PAGENO="0001" 89th Congress } COMMITTEE PRINT ~ Li 3 AIR LAWS AND TREATffJ~ ~iuo92 OF THE WORLD PREPARED AT THE REQUEST OF Senator WARREN G. MAGNUSON, Chairman OF THE COMMITTEE ON COMMERCE UNITED STATES SENATE VOLUME I JULY 1, 1965 Printed for use o~ thc m~i~te~ on C~i~erce f-~-",~:1Ry~~ ~ ~9-737 0 WASHINGTON i9~ó For sale by the nu~erintendent of l)ocuinents, U.S. Governutent Printing Office Washington, D.C., 20402 - Price $4.00 \~ PAGENO="0002" COMMITTEE ON COMMERCE WARREN 0. MAGNUSON, Washington, Chairman JOHN 0. PASTORE, Rhode Island A. S. MIKE MONRONEY, Oklahoma FRANK J. LAUSCHE, Ohio E. L. BARTLETT, Alaska VANCE HARTKE, Indiana GALE W. McGEE, Wyoming PHILIP A. HART, Michigan HOWARD W. CANNON, Nevada DANIEL B. BREWSTER, Maryland MAURINE B. NEUBERGER, Oregon ROSS BASS, Tennessee NORRIS COTTON, New Hampshire THRUSTON B. MORTON, Kentucky HUGH SCOTT, Pennsylvania WINSTON L. PROUTY, Vermont JAMES B. PEARSON, Kansas PETER H. DOMINICK, Colorado II GERALD GRINSTEIN, Chief Counsel EDWARD JARRETT, Chief Clerk JEREMIAH J. KENNEY. Jr., Assistant Chief Counsel RALPH HoRToN, Assistant Chief Clerk WILLIAM T. BEERS, Jr., and JOHN M. BuRzIo, Staff Counsel PAGENO="0003" LETTER OF TRANSMITTAL THE LIBRARIAN OF CONGRESS, TVa~hington, D.C, June 1, 1965. Hon. WARREN C. MAGNUSON, Chairman, Committe on Corn merce, U.S. Senate, Washington, D.C. DEAR SENATOR MAGNUSON: In your letter of October 26, 1961, you informed me that the Committee on Commerce had authorized the pub- lication of an additional volume of the "Air Laws and Treaties of the World." You requested t.ha.t the staff of the Law Library complete the work by preparing this volume and that it include in it the basic air laws of all countries in the world and a detailed index. This task has been accomplished. In addition to volume 2, there has now been prepared, at. your subsequent request., volume 3, containing the multilateral aviation treaties in force and the bilateral air services agreements concluded by the LTnited States. Volume 1, the first edition of which is out of print, has been completely revised to cover amend- ments to the laws of or new laws passed in the countries previously included. The project was carried out under the general direction of Dr. William S. Strauss, Assistant General Counsel. Library of Con- gress, who again served as editor-in-chief and compiler. I hope that this work, which broadens the field to worldwide coverage of the subject matter, will be a worthwhile addition to the basic sources on aviation law. Sincerely yours~ L. QUINCY MUMFORD, Librarian of Congress. m PAGENO="0004" PAGENO="0005" PREFACE The compilation entitled "Air Laws and Treaties of the World," the first of its kind, is unusual in scope and magnitude. In 3 volumes totaling over 4,500 pages, it covers the national aviation laws of 120 countries and all multilateral aviation treaties in force as well as all bilateral aviation agreements and route grants of the United States. Legal texts were translated from 27 foreign languages including Arabic, Chinese, Finnish, Icelandic, Indonesian, Korean, and Thai. This compliation has been planned to serve as a complete and up- to-date reference and research tool for the Congress and the Govern- ment. in general, as well as for the legal profession and scholars here and abroad. It provides a readily available text of all pertinent ma- terials, and serves as a guide for drafting new air legislation. This availability of an authoritative comparative law source may lead to increasing unification of the aviation statutes of the various countries. In May 1961. the Committee on Science and Astronautics of the House of Representatives pul)lisllecl an initial volume l)earing the same. title, which contained the air laws of 30 countries and those multilateral aviation agreements to which the United States was a party. The fact that the supply of copies of the work was exhausted in short order, showed that there was a great need for information in this field, and made it clear that there would he a continuing demand for a complete compilation of air laws and treaties. Therefore, the Senate Com- merce Committee authorized the work necessary to achieve world- wide coverage, and by letter of October 26, 1961, I requested Dr. L. Quincy Mumford. the Librarian of Congress, to assign Dr. William S. Strauss, Assistant General Counsel of the Library of Congress, to direct and coordinate the project. The entire legal arid technical work has been done by the staff of the Law Library at the Library of Con- gress on a "time available" basis without any additional expense whatever. Dr. Strauss was assisted in his difficult task by Mr. William J. Klima, At.torne.v Adviser. Bureau of International Affairs, Civil Aeronautics Board, who acted as associate editor, and by Dr. Ivan Sipkov, who served as assistant editor and who also prepared the comprehensive index. I should like, to express my appreciation for their wholehearted support of this project to the Librarian of Congress, Dr. T~. Quincy Mum ford the former Deputy Librarian of Congress, Mr. Ruther- ford D. Rogers: the foi'mer Law Librarian and General Counsel, Dr. Lawrence Keitt, and his successor, Mr. Lewis C. Coffin; and the Associate Law Librarian, Mr. Francis X. Dwver. Thanks are due to the Law Library~s division chiefs for their cooperation: Mr. William Crouch (American-British) : Mr. Edmund Jann (European) Mrs. Helen Clagett (Hispanic) Dr. Tao-tai Hsia (Far Eastern) ; and PAGENO="0006" VI PREFACE Dr. Zuhair Jwaideh (Near Easte.rn and African). I also want to thank the officers of the `U.S. Department of State, of the Civil Aero- nautics Board and the Federal Aviation Agency, and the many foreign embassy and government, officials who provided the editor with exten- sive information on the laws in force in the various countries. Analyses, translations, and annotations of the laws of the countries indicated were the work of the staff members of the Law Library listed below. Timely completion of the project was due to their enthusiastic and scholarly application. These contributors are: from the European Law Division-Dr. Fran Gjupanovich (Yugoslavia); Mr. Johannes Kiesment. (Denmark, Finland, Iceland, Norway, Swe- den) : Dr. Stefan Kocvara (Czechoslovakia); Dr. Domas Krivickas (`U.S.S.R.) : Dr. Armins Rusis (`U.S.S.R.) ; Dr. Peter Siekanowicz (Poland); Dr. Ivan Sipkov (Bulgaria) ; Dr. William Sólyom-Fekete (Hungary) Dr. Virgiliu Stoicoiu (Rumania, Luxembourg); from the Far Eastern Law Division-Dr. Sung Yoon Cho (Japan, Korea); Mr. Paul Ho (China, Taiwan) ; from the Hispanic Law Division- Mr. Gilberto Fustó-Conde (Portugal); from the Near Eastern and African Law Division-Mr. Kemal Aly Vokopola (Italy, Albania). Mr. Walter Zevdel, Assistant Chief of the American-British Law Division, did the research on the laws of the `United States, the British Commonweatlh countries and the new English-language African nations. Mrs. Helen Clagett, jointly wit.h Dr. Strauss, did the trans- lation and editorial work on the Spanish and Portuguese speaking countries. Dr. Strauss made all translations from French and Ger- man, except. for Luxembourg. The law of Indonesia was translated and transmitted by C. Risakotta, Legal Bureau, Ministry of Air Communications, Djakarta, Indonesia. Mrs. Valentine Gianturco assisted in the translation of the Italian law and in the editing of other European laws. Mrs. Beatrice Jones and Mrs. Janet Briercheck were responsible for the administrative work. Mr. Russell B. Adams, vice president of Pan American World Air- ways was most. helpful in procuring legislative material of Panama and Peru, and Mr. Donald Duckworth, general counsel of Trans `World Airlines, obtained the law of Et.hiopia. On behalf of the committee, I wish to express particular gratitude to the very able and distinguished chairman of its Aviation Sub- committee, Senator A. S. Mike Monroney. Few men in public and private, life are as knowledgeable in the field of aviation. His great interest and constant awareness of the needs of aviation led him to the conclusion that a complete compilation of world air laws a.nd treaties would constitute and invaluable aid in the furtherance and understanding of civil aviation. He so advised the committee and as a consequence the committee unanimously authorized and compila- tion and publication of this document. In offering this work, it. is my hope and belief that the publication of the air laws and treaties in a. single language and a single document will advance, worldwide knowledge of the legal foundation of the field of international civil aviation, and w-ill thereby enhance mutual understanding and cooperation among nations. WARREN G. MAGNUSON, (7ian'nuni. PAGENO="0007" CONTENTS VOLUME I Page Letter of transmittal Preface v Aden - 1 Afghanistan 3 Albania 7 Algeria 11 Argentina 13 Australia 41 Austria 211 Belgium - 251 Bolivia 261 Brazil 265 Bulgaria 297 Burma 305 Burundi 323 Cambodia 325 Cameroon 327 Canada 329 Central Africa, Republic of 369 Ceylon 375 Chad 395 Chile 417 Chinese Peoples' Republic 435 Colombia 447 Congo 459 Costa Rica 4133 Cuba - Czechoslovakia 519 Dahomey 549 Denmark 575 Dominican Republic 605 Ecuador 623 Egypt 631 El Salvador - 641 Ethiopia 691 Finland France Gabon 751 Germany 753 Ghana 785 Greece 823 Guatemala 839 Guinea Haiti 853 Honduras 879 Hungary 921 Iceland 923 India 953 Indonesia 1117 Iran 1123 Iraq 1131 Ireland 1163 Israel - 1315 Italy 1319 VI' PAGENO="0008" VIII CONTENTS VOLUME II Page Ivory Coast 1409 Jamaica 1411 Japan 1437 Jordan 1499 Kenya 1515 Korea 1517 Kuwait --- 1549 Laos - 1577 Lebanon 1039 Liberia 1051 Libya 1673 Luxembourg 1690 Malagasy 1707 Malaysia 1709 Mali 1711 Mauretania 1713 Mexico 1721 Morocco 1745 Muscat and Oman 1793 Nepal 1795 Netherlands 1809 New Zealand 1829 Nicaragua 1849 Niger 1887 Nigeria 1900 Norway 1927 Pakistan 1961 Panama 1969 Paraguay 2015 Peru 2041 Philippine Islands 2083 Poland 2105 Portugal 2131 Federation of Rhodesia and Nyasaland 2137 Rumania 2149 Rwanda (Ruanda) 2183 Saudi Arabia 2185 Senegal 2209 Sierra Leone 2233 Somalia 2249 Federation of South Arabia 2251 Spain Sudan 2275 Sweden 2333 Switzerland 2359 Republic of Syria 2383 Taiwan (Formosa) 2397 Tanganyika 2411 Thailand 2413 Togo 2435 Tunisia 2437 Turkey 2447 Uganda 2449 Union of South Africa 2459 Union of Soviet Socialist Republics 2541 United Kingdom 2577 United States 2883 Upper Volta 3029 Uruguay 3031 Venezuela 3053 Vietnam 3067 Yemen 3069 Yugoslavia 3071 Zanzibar 3083 PAGENO="0009" CONTENTS IX VOLUME III PART 1. MULTILATERAL AvIAnoN AGREEMENTS Page 1. Convention Relating to the Regulation of Aerial Navigation (Paris, 1919) - 3085 2. Convention on Commercial Aviation (Nabana, 1928) 3093 3. Convention for the Unification of Certain Rules Relating to Inter- national Transportation by Air (Warsaw, 1929) 3103 4. Convention for the Unification of Certain Rules Relating to the Pre- cautionary Attachment of Aircraft (Rome, 1933) 3141 5. Convention for the Unification of Certain Rules Relating to Damages Caused by Aircraft to Third Parties on the Surface (Rome, 1933)~~ 3147 6. Convention on International Civil Aviation (Chicago, 1944) 3165 7. Convention of the International Recognition of Rights in Aircraft ("Mortgage Convention," Geneva, 1948) 3201 8. Convention on Damage Caused by Foreign Aircraft to Third Parties on the Surface (Rome, 1952) 3211 PART 2. BILATERAL U.S. AIR TRANSPORT AGREEMENTS Australia 3241 Austria 3255 Belgium 3269 Bolivia 3291 Brazil 3297 Burma 3347 Canada 3355 Chile 338.3 China (Taiwan. Formosa) 3403 Colombia 3435 Cuba 3455 Czechoslovakia 3475 Denmark 3489 Dominican Republic 3521 &iiador 3533 Egypt (United Arab Republic) 3547 Finland 3561 France 3569 Germany (Federal Republic of) 3631 Greece 3651 Iceland 3657 India 3665 Iran 3705 Ireland 3729 Israel 3753 Italy 3785 Jamaica 3829 Japan 383.3 Korea 3895 Lebanon 3933 Mexico 3951 Netherlands 3967 New Zealand 3975 Norway 4005 Pakistan 4035 Panama 4053 Paraguay 4091 Peru 4101 Portugal 412.5 Spain 4141 Sweden 4177 Switzerland 4209 Syria 4229 PAGENO="0010" X CONTENTS Page Thailand - 4247 Turkey 4255 South Africa (Republic of) 4269 United Kingdom 4319 Uruguay 4357 Venezuela 4363 APPENDIX 1. Route grants in bilateral agreements 4399 2. Status of international air services by U.S. and foreign air earriers~. 