereunder, or any term, condition, or limita- tion of any certificate or permit, whether such proceedings be in- stituted before the Board or be begun originally in any court of the United States, it shall be lawful to include as parties, or to permit the intervention of, all persons interested in or affected by the matter under consideration; and inquiries, investigations, orders, and decrees may be made with reference to all such parties in the same manner, to the same extent, and subject to the same provisions of law as they may be made with respect to the persons primarily concerned~ TITLE. XI-MISCELLANEOUS HAZARDS TO AIR COMMERCE ~ SEc. 1101. [72 ~Sltat. 797, 49 `U.S.C. 1501] The Administrator shall, by rules and regulations, or by order where necessary, require all per- sons to give adequate public notice, in the form and manner prescribed by the Administrator, of the construction or alternation, or of the pro- posed construction or alteration, of any structure where notice will promote safety in air commerce.. INTERNATIONAL AGREEMENTS SEC. 1102. [72 Stat. 797, 49 U.S.C. 1502] In exercising and per- forming their powers and duties under this Act, the Board and the ~Section 303(q), of the Federal Communications Act of 1934, 48 Stat. 1082, 47 U.S.C. 303 (q) provides that "Except as otherwise provided in this Act, the Commission from time to time, as public convenience, interest, or necessity requires, shall- t * * have authority to require the painting and/or illumination of radio towers if and when In its judgment such towers constitute, or there is . a reasonable possibility that they may con~ stitute, a menace to air navigation." PAGENO="1271" AIR LAWS AND TREATIES OF THE WORLD 1265 Administrator shall do so consistently with any obligation assumed by the United States in any treaty, convention, or agreement that may be in force between the United States and any foreign country or for- eign countries, and shall take into consideration any applicable laws and requirements of foreign countries and the Board shall not, in exercising and performing its powers and duties with respect to cer- tificates of convenience and necessity, restrict compliance by any air carrier with any obligation, duty, or liability imposed by any foreign country: Provided, That this section shall not apply to any obliga- tion, duty, or liability arising out of a contract or other agreement, heretofore or hereafter entered into between an air carrier, or any officer or representative thereof, and foreign country, if such con- tract or agreement is disapproved by the Board as being contrary to the public interest. NATURE AND USE OF DOCUMENTS PILED SEC. 1103. [7g. Stat. 797, 49 U.S.C. 1503] The copies of tariffs and of all contracts, agreements, understandings, and arrangements filed with the Board as herein provided, and the statistics, tables, and figures contained in the annual or other reports of air carriers and other persons made to the Board as required under the provisions of this Act shall be preserved as public records (except as otherwise pro- vided in this Act) in the custody of the secretary of the Board, and shall be received as prima facie evidence of what they purport to be for the purpose of investigations by the Board and in all judicial proceedings; and copies of, and extracts from, any of such tariffs, con-~ tracts, agreements, understandings, arrangements, or reports, certified by the secretary of the Board, under the seal of the Board, shall be received in evidence with like effect as the originals. WITHHOLDING OP INFORMATION SEC. 1104. [7~ Stat. 797, 49 U.S.C. 1504] Any person may make written objection to the public disclosure of information contained in any application, report, or document filed pursuant to the provisions of this Act or of information obtained by the Board or the Admin- istrator, pursuant to the provisions of this Act, stating the grounds for such objection. Whenever such objection is made, the Board or Administrator shall order such information withheld from public disclosure when, in their judgment, a disclosure of such information would adversely affect the interests Of such person and is not required in the interest of the public. The Board or Administrator shall be responsible for classified information in accordance with appropriate law: Provided, That nothing in this section shall authorize the with- holding of information by the Board or Administrator from the duly authorized committees of the Congress. COOPERATION WITH GOVERNMENT AGENCIES SEC. 1105. [7~ Stat. 798,49 U.S.C. 1505] The Board and the Admin- istrator may avail themselves of the assistance of the National Aero- nautics, and Space Administration and any research or technical agency of the United States on matters relating to aircraft fuel and oil PAGENO="1272" 1266 AIR LAWS AND TREATIES OF THE WORLD and to the design, materials, workmanship, construction, performance, maintenance, and operation of aircraft, aircraft engines, propellers, appliances, and air navigation facilities. Each such agency is au- thorized to conduct such scientific and technical researches, investiga- tions, and tests as may be necessary to aid the Board and Adminis- trator in the exercise and performance of their powers and duties. Nothing contained in this Act shall be construed to authorize the duplication of the laboratory research activities of any existing gov- ernmental agency. REMEDIES NOT EXCLUSIVE SEC. 1106. [7~ Stat. 798,49 U.S.C. 1506] Nothing contained in this Act shall in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this Act are in addi- tion to such remedies. PUBLIC USE OF FACILITIES SEC. 1107. [7~ Stat. 798,49 U.S.C. 1507] (a) Air navigation facili- ties owned or operated by the United States may be made available for public use under such conditions and to such extent as the head of the department or other agency having jurisdiction thereof deems * advisable and may by regulation prescribe. (b) The head of any Government department or other agency hav- ing jurisdiction over any airport or emergency landing field owned or operated by the United States may provide for the sale to any aircraft of fuel; oil, equipment, and supplies, and the furnishing to it of mechanical service, temporary shelter, and other assistance under * such regulations as the head of the department or agency may pre- scribe, but only if such ~tction is by reason of an emergency necessary to the continuance of such aircraft on its course to the nearest. airport~ operated by. private enterprise. All such articles shall be sold and * such assistance `furnished at the fair market value prevailing locally as ascertained bythe head of such department or agency. All amounts received under this, subsection shall be covered into the Treasury; but that part of such amounts which,, in the-judgment of the head pf the department or agency, is equivalent to the cost of the fuel,, oil, equip- ment, supplies, services, shelter, or other assistance so sold or. fur-' nished shall be credited to the appropriation:from which such cost was paid, and the balance; if any, shall be credited to miscellaneous receipts. - . , FOREIGN AIRCRAFT - SEC. `1108. [7~ Stat. 798, 49 U.S.C. 1508] (a) The United States of America is hereby declared to possess and exercise complete and ex- clusive national sovereignty in the airspace of the United States, in- cluding the airspace above all inland waters and the airspace above * those portions of the adjacent marginal high seas, bays, and lakes, Over which by ikternatiorlal law or. treaty or convention the United States e±erdises national jurisdiction. Aircraft of the armed forces of any foreign' nation shall not be navigated in the United States,' including "the Canal Zone, except in accordance with an authorization granted by the Secretary of State.' PAGENO="1273" AIR LAWS AND TREATIES OF THE WORLD 1267 (b) Foreign aircraft, which are not a part of the armed forces of a' foreign nation, may be navigated in the United States by airmen hold- ing certificates or licenses issued or rendered valid by the United States or by the nation in which the aircraft is registered if such for- eign nation grants a similar privilege with respect to aircraft of the United States and only if such navigation is authorized by permit,~ order, or regulation issued by the Board hereunder, and in accordance~ with the terms, conditions, and limitations thereof. The Board shall issue such permits, orders, or regulations to such extent only as it shall find such action to be in the interest of the public: Provided, however, That in exercising its powers hereunder, the Board shall do so con- sistently with any treaty, convention, or agreement which may be in. force between the United States and any foreign country or countries. Foreign civil aircraft permitted to navigate in the United States under this subsection may be authorized by the Board to engage in air commerce within the United States except that they shall not take on at any point within the United States, persons, property, or mail car- ried for compensation or hire and destined for another point within the United States. Nothing contained in this subsection (b) shall be deemed to limit, modify, or amend section 402 of this Act, but any foreign air carrier holding a permit under said section 402 shall not be required to obtain additional authorization under this subsection with respect to any operation authorized by said permit. APPLICATION OF EXISTING LAWS RELATING TO FOREIGN COMMERCE SEC. 1109. [793 Stat. 799,49 U.S.C. 1809] (a) Except as specifically provided in the Act entitled "An Act to authorize the President to proclaim regulations for preventing collisions at sea", approved October 11, 1951 (Public, Law 172, Eighty-second Oongress; 65 Stat.' 406) ,the navigation and shipping laws of the United States, including any definition of "vessel" or "vehicle" found therein and including the rules for the prevention of collisions, shall not be construed to apply to seaplanes or other aircraft or to the navigation of vessels in relationto seaplanes or other aircraft. (b') The' Secretary of the Treasury is authorized to (1) designate places in the United States as ports of entry for civil aircraft arrivmg in the United States from any place outside thereof and for merchan dise carried on such aircraft, (2) detail to pGrts of entry for civil aircraft such officers and employees of' the customs `service as he may deem necessary, and to confer or impose upon any officer or employee of the United States stationed at any such port of entry (with the consent of the head of the Government department or other agency under whose jurisdiction the officer or employee is serving) any of the powers, privileges, or duties conferred or imposed upon officers or employees of the customs service, and (3) by regulation to provide for the application to civil air navigation of the laws and regulations relating to the administration of the customs laws to such extent and upon such conditions as he deems necessary. ` (c) The Secretary of the Treasury is a~uthorized by regulation to" provide for the application to civil aircraft of the laws and regulations relating to the entry and clearance of vessels to such extent and upon such àonditions as he deems néeessery. ` (d) The Secretary of Agriculture is authorized by regulation to provide for the application to civil air navigation `of the laws and PAGENO="1274" 1268 AIR LAWS AND TREATIES OF THE WORLD regulations related tO animal and plant quarantine, including the~ importation, exportation, transportation, and quarantine of animals,. plants, animal and plant products, insects, bacterial and fungus cul- tures, viruses, and serums, to such extent and upon such conditions as~ he deems necessary. GEOGRAPHICAL EXTENSION OF JtIIUSDICTION SEa. 1110. [7~ Stat. 800, 49 U.S.C. 1510] Whenever the President; dbtermines that such action would be in the national interest, he may,. to the extent, in. the manner, and for such periods of time as he may consider necessary, extend the application of this Act to any areas of land or water outside of the United States and the overlying airspace~ thereof in which the Federal Government of the United States, under international treaty, agreement or other lawful arrangement has the~ necessary legalauthority to take such action. TITLE XII-SEOURITY PROVISIONS PURPOSE SEC. 1201. [72 Stat. 800,49 U.S.C. 1521] The purpose of this title is~ to establish security provisions which will encourage and permit the~ maximum use of the navigable airspace ;by civil aircraft consistent. with the national security. SECURITY CONTROL OF AIR TRAFFIC SEC. 1202. [72 Stat. 800, 49 U.S.C. 2522] In the exercise of his. authority under section 307(a) of this Act, the Administrator, in con- sultation with the Department of Defense, shall establish such zones~ or areas in the airspace of the United States as he may find necessarr in the interests of national defense, and by rule, regulation, or order restrict or prohibit the flight of civil aircraft, which he cannot iden- tify, locate, and control with available facilities, within such zones. or areas. PENALTIES SEC. 1203. [72 Stat. 800,49 U.S.C. 1523] In addition to the penal-- ties otherwise provided for by. this Act, any person who knowingly or willfully violates any provision of this title, or any rule, regulation, or order issued thereunder shall be. deemed guilty of a misdemeanor,: and upon conviction thereof, shall be subject to a fine of not exceeding $10,000 or to imprisonment not exceeding one year, or to both such fine and imprisonment. TITLE XIII-WAR RISK INSURANCE DEFINITIONS American Aircraft SEC. 1301. [72 Stat. 800,49 U.S.C. 1531] As used in this title- (a) The term "American aircraft" means "civil aircraft of the~ United States" as defined in section 101(15) of this Act, and any PAGENO="1275" AIR LAWS AND TREATIES OF THE WORLD 1269 aircraft owned or chartered by or made available to the United States, or any department or agency thereof, or the government of any State, Territory, or possession of the United States, or any political sub- division thereof, or the District of Columbia. War Risks (b) The term "war risks" includes, to such extent as the Secretary may determine, all or any part of those risks which are described in "free of capture and seizure" clauses, or analogous clauses. Secretary (c) The term "Secretary" means the Secretary of Commerce. Insurance Company and Insurance Carrier (d) The terms "insurance company" and "insurance carrier" in sections 1305 (a) and (b) and in section 1307(d) shall include any mutual or stock insurance company, reciprocal insurance association, and any group or association authorized to do an aviation insurance business in any State of the United States. AUTHORITY TO INSURE Power of Secretary SEC. 1302. [72 Stat. 801, 49 U.S.C. 1532] (a) The Secretary, with the approval of the President, and after such consultation with inter- ested agencies of the Government as the President may require, may provide insurance and reinsurance against loss Or damage arising out of war risks in the manner and to the extent provided in this title, whenever it is determined by the Secretary that such insurance ade- quate for the needs of the air commerce of the United States cannot be obtained on reasonable terms and conditions from companies au- thorized to do an insurance business in a State of the United States: Provided, That no insurance shall be issued under this title to cover war risks on persons or property engaged or transported exclusively in air commerce within the several States of. the United States and the District .of Columbia, Basis of Insurance (b) Any insurance or reinsurance issued under any of the pro- visions of this title shall be based, insofar as practicable, upon con- sideration of the risk involved. . INSURABLE PERSONS~ PROPERTY, OR INTERESTS SEC. 1303. [72 Stat. 801,49 U.S.C. 1533} The Secretary may pro- vide the insurance and reinsurance, authorized by section 1302 with respect to the following persons, property, or interest: Aircraft (a) American aircraft, and those foreign-flag aircraft engaged in aircraft operations deemed by the Secretary to be in the interest of PAGENO="1276" 1270 AIR LAWS AND TREATIES OF THE WORLD the national defense e'r the national economy of the United States, when so engaged. Cargo * (b) Cargoes transported or to be transported on any such aircraft, including shipments by express or registered mail; air cargoes owned by citizens or residents of the United States, its Territories, or posses- sions; air cargoes imported to, or exported from, the United States, its Territories, or possessions and air cargoes sold or purchased by citizens or residents of the United States, its Territories, or posses- sions, under contracts of sale or purchase by the terms of which the risk of loss by war risks or the obligation to provide insurance against such risks is assumed by or falls upon a citizen or resident of the United States, its Territories, or possessions; air cargoes transported between any point in the United States and any point in a Territory ~r possession of the United States, between any point in any such Territory or possession and any point in any other such Territory or possession, or between any point in any such Territory or possession and any other point in the same Territory or possession. Personal Effects and Baggage (c) The personal effects and baggage of the captains, pilots, officers, members of the crews of such aircraft, and of other persons employed *or transported on such aircraft. Persons (d) Captains, pilots, officers, members of the crews of such aircraft, rand other persons employed or transported thereon against loss of life, injury, or detention. Other Interests (e) Statutory or contractual obligations or other liabilities of such aircraft or of the owner or operator of such aircraft of the nature customarily covered by insurance. INSURANCE FOR DEPARTMENTS AND AGENCIES Exception SEC. 1304. [793 Stat. 802, 49 U.S.C. 1534] (a) Any department or agency of the United States may, with the approval of the President, procure from the Secretary any of the insurance provided under this title, except with respect to valuables covered by sections 1 and 2 of the Act of July 8, 1937 (50 Stat. 479). Indemnity Agreements (b) The Secretary is authorized with such approval to provide such insurance at the request of the Secretary of Defense, and such other agencies as the President may prescribe, without premium in con- ~sideration of the agreement of the Secretary of Defense or such agency PAGENO="1277" AIR LAWS AND TREATIES OF THE WORLD 1271 to indemnify the Secretary against all losses covered by such insur- ance, and the Secretary of Defense and such other agencies are au- thorized to execute such indemnity agreement with the Secretary REINSURANCE Who May Be Reinsured SEC. 1305. [7~ Stat. 8O~3, 49 U.S.C. 1535] (a) To the extent that he is authorized by this title to provide insurance, the Secretary may reinsure, in whole or in part, any company authorized to do an insur- ance business in any State of the United States. The Secretary may reinsure with, or cede or retrocede to, any such company, any insur- ance or reinsurance provided by the Secretary in accordance with the provisions of this title. Rates for Reinsurance (b) Reinsurance shall not be provided by the Secretary at rates less than nor obtained by the Secretary at rates more than the rates estab- lished by the Secretary on the same or similar risks or the rates charged by the insurance carrier for the insurance so reinsured, whichever is most advantageous to the Secretary, except that the Secretary may make to the insurance carrier such allowances for ex- penses on account of the cost of services rendered or facilities fur- nished as he deems reasonably to accord with good business practice, buch such allowance to the carrier shall not provide for any payment by the carrier on account of solicitation for or stimulation of insur- ance business. COLLECTION AND DISBURSEMENT OF FUNDS Treasury Revolving Fund SEC. 1306. [7~ Stat. 803, 49 U.S.C. 1536] (a) Moneys appropriated by Congress to carry out the provisions of this title and all moneys received from premiums, salvage, or other recoveries and all receipts in connection with this title shall be deposited in a revolving fund in the Treasury of the United States. Payments of return premiums, losses, settlements, judgments, and all liabilities incurred by the United States under this title shall be made from such funds through the disbursing facilities of the Treasury Department. Appropriations (b) Such sums as shall be necessary to carry out the provisions of this title are authorized to be appropriated to such fund. Revolving Fund Excess (c) At least annually, any balance in the revolving fund in excess of an amount determined by the Secretary to be necessary for the re- quirements of the fund, and for reasonable reserves to maintain the solvency of the fund shall be paid into the Treasury as miscellaneous receipts. PAGENO="1278" 1272 AIR LAWS AND TREATIES OF THE WORLD Annual Payment of Costs (d) Annual payments shall be made by the Secretary to the Treas- ury of the United States as miscellaneous receipts by reason. of costs incurred by the Government through the employment of appropri- ~ated funds by the Secretary in carrying out the provisions of this title.~ These payments shall be computed by applying to the average monthly balance of appropriated funds retained in the revolving fund a per- centage determined annually in advance by the Secretary of the `Treas- `ury. Such percentage shall not be less than the current average rate ~which the Treasury pays on its marketable obligations. Civil Service Retirement System (e) The Secretary shall contribute to the Civil Service Retirement and Disability Fund, on the basis of annual billings as determined by the Civil Service Commission, for the Government's share of the cost of the Civil Service Retirement System applicable to the employees ~engaged in carrying out the provisions of this title. The Secretary shall also contribute to the employees' compensation fund, on the basis of annual billings as determined by the Secretary of Labor for the benefit payments made from such fund on account of the employees engaged in carrying out the provisions of this title. The annual bill- ings shall also include a statement of the fair portion of the cost of the :administration of the respective funds, which shall be paid by the See- retary into the Treasury as miscellaneous receipts. ADMINISTRATIVE POWERS OF SECRETARY S Regulatory and Settlement SEc. 1307. [72 Stat. 803, 49 U.S.C. 1537] (a) The `Secretary, in the administration of this title, may issue such policies, rules, and regula- tions as he deems proper and, subject to the following provisions of this subsection, may adjust and pay losses, compromise and settle claims, whether in favor of or against the United States and pay the amount of any judgment rendered against the United States in any suit, or the amount of any settlement agreed upon, in respect of any claim under insurance authorized by this title. In the case of any aircraft which is insured under the provisions of this title, (1) the policy shall specify a stated amount to be paid in the event of total loss, and such stated amount shall not exceed an amount determined by the Secretary, after consultation with the Civil Aeronautics Board, to represent the fair and reasonable value of the aircraft, and (2) the amount of any claim which is compromised, settled, adjusted, or paid shall in no event exceed such stated amount. Forms, Policies, Amounts Insured, and Rates (b) The Secretary may prescribe and change forms and policies~ and fix, adjust, and change the amounts insured and rates of premium provided for in this title: Provided, That with respect to policies in effect at the time any such change is made, such change shall apply only with the consent of the insured. PAGENO="1279" AIR LAWS AND TREATIES OF THE WORLD 1273 Manner of Administration (c) The Secretary, in administering this title, may exercise his powers, perform his duties and functions, and make his expenditures, in accordance with commercial practice in the aviation insurance busi- ness. Except as authorized in subsection (d) of this section, no insur- ance broker or other person acting in a similar intermediary capacity shall be paid any fee or other consideration by the Secretary by virtue of his participation in arranging any insurance wherein the Secretary directly insures any of the risk thereof. Employment of Aviation Insurance Companies and Agents (d) The Secretary may, and whenever he finds it practical to do s~ shall, employ companies or groups of companies authorized to do an aviation insurance business in any State of the United States, to act as his underwriting agent. The Secretary may allow such companies or groups of companies fair and reasonable compensation for servicing insurance written by such companies or groups of companies as under- *writing agent for the Secretary. The services of such underwriting agents may be utilized in the adjustment of claims under insurance provided by this title, but no claim shall be paid unless and until it has been approved by the Secretary. Such compensation may include an allowance for expenses reasonably incured by such agent, but such allowance shall not include any payment by such agent on account of solicitation for or stimulation of insurance business. Cooperation With Other Agencies (e) The Secretary with the consent of any' executive department, independent establishment, or other agency of the Government, in- cluding any field service thereof, may avail himself of the use of inf or- mation, services, facilities, officers, and employees thereof in carrying out the provisions of this title. Budget Program and Accounts (f) The Secretary, in the performance of, and with respect to, the functions, powers, and duties vested in him by this title, shall prepare annually and submit a budget program as provided for wholly owned Government corporations by the Government Corporation Control Act, as amended (59 Stat. 597; 31 U.S.C. 841). The Secretary shall maintain an integral set of accounts which shall be audited annually by the General Accounting Office in accordance with principles and procedures applicable to commercial transactions as provided by the said Government Corporation Control Act: Provided, That, because of the business activities authorized by this title, the Secretary may exercise the powers conferred in said title, perform the duties and functions, and make expenditures required in accordance with com- mercial practice in the aviation insurance business, and the General Accounting Office shall allow credit for such expenditures when shown to be necessary because of the nature of such authorized activities.' PAGENO="1280" 1274 AIR LAWS AND TREATIES OF THE WORLD RIGHTS OF AmMEN UNDER EXISTING LAW SEC. 1308. [72 Stat. 805, .49 U.S.C. 1538]' This title shall not affect rights of airmen under existing law. ANNUAL AND QUARTERLY REPORTS TO CONGRESS Si~o. 1309. [72 Stat. 805,49 U.S.Cf'1539] The Secretary shall include in his annual report to Congress a detailed statement of all, activities and of all expenditures and receipts under this title for the period covered by such report and in addition make quarterly progress re- ports to `the Congress with reference to, contracts entered into, pro- pose\d ~ontracts, and the general progress of his insurance activities. JUDICIAL REVIEW OF CLAIMS SEC. 1310. [72 Stat. 805, 49 U.S.C. 1540] Upon disagreement as to a loss insured under this title, suit may be maintained against the United States in the United States District Court for the District of Columbia or in the United States district court in and for the district in which the claimant or his agent resides, notwithstanding the amount of the claim and any provision of existing law. as to the jurisdiction of United States district courts, and this remedy shall be exclusive of any other action by reason of the same subject matter against any agent or employee of the United States employed or re- tained under this title. if the claimant has no residence in the United States, suit may be, brought in the United States District Court for the District of Columbia or in any other United States district court in which, the Attorney General of the United States agrees to accept service. The procedure in such suits shall otherwise be' the same as that provided for suits in the district courts by title 28, United States Code, section 1346 (a) (2), so far as applicable. All persons having or claiming or who might have an interest in such insurance may be made parties either initially or upon the motion of either party. In any case where the `Secretary acknowledges the indebtedness of the United States on account of such insurance, and there is a dispute as to the persons entitled to receive payment, the' United States may bring an action in the nature of a bill of inter- pleader against such parties, in the United States District Court for' the District of Columbia, or in the United States district court of the' district in which any such person resides. In such actions any party, if not a resident of or found within the district, may be brought in by order of court served in such reasonable manner as the court directs. If the court is satisfied that persons unknown might assert a claim on account of such insurance, it may direct service upon such persons unknown by publication in the Federal Register. Judgment in any such suit shall discharge the United States from further liability to any parties to such action, and to all persons when service by publica- tion upon persons unknown is directed by the court. The period * within which suits may be commenced contained in said' Act providin for bringing of suits against the United States shall, if claim be file therefor within' such period, be suspended from such time of filing until the claim shall have been administratively denied by the Secre-' PAGENO="1281" AIR LAWS AND TREATIES OF THE WORLD 1275 tary and for sixty days thereafter: Provided, 1~owever, That such claim shall be deemed to have been administratively denied if not acted upon within six months after the time of ffling, unless the Secretary for good cause shown shall have otherwise agreed with the claimant. INSURANCE OP EXCESS WITH OTHER UNDERWRITERS SEC. 1311. [72 Stat. 806, 49 U.S.C. 1541] A person having an in- surable interest in an aircraft may, with the approval of the Score- t~iry, insure with other underwriters in an amount in excess of the amount insured with the Secretary, and, in that event the Secretary shall not be entitled to the benefit of such insurance, but nothing in this section shall prevent the Secretary from entering into ccintracts of coinsurance. TERMINATION OF TITLE SEC. 1312. [72 Stat. 806,49, U.S.C. 1542] The authority of the See- retary to provide insurance and reinsurance under this title shall ~expire at the termination of June 13, 1961. TITLE ,XIV-REPEALS AND AMENDMENTS REPEALS SEC. 1401. [72 Stat. 806] (a) The Act of May 20, 1926 (Air Com- merce Act of 1926, 44 Stat. 568), as amended, is hereby repealed. (b) The Act of June 23, 1938 (Civil Aeronautics Act of 1938, 52 Stat. 973), as amended, is hereby repealed, except that the repeal by this subsection of subsections (b) and (c) of section 307 and clause (8) of section 803 of such Act shall not take effect in such manner as to impair the operation of. the deferred repeal of such subsections and :such clause as provided in section 21 of the Government Employees Training Act. (c) [72 Stat. 806; S U.S.C. 133t note; 49 U.S.C. 486 note, 1348 note] Section 7 of Reorganization Plan Numbered III (54 Stat. 1233) and section 7 of Reorganization Plan Numbered IV (54 Stat. 1235-1236), which became effective on June 30, 1940 (54 Stat. 231), and Reorgani- ~zation Plan No. 10, which became effective October 1, 1953 (67 Stat. ~44), are hereby repealed. No function vested in the Administrator by this Act shall hereafter be subjectto the provisions of section 1(a) of Reorganization Plan No. 5 of 1950 (64 Stat. 1263). (d) The Act of August 14, 1957 (Airways Modernization Act of 1957 71 Stat. 349), is hereby repealed.'2 (e~ [72 Stat. 806, 49 U.S.C. 1301 note] All other Acts or parts of Acts inconsistent with any provision of this Act are hereby repealed. AMENDMENTS TO ACTS RELATING TO AIRPORTS Act Relating to Public Airports SEC. 1402. [72 Stat. 806] (a) [72 Stat. 806,49 U.S.C. 211 (b), (C)] The Act of May 24, 1928, as amended (45 Stat. 728), is further 12 Functions, property, etc. of Airways Modernization Board were transferred to Adimin- istrator. Federal Aviation Agency on November 1, 1958 (Executive Order No. 10786, 23 Fed. Beg. 8573, po8t p. 255). ~77i7 O-6i------~8i PAGENO="1282" 1276 AIR LAWS AND TREATIES OF THE WORLD amended by striking out the words "Civil Aeronautics Authority" wherever they appear and inserting in lieu thereof the words "Ad- ininistrator of the Federal Aviation Agency". Federal Airport Act (b) The Act of May 13, 1946, as amended (6O Stat. 170), is further amended as follows: (1) [72 Stat. 806, 49 U.S.C. 1101(a) (1)] By striking the words "Administrator of Civil Aeronautics" wherever they appear and in- serting in lieu thereof the words "Administrator of the Federal Avia- tion Agency"; (2) [72 Stat. 807,49 U.S.C. 1102(a), 1105,1116(d), (e)] By striking the word "Secretary" where it appears in sections 3 (a), 6, and 17, and inserting in lieu thereof the word "Administrator"; and (3) [72 Stat. 807, 49 U.S.C. 1103, 1108 (a), (d), 1111] By striking the words "Secretary of Commerce" wherever they appear and in- serting in lieu thereof the word "Administrator". Government Surplus Airports and Equipment Act (c) [72 Stat. 807, 50 U.S.C. App. 1622(g), 1622a, 1622b, 1622c] The Act of July 30, 1947 (61 Stat. 678), as amended, including the Act of October 1, 1949 (63 Stat. 700), is further amended by strik- ing the words "Administrator of Civil Aeronautics" wherever they appear and inserting in lieu thereof the words "Administrator of the Federal Aviation Agency". Alaskan Airports Act (d) The Act of May 28, 1948, as amended (62 Stat. 277), is amended as follows: (1) [72 Stat. 807,48 U.S.C. 485] By striking the words "Adminis- trator of Civil Aeronautics" and inserting in lieu thereof the words "Administrator of the Federal Aviation Agency"; (2) [72 Stat. 807,48 U.S.C. 485c] By striking the words "Civil Aero- nautics Administration" and inserting in lieu thereof the worth "Federal Aviation Agency"; * (3) [72 Stat. 807, 48 U.S.C. 485d] By striking the words "Secre- tary of Commerce" and inserting in lieu thereof the words "Admin- istrator of the Federal Aviation Agency". Department of Interior Airports Act (e) [72 Stat. 807,16 U.S.C. 7a] The Act of March 18, 1950 (64 Stat.. 27), is amended by striking the words "Administrator of Civil Aeronautics" and inserting in lieu thereof the words "Administrator of the Federal Aviation Agency". Washington National Airport Act (f) The Act of June 29, 1940 (54 Stat. 686), as amended, is further amended by striking out the words "Administrator of the Civil Aero- nautics Authority" in subsection (a) of section 1 and inserting in lieu. PAGENO="1283" AIR LAWS AND TREATIES OF THE WORLD 1277 thereof the words "Administrator of the Federal Aviation Agency", and by striking out th~ words "Civil Aeronautics Administration" in subsection (a) of section 4 and inserting in lieu thereof the words "Federal Aviation Agency". Second Washingfon Airport Act (g) The Act of September 7, 1950 (64 Stat. 770), is amended by striking the word "Secretary" wherever it appears except in sub- section (c) of section 8 and inserting in lieu thereof the word "Admrn- istrator"; by striking the `words "Secretary of Commerce" from the first section of such Act and inserting in lieu thereof the words "Ad- ministrator of the Federal Aviation Agency"; by striking the words "Department of Commerce" wherever they appear and inserting in lieu thereof the words "Federal Aviation Agency"; and by striking subsection (c) of section 8 and inserting in lieu thereof a new sub- section as follows: "(c) The United States Park Police may, at the request of the Ad- ministrator, be assigned by the Secretary of the Interior, in his dis- cretion, to patrol any area of the airport, and any members of the United States Park Police so assigned are hereby authorized and empowered to make arrests within the limits of the airport for the same offenses and in the same manner and circumstances as are pro- vided in this section with respect to employees designated by the Administrator." AMENDMENTS TO THE INTERNATIONAL AVIATION FACILITIES ACT SEC. 1403. [72 Stat. 808,49 U.S.C. 1151, 1152,1155, 1157 (a), (b), 7160] The Act of June 16, 1948 (62 Stat. 450), as amended, is further amended by striking the words "Administrator of Civil Aeronautics" and inserting in lieu thereof the words "Administrator of the Federal Aviation Agency", and by striking the words "Civil Aeronautics Ad- ministration" and inserting in lieu thereof the words "Federal Avia- tion Agency"; by striking paragraph (1) of section 2 and renum- bering subsequent subsections; by striking the phrase "After consultation with the Air Coordinating Committee and" from section 3; by striking the phrase "with the unanimous approval of the Air Coordinating Committee," from section 6; and by striking the sen- tence reading "Transfer of property in foreign territory shall be made hereunder only after consultation with the Air Coordinating Com- mittee." wherever it appears in section 8. AMENDMENTS TO ACT RELATING TO COAST GUARD AIDS TO NAVIGATION AND OCEAN STATIONS SEC. 1404. [72 Stat. 808, 14 U.S.C. prec. 81,873, 90(b)] The Act of August 4, 1949 (63 Stat. 495), as amended, is further amended by striking the words "Administrator of Civil Aeronautics" wherever they appear and inserting in lieu thereof the words "Administrator of the Federal Aviation Agency", and by striking the words "Civil Aeronautics Administration" wherever they appear and inserting in lieu thereof the words "Federal Aviation Agency". PAGENO="1284" 1278 AIR LAWS AND TREATIES OF THE WORLD AMENDMENTS TO FEDERAL EXPLOSIVES ACT SEC. 1405. [72 Stat. 808, 50 U.S.C. 123] The Act of November 24, 1942 (56 Stat. 1022), is amended by striking the words "Civil Aero- nautics Board" and inserting in lieu thereof the words "Adminis- trator of the Federal Aviation Agency". AMENDMENTS TO FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OP 1949 SEC. 1406. [72 Stat. 808, 40 U.S.C. 474(14)] The Federal Prop- erty and Administrative Services Act of 1949, as amended, is further amended by striking the phrase "Administrator of Civil Aeronautics" in section 602(d) (40 U.S.C. 474(14)), and inserting in lieu thereof the phrase "Administrator of the Federal Aviation Agency". AMENDMENTS TO ACT RELATING TO PURCHASE AND MANUFACTURE OF MA- TERIALS AND SUPPLIES SEC. 1407. [72 Stat. 808, 31 U.S.C. 686(a)] The Act of March 4, 1915, as amended, (31 U.S.C. 686), is further amended by striking the phrase "Civil Aeronautics Administration" and inserting in lieu thereof the phrase "Federal Aviation Agency". AMENDMENTS TO EXPERIMENTAL AIR MAIL ACT SEC. 1408. [72 Stat. 808, 39 U.S.C. 470] The Act of April 15, 1938, ~s amended (39 U.S.C. 470), is further amended by striking the phrase "Civil Aeronautics Act of 1938" and inserting in lieu thereof the phrase "Federal Aviation Act of 1958". AMENDMENTS TO TRANSPORTATION OF FOREIGN MAIL BY AIRCRAFT ACT SEC. 1409. [72 Stat. 809, 49 U.S.C. 485a, 485b] The Act of August 27, 1940, as amended (49 U.S.C. 485a), is further amended by striking the phrase "Civil Aeronautics Act of 1938" and inserting in lieu thereof the phrase "Federal Aviation Act of 1958". AMENDMENTS TO ACT RELATING TO TRANSPORTATION OF REGULAR MAIL TO ALASKA BY AIR SEC. 1410. [72 Stat. 809, 39 U.S.C. 488a] The Act of October 14, 1940, as amended (39 U.S.C. 488a), is further amended by striking the phrase "Civil Aeronautics Act of 1938" and inserting in lieu thereof the phrase "Federal Aviation Act of 1958". AMENDMENT TO PROVISION IN THE FEDERAL TRADE COMMISSION ACT SEC. .1411. [72 Stat. 809, 15 U.S.C. 45(a) (6)] Section 5(a) (6) of the Act of September 26, 1914, as amended (15 U.S.C. 45), is further amended by striking the phrase "Civil Aeronautics Act of 1938" and inserting in lieu thereof the phrase "Federal Aviation Act of 1958". PAGENO="1285" AIR LAWS AND TREATIES OF THE WORLD 1279 TITLE XV-SAVING PROVISIONS AND EFFECTIVE DATE EFFECT OF TRANSFERS~ REPEALS~ AND AMENDMENTS Existing Rules, Regulations, Orders, and so forth SEc. 1501. [72 Stat. 809, 49 U.S.C. 1301 ~mote] (a) All orders,. determinations, rules, regulations, permits, contracts, certificates, licenses, rates, and privileges which have been issued, made, or granted, or allowed to become effective, by the President, the Depart- ment of Commerce, the Secretary of Commerce, the Administrator of Civil Aeronautics, the Civil Aeronautics Board, the Airways Modern- ization Board, the Secretary of the Treasury, the Secretary of Agriculture, or the Postmaster General, or any court of competent jurisdiction, under any provision of law repealed or amended by this Act, or in the exercise of duties, powers, or functions which, under this Act, are vested in the Administrator of the Federal Aviation Agency or the Civil Aeronautics Board, and which are in effect at the time this section takes effect, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or repealed by the Administrator or the Board, as the case may be, or by any court of competent jurisdiction, or by operation of law. Pending Administrative Proceedings (b) The provisions of this Act shall not affect any proceedings pending at the time this section takes effect before the Secretary of Commerce, the Administrator of Civil Aeronautics, the Civil Aero- nautics Board, the Chairman of the Airways Modernization Board,. the Secretary of the Treasury, or the Secretary of Agriculture; but any such proceedings shall be continued before the successor agency,. orders therein issued, appeals therefrom taken, and payments made pursuant to such orders, as if this Act had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or repealed by the Administrator,~ the Civil Aeronautics Board, the Secretary of the Treasury, or the Secretary of Agriculture or by operation of law. Pending Judicial Proceedings (c) The provisions of this Act shall not affect suits commenced prior to the date on which this section takes effect; and all such suits shall be continued by the successor agency, proceedings therein had,. appeals therein taken, and judgments therein rendered, in the same manner and with the same effect as if this Act had not been passed. No suit, action, or other proceeding lawfully commenced by or against any agency or officer of the United States, in relation to the discharge of official duties, shall abate by reason of any transfer of authority~ power, or duties from such agency or officer to the Administrator or.* the Board under the provisions of this Act, but the court, upon motion or supplemental petition filed at any time within twelve months, after such transfer, showing the necessity for a survival of such suit, action, PAGENO="1286" 1280 AIR LAWS AND TREATIES OF TIlE WORLD or other proceeding to obtain a settlement of the questions involved, may allow the same to be maintained by or against the Administrator or the Board. PERSONNEL~ PROPERTY, AND APPROPRIATIONS SEC. 1502. [72 Stat. 810 49 U.S.C. 1341 note] (a) The officers, employees, and property (~including office equipment and official records) of the Civil Aeronautics Administration of the Department of Commerce, and of the Airways Modernization Board, and such employees and property (including office equipment and official records) as the President, after consultation with the Civil Aero- nautics Board, shall determine to have been employed by the Civil Aeronautics Board, in the exercise and performance of those powers and duties vested in and imposed upon it by the Civil Aeronautics Act of 1938, as amended, and which are vested by this Act in the Agency, shall be transferred to the Agency upon such date or dates as the President shall specify: Provided, That the transfer of such personnel shall be without reduction in classification or compensation, except that this requirement shall not operate after the end of the fiscal year during which such transfer is made to prevent the adjust- mont of classification or compensation to conform to the duties to ~which such transferred personnel may be assigned. (b) Such of the unexpended balances of appropriations available for use by the Civil Aeronautics Administration of the Department of Commerce and by the Airways Modernization Board, and such of the unexpended balances of appropriations available for use by the Civil Aeronautics Board in the exercise and performance of those powers and duties vested in and imposed upon it by the Civil Aeronautics Act of 1938, as amended, and which are vested by this Act in the Admin- istrator, shall be transferred to the Agency upon such date or dates as the President shall specify, and shall be available for use in connec- -tion with the exercise and performance of the powers and duties vested in and imposed upon the Administrator by this Act. Where provisions of this Act which are to be administered by the Board are in substance reenactments (with or without modifications) of provi- :5lOflS of the Civil Aeronautics Act of 1938, as amended, administered by the Board at the time this section takes effect, the Board, in carry- ing .out such provisions of this Act, may utilize unexpended balances of appropriations made for carrying out such provisions of the Civil Aeronautics Act of 1938, as amended. (c) All records transferred to the Administrator under this Act shall be available for use by him to the same extent as if such records were originally records of the Administrator. MEMBERS, OFFICERS, AND EMPLOYEES OF THE BOARD SEc. 1503. [72 Stat, 811, 49 U.S.C. 1321 note] Nothing in this Act (1) shall affect the tenure of office of any individual who is a mem- ber of the Civil Aeronautics Board at the time title IV of this Act takes effect, or to nullify any action theretofore taken by the Presi- dent in designating any such person as chairman or vice chairman of the Board, or (2) subject to section 1502(a), change the status of the officers and employees under the jurisdiction of the Board at that time. PAGENO="1287" AIR LAWS AND TREATIES OF THE WORLD 1281 SEPARABILITY SEc. 1504. [72 Stat, 811, 49 U.S.C. 1301 note] If any provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of the Act and the application of such provision to other persons or circumstances shall not be affected thereby. EFFECTIVE DATE SEC. 1505. [72 Stat. 811, 49 U.S.C. 1301 note] The provisions of this Act shall become effective as follows: (1) Section 301, section 302 (a), (b), (c), (f), (i), and (k), section 303(a), section 304, and section 1502, shall become effective on the date of enactment of this Act; and (2) The remaining provisions shall become effective on the 60th day following the date on which the Administrator of the Federal Aviation Agency first appointed under this Act quali- fies and takes office.13 1'The first appointed Administrator qualified and took office on November 1, 1958. The remaining provisions of the Act became effective December 31, 1958. PAGENO="1288" 1282 AIR LAWS AND TREATIES OF THE WORLD INTERNATIONAL AVIATION FACILITIES ACT [Act of Jwrte 16,1948, 62 Stat. 4~50; as amended byAct of August 10, 1949, 63 Stat. 591; and Act of Augwst 23, 1958 (Federal Aviation Act, 72 Stat. 731.] To encourage the development of an international air-transportation system adapted to the needs ~of the foreign commerce of the United States, of the postal service, and of the national defense, and for other purposes. Be it enacted by the Senate and House of Rep'rè8entative8 of the tJn.ited State8 of Anverica in Congrese assembled,' SHORT TITLE SEC. 1. [613 Stat. 480] This Act may be cited as the "International Aviation Facilities Act". DEFINITIONS Sno. 2. [62 Stat. 450, as amended by 72 Stat. 731,49 TI. S. C. 1151] For the purposes of this Act: (1) The term "airport property" means any property, real or per- sonal, or any interest therein, used or useful, directly or indirectly, in connection with the administration, operation, or maintenance of an airport, including but not limited to (1) land; (2) runways, strips, taxiways, and parking aprons; (3) buildings, structures, improve- ments, and facilities, whether or not used in connection with the land- ing and take-off of aircraft; and (4) equipment (including parts and components thereof), furniture, vehicles, and supplies. (2) The term "airway property" means any property, real or per- sonal, or any interest therein, used or useful, directly or indirectly, in connection with the administration, operation7 or maintenance of any ground installation, facility, or equipment (including parts and components thereof) necessary or desirable for the orderly and safe operation of air traffic, including but not limited to air navigation, air- traffic control, airway communications, and meteorologicili facilities. (3) The term "foreign territory" means any area of land or water over which no nation or a nation other than the United States exer- cises the incidents of sovereignty (including territory of undetermined sovereignty and the high seas), any area of land or water temporarily under military occupation by the United States, and any area of land or water occupied or administered by' the United States or any other nation' under any international agreement. ESTABLISHMENT AND OPERATION, IN FOREIGN TERRITORY~ OF FACILITIES * RELATED TO AVIATION SEC. 3. [62 Stat. 451, as amended by 72 Stat. 731,49 U. S. C. 1152] Subject to concurrence of the Secretary of State, and with due regard PAGENO="1289" AIR LAWS AND TREATIES OF THE WORLD 1283 for the objectives of the International Civil Aviation Organization, the Administrator of the Federal Aviation Agency (hereinafter re- ferred to as the "Administrator") and the Chief of the Weather Bureau of the Department of Commerce, within their respective fields, are authorized, by contract or otherwise, to acquire, establish, and construct airport property and nirway property in foreign territory: Prc~vided, however, That, except in the case of airport property trans- ferred under section 8, no airport (as defined in section 1 of the Civil Aeronautics Act of 1938, as amended) may be acquired, established, or constructed under authority of this section unless funds for such purpose have been specifically appropriated, by the Congress. TRAINING OF FOREIGN NATIONALS IN AERONAUTICAL AND RELATED SUBJECTS SEc. 4. [62 Stat. 451,49 U. S. C. 1153] Subject to the concurrence of the Secretary of State, the Administrator and the Chief of the Weather Bureau, within their respective fields, are authorized within or outside the United States to train foreign nationals directly, or in conjunction with any other United States Government agency, or through any United States public or private agency (including any State or municipal educational institution), or through any interna- tional organization, in aeronautical and related subjects essential to the orderly and safe operation of civil aircraft. ACCEPTANCE OF FUNDS FOR FACILITIES SUPPLIED OR SERVICES PERFORMED FOR A FOREIGN GOVERNMENT OR AN INTERNATIONAL ORGANIZATION SEc. 5. [62 Stat. 451,49 U. S. C. 1154] The Administrator and the Chief of the Weather Bureau, respectively, are authorized to accept, on behalf of the United States, funds from any foreign government or from any international organization as payment for any facilities supplied or services performed for such government or international organization by the Administrator or the Chief of the Weather Bu- reau, either directly or indirectly, under authority of this Act or the Civil Aeronautics Act of 1938, as amended, including the operation of airport property and airway property in such countries, the training of foreign nationals, the rendering of technical assistance and advice to such countries, and the performance of other similar services. Funds so received may be credited (A) to appropriations current at the time the expenditures are to be or have been paid, (B) to appro- priations current at the time such amounts are received, or (C) in part as provided under clause (A) and in part as provided under clause (B). TRANSFER OF AIRPORT PROPERTY OR AIRWAY PROPERTY TO A FOREIGN GOVERNMENT OR AN INTERNATIONAL ORGANIZATION Sic. 6. [6~ Stat. 452, as amended by 72 Stat. 731,49 U. S. C. 1155] The Administrator or the Chief of the Weather Bureau, as the case may be, upon request of the foreign government involved or of any international organization, may transfe~ any airport property or airway property operated and maintained by him within foreign territory, pursuant to the provisions of this Act, to the foreign gov- ernnient involved or to any .international organization. The Ad- ministrator or the Chief of the. Weather Bureau, as the case may be, PAGENO="1290" 1284 AIR LAWS AND TREATIES OF THE WORLD is authorized to make such transfer upon such terms and conditions as he deems proper, including provision for receiving, on behalf of the United States, such payment or other consideration for the prop- erty so transferred as may be agreed upon through negotiations with the foreign government or international organization involved. FACILITIES, SERVICE, AND PROPERTY IN THE CANAL ZONE AND IN THE REPUBLIC OF PANAMA SEC. 7. [62 Stat. 452, a~ amended by 63 Stat. 591, 49 U. S. 0. 