4422 Index 4463 PAGENO="0011" AIR LAWS AND TREATIES OF THE WORLD ADEN The State of Aden in the Federation of South Arabia, the Eastern and I'Vestern Aden Protectorates and the Sultanate of Muscat and Oman apply the civil aviation laws, including the colonial air acts and orders of the United Kingdom. PAGENO="0012" PAGENO="0013" AFGHANISTAN CiviL AVIATION ACT OF AFGHANISTAN OF AIIIGtTST 12,1956, AS AMENDED TO NOVEMBER 2, 19571 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 sov- 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. English text supplied by the Royal Afghan Government. 3 PAGENO="0014" 4 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 m 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 participatem operating the aircraft as a member of the crew, or act as flymg m- 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 Aviat.ion. 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="0015" AIR LAWS AND TREATIES OF THE WORLD 5 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. Telecommunication. 17. Suspension or revocation of permits, certificates or licenses. PAGENO="0016" 6 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 FOtE-CIVIL AVIATION COUNCIL ARTICLE XVI. There shall be a Civil Aviation Council which shall be the higliest 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 bud~ets; d. Interpret the civil aviation laws and rules, regulations and orders: espec~alIy 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 froni pel'sons especially qualified by knowledge and experience. The chairman and vice-chairman of the Council shall he 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. IAfghanis] 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; U. 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. ~() Assad 1335 1~i Au~ust 1956 ÂME XDMENT TO TIlE CIVIL AVIATION ACT The sentence "Director General of Civil Aviation" stated in articles (15-46 and 19) of the Civil A.viation Act has been amended to "Presi- dent of Civil Aviation". PAGENO="0017" ALBANIA PRELIMINARY Before World `War II Albania did not have any civil aviation of its own. Air services were taken care of by Italy which obtained a con- cession for all air traffic.' Since the war such services have been taken care of by way of bilateral agreements, by the U.S.S.R. or by other Eastern European countries, and recently to a limited extent, again by Italy. Legislation dealing with civil aviation has been both scattered and scarce. The People's Republic of Albania may be counted among t.he few countries lacking a law or a. code generally covering civil avia- tion. Thus, the only~ provisions touching on the subject are to be found in the Customs Code (1956). in Decree No. 1535 of September 4, 1952 describing and protecting the boundaries of the People's Re- public of Albania, and m its criminal code. The latter implies (Art. 256) that Albania complies with established and accepted interna- tional rules on flight. This, however, has not resulted in making Albania a party to international conventions on civil aviation or in having her elaborate statutes concerning civil aviation conform to the pattern of such principles. The provisions of Albania law applicable to civil aviation follow: CUSTOMS CODE 2 IMPORT OR EXPORT OF GOODS BY AIR OR LAND Art. 41. Clearance through customs of goods [shipped] by land and air shall follow the general rules. Art. 4~. Customs supervision and control of goods imported of ex- ported by air shall take place in the airfields established by the Min- istry of Communication in accord with the Ministry of Trade. Art. 43. The commander of an aircraft landing on airports of the Republic with passengers or goods shall submit to the Customs Office of the Airport the following: a) The certificates of nationality and registration of his air- craft; b) The bill of lading for goods carried together with the docu- ments of the Customs and Post Office of the place of departure; c) A list of the names of the passengers and their luggage; d) A list of names of the members of the crew of the aircraft. Art. 44. Before an aircraft takes off from any Albanian airport, it must submit to the Customs Office the following: a) A bill of lading and documents of goods transported: b) A list, of names of the passengers and their luggage. Art. 4S. The loading and unloading of aircraft on the airfield shall take place under the control and supervision of the Customs Authority. ~ Law of February 20, 1936 in: Legislazioi~e .4eronautiea Esteio. No. XL-Albanio. Rorna. 1935. 2 Gazeta Zyrtare (Official Gazette of the People's Republic of Albania No. 16, 1956). 7 39-737 O-65--vol. 1-2 PAGENO="0018" 8 A~ LAWS AND TREATIES OF THE WORLD CRIMINAL CODE ~ CRIMES AGAINST THE SOCIALIST ECONOMIC SYSTEM Destruction and damaging of means of communications Art. 106. The destruction or damaging of means of communication or of any work connected therewith, of signals, moving objects, or ships, with intent to cause a crash, or to wreck, damage, or halt the move- ment. of railroads, ships, automobiles and airplanes, shall be punished by imprisonment of from 3 to 10 years. If such acts actually cause a crash, wreck, or damage, or effectively halt the movement [of the carrier] they shall be punished by not less than ten years of imprisonment, or if they cause serious consequences, by the death penalty. Art. 107. Violation. of rules in the field of transport. Unless there are administrative penalties, violations of the rules dealing with the security and the orderly movement of transport by rail, sea, and air, or relating to the protection of transport equipment, to sanitary pro- visions, or to provisions relating to prevention of fire in the trans- portation field, shall be punished by a fine of up to 10,000 leks, cor- rectional labor, or imprisonment of up to three years. Art. 108. T7iola.tion of labor discipline in transport. The violation of labor discipline by workers in rail, sea and