1156] (a) Subject to the approval of the Secretary of Defense, the Admin- istrator is authorized to provide air navigation, communications, and air traffic control facilities and services in the Canal Zone and the Republic of Panama and to do all things necessary in connection with the operation and maintenance thereof. (b) in exercising and performing his powers and duties under this suction, the Administrator shall do so consistently with any obligation assumed by the United States in any treaty, convention, or agree- ment that may be in force between the United States and the Republic of Panama. (c) Any department of the Defense Department is authorized lfl its discretion to transfer without charge therefor to the Admin- istrator any airport property or airway property or other real or personal property which (1) is located in the Canal Zone or the Republic of Panama, and (2) is determined by the Administrator to be, or likely to become, useful in carrying out the purposes of this Act. (d) The authority conferred by this section may be exercised with- out regard to sections 3 and 8 (a) of this Act. TRANSFER OF CERTAIN PROPERTY FROM THE NATIONAL MILITARY ESTAB- LISHMENT TO THE ADMINISTRATOR OR THE WEATHER BUREAU SEC. 8. [693 Stat. 452, a~ amended by 72 Stat. 731, 49 U. S. 0. 1157] (a) When considered consistent with the needs of national defense, and subject to such conditions, if any, as may be agreed upon in specific cases between the parties, any department of the Defense Department is authorized to transfer at its discretion to the Administrator, with- out charge therefor, airport property and airway property, exclusive of meteorological facilities, installed by or in the possession of such department in territory (including Alaska) outside the continental limits of the United States, which such department has found to be no longer required exclusively for military purposes and which in the opinion of the Administrator are, or are likely to become, neces- sary for carrying out the purposes of this Act. (b) When considered consistent with the needs of national defense, and subject to such conditions, if any, as may be agreed upon in spe- cific cases between the parties, any department of the Defense Department is authorized to transfer at its discretion to the Chief of the Weather Bureau without charge therefor, meteorological facilities instaUed by or in the possession of such department in territory (in- cluding Alaska) outside the continental limits of the United States, which such department has found to be no longer required exclusively for military purposes, and which, in the opinion of the Chief of the Weather Bureau are, or are likely to become, necessary for carrying PAGENO="1291" AIR LAWS AND TREATIES OF THE WORLD 1285 out the purposes of this Act. Transfer of property in foreign territory shall be made hereunder oniy after consultation with the Air Coordi- nating Committee. (c) All property transferred to the Department of Commerce under the provisions of Executive Order 9709, dated March 29, 1946, and Executive Order 9797, dated November 6, 1946, and which is in the possession of the Department of Commerce on the date of the enact- ment of this Act shall be considered as property transferred pursuant to this section. AUTHORITY TO RETAKE PROPERTY TRANSFERRED tTNDER SECTION 7 OR 8 SEC. 9. [6~ Stat. 453, 49 U. S. C. 1158] When necessary to meet military requirements, as determined by the Secretary of the depart- ment which made the transfer, such department is authorized imme- diately to retake any property transferred under section 7 or section 8, together with any improvements or additions made thereto: Provided, That the Secretary of such department, upon the recommendation of the Administrator or the Chief of the Weather Bureau, as the case may be, is authorized in any case to waive any right or privilege con- ferred or reserved by this section. In the event property is retaken which incorporates improvements or additions not made at Govern- ment expense, reasonable compensation shall be paid to the person or persons who made such improvements or additions, or to their suc- cessors in interest. The Secretary of the department which made the transfer, or his duly authorized representative, shall determine, for purposes of this section, what is reasonable compensation for such improvements or additions. POWERS OF ADMINISTRATOR AND CHIEF OF WEATHER BUREAU WITH RESPECT TO CERTAIN AIRPORT PROPERTY AND AIRWAY PROPERTY SEC. 10. [6~ Stat. 453, 49 U. S. C. 1159] (a) With regard to air- port property and airway property in territory (including Alaska) outside the continental limits of the United States which he has ac- quired pursuant to this Act or any other provision of law, the Adminis- trator is empowered and directed to do and perform, by contract or otherwise, all acts and things necessary or incident to their consoli- dation, operation, protection, maintenance, improvement, and ad- ministration, including but not limited to the power (1) to adapt, from time to time, such properties to the needs of civil aeronautics by con- struction, installation, reengineering, relocation, or otherwise; (2) to make and amend such reasonable rules and regulations as he may deem necessary to the proper exercise of the powers granted by this section; (3) to lease under such conditions as he may deem proper and for such periods as may be desirable (not to exceed twenty years) space or property for purposes essential or appropriate to their consolida- tion, operation, protection, and administration under this Act; (4) to contract for, or to provide directly for, the sale of fuel, oil, equipment, food and supplies, hotel accommodations, and other facilities and services necessary or desirable for the operation and administration of such properties; (5) to make just and reasonable charges for aero- nautical services (including but not limited to landing fees and fees PAGENO="1292" 1286 AIR LAWS AND TREATIES OF THE WORLD for the use of communication services); and (6) to acquire, by pur- chase or otherwise, real or personal property, or interests therein, which he may consider necessary for the purposes of this section. Any person who knowingly and willfully violates any rule or regulation issued by the Administrator under clause (2) of this section, if such violation is committed in any area under the civil jurisdiction of the United States, shall be deemed guilty of a misdemeanor and upon con- viction thereof shall be subject to a fine of not more than $500 or to imprisonment not exceeding six months, or to both such fine and im- prisonment. (b) With regard to meteorological facilities in territory (including Alaska) outside the continental limits of the United States which he has acquired pursuant to this Act or any other provision of law, the Chief of the Weather Bureau is vested with all powers to consolidate, operate, protect, maintain, improve, and administer granted the Administrator by subsection (a) with respect to facilities the latter has acquired. (c) All funds received under this section, as a result of direct sale or charge by the Administrator or the Chief of the Weather Bureau and which, in the judgment of the Administrator or the Chief. of the Weather Bureau, as the case may be, are equivalent to the cost, including handling charges, of the fuel, oil, equipment, food, supplies, services, shelter, or other assistance or services sold or furnished shall be credited to the appropriation from which the cost thereof was paid, and the balance, if any, shall be credited to miscellaneous receipts. (d) The provisions of section 3709 of the Revised Statutes, as amended (41 U. S. C. 5), shall not apply to any of the leases or con- tracts made by the Administrator or the Chief of the Weather Bureau pursuant to the provisions of this Act. UTILIZATION OF FACILITIES AND SERVICES OF OTHER GOVERNMENT AGENCIES SEC. 11. [62 Stat. 464, as amended by 72 Stat. 731,49 U. S. C. 1160] The Administrator and the Chief of the Weather Bureau are author- ized and directed, in carrying out the provisions of this Act, insofar as they find it practicable, to arrange for the use of appropriate facili- ties or services of other United States Government agencies, and to reimburse any such agency for such service out of funds appropriated to the Federal Aviation Agency of the Weather Bureau, as the case may be, to the end that personnel and facilities of existing United States Government agencies shall be utilized to the fullest possible advantage and not be unnecessarily duplicated. Any agency of the United States Government receiving any such request is hereby authorized to furnish such facilities or to perform such services. AUTHORIZATION FOR APPROPRIATIONS SEC. 12. [6~ Stat. 454] There are hereby authorized to be appro- priated such sums as may be necessary to carry out the provisions of this Act. PAGENO="1293" AIR LAWS AND TREATIES OF THE WORLD 1287 NATIONALAERONAUTICS AND SPACE ACT OF 1958 [Act of July 29, 1958, 72 Stat. 426] AN ACT To provide for research into problems of flight within and outside the earth's atmosphere, and for other purposes. Be it enaeted by the Senate and House of Representatives of the /Jnited States of America in Congress assembled, TITLE I-SHORT TITLE, DECLARATION OF POLICY, AND DEFINITIONS SHORT TPTLE SEc. 101. [72 Stat. 426,42 U.S.C. 2451 note] This Act may be cited ~s the "National Aeronautics and Space Act of 1958". DECLARATION OF POLICY AND PURPOSE Si~c. 102. [72 Stat. 426, 42 U.S.C. 2451] (a) The Congress hereby ~declares that it is the policy of the United States that activities in space should be devoted to peaceful purposes for the benefit of all mankind. (b) The Congress declares that the general welfare and security of the United States require that adequate provision be made for aero- nautical and space activities. The Congress further declares that such activities shall be the responsibility of, and shall be directed by, ~ civilian agency exercising control over aeronautical and space ac- tivities sponsored by the United States, except that activities peculiar to or primarily associated with the development of weapons systems, military operations, or the defense of the United States (including the research and development necessary to make effective provision for the defense of the United States) shall be the responsibility of, and `shall be directed by, the Department of Defense; and that determina- tion as to which such agency has responsibility for and direction of any such activity shall be made by the President in conformity with section 201(e). (c) The aeronautiesi and space activities of the United States shall be conducted so as to contribute materially to `one or more of the following objectives: (1) The expansion of human knowledge of phenomena in the atmosphere and space; (2) The improvement of the usefulness, performance, speed, safety, and efficiency of aeronautical and space vehicles; PAGENO="1294" 1288 AIR LAWS AND TREATIES OF THE WORLD (3) The development and operation of vehicles capable of carry- ing instruments, equipment, supplies, and living organisms througi.~ space; (4) The establishment of long-range studies of the potential benefits to be gained from, the opportunities for, and the problems involved in the utilization of aeronautical and space activities for peaceful and scientifl~ purposes; (5) The preservation of the role of the United States as a leader in aeronautical and space science and technology and in the application thereof to the conduct of peaceful activities within and outside the atmosphere; (6) The making available to agencies directly concerned with national defense of discoveries that have military value or signifi- cance, and the furnishing by such agencies to the civilian agency establishcd to direct and control nonmilitary aeronautical and space activities, of information as to discoveries which have value or significance to that agency; (7) Cooperation by the United States with other nations and groups of nations in work done pursuant to this Act and in the peaceful application of the results thereof; and (8) The most effective utilization of the scientific and engineer- ing resources of the United States, with close cooperation among all interested agencies of the United States in order to avoid unnec~ssary duplication of effort, facilities, and equipment. (d) It is the purpose of this Act to carry out and effectuate the policies declared in subsections (a), (b), and (c). Definitions SEC. 108. [72 Stat. 427, .42 U.S.C. 2452] As used in this Act- (1) the term "aeronautical and space activities" means (A) research into, and the solution of, problems of flight within and outside the earth's atmosphere, (B) the development, construe- tion, testing, and operation for research purposes of aeronautical and space vehicles, and (C) such other activities as may be re- quired for the exploration of space; and (2) the term "aeronautical and space vehicles" means aircraft, in issiles, satellites, and other space vehicles, manned and un- manned, together with related equipment, devices, components.. and parts. TITLE Il-COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES NATIONAL AERO~AUTIcs AND SPACE COUNCIL SEC. 201. [72 Stat. 427, 42 U.S.C. 2471] (a) There is hereby estab- )llshed the National Aeronautics and Space Coumicil (hereinafter called the "Council") which shall be composed of- (1) the President (who shall preside over meetings of the Council); (2) the Secretary of State; (3) the Secretary of Defense; PAGENO="1295" AIR LAWS AND TREATIES OF THE WORLD 1289 (4) the Administrator of the National Aeronautics and Space Administration; (5) the Chairman of the Atomic Energy Commission; (6) not more than one additional member appointed by the President from the departments and agencies of the Federal. Gov- ernment; and (7) not more than three other members appointed by the Presi- dent, solely on the basis of established records of distinguished achievement, from among individuals in private life who are eminent in science, engineering, technology, education, adminis - tration, or public affairs. (b) Each member of the Council from a department or agency of the Federal Government may designate another officer of his depart- ment or agency to serve on the Council as his alternate in his unavoid- able absence. (c) Each member of the Council appointed or designated under paragraphs (6) and (7) of subsection (a), and each alternate mem- her designated under subsection (b), shall be appointed or designated to serve as such by and with the advice and consent of the Senate, unless at the time of such appointment or designation he holds an office in the Federal Government to which he was appointed by and with the advice and consent of the Senate. (d) It shall be the function of the Council to advise the President with respect to the performance of the duties prescribed in subsection. (e) Of this section. (e) In conformity with the provisions of section 102 of this Act, it shall be the duty of the President to- (1) survey all significant aeronautical and space activities, in- eluding the policies, plans, programs, and accomplishments of all agencies of the United States engaged in such activities; (2) develop a comprehensive program of aeronautical and space activities to be conducted by agencies of the United States; (3) designate and fix responsibility for the direction of major aeronautical and space activities; (4) provide for effective cooperation between the National Aeronautics and Space Administration and the Department of Defense in all such activities, and specify which of such activities may be carried on concurrently by both such agencies notwith- standing the assignment of primary responsibility therefor to one or the other of such agencies; and (5) resolve differences arising among departments and agen- cies of the United States with respect to aeronautical and space activities under this Act, including differences as to whether a particular project is an aeronautical and space activity. (f) The Council may employ a staff to be headed by a civiiian executive secretary who shall be appointed by the President by ai~d with the advice and consent of the Senate and shall receive compen- sation at the rate of $20,000 a year. The executive secretary, subject to the direction of the Council, is authorized to appoint and fiX the compensation of such pe1~so11nel, including not mole than three per- sons who may be appointed without regard to the civil service laws or the Classification Act of 1949 and compensated at the rate of not more than $19,000 a year, as may be necessary to perform such duties as may PAGENO="1296" 1290 AIR LAWS AND TREATIES OF THE WORLD be prescribed by the Council in connection with the performance of its functions. Each appointment under this subsection shall be sub- ject to the same security requirements as those established for person- nel of the National Aeronautics and Space Administration appointed under section 203(b) (2) of this Act. (g) Members of the Council appointed from private life under sub- section (a) (7) may be compensated at a rate not to exceed $100 per diem, and may be paid travel expenses and per diem in lieu of sub- sistence in accordance with the provisions of section 5 of the Admm- istrative Expenses Act of 1946 (5 U.S.C. 73b-2) relating to persons serving without compensation. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION SEC. 202. [72 Stat. 429, 42 U.S.C. 2472] (a) There is hereby estab- lished the National Aeronautics and Space Administration (herein- after called the "Administration"). The Administration shall be headed by an Administrator, who shall be appointed from civilian life by the President by and with the advice and consent of the Sen- ate, and shall receive compensation at the rate of $22,500 per annum. Under the supervision and direction of the President, the Adminis- trator shall be responsible for the exercise of all powers and the dis- charge of all duties of the Administration, and shall have authority and control over all personnel and activities thereof. (b) There shall be in the Administration a Deputy Administrator, who shall be appointed from civilian life by the President by and with the advice and consent of the Senate, shall receive compensation at the rate of $21,500 per annum, and shall perform such duties and exercise such powers as the Administrator may prescribe. The Deputy Ad- ministrator shall act for, and exercise the powers of, the Adminis- trator during his absence or disability. (c) The Administrator and the Deputy Administrator shall not engage in any other business, vocation, or employment while serving as such. FUNCTIONS OF THE ADMINISTRATION SEC. 203. [72 Stat. 429, 42 U.S.C. 2473] (a) The Administration, in order to carry out the purpose of this Act, shall- (1) plan, direct, and conduct aeronautical and space activities; (2) arrange for participation by the scientific community in planning scientific measurements and observations to be made through use of aeronautical and space vehicles, and conduct or arrange for the conduct of such measurements and observations; and (3) provide for the widest practicable and appropriate dis- semination of information concerning its activities and the re- sults thereof. (b) In the performance of its functions the Administration is authorized- (1) to make, promulgate, issue, rescind, and amend rules and regulations governing the manner of its operations and the exer- cise of the powers vested in it by law; PAGENO="1297" AIR LAWS AND TREATIES OF THE WORLD 1291 (2) to appoint and fix the compensation of such officers and employees as may be necessary to carry out such functions. Such officers and employees shall be appointed in accordance with the civil-service laws and their compensation fixed in accordance with the Classification Act of 1949, except that (A) to the extent the Administrator deems such action necessary to the discharge of his responsibilities, he may appoint and fix the compensation (up to a limit of $19,000 a year, or up to a limit of $21,000 a year for a maximum of ten positions) of not more than two hundred and sixty of the scientific, engineering, and administrative per- sonnel of the Administration without regard to such laws, and (B) to the extent the Administrator deems such action necessary to recruit specially qualified scientific and engineering talent, he may establish the entrance grade for scientific and engineering personnel without previous service in the Federal Government at a level up to two grades higher than the grade provided for such personnel under the General Schedule established by the Classi- fication Act of 1949, and fix their compensation accordingly; (3) to acquire (by purchase, lease, condemnation, or other- wise), construct, improve, repair, operate, and maintain labora- tories, research and testing sites and facilities, aeronautical and space vehicles, quarters and related accommodations for em- ployees and dependents of employees of the Administration, and such other real and personal property (including patents), or any interest therein, as the Administration deems necessary within and outside the continental United States; to lease to others such real and personal property; to sell and otherwise dispose of real and personal property (including patents and rights thereunder) in accordance with the provisions of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 471 et seq.); and to provide by contract or otherwise for cafeterias and other necessary facilities for the welfare of employees of the Administration at its installations and purchase and maintain equipment theref or; (4) to accept unconditional gifts or donations of services, money, or property, real, personal, or mixed, tangible or intangible; * (5) without regard to section 3648 of the Revised Statutes, as amended (31 U.S.C. 529), to enter into and perform such contracts, leases, cooperative agreements, or other transactions as may be neces- sary in the conduct of its work and on such terms as it may deem appropriate, wit.h any agency or instrumentality of the United States, or with any State, Territory, or possession, or with any political subdivision thereof, or with any person, firm, association, corporation, or educational institution. To the maximum extent practicable and consistent with the accomplishment of the purpose of this Act, such contracts, leases, agreements, and other transactions shall be allocated by the Administrator in a manner which will enable small-business concerns to participate equitably a.nd proportionately in the conduct of the work of the Administratinn; (6) to use, with their consent, the services, equipment, personnel, and facilities of Federal and other agencies with or without reini- bursements, and on a similar basis to cooperate with other public and private agencies and instrumentalities in the use of services, 67717 O-61-----~82 PAGENO="1298" 1292 AIR LAWS AND TREATIES OF THE WORLD equipment, and facilities. Each department and agency of the Fed- eral Government shall cooperate fully with the Administration in making its services, equipment, personnel, and facilities available to the Administration, and any such departrneiit or agency is authorized, notwithstanding any other provision of law, to transfer to or to re- ceive from the Aclministrati6n, without reinibursement, aeronautical and space vehicles, and supplies and equipment other than adrninis- trative supplies or equipment; (7) to appoint such advisory committees as may be appropriate for purposes. of consultation and advice to the Administration in time performance of its functions; (8) to establish within the Administration such offices and proce- *dures as may be appropriate to provide for the greatest possible co- ordination of its activities under this Act with related scientific and other activities being carried on by other public and private agencies and organizations; (9) to obtain services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), at rates not to exceed $100 per diem for individuals; (10) when determined by the Administrator to be necessary, and subject to such security investigations as he may determine to be ap- propriate, to employ aliens without regard to statutory provisions prohibiting payment of compensation to aliens; (11) to employ retired commissioned officers of the armed forces of the United States and compensate them at the rate established for the positions occupied by them within the Administration, subject only to the limitations in pay set forth in section 212 of the Act of June 30, 1932, as amended (5 U.S.C. 59a); (12) with the approval of the President, to enter into cooperative agreements under which members of the Army, Navy, Air Force, and Marine Corps may be detailed by the appropriate Secretary for serv- ices in the performance of functions under this Act to the same extent as that to which they might be lawfully assigned in the Department of Defense; and (13) (A) to consider, ascertain, adjust, determine, settle, and pay, on behalf of the United States, in full satisfaction thereof, any claim for $5,000 or less against the United States for bodily injury, death, or damage to or loss of real or persona~I property resulting from the conduct of the Administration's functions as specified in subsection (a) of this section, where such claim is presented to the Administra- tion in writing within two years after the accident or incident out of which the claim arises; and (B) if the Administration considers that a claim in excess of $5,000 is meritorious and would otherwise be covered by this paragraph, to report the facts and circumstances thereof to the Congress for its consideration. S CIVILIAN-MILITARY LIAISON COMMITTEE SEC. 204. [72 Stat. 431, 42 U.S.C. 2474] There shall be a Civilian- Military Liaison Committee consisting of- (1) a Chairman, who shall be the head thereof and who shall be appointed by the President, shall serve at the pleasure of the President, and shall receive compensation (in the manner pro- vided in subsection (d)) at the rate of $20,000 per annum; PAGENO="1299" AIR LAWS AND TREATIES OF THE WORLD 1293 (2) one or more representatives from the Department of De- fense, and one or more representatives from each of the Depart- inents of the Army, Navy, and Air Force, to be assigned by the Secretary of Defense to serve on the Committee without addi- tional compensation; and (3) representatives from the Administration, to be assigned by the Administrator to serve on the Committee without additional compensation, equal in number to the number of representatives assigned to serve on the Committee under paragraph (2). (bJ The Administration and the Department of Defense, through the Liaison Committee, shall advise and consult with each other on all matters within their respective jurisdictions relating to aeronauti- cal and space activities and shall keep each other fully and currently inforthed with respect to such activities. (c) If the Secretary of Defense concludes that any request, action, proposed action, or failure to act on the part of the Administrator is adverse to the responsibilities of the Department of Defense, or the Administrator concludes that any request, action, proposed action, or failure to act on the part of the Department of Defense is adverse to the responsibilities of the Administration, and the Administrator and the Secretary of Defense are unable to reach an agreement with re- `spect thereto, either the Administrator or the Secretary of Defense `may refer the matter to the President for his decision (which shall be final) as provided in section 201(e). (d) Notwithstanding the provisions of any other law, any active or retired `officer of the Army, Navy, or Air Force may serve as Chair- man of the Liaison Committee without prejudice to his active or re- tired status as such officer. The compensation received by any such officer for his service as Chairman of the Liaison Committee shall be equal to the amount (if any) by which the compensation fixed by sub- section (a) (1) for such Chairman exceeds his pay and allowances (including special amid incentive pays) as an active officer, or his retired pay.' INTERNATIONAL COOPERATION SEc. `205. [72 Stat. 432,42 U.S.C. 2475] The Administration, under the foreign policy guidance of the President, may engage in a program of international cooperation in work done pursuant to this Act, and in the peaceful application of the results thereof, pursuant to agreements made by the President with the advice and' consent of the Senate. REPORTS TO TIlE CONGRESS SEC. 206. [72 Stat. 432, 42 U.S.C. 2476] (a) The Administration shall submit to the President for transmittal to the Congress, semi- annually and at such other times as it deems desirable, a report of its activities and accomplishments. (b) The President shall transmit to the Congress in January of each year a report, which shall include (1) a comprehensive description of the programed activities and the accomplishments of all agencies of the United States in the field of aeronautics' and space activities during the preceding calendar year, and (2) an evaluation of such activities and accomplishments in terms of the attainment of, or the failure to attain, the objectives described in section 102(c) of this Act. PAGENO="1300" 1294 MR LAWS AND TREATIES OF THE WORLD (c) Any report made under this section shall contain such recom- mendations for additional legislation as the Administrator or the President may consider necessary or desirable for the attainment of the objectives described in section 102 (c) of this Act. (d) No information which has been classified for reasons of national security ~hall be included in any report made under this section, unless such information has been declassified by, or pursuant to authorization given by, the President. TITLE 111-MISCELLANEOUS NATIONAL ADVISORY COM1~1FITEE FOR AERONAUTICS SEC. 301. (a) [72 Stat. 432, 42 U.S.C. 2472 note] The National * Advisory Committee for Aeronautics, on the effective date of this. section, shall cease to exist. On such date all functions, powers,. duties, and obligations, and all real nnd personal property, personnel (other than members of the Committee), funds, and record8 of that organization, shall be transferred to the Administration. (b) [72 Stat. 432 10 U.S.C. 2302,2303(a) (5)] Section 2302 of title 10 of the United ~tates Code is amended by striking out "or the Executive Secretary of the National Advisory Committee for Aero- nautics." and inserting in lieu thereof "or the Administrator of the National Aeronautics and Space Administration."; and section 2303 of such title 10 is amended by striking out "The National Advisory Committee for Aeronautics." and inserting in lieu thereof "The National Aeronautics and Space Administration." (c) [72 Stat. 432, 5 U.S.C. 22-1] The first section of the Act of August 26, 1950 (5 U.S.C. 22-1), is amended by striking out "the Director, National Advisory Committee for Aeronautics" and insert- ing in lieu thereof "the Administrator of the National Aeronautics and Space Administration", and by striking out "or National Ad- visory Committee for Aeronautics" and inserting in lieu thereof "or National Aeronautics and Space Administration". (d) [72 Stat. 433, 50 U.S.C. S11-~513, 515] The Unitary Wind Tunnel Plan Act of 1949 (50 U.S.C. 511-515) is amended (1) by striking out "The National Advisory Committee for Aeronautics. (hereinafter referred to as the ~Committee')" and inserting in lieu thereof "The Administrator of the National Aeronautics and Space Administration (hereinafter referred to as the `Administrator')"; (2) bystriking out "Committee" or "Committee's" wherever they appear and inserting in lieu thereof "Administrator" and "Adminisirator's", respectively; and (3) by striking out "its" wherever it appear ~nd inserting in lieu thereof "his". (e) [72 Stat. 433, 10 U.S.C. 2302 note] This section shall take effect ninety days after the date of the enactment of this Act, or on any earlier date on which the Administrator shall determine, and announce by proclamation published in the Federal Register, that the Administration has been organized and is prepared to discharge the duties and. exercise the powers conferred upon it by this Act. TRANSFER OF RELATED FUNCTIONS Sec. 302. [72 Stat. 433, 42 U.S.C. 2453] (a) Subject to the pro- visions of this section, the President for a period of four years after PAGENO="1301" AIR LAWS AN~D TREATIES OF THE WORLD 1295 the date of enactment of this Act, may transfer to the Administration any functions (including powers, duties, activities, facilities, and parts of functions) of any other department or a.gency of the United States, or of any officer or organizational entity thereof, which relate primarily to the functions, powers, and duties of the Administration as prescribed by section 203 of this Act. In connection with any such transfer, the President may, under this section or other ap- plicable authority, provide for appropriate transfers of records, property, civilian personnel, and funds. (b) Whenever any such transfer is made before January 1, 1959, the President shall transmit to the Speaker of the House of Repre- sentatives and the President pro tempore of the Senate a full and complete report conôerning the nature and effect of such transfer. (c) After December 31, 1958, no transfer shall be made under this section until (1) a full and complete report concerning the nature and effect of such proposed transfer has been transmitted by the President to the Congress, and (2) the first period of sixty calendar days of regular session of the Congress following the date of receipt of such report by the Congress has expired without the adoption by the Con- gress of a concurrent resolution stating that the Congress does not favor such transfer. ACCESS TO INFORMATION SEC. 303. [72 Stat. 453, 42 U.S.C. 2454] Information obtained or developed by the Administrator in the performance of his functions under this Act shall be made available for public inspection, except (A) information authorized or required by Federal statute to be withheld, and (B) information classified to protect the national security: Provided, That nothing in this Act shall authorize the withholding of information by the Administrator from the duly authorized committees of the Congress. SECURITY SEC. 304. (a) [72 Stat. 483, 42 U.S.C. 2455] The Administrator shall establish such security requirements, restrictions, and safeguards as he deems necessary in the interest of the national security. The Administrator may arrange with the Civil Service Commission for the conduct of such security or other personnel investigations of the Administration's officers, employees, and consultants, and its contrac- tors and subcontractors and their officers and employees, actual or prospective, as he deems appropriate; and if any such investigation develops any data reflecting that the individual who is the subject thereof is of questionable loyalty the matter shall be referred to the Federal Bureau of Investigation for the conduct of a full field inves- tigation, the results of which shall be furnished to the Administrator. (b) [72 Stat. 433,42 U.S.C. 2455] The Atomic Energy Commission may authorize any of its employees, or employees of any contractor, prospective contractor, licensee, or prospective licensee of the Atomic Energy Commission or any other person authorized to have access to Restricted Data by the Atomic Energy Commission under subsection 145b of the Atomic Energy Act of 1954 (42 U.S.C. 2165(b)), to per- mit any member, officer, or employee of the Council, or the Adminis- PAGENO="1302" 1296 A~ LAWS AND TREATIES OF THE WORLD trator, or any officer, employee, member of an advisory committee, contractor, subcontractor, or officer or employee of a contractor or sub- contractor of the Administration, to have access to Restricted Data relating to aeronautical and space activities which is required in the performance of his duties and so certified by the Council or the Ad- ministrator, as the case may be, but only if (1) the Council or Admin- istrator or designee thereof has determined, in accordance with the established personnel security procedures and standards of the Coun- cil or Administration, that permitting such individual to have access to such Restricted Data will not endanger the common defense and security, and (2) the Council or Administrator or designee thereof finds that the established personnel and other security procedures and standards of the Council or Administration are adequate and in rea- sonable conforinit~y to the standards established by the Atomic Energy Commission under section 145 of the Atomic Energy Act of 1954 (42 U.S.C. 2165). Any individual granted access to such Restricted Data pursuant to this subsection may exchange such Data with any individ- ual who (A) is an officer or employee of the Department of Defense, or any department or agency thereof, or a member of the armed forces, or a contractor or subcontractor of any such department, agency, or armed force, or an officer or employee of any such contractor or sub- contractor, and (B) has been authorized to have access to Restricted Data under the provisions of section 143 of the Atomic Energy Act of 1954 (42 U.S.C. 2163). (c) Chapter 37 of title 18 of the United States Code (entitled Espionage and Censorship) is amended by- (1) [72 Stat. 434, 18 U.S.C. 799] adding at the end thereof the following new section: "~ 799. Violation of regulations of National Aeronautics and Space Administration "Whoever willfully shall violate, attempt to violate, or conspire to violate any regulation or order promulgated by the Administrator of the National Aeronautics and Space Administration for the protection or security of any laboratory, station, base or other facility, or part thereof, or any aircraft, missile, spacecraft, or similar vehicle, or part thereof, or other property or equipment in the custody of the Admin- istration, or any real or personal property or equipment in the custody of any contractor under any contract with the Administration or any subcontractor of any such contractor, shall be fined not more than $5,000, or imprisoned not more than one year, or both." (2) [72 Stat. 434, 18 U.S.C. prec. § 791] adding at the end of the sectional analysis thereof the following new item: "799. Violation of regulations of National Aeronautics and Space Administration." (d) [72 Stat. 434, 18 U.S.C. 1114] Section 1114 of title 18 of the United States Code is a.mended by inserting immediately before "while engaged in the performance of his official duties" the following: "or any officer or employee of the National Aeronautics and Space Ad- ministration direct.ed to guard and protect property of the United' States under the administration and control of the National Aero- nautics and Space Administration,". (e) [72 Stat. 455, 42 U.S.C. 2456] The Administrator may direct such of the officers and employees of the Administration as he deems PAGENO="1303" AIR LAWS AND TREATIES OF THE WORLD 1297 necessary in the public interest to carry firearms while in the conduct of their official duties. The Administrator may also authorize such of those employees of the contractors and subcontractors of the Ad- ministration engaged in the protection of property owned by the Tjnited States and located at facilities owned by or contracted to the United States as he deems necessary in the public interest, to carry firearms while, in the conduct of their official duties. PROPERTY RIGHTS IN INVENTIONS SEC. 305. [72 AStat. 43.5, 42 U.S.C. 2457] (a) Whenever any invention is made in the performance of any work under any contract of the Administration, and the Administrator determines that- (1) the person who made the invention was employed or as- signed to perform research, development, or exploration work and the invention is related to the work he was employed or as- signed to perform, or that it was within the scope of his employ- ment duties, whether or not it was made during working hours, or with a contribution by the Government of the use of Govern- ment facilities, equipment, materials, allocated funds, informa- tion proprietary to the Government, or services of Government employees during working hours; or (2) the person who made the invention was not employed or assigned to perform research, development, or exploration work, but the invention is nevertheless related to the contract, or to the work or duties he was employed or assigned to perform, and was made during working hours, or with a contribution from the Government of the sort referred to in clause (1), such invention shall be the exclusive property of the United States, and if such invention is patentable a patent therefor shall be issued to the United States upon application made by the Administrator, unless the Administrator waives all or any part of the rights of the United States to such invention in conformity with the provisions of subsection (f) of this section. (b) Each contract entered into by the Administrator with any party for the performance of any work shall contain effective provi- sions under which such party shall furnish promptly to the Admin- istrator a written report containing full and complete technical information concerning any invention, discovery, improvement, or innovation which may be made in the performance of any such work. (c) No patent may be issued to any applicant other than the Ad- ministrator for any invention which appears to the Commissioner of Patents to have significant utility in the conduct of aeronautical and space activities unless the applicant files with the Commissioner, with the application or within thirty days after request therefor by the Commissioner, a written statement executed under oath setting forth the full facts concerning the circumstances under which such iiivemm- tion was made and stating the relationship (if any) of such invention to the performance of any work under any contract of the Adminis- tration. Copies of each such statement and the application to which it relates shall be transmitted forthwith by the Commissioner to the Administrator. (d) Upon any application as to which any such statement has been transmitted to the Administrator, the Commissioner may, if the in- PAGENO="1304" 1298 AIR LAWS AND TREATIES OF THE WORLD vention is patentable, issue a patent to the applicant unless the Ad- ministrator, within ninety days after receipt of such application and statement, requests that such patent be issued to him on behalf of the United States. If, within such time, the Administrator files such a request with the Commissioner, the Commissioner shall transmit notice thereof to the applicant, and shall issue such patent to the Ad- ministrator unless the applicant within thirty days after receipt of such notice requests a hearing before a Board of Patent Interferences on the question whether the Administrator is entitled under this sec- tion to receive such patent. T14e Board may hear and determine, in accordance with rules and procedures established for interference cases, the question so presented, and its determination shall be subject to appeal by the applicant or by the Administrator to the Court of Customs and Patent Appeals in accordance with procedures gov- erning appeals from decisions of the Board of Patent Interferences in other proceedings. (e) Whenever any patent has been issued to any applicant in con- formity with subsection (d), and the Administrator thereafter has reason to believe that the statement filed by the applicant in connec- tion therewith contained any false representation of any material fact, the Administrator within five years after the date of issuance of such patent may file with the Commissioner a request for the transfer to the Administrator of title to such patent on the records of the Com- missioner. Notice of any such request shall be transmitted by the Commissioner to the owner of record of such patent, and title to such patent shall be so transferred to the Administrator unless within thirty days after receipt of such notice such owner of record requests a hearing before a Board of Patent Interferences on the question whether any such false representation was contained in such state- ment. Such question shall be heard and determined, and determina- tion thereof shall be subject to review, in the manner prescribed by subsection (d) for questions arising thereunder. No request made by the Administrator under this subsection for the transfer of title to any patent, and no prosecution for the violation of any criminal statute, shall be barred by any failure of the Administrator to make a request under subsection (d) for the issuance of such patent to him, or by any notice previously given by the Administrator stating that he had no objection to the issuance of such patent to the applicant theref or. (f) Under such regulations in conformity with this subsection as the Administrator shall prescribe, he may waive all or any part of the rights of the United States under this section with respect to any invention or class of inventions made or which may be made by any person or class of persons in the performance of any work required by any contract of the Administration if the Administrator determines that. the interests of the United States will be served thereby. Any such waiver may be made upon such terms and under such conditions as the Administrator shall determine to be required for the protection of the interests of the United States. Each such waiver made with respect to any invention shall `be subject to the reservation by the Administrator of an irrevocable, nonexclusive, nontransferrable, royalty-free license for the practice of such invention throughout the world by or on behalf of the United States or any foreign government PAGENO="1305" AIR LAWS AND TREATIES OF THE WORLD 1299 pursuant to any treaty or agreement with the United States. Each proposal for any waiver under this subsection shall be referred to an Inventions and Contributions Board which shall be established by the Admrnistrator within the Administration. Such Board shall accord to each interested party an opportunity for hearing, and shall transmit to the Administrator its findings of fact with respect to such proposal and its recommendations for action to be taken with respect thereto. (g) The Administrator shall determine, and promulgate regula- tions specifying, the terms and conditions upon which licenses will be granted by the Administration for the practice by any person (other than an agency of the United States) of any invention for which the Administrator holds a patent on behalf of the United States. (h) The Administrator is authorized to take all suitable and neces- sary steps to protect any invention or discovery to which he has title, and to require that contractors or persons who retain title to inventions or discoveries under this section protect the inventions or discoveries to which the Administration has or may acquire a license of use. (i) The Administration shall be considered a defense agency of the United States for the purpose of chapter 17 of title 35 of the United States Code. (j) As used in this section- (1) the term "person" means any individual, partnership, cor- poration, association, institution, or other entity; (2) the term "contract" means any actual or proposed contract, agreement, understanding, or other arrangement, and includes any assignment, substitution of parties, or subcontract executed or entered into thereunder; and (3) the term "made", when used in relation to any invention, means the conception or first actual reduction to practice of such invention. CONTRIBUTIONS AWARDS SEc. 306. [72 Stat. 437,42 U.S.C. 2458] (a) Subject to the provisions of this section, the Administrator is authorized, upon his own initiative or upon the applications of any person, to make a monetary award, in such amount and upon such terms as he shall determine to be war- ranted, to any person (as defined by section 305) for any scientific or technical contribution to the Administration which is determined by the Administrator to have significant value in the conduct of aeronau- tical and space activities. Each application made for any such award shall be referred to the Inventions and Contributions Board estab- lished under section 305 of this Act. Such Board shall accord to each such applicant an opportunity for hearing upon such application, and shall transmit to the Administrator its recommendation as to the terms of the award, if any, to be made to such applicant for such contribu- tions. In determining the terms and conditions of any award the Administrator shall take into account- (1) the value of the contribution to the United States; (2) the aggregate amount of any sums which have been ex- pended by the applicant for the development of such contribution; (3) the amount of any compensation (other than salary re- ceived for services rendered as an officer or employee of the Gov- PAGENO="1306" 1300 AIR LAWS AND TREATIES OF THE WORLD ernment) previously received by the applicant for or on account of the use of such contribution by the United States; and (4) such other factors as the Administrator shall determine to be material. (b) If more than one applicant under subsection (a) claims an in- terest in the same contribution, the Administrator shall ascertain and determine the respective interests of such applicants, and shall appor- tion any award to be made with respect to such contribution among such applicants in such proportions as he shall determine to be equi- table. No award may be made under subsection (a) with respect to any contribution- (1) unless the applicant surrenders, by such means as the Ad- ministrator shall determine to be effective, all claims which such applicant may have to receive any compensation (other than the award made under this section) for the use of such contribution or any element thereof at any time by or on behalf of the United States, or by or on behalf of any foreign government pursuant to any treaty or agreement with the United States, within the United States or at any other place; (2) in any amount exceeding $100,000, unless the Administra- tor has transmitted to the appropriate conmiittees of the Congress a full and complete report concerning the amount and terms of, and the basis for such proposed award, and thirty calendar days of regular session of the Congress have expired after receipt of such report by such committees. APPROPRIATIONS SE0. 307. [72 Stat. 458, 42 U.S.C. 2459] (a) There are hereby authorized to be appropriated such sums as may be necessary to carry out this Act, except that nothing in this Act shall authorize the ap- propriation of any amount for (1) the acquisition or condemnation of any real property, or (2) any other item of a capital nature (such as plant or facility acquisition, construction, or expansion) which exceeds $250,000. Sums appropriated pursuant to this subsection for the construction of faëilities, or for research and development activ- ities, shall remain available until expended. (b) Any funds appropriated for the construction of facilities may be used for emergency repairs of existing facilities when such existing facilities are made inoperative by major breakdown, accident, or other circumstances and such repairs are deemed by the Administrator to be of greater urgency than the construction of new facilities. PAGENO="1307" AIR LAWS AND TREATIES OF THE WORLD 1301 CRIMES IN FLIGHT.OVER THE HIGH SEAS [Provision in Title 18, United States Code, 62 Stat. 685 as aimended by Act of July 12, 1952,66 Stat. 589] PART 1.-CRUtES CHAPTER 1.-GENERAL PROVISIONS §7. SPECIAl4 MARITIME AND TERRITORIAL JURISDICTION OF THE UNITED STATES DEFINED The term "special maritime and territorial jurisdiction of the United States," as used in this title, includes: (1) The high seas, any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State, and any vessel belonging in whole or in part to the United States or any citizen thereof, or to any corporation created by or under the laws of the United States, or of any State, Territory, District, or possession thereof, when such vessel is within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State. (2) Any vessel registered, licensed, or enrolled under the laws of the United States, and being on a voyage upon the waters of any of the Great Lakes, or any of the waters connecting them, or upon the Saint Lawrence River where the same constitutes the Interna- tional Boundary Line. e(3) Any lands reserved or acquired for the use of the United States, and under the exclusive or concurrent jurisdiction thereof, or any place purchased or otherwise acquired by the United States by consent of the legislature of the State in which the same shall be, for the erec- tion of a fort, magazine, arsenal, dockyard, or other needful building. (4) Any island, rock, or key containing deposits of guano, which may, at the discretion of the President, be considered as appertaining to the United States. (5) Any aircraft belonging in whole or in part to the United States, or any citizen thereof, or to any corporation created by or under the laws of the United States, or any State, Territory, district, or posses- sion thereof, while such aircraft is in flight over the high seas, or over any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State. PAGENO="1308" 1302 AIR LAWS AND TREATIES OF THE WORLD WILLFUL DAMAGING OF AIRCRAFT [Act of July 14, 1956,70 Stat. 5S8] AN ACT To punish the willful damaging or destroying of aircraft or motor vehicles, and their facilities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That title 18 of the United States Code is amended by inserting immediately after section 14 thereof the following new chapter: CHAFrER 2.-Amcm~.pr AND MOTOR VEHICLES SEC. 31. Definitions. 32. Destruction of aircraft or aircraft facilities. 33. Destruction of motor vehicles or motor vehicle facilities. 34. Penalty when death results. 