air transportation, shall be punished by imprisonment of up to ten years, if such offense has caused interruption of transportation plans, stoppage of moving equipment, damage to the means of communications, their installation or to the means of transport themselves, or any other disorder of im- portance in the field of transportation. If the violation of labor discipline by workers on rail, sea and air transportation has caused or may cause a crash, collision or damage and other accidents as well as injuries, or serious damage to com- munication installations and the means of transportation themselves, the j?unishment shall be not less than ten years of imprisonment, and if such acts cause especially serious consequenses, the punishment shall be death. CRIMES AGAINST THE ADMINISTRATIVE ORDER Violation of pro visioii~ dealing with the protection of the country's boundaries Art. ~55. Unless the act constitutes a more serious crime, crossing any boundary of the State shall be punished by imprisonment of up to five years. Art. 256. Violations of international flight rules, particularly as to entering or leaving the People's Republic of Albania without flight permission, violations of air routes, landing places, or flight altitude as specified on the permit, shall be punished by a fine of up to 15,000 leks or deprivation of freedom by imprisonment of up to ten years, with or without confiscation of the aircraft. ~ Kodi Penal i Republikds Popullore td Shquipëri8ë (Tlranë, 1959). PAGENO="0019" AIR LAWS AND TREATIES OF THE WORLD 9 Violation of special provi$ions of the administrative order Art. P132. Violation of provisions on radio equipment. The viola- tion of provisions on use of radio and radio equipment on Albanian ships or aircraft, or on foreign ships or aircraft in Albanian waters or in the airspace of the Albanian People's Republic, shall be subject to a punishment of a fine of up to 15,000 leks or imprisonment of up to ten years. PAGENO="0020" PAGENO="0021" ALGERIA The following basic legislation has been enacted: 1. Decree No. 62-510, August 23, 1962, concerning establishment and organization of a civil aviation service in Algeria (Journal Officiel No. 13/14, September 14, 1962). 2. Ordinance No. 62-050, September 24, 1962, concerning registra- tion and definition of, and property in aircraft (J.O. No. 19, Septem- ber24, 1962). 3. Decree No. 63-58, February 13, 1963, reestablishing freedom of flight in Algeria for aircraft used for touring and aerial work (J.O. No. 8, February 22, 1963). 4. Decree No. 63-84, March 5, 1963, ratifying the Chicago Conven- tion (J.O. No. 14, March 19, 1963). 5. Ordinance No. 63-412, October 24, 1963, concerning flight rules for aircraft (J.O. No. 80, October 29, 1963). 6. Ordinance No. 63-413, October 24, 1963, concerning criminal pro- visions regarding violation of the rules on registration and definition of aircraft (J.O. No. 80, October 29, 1963). 7. Law No. 64-244, August 22, 1964, concerning airdromes and safety restrictions thereon (J.O. No. 69, August 25, 1964). 8. There are several decrees and ordinances on administrative mat- ters, such as the establishment of the Algerian Airports as a public corporation, etc. 11 PAGENO="0022" PAGENO="0023" ARGENTINA PRELIMINARY 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 t.he 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 1944 (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 benoted 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. 13 PAGENO="0024" 14 AIR LAWS AND TREATIES OF THE WORLD 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 I. Airdromes 23-29 Chapter II. Limitation on property rights 30-34 Title IV. Aircraft: Chapter I. Definition 35 Chapter II. 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. Attahment 64-66 C'hapter XI. Industries 67-70 Title V. Flight personnel 71-88 Title VI. Flight c~erations (`haprer I. Documents pertaining to national aircraft 89-91 Chapter II. Documents pertaining to foreign aircraft 92-93 Title VII Air trans~srt:ttiOfl Chapter 1. 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 156-158 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. Statut~ of limitations 179-181 Title XV. Jurisdiction, powers, and applicable law 182-189 Title XVI. Violations and penalties Chapter I. Violations 190-193 Chapter TI. Criminal offenses 194-198 Title XVII Police anil procedures 199-20u Tit~o XVIII. Misoellanoous provisions ..~ 206-211 PAGENO="0025" AIR LAWS AND TRF:ATTES OF THE WORLD 15 ARGENTINA AVIATION CODE OF ARGENTINA,' PROMtLGATED ATGIST 4, 1954 TITLE I-GENERAL PROVisIONS Article 1. This Code shall govern civil aviation within the territory of the republic of Argentina and tile 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 tile use of air- craft, excluding military aircraft and aircraft of the customs and tile 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 takemi. Article 2. For the PuiI~oses 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 IT-PROVISIONS PERTAINING TO NAVIGATION IN THE 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 tile 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 tile event of war or internal disturbance, or when the public welfare is deemed endangered, tile Executive shall have the power to prohibit or limit navigation in tile air over tile territory of Argentina with respect to all or a particular type of aircraft. Article 6. Flight over specified areas of Argentine territory may be prohibited or limited for military reasons, in tile 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- plosives or ammunition of war in aircraft transporting passengers. Law No. 14.307, passed July 15. 