35. Imparting or conveying false information. § 31. Definitions When used in this chapter the term- "Aircraft engine", "air navigation facility", "appliance", "civil air- craft", "foreign air commerce~, "interstate air commerce", "landing area", "overseas air commerce", "propeller", and "spare part" shall have the meaning ascribed to those terms in the Civil Aeronautics Act of 1938, as amended. "Motor vehicle" means every description of carriage or other con- trivance propelled or drawn by mechanical power and used for com- mercial purposes on the highways in the transportation of passengers, or passengers and property; "Destructive substance" means any explosive substance, flammable material, infernal machine, or other chemical, mechanical, or radio- active device or matter of a combustible, contaminative, corrosive, or explosive nature; and "Used for commercial purposes" means the carriage of persons or property for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other under- taking intended for profit. § 32. Destruction of aircraft or aircraft facilities Whoever willfully sets fire to, damages, destroys, disables, or wrecks any civil aircraft used, operated, or employed in interstate, overseas, or foreign air commerce; or PAGENO="1309" AIR LAWS AND TREATIES OF THE WORLD 1303 Whoever willfully sets fire to, damages, destroys, disables, or wrecks any aircraft engine, propeller, appliance, or spare part with intent to damage, destroy, disable, or wreck any such aircraft; or Whoever, with like intent, willfully places or causes to be placed any destructive substance in, upon, or in proximity to any such air- craft, or any aircraft engine, propeller, appliance, spare part, fuel, lubricant, hydraulic fluid, or other material used or intended to be used in connection with the operation of any such aircraft, or any cargo carried or intended to be carried on any such aircraft, or other- wise makes or causes to be made any such aircraft, aircraft engine, propeller, appliance, spare part, fuel, lubricant, hydraulic fluid, or other material unworkable or unusable or hazardous to work or use; or Whoever, with like intent, willfully sets fire to, damages, destroys, disables, or wrecks, or places or causes to be placed any destructive substance in, upon, or in proximity to any shop, supply, structure, station, depot, terminal, hangar, ramp, landing area, air-navigation facility or other facility, warehouse, property, machine, or apparatus used or intended to be used in connection with the operation, loading, or unloading of any such aircraft or making any such aircraft ready for flight, or otherwise makes or causes to be made any such shop, supply, structure, station, depot, terminal, hangar, ramp, landmg area, air-navigation facility or other facility, warehouse, property, machine, or apparatus unworkable or unusable or hazardous to work or use; or Whoever, with like intent, willfully incapacitates any member of the crew of any such aircraft; or Whoever willfully attempts to do any of the aforesaid acts or things- shall be fined not more than $10,000 or imprisoned not more than twenty years, or both. § 33. Destruction of motor vehicles or motor vehicle facilities Whoever willfully, with intent to endanger the safety of any person on board or anyone who he believes will board the same, or with a reckless disregard for the safety of human life, damages, disables, destroys, tampers with, or places or causes to be placed any explosive or other destructive substance in, upon, or in proximity to, any motor vehicle which is used, operated, or employed in interstate or foreign commerce, or its cargo .or material used or intended to be used m connection with its operation; or Whoever willfully, with like intent, damages, disables, destroys, sets fire to, tampers with, or places or causes to be placed any explosive or other destructive substance in, upon, or in ~proximity to any garage, terminal, structure, supply, or facility used m the operation of, or in support of the operation of, motor vehicles engaged in interstate or foreign commerce or otherwise makes or causes such property to be made unworkable, unusable, or hazardous to work or use; or Whoever, with like intent, willfully disables or incapacitates any driver or person employed in connection with the operation or main- tenance of the motor vehicle, or in any way lessens the ability of such person to perform his duties as such; or Whoever willfully attempts to do any of the aforesaid acts- shall be fined not more than $10,000 or imprisoned not more than twenty years, or both. PAGENO="1310" 1304 AIR LAWS AND TREATIES OF THE WORLD § 84. Penalty when death results Whoever is convicted of any crime prohibited by this chapter, which has resulted in the death of any person, shall be subject also to the death penalty or to imprisonment for life, if the jury shall in its discretion so direct, or, in the case of a plea of guilty, or a plea of not guilty where the defendant has waived a trial by jury, if the court in its discretion shall so order. § 85. Imparting or conveying false information Whoever willfully imparts or conveys or causes to be imparted or conveyed false information, knowing the information to be false, con- cerning an attempt or alleged attempt being made or to be made, to do any act which would be a crime prohibited by this chapter or chapter 97 or chapter 111 of this title- shall be fined not more than $1,000, or imprisoned not more than one year, or both. SEC. 2. The part analysis preceding chapter 1 of title 18, United States Code, is amended by inserting between chapters 1 and 3 the following item: 2. Aircraft and motor vehicles 31 PAGENO="1311" U.S.S.R. PRELIMINARY According to the latest available information,1 a new codification of U.S.S.R. air law is under discussion. Many sections of the U.S.S.R. Air Code of 1935 are obsolete and, although not expressly repealed, have been replaced by departmental regulations and direc- tives. This is true particularly with respect to the contract of car- riage by air of passengers, luggage and cargo. AIR CODE OF THE U.S.S.R. or AtTGnST 7, 1935 2 No. 14/1713 CHAPTER I-GENERAL PRINCIPLES Sec. 1. The U.S.S.R. shall have complete and exclusive sovereignty over the airspace of the U.S.S.R. The airspace of the U.S.S.R. shall be deemed to be the airspace above the land and water territory of the U.S.S.R. and above such area of the coastal waters as determined by the laws of the U.S.S.R. Sec. 2. The Air Code of the U.S.S.R. shall be in force within the boundaries of the land and water territory of the U.S.S.R., in the area of the coastal waters as determined by the laws of the U.S.S.R., and in the airspace of the U.S.S.R. Sec. 3. The effect of the following sections of this Code shall ex- tend to all kinds of aviation and aeronautics, with the exception of the air fleet included in the Armed Forces. Sec. 4. The civil air fleet of the U.S.S.R. shall be used for the fol- lowing purposes: a) air transportation (carriage by air of passengers, luggage, cargo and mail); b) rendering service to agriculture and forestry, as well as other branches of the national economy of the U.S.S.R. (sowing from aircraft, fight of plant pests, aerial forest survey, air war- den service, rendering service to fishery, game and trapping, etc.); c) scientific research work; d) geodesy and cartography (air photography); e) medical and sanitary service (first medical aid, malaria fight, etc.); f) cultural and educational, as well as sport purposes (service for economic and political campaigns, aeroclubs and the like). Sec. 5. The planning of the entire civil aviation and civil aeronau- tics, with the exception of those under the jurisdiction of the Main 1 M. Anilants, Kodifikatsiia sovetsicogo vozdushnogo prava (The Codification of Soviet Air Law). Sotsialisticheskaia Zakonnost' (Socialist Legality), No. 10, 1959, PP. 46-49. This legal periodical Is the official publication of the Federal Attorney General of the U.S.S.R. 2 PublIshed In 1LS.S.R. Laws 1935, No. 43, Text 359b). 1305 PAGENO="1312" 1306 AIR LAWS AND TREATIES OF THE WORLD Administration of the Northern Sea Route, shall be carried out by the Main Administration for Civil Aviation attached to the Council of People's Commissars of the TJ.S.S.R., on the basis of the statute concerning the latter. The Main Administration for Civil Aviation (Glavnoe TJpravlenie Grazhdanskogo Vozdushnogo Flota) shall supervise the entire civil aviation and civil aeronautics, independently of the jurisdiction to which they are subject, and shall, in implementation of this Code, issue rifles regulating civil aviation and civil aeronautics, this shall apply to all offices, enterprises, organizations and citizens. Sec. 6. The civil air fleet of the U.S.S.R. shall be assigned a uniform flag in accordance with the description and picture appended hereto (see Appendix). CHAPTER Il-CIVIL AIRCRAFT Sec. 7. All flying devices (both lighter and heavier than air) de- signed for air traffic, with the exception of flying devices of the Armed Forces shall be considered civil aircraft. Sec. 8. The basic agency in which the full authority over the civil air fleet owned by the U.S.S.R. is concentrated shall be the Main Administration for Civil Aviation attached to the Council of People's Commissars ~ of the U.S.S.R. For the purpose of the development of the Arctic and the districts of the Far North a separate civil air fleet shall be detached under the authority of the Northern Sea Route attached to the Council of People's Commissars of the U.S.S.R. By permission of the U.S.S.R. government or of the Main Adminis- tration for Civil Aviation, other government agencies, co-operative and other organizations may have civil aircraft under their authority for the purpose of carrying out their tasks. Individual citizens may possess civil aircraft for their own use by permission of the Main Administration for Civil Aviation. Sec. 9. The Main Administration for Civil Aviation shall keep a register of civil aircraft of the U.S.S.R. All civil aircraft present in the U.S.S.R. and belonging to government agencies, co-operative and other organizations, and individual citizens, must be entered in the register. Upon entering of the aircraft in the register of civil aircraft, the Main Administration for Civil Aviation shall issue a registration certfieate. In application of a pertinent treaty civil aircraft entered in the register of another State and making regular international flights in the airspace of the U.S.S.R. may, by way of exception, be exempted from being entered in the register of the U.S.S.R. Civil aircraft entered in the register of some other State and mak- ing only occasional international flights in the airspace of the U.S.S.R., shall not be entered in the register of the U.S.S.R. Sec. 10. Whenever a civil aircraft, previously registered in a regis- ter of aircraft of some other foreign State, is registered in the U.S.S.R. register, the entry in the former shall not be recognized by the U.S.S.R. `Since i946 Council of Ministers. Since 1946 C~unci1 of Ministers. ~ Mom. PAGENO="1313" AIR LAWS AND TREATIES OF THE WORLD 1307 Likewise, the U.S.S.R. shall not recognize registration of a U.S.S.R. civil aircraft in the aircraft register of a foreign State, unless the entry of this aircraft has been cancelled earlier, in an established procedure, from the U.S.S.R. register. Sec. 11. Any appropriate restriction on the right to use civil air- craft registered in the U.S.S.R. register, such as using of aircraft for a particular service, temporary or permanent requisitioning of the aircraft, or other measure called for by special circumstances, shall be permitted by resolution of the U.S.S.R. Council of People's Commissars.6 Sec. 1~. Every civil aircraft shall be assigned, on registration in the U.S.S.R. register, a distinctive wing marking to appear on the aircraft. Civil aircraft intended for medical and sanitary service and falling under the provisions of the respective international conventions must also have the picture of the Red Cross or the Red Crescent in addition to the general wing marking. Such aircraft must be painted white. The rules concerning wing markings shall be established by the Main Administration for Civil Aviation. In addition to the wing marking the aircraft may~ with the ap- proval of the Head of the Main Administration for Civil Aviation, have assigned a distinctive name, which shall appear on the aircraft and shall be entered in the register. Sec. 13. Each civil aircraft having a radio transmitter shall be assigned a special radio call signal by the Main Administration for Civil Aviation (and an aircraft of the Main Administration of the North Sea Route, by this administration), in agreement with the People's Commissariat7 for Communications. Regulations concerning the installation of radio transmitters shall be issued by the Main Administration for Civil Aviation or the Main Administration of the North Sea Route, in agreement with the Peo- ple's Commissariat8 for Communications. Sec. 14. Any civil aircraft shall be cleared for air traffic only after an examination of its airworthiness has been made. In case of subsequent alterations of the construction, an aircraft which has passed the examination must undergo a new examination. The examinations shall follow a procedure to be established by the Main Administration for Civil Aviation. On the results of the examination a record shall be made and sub- mitted to the Main Administration for Civil Aviation. On the basis of the record concernin~ the airworthiness of the aircraft the Main Administration for Civil Aviation shall issue the respective certificate. Sec. 15. In addition to the certificate of registration (Sec. 9) and the certificate of airworthiness (Sec. 14) every civil aircraft cleared for air traffic, must have the following aircraft documents: a) the aircraft book, b) the engine book, and c) the board journal. o Since 1946 Council of Ministers. ~ Since 1946 Ministry of Communications. 8 Idem. 67717 O-61------83 PAGENO="1314" 1308 AIR LAWS AND TREATIES OF THE WORLD The forms of the aircraft documents and the rules on making en- tries in them shall be established by the Main Administration for Civil Aviation. Sec. 16. The Main Administration for Civil Aviation shall have the right to make exceptions from the provisions of Sections 9, 14 and 15, for free balloons (aerost.ats), sport gliders and other civil aircraft exclusively destined for experimental, sport or training flights. CHAPTER Ill-OPERATING PERSONNEL OF CIVIL AIRCRAfl~ Sec. 17. The operating personnel of a civil aircraft shall consist of the commanding officer and the crew. A crew shall be appointed for any aicraft which requires, during the flight., service by special per- sonnel in addition to the commanding officer. Rules concerning the composition of the operating personnel of dif- ferent types of aircraft. shall be established by the Main Administra- tion for Civil Aviation. Sec. 18. The operating personnel of a civil aircraft entered on t.he register of the U.S.S.R.. shall consist of U.S.S.R. citizens only. The Main Administration for Civil Aviation shall have the right to make exceptions to this rule in individual cases. Sec. 19. The Main Administration for Civil Aviation shall estab- lish the scope of t.he general and special training and the conditions of physical fitness for the operating personnel of civil aircraft. Persons belonging to the flight, service of the operating personnel shall be divided into respective grades according to specialty and qualifications. The qualifications of persons belonging to the flight service of the operating personnel shall be examined every year by special commis- sions appointed by the Head of the Main Administration for Civil Aviation and the Head of the Main Administration of the North Sea Route (each within their respective jurisdiction). The procedure for the work of the qualifying commissions shall be established by the Heads of the Main Administrations concerned. Sec. t?O. All persons of the flight service of the operating personnel must have the required certificate issued by the Main Administration for Civil Aviation. The certificate shall be issued for a period of one year. The certificate shall indicate which type of civil aircraft the particular member of the operating personnel has been permitted to operate, pilot, or service. Members of the flight service of the operating personnel must have these certificates on their persons while fulfilling their official duties and they must show them at the request. of persons upon whom such authority has been conferred by the Main Administration for Civil Aviation or the Main Administration of the North Sea Route (ac- cording to their jurisdictions) or to other government officials. Sec. 21. The commanding officer of a civil aircraft must be a person having the title of pilot. The Head of the Main Administration for Civil Aviation or the Head of t.he Main Administration of the North Sea Route, each within his own jurisdiction, may, in individual cases, appoint as the commanding officer of large passenger capacity aircraft a person not having the title of pilot. PAGENO="1315" AIR LAWS AND TREATIES OF THE WORLD 1309 Piloting of aircraft shall in. all cases be entrusted to persons having the title of pilot. The crew of an aircraft shall consist of menioers of the flight service (a pilot, other than the one in command of the aircraft, the flight mechanic, navigator, air radio operator and others) and other serv- icing personnel. Sec. 22. The commanding officer of a civil aircraft shall bear full responsibility for the condition of the aircraft and its crew, the prepa- ration of each flight in accordance with Section 45, and its execution. Sec. 23. All persons on board the aircraft, without exception, shall obey and carry out all the orders of the commanding officer of a civil aircraft. Persons whose actions threaten the safety of the flight, or who dis- obey the instructions of the commanding officer, shall be prosecuted. During the flight, the commanding officer of an aircraft shall have the right to use all necessary measures against persons who disobey his instructions and who, by their action, threaten the safety of the flight. Sec. 24. Should the civil aircraft be in danger, the commanding officer and all members of the flight service of the operating personnel of the aircraft shall have the duty to use all means to rescue the passengers and the operating personnel, and furthermore the com- manding officer shall be the last to leave the aircraft. In case of a crash, forced emergency landing and the like, the com- manding officer of the civil aircraft shall, in observance of the inter- ests of the organization managing the aircraft, as well as of those of the owners of the cargo, conclude in their name all agreements and take all measures necessary under the circumstances, and he shall be responsible to them for the correctness of his action. Sec. 25. The commanding officer of a civil aircraft who intercepts a call from an aircraft or sea vessel in distress, or who encounters an aircraft or vessel in distress, shall have the duty to go to its assistance as far as is possible without subjecting the aircraft under his charge and the persons on it to danger. Sec. 26. In case of military actions directed against the TJ.S.S.R. from any quarter whatsoever, it shall be the duty of the commanding officer of a civil aircraft to use every, means possible to escape the seizure of the aircraft and of the persons, documents and cargo on board. CHAPTER IV-LABOR CONDITIONS AND RESPONSIBILITY OF CIVIL AIR FLEET WORKERS Sec. 27. The Code on Service in the U.S.S.R. Civil Air Fleet, ap- proved by the U.S.S.R. Council of People's Commissars,9 shall deter- mine the order of performance of duties by workers of the civil air fleet under whatever jurisdiction, including disciplinary responsibility and awards. Sec. 28. Labor conditions for the workers of the civil air fleet shall be determined by the general labor laws subject to the exceptions established by this Code and the Code on Service in the U.S.S.R. Air Fleet (Sec. 27). Since 1946 the Council of Ministers. PAGENO="1316" 1310 AIR LAWS AND TREATIES OF THE WORLD Sec. ~9. Members of the flight service of the civil air fleet and per- sons whose duty is to test civil aircraft in the air or to conduct sys- tematic inspection flights in the case of loss of capacity to work in connection with an official flight, and the families of the above- mentioned persons who died in connection with an official flight, shall be entitled to social insurance according to higher rates pertaining to disability pensions and pensions in case of the loss of the breadwinner. The higher rates of these pensions shall be established by the Federal Central Council of Trade Unions. In addition, the above-mentioned persons or their families shall be given a lump sum allowance in the amount of two months' average earnings by the office where they were employed. Sec. SO. In accordance with a special law, persons belonging to the flight service of a civil aircraft shall be provided for by social insur- ance with a long-service bonus. Sec. 31. Persons belonging to the commanding force of the civil air fleets and students of air flight schools shall be subject to the Statute on Military Crimes. Persons belonging to the commanding force of the civil air fleet and students of air flight schools shall be subject to the jurisdiction of military courts in cases involving military crimes, as well as in cases of crimes against the State, crimes committed in office or crimes against property which are under the jurisdiction of a court martial with respect to persons in military service. OHAPTER V-OROtTND EQ1JIPMENT FOR FLIOHT Sec. 33. The construction of ground equipment (airports, air- dromes, hydro-airports, hydro-airdromes, dirigible balloon ports, mooring line points, radio stations and lighthouses, glider stations, ground identification marks) for flights of civil aircraft shall be allowed only with prior permission by the Main Administration for Civil Aviation or the Main Administration of the North Sea Route (depending on the jurisdiction) or their local agencies. The establishment of temporary takeoff and landing strips for special purposes (sowing from aircraft, aerial photography, fight of plant pests, cultural and educational or sport purposes etc.) shall be allowed without advance permission by the Main Administration for Civil Aviation or the Main Administration of the North Sea Route, but with mandatory registration by their local agencies. The ground equipment for flights shall meet the requirements estab- lished by the Main Administration for Civil Aviation in conformity with the purpose of the equipment. The Main Administration for Civil Aviation shall effect the regis- tration of airports, airdromes, hydro-airdromes, hydro-airports, ports for free balloons, radio stations and lighthouses, and mooring line points, and shall issue certificates concerning their suitability for exploitation, and establish rules concerning ground identification marks. Sec. 33. Tracts of land and water areas for the establishment of ground equipment for flights, and also for the satisfaction of other needs of civil aviation shall be assigned for an unlimited or limited period of time in a procedure established by the laws of the U.S.S.R. and the constituent republics. PAGENO="1317" AIR LAWS AND TREATIES OF THE WORLD 1311 Where airlines conduct research approved by the government of the U.S.S.R., the Main Administration for Civil Aviation shall have the right to restrict, for a term of up to one year, the users of the land in the right to erect buildings, structures and to plant trees in areas earmarked for the construction of ground equipment for flights. Sec. 34. It shall be prohibited to erect structures of any kind (build- ings, masts, etc.) the height of which plus 10 meters exceeds 1/25 of the distance from the given structure to the limits of the air strip of the airdrome, the water area of the hydro-airdrome, the port for free balloons, the mooring linepoint or the glider station, taking into ac- count the difference in height above sea level, within a strip 2½ kilo- meter wide bordering on the airdrome and directly adjacent to the limits of airdromes, hydro-airdromes and free balloon ports, as well as within a one kilometer wide strip adjacent to the limits of reserve air- dromes and hydro-airdromes, glider stations, and to mooring line points. It shall be prohibited to install on such strip of land aerial electrical wires with the exception of cases where these wires are adjacent to higher structures or natural obstacles easily discernible from the air. The installation of aerial high tension electric wires in the four- kilometer wide strip from the limits of airdromes2 hydro-airdromes and free balloon ports, and in the two-kilometer wide strip from the limits of reserve airdromes and hydro-airdromes, glider stations and mooring line points may be made only with advance consent of the Main Administration for Civil Aviation or the Main Administration of the North Sea Route (depending on jurisdiction) or of their local agencies. In a ease where a high voltage aerial electric transmission line leads to an airdrome, hydro-airdrome or free balloon port in the direction to its center, and where this direction is preserved for a distance of not less than four kilometers from its limit, the installation of the high voltage line shall be permitted up to a point at a distance of one kilo- meter from this limit. Exceptions from the rules of this section shall be allowed only with the permission of the Main Administration for Civil Aviation or the Main Administration of the North Se1t~ Route (depending on jurisdic- tion) or their local agencies. Rules concerning the installation of wires in the zone bordering the airdrome shall be established by the Main Administration for Civil Aviation in agreement with the interested departments. Sec. 35. On the request of the Main Administration for Civil Avia- tion or the Main Administration of the North Sea Route (depending on jurisdiction), and in accordance with the provisions established by the Main Administration for Civilian Aviation, the city and urban settlement Soviets must place inscriptions indicating the name of the city or settlement in locations best visible from the air (mountains or structures of any kind). Sec. 36. Proprietors of high buildings or structures (radio masts, factory chimneys, houses, etc.) located within the ten-kilometer zone on both sides of the airline routes, shall have the duty, on the req~uest of the Main Administration for Civil Aviation or the Main Adminis- tration of the North Sea Route (depending on the jurisdiction) or their local agencies, to place on these buildings and structures, at their own expense, new night and day marking signs, in accordance with PAGENO="1318" 1312 AIR LAWS AND TREATIES OF THE WORLD the rules established by the Main Administration for Civil Aviation. The construction of signs similar to those used in the civil air fleet shall be prohibited within the limits of the above-mentioned zone. Sec. 37. Airports, hydro-airports, airdromes and hydro-airdromes, free balloon ports and mooring line points which are within the civil airlines shall be open for the use of any aircraft. Fees shall be levied for their use according to tariffs established by the Main Adminis- tration for Civil Aviation. Other~ airports, hydro-airports, airdromes, hydro-airdromes, ports for free balloons and mooring line points assigned for special pur- poses as well as glider stations, may be used by aircraft that are not directly served by them only in accordance with a procedure and under conditions established by the Main Administration for Civil Aviation by agreement with the interested departments. Sanitary civil aircraft shall have the right to use all airdromes, hydro-airdromes, airports, hydro-airports, free balloon ports and mooring line points while they perform first aid work. Sec. 38. The transferring of aviation ground equipment to other offices, enterprises or organizations, as well as its removal or adapta- tion for other purposes shall be allowed only with the permission of the Main Administration for Civil Aviation. Sec. 39. Offices, enterprises or organizations desiring to discontinue the exploitation of aviation ground equipment shall have the duty to give timely notice thereof to the Main Administration for Civil Aviation. When an office, enterprise or organization discontinues the exploita- tion of aviation ground equipment without transferring it to another office, enterprise or organization, the ground equipment, including all inventory, shall then pass without compensation to the Main Adminis- tration for Civil Aviation. Sec. 40. The Main Administration for Civil Aviation shall have the right to establish exceptions from the effect provided for in Sec- tions 38 and 39 concerning temporary airdromes, take-off and landing fields and glider stations. Sec. 41. The Main Administration for Civil Aviation shall have the right to close down for a limited or unlimited period of time aviation ground equipment if it is operated in violation of established rules. CHAPTER 171-PLIGHTS Sec. 42. Civil aircraft, with the exception of free balloons, may make [the following] flights in the air space of the U.S.S.R.: (a) airdrome flights (for training, practice, or test purposes) in the air space over the strip bordering an airdrome and air- drome, the width of which shall be established by the Main Ad- ministration for Civil Aviation; (b) scheduled flights which follow air routes (routes of air lines) established by the Main Administration for Civil Aviation; (c) occasional flights (serving the needs of local communica- tion, economic and political campaigns, sports and the like) which either follow the air routes or are made outside the air routes of air lines but are subject to mandatory registration in advance of their air routes or the limits of the air space for flights with the PAGENO="1319" AIR LAWS AND TREATIES OF THE WORLD 1313 local agencies of the Main Administration for Civil Aviation or the local agencies of the Main Administration of the North Sea Route (depending on jurisdiction). An air route shall be deemed to be the direction of flight between two points which is fixed in advance by means of indicating a number of intermediate points between which the flight must be made along straight lines which may be deviated from to either side within the limits of 5 kilometers. In individual cases the Main Administration for Civil Aviation may give permission to depart from the rules of this Section. Sec. 43. All flights in the airspace of the U.S.S.R. by civil aircraft may be made only under strict observance of the rules established by the Main Administration for Civil Aviation for the flights of in- dividual aircraft, as well as for the flights of formations thereof (detachments, groups, air trains). Sec. 44. A civil aircraft shall be cleared for flight only if it has on board: (a) aircraft documents (Sec. 15); (b) a flight map and other air navigation documents required by the Main Administration for Civil Aviation; (c) instruments and equipment needed for the particular flight; and (d) a crew satisfying the conditions of the particular flight. The Main Administration for Civil Aviation shall establish a list of instruments and equipment required for individual categories of flights. The Main Administration for Civil Aviation shall have the right to establish exceptions from the rules of this section for flights of free balloons and sport gliders, as well as for individual categories of flights of other aircraft. Sec. 45. A flight by an aircraft may be made only after there have been made a special preliminary preparation for it and a check of the condition of the aircraft and its crew, of the aviation ground equipment at the places of takeoff and destination, as well as of the aero-hydrometeorological conditions of the flight. On each flight the commanding officer of the civil aircraft shall be responsible for the following: (a) the appropriate technical condition of the aircraft, the engines, and the instruments located on the aircraft; (b) the presence of air navigation documents (Sec. 44b) on the aircraft and for familiarity with them; (c) the presence of fuel and lubricants sufficient for the flight; (d) observance of the maximum limits of the load and the correct distribution of the load on the aircraft; and (e) the proper condition of the crew of the aircraft. The chief of an airport, hydro-airport or free balloon port shall be responsible for the following: (a) the proper condition of the airdrome, hydro-airdrome or mooring line point and the good condition of their technical equipment; (b) the correct laying out of the start; (ç) the checking of the condition of the operating personnel of the aircraft and the presence of established certificates (Sec. 20) by members of the operating personnel; PAGENO="1320" 1314 AIR LAWS AND TREATIES OF THE WORLD (d) the checking of the presence and condition of wing mark- ings and the signalling equipment of aircraft, as well as of the presence of objects necessary for passenger service and of the established aircraft documents on the aircraft (Sec. 15); (e) the presence of a summary weather forecast permitting the flight. NOTE. The rules implementing this section with respect to sport gliders and free balloons shall be established by the Main Admin- istration for Civil Aviation in agreement with the interested organi- zations. Sec. 46. Clearance of civil aircraft for flight shall be issued only by the order of the chief of the airport, hydro-airport or free balloon port. This order shall be entered in the board journal of the aircraft over the signature of the chief of the airport. The commanding officer of the aircraft, as well as persons in any other position on whose orders the flight took place, shall be respon- sible for the takeoff in the absence of an order of the chief of the port. The take-off of a civil aircraft from other landing places shall be made by the order of the commanding officer of the aircraft, who shall in this case have the full responsibility for the takeoff. Sec. 47. Flights with passengers shall be permitted only on civil aircraft operated by pilots having qualifications corresponding to the requirements established by the Main Administration for Civil Avia- tion for operating such aircraft (Sec. 19). Sec. 48. During flights over populated areas a civil aircraft must remain at an altitude assuring a safe landing with the engine shut off on an airdrome or outside an inhabited area. No testing, experimental or acrobatic flights shall be permitted over populated areas. Exceptions to this rule shall be allowed in individual cases with the permission of the Head of the Main Administration for Civil Aviation. The jettisoning of any objects whatever, particularly printed mat- ter, from civil aircraft, the taking of photographs and motion pictures, as well as the use of radio sets located on civil aircraft for the transmis- sion of any messages whatever which have no connection with the needs of the particular flight, shall be permitted only with the clear- ance of the People's Commissariat for the Interior 10 of the U.S.S.R. or its local agencies. Sec. 49. The participation in the flights of civil aircraft prior to the termination of the governmental test shall be categorically for- bidden to all persons other than those entrusted with the testing of aircraft, aviation, and air navigation motors and instruments in the air. Sec. 50. Air- and hydro-meteorological services for flights of civil aircraft shall be performed gratuitously by the Central Administra- tion of the United Hydro-Meteorological Service in a procedure established by it in agreement with the Main Administration for Civil Aviation. Sec. 51. Telegrams and interurban telephone conversations concern- ing weather conditions, takeoff, arrivals, crashes or forced emergency landings of civil aircraft while in flight shall be accepted by agencies 10 Since 1946 the Ministry of the Interior. PAGENO="1321" AIR LAWS AND TREATIES OF THE WORLD 1315 of the People's `Commissariats for Oommunication and for Trans- portationul at regular rates and shall be transmitted as follows: tele- grams and international telephone conversations on crashes-with priority over other communications; other interurban telephone con- versations-with the same priority as government [communications]. Sec. 5~. On finding itself outside the air route or the limits of air- space fixed for the flight (Sec. 42~) a civil aircraft must correct its course of flight as soon as it becomes aware of the fact. If the aircraft receives the signal to land, it must give the distress signal and land on the nearest place suita~ble for a safe landing. If the aircraft receives a signal prohibiting it to land, it must correct its course and, on finding itself inside the air route or the prescribed limits of the airsp~ice, land on the nearest airdrome. In all these cases the aircraft may, after landing, continue its flight only with the permission of the respective agency of the Main Admin- istration for Civil Aviation or the Main Administration of the North Sea Route (depending on jurisdiction). Sec. 53. In case of the crash of a civil aircraft or where continuation of flight is made impossible owing to death, injury or sickness of members of the operating personnel, the local authorities must render the necessary assistance, assume the protection of the aircraft, and immediately inform by radio or wire the Main Administration for Civil Aviation or the Main Administration of the North Sea Route (depending on jurisdiction) and their nearest local agencies about the occurrence. ChAPTER Vu-INTERNATIONAL FLIGHTS Sec. 54. Any flight of a civil aircraft during which the aircraft crosses the national boundaries of the U.S.S.R. shall be considered an international flight. The general rules of flight in the airspace of the U.S.S.R. with supplements and amendments stated in this chapter, shall apply to international flights. Sec. 55. Civil aircraft not entered in the register of the U.S.S.R. may perform flights `to the territory of the U.S.S.R., into the airspace of the U.S.S.R., and from the U.S.S.R. beyond its boundaries only with a special permission of the Main Administration for Civil Aviation. The following shall be indicated in the permit: (a) Air gates through which the craft must cross the national boundary of the U.S.S.R. while flying in or out as well as the height of the flight whiTe crossing the frontier; (b) Route by which the craft must fly and places for manda- tory and permissible landings; (c) Period of time of validity of the permit. Sec. 56. Civil aircraft entered in the register of the U.S.S.R. may perform flights beyond the territory of the U.S.S.R only with the permission of the Main Administration for Civil Aviation. Sec. 57. While performing international flights all the civil air- craft shall be guided, as to customs operations, by the Customs Gode of the U.S.S.R. and regulations issued in its implementation. ~` Since 1946 the Ministries of Communications and Transportation, respectively. PAGENO="1322" 1316 MR LAWS AND TREATIES OF THE WORLD Sec. 58. The general rules for entry into the U.S.S.R., departure from the U.S.S.R., and transit through the U.S.S.R. shall apply to persons arriving in the U.S.S.R. or departing from the U.S.S.R. by civil aircraft. Sec. 5,9. The acceptance and release in regard to customs and pass- port control, of civil aircraft which perform international flights, shall be carried out at airports and hydroairports or ports for free balloons determined by the Main Administration for Civil Aviation in agreement with the People's Commissariat for Foreign Trade and the People's Commissarist for the Interior 12 of the U.S.S.R. Sec. 60. If, because of force majeure (stikhii~noe bedstvie) or for any other reason, a civil aircraft crosses the national boundary of the U.S.S.R. outside the air gates indicated, or not at the indicated altitude or appears to be outside of the air route established for it, such aircraft shall immediately upon ascertaining this fact or upon receipt of a signal demanding its landing, give a signal of distress, descend to a lower altitude, and land at the nearest suitable place. A civil aircraft which has landed under the conditions stated in this section may continue its flight only with the permission of the Main Administration for Civil Aviation or its corresponding local agencies. If the aircraft does not obey the signal demanding its landing, it will be forced to land after a second signal. Sec. 61. If a civil aircraft which is making an international flight suffers an air crash or makes a forced landing before the mandatory landing at the place determined for customs and passport control of the particular craft, then, in the absence at the place of landing of a customs agency, the local authorities must take all the necessary steps for the protection of the cargo, luggage and other property on board the craft and for the fulfillment of all the required passport formalities. The same rule shall apply in instances where an aircraft making an international flight suffers a crash or makes a forced landing in the U.S.S.R. after fulfillment of the customs and passport formalities required for exit. The Main Administration for Civil Aviation shall issue rules in implementation of this section, in agreement with the People's Corn- missariat of Foreign Trade and the People's Commissariat for the Interior'3 of the U.S.S.R. Sec. 6~. Civil aircraft not entered into the register of Civil Air- craft of the U.S.S.R. may be subject to examination for the deter- mination of its airworthiness: (a) if the U.S.S.R ha~ nq agreement with the State concerned regarding recognition in the U.S.S.R. of the documents issued by that State on the airworthiness of the civil aircraft; (b) in case of an air crash and disclosure of technical defects of the aircraft. Sec. 63. Regular international flights along the international air routes shall be conducted according to the rules established in treaties made by the government of the U.S.S.R. with foreign States and 12 Since 1946 the Ministries of Foreign Trade and Interior, respectively. `~ Since 1946 MinIstries of Foreign Trade and Interior, respectively. PAGENO="1323" AIR LAWS AND TREATIES OF THE WORLD 1317 organizations and in regard to problems not covered by such treaties according to the rules of this Code. Sec. 64. The Main Administration for Civil Aviation shall have the right to establish exceptions from the rules of this Code for foreign civil aircraft which are making single international flights of a special character. Sec. 65. The Main Administration for Civil Aviation shall estab- lish the rules concerning international flights which apply to free balloons. Sec. 66. Laws and rules in force in the U.S.S.R. shall apply to for- eign civil aircraft, their operational personnel and passengers while they are flying in the airspace of the U.S.S.R. Sec. 67. Any person guilty of a violation of the rules of interna- tional flights (flights into the U.S.S.R. and flights out of the U.S.S.R. without permission, failure to follow the air route indicated in the permit, the place of the landing, the air gates, the flight altitude, and the like) shall be prosecuted in a criminal court under the laws of the U.S.S.R. or punished in an administrative action under Section 95 of this code. CHAPTER VIlI-CARRIAGE BY AIR OF PASSENGERS~ LUGGAGE~ CARGO AND MAIL Sec. 68. Regular carriage by air of passengers, luggage, cargo and mail may be carried out only by air carriers (air lines) of the Main Administration for Civil Aviation, but within the scope of the activi- ties of the Main Administration of the North Sea Route, by the air- lines of the said administration. The establishment of air lines shall be permitted only after govern- ment clearance has been granted by a commission appointed by the Head of the Main Administration for Civil Aviation. Rules and procedures for granting government clearance shall be established by the Main Administration of Civil Aviation. Sec. 69. By a contract of carriage by air the air carrier under- takes to carry by air passengers, cargo, luggage and mail to the place of destination; and the passenger or the consignor of the cargo, lug- gage or mail, undertakes to pay the air carrier according to the rates for the passage or the transport. The air carrier may, by special ageement, assume the obligation to transport a passenger, cargo, luggage or mail to the place of destina- tion not only by aircraft but also by using other means of transporta- tion for a part of the route. Sec. 70. A contract of carriage by air shall be certified by a ship- ing document issued by the air carrier. The following shall consti- tute shipping documents: the ticket-for passenger transportation; the cargo check-for transportation of cargo; and the luggage check- for transportation of luggage. Sec. 71. The Main Administration for Civil Aviation shall estab- lish the rules for carriage by air, the forms of shipping documents, and the procedure for the making and rescission of the contract for carriage by air. PAGENO="1324" 1318 AIR LAWS AND TREATIES OF THE WORLD The rules for the shipping of mail shall be established by the Main Administration for Civil Aviation in agreement with the People's Commissariat ~ for Communication. Sec. 7~3. Shipping by air of explosive substances, arms, ammuni- tion, poisonous, easily inflammable substances or carrier-pigeons, shall not be permitted without the special authorization of the Main Ad- ministration for Civil Aviation and the Main Administration of the North Sea Route (depending on jurisdiction). The rules for the shipping of photographic and motion picture cameras, or of objects the shipping of which is admissible only if special conditions are complied with, shall be established by the Main Administration for Civil Aviation. Sec. 73. Rates for passenger transportation and shipping of lug- gage and cargo shall be established by the Main Administration for Civil Aviation and the Main Administration of the North Sea Route (depending on jurisdiction) as approved by the Council of Labor and Defense. Rates for carrying mail shall be established by the Main Adminis- tration for Civil Aviation and the Main Administration of the North Sea Route (depending on jurisdiction), in agreement with the Peo- pie's Commissariat15 for Communication, and they shall be approved by the Council of Labor and Defense. Sec. 74. The passengers and consignors of cargo or luggage must strictly observe the provisions of this Code and the rules issued in its implementation. In case of non-compliance the air carrier shall have the right, irrespective of the application of Section 86, immediately to rescind the carriage contract without refunding the payment made by the passenger or the sender of the cargo or luggage. Sec. 75. If the flight is cancelled, the air carrier must refund to the passenger the sums paid by him for the passage; if the flight is inter- rupted during the journey it must take the passenger and his luggage to the place of destination by the fastest means of transportation [available]; but in case of impossibility or if the passenger refuses to make use of other means of transportation [it must] return the value of the paid passage or the transport of luggage, in proportion to the unused part of the journey. Sec. 76. The rules of international conventions to which the U.S.S.R. is a party and, in the absence of such rules, the provisions of this Code and the rules issued in its implementation shall apply to the inter- national carriage of passengers, luggage, and cargo. Sec. 77. The international carrying of mail by air shall be made in conformance with the international conventions of the U.S.S.R. con- cerning carriage of mail. CHAPTER Ix-LIABILITY FOR DAMAGES IN CONNECTION WITH CONVEYANCE BY AIR AND PROCEDURE FOR THE SETTLEMENT OF DISPUTES OVER DAMAGES Sec. 78. Any institution, enterprise, organization, or person exploit- ing a civil aircraft shall be liable, under the laws of the Soviet Union and Soviet republics, to repair damages caused by death or bodily 1~ Since 1946 Minlstrr of Communication. ~ Idem. PAGENO="1325" AIR LAWS AND TREATIES OF THE WORLD 1319 injuries to passengers during the take-off, flight, and landing, as well as damages caused by injuries to property or persons not carried by aircraft, unless it is proved that the injury occurred as a consequence of the intent or gross negligence of the injured person himself. Sec. 79. The air carrier shall be liable for damages caused to cargo and luggage from the time of their receipt for shipping until their delivery to the consignee. Such liability shall extend as follows: (a) for loss of cargo or luggage received for shipping with value declared to the amount of the declared value, but not to exceed the actual cost; (b) for loss of cargo received for shipping without declared value to the amount of the actual cost; (c) for loss of luggage received for shipping without declared value to the extent of rates established by the Main Administra- tion for Civil Aviation with the approval of the Council of People's Commissars 16 of the TJ.S.S.Th; (d) for damage to luggage and cargo to the amount by which its value has decreased. Sec. 80. An air carrier shall be relieved of liability for loss or dam- age to cargo or luggage if it proves that loss or damage occurred: (a) due to intent or negligence on the part of the consignor or consignee, particularly when due to the non-compliance of the consignor with the special conditions of transportation estab- lished by the Main Administrator for Civil Aviation or with the rules prohibiting the transportation of these or other articles; (b) due to force majeure if the loss or damage occurred while not in flight; (c) due to the specific nature of the transported goods because of which breakage, rust, internal spoilage, etc. ensued; (d) due to transportation of the cargo or luggage without the necessary packing or under unsatisfactory packing conditions; (e) due to natural loss of the cargo within the standard limits established by the Main Administration of Civil Aviation and approved by the Council of Labor and Defense. Sec. 81. If the institution, enterprise, organization or person oper- ating a civil aircraft did not take measures to avert the damage its liability may, according to the circumstances of the case, be decreased in case of intent or gross negligence of the person injured. Sec. 82. The air carrier shall not be liable for the hand luggage of a passenger which was not delivered for luggage safekeeping. Sec. 83. For destruction, damage or untimely delivery of mail the air carrier shall be responsible to the People's Commissariat of Com- munications 17 within the limits of the liability of the latter to the sender. Sec. 84. The air carrier shall be liable for the timely delivery of the shipped cargo according to the rules established by the Main Ad- ministration of Civil Aviation. Sec. 85. Any agreements of the air carrier with the passengers or owners of the cargo having for their purpose a change for one party or another of the liability provided for by this Code and the rules 1~ Since 1946 Council of Ministers. 17 Since 1946 Ministry of Communications. PAGENO="1326" 1320 MR LAWS AND TREATIES OF THE WORLD issued in its implemention by the Main Administration of Civil Aviation shall be null and void. Sec. 86. Passengers, owners of cargo or other persons must report to the institution, enterprise, organization or person operating a civil aircraft all damage caused by their failure to observe the provisions of this Code, and of the rules issued in its implementation. Sec. 87. Any institution, enterprise, organization or person oper- ating a civil aircraft which rendered assistance in salvaging property which had been in danger shall have the right to receive appropriate compensation from the owner of such property. Sec. 88. Declarations of claims arising from air carriage shall be submitted to the administrative office of the air carrier. If the car- riage by air was performed by several air carriers the declaration shall be submitted to the administrative office of the air carrier of the place of departure or destination, at the option of the person declaring the claim. After a claim has been declared to one of the air carriers, the filing of claims with the other shall not be permitted. Rules concerning the procedure of filing and hearing of claims shall be issued by the Main Administration of Civil Aviation. Sec. 89. Claims against an air carrier arising from the air carriage contract may be filed during a six month term; claims arising from mixed air-railway carriage and air-water carriage, during one year. During the same terms the air carrier may file its demands against the consignors, consignees or passengers for the reparation of damages (Sec. 86). The above-mentioned terms shall run: (a.) for demands of compensation for damage or partial loss of the cargo or luggage-from the day of their delivery; (b) for demands of compensation for complete loss of cargo or luggage, as well as for their belated delivery-from the day of the expiration of the specified term for delivery; (c) for all other demands-from the day the event occurred which forms the basis of the claim. Sec. 90. The air carrier must consider the claim filed and inform the claimant within two months of the granting or rejection of the claim, but with respect to claims arising from mixed shipping by air and rail or by air and water it must do so within six months. If the claim is rejected or remains unanswered, the claimant shall have the right, within two months from the day when the answer of the air carrier was received or from the day when the term established for filing the answer to the claim has run out, to file suit in court against it. Sec. 91. Rules concerning the liability for damage caused to another aircraft by an aircraft during flight shall be issued by the Main Administration for Civil Aviation. Sec. 92. Suits shall be filed with the courts of the place where the defendant is located or with the State arbitration agencies (according to jurisdiction and venue). PAGENO="1327" AIR LAWS AND TREATIES OF THE WORLD 1321 CHAPTER X-FINES WHICH ARE IMPOSED IN ADMINISTRATIVE ACTIONS BY AGENCIES FOR CIVIL AVIATION Sec. 93. The Main Administration for Civil Aviation shall issue rules applicable to all citizens concerning the protection of the order and safety of air conveyances and concerning the protection of the property of the civil air fleet., as well as sanitary and fire prevention rules, and shall establish fines which shall be imposed in administra- tive action for the violation of these rules. The maximum amount of the fine for a violation of these rules shall be indicated in the same rules, but cannot exceed 500 rubles. Sec. 94. Fines shall be imposed: (a) up to 100 rubles-by heads of airports, hydro-airports and ports for free balloons; (b) up to 200 rubles-by heads of air lines; (c) up to 300 rubles-by heads of territorial administrations and the Head of the Main Inspection for Civil Aviation; (d) up to 500 rubles-by the Head of the Main Administra- tion for Civil Aviation and the Head of the Main Administration of the North Sea Route (depending on jurisdiction). Sec. 95. For violation of rules of international flights in cases where there is no reason for prosecuting the violators before a crim- inal court, the Head of the Main Administration for Civil Aviation shall have the right to impose upon the violator in administrative action a fine of up to 3,000 rubles. Sec. 96. The order imposing the fine shall be reduced to writing and a copy thereof shall be handed to the violator. The order imposing the fine may be appealed to a~ higher agency of Civil Aviation within a period of 20 days from the day of its announcement. The orders of the Head of the Main Administration for Civil Aviation and the Head of the Main Administration of the North Sea Route concerning imposition of a fine and their decisions on appeals against the imposition of fines shall be final. The lodging of an appeal shall not stop the exaction of the fine. APPENDIX TO THE TJ.S.S.R. AIR CODE DESCRIPTION OF THE U.S.S.R. CIVIL AVIATION AND THE CIVIL AIR NAVIGATION FLAG Red (or scarlet) flag, rectangular, dimensions 150 x 15 cm. In the center of the rectangle a blue isosceles triangle with its base at the staff; dimensions of the triangle: base 40 cm. and height 85 cm. In the upper part of the triangle at a distance of 10 cm. from the staff and 2 cm. from the edge there is a gold five-pointed star 8 cm. in diameter. On the blue triangle at a distance of 5 cm. from the staff there is on the background of a gold sickle and hammer the emblem of aviation and air navigation-silver wings. The wing span is 35 cm., the diameter of the sickle and hammer, 15 cm. PAGENO="1328" YUGOSLAVIA LAW No. 392 OF JUNE 1, 1949, No. 47, 1949 1 In accordance with Article 1 of the Law on the Delegation of Pow- ers to the Government of the F.P.RY. to issue regulations regarding the national economy, and at the proposal of the Minister of Trans- portation of the F.P.IR.Y., the Government of the F.P.IR.Y. issues the following DECREE ON AIR NAVIGATION, [As AMENDED] 2 I. GENERAL PROVISIONS Art. 1 The operation of aircraft in the airspace of the F.P.RY., their takeoff and landing on the territory of the F.P.RY. shall be subject to the provisions of the present Decree and regulations issued in ac- cordance therewith. Any contrivance, used or intended for flying or air navigation shall be considered as an aircraft. Art.2 Aircraft shall be either official or civil. Aircraft belonging to the Armed Forces, Customs Authorities and the State Security shall be considered official aircraft. Those [aircraft] intended for air traffic, sanitary services, sports or belonging to associations and organizations and all others not be- longing to the official [category], shall be considered civil aircraft. The provisions of the present decree shall not apply to official air- craft unless otherwise provided for. Art. 3 Civil aircraft may fly over the territory of the F.P.RY., take off and land only with the permission of the Ministry of Transportation of the F.P.RY., Aeronautics Administration, and in accordance with the provisions of these rules. Foreign aircraft may fly over the territory of the F.P.R.Y., take off and land only when authorized on the basis of an international agreement or when they obtain a special permit from the Ministry of Foreign Affairs of the F.P.RY. and provided they abide by the pro- visions of the present Decree and rules governing air navigation and the traffic of passengersand goods. ~ Uredha 0 Zra~noj plovidbi, Br. 392 od. 1. june 1949. ,S~luzbeni List Federativne Narodne Republilce Jugoslavije, Br. 47, 1949 (Decree on Air Navigation, Law No. 392 of June 1, 1949. Official Gazette of the Federal People's Republic of Yugoslavia [hereinafter re- ferred to as F.P.R.Y.}, No. 47, 1949). 2Art. 12, Decree No. 534 of December 12, 1951, Bringing Into Conformity with the Provisions of the Basic Law on Petty Offenses [other] Special Provisions on Petty Offenses In Decrees and Other Regulations. [Issued by] the Government of the F.P.R.Y., and its Agencies. (Si. L. No. 56, 1951.) 1322 PAGENO="1329" AIR LAWS AND TREATIES OF THE WORLD 1323 Art. 4 Aircraft shall be forbidden to transport, without a special permit, any kind of arms, ammunition, explosives, poisonous gases, acids, m- flammables and articles and equipment which could be dangerous to the security of the state. Art. 5 All civil aircraft must be registered and equipped with visible marks of registration and nationality. For every flight they must have the required documents. The flight personnel in civil aircraft must have a valid working permit issued by the competent agency of the state in which the air- craft is registered. All aircraft must have a commander [leader]. If the commander [leader] is not specifically designated, then the first pilot shall be con- sidered as such. Art. 6 Civil aircraft of the F.P.R.Y. and all foreign aircraft may fly in the air space of the F.P.R.Y. only in the prescribed, air corridors. Gliding aircrafts of the F.P.RY. are excepted. Flying over prohibited zones shall be forbidden. The entrance or exit of domestic and foreign aircraft into or from the airspace of the F.P.R.Y. may be made only along an established border air corridor. Foreign aircraft entering the F.P.RY. are required to establish radio contact with the nearest airport of the F.P.R.Y. as soon as they enter the prescribed air corridor. They shall also be required, during their flight on their designated route, to enter into contact with any airport which they pass over. Art.7 The take off and landing of civil aircraft shall be permitted only at airports and airfields. Foreign aircraft coming from abroa.d may land on public customs airports only, and may take off only from these in order to fly abroad. II. CIVIL AIRCRAFT Art. 8 Civil aircraft and equipment in the F.P.R.Y., as a rule, shall belong to the State or to governmental economic enterprises. Societies, organizations and other legal entities and individuals may operate and use civil aircraft and flying equipment only with the permission of the Ministry of Transportation of the F.P.R.Y. Art. 9 Civil aircraft of the F.P.RY. shall not be used for flying unless it is recorded in the registery kept by the Ministry of Transportation of the F.P.R.Y., Aeronautics Administration. An aircraft may be registered only in one place at a time. Art. 10 -Before registration, an aircraft must be inspected by an expert commission, which shall establish its airworthiness. 67717 O-61-----84 PAGENO="1330" 1324 AIR LAWS AND TREATIES OF THE WORLD In establishing this airworthiness it shall be determined whether the aircraft has the equipment necessary for its purpose. If the equipment contains radio communication equipment a special permit for the operation thereof must be obtained from the Postmaster General of the F.P.RY. Art. 11 Civil aircraft flying over the territory of the F.P.IR.Y. must have the following documents: a certificate of registration, a certificate of airworthiness, the aircraft log, a working permit for the crew, a list of passengers, an invoice of cargo and mail, the flying route and a permit for the use of radio communication equipment, provided such exists. III. AIRPORTS AND AIRFIELDS Art. 12 Airports shall be official, public or special. Official airports shall be designated for the use of official aircraft; public [airports] shall be for the use of civil and foreign aircraft and special airports shall be built, organized and operated by the state, by domestic social organizations and by government economic enter- prises for civil aircraft with a special purpose. Public airports at the same time may be also customs airports. In such case they must be equipped with all necessary facilities for the functioning of the customs services and for preventing the spread of contagious diseases. Art. 13 Public airports in the F.P.R.Y. shall belong to the state and shall be under the administration of designated government agencies. The use of airports shall he subject to federal taxes as established by the Ministry of Finance of the F.P.R.Y. The servicing of aircraft and other services on airports shaH be paid for separately. Art. 14 Besides airports, there shall also be airfields for landing and take- off only. They may be owned or used by the state, social organizations, legal entities and individuals. However, they must always be under the control of the Ministry of Transportation of the F.P.R.Y., Aero- nautics Administration, which shall regulate the maintenance and use of the airfield. These airfields shall belong to the special category only. Art. 15 All radio equipment for communication and radio navigation shall be exclusively under the administration and control of designated aeronautics agencies of the government. When using an airport, social organizations, enterprises, legal en- tities and individuals may maintain their own radio communications equipment for commercial purposes, but always only with the ap- proval of the Postmaster General, and under supervision of the Min- istry of Transportation, Aeronautics Administration. PAGENO="1331" AIR LAWS AND TREATIES OF THE WORLD 13.25 Art. 16 The government agency designated to manage an airport shall be the Airport Administration. It shall manage the airport, and regu- late and co-ordinate all aeronautical activities of the airport. Airfields shall be managed by an Airfield Administration. Art. 17 The Airport Administration shall include aviation control agen- cies. Their duty shall be to make safe and to control the air naviga- tion of all civil aircraft, foreign and domestic, as well as official aircraft of foreign governments during their flight over the territory of the F.P.R.Y. All facilities and equipment for flight performance and safety shall be administered and controlled by these agencies. IV. FLIGHT Art. 18 In order to receive a takeoff permit, the owner (lessee) or com- mander of a civil a.ircraft must report the intended take-off to the aviation control agency of the appropriate airport or airfield. The report must contain the requested information and the com- mander shall be bound to follow the information given in the report, unless it is changed on the takeoff permit. Art. 19 Non-scheduled flights of foreign aircraft and their flights in non- scheduled air traffic above the territory of the F.P.R.Y., either related to a landing or only to transit flight, must be reported through reg- ular diplomatic channels at least 48 hours in advance in order to get the permission. The report must contain the following information: type and marks of the aircraft, name and address of the owner or the lessee of the aircraft, names of the responsible commander and the crew, purpose of the flight, date, time and place of entry, direction of the flight, place of landing and period of stay in the territory of the F.P.RY., date, time and place of exit and also other incidental infor- mation (weight of the aircraft, fuel needs, cargo, radio frequency, radio equipment, etc.). The permission shall be issued by the Ministry of Foreign Affairs of the F.P.R.Y. which shall immediately notify the Ministry of Transportation of the F.P.R..Y., Aeronautics Administration. In the same manner there shall be reported the flights of foreign aircraft over established air routes with the distinction that the re- port shall not be made for every aircraft and every flight, but only for regularly scheduled flights. Art. 20 Before take-off the commander must ascertain that all navigational and technical preparations for the flight have been made. An aircraft may be operated only by the authorized crew. Art. 21 . During the flight over the territory of the F.P.R.Y. foreign aircraft must use the radio frequencies authorized by the Ministry PAGENO="1332" 1326 AIR LAWS AND TREATIES OF THE WORLD of Transportation of the F.P.R.Y., Aeronautics Administration, and must obey all orders of the aviation authorities of the F.P.R.Y. is- sued with regard to the present Decree and the safety of flight. During flight over the territory of the F.P.R.Y. aircraft shall not fly at altitudes which are dangerous to the safety of the aircraft, its passengers, or individuals and property on the ground, except when necessary during manuevering for a forced landing. Signaling from the aircraft shall be permitted only in connection with communications and safety. Art. 22 Persons with photographic and motion picture cameras and those with a permit for carrying arms shall hand over all such articles to the commander of the aircraft before entering the aircraft. Art. 23 Liability of, and damages caused by an aircraft during flight or while taxying on the ground or coastal waters of the F.P.R.Y. shall be adjudicated according to domestic laws. For damage caused by a foreign aircraft its owner shall be liable. Art. 24 Entering foreign aircraft are forbidden to land between the state border and the civil customs airfield except in cases of an act of God (force majeure). They may takeoff from a civil customs airport only after the custom inspection. In such cases they may not land again on the territory of the F.P.RY. Art. 25 If because of an act of God (force majeure) or other excusable causes a foreign aircraft passes the border outside the established air route or finds itself outside the established air routes in the airspace of the F.P.R.Y., the commander shall immediately contact the avia- tion control authorities of the F.P.R.Y. and, after receiving the sig- nal, shall land on the nearest airport or the airport designated by signals. If the aircraft refuses to follow the signals given, it shall be forced to land. Art. 26 If a foreign aircraft is forced by an act of God to land outside an established public airport, the commander shall immediately so re- port to the nearest government authority which shall provide for the safety of the aircraft and for the~ accommodation of the crew, pas- sengers and goods. Art. 27 In the interest of state security and air navigation, aviation agen- cies shall have the right to request the landing on a determined air- field of any aircraft flying in the airspace of the F.P.RY. Art. 28 In case of an accident of a domestic or foreign aircraft, the accident shall be investigated in order to establish its nature, extent, causes and, possibly, the liability of individuals. PAGENO="1333" AIR LAWS AND TREATIES OF THE WORLD 1327 The investigation shall be conducted by the aviation authorities. The investigation of accidents of foreign aircraft of any kind shall be conducted by a special commission, set up by the Ministry of Trans- portation of the F.P.R.Y., Aeronautic Administration. Owners of the aircraft or their representatives may participate as observers in all investigations of the commission. If the accident assumes the proportion of a catastrophe, i.e., when it involves human victims or when it is a case for which there are special regulations, the investigation shall be conducted by the repre- sentatives of the Ministry of Transportation of the F.P.R.Y. Art. 29 An aircraft shall be considered lost if no traces shall have been found within a period of six months after its disappearance during flight. Art;. 30 The present Decree shall apply also to flight over the Yugoslav airspace without landing. v. AIR TRAFFIC Art. 31 Any scheduled or non-scheduled trip by an aircraft between two or more points on land, whether transporting passengers, cargo, mail or empty, shall be considered air traffic in accordance with the present Decree. Flights, not related to scheduled air traffic shall be considered non-scheduled flights. Art. 32 Air traffic by means of civil aircraft within the airspace of the F.P.R.Y. shall be considered domestic air traffic. Air traffic by civil aircraft, whether domestic or foreign, involving the crossing of the borders of the airspace of the F.P.R.Y. shall be considered international air traffic. Art. 33 Transportation of passengers and cargo between two points on the territory of the F.P.RY. shall be made only by domestic aircraft. Art. 34 The commander of a civil aircraft shall have disciplinary authority over the aircraft during the flight. His authority shall be exercised according to the regulations issued by the Ministry of Transportation of the F.P.R.Y. The passengers must be notified of the identity of the commander of the aircraft. Art. 35 The crew, passengers and goods which are transported must be insured during the flight. If such insurance is not available, then the owner of the aircraft shall be liable for damages, if any. PAGENO="1334" 1328 AIR LAWS AND TREATIES OF THE WORLD Art. 36 For the following petty offenses there shall be punished by a fine not to exceed 5,000 dinars: (1) any aircraft enterprise and any owner of an aircraft who uses or continues to use in [air] traffic an aircraft without the marks of nationality and registration, or without a certificate of registration or a certificate of airworthiness; (2) any aircraft enterprise and owner of an aircraft who de- livers an aircraft to be flown by individuals without a permit to operate [the craft]; (3) any aircraft enterprise that does not adhere to a strict and regular flight schedule for which it assumed the responsibility; (4) any commander who takes off before it is established that all navigational and technical preparation for the flight has been completed; (5) any aircraft enterprise and any owner who overloads an aircraft; any commander who takes off with an overloaded air- craft, as well as the flight controller who permits such aircraft to fly; (6) any aircraft commander flying outside the established air routes or above a. prohibited zone; (7) any aircraft commander who does not contact the flight control [authority] in time or who does not comply with the orders concerning the flight control; (8) any person who negligently executes the navigational and technical flight preparation with which he is charged; (9) any person who acts contrary to Articles 4, 21, 22 and 24 of the present Decree; (10) any aircraft enterprise and any owner of an aircraft who fails to insure the crew, the passengers and the cargo; (11) any member of the crew who, without justification, aban- dons his post of duty on the aircraft; (12) any person who endangers flight safety, as well as any individual who violates the provisions of the present Decree or the provisions issued pursuant to the present Decree. For the petty offenses specified in the foregoing Paragraphs num- bered 1, 2, 3, 5 and 10, a legal entity shall be punished by a. fine not to exceed 20,000 dinars. For the following petty offenses there shall be punished by a fine not to exceed 3,000 dina.rs: (1) any commander who uses an aircraft without the marks of nationalit.y and registration or without obtaining a certificate of registration or a certificate of airworthiness, and any flight controller who permits such aircraft to takeoff; (2) any commander who uses an aircraft and members of the crew without a permit to operate, as well as any flight controller who permits them to take-off; (3) any commander who, by his own negligence, causes the destruction of the prescribed flight records, or by his own negli- gence enters inaccurate information in these records. PAGENO="1335" AIR LAWS AND TREATIES OF THE WORLD 1329 For the following petty offenses there shall be punished by a fine not to exceed 1,000 dinars: (1) any person who, without authorization, enters any landing or takeoff section of the airport, or who, without authorization, remains thereon, as well as any person who keeps or permits do- mestic animals thereon; (2) any person who enters or operates an aircraft without authorization. Art. 36a In addition to the punishment for petty offenses specified in. (a), nos. 4, 5, 6, 7 and 11 and (b) nos. 1-3, of the preceding Article, against the commander of an aircraft. and members of the crew the protective measure of prohibiting their flying may be imposed. The prohibition to fly shall be imposed for not more than six months. Any person against whom this measure has been applied, shall lose his license for such time as he is prohibited to fly. Art. 37 For the petty offenses specified in Article 36 committed by any aircraft enterprise or any commander of an aircraft, by members of the crew or individuals taking part in navigational or technical flight preparation, as well as by the personnel concerned with flight safety, administrative-penal proceedings shall be instituted and the original decision be handed down by the manager of the public airport. For petty offenses specified in Article 36 committed on an aircraft in flight by persons specified in the preceding paragraph, proceedings shall be instituted and the original decision be handed down by the manager of the public airport having jurisdiction over the place from which the aircraft took off. From the original decision of the manager of the airport, an appeal may be taken to the air navigation control [administration]. The air navigation control [administration] shall initiate admin- istrative-penal proceedings for those petty offenses specified in Para- graph 1 of this Article in which, in addition to the punishment, the protective measure of a prohibition to fly shall be imposed, and for all other petty offenses against persons specified in Paragraph 1 of this Article it may take jurisdiction over already instituted proceed- ings, and hand down a decision at any stage thereof. In the case of an appeal from an original decision by the air navi- gation control [administration] the next higher authority shall make the determination. Administrative-penal proceedings for petty offenses specified in Article 36 of the present Decree committed by persons other than those specified in Paragraph 1 of this Article, shall be instituted by the judge for petty offenses. Art. 38 The Airport Administration may detain, at the expense of the owner, any aircraft and crew whose papers are not in order, until the legal requirements have been satisfied. PAGENO="1336" 1330 AIR LAWS AND TREATIES OF THE WORLD VII. FINAL PROVISIONS Art. 39 Rules for the enforcement of the present Decree shall be issued by the Ministry of Transportation of the F.P.R.Y. Art. 40 The present Decree shall enter into force on the day of publication in the Slu~ben.i List Federativne Nctrodne Republike Jugoslavije [Official Gazette of the F.P.R.Y.]. PAGENO="1337" MULTILATERAL AND BILATERAL (U.S.) AGREEMENTS 1331 PAGENO="1338" 1332 AIR LAWS AND TREATIES OF THE WORLD 1. MULTILATERAL AGREEMENTS TIlE WARSAW CONVENTION 1 [49 Stat. 3000; 7'. S. 876] [Translation] 2 CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO INTERNATIONAL TRANSPORTATION BY AIR THE PRESIDENT OF THE GERMAN REICH, THE FEDERAL PRESIDENT OF THE REPUBLIC OF AtT5T1UA, His MAJESTY THE KING OF THE BELGIANS, THE PRESIDENT OF THE UNITED STATES OF Bri&zu., His MAJESTY THE KING OF THE BULGARIANS, THE PRESIDENT OF THE NATIONALIST GOVERNMENT OF CHINA, HIS MAJESTY THE KING OF DENMARK AND IOELANE), His MAJESTY THE KING OF Eon!r, HIS MAJESTY THE KING OF SPAIN, THE CHIEF OF STATE OF THE REPUBLIC OF E5T0NIA, THE PRESIDENT OF THE REPUBLIC OF FINLAND, THE PRESIDENT OF THE FRENCH REPUBLIC, His MAJESTY THE KING OF GREAT BRITAIN, IRE- LAND, AND THE BRITISH D0MINION5 BEYOND THE SEAS, EMPEROR OF INDIA, THE PRESIDENT OF THE HELLENIC REPUBLIC, His MOST SERENE HIGHNESS THE REGENT OF THE KINGDOM OF HUNGARY, His MAJESTY THE KING OF ITALY, His MAJESTY THE EMPEROR OF JAPAN, THE PRESI- DENT OF THE REPUBLIC OF LATVIA, HER ROYAL HIGHNESS THE Ga~m DUCHESS OF LUXEMBURG, THE PRESIDENT OF THE UNITED MEXICAN STATES, His MAJESTY THE KING OF NORWAY, HER MAJESTY THE QUEEN OF THE NETHERLANDS, THE PRESIDENT OF THE REPUBLIC OF POLAND, His MAJESTY THE KING OF RUMANIA, His MAJESTY THE KING OF SWEDEN, THE Swiss FEDERAL COUNCIL, THE PRESIDENT OF THE OZECHO- SLOVAK REPUBLIC, THE CENTRAL EXECUTIVE C0MMrr'IEE OF THE UNION o' SOVIET SOCIALIST REPUBLICS, THE PRESIDENT OF THE UNITED STATES o~' VENEZUELA, His MAJESTY THE KING OF YUGOSLAVIA: Having recognized the advantage of regulating in a uniform manner the conditions of international transportation by air in respect of the documents used for such transportation and of the liability of the earner, Have nominated to this end their respective Plenipotentiaries, who, being thereto duly authorized, have concluded and signed the following convention: 1Not the official title, but in common usage. `The French text, as proclaimed, is the official text. The translation here given Ii -reproduced from that contained in a proclamation by the President of the United States, `dated October 29, 1934. For differences between this text and the British text, see ~post, p. 330. PAGENO="1339" AIR LAWS AND TREATIES OF THE WORLD 1333 WARSAW CONVENTION (PROTOCOL) NOTE A Protocol to the Warsaw Convention was opened for signature at The Hague on September 28, 1955. It is not in force at the present writing, Decem~ber 31, 1957 and ha8 not been ratified by the United States. However, having teen signed by the representatives of 29 countries, including the United States, it is reproduced herein for convenient reference. The conditions necessary to bring the Protocol into force are set forth in Chapter III. Present signatures are: Australia Liechtenstein Belgium Luxembourg Brazil Mexico Canada The Netherlands Czechoslovakia New Zealand Denmark Norway Egypt Philippines El Salvador Poland France Portugal Federal Republic of Germany Rumania Greece Sweden Hungary Switzerland Ireland Union of Soviet Socialist Republics Israel United Kingdom Italy United States Japan Venezuela Laos Yugoslavia The Protocol has been ratified by the following countries on the dates indicated: ~zecno~iovai~.1a November 23, 1957 Egypt . April 26, 1956 El Salvador -. September 17, 1956 Hungary October 4, 1957 Laos May 9, 1956 Luxembourg February 13, 1957 May 24, 1957 _--___ April 23, 1956 Rumania December 3, 1958 Union of Soviet Socialist Republics --.- March 25, 1957 PROTOCOL TO AMEND THE CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO IN- TERNATIONAL CARRIAGE BY AIR SIGNED AT WAR- SAW ON 12 OCTOBER 1929 The Governments undersigned Considering that it is desirable to amend the Convention for the Unification of certain Rules Relating to International Carriage by Air signed at Warsaw on 12 October 1929, Have agreed as follows: PAGENO="1340" 1334 AIR LAWS AND TREATIES OF THE WORLD WARSAW CONVENTION CIIAFPER I. SC0FE-DEFINrTIONS Article 1 (1) This convention shall apply to all international transportation of persons, baggage, or goods performed by aircraft for hire. It shall apply equally to gratuitous transportation by aircraft performed by an air transportation enterprise. (2) For the purposes pf this cotivention the expression "inter- national transportation" shall mean any transportation in which, according to the contract made by the parties, the place of departure and the place of destination, whether or not there be a break in the transportation or a transshipment, are situated either within the territories of two High Contracting Parties, or within the territory of a singl~ High Contracting Party, if there is an agreed stopping place within a territory subject to the sovereignty, suzerainty, man- date or authority oT another power, even though that power is not a party to this convention. Transportatipn without suóh an agreed stopping place between territories subject to the sovereignty, suze- rainty, mandate, or authority of the same High Contracting Party shall not be deemed to be international for the purposes of this convention. (3) Transportatipn to be performed by several successive air car- riers shall be deemed, for the purposes of this convention, to be one undivided transportation, if it has been regarded by the parties as a single operation, whether it has been agreed upon under the form of a single contract or of a series of contracts, and it shall not ipse its international character merely because one contract or a series of con- tracts is to be performed entirely within a territory subject to the sovereignty, suzerainty, mandate, or authority of the same High Contracting Party. Article £ - (1) This convention shall apply to transportation performed by the state or by legal entities constituted under public law provided it falls within the conditions laid down in article 1. (2) This convention shall not apply to transportation performed under the terms of any internatLOnal postal convention. PAGENO="1341" AIR LAWS AND TREATIES OF THE WORLD 1335 WARSAW CONVENTION (PROTOCOL) CHAPTER 1 AMENDMENTS TO THE CONVENTION Article I In Article 1 of the Convention- (a) paragraph 2 shall be deleted and replaced by the following: "2. For the purposes of this Convention, the expression inter- national carriage means any carriage in which, according to the agreement between the parties, the place of departure and the place of destination, whether or not there be a break in the car- riage or a transshipment, are situated either within the territories of two High Contracting Parties or within the territory of a single High Contracting Party if there is an agreed stopping place within the territory of another State, even if that State is not a High Contracting Party. Carriage between two points within the territory of a single High Contracting Party without an agreed stopping place within the territory of another State is not international carriage for the purposes of this Convention." (b) paragraph 3 shall be deleted and replaced by the following: "3. Carriage to be performed by several successive air carriers is deemed, for the purposes of this Convention, to be one undi- vided carriage if it has been regarded by the parties as a single operation, whether it had been agreed upon under the form of a single contract or of a series of contracts, and it does not lose its international character merely because one contract or a series of contracts is to be performed entirely within the territory of the same State.". Article II In Article 2 of the Convention- paragraph 2 shall be deleted and replaced by the following: "2. This Convention shall not apply to carriage of mail and postal... packages." PAGENO="1342" 1336 AIR LAWS AND TREATIES OF THE WORLD WARSAW CONVENTION Ci~rri~ II. TRANSPORTATION DoCUMENTS SECTION 1.-PASSENGER TICK~P Article S (1) For the transportatic~n of passengers the carrier must deliver a passenger ticket which shall, contain the' following particulars: (a) The place and date of issue; (b) The place of departure and of destination; (a) The agreed stopping places, provided that the' carrier may reserve the right to alter the stopping places in case of necessity, and that if he exercises that right, the alteration shall not have the effect of depriving the transportation of its international character; (d) The name and address of the carrier or carriers; (a) A statement that the transportation is subject to the rules. relating to liability established by this convention. (2) The absence, irregularity, or loss of the passenger ticket shell not affect the existence or the validity of the contract of transporta- tion, which shall none the less be subject to the rules of this conven- tion. Nevertheless, if the carrier accepts a passenger without a pas- senger ticket having been delivered he shall not be entitled to avail himself of those provisions of this convention which exclude or limit his liability.. PAGENO="1343" AIR LAWS AND TREATIES OF THE WORLD 1337 WARSAW CONVENTION (PROTOCOL) A'~ticZe III In Article 3 of the Convention- (a) paragraph 1 shall be deleted and replaced by the following: "1. In respect of the carriage of passengers a ticket shall be delivered containing: (a) an indication of the places of departure and destination; (b) if the places of departure and destination are within the territory of a single High Contracting Party, one or more agreed stopping places being within the territory of another State, an indication of at least one such stopping place; (c) a notice to the effect that, if the passenger's journey in- volves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention may be appli- cable and that the Convention governs and in most cases limits the liability of carriers for death or personal injury and in respect of loss of or damage to baggage." (b) paragraph 2 shall be deleted and replaced by the following: "2. The passenger ticket shall constitute pri~'ma fade evidence of the conclusion and conditions of the contract of carriage. The absence, irregularity or loss of the passenger ticket does not affect the existence or the validity of the contract of carriage which shall, none the less, be subject to the rules of this Convention. Nevertheless, if, with the consent of the carrier, the passenger embarks without a passenger ticket having been delivered, or if the ticket does, not include the notice required by paragraph 1 (c) of this Article, the carrier shall not be entitled to avail himself, of the. provisions of Article 22." PAGENO="1344" 1338 AIR LAWS AND TREATIES OF THE WORLD WARSAW CONVENTION SECTION IL-BAGOAGE CHECK Article 4 (1) For the transportation of baggage, other than small personal objects of which the passenger takes charge himself, the carrier must deliver a baggage check. (2) The baggage check shall be made out in duplicate, one part for the passenger and the other part for the carrier. (3) The baggage check shall contain the following particulars: (a) The place and date of issue; (b) The place of departure and of destination; (c) The name and address of the carrier or carriers; (d) The number of the passenger ticket; (e) A statement that delivery of the baggage will be made to the bearer of the baggage check; (f) The number and weight of the packages; (g) The amount of the value declared in accordance with article 22(2); (h) A statement that the transportation is subject to the rules re- lating to liability established by this convention. (4) The absence, irregularity, or loss of the baggage check shall not affect the existence or the validity of the contract of transportation which shall none the less be subject to the rules of this convention. Nevertheless, if the carrier accepts baggage without a baggage check having been delivered, or if the baggage check does not contain the particulars set out at (d), (f), and (It) above, the carrier shall not be entitled to avail himself of those provisions of the convention which exclude or limit his liability. PAGENO="1345" AIR LAWS AND TREATIES OF THE WORLD 1339 WARSAW CONVENTION (PROTOCOL) Article IV In Article 4 of the Convention- (a) paragraphs 1, 2, and 3 shall be deleted and replaced by the fol- lowing: "1. In respect of the carriage of registered baggage, a baggage check shall be delivered, which, unless combined with or in- corporated in a passenger ticket ~which complies with the pro- visions of Article 3, paragraph 1, shall contain: (a) an indication of the places of departure and desti- nation; (b) if the places of departure and destination are within the territory of a single High Contracting Party, one or more agreed stopping places being within the territory of an- other State, an mdication of at least one such stopping place; (c) a notice to the effect that; if the carriage involves an ultimate destination or stop in a country other than the coun- try of departure, the Warsaw Convention may be applicable and that the Convention governs and in most cases limits the liability of carriers in respect of loss of or damage to baggage." (b) paragraph 4 shall be deleted and replaced by the following: "2. The baggage check shall constitute prima fade evidence of the registration of the baggage and of the conditions of the contract of carriage. The absence, irregularity or loss of the baggage check does nc~t affect the~ existence or the validity of the contract of carriage which shall, none the less, be subject to the rules of this Convention. Nevertheless, if the carrier takes charge of the baggage without a baggage check having been delivered or if the baggage check (unless combined with or in- corporated in the passenger ticket which complies with the pro- visions of Article 3, paragraph 1 (c)) does not include the no- tice required by paragraph 1 (c) of this Article, he shall not be entitled to avail himself of the provisions of Article 22, para- graph 2." 67717 O-61---85 PAGENO="1346" 1340 AIR LAWS AND TREATIES OF THE WORLD WARSAW CONVENTION SECTION m.-AIR WAYBILL Article 5 (1) Every carrier of goods has the right to require the consignor to make out and hand over to him a document called an "air waybill"; every consignor has the right to require the carrier to accept this document. (2) The absence, irregularity, or loss of this document shall not affect the existence or the validity of the contract of transportation which shall, subject to the provisions of article 9, be none the less governed by the rules of this convention. Article C (1) The air waybill shall be made out by the consignor in three original parts and be handed over with the goods. (2) The first part shall be marked "for the carrier", and shall be signed by the consignor. The second part, shall be marked "for the consignee"; it shall be signed by the consignor and by the carrier and shall accompany the goods! The third part shall be signed by the carrier and handed by him to the consignor after the goods have been accepted. - (3) The carrier shall sign on acceptance of the goods. (4) The signature of the carrier may be stamped; that of the con- signor may be printed or stamped. (5) If, at the request of the consignor, the carrier makes out the air waybill, he shall be deemed, subject to proof to the contrary, to have done so on behalf of the consignor. Article 7 The carrier of goods has the right to require the consignor to make out separate waybills when there is more than one package. PAGENO="1347" AIR LAWS AND TREATIES OF THE WORLD 1341 WARSAW CONVENTION (PROTOCOL) ArtieleV In Article 6 of the Convention- paragraph 3 shall be deleted and replaced by the following: "3. The carrier shall sign prior to the loading of the cargo on board the aircraft." PAGENO="1348" 1342 AIR LAWS AND TREATIES OF THE WORLD WARSAW CONVENTION Article 8 The air waybill shall contain the following particulars: a) The place and date of its execution; b) The place of departure and of destmation; c) The agreed stopping places, provided that the carrier may reserve the right to alter the stopping piaces in case of necessity, and that if he exercises that right the alteration shall not have the effect of depriving the transportation of its international character; d) The name and address of the consignor; e) The name and address of the first carrier; f) The name and address of the consignee, if the case so re~quires; g) The nature of the goods; (h) The number of packages, the method of packing, and the par- ticular marks or numbers upon them; (i) The weight, the quantity, the volume, or dimensions of the goods; (5) The apparent condition of the goods and of the packing; (k) The freight, if it has been agreed upon, the date and place of payment, and the person who is to pay it; (1) If the goods are sent for payment on delivery, the price of the goods, and, if the case so requires, the amount of the expenses incurred; (m) Th3 amount of the value declared in accordance with article 22(2); (n) The number of parts of the air waybill; (o) The documents handed to the carrier to accompany the air waybill; (p) The time fixed for the completion of the transportation and a brief note of the route to be followed, if these matters have been agreed upon; (q) A statement that the transportation is subject to the rules relating to liability established by this convention. Article 9 If the carrier accepts goods without an air waybill having been made out, or if the air waybill. does not contain all the particulars sUet out in article 8 (a) to (i), inclusive, and (q), the carrier shall not be entitled to avail himself of the provisions of this convention which exclude or limit his liability. PAGENO="1349" AIR LAWS AND TREATIES OF THE WORLD 1343 WARSAW CONVENTION (PROTOCOL) Article VI Article 8 of the Convention shall be deleted and replaced by the following: "The air waybill shall contain: (a) an indication of the places of departure and des~ tination; (b) if the places of departure and destination are with- in the territory of a single High Contracting Party, one or more agreed stopping places being within the territory of another State, an indication of at least one such stopping place; (c) a notice to the consignor to the effect that, if the car- riage involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Con- vention may be applicable and `that the Convention governs and in most cases limits the liability of carriers in respect of loss of or damage to cargo." Article VII Article 9 of the Convention shall be deleted and replaced by the following: "If, with the consent of the carrier, cargo is loaded on board the aircraft without an air waybill having been made out, or if the air waybill does not include the notice required by Article ~`, paragraph (c), the carrier shall not be entitled to avail him- self of the provisions of Article 22, paragraph 2." PAGENO="1350" 1344 AIR LAWS AND TREATIES OF THE WORLD WARSAW CONVENTION Article 10 (1) The consignor shall be responsible for the correctness of the particulars and statements relating to the goods which he inserts in the air waybill. (2) The consignor shall be liable for all damages suffered by the carrier or any other person by reason of the irregularity, incorrectness or incompleteness of the said particulars and statements. Article 11 (1) The air waybill shall be prima facie evidence of the conclusion of the contract, of the receipt of the goods and of the conditions of transportation. (2) The statements in the air waybill relating to the weight, dimensions, and packing of the goods, as well as those relating to the number of packages, shall be prima facie evidence of the facts stated; those relating to the quantity, volume, and condition of the goods shall not constitute evidence against the carrier except so far as they both have been, and are stated in the air waybill to have been, checked by him in the presence of the consignor, or relate to the apparent condition of the goods. Article 1~3 (1) Subject to his liability to carry out all his obligations under the contract of transportation, the consignor shall have the right to dispose of the goods by withdrawing them at the airport of departure or destination, or by stopping them in the course of the journey on any landing, or by calling for them to be delivered at the place of destination, or in the course of the journey to a person other than the consignee named in the air waybill, or by requiring them to be re- turned to the airport of departure. He must not exercise this right of disposition in such a way as to prejudice the carrier or other consignors, and he must repay any expenses occasioned by the exercise of this right. (2) If it is impossible to carry out the orders of the consignor the carrier must so inform him forthwith. (3) If the carrier obeys the orders of the consignor for the dispo- sition of the goods without requiring the production of the part of the air waybill delivered to the latter, he will be liable, without prejudice to his right of recovery from the consignor, for any damage which may be caused thereby to any person who is lawfully in possession of that part of the air waybill. (4) The right conferred on the consignor shall cease at the moment when that of the consignce begins in accordance with article 13, below. Nevertheless, if the consignee declines to accept the waybill or the goods, or if he cannot be communicated with, the consignor shall resume his right of disposition. PAGENO="1351" AIR LAWS AND TREATIES OF THE WORLD 1345 WARSAW CONVENTION (PROTOCOL) Article VIII In Article 10 of the Convention- paragraph 2 shall be deleted and replaced by the following: "2. The consignor shall indemnify the carrier against all dam- age suffered by him, or by any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incom- pleteness of the particulars. and statements furnished by the consignor." PAGENO="1352" 1346 AIR LAWS AND TREATIES OF THE WORLD WARSAW CONVENTION Article 13 (1) Except in the circumstances set out in the preceding article, the consignee shall be entitled, on arrival of the goods at the place of destination, to require the carrier to hand over to him the air waybill and to deliver the goods to him, on payment of the charges due and on complying with the conditions of transportation set out in the air waybill. * (2) Unless it is otherwise agreed, it shall be the duty of the carrier to give notice to the consignee as soon as the goods arrive. (3) If the carrier admits the loss of the goods, or if the goods have not arrived at the'expiration of seven days after the date on which they ought to have arrived, the consignee shall be entitled to put into force against the carrier the rights which flow from the contract of transportation. Article 14 The consignor and the consignee can respectively enforce all the rights given them by articles 12 and 13, each in his own name, whether he is acting in his own interest or in the interest of another, provided that he carries out the obligations imposed by the contract. Article 15 (1) Articles 12, 13, and 14 shall not affect either the relations of the consignor and the consignee with each other or the relations of third parties whose rights are derived either from the consignor or from the consignee. (2) The provisions of articles 12, 13, and 14 can only be varied by express provision in the air waybill. Article 16 (1) The consignor must furnish such information and attach to the air waybill such documents as are necessary to meet the formalities of customs, octroi, or police before the goods can be delivered to the consignee. The consignor shall be liable to the carrier for any damage occasioned by the absence, insufficiency, or irregularity of any such information or documents, unless the damage is due to the fault of the carrier or his agents. (2) The carrier is under no obligation to inquire into the correctness or sufficiency of such information or documents. PAGENO="1353" AIR LAWS AND TREATIES OF THE WORLD 1347 WARSAW CONVENTION (PROTOCOL) Article IX To Article 15 of the Convention- the following paragraph shall be added: "3. Nothing in this Convention prevents the issue of a nego- tiable air waybill." PAGENO="1354" 1348 AIR LAWS AND TREATIES OF THE WORLD WARSAW CONVENTION CHAPrER III. LIABILITY OF ~ GABBIER Article 17 The carrier shall be liable for damage sustained in the event of the death or wounding of a passenger or any other bodily injury suffered by a passenger, if the accident which caused the damage so sustained took place on board the aircraft or in the course of any of the opera~ tions of embarking or disembarking. Article 18 (1) The carrier shall be liable for damage sustained in the event of the destruction or loss of, or of damage to, any checked baggage or any goods, if the occurrence which caused the damage so sustained took place during the transportation by air. (2) The transportation by air within the meaning of the preceding paragraph shall comprise the period during which the baggage or goods are in charge of the carrier, whether in an airport or on board an aircraft, or, in the case of a landing outside an airport, in any place whatsoever. (3) The period of the transportation by air shall not extend to any transportation by land, by sea, or by river performed outside an air- port. if, however, such transportation takes place in the performance of a contract for transportation by air, for the purpose of loading, delivery or transshipment, any damage is presumed, subject to proof to the contrary, to have been the result of an event which took place during the transportation by air. Article 19 The carrier shall be liable for damage occasioned by delay in the transportation by air of passengers, baggage, or goods. Article ~O (1) The carrier shall not be liable if he proves that he and his agents have taken all necessary measures to avoid the damage or that it was impossible for him or them to take such measures. (2) In the transportation of goods and baggage the carrier shall riot be liable if he proves that the damage was occasioned by an error in piloting, in the handling of the aircraft, or in navigation and that, in all other respects, he and his agents have taken all necessary meas- ures to avoid the damage. Article ~1 If the carrier proves that the damage was cause.d by or contributed to by the negligence of the injured person the court may, in accordance with the provisions of its own law, exonerate the carrier wholly or partly from his liability. PAGENO="1355" AIR LAWS AND TREATIES OF THE WORLD 1349 WARSAW CONVENTION (PROTOCOL) Article I Paragraph 2 of Article 20 of the Convention shall be deleted. PAGENO="1356" 1350 AIR LAWS AND TREATIES OF THE WORLD WARSAW CONVENTION Article ~ (1) In the transportation. of passengers the liability of the carrier for each passenger shall be limited to the sum of 125,000 francs. Where, in accordance with the law of the court to which the case is submitted, damages may be awarded in the form of periodical pay~ ments, the equivalent capital value of the said payments shall not exceed 125,000 francs. Nevertheless, by special contract, the carrier and the passenger may agree to a higher limit of liability. (2) In the transportation of checked baggage and of goods, the liability of the carrier shall be limited to a sum of 250 francs per kilo- gram, unless the consignor has made, at the time when the package was handed over to the carrier, a special declaration of the value at delivery and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless he proves that that sum is greater than the actual value to the consignor at delivery. (3) As regards objects of which the passenger takes charge himself the liability of the carrier shall be limited to 5,000 francs per passenger. (4) The sums mentioned above shall be deemed to refer to the French franc consisting of 651/2 milligrams of gold .at the standard of fineness of nme hundred thousandths. These sums may be converted into any national currency in round figures. PAGENO="1357" AIR LAWS AND TREATIES OF THE WORLD 1351 WARSAW CONVENTION (PROTOCOL) Article XI Article 22 of the Convention shall be deleted and replaced by the following: "Article ~ 1. In the carriage of persons the liability of the carrier for each passenger is limited to the sum of two hundred and fifty thousand francs. Where, in accordance with the law of the court seised of the case, damages may be awarded in the form of periodical pay- ments, the equivalent capital value of the said payments shall not exceed two hundred and fifty thousand francs. Nevertheless, by special contract, the carrier and the passenger may agree to a higher limit of liability. 2. (a) In the carriage of registered baggage and of cargo, the liability of the carrier is limited to a sum of two hundred and fifty francs per kilogramme, unless the passenger or consignor has made, at the time when the package was handed over to the car- rier, a special declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless he proves that that sum is greater than the passen~er's or consignor's actual interest in delivery at destination. (b) In the case of loss, damage or delay of part of registered baggage or cargo, or of any object contained therein, the weight to be taken into consideration in determining the amount to which the carrier's liability is limited shall be only the total weight of the package or packages concerned. Nevertheless, when the loss, damage or delay of a part of the registered baggage or cargo, or of an object contained therein, affects the value of other packages covered by the same baggage check or the same air waybill, the total weight of such package or packages shall also be taken intc consideration in determining the limit of liability. 3. As regards objects of which the passenger takes charge him- self the liability of the carrier is limited to five thousand francs per passenger. 4. The limits prescribed in this article shall not prevent the court from awarding, in accordance with its own law, in addi- tion, the whole or part of the court costs and of the other expenses of the litigation incurred by the plaintiff. The foregoing pro- vision shall not apply if the amount of the damages awarded, ex- cluding court costs and other expenses of the litigation, does not exceed the sum which the carrier has offere4 in writing to the plaintiff within a period of six months from the date of the oc- currence causing the damage, or before the commencement of the action, if that is later. 