1954. sanctIoning the Cod~e: (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 conventions) In the series "Codigos y Leyes Usuales de la Republics Argentina" under the title "Codigo Aeronautico de Ia Naclon Argentina" by Lajouane Edltores, Buenos Aires (1954). PAGENO="0026" 16 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 [aerodromo do 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="0027" AIR LAWS AND TREATIES OF THE WORLD 17 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. Airdromes 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 majeure 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 maimer set forth in the pertinent provisions of law. Chapter II-Limitatio~ 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 facilities are considered all t.he elements necessary to set up ground aid units such as beacons, signal systems, radio corn- PAGENO="0028" 18 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- taining 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., construct.ion 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 t.his 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 devolve upon 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-AIRCRAFI' Chapter 1-Definition Article 35. Aircraft shall be deemed to be any devices or machines which are capable of circulating in the air and which a.re 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 111-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. t.he ownership, transfer, alteration, or destruction of aircraft; 2. Incumbrances or restraints imposed on aircraft or which may be decreed against, them; PAGENO="0029" AIR LAWS AND TREATIES OF THE WORLD 19 3. Registration papers with sufficiently detailed information to identify aircraft and certificates of airworthiness; 4. The grounding, disablement, or loss of an aircraft, sub- stant.ial 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 owned by 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 Article 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-Marleings 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. PAGENO="0030" 20 AIR 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 VIZI-Mort gages 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 by 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 t.he 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 lfl conflict with this Code. Chapter [K-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="0031" AIR LAWS AND TREATIES OF THE WORLD 21 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. Recordation of the contract in accordance with t.he 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 part.y with t.he 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-A ttachnwnt 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. When 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 purpose 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 aircraft maintenance shops and all other similar enterprises. PAGENO="0032" 22 AI~ LAWS AYD TREATIES OF THE WORLD TITLE V-FLIGHT PERSONNEL Article 71. The members of the flight crew and the persons re- quired to pail icipate 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 a~ 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 T~. The competent authority shall determine the compo- sition of the flight, crew of aircraft which engages in transportation service. Article 7G. 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. I-Ic 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. propert.y 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- bilit.y 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 hoard 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 ste.ps 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 t.he representative of the owner at the place of first landing. Article 81. In the event, that he considers it unavoidable for t.he safety of the aircraft, and subject to the provisions of Article 10, the commander of aircraft nn~v ~e.t tison goods a.nd baggage during fii~ht. If choice is possible to him, lie shall jettison things of lessei' value. \rt le 52 Certi~c'~'~ion or ~ `ti on of c eiienh't's issuec1 `~ ~ tor e c~ n ~ :`~ e th.~ `~o~'eements with ~-~peci uje~t matter ~r~terc~ imn.~ be~.ween that government and~the Government of Argentina. PAGENO="0033" AIR LAWS AND TREATIES OF THE WORLD 23 If t.here 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 imine 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, t.he agencies which render these services. TITLE VI-FLIGHT OPERATIONS Chapter I-Documents Pertaining to National Aircraft Article 89. No Argentine aircraft flay 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- ficat ions 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. C/ia pter II-Docum~ents 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. &9-737 O-65-vol. 1-.- -3 PAGENO="0034" 24 AIR LAWS AND TREATIES OF THE WORLD TITLE Vil-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 vIII-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 II- T~nsched ~i led Air Tic nspo rtation 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 tecimical 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="0035" AIR LAWS AND TREATIES OF THE WORLD 25 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 be 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 1 V-Transportation 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 he 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="0036" 26 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-Tra~sportation of Goods Article 115. The legal designation of the contract between the shipper and the carrier shall be "bill of lading" [carta do 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. Art~icle 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 T71-Tran.sportation of Mail Article 121. The establishment and operation of the air mail service shall be in the care of and under the direction and control of the respective ministries. PAGENO="0037" AIR LAWS AND TREATIES OF THE WORLD 27 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 Argentine 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 a.s 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 TX-SEARCh, AID. AND RESCUE Article 125. Upon request by the competent authority, any owner of an aircraft shall be under a duty ill 50 far as he is able to render aid in the search for aircraft. Article 126. The commander of an aircraft in flight, shall