5. The sums mentioned in francs in this Article shall be deemed to refer to a currency unit consisting of sixty-five and a half milli- grammes of gold of mifiesimal fineness nine hundred. These sums may be converted into national currencies in round figures. Conversion of the sums into national currencies other than gold shall, in case of judicial proceedings, be made according to the gold value of such currencies at the date of the judgment." PAGENO="1358" 13~2 AIR LAWS AND TREATIES OF THE WORLD WARSAW CONVENTION Article ~ Any provision tending to relieve the carrier of liability or to fix a lower limit than that which is laid down in this convention shall be null and void, but the nullity of any such provision shall not involve the nullity of the whole contract, which shall remain subject to the provisions of this convention. Article ~34 (1) In the cases covered by articles 18 and 19 any action for dam- ages, however founded, can only be brought subject to the condiLons and limits set out in this convention. (2) In the cases covered by article 17 the provisions of the pre- ceding paragraph shall also apply, without prejudice to the questions as to who are the persons who have the right to bring suit and what are their respective rights. Article ~5 (1) The carrier shall not be entitled to avail himself of the pro- visions of this convention which exclude or limit his liability, if the damage is caused by his wilful misconduct or by such default on his part as, in accordance with the law of the court to which the case is submitted, is considered to be equivalent to wilful misconduct. (2) Similarly the carrier shall not be entitled to avail himself of the said provisions, if the damage is caused under tne same circum- etances by any agent of the carrier acting within the scope of his employment. Article ~6 (1) Receipt by the person entitled to the delivery of baggage or goods without complaint shall be prima facie evidence that the same have been delivered in good condition and in accordance with the document of transportation. (2) In case of damage, the person entitled to delivery must com- plain to the carrier forthwith after the discovery of the damage, and, at the latest, within 3 days from the date of receipt in the case of baggage and 7 days from the date of receipt in the case of goods. In case of delay the complaint must be made at the latest within 14 days from the date on which the baggage or goods have been placed at his disposal. (3) Every complaint must be made in writing upon the document of transportation or by separate notice in writing dispatched within the times aforesaid. (4) Failing complaint within the times aforesaid, no action shall lie against the carrier, save in the case of fraud on his part. PAGENO="1359" AIR LAWS AND TREATIES OF THE WORLD 1353 WARSAW CON\TENTION (PROTOCOL) Article XII In Article 23 of the Convention, the existing provision shall be re- numbered as paragraph 1 and another~ paragraph shall be added as follows: "2. Paragraph I of this Article shall not apply to provisions governing loss or damage resulting from the inherent defect, quality or vice of the cargo carried." Article XIII In Article 25 of the Convention-paragraphs 1 and 2 shall be de- leted and replaced by the following: "The limits of liability specified in Article 22 shall not apply if it is proved that the damage resulted from an act or omission of the carrier, his servants or agents, done with intent to cause dam- age or recklessly and with knowledge that damage would prob- ably result; provided that, in the case of such act or omission of a servant or agent, it is also proved that he was acting within the scope of his employment." Article X1V After Article 25 of the Convention, the following article shall be inserted: "Article 25 A 1. If an action is brought against a servant or agent of the carrier arising out of damage to which this Convention relates, such servant or agent, if he proves that he acted within the scope of his employment, shall be entitled to avail himself of the limits of liability which that carrier himself is entitled to invoke under Article 22. 2. The aggregate of the amounts recoverable from the carrier, his servants and agents, in that case, shall not exceed the said limits. 3. The provisions of paragraphs 1 and 2 of this article shall not apply if it is proved that the damage resulted from an act or omission of the servant or agent done with intent to cause dam- age or recklessly and with knowledge that damage would prob- ably result." Article XV In Article 26 of the Convention-paragraph 2 shall be deleted and replaced by the following: "2. In the case of damage, the person entitled to delivery must complain to the carrier forthwith after the discovery of the dam- age, and, at the latest, within seven days from the date of receipt in the case of baggage and fourteen days from the date of receiptS in the case of cargo. In the case of delay the complaint must be made at the latest within twenty-one days from the date on which the baggage or cargo have been placed at his disposal." PAGENO="1360" 1354 AIR LAWS AND TREATIES OF THE WORLD WARSAW CONVENTION Article 27 In the case of the death of the person liable, an action for damages lies in accordance with the terms of this convention against those legally representing his estate. Article 28 (1) An action for damages must be brought, at the option of the plaintiff, in the territory of one of the High Contracting Parties, either before the court of the domicile of the carrier or of his principal place of business, or where he has a place of business through which the contract has been made, or before the court at the place of destination. (2) Questions of procedure shall be governed by the law of the court to which the case is submitted. Article 29 (1) The right tO damages shall be extinguished if an action is not brought within 2 years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the transportation stopped. (2) The method of calculating the period of limitation shall be determined by the law of the court to which the case is submitted. Article 30 (1) In the case of transportation to be performed by various suc- cessive carriers and falling within the definition set out in the third paragraph of article 1, each carrier who accepts passengers, baggage or goods shall be subject to the rules set out in this convention, and shall be deemed to be one of the contracting parties to the contract of transportation insofar as the contract deals with that part of the trans- portation which is performed under his supervision. (2) In the case of transportation of this nature, the passenger or his representative can take action oniy against the carrier who per- formed the transportation during which the accident or the delay occurred, save in the case where, by express agreement, the first carrier has assumed liability for the whole journey. (3) As regards baggage or goods, the passenger or consignor shall have a right of action against the first carrier, and the passenger or consignee who is entitled to delivery shall have a right of action against the last carrier, and further, each may take action against the carrier who performed the transportation during which the de- struction, loss, damage, or delay took place. These carriers shall be jointly and severally liable to the passenger or to the consignor or consignee. PAGENO="1361" 67717 O-61------86 PAGENO="1362" 1356 AIR LAWS AND TREATIES OF THE WORLD WARSAW CONVENTION CHAPTER IV. PROVISIONS RELATING TO COMBINED TRANSPORTATION Article 31 (1) In the case of combined transportation performed partly by air and partly by any other mode of transportation, the provisions of this convention shall apply only to the transportation by air, provided that the transportation by air falls within the terms of article 1. (2) Nothing in this convention shall prevent the parties in the case of combined transportation from inserting in the document of air transportation conditions relating to other modes of transportation, provided that the provisions of this convention are observed as regards the transportation by air. CHAPTER V. GENERAL AND FINAL PRovIsIoNs Article 8~3 Any clause contained in the contract and all special agreements entered into before the damage occurred by which the parties purport to infringe the rules laid down by this convention, whether by deciding the law to be applied, or by altering the rules as to jurisdiction, shall be null and void. Nevertheless for the transportation of goods arbi~ tration clauses shall be allowed, subject to this convention, if the arbitration is to take place within one of the jurisdictions referred to in the first paragraph of article 28. Article 33 Nothing contained in this convention shall prevent the carrier either from refusing to enter into any contract of transportation or from making regulations which do not conflict with the provisions of this convention. Article 34 This convention shall not apply to international transportation by air performed by way of experimental trial by air navigation enter~ prises with the view to the establishment of regular lines of air naviga.. tion, nor shall it apply to transportation performed in extraordinary circumstances outside the normal scope of an air carrier's business. Article 35 The expressi~on "days" when used in this convention means current days, not working days. PAGENO="1363" AIR LAWS AND TREATIES OF THE WORLD 1357 WARSAW CONVENTION (PROTOCOL) Article XVI Article 34 Of the Convention shall be deleted and replaced by the following: "The provisions of Articles 3 to 9 inclusive relating to doe- uments of carriage shall not apply in the case of carriage per- formed in extraordinary circumstances outside the normal scope of an air carrier's business." PAGENO="1364" 1358 AIR LAWS AND TREATIES OF THE WORLD WARSAW CONVENTION Article $6 This convention is drawn up in French in a single copy which shall remain deposited in the archives of the Ministry for Foreign Affairs of Poland and of which one duly certified copy shall be sent by the Polish Government to the Government of each of the High Contracting Parties. Article 37 (1) This ~onvention shall be ratified. The instruments of ratifica~ tion shall be deposited in the archives of the Ministry for Foreign ~.ffairs of Poland, which shall give notice of the deposit to the Govern~ ment of each of the High Contracting Parties. (2) As soon as this convention shall have been ratified by five of the High Contracting Parties it shall some into force as between them on the ninetieth day after the deposit of the fifth ratification. Thereafter it shall come into force between the High Contracting Parties which shall have ratified and the High Contracting Party which deposits its instrument of ratification on the ninetieth day after the deposit. (3) It shall be the duty of the Government of the Republic of Poland to notify the Government of each of the High Contracting Parties of the date on which this convention comes into force as well as the date of the deposit of each ratification. Article 38 (1) This convention shall, after it has come into force, remain open for adherence by any state. (2) The adherence shall be effected by a notification addressed to the Government of the Republic of Poland, which shall inform the Government of each of the High Contracting Parties thereof. (3) The adherence shall take effect as from the ninetieth day after the notification made to the Government of the Republic of Poland. Article 39 (1) Any one pf the High Contracting Parties may denounce this convention by a notification addressed to the Government of the Republic of Poland, which shall at once inform the Government of each of the High Contracting Parties. (2) Denunciation shall take effect six months after the notification of denunciation, and shall operate only as regards the party which shall have proceeded to denunciation. PAGENO="1365" PAGENO="1366" 1360 AIR LAWS AND TREATIES OF THE WORLD WARSAW CONVENTION Article 40 (1) Any High Contracting Party may, at the time of signature or of deposit of ratification or of adherence, declare that the acceptance which it gives to this convention does not apply to all or any of its colonies, protectorates, territories under mandate, or any other terri- tory subject to its sovereignty or its authority, or any other territory under its suzerainty. (2) Accordingly any High Contracting Party may subsequently adhere separately in the name of all or any of its colonies, protec- torates, territories under mandate, or any other territory subject to its sovereignty or to its authority or any other territory under its suzerainty which have been thus excluded by its original declaration. (3) Any High Contracting Party may lenounce this convention, in accordance with its provisions, separately or for all or any of its colonies, protectorates, territories under mandate, or any other terri- tory subject to its sovereignty or to its authority, or any other terri- tory under its suzerainty. PAGENO="1367" AIR LAWS AND TREATIES OF THE WORLD 1361 WARSAW CONVENTION (PROTOCOL) Article XVII After Article 40 of the Convention, the following Article shall be inserted: "Article 40 A 1. In Article 37, paragraph 2 and Article 40, paragraph 1, the expression High Contracting Party shall mean State. In all other cases, the expression High Contracting Party shall mean a State whose ratification of or adherence to the Con- vention has become effective and whose denunciation thereof has not become effective. 2. For the purposes of the Convention the word territory means not only the metropolitan territory of a State but also all other territories for the foreign relations of which that State is responsible." PAGENO="1368" 1362 AIR LAWS ~D TREATIES OF THE WORLD WARSAW CONVENTION Article 41 Any High Contracting Party shall be entitled not earlier than two years after the coming into force of this convention to call for the assembling of a new international conference in order to consider any improvements which may be made in this convention. To this end it will communicate with the Government of the French Republic which will take the necessary measures to make preparations for such conference. This convention, done at Warsaw on October 12, 1929, shall remain open for signature until January 31, 1930. For Germany: R. R~CIITER 1)r. A. WE(;Elwr Dr. E. A1J~REcH1' Dr. Orro itlEsE For Austria: STROBELE REINOEHL For Belgium: BERNARD DE L'ESCAILLE For the United States of Brazil: ALCIBLADES PEçANHA For Bulgaria: For China: For Denmark: L. INGERSLEV KNtTD GREGERSEN For Egypt: For Spain: SILvrn F~iNANDEZ-VALUN For Estonia: For Finland: For France: PT1~1mE I~TIENNE FLANDIN GEORGES RIPERT For Great Britain and Northern Ireland: A. H. DENNIS 011MB CLARKE R. L. MEGARRY For the Co'mm,onwealth of Australia: A. H. DENNIS ORME CLARKE R. L. MEGARRY For the Union of South Africa: A. H. DENNIS ORME CLARKE R. L. MEGARRY For the Hellenic Republic: G. C. LAGOUDAKIS For Hungary: For Italy: A. GIANNINI PAGENO="1369" AIR LAWS AND TREATIES OF THE WORLD 1363 WARSAW CONVENTION (PROTOCOL) CHAPTER II SCOPE OP APPLICATION OF THE CONVENTION AS AMENDED Article XVIII The Convention as amended by this Protocol shall apply to interna- tional carriage as defined in Article 1 of the Convention provided that the places of departure and destination referred to in tkat Article are situated either in the territories of two parties to this Protocol or within the territory of a single party to this Protocol with an agreed stopping place within the territory of another State. CHAPTER III FINAL CLAUSES Article XIX As between the Parties to this Protocol, the Convention and the Protocol shall be read and interpreted together as one single instru- ment and shall be known as the Warsaw Uon'vention a~ amended at The Hague, 1955. Article XX Until the date on which this Protocol comes into force in accordance with the provisions of Article XXII, paragraph 1, it shall remain open for signature on behalf of any State which up to that date has ratified or adhered to the Convention or which has participated in the Conference at which this Protocol was adopted. Article XXI 1. This Protocol shall be subject to ratification by the signatory States. 2. Ratification of this Protocol by any State which is not a Party to the Convention shall have the effect of adherence to the Convention as amended by this Protocol. 3. The instruments of ratification shall be deposited with the Gov- ernment of the People's Republic of Poland. Article XXII 1. As soon as thirty signatory States have deposited their instru- ments of ratification of this Protocol, it shall come into force between them on the ninetieth day after the deposit of the thirtieth instrument of ratification. It shall come into force for each State ratifying thereafter on the ninetieth day after the deposit of its instrument of ratification. 2. As soon as this Protocol comes into force it shall be registered with the United Nations by the Government of the People's Republic of Poland. PAGENO="1370" 1364 AIR LAWS AND TREATIES OF THE WORLD WARSAW CONVENTION For Japan: KAZUO NISHIKAWA For Latvia: M. NUK~A For Lucvem~burg: E. ARENDT For Mectyico: For Norway: N. Cmi. Dn~rm For the Netherlands: W. B. ENGELBRECHT. For Poland: Auausri~ Z~i~si~i AT.1poNs Kt~HN For Rumania: G. GRETZIANO For Sweden: For S'witzerlancl: EDM. PITTARD Dr. F. HEss For Czechoslovakia: Dr. V. GIRSA For the Union of Soviet Socialist Republics: KoTzurnNsKY For Venezuela: For Yugoslavia: Ivo DR GIur~LI Additional Protocol With Reference to Article ~ The High Contracting Parties reserve to themselves the right to declare at the time of ratification or of adherence that the first para- graph of article 2 of this convention shall not apply to international transportation by air performed directly by the state, its colonies, protectorates, or mandated territories, or by any other territory under its sovereignty, suzerainty, or authority. For Germany: IL Ricirrrn Dr. A. WEGERDT Dr. E. ALBREOHT Dr. OTTO RIESE For Austria: STROBELE REINOEHL For Belgium: BERNARD DE L'EsCAILLE For the United States of Brazil: ALCIBIADES PEçANHA For Bulgaria: For China: For Denmark: L. INGERSLEV KNUo GREGERSEN PAGENO="1371" AIR LAWS AND TREATIES OF THE WORLD 1365 WARSAW CONVENTION (PROTOCOL) Article XXIII 1. This Protocol shall, after it has come into force, be open for ad- herence by any non-signatory State. 2. Adherence to this Protocol by any State which is not a Party to the Convention shall have the effect of adherence to the Convention as amended by this Protocol. 3. Adherence shall be effected by the deposit of an instrument of adherence with the Government of the People's Republic of Poland and shall take effect on the ninetieth day after the deposit. Article XXIV 1. Any Party to this Protocol may denounce the Protocol by noti- fication addressed to the Government of the People's Republic of Poland. 2. Denunciation shall take effect six months after the date of receipt by the Government of the People's Republic of Poland of the notifica- tion of denunciation. 3. As between the Parties to this Protocol, denunciation by any of them of the Convention in accordance with Article 39 thereof shall not be construed in any way as a denunciation of the Convention as amended by this Protocol. Article XXV 1. This Protocol shall apply to all territories for the foreign rela- tions of which a State Party to this Protocol is responsible, with the exception of territories in respect of which a declaration has been made in accordance with paragraph 2 of this Article. 2. Any State may, at the time of deposit of its instrument of ratifica- tion or adherence, declare that its acceptance of this Protocol does not apply to any one or more of the territories for the foreign relations of which such State is responsible. 3. Any State may subsequently, by notification to the Government of the People's Republic of Poland, extend the application of this Protocol to any or all of the territories regarding which it has made a declaration in accordance with paragraph 2 of this Article. The notification shall take effect on the ninetieth day after its receipt by that Government. 4. Any State Party to this Protocol may denounce it, in accordance with the provisions of Article XXIV, paragraph 1, separately for any or all of the territories for the foreign relations of which such State is responsible. Article XXVI No reservation may be made to this Protocol except that a State may at any time declare by a notification addressed to the Government of the People's Republic of Poland that the Convention as amended by this Protocol shall not apply to the carriage of persons, cargo and baggage for its military authorities on aircraft, registered in that State, the whole capacity of which has been reserved by or on behalf of such authorities. PAGENO="1372" 1366 AIR LAWS AND TREATIES OF THE WORLD WARSAW CONVENTION For Egypt: For Spain: SILvIo FERNANDEZ-VALLIN For Estonia: For Finland: For France: Pri~iuu~ ETIENNE FI~n)IN GEORGES RIrEltr For Great Britain and Northern Ireland: A. H. DENNIS Oiu~n~ CLARKE R. L. MEGARRY For the Convmonwealth of Australia: A. H. DENNIS ORME CLARKE R. L. MEG~&RRY For the Union of South Africa: A. H. DENNIS ORME CLARKE R. L. MEGARRY For the Hellenic Republic: G. C. LAGOtJDAKIS For Hungary: For italy: A. GIANNINI For Japan: KAZUo NISHIKAWA For Latvia: M. NUK~A For Luccemburg: E. ARENDT For Mexico: For Norway: N. CHR. DITLEFF For the Netherlands: W. B. ENGELBREOJIT For Poland: Auous~ri~ ZALESKI ALFONS KunN For Run-tania: G. CRETZIANO For Sweden: For Switzerland: EDM. PITrARD Dr. F. HESS For Czechoslovaicia: Dr. V. Gn~sA For the Union of Soviet Socialist Republics: KOTZUBINSKY For Venezuela: For Yugoslavia: Ivo DE Giuui PAGENO="1373" AIR LAWS AND TREATIES OF THE WORLD 1367 WARSAW CONVENTION (PROTOCOL) Article XXVII The Government of the People's Republic of Poland shaH give im- mediate notice to the Governments of all States signatories to the Convention or this Protocol, all States Parties to the Convention or this Protocol, and all States Members of the International Civil Aviation Organization or of the United Nations and to the International Civil Aviation Organization: (a) of any signature of this Protocol and the date thereof; (b) of the deposit of any instrument of ratification or adher- ence in respect of this Protocol and the date thereof; (c) of the date on which this Protocol comes into force in ac- cordance with Article XXII, paragraph 1; (d) of the receipt of any notification of denunciation and the date thereof; (e) of the receipt of any declaration or notification made under Article XXV and the date thereof; and (f) of the receipt of any notification made under Article XXVI and the date thereof. In Witness Whereof the undersigned Plenipotentiaries, havmg been duly authorized, have signed this Protocol. Done at The Hague on the twenty-eighth day of the month of Sep.. tember of the year One Thousand Nine Hundred and Fifty-five, in three authentic texts in the English, French and Spanish languages. In the case of any inconsistency, the text in the French language, in which language the Convention was drawn up, shall prevail. This Protocol shall be deposited with the Government of the People's Republic of Poland with which, in accordance with Article XX, it shall remain open for signature, and that Government shall send certified copies thereof to the Governments of all States signa- tories to the Convention or this Protocol, all States Parties to the Con- vention or this Protocol, and all States Members of the International Civil Aviation Organization or of the United Nations, and to the In- ternational Civil Aviation Organization. PAGENO="1374" 1368 MR LAWS AND TREATIES OF THE WORLD WARSAW CONVENTION AND WHEREAS the said convention came into force on February 13, 1933, and, pursuant to a provision of the first paragraph of Article. 38, remained open thereafter for adherence by any state; AND WHEREAS the said convention and the said additional protocol have been definitively adhered to by the United States of America, subject to the reservation, as is provided for in the additional protocol, that the first paragraph of Article 2 of the convention shall not apply to international transportation that may be performed by the United States of America or any territory or possession under its jurisdiction, and the instrument of adherence ~as deposited in the archives of the Ministry for Foreign Affairs of Poland on July 31, 1934; AND WHEREAS, in accordance with the third paragraph of Article 38 of the convention, the adherence of the United States of America took effect from the ninetieth day after the said day of deposit., namely, from the twenty-ninth day of October, one thousand nine hundred and thirty-four; Now, THEREFORE, be it known that I, Franklin D. Roosevelt, Presi- dent of the United States of America, have caused the said convention and additional protocol to be made public to the end that the same and every article and clause thereof may be observed and fulfilled with good `faith by the United States of America and the citizens thereof, subject to the reservation aforesaid. * IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the seal of the United States of America to be affixed. DONE at the city of Washington this twenty-ninth day of October, in the year of our Lord one thousand nine hundred and [SEAL] thirty-four, and of the Independence of the United States of America the one hundred and fifty-ninth. FRANKLIN D. ROOSEVELT By the President: WILLIAM PHILLIPs Acting Secretary of State. EDITOR'S NOTE The foregoing convention has been ratified or adhered to by the following countries on the dates indicated: Argentina . March 21, 1952 Australia1 - August 1, 1935 Belgium - July 13, 1936 Brazil May 2, 1931 Bulgaria . June 25, 1949 Burma2 February 24, 1938 Canada2 June 10, 1947 Ceylon December 3, 1934 Czechoslovakia - November 17, 1934 Denmark July 3, 1937 Egypt September 6, 1955 Ethiopia - August 14, 1950 Finland July 3, 1937 France4 November 15, 1932 Germany . September 30, 1933 Ghana - December 3, 1934 Greece . January 11, 1938 Hungary May 29, 1936 1lncludlng Nauru, New Guinea, Norfolk Island and Papua. I Considers itself bound without interruption. Subject to reservation on first paragraph of Article 2. ~ Including colonies. PAGENO="1375" AIR LAWS AND TREATIES OF THE WORLD 1369 WARSAW CONVENTION Ice~an~~~ August 21, 1948 India - November 20, 1934 Indonesia5 July 1, 1933 Ireland - September 20, 1935 - October 8, 1949 Italy6 February 14, 1933 Japan - - May 20, 1953 Laos May 9, 1956 Latvia November 15, 1932 May 2, 1942 May 9, 1934 October 7. 1949 July 4, 136 February 14, 1933 January 5, 1958 July 1, 1933 April 6, 1937 July 3, 1937 November 9, 1950 November 15, 1932 March 20, 1947 July 8, 1931 March 31, 1930 July 3, 1937 May 9, 1934 December 22, 1954 August 20, 1934 February 14, 1933 February 24, 1938 September 14, 1938 December 3, 1934 December 3, 1934 September 2, 1952 September 2, 1952 December 3, 1934 December 3, 1934 December 3, 1934 July 4, 1936 December 3, 1934 February 14, 1933 December 3, 1934 December 3, 1934 December 3, 1934 December 3, 1934 December 3, 1934 December 3, 1934 December 3, 1934 December 3, 1934 December 3, 1034 December 3, 1934 Luxemburg -_ - Malaya, - Mexico Morocco Netherlands New Zealand Norway Pakistan8 Philippines Poland Portugal Rumania - Spain10 - Sweden - Switzerland Union of South Africa ~ Union of Soviet Socialist Republics - United Kingdom12 - United Kingdom for- Aden (colony) (protectorate) Bahamas Barbados Basutoland Bechuanaland -____ Bermuda British Guiana - BrItish Honduras Brunel Cameroons Channel Islands and Isle of Man Cyprus Falkiand Islands and dependencies Fiji Islands - GambIa Gibraltar Gilbert and Ellice Islands Hong Kong Jamaica (Including Turks, Caicos, and Cayman Islands) -- Kenya - Leeward Islands: Antigua,~ Dominica,12 Montserrat, St. Christopher and Nevis, Virgin Islands Informed Government of Poland on February 2, 1952, that It considers itself obligated by Convention without interruption by ratification on its behalf by Netherlands In 1933. 6 Including colonies and insular possessions In the Aegean Sea. Including Netherlands East Indies, Curacao, and Surinam. S By note dated January 22, 1948, from Karachi, convention "continued to be applicable to Pakistan." Including free city of Danzig. ~° Including colonies and Spanish Morocco. 11 Also Includes Territory of South West Africa. ~ Not including colonies, protectorates, territories under mandate, or any other territory, 13 Since January 1, 1940, Dominlca has been considered one of the Windward Islands. PAGENO="1376" 1370 AIR LAWS AND TREATIES OF THE WORLD WARSAW CONVENTION United Kingdom for-Continued * Malta Mauritius - Nigeria - North Borneo Northern Rhodesia Nyasaland Ascension__ Seychelles Sierra Leone - Singapore Solomon Islands Somaliland Southern Rhodesia Straits Settlements Swaziland - - Tonga Trans-Jordan14 - Trinidad and Tobago Uganda - Viet-Nam Windward Islands: Grenada, St. Lucia, St. Vincent - Zanzibar - United States 15 Venezuela Yugoslavia - 14 Continues applicable to Jordan 6 UNTS 143. ~ Subject to tile reservation that tile first paragraph of Article 2 of the Convention shall not apply to International transportation that may be performed by the Lnited States of America or any territory or possession under its jurisdiction. TRANSLATION DIFFERENCES IN THE UNITED STATES AND BRITISH TEXTS OF THE WARSAW CONVENTION Listed below in the right-hand column are the terms used in the British translation in lieu of those used in the United States transla- tion listed in the left-hand column. St. Helena and December 3, 1934 December 3, 1934 December 3, 1934 July 4, 1936 December 3, 1934 December 3, 1934 December 3, 1934 July 4, 1936 December 3, 1934 December 3, 1934 Deceiiiber 3, 11134 December 3, 1934 December 3, 1934 January 3, 1935 December 3, 1934 September 2, 1952 December 3, 1934 July 4, 1936 December 17, 1937 December 3, 1934 December 3, 1934 September 29, 1958 December 3, 1934 December 3, 1934 July 31, 1934 June 15, 1955 May 27, 1931 (1) (2) (3) (4 (5 (6 (7 (8) (9) (10) United States British future tense "the Convention shall present tense "this Conven- apply." tion applies" transportation carriage Baggage check Luggage Ticket Air Waybill Air Consignment Note Airport Airdrome checked baggage registered luggage error in piloting negligent pilotage Court to which the case is submitted.. Court seized of the case domiciled ordinarily resident adherence accession PAGENO="1377" 67717 0-61-87 PAGENO="1378" 1372 AIR LAWS AND TREATIES OF THE WORLD CONVENTION ON INTERNATIONAL CIVIL AVIATION [61 Stat. 1180] PREAMBLE WHEREAS the future development of international civil aviation can greatly help to create and preserve friendship and understanding among the nations and peoples of the world, yet its abuse can become a threat to the general security; and WHEREAS it is desirable to avoid friction and to promote that coop- eration between nations and peoples upon which the peace of the world depends; THEREFORE, the undersigned governments having agreed on cer- tain principles and arrangements in order that international civil aviation may be developed in a safe and orderly manner and that international air transport services may be established on the basis of equality of opportunity and operated soundly and economically; Have accordingly concluded this Convention to that end. PART I-AIR NAVIGATION CHAFrER I GENERAL PRINCIPLES AND APPLICATION OF THE CONVENTION Article 1 8overeignty The contracting States recognize that every State has complete and exclusive sovereignty over the airspace above its territory. Article 2 Territory For the purpose of this Convention the territory of a State shall be deemed to be the land areas and terri- torial waters adjacent thereto under the sovereignty, suzerainty, protection or mandate of such State. Article 3 9vii~d ttate (a) This Convention shall be applicable only to civil aircraft, and shall not be applicable to state aircraft. (b) Aircraft used in military, customs and police services shall be deemed to be state aircraft. PAGENO="1379" AIR LAWS AND TREATIES OF THE WORLD 1373 (c) No state aircraft of a contracting State shall fl~r over the territory of another State or land thereon with- out authorization by special agreement or otherwise, and in accordance with the terms thereof. (d) The contracting States undertake, when issuiiig regulations for their state aircraft, that they will have due regard for the safety of navigation of civil aircraft. Article 4 Each contracting State agrees not to use civil aviation Misuse of clvii for any purpose inconsistent with the aims of this eon- aviation vention. CHAPTER II FLIGHT OVER TERRITORY OF CONTRACTING STATES Article 5 Each contracting State agrees that all aircraft of the Right of non- scheduled flight other contracting States, being aircraft not engaged in scheduled international air services shall have the right, subject to the observance of the terms of this Convention, to make flights into or in transit non-stop across its territory and to make stops for non-traffic purposes without the necessity of obtaining prior permission, and subject to the right of the State flown over to require landing. Each contracting State nevertheless reserves the rig~t, for reasons of safety of flight, to require aircraft desiring to proceed over regions which are inaccessible or without adequate air navigation facilities to follow prescribed routes, or to obtain special permission for such flights. Such aircraft, if engaged in the carriage of passengers, cargo, or mail for remuneration or hire on other than scheduled international air services, shall also, subject to the provisions of Article 7, have the privilege of taking on or discharging passengers, cargo, or mail, subject to the right of any State where such embarkation or discharge takes place to impose such regulations, conditions or limitations as it may consider desirable. Article C No scheduled international air service may be operated Scheduled air over or into the territory of a contracting State, except s~1ce8 with the special permission or other authorization of that State, and in accordance with the terms of such permission or authorization. Article 7 Each contracting State shall have the right to refuse cabotage permission to the aircraft of other contracting States to take on in its territory passengers, mail and cargo carried PAGENO="1380" 1374 AIR LAWS AND TREATIES OF THE WORLD for remuneration or hire and destined for another point within its territory. Each contracting State undertakes not to enter into any arrangements which specifically grant any such privilege on an exclusive basis to any other State or an airline of any other State, and not to obtain any such exclusive privilege from any other State. Article 8 No aircraft capable of being flown without a pilot shall be flown without a pilot over the territory of a contract- ing State without special authorization by that State and in accordance with the terms of such authorization. Each contracting State undertakes to insure that the flight of such aircraft without a pilot in regipxis open to civil aircraft shall be so controlled as to obviate danger to civil aircraft. Article 9 ~:a?Ited (a) Each contracting State may, for reasons of mili- tary necessity or public safety, restrict or prohibit uni- formly the aircraft of other States from flying over certain areas pf its territory, provided that. no distinction in this respect is made between the aircraft of the State whose territory is involved, engaged in international scheduled airline services, and the aircraft of the other contracting States likewise engaged. Such prohibited areas shall be of reasonable extent and location so as not to interfere unnecessarily with air navigation. Descrip- tions of such prohibited areas in the territory pf a con- tracting State, as well as any subsequent alterations therein, shall be communicated as soon as possible to the other contracting States and to the International Civil Aviation Organization. (b) Each contracting State reserves also the right, in exceptional circumstances or during a period pf emer- gency, or in the interest of public safety, and with im- mediate effect, temporarily to restrict or prohibit flying over the whole or any part of its territory, on condition that such restriction or prohibition shall be applicable without distinction of nationality to aircraft of all other States. (c) Each contracting State, under such regulations as it may prescribe, may require any aircraft entering the areas contemplated in subparagraphs (a) or (b) above to effect a landing as soon as practicable thereafter at some designated airport within its territory. Article 10 Landing at Except in a case where under the terms of this Con- customs airport . . . . . vention or a special authorization, aircraft are permitte to cross the territory of a contracting State without PAGENO="1381" AIR LAWS AND TREATIES OF THE WORLD 1375 landing, every aircraft which enters the territory of a contracting State shall, if the regulations of that State so require, land at an airport designated by that State for the purpose of customs and other examination. On departure from the territory of a contracting State, such aircraft shall depart from a similarly designated customs airport. Particulars of all designated customs airports shall be published by the State and transmitted to the International Civil Aviation Organization established under Part II of this Convention for communication to all other contracting States. Article 11 Subject to the provisions of this Convention the laws Applicability of air regulations and regulations of a contracting State relating to the admission to or departure from its territory of aircraft engaged in international air navigation, or to the opera- tion and navigation of such aircraft while within its territory, shall be applied to the aircraft of all contract- ing States without distinction as to nationality, and shall be complied with by such aircraft upon entering or departing from or while within the territory of that State. Article 12 Each contracting State undertakes to adopt measures Rules of the air to insure that every aircraft flying over or maneuvering *within its territory and that every aircraft carrying its nationality mark, wherever such aircraft may be, shall comply with the rules and regulations relating to the flight and maneuver of aircraft there in force. Each contracting State undertakes to keep its own regulations in these respects uniform, to the greatest possible extent, ivith those established from time to time under this Con- vention. Over the high seas, the rules in force shall be those established under this Convention. Each con- tracting State undertakes to insure the prosecution of all persons violating the regulations applicable. Article 13 The laws and regulations of a contracting State as to Entry and the admission to or departure from its territory of. pas- sengers, crew or cargo of aircraft, such as regulations relating to entry, clearance, immigration, passports, cus- toms, and quarantine shall be complied with by or on behalf of such passengers, crew or cargo upon entrance into or departure from, or while within the territory of * that State. Article 14 Each contracting State agrees to take effective meas- ~ of ures to prevent the spread by means of air navigation disease of cholera, typhus (epidemic), smallpox, yellow fever, PAGENO="1382" 1376 AIR LAWS AND TREATIES OF THE WORLD plague, and such other communicable diseases as the con- tracting States shall from time to time decide to desig- nate, and to that end contracting States will keep in close consultation with the agencies concerned with in- ternational regulations relating to sanitary measures ap- plicable to aircraft. Such consultation shall be without prejudice to the application of any existing international convention on this subject to which the contracting States may be parties. Article 15 and Every airport in a contracting State which is open to charges public use by its national aircraft shall likewise, subject to the provisions of Article 68, be .open under uniform conditions to the aircraft of all the other contracting States. The like uniform conditions shall apply to the use, by aircraft of every contracting State, of all air navigation facilities, including radio and meteorological services, which may be provided for public use for the safety and expedition of air navigation. Any charges .that may be imposed or permitted to be imposed by a contracting State for the use of such air- ports and air navigation facilities by the aircraft of any other contracting State shall not he higher, (a) As to aircraft not engaged in scheduled inter- national air services, than those that would be paid by its national aircraft of the same class engaged in similar operations, and (b) As to aircraft engaged in scheduled international air services, than those that would be paid by its national aircraft engaged in similar international air services. All such charges shall be published and comniunicated to the International Civil Aviation Organization: pro- vided that, upon representation by an interested con- tracting State, the. charges imposed for the use of air- ports and other facilities shall be subject to review by the Council, which shall report and make recommenda- tions thereon for the consideration of the State or States concerned. No fees, dues or other charges shall be im- posed by any contracting State in respect solely of the right of transit over or entry into or exit from its ter- ritory of any aircraft of a contracting State or persons or property thereon. Ai'ticle 16 The appropriate authorities of each of the contracting States shall have the right, without unreasonable delay, to search aircraft of the other contracting States on landing or departure, and to inspect the certificates and other documents prescribed by this Convention. PAGENO="1383" AIR LAWS AND TREATIES OF THE WORLD 1377 CHAPTER III NATIONALITY OF AIRCRAFT Article 17 Aircraft have the nationality of the State in which ~ they are registered. Article 18 An aircraft cannot be validly registered in more than Dual regletra- one State, but its registration may be changed from one tion State to another. Article 19 The registration or transfer of registration of aircraft National 1aw~ in any contracting State shall be made in accordance i~~Mon with its laws and regulations. Article 20 Every aircraft engaged in international air navigation ~ of shall bear its appropriate nationality and registration marks. Article 21 Each contracting State undertakes to supply to any ~ other contracting State or to the international Civil Aviation Organization, on demand, information con- cerning the registration and ownership of any particular aircraft registered in that State. In addition, each contracting State shall furnish reports to the Interna- tional Civil Aviation Organization, under such regula- tions as the latter may prescribe, giving such pertinent data as can be made available concerning the ownership and control of aircraft registered in that State and habitually engaged in international air navigation. The data thus obtained by the International Civil Aviation Organization shall be made available by it on request to the other contracting States. CHAPTER IV MEASURES TO FACILITATE AIR NAVIGATION Article 22 Each contracting State agrees to adopt all practicable ~ of measures, through the issuance of special regulations or otherwise, to facilitate and expedite navigation by air- craft between the territories of contracting States, and to prevent unnecessary delays to aircraft, crews, pas- sengers and cargo, especially in the administration of the laws relating to immigration, quarantine, customs and clearance. PAGENO="1384" 1378 AIR LAWS AND TREATIES OF THE WORLD Article ~ ~ Each contracting State undertakes, so far as it may procedures find practicable, to establish customs and immigration procedures affecting international air navigation in accordance with the practices which may be established or recommended from time to time, pursuant to this Convention. Nothing in this Convention shall be con- strued as preventing the establishment of customs-free airports. Article ~4 Customs duty (a) Aircraft on a flight to, from, or across the territory of another contracting State shall be admitted tempo- rarily free of duty, subject to the customs regulations of the state. Fuel, lubricating oils, spare parts, regular equipment and aircraft stores on board an aircraft of a contracting State, on arrival in the territory of another contracting State and retained on board on leaving the territory of that State shall be exempt from customs duty, inspection fees or similar national or local duties and charges. This exemption shall not apply to any quantities or articles unloaded, except in accordance with the customs regulations of the State, which may re- quire that they shall be kept under customs supervision. (b) Spare parts and equipment imported into the territory of a contracting State for incorporation in or use on an aircraft of another contracting State engaged in international air navigation shall be admitted free of customs duty, subject to compliance with the regulations of the State concerned, which may provide that the arti- cles shall be kept under customs supervision and control. Article £5 craft 1~ Each contracting State undertakes to provide such measures of assistance to aircraft in distress in its terri- tory as it may find practicable, and to permit, subject to control by its own authorities, the owners of the aircraft or authorities of the State in which the aircraft is regis- tered to provide such measures of assistance as may be necessitated by the circumstances. Each contracting State, when undertaking search for missing aircraft, will collaborate in coordinated measures which may be recommended from time to time pursuant to this Con- vention. Artkle £6 Investigation In the event of an accident to an aircraft of a contract- of accidents ing State occurring in the territory of another contracting State, and involving death or serious injury, or indicating serious technical defect in the aircraft or air navigation facilities, the State in which the accident occurs will in- stitute an inquiry into the circumstances of the accident, in accordance, so far as its laws permit, with the proce- PAGENO="1385" AIR LAWS AND TREATIES OF THE WORLD 1379 dure which may be recommended by the International Civil Aviation Organization. The State in which the aircraft is registered shall be given the opportunity to appoint observers to be present at the inquiry and the State holding the inquiry shall communicate the report and findings in the matter to that State. Article 27 (a) While engaged in international air navigation, ~~re any authorized entry~ of aircraft of a contracting State ~ii ~ into the territory of another contracting State or au- a thorized transit across the territory of such State with or without landings shall not entail any seizure or detention of the aircraft or any claim against the owner or operator thereof or any other interference therewith by or on behalf of such State or any person therein, on the ground that the construction, mechanism, parts, accessories or operation of the aircraft is an infringement of any patent, design, or model duly granted or regis- tered in the State whose territory is entered by the aircraft, it being agreed that no deposit of security in connection with the foregoing exemption from seizure or detention of the aircraft shall in any case be required in the State entered by such aircraft. (b) The provisions of paragraph (a) of this Article shall also be applicable to the storage of spare parts and spare equipment for the aircraft and the right to use and install the same in the repair of an aircraft of a contracting State in the territory of any other contract- ing State, provided that any patented part or equipment so stored shall not be sold or distributed internally in or exported commercially from the contracting State entered by the aircraft. (c) The benefits of this Article shall apply only to such States, parties to this Convention, as either (1) are parties to the International Convention for the Protection of Industrial Property and to any amend- ments thereof; or (2) have enacted patent laws which recognize and give adequate protection to inventions made by the nationals of the other States parties to this Convention. Article 28 Each contracting State undertakes so far as it may Air navigation facilities and find practicable to: standard (a) Provide, in its territory, airports, radio services, systems meteorological services and other air navigation facilities to facilitate international air navigation, in accordance with the standards and practices recommended or estab- lished from time to time, pursuant to this Convention; (b) Adopt and put into operation the appropriate standard systems of communications procedure, codes, markings, signals, lighting and other operational prac- PAGENO="1386" 1380 AIR LAWS AND TREATIES OF THE WORLD tices and rules which may be recommended or established from time to time, pursuant to this Convention; (c) Collaborate in international measures to secure the publication of aeronautical maps and charts in accordance with standards which may be recommended or established from time to time, pursuant to this Convention. CHAPTER V CONDiTIONS TO BE FULFILLED WITH RESPECT TO AIRCRAFT Article ~9 Documents Every aircraft of a contracting State, engaged in inter- ~" national navigation, shall carry the following documents in conformity with the conditions prescribed in this Convention: (a) Its certificate of registration; (b) Its certificate of airworthiness; (c) The appropriate licenses for each member of the crew; (d) Its journey log book; (e) If it is equipped with radio apparatus, the aircraft radio station license; (f) If it carries passengers, a list of their names and places of embarkation and destination; (g) If it carries cargo, a manifest and detailed declara- tions of the cargo. Article 30 Aircraft radio (a) Aircraft of each contracting State may, in or over equipment the territory of other contracting States, carry radio transmitting apparatus only if a license to install and operate such apparatus has been issued by the appro- priate authorities of the State in which the aircraft is registered. The use of radio transmitting apparatus in the territory of the contracting State whose territory is flown over shall be in accordance with the regulations prescribed by that State. (b) Radio transmitting apparatus may be used only by members of the flight crew who are provided with a special license for the purpose, issued by the appropriate authorities of the State in which the aircraft is registered. Article 31 Certificates of Every aircraft engaged in international navigation airworthiness shall be provided with a certificate of airworthiness issued or rendered valid by the State in which it is registered. PAGENO="1387" AIR LAWS AND TREATIES OF THE WORLD 1381 Article 3~ (a) The pilot of every aircraft and the other members Licenses of of the operating crew of every aircraft engaged in inter- pec5om~~ national navigation shall be provided with certificates of competency and licenses issued or rendered valid by the State in which the aircraft is registered. (b) Each contracting State reserves the right to refuse to recognize, for the purpose of flight above its own territory, certificates of competency and licenses granted to any of its nationals by another contracting State. Article 33 Certificates of airworthiness and certificates of corn- Recognition of certificates petency and licenses issued or rendered valid by the and licenses contracting State in which the aircraft is registered, shall be recognized as valid by the other cpntracting States, provided that the requirements under which such certificates or licenses were issued or rendered valid are equal to or above the minimum standards which may be established from time to time pursuant to this Convention. Article ~94 There shall be maintained in respect of every aircraft ~ou~ney log engaged in international navigation a journey log book 00 in which shall be entered particulars of the aircraft, its crew and of each journey, in such form as may be pre- scribed from time to time pursuant to this Convention. Article 3~ (a) No munitions of war or implements of war may Cargo restric- be carried in or above the territory of a State in aircraft tions engaged in international navigation, except by permission of such State. Each State shall determine by regulations what. constitutes munitions ~f war or implements of war for the purposes of this Article, giving due considera- tion, for the purposes of uniformity, to such recommenda- tions as the international Civil Aviation Organization may from time to time make. (b) Each contracting State reserves the right, for reasons of public order and safety, to regulate or pro- hibit the carriage in or above its territory of articles other than those enumerated in paragraph (a) : provided that no distinction is made in this respect between its national aircraft engaged in international navigation and the aircraft of the other States so engaged; and provided further that no restriction shall be imposed which may interfere with the carriage and use on air- craft of apparatus necessary for the operation or navi- gation of the aircraft or the safety of the personnel or passengers. PAGENO="1388" 1382 MR LAWS AND TREATIES OF THE WORLD Article 36 ~ça~hiC Each contracting State may prohibit or regulate the use of photographic apparatus in aircraft over its territory. CHAPTER VI INTERNATIONAL STANDARDS AND RECOMMENDED PRACTICES Article 37 Adoption of1 Each contracting State undertakes to collaborate in standards securing the highest practicable degree of uniformity in ~i1~~roce- regulations, standards, procedures, and organization in relation to aircraft, personnel, airways and auxiliary services in all matters in which such uniformity will facilitate and improve air navigation. To this end the International Civil Aviation Organi- zation shall adopt and amend from time to time, as may be necessary, international standards and recommended practices and procedures dealing with: (a) Communications systems and air navigation aids, including ground marking; (b) Characteristics of airports and landing areas; (c) Rules of the air and air traffic control practices; (d) Licensing of operating and mechanical personnel; (e) Airworthiness of aircraft; (f) Registration and identification of aircraft; (g) Collection and exchange of meteorological information; (h) Log books; (i) Aeronautical maps and charts; (j) Customs and immigration procedures; (k) Aircraft in distress and investigation of accidents; and such other matters concerned with the safety regularity, and efficiency of air navigation as may from time to time appear appropriate. Article 38 Departures Any State which finds it impracticable to comply in ~f~t all respects with any such international standard or e~i~es procedure, or to bring its own regulations or practices into full accord with any international standard or pro- cedure after amendment of the latter, or which deems it necessary to adopt regulations or practices differing in any particular respect from those established by an international standard, shall give immediate notification to the International Civil Aviation Organization of the differences between its own practice and that estab- lished by the international standard. In the case of amendments to international standards, any State which does not make the appropriate amendments to its own PAGENO="1389" AIR LAWS AND TREATIES OF THE WORLD 1383 regulations or practices shall give notice to the Council within sixty days of the adoption of the amendment to the international standard, or indicate the action which it proposes to take. In any such case, the Council shall make immediate notification to all other states of the difference which exists between one or more features of an international standard and the corresponding national practice of that State. Article 89 (a) Any aircraft or part thereof with respect to which ~ there exists an international standard of airworthiness and licenses or performance, and which failed in any respect to satisfy that standard at the time of its certification, shall have endorsed on or attached to its airworthiness certificate a complete enumeration of the details in respect of which it so failed. (b) Any person holding a license who does not satisfy in full the conditions laid down in the international standard relating to the class of license or certificate which he holds shall have endorsed on or attached to his license a complete enumeration of the particulars in which he does not satisfy such conditions. Article 40 No aircraft or personnel having certificates or licenses ~ so endorsed shall participate in international navigation certificates except with the permission of the State or States whos~ and licenses territory is entered. The registration or use of any such aircraft, or of any certificated aircraft part, in any State other than that in which it was originally certificated shall be at the discretion of the State into which the aircraft or part is imported. Article 41 The provisions of this Chapter shall not apply to air- ~ craft and aircraft equipn~ent of types of which the ards o~ air- prototype is submitted to the appropriate national all- worthiness thorities for certification prior to a date three years after the date of* adoption of an international standard of airworthiness for such equipment. Article 42 The provisions of this Chapter shall not apply to per- ~ sonnel whose licenses are originally issued prior to a ards of corn- date one year after initial adoption of an international ~ standard of qualification for such personnel; but they shall in any case apply to all personnel whose licenses remain valid five years after the date of adoption of such standard. PAGENO="1390" 1384 AIR LAWS AND TREATIES OF THE WORLD PART Il-THE INTERNATIONAL CIVIL AVIATION ORGANIZATION CHAPTER VII THE ORGANIZATION Article 43 Name a~ An organization to be named the International Civil Aviation Organization is formed by the Convention. It is made up of an Assembly, a Council, and such other bodies as may be necessary. Article 44 ObJect1ve~ The aims and objectives of the Organization are to develop the principles and techniques of international air navigation and to foster the planning and develop- ment of international air transport so as to: (a) Insure the safe and orderly growth of interna- tional civil aviation throughout the world; (b) Encourage the arts of aircraft design and opera- tion for peaceful purposes; (c) Encourage the development of airways, airports, and air navigation facilities for international civil aviation; (d) Meet the needs of the peoples of the world for safe, regular, efficient and economical air transport; (e) Prevent economic waste caused by unreasonable competition; (f) Insure that the rights of contracting States are fully respected and that every contracting State has a fair opportunity to operate international airlines; (g) Avoid discrimination between contracting States; (h) Promote safety of flight in international air navi- gation; (i) Promote generally the development of all aspects of international civil aeronautics. Article 45 Permanent The permanent seat of the Organization shall be at peat such place as shall be determined at the final meeting of the Interim Assembly of the Provisional International Civil Aviation Organization set up by the Interim Agree- ment on International Civil Aviation signed at Chicago on December 7, 1944.' The seat may be temporarily transferred elsewhere by decision of the Council. Article 40 First meeting The first meeting of the Assembly shall be summoned _________ by the Interim Council of the above-mentioned Provi- The permanent seat has been established at Montreal, Canada. PAGENO="1391" AIR LAWS AND TREATIES OF THE WORLD 1385 sional Organization as soon as the Convention has come into force, to meet at a time and place to be decided by theInterim Council. Article 47 The Organization shall enjoy in the territory of each Le~fiI capacity contracting State such legal capacity as may be necessary for the performance of its functions. Full juridical personality shall be granted wherever compatible with the constitution and laws of the State concerned. CHAPTER VIII THE ASSEMBLY Article 48 (a) The Assembly shall meet annually and shall be convened by the Council at a suitable time and place. voting Extraordinary meetings of the Assembly may he held at any time upon the call of the Council or at the request of any ten contracting States addressed to the Secretary General.2 (b) All contracting States shall have an equal right to be represented at the meetings of the Assembly and each contracting State shall be entitled to one vote. Delegates representing contracting States may be assisted by tech- nical advisers who may participate in the meetings but shall have no vote. (c) A majority of the contracting States is required to constitute a quorum for the meetings of the Assembly. Unless otherwise provided in this Convention, decisions of the Assembly shall be taken by a majority of the votes cast. Article 49 The powers and duties of the Assembly shall be to: (a) Elect at each meeting its President and other Assembly officers; (b) Elect the contracting States to be represented on the Council, in accordance with the provisions of Chapter IX; (c) Examine and take appropriate action on the reports of the Council and decide on any matter referred to it by the Council; (d) Determine its own rules of procedure and establish such subsidiary commissions as it may consider to be necessary or desirable; (e) Vote an annual budget and determine the financial arrangements of the Organization, in accordance with the provisions ~f Chapter XII; (f) Review expenditures and approve the accounts of the_Organization; 50n December 12, 1956, there came into force an amendment to 48 (a) providing for an Assembly meeting once every 3 years instead of annually. See protocol p08t p. 364. PAGENO="1392" 1386 AIR LAWS AND TREATIES OF THE WORLD (g) Refer, at its discretion, to the Council, to sub- sidiary commissions, or to any other body any matter within its sphere of action; (h) Delegate to the Council the powers and authprity necessary or desirable for the discharge of the duties of the Organization and revoke or modify the delegations of authority at any time; (i) Carry out the appropriate provisions of Chapter XIII; (j) Consider proposals for the modification or amend- ment of the provisions of this Convention and, if it approves of the proposals, recommend them to the con- tracting States in accordance with the provisions of Chapter XXI; (k) Deal with any matter within the sphere of action of the Organization not specifically assigned to the Council. CHAPTER IX THE COUNCIL Article 60 (a) The Council shall be a permanent body respon- of Council sible to the Assembly. It shall be composed of twenty- one contracting States elected by the Assembly. An election shall be held at the first meeting of the Assem- bly and thereafter every three years, and the members of the Council so elected shall hold office until the next following election. (b) In electing the members of the Council, the As- sembly shall give adequate representation to (1) the States of chief importance in air transport; (2) the States not otherwise included which make the largest contribution to the provision of facilities for interna- tional civil air navigation; and (3) the States not other- wise included whose designation will insure that all the major geographic areas of the world are represented on the Council. Any vacancy on the Council shall be filled by the Assembly as soon as possible; and contract- ing State so elected to the Council shall hold office for the unexpired portion of its predecessor's term of office. (c) No representative of a contracting State on the Council shall be actively associated with the operation of an international air service or financially interested in such a service. Article 61 President of The Council shall elect its President for a term, of three years. lie. may be reelected. He shall have no vote. The Council shall elect from among its members PAGENO="1393" AIR LAWS AND TREATIES OF THE WORLD 1387 one, or more Vice Presidents who shall retain their right to vote when serving as acting President. The President need not be selected from among the representatives of the members of the Council but, if a representative is elected, his seat shall be deemed vacant and it shall be filled by the State which he represented. The duties of' the President shall be to: (a) Convene meetings of the Council, the Air Trans- port Committee, and the Air Navigation Commission; (b) Serve as representative of the Council; and (C) Carry out on behalf of the Council the functions which the Council assigns to him. Article 52 Decisions by the Council shall require approval by a majority of its members. The Council may delegate authority with respect to any particular matter to a committee of its members. Decisions of any com- mittee of the Council may be appealed to the Council by any interested contracting State. Article 53 Any contracting State may participate, without avote, ~ in the consideration by the Council and by its committees and commissions of any question which especially affects its interests. No member of the Council shall vote in the consideration by the Council of a dispute to which it is a party. Article 54 The Council shall: (a) Submit annual reports to the Assembly; Council (b) Carry out the directions of the Assembly and dis- charge the duties and obligations which are laid on it by this Convention; (c) Determine its organization and rules of procedure; (d) Appoint and define the duties of an Air Transport Conunittee, which shall be chosen from among the repre- sentatives of the members of the Council, and which shall be responsible to it; (e) Establish an Air Navigation Commission, in accordance with the provisions of Chapter X; (f) Administer the finances of the Organization in accordance with the provisions of Chapters XII and XV; (g) Determine the emoluments of the President of the Council; (h) Appoint a chief executive officer who shall be called the Secretary General, and make provision for the appointment of such other personnel as may be necessary, in accordance with the provisions of Chapter XI; 6T717 O-61-----88 PAGENO="1394" 1388 AIR LAWS AND TREATIES OF THE WORLD (i) Request, collect, examine and publish information relating to the advancement of air navigation and the operation of international air services, including in- formation about the costs of operation and particulars of subsidies paid to airlines from public funds; (j) Report to contracting States any infraction of this Convention, as well as any failure to carry out recom- mendations or determinations of the Council; (k) Report to the Assembly any infraction of this Convention where a contracting State has failed to take appropriate action within a reasonable time after notice of the infraction; (1) Adopt, in accordance with the provisions of Chapter VI of this Convention, international standards and recommended practices; for convenience, designate them as Annexes to this Convention; and notify all contracting States of the action taken; (rn) Consider recommendations of the Air Navigation Commission for amendment of the Annexes and take action in accordance with the provisions of Chapter XX; (n) Consider any matter relating to the Convention which any contracting State refers to it. Ai~ticle 55 The Council may: (a) Where appropriate and as experience may show to Council be desirable, create subordinate air transport commis- sions on a regional or other basis and define groups of states or airlines with or through which it may deal to facilitate the carrying out of the aims of this Convention; Eb) Delegate to the Air Navigation Commission duties additional to those set forth in the Convention and re- voke or modify such delegations of authOrity at any time; (c) Conduct research into all aspects of air transport and air navigation which are of international importance, communicate the results of its research to the contract- iiig States, and facilitate the exchange of information between contracting States on air transport and air navigation matters; (d) Study any matters affecting the organization and operation of international air transport, including the international ownership and operation of international air services on trunk routes, and submit to the Assembly plans in relation thereto; (e) Investigate, at the request of any contracting State, any situation which may appear to present avoid- able obstacles to the development of international air navigation; and, after such investigation, issue such re- ports as may appear to it desirable.. PAGENO="1395" AIR LAWS AND TREATIES OF THE WORLD 1389 CHAPTER X THE AIR NAVIGATION COMMISSION Article 66 The Air Navigation Commission shall be composed of Nomination and appoint- twelve members appointed by the Council from among ment of persons nominated by contracting States. These per- Commission sons shall have suitable qualifications and experience in the science and practice of aeronautics. The Council shall request all contracting States to submit nomina- tions. The President of the Air Navigation Commis- sion shall be appointed by the Council. Article 57 The Air Navigation Commission shall: ~ Corn- (a) Consider, and recommend to the Council for adop- tion, modifications of the Annexes to this Convention; (b) Establish technical subcommissions on which any contracting State may be represented, if it so desires; (c) Advise the Council concerning the collection and communication to the contracting States of all informa- tion which it considers necessary and useful for the ad- vancement of air navigation. CriAP~rJ~it XI PERSONNEL Article 58 Subject to any rules laid down by the Assembly and to ~1~e~t the provisions of this Convention, the Council shall determine the method of appointment and of termina- tion of appointment, the training, and the salaries, allow- ances, and conditions of service of the Secretary General and other personnel of the Organization, and may em- ploy or make use of the services of nationals of any contracting State. Article 59 The President of the Council, the Secretary General, 1rO~L1 and other personnel shall not seek or receive instructions personnel in regard to the discharge of their responsibilities from any authority external to the Organization. Each con- tracting State undertakes fully to respect the inter- national character of the responsibilities of the personnel and not to seek to influence any of its nationals in the discharge of their responsibilities. PAGENO="1396" 1390 AIR LAWS AND TREATIES OF THE WORLD Article 60 Immunities Each contracting State undertake~, so far as possible and privileges of personnel under its constitutional procedure, to accord to the President of the Council, the Secretary General, and the other personnel of the Organization, the immunities and privileges which are accorded to corresponding personnel of other public international organizations. If a general international agreement on the immunities and privileges of international civil servants is arrived at, the immuni- ties and privileges accorded to the President, the Secre- tary General, and the other personnel of the Organiza- tion shall be the immunities and privileges accorded under that general international agreement. CHAPTER XII FINANCE Article Cl Budget and The Council shall submit to the Assembly an annual apportionment of expenses budget, annual statements of accounts and estimates of all receipts and expenditures. The Assembly shall vote the budget with whatever modification it sees fit to pre- scribe, and, with the exception of assessments under Chapter XV to States consenting thereto, shall appor- tjon the expenses of the Organization among the con- tracting States on the basis which it shall from time to time determine. Article 6~3 Suspension of The Assembly may suspend the voting power in the voting power Assembly and in the Council of any contracting State that fails to discharge within a reasonable period its financial obligations to the Organization. Article 63 Expenses of Each contracting State shall bear the expenses of delegations and other its own delegation to the Assembly and the remunera- representa- tives tion, travel, and pther expenses of any person whom it appoints to serve on the Council, and of its nominees or representatives on any subsidiary committees or commissions of the Organization. CHAPTER XIII OTHER INTERNATIONAL ARRANGEMENTS Article 64 Security The Organization may, with respect to air matters arrangements within its competence directly, affecting world security, by vote of the Assembly enter intp appropriate arrange- ments with any general organization set up by the nations of the world to preserve peace. PAGENO="1397" AIR LAWS AND TREATIES OF THE WORLD 1391 Article 65 The Council, on behalf of the Organization, may enter ~çn~1~;nts into agreements with other international bothes br the international maintenance of common services and for common ar- bodies rangements concerning personnel and, with the approval of the Assembly, may enter into such other arrangements as may facilitate the work of the Organization. Article 66 (a) The Organization shall also carry out the func- tions placed upon it by the International Air Services other agree- Transit Agreement ana by the International Air Trans- meats port Agreement drawn up at Chicago on December 7, 1944 in accordance with the terms and conditions therein set forth. (b) Members of the Assembly and the Council who have not accepted the International Air Services Transit Agreement or the international Air Transport Agree- ment drawn up at Chicago on December 7, 1944 shall not have the right to vote on any questions referred to the Assembly or Council under the provisions of the relevant Agreement. PART 111-INTERNATIONAL AIR TRANSPORT CHAPTER XIV INFORMATION AND REPORTS Article 67 Each contracting State undertakes that its interna~ File reports tional airlines shall, in accordance with requirements laid with Council down by the Council, file with the Council traffic reports, cost statistics and financial statements showing among other things all receipts and the sources thereof. CHAPTER XV AIRPORTS AND OTHER AIR NAVIGATION FACILITIES Article 68 Each contracting State may subject to the provisions Designation of routes and air- of this Convention, designate the route to be followed ports within its territory by any international air service and the airports which any such service may use. Article 69 If the C `uncil is of the opinion that the airports or Improvement other air navigation facilities, including radio and ~io~f~s meteorological services, of a contracting State are not reasonably adequate for the safe, regular, efficient, and economical operation of international air services, pres- ent or contemplated, the Council shall consult with the PAGENO="1398" 1392 AIR LAWS AND TREATIES OF THE WORLD State directly concerned, and other States affected, with a view to finding means by which the situation may be remedied, and may make recommendations for that purpose. No contracting State shall be guilty of an infraction of this Convention if it fails to carry out these recommendations. Article 70 Financing ~f A. contracting State, in the circumstances arising under ~~iJation the provisions of Article 69, may conclude an arrange- ment. with the Council for giving effect to such recom- mendations. The State may elect to bear all of the costs involved in any such arrangement. If the State does not so elect, the Council may agree, at the request of the State, to provide for all or a portion of the costs. Article 71 Provision and If a contractino State so requests the Council may maintenance . . . of facilities agree to provide, man, maintain, and administer any or by Council all of the airports and other air navigation facilities, including radio and meteorological services, required in its territory for the safe, regular, efficient and economical operation of the international air services of the other contracting States, and may specify just and reasonable charges for the use of the facilities provided. Article 7~3 Acquisition or Where land is needed for facilities financed in whole or use of land in part by the Council at the request of a contracting State, that State shall either provide the land itself, retaining title if it wishes, or facilitate the use of the land by the Council on just and reasonable terms and in accordance with the laws of the State concerned. Article 73 Expenditure Within the limit of the funds which may be made and assess- ment of funds available to it by the Assembly under Chapter XII, the Council may make current expenditures for the purposes of this Chapter from the general funds of the Organiza- tion. The Council shall assess the capital funds required for the purposes of this Chapter in previously agreed proport ons over a reasonable period of time to the con- tracting States consenting thereto whose airlines use the facilities. The Council may also assess to States that consent any working funds that are required. Article 74 assistance and When the Council, at the request of a contracting utilization of State, advances funds or provides airports or other revenues facilities in whole or in part, the arrangement may pro- PAGENO="1399" AIR LAWS AND TREATIES OF THE WORLD 1393 vide, with the consent of that State, for technical assist-' ance in the supervision and operation of the airports and other facilities, and for the payment, from the revenues derived from the operation of the airports and other facilities, of the operating expenses of the airports and the other facilities, and of interest and amortization charges. Article 75 A contracting State may at any time discharge any ~ obligation into which it has entered under Article 70, Council and take over airports and other facilities which the Council has provided in its territory pursuant to the provisions of Articles 71 and 72, by paying to the Council an amount which in the opinion of the Council is reason- able in the circumstances. If the State considers that the amount fixed by the Council is unreasonable it may appeal to the Assembly against the decision of the Coun- cil and the Assembly may confirm or amend the decision of the Council. Article 76 Funds obtained by the Council through reimbursement ~J~" °~ under Article 75 and from receipts of interest and amor- tization payments under Article 74 shall, in the case of advances originally financed by States under Article 73, be returned to the States which were originally assessed in the proportion of their assessments, as determined by the Council. CHAPTER XVI JOINT OPERATING ORGANIZATIONS AND POOLED SERVICES Article 77 Nothing in this Convention shall prevent two or more contracting States from constituting joint air transport permitted operating organizations or international operating agem- cies and from pooling their air services on any routes or in any regions, but such organizations or agencies and such pooled services shall be subject to all the provisions of this Convention, including those relating to the regis- tration of agreements with the Council. The Council shall determine in what manner the provisions of this Convention relating to nationality of aircraft shall apply to aircraft operated by international operating agencies. Article 78 The Council may suggest to contracting States con- ~ °~ cerned that they form joint organizations to operate air services on any routes or in any regions. PAGENO="1400" 1394 AIR LAWS AND TREATIES OF THE WORLD Article 79 A State may participate in joint operating organiza- organizations tions or in pooling arrangements, either through its gov- ernment or through an airline company or companies designated by its government. The companies may, at the sole discretion of the State concerned, be state-owned or partly state-owned or privately owned. PART TV-FINAL PROVISIONS CHAPTER XVII OTHER AERONAUTICAL AGREEMENTS AND ARRANGEMENTS Article 80 ~ags and Each contracting State undertakes, immediately upon Conventions the coming into force of this Convention, to give notice of denunciation of the Convention relating to the Regu- lation of Aerial Navigation signed at Paris on October 13, 1919 or the ~Jönvention on Commercial Aviation signed at Habana on February 20, 1928, if it is a party to either. As between contracting States, this Convention supersedes the Conventions of Paris and Habana pre- viously referred to. Article 81 Registration All aeronautical agreements which are in existence on ~ the coming into force of this Convention, and which are between a contracting State and any other State or be- tween an airline of a contracting State and any other State or the airline of any other State, shall be forthwith registered with the Council. Article 8~3 Abrogation of The contracting States accept this Convention as inconsistent ar- . . rangement~ abrogating all obligations and understandings between them which are inconsistent with its terms, and under- take not to enter into any such obligations and under- standings. A contracting State which, before becoming a member of the Organization has undertaken any obli- gations toward a non-contracting State or a national of a contracting State or of a non-contracting State inconsistent with the terms of this Convention, shall take immediate steps to procure its release from the obligations. If an airline of any contracting State has entered into any such inconsistent obligations, the State of which it is a national shall use its best efforts to secure their termination forthwith and shall in any event cause them to be terminated as soon as such action can law- fully be taken after the coming into force of this Con- vention. PAGENO="1401" AIR LAWS AND TREATIES OF THE WORLD 1395 Article 83 Subject to the provisions of the preceding Articie, any Registration of contracting State may make arrangements not incon- ments sistent with the provisions of this Convention. Any such arrangement shall be forthwith registered with the Council, which shall make it public as soon as possible. CHAPTER XVIII DISPUTES AND DEFAULT Article 84 If any disagreement between two or more contracting ~~t~s~Of States relating to the interpretation or application of this Convention and its Annexes cannot be settled by negotiation, it shall, on the application of any State concerned in the disagreement, be decided by the Council. No member of the Council shall vote in the consideration by the Council of any dispute to which it is a party. Any contracting State may, subject to Article 85, appeal from the decision of the Council to an ad hoc arbitral tribunal agreed upon with the other parties to the dispute or to the Permanent Court of International Justice. Any such appeal shall be notified to the Council within sixty days of receipt of notification of the decision of the Council. Article 85 If any contracting State party to a dispute in which ~t~Ltion pro. the decision of the Council is under appeal has not ac- cepted the Statute of the Permanent Court of Inter- national Justice and the contracting States parties to the dispute cannot agree on the choice of the arbitral tribu- nal, each of the contracting States parties to the dispute shall name a single arbitrator who shall name an umpire. If either contracting State party to the dispute fails to name an arbitrator within a period of three months from the date of the appeal, an arbitrator shall be named on behalf of that State by the President of the Council from a list of qualified and available persons maintained by the Council. If, within thirty days, the arbitrators can- not agree on an umpire, the President of the Council shall designate an umpire from the list previously re- ferred to. The arbitrators and the umpire shall then jointly constitute an arbitral tribunal. Any arbitral tribunal established under this or the preceding Article shall settle its own procedure and give its decisions by majority vote, provided that the Council may determine procedural questions in the event of any delay which in the opinion of the Council is excessive. PAGENO="1402" 1396 AIR LAWS AND TREATIES OF THE WORLD Article 86 Appeals Unless the Council decides otherwise, any decision by the Council on whether an international airline is oper- ating in conformity with the provisions of this Conven- tion shall remain in effect unless reversed on appeal. On any other matter, decisions of the Council shall, if ap- pealed from, be suspended until the appeal is decided. The decisions of the Permanent Court of International Justice and of an arbitral tribunal shall be final and binding. Article 87 Each contracting State undertakes not to allow the by airlines operation of an airline of a contracting State through the airspace above its territory if the Council has de- cided that the airline concerned is not conforming to a final decision rendered in accordance with the previous Article. Article 88 The Assembly shall suspend the voting power in the by state Assembly and in the Council of any contracting State that is found in default .under the provisions of this Chapter. CHAPTER XIX WAR Article 89 ~z~ter- In case of war, the provisions of this Convention shall tions not affect the freedom of action of any of the contracting States affected, whether as belligerents or as neutrals. The same principle shall apply in the case of any con- tracting State which declares a state of national emer- gency and notifies the fact to the Council. Cii~r'r~ XX ANNEXES Article 90 Ad~1~ (a) The adoption by the Council of the Annexes de- Annexes scribed in Article 54, subparagraph (1), shall require the vote of two-thirds of the Council at a meeting called for that purpose and shall then be submitted by the Council to each contracting State. Any such Annex or any amendment of an Annex shall become effective within three months after its submission to the contracting States or at the end of such longer period of time as the Council may prescribe, unless in the meantime a majorit of the contracting States register their disapproval wit the Council. PAGENO="1403" AIR LAWS AND TREATIES OF THE WORLD 1397 (b) The Council shall immediately notify all con- tracting States of the coming into force of any Annex or amendments thereto. CHAPTER XXI' RATIFICATION, ADHERENCES, AMENDMENTS, AND DENUNCIATIONS Article 91 (a) This Convention shall be subject to ratification by Ratification of Convention the signatory States. The instruments of ratrncation shall be deposited in the archives of the Government of the United States of America, which shall give notice of the date of the deposit to each of the signatory and adhering States. (b) As soon as this Convention has been ratified or adhered to by twenty-six States it shall come into force between them on the thirtieth day after deposit of the twenty-sixth instrument. It shall come into force for each State ratifying thereafter on the thirtieth day after the deposit of its instrument of ratification. (c) It shall be the duty of the Government of the United States of America to notify the government of each of the signatory and adhering States of the date on which this Convention comes into force. Article 9~ (a~ This Convention shall be open for adherence by Adherence to 1' . . Convention memoers of the United Nations and tates associatea with them, and States which remained neutral during the present world conflict. (b) Adherence shall be effected by a notificatipn addressed to the Government of the United States of America and shall take effect as from the thirtieth day from the receipt of the notification by the Government of the United States of America, which shall notify all the contracting States. Article 98 States other than those provided for in Articles 91 and A~n1~n of 92 (a) may, subject to approval by any general inter- ° er te8 national organization set up by the nations of the world to preserve peace, be admitted to participation in this Convention by means of a four-fifths vote of the Assembly and on such conditions as the Assembly may prescribe: provided that in each case the assent of any State invaded or attacked during the present war by the State seeking admission shall be necessary. PAGENO="1404" 1398 AIR LAWS AND TREATIES OF THE WORLD Artide 94 Amendment of (a) Any proposed amendment to this Cpnvention Convention 1 must be approved oy a two-thirds vote of the Assembly and shall then come into force in respect of States which have ratified such amendment when ratified by the number of contracting States specified by the Assembly. The number so specified shall not be less than two-thirds of the total number of contracting States. (b) If in its opinion the amendment is of such a nature as to justify this course, the Assembly in its resolution recommending adoption may provide that any State which has not ratified within a specified period after the amendment has come into force shall thereupon cease to be a member of the Organization and a party to the Convention. Article 96 Denunciation (a) Any cpntracting State may give notice of denunci- of Convention ation of this Convention three years after its coming into effect by notification addressed to the Government of the United S~tates of America, which shall at once inform each of the contracting States. (b) Denunciation shall take effect one year from the date of the receipt of the nptifieation and shall operate only as regards the State effecting the denunciation. CHAPTER XXII DEFINITIONS Article 96 For the purpose of this Convention the expression: (a) "Air service" means any scheduled air service performed by aircraft for the public transport of passen- gers, mail or cargo. (b) "International air service" means an air service which passes through the air space over the territory of more than one State. (c) "Airline" means any air transport enterprise offer- ing or operating an international air service. (d) "Stop for non-traffic purposes" means a landing for any purpose other than taking on or discharging passengers, cargo or mail. SIGNATURE OP CoNv~w'rIoN IN wrn~ss WHEREOP~ the undersigned plenipotentiaries, having been duly authorized, sign this Convention on behalf of their respec- tive governments on the dates appearing opposite their signatures. Do~n~ at Chicago the seventh day of December 1944, in the English language. A text drawn up in the English, French, and Spanish languages, each of which shall be of equal authenticity, shall be opened for signature at Washington, D. C. Both texts shall be deposited in PAGENO="1405" AIR LAWS AND TREATIES OF THE WORLD 1399 the archives of the Government of the United States of America, and certified copies shall be transmitted by that Government to the governments of all the States which may sign or adhere to this Con- vention. For Afghanist aim: A. HOSAYN AzIz For the Government of the Com,monwealt/t of Australia: ARTHtTR S. DRAKEFORD For Belgium: For Bolivia: TCNL. AL. PACHECO For Brazil: For Canada: H. J. SYMINGTON For Chile: R SA1~NZ G. BISQUERT R. MAGALLANES B. For China: CHANG KIA NGAU For Colombia: For Costa Rica: For Cuba: For Czechoslovakia: For the Dominican Republic: C. A MCLAtTGHLIN For Emador: J. A. CORREA FRANCiSCO GOMEZ JURADO For Egypt: M. HASSAN M. ROUSHDY M. A. KHALIFA For El Salvador: For Ethiopia: For France: M. HYMANS C. LEBEL BOURGES P. LOCUSSOL For Greece: D T No~ri BOTZARIS A. J. ARGYROPODLOS For Gautemala: For Haiti: G EDOUARD Ror For Honduras: E. P LEFEBVRE For Iceland: THOR TUbES For India: G V BEWOOR For iran: M. SHAYESTEII PAGENO="1406" 1400 AIR LAWS AND TREATIES OF THE WORLD For Iraq: ALl JAWDAT For ireland: ROBT. BRENNAN JOHN LEYDON JOHN J. HEARNE T. J. O'DRISCOLL For Lebanon: C. CHAMOUN F. EL-Hoss For Liberia: WALTER F. WALKER For Luxenthourg: For Mexico: PEDRO A. CHAPA For the Netherlands: COPES. F. C. ARONSTEIN For the Government of New Zealand: DANIEL GILlS SULLIVAN For Nicaragua: R. E. FRIZELL For Norway: For Panama: The Delegation of the Republic of Panama signs this Convention ad referendu'im, and subject to the following reservations: 1. Because of its strategic position and responsibility in the pro- tection of the means of communication in its territory, which are of the utmost importance to world trade, and vital to the defense of the Western Hemisphere, the Republic of Panama reserves the right to take, with respect to all flights through the air space above its terri- tory, all measures which in its judgment may be proper for its own security or the protection of said means of communication. 2. The Republic of Panama understands that the technical annexes to which reference is made in the Convention constitute recommenda- tions only, and not binding obligations. For Paraguay: For Peru: A REVOREDO J. S. KOECHLIN Lms ALVARADO F ELGUERA GLLMO VAN OORDT L~ON For the Philippine Com'monwealth: J. HERNANDEZ 1JRBAN0 A. ZAFRA J. H. FOLEY For Poland: ZBYSLAW CIOLKOSZ DR. H. J. GomwKI STEPAN J. KONORSKI Wrror~ A. URBANOWICZ LuDwriI H. GOTTLIEB PAGENO="1407" AIR LAWS AND TREATIES OF THE WORLD 1401 For Portugal: MARIO DE Fiauiam~iro ALFREDO DELESQUE DOS SANTOS CINm~ DuA1rri~ CA.uIEn~os VASCO VLEIRA GARIN For Spain: E. TERRADAS GERMAN BARAIBAR DUARTE CALHEIROS For Sweden: R. KUMLIN For Switzerland: For Syria: N KAHALE For Turkey: S. KOCAK F. SAHINBAS ORHAN H. EROL For the Union of South Africa: For the Government of the United Kingdom of (ireat Britain and Northern ireland: SWINTON For the United States of America: ADOLF A. BERLE JR. ALFRED L. B1JLWINKLE CHAS. A. WOLVERTON F. LAGUARDIA EDWARD WARNER L. WELCH POGUE WILLIAM A. M. BURDEN For Uruguay: CARL CARBAJAL COL. MEDARDO R. F~nfAs For Venezuela: For Yugoslavia: For Denmark: HENRIK KAUFFMANN For Thailand: M. R. SENI PRAM0J I CERTIFY THAT the foregoing is a true copy of the Convention on International Civil Aviation dated December 7, 1944, concluded at the International Civil Aviation Conference at Chicago, Illinois, in the English lano~uage, the signed original of which is deposited in the archives of the ~overnment of the United States of America. IN TESTIMONY WHEREOF, I, E. R. Stettinius, Jr., Secretary of State, have hereunto caused the seal of the Department of State to be affixed and my name subscribed by an Assistant Chief, Division of Central Services of the said Department, at the city of Washington, in the District of Columbia, this twenty-second day of January, 1945. [SEAL] E. R. STETrINIUS JR. Secretary of State By M L KENESTRICK Assistant Chief, Division of Central Services PAGENO="1408" 1402 AIR LAWS AND TREATIES OF THE WORLD NOTE The foregoing convention was opened for signature at Chicago on December 7, 1944, and has been ratified or adhered to by the following countries on the dates indicated: Argentina - June 4, 1946 Australia March 1, 1947 Austria - August 27, 19481 Belgium May 5, 1947 Bolivia April 4, 1947 Brazil July 8, 1946 Burma . July 8, 1948 Cambodia . January 16, 1956 Canada February 13, 1946 Ceylon - June 1, 1948 Chile March 11, 1947 China February 20, 1946 anJ December 2, 1953' Colombia October 31, 1947 Costa Rica - May 1, 1958 Cuba May 11, 1949 Czechoslovakia - March 1, 1947 Denmark February 28, 1947 Dominican Republic January 25, 1946 Ecuador August 20, 1954 El Salvador - June 11, 1947 Ethiopia - March 1, 1947 Finland - March 30, 1949' France . March 25, 1947 Ghana - May 9, 1957 Germany, Federal Republic of May 9, 19566 Greece - March 13, 1947 Guatemala - April 28, 19478 Guinea, Rep. of March 27, 1959 Haiti - March 25, 1948 Honduras - May 7, 1953 Iceland March 21, 1947 India - March 1, 1947 Indonesia April 27, 1950 Iran - April 19, 1950 Iraq - June 2, 1947 Ireland October 31, 1946 1 The participation of Austria effected in accordance with the provisions of Article 93 of the convention and resolution of June 9, 1948, by Assembly of ICAO. Effective September 26, 1948. 3 accompanying acceptance of China: "The acceptances are given with the understanding that the provisions of Article IV Section 3 of the International Air Trans- port Agreement shall become operative insofar as the Government of China is concerned at such time as the Convention on International Civil Aviation shall be ratified by the Government of China." (Chinese instrument of ratification of the Convention on inter- national Civil Aviation deposited February 20, 1946. China denounced the International Air Transport Agreement December 11, 1946; effective December 11, 1947. Notification of denunciation by China of Convention on International Civil Aviation received May 31, 1950; effective May 31, 1951. China deposited another instrument of ratification or the convention December 2, 1952. S The Ambassador of Czechoslovakia made the following statement in the note transmit- ting the Czechoslovak instrument of ratification: "The Czechoslovak Ambassador wishes to bring to the attention of His Excellency that the Convention on International Civil Avia- tion was ratified by the President of the Czechoslovak Republic on the assumption that the International Civil Aviation Organization will carry out fully the resolution passed by the United Nations Organization on December 12, 1946, concerning the exclusion of the Franco Spain from cooperation with the United Nations." `The participation of Finland effected in accordance with the provisions of Article 93 of the convention and resolution of June 9, 1948, by assembly of ICAO. Effective April 29, 1949. 5 participation of the Federal Republic of Germany, effected in accordance with the provisions of Article 93 of the Convention and resolution of June 9, 1955, by Atsembly of ICAO. Effective June 8, 1956. 8 of denunciatiop by Guatemala of Convention on International Civil Avia- tion received June 13, 1952; effective June~19, 195J. Guatemala canceled its notification of denunciation of convention oil December 5, 1952, and requested that denunciation be considered as withdrawn. PAGENO="1409" AIR LAWS AND TREATIES OF THE WORLD 1403 Italy October 31, 1947~ Japan September 8, 19538 Jordan . March 18, 1947 Korea November 11, 1952 Laos . June 13, 1955 Lebanon September 19, 1949 Liberia February 11, 1947 Libya - January 29, 1953 Luxembourg April 28, 1948 Malaya, Federation of - April 7, 1958 Mexico June 25, 1946 Morocco November 13, 1956 Netherlands-- - March 26, 1947 New Zealand - March 7, 1947 Nicaragua December 28, 1945 Norway . May 5, 1947 Pakistan - November 6, 1947 Paraguay January 21, 1946 Peru . April 8, 1946 Philippines..~~ March 1, 1947. Poland . April 6, 1945 Portugal - February 27, 1947 Spain - March 5, 1947 Sudan June 29, 1956 Sweden November 7, 1946 Switzerland - February 6, 1947° Thailand . April 4, 1947 Tunisia - - November 18, 1957 Turkey December 20, 1945 Union of South Africa March 1, 1947 United Arab Republic (10) United Kingdom - March 1, 1947 United States - August 9, 1946 Jruguay January 14, 1954 Venezuela__ April 1, 1947 Viet Nam - October 19, 1954 Yugoslavia (11) `The participation of Italy effected In accordance with the provisions of Article 98 of the convention and resolution of May 16, 1947, by Assembly of ICAO. Effective November 30, 1947. 8 The participation of Japan effected In accordance with the provisions of Article 93 of the convention and resolution of July 1, 1.953, by Assembly of ICAO. Effective October 8, 1953. ° The Minister of Switzerland made the following statement in the note transmitting the Swiss instrument of ratification: "My government has Instructed me to notify you that the authorities in Switzerland have agreed with the authorities In the Principality of Liechtenstein that this Convention will be applicable to the territory of the Principality as well as to that of the Swiss Confederation, as long as the Treaty of March 29~ 1923 Integrating the whole territory of Liechtenstein with the Swiss customs territory will remain In force." 10Egypt deposited an Instrument of ratification on March 13, 1947; Syria deposited an instrument of ratification on December 21, 1949; the UAR itself has not ratified or adhered to convention, but see ICAO Council Resolution of March 29, 1958. 11 The convention was signed only by Yugoslav Ambassador under date of January 6, 1954. 67717 O-61------89 PAGENO="1410" 1404 AIR LAWS AND TREATIES OF THE WORLD INTERNATIONAL CIViL AVIATION [ProtocoZ amendinr,i the convention of December 7, 194fl Br THE PRESIDENT OF THE UNITED STATES OF AMERICA A PBOCLAMATION WHEiu~&s a protocol, dated at Montreal June 14, 1954, relating to certain amendments to the Convention on International Civil Avia- tion was adopted by the Eighth .Session of the Assembly of the Inter- national Civil Aviation Organization; WHEREAS the text of the said protocol, in the English, French, and Spanish languages, as certified by the Secretary General of the Inter- national Civil Aviation Organization, is word for word as follows: PROTOCOL Relating To Certain Amendments to the Convention on International Civil Aviation THE ASSEMBLY OF THE INTERNATIONAL CIVIL AVIATION ORGANIZATION, HAVING MET in its Eighth Session, at Montreal, on the first day of June, 1954, and HAVING CONSIDERED it desirable to amend the Convention on Interna- tional Civil Aviation done as Chicago on the seventh day of Decem- ber, 1944, APPROVED, Ofl the fourteenth day of June of the year one thousand nine hundred and fifty-four, in accordance with the provisions of Article 94 (a) of the Convention aforesaid, the following proposed amendments to the said Convention: In Article 48 (a), substitute for the word "annually" the ex- pression "not less than once in three years" ;- In Article 49 (e), substitute for the expression "an annual bud- get" the expression "annual budgets"; and In Article 61, substitute for the expressions "an annual budget" and "vote the budget" the expressions "annual budgets" and "vote the budgets", SPECIFIED, pursuant to the provisions of the said Article 94 (a) of the said Convention, forty-two as the number of contracting States upon whose ratification the proposed amendments aforesaid shall come into force, and RESOLVED that the Secretary General of the International Civil Aviation Organization draw up a Protocol, in the English, French, and Spanish languages, each of which shall be of equal authenticity, embodying the proposed amendments above mentioned and the mat- ters hereinafter appearing. CONSEQUENTLY, pursuant to the aforesaid action of the Assembly, PAGENO="1411" AIR LAWS AND TREATIES OF THE WORLD 1405 This Protocol shall be signed by the President of the Assembly and its Secretary Generil; This Protocol shall be open to ratification by any State which has ratified or adhered to the said Convention on International Civil Aviation; The instruments of ratification shall be deposited with the Inter- national Civil Aviation Organization; This Protocol shall come into force among the States which have ratified it on the date on which the forty-second instrument of rati- fication is so deposited; The Secretary G~neral shall immediately notify all contracting States of the deposit of each ratification of this Protocol; The Secretary General shall immediately notify all States parties or signatories to the said Convention of the date on which this Protocol comes into force; With respect to any contracting State ratifying this Protocol after the date aforesaid, the Protocol shall come into force upon deposit of its instrument of ratification with the international Civil Aviation Organization. IN FAITH wHEREOF~ the President and the Secretary General of the Eighth Session of the Assembly of the International Civil Aviation Organization, being authorized thereto by the Assembly, sign this Protocol. DONE at Montreal on the fourteenth day of June of the year one thousand nine hundred and fifty-four in a single document in the English, French and Spanish languages, each of which shall be of equal authenticity. This Protocol shall remain deposited in the archives of the International Civil Aviation Oroanization; and certi- fied copies thereof shall be transmitted by the ~ecretary General of the Organization to all States parties or signatories to the Convention on International Civil Aviation done at Chicago on the seventh day of December, 1944. [French and Spanish texts omitted.] WALTER BINAGHI President of the Assembly Président de Z'Assemblée Presidente de la Asamblea CARL LJUNGBERG Secretary General of the Assembly Secre'taire general de l'Assemblee Secretario general de la Asamblea Certified to be a true and complete textual copy of the Act deposited In the Archives of the Organization Copie certifiée conforme et completète de l'Acte déposé aux Archives de l'Organisation Copla certificada, auténtica y completa del Acta depositada en los Archivos de la Organizaclén P. A. Rox [SEA 1.1 for Secretary General, Secrétalre Général, Secretarlo General PAGENO="1412" 1406 AIR LAWS AND TREATIES OF THE WORLD WHEREAS the Senate of the United States of America by their reso- lution of April 19, 1956, two-thirds of the Senators present concurring therein, did advise and consent to the ratification of the said protocol; WHEREAS the said protocol was duly ratified by the President of the United States of America on May 4, 1956, in pursuance of the afore- said advice and consent of the Senate; WHEREAS it is provided in the said protocol that the protocol shall come into force among the States which have ratified it on the date on which the forty-second instrument of ratification is deposited with the International Civil Aviation Organization; S WHEREAS instruments of ratification of the said protocol were de- posited with the International Civil Aviation Organization by Ethio- pia on October 25, 1954; Canada on November 4, 1954; the Dominican Republic on December 28, 1954; Finland on December 30, 1954; Ire- land on January 4, 1955; Ceylon on January 6, 1955; India on Jan- uary 19, 1955; Belgium on January 28, 1955; the United Kingdom of Great Britain and Northern Ireland on February 17, 1955; Egypt on March 15, 1955; Luxembourg on March 17, 1955; Iraq on March 25, 1955; Australia on April22, 1955; Mexico on May 13, 1955; the Nether- lands on May 31, 1955; Honduras on June 1, 1955; Denmark on June 4, 1955; Spain on June 6, 1955; Iceland on July 5, 1955; Sweden on July 8, 1955; the Republic of the Philippines on July 27, 1955; Portu- gal on September 20, 1955; Indonesia on October 18, 1955; Pakistan on October 21, 1955; Turkey on December 23, 1955; the Republic of China on February 16, 1956; Syria on March 8, 1956; Afghanistan on March 15, 1956; Austria on April 13, 1956; Switzerland on April 17, 1956; Norway on April 18, 1956; the United States of America on May 22, 1956; Bolivia on May 23, 1956; the Union of South Africa on May 24, 1956; Laos on June 4, 1956; New Zealand on June 8, 1956; Japan on June 21, 1956; Venezuela on July 6, 1956; Thailand on July 18, 1956; Argentina on September 21, 1956; Libya on December 6, 1956; and Greece on December 12, 1956. AND WHEREAS, pursuant to the aforesaid provisions of the said proto- col, the protocol came into force on December 12 1956; Now, THEREFORE, be it known that I, Dwight 1). Eisenhower, Presi- dent of the United States of America, do hereby proclaim and make public the said protocol relating to certain amendments to the Con- vention on International Civil Aviation to the end that the same and each and every article and clause thereof shall be observed and ful- filled with good faith, on and after December 12, 1956, by the United States of America and by the citizens of the United States of America and all other persons subject to the jurisdiction thereof. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed. Do~ at the city of Washington this first day of February in the year of our Lord one thousand nine hundred fifty-seven [SEAL] and of the Independence of the United States of America the one hundred eighty-first. DWIGHT P. EISENHOWER By the President: JOHN FOSTER Dur~r~s Secretary of State PAGENO="1413" AiR LAWS AND TREATIES OF THE WORLD 1407 INTERNATIONAL CIVIL AVIATION NOTE The foregoing protocol has been ratified by the following additional countries on the dates indicated: Czechoslovakia - February 21,1957 Israel May 13, 1957 Korea May 21, 1957 Morocco June 21, 1957 Burma August 16, 1957 Viet Nam December 30, 1957 United Arab Republic (1) Italy March 24, 1958 1 Assuming the rights and obligations of Egypt and Syria. See ICAO Council Reso~utlon of M~irch 29, 1958 (not included in this publication). PAGENO="1414" 1408 AIR LAWS AND TREATIES OF THE WORLD INTERNATIONAL AIR SERVICES TRANSIT AGREEMENT [59 Stat. 1693] The States which sign and accept this International Air Services Transit Agreement, being members of the International Civil Aviation Organization, declare as follows: ARTICLE I Section 1 Each contracting State grants to the other contracting States the following freedoms of the air in respect of scheduled international air services: (1) The privilege to fly across its territory without landing; (2) The privilege to land for non-traffic purposes. The privileges of this section shall not be applicable with respect to airports utilized for military purposes to the exclusion of any scheduled international air services. In areas of active hostilities or of military occupation, and in time of war along the supply routes leading to such areas, the exercise of such privileges shall be subject to the approval of the competent military authorities. Section ~? The exercise of the foregoing privileges shall be in accordance with the provisions of the Interim Agreement on International Civil Aviation and, when it comes into force, with the provisions of the Convention on International Civil Aviation, both drawn up at Chicago on December 7, 1944. Section 3 A contracting State granting to the airlines of another contractin State the privilege to stop for non-traffic purposes may require suc airlines to offer reasonable commercial service at the points at which such stops are made. Such requirement shall not involve any discrimination between airS lines operating on the same route, shall take into account the capacity of the aircraft, and shall be exercised in such a manner as not to prejudice the normal operations of the international air services concerned or the rights and obligations of.~a contracting State. Section 4 Each contracting State may, subject to the provisions of this Agreement, PAGENO="1415" AIR LAWS AND TREATIES OF THE WORLD 1409 (1) Designate the route to be followed within its territory by any international air service and the airports which any such services may use; (2) Impose or permit to be imposed on any such service just and reasonable charges for the use of such airports and other facilities; these charges. shall not be higher than would be paid for the use of such airports and tacilities by. its national aircraft engaged in similar international services: provided that, upon representation by an in- terested contracting State, the charges imposed for the use of airports ~nd other facilities shall be subject to review by the Càuncil of the International Civil Aviation Organization established under the ubove-mentioned Convention, which shall report and make recom- mendations thereon for the consideration of. the State or States concerned. Section 5. Each contracting State reserves the right to withhold or revoke a certificate or permit to an air transport enterprise of another State in any case where it is not satisfied that substantial ownership and effective control are vested in nationals of a contracting State, or in case of failure of such air transport enterprise to comply with the laws of the State over which it operates, or to perform its obligations under this Agreement. ARTICLE II Section 1 A contracting State which deems that action by another contracting State under this Agreement is causing injustice or hardship to it, may request the Council to examine the situation. The Council shall there- upon inquire into the matter, and shall call the States concerned into consultation. Should such consultation fail to resolve the difficulty, the Council may make appropriate findings and recommendations to the contracting States concerned. If thereafter a contracting State concerned shall in the opinion of the Council unreasonably fail to take suitable corrective action, the Council may recommend to the Assembly of the above-mentioned Organization that such contracting State be suspended from its rights and privileges under this Agreement until such action has been taken. The Assembly by a two-thirds vote may so suspend such contracting State for such period of time as it may deem proper or until the Council shall find that corrective action has been taken by such State. Section ~ If any disagreement between two or more contracting States re- lating to the interpretation or application of this Agreement cannot be settled by negotiation, the provisions of Chapter XVIII of the above-mentioned Convention shall be applicable in the same manner as provided therein with reference to any disagreement relatingto the interpretation or application of the above-mentioned Convention. PAGENO="1416" 1410 AIR LAWS AND TREATIES OF THE WORLD ARTICLE III This Agreement shall remain in force as long as the above-mentioned Convention; provided, however, that any contracting State, a party to the present Agreement, may denounce it on one year's notice given by it to the Government of the United States of America, which shall at once inform all other contracting States.of such notice and withdrawal. ARTICLE IV Pending the coming into force of the above-mentioned Convention, all references to it herein, other than those contained in Article II, Section 2, and Article V, shall be deemed to be references to the Interim Agreement on International Civil Aviation drawn up at Chicago on December 7, 1944; and references to the International Civil Aviation Organization, the Assembly, and the Council shall be deemed to be references to the Provisional International Civil Aviation Or- ganization, the Interim Assembly, and Interim Council, respectively. ARTICLE V For the purposes of this Agreement, "territory" shall be defined as in Article 2 of the above-mentioned Convention. ARTICLE VI Signatures and Acceptances of Agreement The undersigned delegates to the International Civil Aviation Con- ference, convened in Chicago on November 1, 1944, have affixed their signatures to this Agreement with the understanding that the Govern- ment of the United States of America shall be informed at the earliest possible date by each of the governments on whose behalf the Agree- ment has been signed whether signature on its behalf shall constitute an acceptance of the Agreement by that government and an obligation binding upon it. Any State a member of the International Civil Aviation Organi- zation may accept the present Agreement as an obligation binding upon it by notification of its acceptance to the Government of the United States, and such acceptance shall become effective upon the date of the receipt of such notification by that Government. This Agreement shall come into force as between contracting States upon its acceptance by each of them. Thereafter it shall become binding as to each other State indicating its acceptance to the Govern- ment of the United States on the date of the receipt of the acceptance by that Government. The Government of the United States shall inform all signatory and accepting States of the date of all acceptances of the Agreement, and of the date on which it comes into force for each accepting State. IN WITNESS WHEREOF, the undersigned, having been duly author- ized, sign this Agreement on behalf of their respective governments on the dates appearing opposite their respective signatures. DONE at Chicago the seventh day of December, 1944, in the English language. A text drawn up in the English, French, and Spanish lan- PAGENO="1417" AIR LAWS AND TREATIES OF THE WORLD 1411 guages, each of which shall be of equal authenticity, shall be opened for signature at Washington, D. C. Both texts shall be deposited in the archives of the Government of the United States of America, and certified copies shall be transmitted by that Government to the gov- ernments of all the States which may sign or accept this Agreement. For Afghanistan: A. HosAY1~ AZIZ Ror the Government of the Commonwealth of Australia: For Belgium: For Bolivia: TCNL. A. PAoIn~co. For Brazil: For Canada: For Chile: R SAENZ G. BISQUERT. R MAOALLANES B. For China: For Colombia: For Co8ta Rica: For Cuba: For Czecho8lovakia: For The Dominican Republic: For Ecuador: J. A. CORREA FRANCIsco GOMEZ JURADO For Egypt: M HASSAN M Rousim~ M. A. KHALIFA For El Salvador: For Ethiopia: For France: M. HYMANS C. LEBEL BotmoEs P. LoctrssoL For Greece: D N0TI BoTz~tiuz A. J. AROYROPOULOS For Guatemala: For Haiti: EDOUARD Ro~ For Hondura8: E. P L~viui For Iceland: For india: G BEW0OR For Iran: M. Sn~sn~a For Iraq: Au JAWDAT PAGENO="1418" 1412 AIR LAWS AND TREATIES OF THE WORLD For Ireland: For Lebanon: C Cii~iou~ .F Et~I1oss For Liberia: WAIm~ F WtLKER / For Luxembourg: For Mexico: PEDRO A CHAPA For The Netherlands: M. STEENBEROHE Coi~s F. E ARONSTEIN. For The Government of New Zealand: DANIEL Giu~s SULLIVAN For Nicaragua: R. E. FRIZEIL For Norway: For Panama: For Paraguay: For Peru: A REVOREDO J. S. KOECHLIN Luis AI~v~u~aDo F ELGUERA GuiLI~RMo VAN OORDT. For The Philippine Commonwealth: J HERNANDEZ EJEBANO A. Z~m JHFoLLT For Poland: ZBYSLAW CIoLKosz DR. H. J. GORECKI STEFAN J. KONOUsKI Wrrou A. IJRBANOWICZ LUDwIK `El. Gori'xni~I3 For Portugal: For Spain: E. TERRADAS GERMAN BAa41a4n For Sweden: R. Kui~nn~r For Liwiteeriand: Far Syria: For Turkey; S. Koo~ F. SAHi~As ORUAN H. EROL For The Union of South Africa: For The Governm~ent of The United Kingdom of Great Britain and Northern Island: I declare that, failing later notification of inclusion, my signature to this Agreement does not cover Newfoundland. Swuq'roN PAGENO="1419" AIR LAWS AND TREATIES OF THE WORLD 1413 For The United States of America: AuoLlr A Biiu~ JR AImD L. BuLwINKr~ CHAS. A. WOLVERTON F. LA GUARDIA EDWARD WARNER L. WELCH Pootn~ WILLIAM A. M. BURDEN For Uruguay: CARL CARBAJAL COL. MEDARDO R. FARIAS For Venezuela: La Delegación de Venezuela firma ad ref erendu~m y deja constancia de que la aprobación de este documento por su Gobierno está suje't~a a las disposiciones constitucionales de los Estados Unidos de Venezuela. FJSUCRE J BLANCO USTARIZ For Yugoslavia: For Denmark: HENRIK KAIIFFMANN For Thailand: M. R. SENI PRAMO~r EDITOR'S NOTE The foregoing agreement has been accepted by the following coun- tries on the dates indicated: -~ ~ May 17, 1~J45 Argentina - June 4, 1946 Australia __ . August 28, 1945 Austria December 10, 1958 Belgium . July 19, 1945 . Airll 4, 1947 - -~____ __~ February 10, 1945 Ceylon - May 31, 19451 Costa Rica . May 1, 1958 Cuba June 20, 1947 Czechoslovakia - . April 18, 1945 . December 1, 1948 * - March 13, 1947 ~or June 1, 1945 Etniopa - March 22, 1945 Finland April 9, 1957 France . June 24, 1948 Germany, Federal Republic w. June 8, 1956 Greece - September 21, 1945 Guatemala April 28, 1947 * nonduras ,~November 13, 1945 Iceland .. March 21, 1947 ~ Ceylonese note of April 1, 1957, states: "that Government of Ceylon considers itself a party to the International Air Services Transit Agreement since 31st May, 1945, the date on which the United Kingdom Government accepted the agreement." 2 Notification of denunciation by Guatemala of the International Air Services Transit Agreement received June 13, 1952; effective ~1une 13, 1958. Guatemala canceled its not!- fication of denunciation of the transit agreement on December 8, 1952, and requested that denunciation be considered as withdrawn. PAGENO="1420" 1414 AIR LAWS AND TREATIES OF THE WORLD India~. May 2, 1945 ~ Iran April 19, 1950 Iraq - June 15, 1945 Ireland November 15, 1957 Israel June 16, 1954 Japan October 20, 1953 Jordan March 18, 1947 Liberia March 19, 1945 Luxembourg April 28, 1048' Mexico June 25, 1946 ~Lorocco August 26, 1957 Netherlands January 12, 1945 ~New Zealand April 19, 1945' Nicaragua - December 28, 1945 Norway January 30, 1945 Pakistan August 15, 1947~ Paraguay - July 27, 1945 PhIlippines - March 22, 1946 Poland April 6, 1945 Spain July 30, 1945 Sweden . November 19, 1945 Switzerland July 6, 1945 Thailand March 6, 1947 Turkey - June 6, 1945 Union of South Africa November 30, 1945 United Kingdom May 31, 1945 `United States February 8, 10458 `Venezuela March 28, 1946 Reservation accompanying acceptance of India: "In signtf,ying their acceptance of these agreements [interim and transiti, the Government of India . . . do not regard Denmark or Thailand as being parties thereto . . .". (Reservation respecting Denmark on Interim agreement withdrawn by India July 18, 1946. Reservation respecting Thailand on transit agreement withdrawn by IndIa June 6, 1947. Reservation respecting Denmark on I ransit agreement withdrawn by India February 14. 1950.) `Reservation accompanying acceptance of New Zealand: ". . . the New Zealand Go's'- -ernment does not regard Denmark or Thailand as being parties to the Agreements mentioned [interim and transit] . . .". (Reservation respecting Denmark on interim agreement withdrawn by New Zealand April 29, 1946. Reservations respecting Thailand on the Interim and transit agreements are regarded as having been withdrawn by New Zealand January 31, 1947. Reservation respecting Denmark on transit agreement withdrawn by New Zealand December 13', 1949.) The Ambassador of Pakistan informed the Secretary of State by note No. F, 96/48/1 of March 24, 1948 "~ * * that by virtue of the provisions in Clause 4 of the Schedule of the Indian Independence (International Arrangements) Order, 1947, the International Air Services Transit Agreement signed by United India continues to be binding after the partition on the Dominion of Pakistan." The acceptance by India on May 2, 1945, of the transit agreement applied also to the territory, then a part of India, which later, on August 15, 1947, became Pakistan. The Ambassador of Pakistan informed the Secretary of State by note No. F. 96/50/3 of November 2&, 1950, of the withdrawal of the reservation made by IndIa, as it applied to Pakistan after partition from India, with respect to Denmark in connection with the transit agreement, the withdrawal being effective August 15, 1947. Reservation accompanying acceptance of the Philippines: "The above acceptance is based on the understanding * * * that the provisions of Article II, Section 2 of the International Air Services Transit Agreement shall become operative as to the Common- wealth of the Philippines at such time as the Convention on International Civil Aviation shall be ratified in accordance with the Constitution and laws of the Philippines." (Philippine instrument of ratification of the Convention on International Civil Aviation deposited March 1, 1947.) Reservation accompanying acceptance of the United Kingdom: "In signifying their acceptance of the said Agreement [Interim and transit],, the Government of the United Kingdom . . . neither regard the Governments of Denmark and Siam tThailandl as being parties thereto . . .". (Reservation respecting Denmark on interim agreement withdrawn by United Kingdom March 30, 1946. Reservation respecting Denmark on transit agreement withdrawn by United Kingdom March 10, *1951Y. Reservations respect- ing Thailand on interim and transit agreements withdrawn by United Kingdom March 10. ~950.) Reservation accompanying acceptance of the United States: "These acceptances by the Government of the United States of America are given with the understanding that the provisions of Article II. Section 2, of the International Air Services Transit Agree- ment and the provisions of Article IV, Section 3, of the International Air Transport Agreement shall become operative as to the United States of America at such time as the Convention on International Civil Aviation . . . shall he ratified by the United States of America". (The United States of America denounced the International Air Transport Agreement July 25, 1946; effective July 25, 147. United States instrument of ratification of the Convention on International Civil Aviation deposited August 9, 1946.) PAGENO="1421" AIR LAWS AND TREATIES OF THE WORLD 1415 CONVENTION ON THE INTERNATIONAL RECOGNITION OF RIGHTS IN AIRCRAFT "Mortgage Convention" [4 U. S. 7'. 1830] WHEREAS the International Civil Aviation Conference, held at Chi- cago in November-December 1944, recommended the early adoption of a Convention dealing with the transfer of title to aircraft, WHEREAS it is highly desirable in the interest of the future expansion of international civil aviation that rights in aircraft be recognised internationally, THE UNDERSIGNED, duly authorized, HAVE AGREED, on behalf of their respective Governments, AS FOLLOWS: ARTICLE I (1) The Contracting States undertake to recognise: (a) rights of property in aircraft; (b) rights to acquire aircraft by purchase coupled with posses- sion of the aircraft; (c) rights to possession of aircraft under leases of six months or more; (d) mortgages, hypotheques and similar rights in aircraft which are contractually created as security for payment of an indebtedness; provided that such rights (i) have been constituted in accordance with the law of the Contracting State in which the aircraft was registered as to nationality at the time of their constitution, and (ii) are regularly recorded in a public record of the Contract- ing State in which the aircraft is registered as to nationality. The regularity of successive recordings in different Contracting States shall be determined in accordance with the law of the State where the aircraft was registered as. to nationality at the time of each recording. (2) Nothing in this Convention shall prevent the recognition of any rights in aircraft under the law of any Contracting State; but Con- tracting States shall not admit or recognise any right as taking priority over the rights mentioned in paragraph (1) of this Article. ARTICLE II (1) All recordings relating to a given aircraft must appear in the same record. (2) Except as otherwise provided in this Convention, the effects of the recording of any right mentioned in Article I, paragraph (1), with regard to third parties shall be determined according to the law of the Contracting State where it is recorded. PAGENO="1422" 141r~ AIR LAWS AND TREATIES OF THE WORLD (3) A contracting State may prohibit the recording of any. right which cannot validly be constituted according to its national law. ABTI0LE III (1) The address of the authority responsible for maintaining the record must be shown on every aircraft's certificate of registration as to nationality. (2) Any person shall be entitled to recei~ from the authority duly certified copies or extracts of the particulars recorded. Such copies or extracts shall constitute prima facie evidence of the contents of the record. (3) If the law of a Contracting State provides that the filing of a document for recording shall have the same effect as the recording, it shall have the same effect for the purposes of this Convention. In that case, adequate provision shall be made to ensure that such document is open to the public. (4) Reasonable charges may be made for services performed by the authority maintaining the record. ARTICLE IV (1) In the event that any claims in respect of: (a) compensation due for salvage of the aircraft, or (b) extraordinary expenses indispensable for the preservation of the aircraft give rise, under the law of the Contracting State where the operations of salvage or preservation were terminated, to a right conferring a charge against the aircraft, such right shall be recogmsed by Contract- ing States and shall take priority over all other rights in the aircraft. (2) The rights enumerated in paragraph (1) shall be satisfied in the inverse order of the dates of the incidents in connexion with which they have arisen. (3) Any of the said rights may, within three months from the date of the termination of the salvage or preservation operations, be noted on the record. (4) The said rights shall not be recognised in other Contractin States after expiration of the three months mentioned in paragrap (3) unless, within this period, (a) the right has been noted on the record in conformity with paragraph (3), and (b) the amount has been agreed upon or judicial action on the right has been commenced. As far as judicial action is concerned, the law of the forum shall determine the contingencies upon which the three months period may be interrupted or suspended. (5) This Article shall apply notwithstanding the provisions of Article I, paragraph (2). ARTICLE V The priority of a right mentioned in Article I, paragraph (1) (d), extends to all sums thereby secured. However, the amount of interest included shall not exceed that accrued during the three years prior to the execution proceedings together with that accrued during the execution proceedings. PAGENO="1423" AIR LAWS AND TREATIES OF THE WORLD 1417 ARTIcLE VI In case of attachment or sale of an aircraft in execution, or of any right therein, the Contracting States shall not be obliged to recognise, as against the attaching or executing creditor or against the purchaser, any right mentioned in Article I, paragraph (1), or the transfer of any such right, if constituted or effected with knowledge of the sale or execution proceedings by the person against whom the proceedings are directed. Ai~nci~ VII (1) The proceedings of a sale of an aircraft in execution shall be determined by the law of the Contracting State where the sale takes place. (2) The following provisions shall however be observed: (a) The date and place of the sale shall be fixed at least six weeks in advance. (b) The executing creditor shall supply to the Court or other competent authority a certified extract of the recordings con- cerning the aircraft. He shall give public notice of the sale at the place where the aircraft is registered as to nationality, in ac- cordance with the law there applicable, at least one month before the day fixed, and shall concurrently notify by registered letter, if possible by air mail, t1~ie recorded owner and the holders of recorded rights in the aircraft and of rights noted on the record under Article IV, paragraph (3), according to their addresses as shown on the record. (3) The consequences of failure'to observe the requirements of para- graph (2) shall be as provided by the law of the Contracting State where the sale takes place. However, any sale taking place in con- travention of the requirements of that paragraph may be annulled upon demand made within six months from the date of the sale by any person suffering damage as the result of such contravention. (4) No sale in execution can be effected unless all rights having priority over the claim of the executing creditor in accordance with this Convention which are established before the competent authority, are covered by the proceeds of sale or assumed by the purchaser. (5) When injury or damage is caused to persons or property on the surface of the Contracting State where the execution sale takes place, by any aircraft subject to any right referred to in Article I held as security for an indebtedness, unless adequate and effective insurance by. a State or an insurance undertaking in any State has been pro- vided by or on behalf of the operator to cover such injury or damage, the. national law of such Contracting State may provide in case of the seizure of such aircraft or any other aircraft owned by the same person and encumbered with any similar right held by the same creditor: (a) that the provisions of paragraph (4) above shall have no effect with regard to the person suffering such injury or damage or his representative if he is an executing creditor; (b) that any right referred to in Article I held as security for an indebtedness encumbering the aircraft may not be set up against any person suffering such injury or damage or his representative in excess of an amount equal to 80% of the sale price. PAGENO="1424" 1418 AIR LAWS AND TREATIES OF THE WORLD In the absence of other limit established by the law of the Con- tracting State where the execution sale takes place, the insurance shall be considered adequate within the meaning of the present para- graph if the amount Of the insurance corresponds to the value when new of the aircraft seized in execution. (6) Costs legally chargeable under the law of the Contracting State where the sale takes place, which are incurred in the common interest of creditors in the course of execution proceedings leading to sale, shall be paid out of the proceeds of sale before any claims, including those given preference by Article IV. ARTICLE VIII Sale of an aircraft in execution in conformity with the provisions of Article VII shall effect the transfer of the property in such aircraft free from all rights which are not assumed by the purchaser. ARTICLE IX Except in the case of a sale in execution in conformity with the pro- visions of Article VII, no transfer of an aircraft from the nationality register or .the record of a. Contracting State to that of another Con- tracting State shall be made, unless all holders of recorded rights have been satisfied or consent to the t~ansfer~ ARTICLE X (1) If a recor4ed right in an aircraft of the nature specified in Article 1, and held as security for the payment of an indebtedness, extends, in conformity with the law of the Contracting State where the aircraft is registered, to spare parts stored in a specified place or places, such right shall be recognised by all Contracting States, as long as the spare parts remain in the place or places specified, provided that an appropriate public notice, specifying the description of the right, the name and address of the holder of this right and the record in which such right is recorded, is exhibited at the place where the spare parts are located, so as to give due notification to third parties that such spare parts are encumbered. (2) A statement indicating the character and the approximate number of such spare parts shall be annexed to or included in the recorded document. Such parts may be replaoed by similar parts without affecting the right of the creditor. (3) The provisions of Article VII, paragraphs (1) and (4), and of Article VIII shall apply to a sale of spare parts in execution. How- ever, where the executing creditor is an unsecured creditor, paragraph 4 of Article VII in its application to such a sale shall be construed so as to permit the sale to take place if a bid is received in an amount not less than two-thirds of the value of the spare parts as determined by experts appointed by the authority responsible for the sale. Further~ in the distribution of the proceeds of sale, the competent authority may, in order to provide for the claim of the executing creditor, limit. the amount payable to holders of prior rights to two-thirds of such proceeds of sale after payment of the costs referred to in Article~ VII, paragraph (6). PAGENO="1425" AIR LAWS AND TREATIES OF THE WORLD 1419 (4) For the purpose of this Article the term "spare parts" means parts of aircraft, engines, propellers, radio apparatus, instruments~ appliances, furnishings, parts of any of the foregoing, and generally any other articles of whatever description maintained for installation in aircraft in substitution for parts or articles removed. ARTICLE XI (1) The provisions of this Convention shall in each Contracting State apply to all aircraft registered as to nationality in another Contractmg State. (2) Each Contracting State shall also apply to aircraft there regis- tered as to nationality: (a) The provisions of Articles 11,111, IX, and (b) The provisions of Article IV, unless the salvage or preser-~ vation operations have been terminated within its own territory.~ ARTICLE XII Nothing in this Convention shall prejudice the right of any Con- tracting State to enforce against an aircraft itsnational laws relating to immigration, customs or air navigation. ARTICLE XIII This Convention shall not apply to aircraft used in military, customs or police services. ARTICLE XIV For the purpose of this Convention, the competent judicial and administrative authorities of the Contracting States may, subject to any contrary provision in their national law, correspond directly. with each other. ARTICLE XV The Oontracting States shall take such measures' as are necessary' for the fulfilment of the provisions of this Convention and.shall forth~ with inform the Secretary General of the International Civil Aviation Organization of these measures. ARTICLE XVI. For the purposes of this Convention the term "aircraft" shall in- clude the airframe, engines, propellers, radio apparatus, and all other articles intended for use in the aircraft whether installed therein or' temporarily separated therefrom. ARTICLE XVII If a separate register of aircraft for purposes'of nationality is main~L tamed in any territory for whose foreign relations a Contracting Stat& is responsible, references in this Convention to the law of the Con- tracting State shall be construed as references to the law of that territory. . 67717 O-61--90 PAGENO="1426" 1420 AIR LAWS AND TREATIES OF THE WORLD ARTICLE XVIII This Convention shall remain open for signature until it comes into force in accordance with the provisions of Article XX. ARTICLE XIX (1) This Convention shall be subject to ratification by the signa- tory States. (2) The instruments of ratification shall be deposited in the archives of the International Civil Aviation Organization, which shall give notice of the date of deposit to each of the signatory and adhering States. ARTICLE XX (1) As soon as two of the signatory States have deposited their instruments of ratification of this Convention, it shall come into force between them on the ninetieth day after the date of the deposit of the second instrument of ratification. It. shall come into force, for each State which deposits its instrument of ratification after that date, on the ninetieth day after the deposit of its instrument of ratification. (2) The International Civil Aviation Organization shall give notice to each signatory State of the date on which this Convention comes. into force. ~3) As soon as this Convention comes into, force, it shall be regis- ~ered with the United Nations by the Secretary General of the In- ternational Civil Aviation Organization. ARTICLE XXI (1) This Convention shall, after it has come into force, be open for adherence by non-signatory States. (2) Adherence shall be effected by the deposit of an instrument of adherence in the archives of the International Civil Aviation Organ- ization, which shall give notice of the date of the deposit to each signatory and adhering State. (3) Adherence shall take effect as from the ninetieth day after the date of the deposit of the instrument of adherence in the archives of the International Civil Aviation Organization. ARTICLE XXII (1) Any Contracting State may denounce this Convention by noti- fication of denunciation to the International Civil Aviation Organiza- tion, which shall give notice of the date of receipt of such notification to each signatory and adhering State. (2) Denunciation shall take effect six months after the date of receipt by the Internatioi tal Civil Aviation Organization of the noti- fication of denunciation: . ARTICLE XXIII (1) Any State may at the time of deposit of its instrument of ratification or adherence, declare that its acceptance of this~ Conven- PAGENO="1427" AIR LAWS AND TREATIES OF THE WORLD 1421 tion does not apply to any one or more of the territories for the foreign relations of which such State is responsible. (2) The International Civil Aviation Organization shall give notice of any such declaration to each signatory and adhering State. (3) With the exception of territories in respect of which a declara- tion has been made in accordance with paragraph (1) of this Article, this Convention shall apply to all territories for the foreign relations of which a Contracting State is responsible. (4) Any State may adhere to this Convention separately on behalf of all or any of the territories regarding which it has made a declara- tion in accordance with paragraph (1) of this Article and the pro- visions of paragraphs (2) and (3) of Article XXI shall apply to such adherence. (5) Any Contracting State may denounce this Convention, in accordance with the provisions of Article XXII, separately for all or any of the territories for the foreign relations of which such State is responsible. IN WITNESS WHEREOF the undersigned Plenipotentiaries, having been duly authorized, have signed this Convention. DoNE at Geneva, on the nineteenth day of the month of June of the year one thousand nine hundred and forty-eight in the English, French and Spanish languages, each text being of equal authenticity. This Convention shall be deposited in the archives of the Inter- national Civil Aviation Organization where, in accordance with Article XVIII, it shall remain open for signature. Argentina El Gobierno Argentina hace reserva de otorgar a siis creditos fiscales la preferencia acordada en su legisla- cion naciona).. JUAN F. F~ia Guiw~o SUATA Aiw~no A. IRON Luis A. Ar.nwi J. DH. OL. (J. DAMIANOVIOH-OLIVIiIRA) Belgiuim E. Ar~t~ P.A~T.nsSn~r Bra2il H. C. MACHADO TRAJANO FURTAD0 ItEis A. PAULO Moim.a E. P~ BARBOSA DA SII~vA A. S. MARTINS-MAJORAS China Wu NANJU Coiombia MAm~IcIo P. OBREGON France HYMANS H. B~ucn~ ANDR1~ GARNAtTLT IceZatu.~1 AGNAR KOFOED-HANSEN PAGENO="1428" 1422 AIR LAWS AND TREATIES OF THE WORLD italy PAFALD0 Mexico ENEIQUE M. LOAEZA REF. Netherlands H. ~JL SPANJAARD Pour le Royaume en Europe Peru J. SAN MARTIN A. WAGNER Portugal HtTMBERTO DEI.~t1x MANUEL FERNANDES United Kingdom F. TYMMS R. 0. WIr~ieEmroRcE United States RUSSELL B. Ar~&Ms Venezuela J. Lopez H. Dominican Republic HANOT D'HARTOY ad ref. S'witzerland ED. AMSTUTZ G-reece P. A. METAXA8 ad referendum Chile El Gobierno de Chile se reserva el derecho, con relacion a art. 10, inc. (2) del Convenio, de reconocer como derechos preferentes, de acuerdo con ei orden establecido en su icy nacional, ci credito del fisco por impuestos, tasas o derechos adenados por ci. propietario o tenedor de la aeronave y devengados en ci servicio de esta, y el credito del trabajo por los sueldos y salarios de la tripulacion, por ci périodo que limite la icy nacional. G. EDWARD D. HAMILTON RAMON Roni~iatn~z Ireland Tu~io'rrn~ J. O'DRIsoo'~I~ I hereby certify that the present document is a full, true and correct copy of the Convention deposited in the Archives of the International Civil Aviation Organization. ALBERT ROPER EDITOR'S NOTE The foregoing convention was ratified by the United States on September 7, 1949. On April 5, 1950, the Government of Mexico deposited an instrument of ratification which contained a reservation. The United States Government informed the Secretary General of ICAO in a letter dated July 1, 195.0, that it considered the reservation PAGENO="1429" AIR LAWS AND TREATIES OF THE WORLD 1423 attached by Mexico to its ratification to be in the nature of an amend- ment which would, to a considerable degree, vitiate the protection offered by the Convention to persons having property rights in air- craft, and that consequently the Government of the United States was unable to accept the reservation made by the Government of Mexico and would not regard the Convention, as ratified by Mexico, as having entered into force between the United States and Mexico. The Convention was ratified by Pakistan on June 19, 1953, by Brazil on July 3, 1953, by Norway on March 5, 1954, by Sweden on Novem- ber 16, 1955, and by Chile on December 19, 1955. Under the terms of Article XX the Convention came into force with respect to the United States and Pakistan on September 17, 1953, with respect to Brazil on October 1, 1953, with respect to Norway on June 3, 1954, with respect to Sweden on February 14,1956, and with respect to Chile on March 18, 1956. Argentina deposited an instrument of ratification on January 31, 1958. Instruments of adherence were deposited by: Laos, on June 4, 1956; Ecuador, on July 14, 1958; and by El Salvador, on August 14, 1958. PAGENO="1430" PAGENO="1431" AIR LAWS AND TREATIES OF THE WORLD 1425 2. BILATERAL AGREEMENTS Air Services Agreement Between the UNITED STATES of AMERICA and the UNITED KINGDOM of GREAT BRITAIN and NORTHERN IRELAND GSigned at Bermuda February 11, 1946 oEffective February 11, 1946 and Final Act of the Civil Aviation Conference Held at Bermuda January 15 to February 11, 19461 1 Treaties and Other InternatiOnal Acts Series 1507. PAGENO="1432" 1426 AIR LAWS AND TREATIES OF THE WORLD AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE UNITED KINGDOM RELATING TO AIR SERVICES BETWEEN THEIR RESPECTIVE TERRITORIES. PAGENO="1433" AIR LAWS AND TREATIES OF THE WORLD 1427 THE GOVERNMENT OF THE UNITED STATES OF AMER- ICA AND THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, Desiring to conclude an Agreement for the purpose of promoting direct air communications as soon as possible between their respective territories, Have accordingly appointed authorised representatives for this purpose, who have agreed as follows:- ARTICLE 1 Each Contracting Party grants to the other Contracting Party rights to the extent described in the Annex to this Agreement for the purpose of the establishment of air services described therein or as amended in accordance with Section IV of the Annex (hereinafter referred to as "the agreed services"). ARTICLE 2 (1) The agreed services may be inaugurated immediately or at a later date at the option of the Contracting Party to whom the rights are granted, but not before (a) the Contracting Party to whom the rights have been granted has designated an air carrier or carriers for the specified route or routes, and (b) the Contracting Party granting the rights has given the appropriate operating permission to the air carrier or carriers concerned (which, subject to the provisions of para- graph (2) of this Article and of Article 6, it shall do without undue delay). (2) The designated air carrier or carriers may be required to satisfy the aeronautical authorities of the Contracting Party granting the rights that it or they is or are qualified to fuffil ~the conditions pre- scribed by or under the laws and regulations normally applied by those authorities to the operations of commercial air carriers. (3) In areas of mffitary occupation, or in areas affected thereby, such inauguration wifi continue to be subject, where necessary, to the approval of the competent military authorities. ARTICLE 3 (1) The charges which either of the Contracting Parties may im- pose, or permit to be imposed, on the designated air carrier or carriers of the other Contracting Party for the use of airport~ and other facili- ties shall not be higher than would be paid for the use of such airports PAGENO="1434" 1428 AIR LAWS AND TREATIES OF THE WORLD and facilities by its national aircraft engaged in similar intemationaI~ air services. (2) Fuel, lubricating oils and spare parts introduced into, or taken on board aircraft in, the territory of one Contracting Party by, or on behalf of, a designated air carrier of the other Contracting Party and intended solely for use by the aircraft of such carrier shall be accorded, with respect to customs duties, inspection fees or other charges im- posed by the former Contracting Party, treatment not less favourable than that granted to national air carriers engaged in international air services or such carriers of the most favoured nation. (3) Supplies of fuel, lubricating oils, spare parts, regular equipment and aircraft stores retained on board aircraft of a designated air carrier of one Contracting Party shall be exempt in the territory of the other Contracting Party from, customs duties, inspection fees or similar duties or charges, even though such supplies he used by such aircraft on flights within that territory. A~RTICLE 4 Certificates of airworthiness,, certificates of competency and licenses issued or rendered valid by One Contracting Party and still in force shall be recognised as valid by the other Contraóting Party for the purpose of operation of the agreed services. Each Contracting Party reserves the right, however, to refuse to recognise for the purpose of flight above its own territory, certificates of competency and licenses granted to its own nationals by another state. ARTICLE 5 (1) The laws and regulations of one Contracting Party relating to entry into or departure from its territory of aircraft engaged in inter-. national air navigation or to the operation and navigation of such aircraft while `within its territory shall apply to aircraft of the desig- nated air carrer or carriers of the other Contracting Party. (2) The laws and regulations of one Contracting Party relating to the entry into or departure from its territory of passengers, crew, or cargo of aircraft (such as regulations relating to entry, clearance, im.. migration, passports, customs and quarantine) shall be applicable to the passengers, crew or cargo of the aircraft of the designated air carrier or carriers of the other Contracting Party while in the territory of the first Contracting Party. ARTICLE 6 Each Contracting Party reserves the right to withhold or revoke the exercise of the rights specified in the Annex to this Agreement by a carrier designated by the other Contracting Party in the event that PAGENO="1435" AIR LAWS AND TREATIES OF THE WORLD 1429 it is not satisfied that substantial ownership and effsctive control of such carrier are vested in nationals of either Contracting Party, or in case of failure by that carrier to comply with the laws and regulations referred to in Article 5 hereof, or otherwise to fulifi the conditions under which the rights are granted in accordance with this Agreement and its Annex. ARTICLE 7 This Agreement shall be registered with the Provisional Interna- tional Civil Aviation Organisation set up by the Interim Agreement on International Civil Aviation signed at. Chicago on ~ecember 7, 1944['] ARTICI4E 8 Except as otherwise provided in this Agreement or its Annex, if either of the Contracting Parties considers it desirable to modify the terms of the Annex to this Agreement, it may request consultation between the aeronautical authorities of both Contracting Parties, such consultation to begin within a period of sixty days from the date of the request. When these authorities agree on modifications to the Annex, these modifications will come into effect when they have been confirmed by an Exchange of Notes through the diplomatic channel. ARTICLE 9 Except as otherwise provided in this Agreement or in its Annex, any dispute between the Contracting Parties relating to the inter- pretation or application of this Agreement or its Annex which cannot be settled through consultation shall be referred for an advisory report to the Interim Council of the Provisional International Civil Aviation Organisation (in accordance with the provisions of Article III Section 6 (8) of the Interim Agreement on International Civil Aviation signed at Chicago on December 7, 1944) or its successor. ARTICLE 10 The terms and conditions of operating rights which. may have been~ granted previously by either Contracting Party to the other Con- tracting Party or to an air carrier of such other Contracting Party shall not be abrogated by the present Agreement. Except as may be modified by the present Agreement, the general principles of the air navigation arrangement between the two Contracting Parties, which was effected by an Exchange of Notes dated March 28 and April 5, 1935, shall continue in force inso far as they are applicable to scheduled international air services, until otherwise agreed by the Contracting Parties. $(Executive Agreement Series 469.1 PAGENO="1436" 1430 AIR LAWS AND TREATIES OF THE WORLD ARTICLE 11 If a general multilateral air Convention enters into force in relation to both Contracting Parties, the present Agreement shall be amended so as to conform with the provisions of such Convention. ARTICLE 12 For the purposes of this Agreement and its Annex, unless the context otherwise requii~es: (a) The term "aeronautical authorities" shall mean, in the case of the~ United States, the Civil Aeronautics Board and any person or body authorised to perform the functions presently exercised by the Board or similar functions, and, in the case of the United Kingdom,. the Minister of Civil Aviation for the time being, and any person or body authorised to perform any functions presently exercised, by the said Minister or similar functions. (b) The term "designated air carriers" shall mean the air transport enterprises which the aeronautical authorities of one of the Con- tracting Parties have notified in writing to the aeronautical authorities of the other Contracting Party as the air carriers designated by it in accordance with Article 2 of this Agreement for the routes specified in such notification. (c) The term "territory" shall have the meaning assigned to it by Article 2 of the Convention on International Civil Aviation signed at Chicago on December 7, 1944. [`~ (d) The `definitions contained in paragraphs (a), (b) and (d) of Article 96 of the Convention on International Civil Aviation signed at Chicago on December 7, 1944 shall apply. ARTICLE 13 Either Contracting Party may at any time request consultation with the other with a view to initiating any amendments of this Agreement or its Annex which may be desirable in the light of experi- ence. Pending the outcome of such consultation, it shall be open ~to either Party at any. time to give notice to the other of its desire `to .terminate this Agreement. Such notice shall be simultaneously communicated to the Provisional International Civil Aviation Organisation or its successor. If such notice is given, this Agreement shall terminate twelve calendar months after the date of receipt of the notice by the other Contracting Party, unless the notice to terminate is withdrawn by agreement before the exph'y of this period. In the absence of acknowledgment of receipt by the other Contracting Party notice shall be deemed to have been received fourteen days lllnternational Civil Aviation Conference, Chicago, Illinois, November 1 to Decem. ber 7, 1944, Final Act and Related Documents, pp. 59-86.1 PAGENO="1437" AIR LAWS AND TREATIES OF THE WORLD 1431 after the receipt of the notice by the Provisional International Civil Aviation Organisation or its successor. ARTICLE 14 This Agreement, including the provisions of the Annex hereto, will come into force on the day it is signed. IN WITNESS whereof the undersigned, being duly authorised thereto by their respective Governments, have signed the present Agreement. DONE in duplicate this eleventh day of February Nineteen-hundred- and-forty-six at Bermuda. For the Government of the United States of America GEORGE P. BAKER HARLLEE BRANCH STOKELEY W. MORGAN GARRISON NORTON L. WELCH POGUE OSWALD RYAN. For the Government of the United Kingdom of Great Britain and Northern Ireland A. H. SELF W. P. HILDRED W J BIGG. L. J. DUNNETT PETER G. MASEFIELD PAGENO="1438" 1432 AIR LAWS AND TREATIES OF THE WORLD ANNEX I For the purposes of operating air services on the routes specified below in Section III of this Annex or as amended in accordance with Section IV here~f, the designated air carriers of one of the. Contracting Parties shall be accorded in the territory `of the other Contracting Party the use on the said routes at each of the places specified therein of all the airports (being airports designated for international air serv- ices), together with ancillary facilities and rights of transit, of stops for non-traffic purposes and of commercial entry and departure for international traffic in passengers, cargo and mail in full accord and compliance with the principles recited and agreed in the Final Act of the Conference on Civil Aviation held between. the Governments of the United States and of the United Kingdom at Bermuda from Jan- uary 15 to February 11, 1946, and subject to theprovisions of Sections II and V of this Annex. II (a) Rates to be charged by the air carriers of either Contracting Party between points in the territory of the United States and points in the territory of the United Kingdom referred to in this Annex shall be subject to the approval of the Contracting Parties within their respective constitutional powers and obligations. In the event of dis- agreement the matter in dispute shall be handled a.s provided below. (b) The Civil Aeronautics Board of the United States having an- nounced its intention to approve the rate conference machinery of the International Air Transport Association (hereinafter called "IATA"), as submitted, for a period of one year beginning in February, 1946, any rate agreements concluded through this machinery during this period and involving United States air carriers will be subject to approval by the Board. (c) Any new rate proposed by the air carrier or carriers of either Contracting Party shall be filed with the aeronautical authorities of both Contracting Parties at least thirty days before the proposed date of introduction; provided that this period of thirty days may be re- duced in particular cases if'so agreed by the aeronautical authorities of both Contracting Parties. (d) The Contracting Parties hereby agree that where: (1) during the period of the Board's approval of the IATA rate conference machinery, either any specific rate agreement is not PAGENO="1439" AIR LAWS AND TREATIES OF THE WORLD 1433 approved within a reasonable time by either Contracting Party or a conference of JATA is unable to agree on a rate, or (2) at any time no IATA machinery is applicable, or (3) either Contracting Party at any time withdraws or fails to renew its approval of that part of the IATA rate conference machinery relevant to this provision, the procedure described in paragraphs (e), (f) and (g) hereof shall apply. (e) In the event that power is conferred by law upon the aeronautical authorities of the United States to fix fair and economic rates for the transport of persons and property by air on international services and to suspend proposed rates in a manner comparable to that in which the Civil Aeronautics Board at present is empowered to act with respect to such rates br the transport of persons and property by air within the United States, each of the Contracting Parties shall thereafter exercise its authority in such manner as to prevent any rate or rates proposed by one of its carriers for services from the territory of one Contracting Party to a point or points in the territory of the other Contracting Party from becoming effective, if, in the judgment of the aeronautical authorities of the Contracting Party whose air carrier or carriers is or are proposing such rate, that rate is unfair or uneconomic. If one of the Contracting Parties on receipt of the notification referred to in paragraph (c) above is dissatisfied with the new rate proposed by the air carrier or carriers of the other Contracting Party, it shall so notify the other Contracting Party prior to the expiry of the first fifteen of the thirty days referred to, and the Contracting Parties shall endeavour to reach agreement on the appropriate rate. In the event that such agreement is reached each Contracting Party will exercise its statutory powers to give effect to such agreement. If agreement has not been reached at the end of the thirty day period referred to in paragraph (c) above, the proposed rate may, unless the aeronautical authorities of the country of the air carrier concerned see fit to suspend its operation, go into effect provisionally pending the settlement of any dispute in accord- ance with the procedure outlined in paragraph (g) below. (f) Prior to the time when such power may be conferred by law upon the aeronautical authorities of the United States, if one of the Contracting Parties is dissatisfied with any new rate proposed by the air carrier or carriers of either Contracting Party for services from the territory of one Contracting Party to a point or points in the territory of the other Contracting Party, it shall so notify the other prior to the expiry of the first fifteen of the thirty day period referred PAGENO="1440" 1434 AIR LAWS AND TREATIES OF THE WORLD to in paragraph (c) above, and the Contracting Parties shall endeavour to reach agreement on the appropriate rate. In the event that such~ agreement is reached each Contracting Party will use its best efforts to cause such agreed rate to be put into effect by its air carrier or carriers. It is recognised that if no such agreement can be reached prior to the expiry of such thirty days, the Contracting Party raising the objection to the rate may take such steps as it may consider necessary to prevent the inauguration or continuation of the service in question at the rate complained of. (g) When in any case under paragraphs (e) and (f) above the aeronautical authorities of the two Contracting Parties cannot agree within a reasonable time upon the appropriate rate after consultation initiated by the complaint of one Contracting Party concerning the proposed rate or an existing rate of the air carrier or carriers of the other Contracting Party, updn the request of either, both Contracting Parties shall submit the question to the Provisional International Civil Aviation Organisation or to its successor for an advisory report, and each Party will use its best efforts under the powers available to it to put into effect the opinion expressed in such report. (h) The rates to be agreed in accordance with the above paragraphs shall be fixed at reasonable levels, due regard being paid to all relevant factors, such as cost of operation, reasonable profit and the rates charged by any other air carriers. (j) The Executive Branch of the Govermnent of the United States agrees to use its best efforts to secure legislation empowering the aeronautical authorities of the United States to fix fair and economic rates for the transport of persons and property by air on international services and to suspend proposed rates in a manner comparable to that in which the Civil Aeronautics Board at present is empowered to act with respect to such rates for the transport of persons and property by air within the United States. PAGENO="1441" AIR LAWS AND TREATIES OF THE WORLD 1435 III (a) ROUTES TO BE SERVED BY AIR CARRIERS OF THE UNITED KINGDOM (In both directions; stops for non-traffic purposes omitted) POINT OF DEPARTURE (Any one or more of the following) 1. London INTERMEDIATE POINTS (Any one or more of the following, If desired) DESTINATION IN U. S. TERRITORY (Any one or more of the following, if desired) POINTS BEYOND (Any one or more of the following, if desired) New York San the Francisco and points on Route 7. 