render tile following assistance: 1. Aid to other aircraft in flight which find themselves in a situ- ation of nnminent danger; 2. Rescue of persons in danger because of damage sustaine.d by the aircraft transporting them. Article 127. There shall be no duty to render assistance when ally 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 tile existence of a duty to do so, tile operator of tile 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 ]fl tile search mentioned in Article 125, shaH have a right to be reimbursed for expenses arising therefrom and for damage sustained during the operation or as a direct consequence t.hereof. Article 130. Tile 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 t.h~reof. The reimbursement shall be tile 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 tile risks involved and tile expenses and damages sustained by the rescuer, the difficulties of the. rescue work, and tile danger inc.urred by tile rescued 2 and tile value of the property saved. Payment of tile compensation which in 110 event may exceed the value of the property saved, shall be made by tile owners thereof in proportion to the value, and the rescuer may claim directly from the ~ Th~ Spanic~h teit read "socorrido" meaning `re~cued'. This may by an error, and the word should be "salvador' (rescuer). PAGENO="0038" 28 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 I-Damages Sustained by Passengers or Goods Being Tic n -c71o i'ted Article 134. A carrier shall be, ]iable for any damages or losses caused by the death. injury or any other physical detriment SUSt ained by a passenger, when the accident which caused the damage took place on l)Oard an aircraft or while boarding or disembarking from it. Article 135. A carrier shall be lial)le for any damages or losses suffered by destruction, loss, or damage to baggage that has been checked and to goods when the event causlng the damage took I)lace during the air transportation. Air transportation for ~)urposes 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- sinned in those cases that the damage was sustained during the air transport at ion. 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 re(luce 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="0039" AIR LAWS AND TREATIES OF THE WORLD 29 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 filed by the shipper at t.he 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 be void; but the nullity of such a clause shall not go to the essence of the corrtract 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 del transporte]. Article 143. In the case of loss, the consignee shall file 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="0040" 30 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 II-Darnage$ Caus~ed to T/~ird Parties on the Ground 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 prece.ding article shall attach to the operator of an aircraft. In the case that the name of the operator does not appe.ar 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 t.he 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- renc~v ($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 (S100,000) 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="0041" AIR LAWS AND TREATIES OF THE WORLD 31 his own wrongdoiiig 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 TVhen 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 liT_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 b one aircraft in flight to another aircraft in flight, or to Pers~1~ or property on board, even if there is no collision, shall be considered to have resulted from a Iflid-air collision. Article 1(~O. 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 impairing the right of a tortfeasor who has paid more than the amount for which he is liable to recoup from the other tort feasor. Article 163. No liability shall attach in the case of an unavoidable accident or of force majeure. Chapter V-Darnaqes to Third Parties on the Ground in the Case of Mid-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- tors 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="0042" 32 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 n?~1jeure, 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-INStTRANCE 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 ins~urance 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="0043" AIR LAWS AND TREATIES OF THE WORLD 33 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 1y 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-INSPECTION 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 XIII-FORFEITURE Article 176. The Executive, upon the report of the competent au- thority, may declare the revocation or withdrawal of the authoriza- tion given for the operation 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="0044" 34 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-STATtTTE 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- mont 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-JtTRI5DICTION, POWERS, AND APPLIGABLE LAW Article 182. All matters concerning aerial navigation in general and the establishment and operation of airports intended for inter- national and interstate air travel or for air services connected wit,h these in particular are hereby declared subject matter of national leg- PAGENO="0045" AIR LAWS AND TREATIES OF THE WORLD 35 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 Argentme aircraft, over Argentine territory, or over territory not subject to the sovereignty of any state, shad! be governed by the law of theiand 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 junsdiction and legislation in regard to civil, commercial, or criminal matters shall be applicable to air navigation insofar as they are not in conflict with the provisions of this Code. PAGENO="0046" 36 AIR LAWS AND TREATIES OF THE WORLD TITLE XVI-VIOLATIONS AND PENALTIES Chapter I-Violatioii~ 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 191. 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 only 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 11-Criminal 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 three months 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 re~etition, the guilty person shall be permanently barred from engaging in any aircraft operations. PAGENO="0047" AIR LAWS AND TREATIES OF THE WORLD 37 TITLE XVII-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 xvm-MIScELLANE0US 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="0048" 38 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="0049" AIR LAWS AND TREATIES OF THE WORLD 39 OTHER LEGISLATION IN FORCE IN ARGENTINA ORDER NO. 18, FEBRt~ARY 25, 1958 In view of the development attained by Argentine commercial avia- tion and the need duly to protect national aeronautic interests, and Whereas the protection of regional traffic has been universally ad- mitted and the aeronautic authorities of the different countries have adopted the measures directly or indirectly intended for this purpose; In all bilateral agreements signed by the Argentine Republic in commercial aviation matters, it is expressly stated that the develop- ment of local and regional services constitutes a basic right of t.he coun- tries interested in the route involved; Today the operation of regional services is not properly adjusted to the principles mentioned above, but, until such time as the Commission set up by Order No. 325/57 for the study of this problem reaches a decision, it is deemed appropriate to maintain the present system of traffic with the neighboring countries in order to avoid an even more prejudicial situation, The National Director of Civil Aviation orders: 1. As from this date, commercial air services between the Ar- gentine Republic and the Republic of Bolivia, Brazil, Chile, Para- guay and Uruguay are hereby subject. to the system established by the present order. 2. Commercial aviation companies hereafter shall not transport within each quarterly period a number of passengers and a volume of cargo exceeding those transported during the same period of 1957 in their regular flights. 3. The preceding paragraph does not include the Argentine com- panies and those belonging to the Republics of Bolivia, Brazil, Chile, Paraguay and Uruguay, which shall transport~ Passengers and cargo between the Argentine Republic and their respective countries on a fair and equal basis. 4. The General Bureau of Commercial Aviation shall be en- trusted with the control of t.he fulfilment of the present Order, until such time as the commission created by Order No. 325/57 issues a decision. 1. Decree 20.727 of December 7, 1954, creates the National Direc- torate of Civil Aviation in the Ministry of Aeronautics, to replace the Under-Secretariat of Civil Aviation. Repeals Dec.rees Nos. 25503/50; 28364/50; 897/52; and 351/54. on establishment and organization of said Under-Secretariat. (Boletin Ojidal. December 29, 1954.) 2. Decree 14119 of September 9, 1955, regulates installation, trans- portation, and use of photographic and cinematographic equipment in planes. (Boletin Oficial, September 15, 1955.) 3. Decree No. 9692, of May 29, 1956, establishes the Technical Ad- visory Council of Civil Aviation. (Boletin Ofidal. June 12, 1956.) 4. Decree No. 11.552 of July 2, 1956, approves the Statute for Argen- tine Airways-Enterprises of the State. (Boletin Oficial, July 24, 1956.) 39-Th7 O-6.5--vol. 1-4 PAGENO="0050" 40 AIR LAWS AND TREATIES OF THE WORLD 5. Decree No. 19.986 of November 5, 1956, approves the plan of ac- tion of the Argentinian State Airlines for the fiscal year of 1956. (Boletin Oficial, December 7, 1956.) 6. Decree-Law No. 1256 of February 1 ,1957, establishes standards for the constitution, foundation, and control of air-transport enter- prises. (Boletin Oficial. February 7, 1957.) 7. Decree No. 3109 of March 25, 1957, authorizes "First Uruguayan Lines of Air Navigation" to bring about air navigation service with Uruguay. (BoletinOflcial,April3, 1957.) 8. Decree No. 4678 of May 7, 1957, amends the Statute of Argen- tinian Airlines and establishes a new text of the same. (Boletin Ofleial, May 16, 1957.) 9. Decree-Law No. 12/627, of October 11, 1957, establishes standards for registering and naming airplanes. (Boletin Oficial, October 23, 1957.) 10. Decree-Law 1.055 of January 29, 1958, creates the Aeronautic In- surance Company as a state enterprise. Repeals Law 13.004 of Sep- tember 6, 1947, which had set up the Commercial Air Insurance (Boletin Oficial, October 14, 1947). (Boletin Oflcial, February 6, 1958.) 11. Decree 6474 of April 30, 1958, approves the jurisdiction regula- tion of the Ministry of Aeronautics. (Boletin Oficial, May 16, 1958.) 12. Decree 2649 of July 24, 1958, lists the minimum first aid and medical supplies which must be carried on planes and amends Decree 9626 of 1949 on this subject. (Boletin Oficial, August 14, 1958.) 13. Decree 11.161 of December 11, 1958, approves regulations of Article 29 of the "Standards for the functioning and control of air traffic." (Boletin Oficial. January 7, 1959.) 14. Decree 1.875 of February 23, 19592 regulates jurisdiction of the military Administration of the Secretariat of Aeronautics. (Boletin Ofleici, February 27, 1959.) 15. Decree 636 of January 22, 1961, permits aircraft of foreign registration imported prior to November 25, 1960, to be registered, provided payment is made of a 20-percent surcharge. (Boletin Oflcial, March 13, 1961.) 16. Decree-Law 6,667 of August 9, 1963, adopts rules to govern local transportation of postal air cargo. (Boletin Oficial, September 27,1963.) PAGENO="0051" AUSTRALIA AIR NAVIGATION ACT 192O~195O.* An Act relating to Air Navigation. BE it enacted by the King's Most Excellent Maje.sty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follow.~ :~- 1. This Act may be cited as the Air Navigation Act 1920-1950 ~ Short title. Shod title amended; No. 32, 1918, S. 2. 