2. London Shannon New York Prestwick Iceland Azores Chicago Detroit Bermuda Gander Montreal Philadelphia Washington Baltimore Boston 3.*London Prestwick Shannon Iceland Azores Bermuda Gander Montreal New York ~ (a) (b) New Orleans Mexico City Cuba Jamaica Panama A point in Colombia A point in Ecuador Lima Santiago 4. Bermuda Baltimore Washington New York Montreal. 5.*Trinidad British Guiana Tobago Barbados Miami Jamaica Grenada British Honduras St. Vincent St. Lucia Antigua St. Kitts St. Thomas San Juan Ciudad Trujillo Port au Prince Jamaica Cuba Nassau Bermuda . ~ . 6. Nassau Miami Beach Cat Cay Palm 7. Singapore Hong Kong Manila Guam. Wake Midway Honolulu San Francisco . Notlce will be given by the aeronautical authorities of the United Kingdom to the aeronautical authar~ Ities of the United States of the route service patterns according tç wl~içh servic~s will be in~ugu~~ted o~n theap routp~, 6771.7 O-61--91 PAGENO="1442" 1436 AIR LAWS AND TREATIES OF THE WORLD (li) ROUTES TO BE SERVED BY AIR CARRIERS OF THE UNITED STATE (In both directions; stops for non-traffic purposes omitted) POINT OF INTERMEDIATE DESTINATION IN DEPARTURE POINTS U. K. TERRITORY POINTS BEYOND (Any one or more of the (Any one or snore of the. (Any one or more of the (Any one or more of the following) following, if desired) following, if desired) following, if desired) Gander London Greenland Prestwick Iceland Shannon 1.*Chicago Detroit Washington Philadelphia New York Boston Baltimore Amsterdam Helsinki Copenhagen Stavanger Oslo Stockholm Warsaw Berlin Frankfurt Moscow Leningrad Points in the Baltic countries 2.*New York Chicago Philadelphia Baltimore Washington Bostol1i Detroit Gander Greenland Iceland Shannon London Prestwick Brussels Munich Prague Vienna Budapest Belgrade Bucharest Istanbul Ankara A point in Iran Beirut .A point in Syria A point in Iraq A point in Af- ghanistan Karachi Delhi Calcutta 3.*Chicago Detroit Gander Shannon Lydda A point in Iraq Washington New York Greenland Iceland Dhahran Bombay Boston Baltimore Philadelphia Paris A point in Switzerland Rome Athens Cairo . Calcutta A point in Burma A point in Siam A point or points in Indo-China A point or points in China 4. Chicago Detroit Gander Azores Lydda From Lydda to Washington New York Lisbon points beyond as described in Boston (a) (b) Route 3. Baltimore Philadelphia Algiers Madrid Tunis Rome Tripoli Athens Benghazi . Cairo Cairo Notice will be given by the aeronautical authorities of the United States to the aeronautical author- ities of the United Kingdom of the route snrvice patterns a carding to which services will be inaugurated on these routes, PAGENO="1443" AIR LAWS AND TREATIES OF THE WORLD 1437 POINT OF DEPARTURE (Any one or more of the following) INTERMEDIATE POINTS (Any one or more of the following, if desired) DESTINATION IN U. K. TERRITORY (Any one or more of the following, if desired) POINTS BEYOND (Any one or more of the following, if desired) 5. New.York Chicago Detroit Gander Bermuda Azores London (From the Azores) Lisbon Barcelona Marseilles Washington Philadelphia Boston Baltimore 6.*San Francisco Los Angeles Honolulu Midway Wake Guam Manila Hong Kong Macao A point or points in-China A point or points in Indo-China A point or points in Siam A point or points in Burma Calcutta 7.*San Francisco Los Angeles Honolulu Midway Wake Guam - Manila A point or points in Indo-China Singapore Batavia 8.. New York Washington Baltimore Bermuda 9. Miami Palm Beach Cat Cay Nassau 10. Miami . Points in Cuba Jamaica (a) Baranquilla via South American points to Balboa (b) Baranquilla via South American points to Trinidad 11. New Orleans Points in Cuba Jamaica - Aruba South American Houston points 12. New York Miami Camaguejr Port au Prince Cuidad Trujillo San Juan Saint Thomas Point a Pitre Fort de France Antigua St. Lucia Trinidad British Guiana Via South Amen- can points to Buenos -Aires - Notice will be given by the aeronautical authorities of the United States to the aeronautical authorities of the United Kingdom of the route service pattggns ~e~ordIng to which servjces will be inaugurated on these routes. PAGENO="1444" 1438 AIR LAWS AND TREATIES OF THE WORLD 13. New York (a) Azores Accra or Dakar Monrovia Lagos Leopoidville Johannesburg (b) San Juan Trinidad British Guiana Belem Natal Monrovia Ascension Is- land Iv (a) Amendments made by either Contracting Party to the routes described in Section III of this Annex which change the points served in the territory of the other Contracting Party will be made only after consultation in accordance with the provisions of Article 8 of this Agreement. (b) Other route changes desired by either Contracting Party may be made and put into effect at any time, prompt notice to that effect being given by the aeronautical authorities of the Contracting Party concerned to the aeronautical authorities of the other Contracting Party. If such other Contracting Party finds that, having regard to the principles set forth in paragraph (6) of the Final Act of the Con- ference referred to in Section I of this Annex, the intercsts of its air carrier or carriers are prejudiced by the carriage by the air carrier or carriers of the first Contracting Party of traffic between the territory of the second Contracting Party and the new point in the territory of a third country it shall so inform the first Contracting Party., If agree- ment cannot be reached by consultation between the Contracting Parties, it shall be open to the Contracting Party whose air carrier or carriers is or are affected to invoke the provisions of Article 9 of this Agreement. (c) The Contracting Parties wifi, as soon as possible after the execu- tion of this Agreement and from time to time thereafter, exchange information concerning the authorisations extended to their respective designated air carriers to render service to, thi~ough and from the territory of the other Contracting Party. This wifi include copies of current certificates and authorisatjons for service on the routes which are the subject of this Agreement, and for the future such new certificates and authorisations as may be issued, together with amend- ments, exemption orders and authorised service patterns, POINT OF INTERMEDIATE DESTINATION IN DEPARTURE POINTS U. K. TERRITORY (Any one or more of the (Any one or more of the (Any one or more of the following) following, if desired)! following, if desired) POINTS BEYOND (Any one or more of the ~following, if desired) PAGENO="1445" AIR LAWS AND TREATIES OF THE WORLD 1439 V (a) Where the onward carriage of traffic by an aircraft of different size from that employed on the earlier stage of the same route (herein- after referred to as "change of gauge") is justified by reason of economy of operation, such change of gauge at a point in the territory of the United Kingdom or the territory of the United States shall not be made in violation of the principles set forth in the Final Act of the Conference on Civil Aviation held at Bermuda from January 15 to February 11, 1946 and, in particular, shall be subject to there being an adequate volume of through traffic. (b) Where a change of gauge is made at a point in the territory of the United Kingdom or in the territory of the United States, the smaller aircraft will operate only in connection with the larger aircraft arriving at the point of change, so as to provide a connecting service which will thus normally wait on the arrival of the larger aircraft, for the primary purpose of carrying onward those passengers who have travelled to United~ Kingdom or United States territory in the larger aircraft to their ultimate destination in the smaller aircraft. Where there are vacancies in the smaller aircraft such vacancies may be filled with passengers from United Kingdom or United States territory respectively. It i~ understood however that the capacity of the smaller aircraft shall be determined with primary reference to the traffic travelling in the larger aircraft normally requiring to be carried onward. * (c) It is agreed that the arrangements under any part of the pre- ceding paragraphs (a) and (b) shall be governed by and in no way restrictive of the standards set forth in paragraph (6) of the Final Act. A.H.S. G.P.B. WJB. H.B.* OR W.P.H. SM. L.J.D. U.N. P.G.M LWP PAGENO="1446" 1440 AIR LAWS AND TREATIES OF THE WORLD FINAL ACT OF THE CIVIL AVIATION CONFERENCE, HELD AT BERMUDA 15TH JANUARY TO 11TH FEBRUARY, 1946. Bermudxi, 11th February, 1946. THE Governments of the United States of America and of the United Kingdom of Great Britain and Northern Ireland, Having decided to hold between themselves a Conference on Civil Aviation, Appointed their respective delegates who are listed below:- United States of America. George P. Baker (Chairman of Delegation.), Director, Office of Transport and Communications Policy, Department of State. Harilee Branch, Member, Civil Aeronautics Board. John D. Hickerson, Deputy Director, Office of EuropeanS Affairs, Department of State. Josh B. Lee, Member, Civil Aeronautics Board. Stokeley W. Morgan, Chief, Aviation Division, Department of State. George C. Neal, General Counsel, Civil Aeronautics Board. Garrison Norton, Deputy Director, Office of Transport and Com- munications Policy, Department of State. L. Welch Pogue, Chairman, Civil Aeronautics Board. Oswald Ryan, Member, Civil Aeronautics Board. John Sherman, Liaison Consultant, Civil Aeronautics Board. United Kingdom. Sir Henry Self, K.C.M.G., K.B.E., C.B., (Chairman of Delega.- tion), Director-General designate of Civil Aviation, Ministry of Civil Aviation. Sir William P. Hildred, Kt., C.B., O.B.E., Director-General of Civil Aviation, Ministry of Civil Aviation. W. J. Bigg, Colonial Office. N. J. A. Cheetham, Foreign Office. L. J. Dunnett, Ministry of Civil Aviation. Peter G. Masefield, Civil Air Attaché, British Embassy, Wash- ington. Who met in Bermuda on the 15th January, 1946. At the first plenary session, Sir Henry Self was elected Chairman of the Conference and the Conference was divided into two Committees. The members of the Committees and of the Sub-Committees, ap- pointed by the respective Chairmen of the Delegations, are listed below:- PAGENO="1447" AIR LAWS AND TREATIES OF THE WORLD 1441 COMMITTEE I. RATES AND TRAFFIC. Chairman : Sir Henry Self (United Kingdom). Members: United States. Delegates. George P. Baker. Harilee Branch. Josh B. Lee. Stokeley W. Morgan. George C. Neal. L. Welch Pogue. Oswald Ryan. Advisers. Colonel S. E. Gates. W. John Kenney. Major..General L. S. Kuter. Livingston Satterthwaite. Consultants. Harold Bixby. Terrell Drinkwater. Julius 0. Holmes. John Leslie. John E. Slater. James H. Smith, Jun. United Kingdom. Delegates. Sir William Hildred. N. J. A. Cheetham. L. J. *Dunnett. P. G. Masefield. Advisers. .M. E. Bathurst. Major J. R. .McCrindli. Vernon Crudge. SIJB-0OM~&ITTEE I .-Pouc~. Chairman : Sir Henry. Self (United Kingdom). Members: Delegates. George P. Baker. Stokeley W. Morgan. L. Welch Pogue. Delegate. Sir William Hildred. PAGENO="1448" 1442 AIR LAWS AND TREATIES OF THE WORLD Delegates. Harilee Branch. * Josh B. Lee. Stokeley W~ Morgan. George C. Neal. - Oswald Ryan. John Sherman. Advisers. William Fleming. Colonel S. E. Gates. Major-General L. S. Kuter. Commander S. Jurika. Livingston Sattérthwaite. Consultants. Harold Bixby. Terrell Drinkwater. Julius C. Holmes. John Leslie. John E. Slater. James H. Smith, Jun. Delegates. W. J. Bigg. N. J. A. Cheetham. L. J. Dunnett. P. G. Masefield. Advisers. M. E. Bathurst. Major J. R. McOrindfle. Vernon Crudge. SUB-COMMITTEE 2.-DRAFTING. Chairman Stokeley W. Morgan (United States). Zilembers: Delegate. George C. Neal. Adviser. Colonel S. E. Gates. Delegates. L. J. Dunnett. P. G. Masefield. Adviser. M. E. Bathurst. SUB-COMMITTEE 3.-ROUTES. Chairman : L. Welch Pogue (United States). Members: COMMITTEE II. AD Hoc. Chairman: L. J. Dunnett (United Kingdom). Delegates. Delegate. John D. Hickerson. N. J. A. Cheetham. Stokeley W. Morgan. PAGENO="1449" AIR LAWS AND TREATIES OF THE WORLD 1443 The Final Plenary Session was held on the 11th February, 1946. As a result of the deliberations of the Conference there was formu- lated an Agreement between the Government of the United Kingdom and the t?~overnment of the United States relating to air services between their respective territories, and Annex thereto. (Attached hereto as Appendix I.)[h} The following resolution was adopted:- Whereas representatives of the two Governments have met together in Bermuda to discuss Civil Aviation matters outstanding between them and have reached agreement thereon, Whereas the two Governments have to-day concluded an Agree- ment relating to air services between their respective territories (hereinafter called "the Agreement"), And whereas the two Governments have reached agreement on the procedure to be followed in the settlement of other matters in the field of Civil Aviation, Now therefore the representatives of the two Governments in Conference resolve and agree as follows :- (1) That the two Governments desire to foster and encourage the widest possible distribution of the benefits of air travel for the general good of mankind at the cheapest rates consistent with sound economic principles; and to stimulate international air travel as a means of promoting friendly understanding and good will among peoples and ensuring as well the many indirect benefits of this new form of trans- portation to the common welfare of both countries. (2) That the two Governments reaffirm their adherence to the principles and purposes set out in the preamble to the Convention on International Civil Aviation signed at Chicago on the 7th Decem- ber, 1944. (3) That the air transport facilities available to the travelling public should bear a close rela~±onship to the requirements of the public for such transport. (4) That there shall be a fair and equal opportunity for the car- riers of the two nations to operate on any route between their respec- tive territories (as defined in the Agreement) covered by the Agree- ment and its Annex. (5) That, in the operation by the air carriers of either Government of the trunk services described in the Annex to the Agreement, the interest of the air carriers of the other Government shall be taken into consideration so as not to affect unduly the services which the latter provides on all or part of the same routes. (6) That it is the understanding of both Govern.ments that services `[Ante p. 1.] PAGENO="1450" 1444 AIR LAWS AND TREATIES OF THE WORLD provided by a designated air carrier under the Agreement and its Annex shall retain as their primary objective the provision of capacity adequate to the traffic' demands between the country of which such air carrier is a national and the country of ultimate destination of the traffic., The right to embark or disembark on such services inter- national traffic destined for and coming from third countries at a point or points on the routes specified in the Annex to the Agreement shall be applied in accordance with the general principles of orderly develop.. ment to ~rhich both Governments subscribe and shall be subject to the general principle that capacity should be related: (a) to traffic requirements between the country of origin and the countries of destination; (b) to the requirements of through airline operation; and (c) to the, traffic requirements of the area through which the airline passes after taking account of local and regional servicçs.. (7) That, in so far as the air carrier or carriers of one Government may be temporarily prevented through difficulties arising from the War .from taking immediate advantage of the opportunity referred to in paragraph (4) above, the situation shall be reviewed between the Governments with the object of facilitating the necessary develop- ment, as soon as the air carrier or carriers of the first Government is or are in a position increasingly to make their proper contribution to the service. (8) That duly authorised United States civil air carriers will enjoy non-discriminatory "Two . Freedom" privileges and the exercise (in. accordance with the Agreement or any continuing or subsequent agree- ment) of commercial traffic rights at airports located in territory of the United Kingdom which have been constructed in whole or in part with United States funds and are designated for use by international civil air carriers. (9) That it is the `intention of both Governments that there should be regular and frequent consultation between their respective aero- iiautical authorities `(as `defined in the Agreement) and that there should thereby be close collaboration in the observance of the prin- ciples and the implementation of the provisions outlined herein and in the Agreement and its Annex. In witness whereof the following Delegates sign the present Final Act. Done at Bermuda the eleventh day of February, 1946. This Final Act shall be deposited in the Archives of the Govern- ment of the United Kingdom and a certified copy shall be transmitted PAGENO="1451" AIR LAWS AND TREATIES OF THE WORLD 1445 by that Government to the Government of the United States of Atherica. United States of America. United Kingdom. GEORGE P. BAKER. A. H. SELF. HARLLEE BRANCH. W~. P. HILDRED. STOKELEY W. MORGAN. W. J. BIGG. GEORGE 0. NEAL. L. J. DUNNETT. GARRISON NORTON. PETER G. MASEFIELD. L. WELCH POGUE. OSWALD RYAN. JOHN SHERMAN. PAGENO="1452" ROUTE GRANTS IN U. S. AIR TRANSPORT AGREEMENTS I. (As of September 1, 1960) Notes: Date shown for amendments is date of effectiveness. Underscoring indicates U.S. points on routes granted to foreign countries. (n) Indicates country is not a party to the International Air Services Transit Agreement. (p) Indicates agreement is provisionally operative pending ratification. (x) Indicates agreement not operative pending ratification. (z) Indicates phrase `via intermediate points' appears in introductory paragraph of route grants, or in the case of Denmark, elsewhere in the agreement, in place of or in addition to inclusion in the route description. Date of Agreement Type of Nonstop Country and of Amendments Agreement Clause Routes (z) Australia l2/3/L~b; amended Bermuda Yes 1. Australia via Neii Caledonic, the Fiji Islands, 8/12/57 American Samoa, Canton Island, Honolulu to San Fran cisco and beyond to (a) Vthicouver and (b) New York and beyond to points in the British Isles and beyond to Europe and beyond. (Note. The nonstop provision does not apply to New York.) C12 fz) United States 1. The United States via Honolulu, Canton Island, American Samoa, the Fiji Islands, New Caledonia, and New Zealand to Sydney; and beyond to (a) Darwin and points in Southeast Asia, including the Republic of the Philippines and beyond; (b) Melbourne and Perth, Cocos (Keeling) Islands, and beyond to points in south Asia and Africa and beyond; and (c) Mel- bourne and New Zealand and beyond to i~ntarctice and beyond. 2. The United States, including Alaska, via points in Canada, Alaska, the Kurile Islands, Japan and Southeast Asia, including the Republic of the Philippines to Sydney and Melbourne. PAGENO="1453" 1. Traffic rights granted at Vienna on the follow- ing route: The United States via intermediate points to Austria and beyond. Belgium United States Bermuda ~ Yes 1. Belgium to New York by a direct route via British Isles and other intermediate points. 1. The United States to Brussels by a direct Isles and other intermediate points, via the British intermediate to India and and thence beyond. States via the Azores and Dakar (and 2. The United via South America) and intermediate points to Leo- and via intermediate points to the poldville beyond of South Africa. has not been (NOTE: The legal status of this of this pending reply to a determined, as date, Government to Congolese United States request them to confirm for interim Government requesting of U.S. air carriers under the period rights Belgium Agreement.) defined. ~Iivia (x) 9/29/1~8 (x) Bermuda ~ Yes 1. Not America and/or airport United States . 1. The United States seI~ing the Canal Zone (provided that if such airport be located not in the Canal Zone, but in Panamanian territory outside the Canal Zone, the consent of the Republic of Panama be obtained), to La Paz, Oruro, Cochabamba, Sucre, Santa Cruz, Robore, and Puerto Suarez, and beyond Bolivi~a marked contain a Wherever this provision similar symbol appears throughout this to Section IV(b) of the Annex list it to the U indicates that the agreements so S-UK Agreement, pormitting either contracting party described in the agreement by simple to add points not in the territory of the other party to Da~te of Agreement Country and of Amendments Austria (n) 10/8/it'! United States Type of Nonstop Agreement Clause Bermuda Yes 1. Not defined. Routes L~j PAGENO="1454" Nonstop _________________ _________ Clause - Routes Yes (z) 1. From the United States of Brazil, via intermediate points in South America and Middle America to Los Angeles and Honolulu and beyond to Japan and beyond. 2. From the United States of Brazil, via intermediate points in South America and the Caribbean, including Puerto Rico, to Miami and Chicago and beyond to Canada. 3. From the United States of Brazil, via intermediate points in South America and the Caribbean, including Puerto Rico, to Washington and New York and beyond to Canada. United States (z) 1. From the United States of America, via intermediate points in the Caribbean, Central America, and countries on the West Coast of South America to Sao Paulo and Rio de Janeiro. 2. From the United States of America, via intermediate points in the Caribbean and South America to Belem, Natal and beyond to Africa. 3. From the United States of America, via intermediate points in the Caribbean, Panama, and countries on the North and East Coasts of South America to Belem or Manaus, Brasilia, Rio de Janeiro, San Paulo, Portu Alegre and beyond Brazil to Uruguay and Agentina and beyond to Antarctica. and beyond. From the Unit~dStatcs ~ *tei~~, vh~ ~nEer- mediate points in Middle America and countries on the North and East Coasts of South America to Belem or Manaus, Brasilia, Rio de Janeiro, Sao Paulo, Porte Alegre and beyond Brazil to Uruguay and Argentina. Date of Agreement Country and of Amendments Brazil (n) 9/6/L~6; amended 12/30/50, a~ 12/1/58 Type of Agreement 1/ Bermuda - PAGENO="1455" Date of Agreement Type of Nonstop Country and of Amendments Agreement Clause Burma (n) 9/28/1~9 Bermuda Yes United States 1 Not defined. Routes (z) 1. The United States through Europe, North Africa, the Near East, Pakistan and India to Rangoon and Mandalay and beyond. Canada 6/)4/1~9; Bermuda amended 12/20/55; (see note) 14/9/59 Note: Annex Section X provides that `Additional traffic stops may be made in the territory of the contracting party which designates an airline at the election of that party provided that such stops be between the specified terminals and in reasonable proximity to the direct route connecting them.' ~z) Yes 1. Victoria-Seattle 2. Whitehorse-FairbankS 3. Western Canads-Sault Ste.Marie, Michigan- Eastern Canada 14. Toronto-Chicago 5. Toronto-Cleveland 6. Toronto-NeW York 7. Montresl-NeW York 8. Halifax-BoSton 9. Cenada_Honolulu-Austrelasia and beyond. 10. Canada_T~~7~t._Petersburg-Bahamas and/or points in the Caribbean and beyond. 11. Prince Rupert-Ketchikan 12. Calgary-Spokane 13. Winnipeg and7~ Kenora-International Falls 114. Fort William/Port Arthur-International Fells 15. Toronto-BuffalO 16. Halifax-Ne Also, any Canadian airline authorized to operate a domestic service to Windsor may stop in Detroit; Canadian airlines serving the Halifax-Boston and Halifax-New York routes may serve both United States points on the same flights. L~i C12 0 ITi 0 PAGENO="1456" Date of Agreement Type of Nonstop Country and of Amendments Agreement Clause Routes (z) Canada 1. Seattle-Whitehorse United States 2. Seattle-Vancouver 3. Fairbanks-Whjtehorse ~. Great Falls-Edmonton 5. Fargo-Winnipeg 6. Washington-Montreal )* 7. Washington-Ottawa 8. New York-Toronto 9. New York-Montreal )* 10. New York-Ottawa ) 11. Either Boston or New York-Quebec 12. Boston-Montreal 13. Boston-Moncton ~ United States-Edmonton-flaska and beyond 15. United States-Gander-Europe (including Azores) and beyond 16. Ketchikan-Prince Rupert 17. Spokane-Calgary 18. Great Falls-Calgary 19. Minot or Williston-Regina 2/ 20. Duluth/Superior-Fort William/Port Arthur 21. Hancock/Houghton-Fort William/Port Arthur 22. Buffalo-Toronto Also, any U.S. airline authorized to operate.a domestic t~i service to Detroit may stop in Windsor. United States airlines serving the Great Falls-Edmonton and Great Falls-Calgary routes may serve both Canadian points on the same flights. Similar rights as to other Canadian points marked above with asterisk. In addition, Winnipeg may be served on flights operated from Minneapolis/St. Paul and terminating at Edmonton on route listed above as No. ~ 2/ The United States point of origin is to be selected by the United States Government. PAGENO="1457" China (n) 12/20/l~6, extended end amended 12/20/50; amended I~/is/s5 (z) Bermuda Yes 1. China over a Pacific route vie Tokyo, Kurile Islands, the Aleutian Islands and Alaska to San Francisco and beyond. 2. China over a Pacific route vie the intermediate points of Manila, Guam, Uske, and Honolulu to Sen Francisco and beyond. 3. China over an Atlantic route via intermediate points in Indo-China, Burma, India, the Near East, Africa end Furope to New York and beyond. ~. China to Okineaan end beyond. LTj w C LTj 0 ..1 0 Date of Agreement and of Amendments 5/l0/I~7 Chile (n) United States Type of Agreement 1/ Bermuda - Nonstop Clause Yes Routes (z) 1. From Chile to Miami and/or New York and beyond the United States of America. (z) 1. From the United States and/or the Canal Zone to Arica, Antofagasta, and to Santiago end beyond Chile (a) from Arica to points in Bolivia end beyond, (b) from Antofagasta to points in Argentina and beyond, and (c) from Santiago to points in Argentina and beyond. United States (a) 1. The United States over a Pacific route to Tientsin and Shanghe.i and thence to the Philippine Islands and beyond, as well as beyond Shanghai via Route No. 3 described below. 2. The United States over a Pacific route to Shanghai and Canton and beyond. (Hong Kong may be substituted for Canton provided that no shuttle service may be operated between Hong Kong end any named Chinese point.) PAGENO="1458" Date of Agreement Type of Nonstop I. Country end of ~mendments Agreement Clause Routes (z) China 3. The United States over an Atlantic route via United Stotes intermediate points in E~rope, Africa, the Near (continued) East, India, Burma, and Indo-China to Canton end Shanghai and beyond. (Hong Kong may be substituted for Canton provided that no shuttle service may be operated between Hong Kong and any named Chinese point.) ~. (~mendment) The exercise by U.S. airlines of traffic rithts at Taipei, Taiwan, shall continue indefinitely unless otheiwise agreed to by the two Governments. ~z) Colombia (n) (p) lO/214J56 Bermuda Yes 1. From Colombian territory to New York and beyond ~ to points in the Western Hemisphere. 2. From Colombian territory to Miami and New York. 3. From Colombian territory to San Juan, Puerto Rico, End beyond to Europe. W ~. From Colombian territory to New Orleans. (a) United States 1. From United States territory to Barranquilla, Bogota, Leticia and beyond to points in the Western Hemisphere. 2. From United States territory to Cdi and beyond to ooints in the Western Hemisphere. 3. From United States territory to Medellin. PAGENO="1459" Country Cuba Date of Agreement and of Amendments 5/26/5 3; amended 7/30/57 Type of Nonstop Agrees-tent Clause Routes (z) Bermuda ~ Yes 1. Havana-Miami; 2. Varadero~Miami; 3. Havana-New York; 4. Havana-Key West; 5. Havana-West Palm Beach! Ft. Lauderdale; 6. Havana-St. Petersb~trg. Cl) 0 0 United States (z) 1. Mismi-Camaguey and beyond; 2. Miami-Havana and beyond; 3. New York and/or Washington-Havana and beyond; 4. Tampa/St. Petersburg-Havana and beyond; 5. Houston and/or New Orleans-Havana and beyond; West Palm Beach/Ft. Lauderdale-Havana. Czechoslovakia United States 1/3/46 Chicago No 1. Prague-Brussels-~London-Foynes-iIewfoundland- New York. 1. (United States) - Newfoundland-Foynes-London- Brussels-Prague-Vienna-Budapest-Bucharest-Istanbul- Ankara-Beirut -Baghdad-Karachi.Caicutt a. Denmark 12/16/44; mnended 3/21/46 8/6/54 and 7/8/58 Berm.ida Yes 1. Denmark via intermediate points to (a) New York and (b) Chicago. 2. Denmark (via Greenland) to Los Angeles. United States 3. Denmark to Anchorage. 1. From the United States via intermediate points to Copenhagen and points beyond. Dominic~n Republic Unitea States ~ (n) 7/19/49 ~ ~. l~ Bermuda -/ ~ (z) Yes 1. The Dominican Republic to Maimi. 2. The Dominican Republic to San Juan, Puerto Rico. (z) 1. Traffic rights granted at Ciudad Trujillo over various routes from the U.S. to the Dominicc.n Republic ~.nd beyond to Caribbean dd South *--*-*~-- ~*.* .rni~ic.~* - pnlnt~.-.- ~ *.~**~**- *.~ PAGENO="1460" 0) 0 L~i 0 Country Dote of ~Creement of Pnendments Ecu or (n) l/8/1~7~ amended 1/10/51 United States Routes Type of Nonstop Agreement Clause ~Z) Bermuda Yes 1. Republic of Ecuador to Miami, Florida. 1. The United States and/or the Canal Zone to Quito, Riobmaba, Esmeraldcs, Monte, Salinas, Quayquil, Cuenca and Loja, and beyond Ecuador: a. From Quito to Ipiales, Colombia~ b. To points in Peru and beyond. 2. The United States to Quito and Qucyaquil ond thence to Peru and beyond. CI) Egypt United States 6/i5/1~6; amended 7/31/57 Bermuda No 1. Not defined. ---- 1. United States to Egypt (Cairo) and thence to Palestine (Lydda), Iraq (Basro), Saudi Arabia (Dhahran), and beyond via; a. Ireland, France, Switzerland, Italy and Greece. b. Portugal, Spain, Italy, Greece. c. Portugal, Spain, and North African points. d. Ireland, the United Kingdom, Germany, and -- intermediate points. Finland . 3/Qu/49 l~ Bermuda~ Yes (z) 1. Finland over a North Atlantic route to New York. t~T~ United States 1. The U.S. over a North Atlantic route to Relsinki. PAGENO="1461" Routes 1. France via intermediate points over the North Atlantic to Boston, New York, Baltimore and Wash- ington. 2. France via intermediate points over the North P;blantic and Montreal to Chicag~. 3. France via intermediate Doints over the North Atlantic to New York and Houston and beyond to Mexico. ~. France to Los Angeles or San Francisco. (Selection of the terminal point in the United States to be determined by France at a later date.) 5. France via Hamburg to Anchora~. 6. Martinique and Guadeloupe via intermediate points to Puerto Rico and beyond via the Dominican Republic and Haiti, to Miazri. 7. Martinique and Guadeloupe to New York. 8. New Caledonia, Tahiti and Dora Bora to Hono- lulu and the terminal point on the West Coast selected by France as the United States terminal of Route I~. 17 United States via intermediate points over the North ialcntic to Paris and beyond via intermediate points in Switzerland, Italy, Greece, Egypt, the Near East, Pakistan, India, Ceylon, Burma, Thai- land, Hanoi arid beyond to China and beyond. 2. United States yin intermediate points over the North Atlantic and Spain to Marseilles and Nice and beyond via Rome, Budapest, and points south of the parallel of Budapest to Turkey and beyond via intermediate points to Pakistan, India, Ceylon, Burma, Thailand, Hauoi, Si'h~pore, Djakarta, C1:ina, Macan, HonC Kong, Manilri and beyond. Date of Agreement Type of Nonstop Country and of Amendments Agreement Clause France 3/27/1~6; amended Bermuda Yes 7/11/50 3/19/51 8/27/59 Note. The Route Schedules contain the following statement: Note: For the purposes of the present Schedule, the term North Atlantic shall mean that pert of the North Atlantic Ocean north of a line from Key.West, Florida, to Bermuda, the Azores and Lisbon, including these points. United States I. PAGENO="1462" - Routes - 3. United States via intermediate points over the North Atlantic, and Spain to Plgiers, and beyond via intermediate points to Egypt, and beyond via Route 1. ~. United States via intermediate points to Dakar, Pointe Noire, Brazzaville, and beyond via inter- mediate points to the Union of South Africa. 5. United States via intermediate points to Guadeloupe, Martinique, and beyond via intermediate points to French-Guiana, end beyond in South ibnerica. 6. United States via intermediate points to Tahiti, Bora Bora and New Caledonia and thence via intermediate points whether between Tahiti and New Caledonia or beyond New Caledonia on one or more routes to Australasia (including Australia end New Zealand). Country France United States (continued) Type of Date of Agreement Nonstop end of Jnendinents Agreement Clause C.il (z) Germany 7/7/55 Bermuda Yes 1. From the Federal Republic of Germany vie inter- mediate points to Boston, New York and Philadelphia and beyond to points in the Caribbean Sea and beyond to South America. 2. From the Federal Republic of Germany via intermediate points to Chicago. 3. From the Federal Republic of Germany via intermediate points to San F: ancisco or Los Angeles.* ** Selection of the terminal point in the United States of A erica to be determined . by the Federal Repahlic of Germany at a later date. PAGENO="1463" Routes ~Z) 1. From the United States of Pnerica via intermed- iate points to Hamburg and beyond to points in Europe north end east of the Federal Republic of Germany 2. From the United States of America vim intermed- iate points to Dusseldorf_Cologne/Bonn, Frankfurt, Stuttgart and Munich and beyond to points in Europe east end southeast of the Federal Republic of Germany and beyond. 3. From the United States of America via intermed- ate points to Frankfurt and beyond to points in Europe south and southeast of the Federal Republic of Germany and beyond to North Africa, the Near East and beyond. Date of Agreement end of Amendments Country Germany United States (continued) T~rpe of Nonstop Agreement Clause ~ece United States 3/27/1~ IT The United States, via Intermediate points, to Athens and points beyond. to New York to Chicago, via interi;~ed- Iceland United States l/27/1~5 Chicago No 1. late points. granted at Keflavik or other 1. Trafi~c rights suitable airport on the following route: The United States to Iceland end points beyond, via intermediate points. 0 0 PAGENO="1464" Note. Not more than one traffic stop may be macla by a designated airline of either country on any flight trensitting the territory of the other country. Routes 1. From India via points in Asia, Africa, Europe, U.K., Ireland, Canada to New York; and beyond to points on Route 2 or to such points cs may be auto ally agreed upon at a later date. 2. From India via points in Asia, the Philippines, Japan, Canada to San Francisco or Los Angeles and beyond, to points on Route 1 or to such points as may be mutually agreed upon at a later date. (z) 1. From the United States via points in Canada, Ireland, U.K., Europe and Asia to Delhi/Calcutta and beyond to points in Burma, Thailand, and beyond to the United States over the various routes. 2. From the United States via points in Canada, Ireland, U.K., Europe, Africa and Asia to Bombay,'Calcutta and beyond to points in Ceylon, Burma, Thailand and beyond to the United States over the various routes Country India Date of Agreement and of Amendments Type of Nonstop agreement Clause 2/3/56 Bermuds Yes United States 1' Iran l/l~/57 Bermuda -` Yes (z) 1. Not ~efined. (z) United States 1. From the United States of America and/or Abaden and points beyond, via points. to Tehran intermediate t~j ct~ C C PAGENO="1465" Country Ireland Date of Agroement and of Amendments 2/3/!~5; amended. 6/3/t~7; 31~4/58 Type of Nonstop Agreement Clause Chicago Route No L Ireland via intermediate points to New York (via Boston) and. Chicago, provided that (thicago shall not be served on any flight servieg New York and/or Boston. 1. Traffic rights granted at Shannon airport (Foynes and Bineanna) on the following route: The United States to Ireland and countries beyond.~ via intermediate points. 1. Italy via intermediate points* to Boston and New York, arid beyond. 2. Italy via intermediate points* to Chicago. United States ~ "Intermediate points" shall be interpreted as points in third. countries. 1. The United States of America to Milan, Turin, Rome, Naples and. beyond~ NOTE: Beyond rights shall be exercise~F~ian Italian aLrli,ne only on services through Sew York to points in other countries to be detormined. later. I. United States Israel 6/13/50 1' Bermuda -/ Yes (z) 1. Traffic rights granted at New York on the following route: Israel via Greece, Italy, Switzerland, France, (Turkey, Luxembourg, Belgium, The Netherlands)3/, the United Kingdom, and Eire to the United States. (z) United States . 1. Traffic rights granted at Lydda on the follow- ing route: The United States of America via Eire, France, Switzerland, Italy, and Germany ~J; Spain) Portugal, Greece and/or North Africa to Israel and beyond. 1/ Bermuda - Yes Italy (n) 2/6/1~8; amended 3/21/50; 3/2~/5O; and 8/ts/60. 3/ Added pursuant to Section IV of the U.N. -Israel Agreement. PAGENO="1466" Date of Agreement Type of Country end of Ja~endments Agreement Japan 8/11/52; amended 9/15/53; amended i/lt~/59 Routes t~J 1. From Japan, via intermediate points in the Central Pacific, to Honolulu and beyond: a) to Los Angeles end beyond to points in South America. b) to San Francisco and beyond to points ~E~r than in South America. 2. From Japan via intermediate points in the North Pacific and Canada to Seattle. 3. From Japan to Okina~ra and beyond. I~Z) 1. Fran the United States, including Alaska, via intermediate points in Canada, Alaska, and the Kurile Islands, to Tokyo and beyond. 2. From the United States, including its territorial possessions, via, intermediate points in the Central Pacific, to Tokyo end beyond. 3. From Okin~ra to Tokyo. Nonstop Clause Bermuda Yes United States I. L~j 0 Korea. (n) 14/2~/57 Bermuda Yes 1. From points in the Alaska cad Seattle. tzT~ 1. From points in the Republic of Korea to United States of America United States to Seoul and beyond. PAGENO="1467" _______ Routes 1. Not defined. 1. Traffic rights granted at Beirut on the follow- ing route: The United States of America through Europe and Turkey to Lebanon and beyond to India, via intermediate points. Yes* (z) A. Mexico City-Washington, New York and beyond New York to Europe. B. Mexico City-Dallas, Fort Worth, Chicago via intermediate points in Mexico. C. Mexico City-Los Angeles via intermediate points in Mexico. D. Mazatlan, Torreon, Monterrey-San Antonio via intermediate points in Mexico. E. Mexico City-Miami and beyond. F. La Paz, Baja California-Los Angeles via inter- mediate points in Mexico. G. Mexico City, Monterrey-San Antonio. H. Hermosillo-Thcson via intermediate points in Mexico. I.(Pending) (z) A. New York, Washington-Mexico City. B. Chicago, Dallas, Fort Worth-Mexico City via inter- mediate points in the United States. C. Los Angeles-Mexico City via intermediate points in the United States. D. New Orleans-Mexico City. H. New Orleans-Merida and beyond to Guatemala and beyond. F. Miami-Merida and beyond to Guatemala and beyond. G. Houston-Mexico City and beyond to Guatemala and beyond via intermediate points in the United States. H. San Antonio-Mexico City. I. Miami, Tampa/St.Petersburg-Merida and Cozumel and beyond (cargo and mall only). J. Miami, Tampa-Merida, Mexico City. Country Lebanon (n) United States Date of Agreement Type of Nonstop and of Amendments Agreement Clause 8/ll/1~6 Bermuda No Mexico (p) 8/19/60 (effective Bermuda 8/15/60) United States C C * Except on U.S. Route J on which an intermediate stop must be made at Merida. PAGENO="1468" Date of Agreement Type of Nonstop and of ?mendments Agreement Clause Routes (a) Bermuda Yes 1. The Netherlands vie intermediate points in the U.K., Ireland., Newfoundland end the Azores to New York. 2. The Netherlands via intermediate points in the U.K., Ireland, Iceland, Greenland, New- foundland, Azores and Montreal to Houston. 3. The Netherlands Antilles vim the intermediate points Ciudad Trujillo, Port en Prince, Kingston, Montego Bay, Camcguey, Havana, to Miami. 14. The Netherlands Antilles to New York. (i) 1. From the United States via intermediate points to Amsterdam and beyond. 2. From the United States and/or an airport serving the Canal Zone via intermediate points to Aruba, Curacao, St. Maartens, and Pcrmnaribo and beyond. Rew Zealand 12/3/146 United States Bermudo No 1. New Zealand vie the Fiji Islands, Canton Island, Hono~.lu, to San Francisco and (optional) beyond to Vancouver. 1. The United States via Honolulu, Canton Island, the Fiji Islands, New Caledonie. (optional), to Auckland. (This service shall terminate at Auckland.) Country Netherlands 1#/3/57 United States I. LTj 0 0 PAGENO="1469" Date of Agreement and of Amendments lO/6/~~5; amended 8/~/5I~; amended 7/3/58 Routes 1. From Norway via intermediate points to (a) New York and (b) Chicago. 2. From Norway (vie Greenland) to Los Angeles. 3. From Norway to Anchorage. 1. From the United States via intermediate points to Oslo or Stavanger end points beyond. (a) 1. From the Republic of Panama to Miami, Florida, via intermediate points in the Caribbean. (z) 1. The United 3tates of America: via points in the United Mexican States, and/or Central America, to David and to Panama City end to points beyond in other countries. 2. The United States of America via points in the Caribbean and/or South America to Panama City and to points beyond in other countries. 3. The United States of America, via points in the Caribbean to Panama City and to points beyond in other countries. l~. Panama City and the Canal Zone (each being served tiirou~h Ta ca~èm Th.ticnrf i1D1~ort)~ to~po1mts Ia. the Western Hemisphere. Country Norway United States Type of Agreement Bermuda Nonstop Clause Yes Pakistan 8/l5/~9 Bermuda Yes United States 1. Not defined. 1. The United States through Central Europe and Pakistan accepted U.S. -India Agreement (signed il/i~'~~) upon partition from India effective 8/lsm7. the Near East to Karachi, thence to a point in Burma, a point in Siam, a point in Indo-China and beyond to the United States over various routes~ via intermediate points. Panama (n) dnd States 3/3l/1~9; amended 6/3/52 1~ Bermuda - Yes LTi t~rj 0 0 PAGENO="1470" Country Paraguay Date of Agreement and of Amendments 2/28/1~7 Type of Nonstop Agreement Clause Bermuda Yes 1. Not defined. Routes ~Z) 1. The United States (via Peru and/or Bolivia) to Asuncion and beyond. 2. The United States (via Brazil) to Asuncion and beyond. Peru (n) (z) l2/27/I~6; amended Bermuda Yes 1. From Peru via Panama and Havana, Cuba, to 5/28/58 Miami and Washington, D.C.; and beyond to Montreal, Canada. (z) United States 1. The United States and/or the Canal Zone to Talara, Chiclayo, Lima and Arequipa, and beyond Peru to points in Chile and Bolivia or beyond. United States ITJ 0 PAGENO="1471" Routes (z) 1. Lisbon via the Azores (a) to Bermuda, New Yo*k City and Boston, or (b) to Gander, Boston and New York City. 2. Lisbon via the Azores and Bermuda to Miami and beyond. - 1. The United States to the Azores and thence (a) to London and beyond, on a route without stops in the Iberian Peninsula, and (b) to Lisbon and thence (a) to London and (b) to Barcelona and points beyond. 2. The United States to the Azores and Lisbon and thence to Madrid and points beyond. 3. The United States to the Azores end points beyond to the Union of South Africa. !~. The United States via intermediate points in the Pacific to Macan thence to Hong Kong (and/or Canton). Date of Agreement and of Amendments l2/6/~5; amended 6/28/l~7 and 11/11/52 Country Portugal (n) United States Type of Nonstop Agreement Clause Bermuda No LTj LTJ w 0 0 I. C;' Si3~n l2/2/J~4; Chicago amended l/15/1~6, 3/l2/1~6, 7/1~/5O, and 7/2l/5I~ Yes 1. A route from Spain to New York via Lisbon and the Azores. 2. A route from Spain to San Juan, Puert~o Rico, via Lisbon, the Azores and Bermuda, and Caracas in both directions and from San Juan to points beyond in the Caribbean area and the West Coast United. States of South America. 1. United States through Lisbon to Barcelona, proceeding therefrom to Marseilles and possibly points beyond. 2. United States through Lisbon to Madrid proceeding therefrom (a) to Rome and points beyond and (b) to Algiers and points beyond. PAGENO="1472" Country Sweden United States Agreement Type and of Anendments Agreement l2/l6/l~ amended l2/)4/)~5 and 8/6/5~ Bermuda Yes amended 7/8/58 Routes 1. From Sweden vie intermediate points to (a) New York and (b) Chicago. 2. From Sweden (via Greenland) to Los Angeles 3. From Sweden to Anchorage l.United States via intermediate points to Stockholm and points beyond. (z) Switzerland 8/3/l~5; amended S/l3/t~9 Bermuda Yes 1. Switzerland, over a North Atlantic route via Ireland or the Azores and Newfoundland to New York and Chicago. ~( z~ 1. The United States, over a North Atlantic United States route to Geneva and Zurich and beyond. (n) United States ~T28/~7;~~ amended 5/5/57 Bermuda Yes 1. Not defined. . I. Traffic rights granted at Damascus on the following route: The United States of Pnerica through Europe and Turkey to Syria and beyond to India, via intermediate points (z) Thailand (Siam) 2/2~/t~7 Bermuda No 1. Traffic rights granted at Lo~ Angeles and Honolulu on the following route: Siam to Los ~eles over a reasonably direct route. zJ 1. The United States over a Pacific route to United States ._._* Bangkok and beyond. LTJ L~rj 0 0 PAGENO="1473" ti/lL~/53; Bermuda 1/ xes amended 12/30/514 1. From the United States, via intermediate points to the continent of Europe and to Istanbul and Ankara, and thence to points beyond. (z) 1. From Venezuela, except Marecaibo, via Nether- lands West Indies and the Dominican Republic to New York and beyond to Canada and beyond. 2. From Venezuela, via the Netherlands West Indies, Jamaica and Cuba to Miami. 3. Venezuela, via Jamaica, to New Orleans. Count~ Turkey 0 United States Date of A~reement Type of Nonstop end of Amendments ~reement Clause __________________ 2/12/146 Chicago No 1. Not defined. Routes Union of South Africa 5/23/147 amended Bermuda 1/ Yes 1. Traffic rights granted at New York on a route or routes to be determined later. United States 11/2/53 1. United States via the North Atla~ntic end PiricV to Johannesburg. 2. United States via the Caribbean, South America, the Soubh Atlantic and Africa to Johannesburg. United Kingdom (see page 23 et seq.) . ~(n) (p) 12/114/146 Bermuda Yes 1. Not defined. çz) United States 1. The United States via the east coast of South America to Montevideo and beyond. 2. The United States and/or the Panama Canal Zone and the West Coast of South America to Montevideo. Venezuela, t~j t~j 0 0 PAGENO="1474" Venezuela (cont.) United States 1. From the Eastern Zone of the United States, via Puerto Rico and the Netherlanis West Indies, to Caracas and beyond to Brazil and beyonth 2 From the Eastern Zone of the United States except Now York, via Cuba, Haiti, the Dominican Republic and the Netherlands West Indies, to Caracac. 3~ From the Eastern Zone of the United States except New York, via Cuba, Jamaica and Colombia, to Maracaibo~ 4. From the Central Zone of the United States, via Cuba, Jamaica, and the Ncrthorlande West Indies, to Caracac, 5 From the Canal Zone (served through Tocumen Airport in the Republic of Panama) via Colombia, to Maracaibo and Caracas, and beyond to Trinidad and beyond. Country Date of Agreement Type of Nonstop and of Amendments Agreement Clause Routes (z) United 1/27/47; 8/16/55; 12/28/56 1/14/48; 10/30/46; ROUTES (Points marked with * addod by notification under Section IV(b) of the Annex to the Agreement.) Point Inteimediate Destination in U.S. Points Beyond of Departure Points Territory (One o±r more of (If desired, one or more (If Icsirai, one or more (If desired., one or the following) more of the following) of the following) more of following) 1. London New York San Francisco arid the poinre on Route 7. C tn C PAGENO="1475" United Kingdom (continued) ROtYPES 5.- Trin.idad British Guiana Jaxnai ca BrLti~h Honduras Ca~imar~ Isles * Intermediate Points Shannon Iceland Azores Bermuda Gander Montreal Tobago Barbados Grenada St. Vincent St. Lucia Antigua St. Kitts St. Thomas (a) New Orleans Mexico City (b) Bahamas * Cuba Jamaica Panama P. point in Colombia A point in Ecuador Lima Santiago Point ol' Dep~rture Destination in U.S. Territory Points Beyond London Shannon Iceland New York Chicago Prestwick * Azores Detroit Manchester Bermuda Gander Montreal Philadelphia Washington Baltimore Boston 3 J~1London Prest~ick Manchester * New York ~Bermuda Barbados Baltimore Washington Montreal Ne~ York Miami 4/ (See next page) t~j 0 0 p. PAGENO="1476" United Kingdom (continued) ROUTES PoinL of Departure 5. (continued) ~/ Intermediate Points Sen Juan Ciudad Trujillo Port au Prince Jamaica Cuba Nassau Bermuda Destination in U.S. Territory Points Beyond ~. Points in the Bahamas Havana Mimi Palm Beach Fort Lauderdale Tampa 7. Singapore Manila San Francisco Hong Kong Tokyo * Guam W ke Midway Honolulu 8. Fiji Island (to end Canton Island San Francisco Vancouver from designated ter- Honolulu minals in Australia and New Zealand) ~/ 9. Nassau New York tli C12 0 ~/ Notice will he given by the aeronautical authorities of the United Kingdom to the aeronautical authorities of the United States of the route service patterns according to which services will be inaugurated on these routes, and vice versa as to United States routes. 5/ Granted with respect to services to be operated by British Commonwealth Pacific Airlines. PAGENO="1477" United Kingdon (continued) ROUTES Point of Intermediate Destination in U.S. Points Deporture Points Territory Beyond 10. London Vie a Polar Route San Francisco To be agreed between or the parties at a Los Pngeles later dote United States . Point of Intermediate Destination in U.K. Points Deporture Points Territory Beyond l.~ Chicago Gander London - Lensterdam Detroit Washington Greenland Iceland ~réstw1ck : Helsinki Copenhagen Philadelphia Shannon St avenger New York Oslo Boston Stockholm Baltimore Hmnburg * Bremen * ~Ters arw Berlin Cologne/ Dusseldorf * Frankfurt Stuttgart * Moscow Munich * Leningrad Points in Baltic countries 2. New York Chicago Gender Greenland London Prestwick Brussels Cologne/ Dusseldorf * I. PAGENO="1478" United Kingdom United States (continued) ROUTES Point of Departure 2.~- (continued) Philadelphia Baltimore Washington Boston Detroit Intermediate Points Icel and Shannon Frankfurt * Nuremberg * Stuttgart * Munich Prague Vienna Budapest Belgrade Bucharest Istanbul Ankara A point in Iran Beirut A point in Syria A point in Iraq A point in Afganist an Karachi Delhi Calcutta Destination in U.K. Territory Points Beyond 0 0 3~' Chicago Detroit Gander Shannon Lydda A point in Ceylon - A point in Iraq Dhathran Washington Mew York Boston Baltimore Philadelphia Greenland Iceland Paris A point in Switzerland Rome Athens Cairo Note. Air rights at Lydda and Ceylon became ineffective upon establishment of the independent State of Israel and acquisition of dominion status by Ceylon. Bombay Calcutta A point in Burma A point in Siam A point or points in Inclo-China A point or points in China. PAGENO="1479" z L~i (I) 0 0 United Kingdom United States (continued) ROUTES Point of Intermediate Destination in U.K. Points Departure Points Territory Beyond ~4. Chicago Gander Lydda - From Lyddato Detroit Azores A point in Ceylon points beyond Washington Lisbon as described New York (a) (b) in Route 3. Boston Algiers Madrid note. Air rights granted at Baltimore Tunis Rome Lydda and Ceylon became in- Philadelphia Tripoli Benghazi Cairo Athens Cairo effective upon establishment of the independent State of Israel and acquisition of dominion status by Ceylon. 5. New York Gander London (From the Azores) Chicago Bermuda Lisbon Detroit Azores Barcelona Washington Marseilles Philadelphia Boston ~cltimore 6.~!i San Francisco Honolulu Bong Kong Macso Los Angeles Midway A point or points P~rtlend * Wake in China Se'attle * Guam Manila Tokyo * Okinawa * A point or points in Ido-China A point or points in Siam A point or points in Burma Calcutta PAGENO="1480" United Kingdom United States (continued) Point of Departure ROUTES Intermediate Points Destination in U.K. Territory Points Beyond ~T~'~an Francisco Honolulu Singapore Batavia Los Angeles Midway Portland * Wake . Seattle * Guam Manila A point or points in Indo-China 8 New York Bermuda Washington Baltimore Boston * ). Miami Havana Points in Palm Beach the Bahamas Fort Lauderdale Tampa. 10 Miami Points in Cuba Jamaica (a) 11 New Orleans Points in Cuba Jamaica Houston Cr2 0 L~i 0 Barranquilla via South ~merican points to Balboa. (b) Barranquilla via South ?merican points to Trinidad Uuracao * Aruba South Pmerican points PAGENO="1481" United Kingdmn United States (continued) ROUTES Intermediate Points Ccn1aguey Port au Prince Ciudcd Tru;illo San Juan Saint Thomas Saint Maartens * Saint Croix * Pointe a Pitre Fort de France Corecao * Aruba Pntigua Sc. Lucia Barbados Trinidad British Guiana Via South i~merican points to Buenos Aires * Point of Departure * 12 New York Miami Destination in U.K. Territory Points Beyond 13. Neu York Boston * (a) Azores Lisbon * Casablanca * Accra or Lagos or Kano Leopoldville Johannesburg Dakar Monrovia (b) San J~an Trinidad British G: ian& Belem Natal Monrovia Ascension Island (12 0 PAGENO="1482" United Kingdora United States (continued) Point of De oarture Intermediate Points ROUTES Compiled by The International Division Bureau of Air Operations Civil Aeronautics Board Destination in U.K. Territory Points Beyond i1~. Sen Francisco Los Angeles Honolulu Canton Island Fiji Noumea (optional) (a) A point or Portland * Doinbs in Seattle * (b) Australia A point in New Zealand 15. New York Nassau . 16. San Francisco Via a Polar Route London To be agreed between Los Angeles the pafties at a Seattle later date. L~i 02 C ~T~J t~rJ C 0