2. This Act shall commence in relation to the several States and Commeucament. Territories on such days as are respectively fixed by Proclamation.f 3. In this Act, unless the contrary intention appears- Deftnitlons. "the Chicago Convention" means the Convention on Inter- Amended by No. 6, 1947, national Civil Aviation concluded at Chicago on the a. 2; end No. 80, seventh day of December, One thousand nine hundred 1950, s. 3 and First Schedule. and forty-four. 3A. The ratification on behalf of Australia of the Chicago Con- Approval of vention is approved. ratiflcation of Chicago Convention. inserted by No. 6. 1947, a. 3. * * * * * * * * Sictlon4 ri~uled by No. 6, 1947, a. 64 * The Air Navigation Act 1920-1950 comprIses the Air Nat'igatiou 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 Commencement. Air Navigation Act 1920 1920, No. 50 . . Air Navigation Act 1036 1936, No. 93 *. Air Navigation Act 1947 1947, No 6 . . Air Navigation Act(No. 2)1947 1947, No. 80 . . Statute Law Revi8ion Act 1950 1950, No. 80 .. 2nd December, 1920 28th March, 1021 7th December, 1936 7th December, 1936 2nd April, 1047 36th April, 1947 11th December, 1047 11th December, 1947 16th December, 1950 31st December, 1950 tThe respectIve dates so fixed were- (a) in relation to the several States and Territaries-28th March, 1921 (ocr Gazette 1921, p. 480); (b) In relatIon to the Territory of Cocos (Keeling) Islands-23rd November, 1955 (ere Gazetie 1955, p. 3824a); and (c) to relation to the Australian Antarctic Territory-lOth April, 1950 (nec Gazette 1956, p. 1068). ~ Section 0 of the Air Navigation Act 1947 reads as follows "6. SectIon four of the PrIncipal Act as amended by this Act shall cease to have effect a.s at midiuglit on the ninth day of August, One thousand lime hundred and forty-seven and shall tie deemed to be repealed as at that time.". [Omitted] 41 PAGENO="0052" 42 AIR LAWS AND TREATIES OF THE WORLD ~r~to make 5.-(1.) The Governor-General may make regulations- Su~stItiZ'by (a) for the purpose of carrying out and giving effect to the lo~9. 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 aerodromes 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 hulldre(l 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 (_Vo. 2) 1947 reads as follows:- 4. The Air Navigation Regulations, being Statutory Rules 1947. No. 112, and aiiy regulatione amending those Regulations and made before the commencenleilt 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 made under the Principal Act. IS amended by this Act, continue in force notwithstanding the repeal ofsectiumm live of the i'rlncipal Act.". PAGENO="0053" AIR LAWS AND TREATIES OF THE WORLD 43 AUSTRALIAN NATIONAL AIRLINES ACT 1945~1952.* An Act to provide for the Establishment and Operation of National Airline Services by the Commonwealth and for other purposes. I[EREAS, 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 tie 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 tiUe. Act 1945-1952. Amended; * The Australian Nalional Airlines Act 1945-1952 comprises the Australian National Airlines Ad 1945 as amended. Particulars of the Principal Act and of the amending Acts are set out in the following table Act. Year and Number. Date of Assent. Date of Commencement. Australian National Airlines Act 1945 Australian National Airlines Ad 1947 Aisstra5an National Airlines Act 1952 No. 31, 1945 No. 90, 1947 No. 102, 1952 16th August, 1945.. llthDecember,1947 18th November, 1952 17th April, 1946 IlthDecesnber,1947 16th December, 1952 PAGENO="0054" 44 AIR LAWS AND TREATIES OF THE WORLD commencement. 2. This Act shall come into operation on a date to be fixed by Proclamation.* 3. This Act is divided into Parts as follows:- Part I.-Preliminary. Part II.-T~he 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.-Penalties and Procedure. Part VII.-Misee1laneous. Definltiona. 4. In this Act, unless the contrary intention appears- je~~ "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 lea.st 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 Navigatün 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 Commonwealth; "Chairman" means Chairman of the Commission and includes a Commissioner or person appointed to act as Chairman; The date fixed was 17th Apr11. 1946. See Gazette 1946, p. 1068. t This definition was substituted by paragraph (a) of section 3 of the Australian Natiarm.j A~riines Ad 1947. PAGENO="0055" AIR LAWS AND TREATIES OF THE WORLD 45 "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; 4'goOds" includes merchandise and chattels of every descrip- tion, 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; "sëhethiled stopping places ", in relation to any airline services 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. 5. This Act shall extend to all Territories of the Commonwealth. t~Ion oC Act to Territories. 1~ART 11.-THE NATIONAL AIRLINE SERVICES. 1)ivision 1.-Establishment and Constitution of th.e Australian National Airlines Commission. 6.-(1.) For the purposes of this Act, there shall be'a Commis- Austmllaii 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="0056" 46 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 docu- ment or notice and shall presume that it was duly affixed. (4.) The head Office of the Commission shall be established at such place a.s the Minister, on the recommendation of the Com- mission, appoints. Compoeitlonof 7.-(1.) The Commission shall consists of five Commissioners. Coinmlaeion. . (2.) One of the Commissioners shall be appointed to be Cha)r- 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 Cominis- ~i~n?sIoner~. 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~- ~mrnIas1oners. (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 (e) 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. Ab~~ ot 1O.-(1.) In case of the absence (whether through illness or Chalrm*n. otherwise) of the Chairman, the Vice-Chairman, if present, shall net 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-General specifies. PAGENO="0057" AIR LAWS AND TREATIES OF THE WORLD 47 (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 illnes.s or Iunee~ or otherwise) of any other Commissioner, the Governor-General may, r~n7ss?~ners. 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 a D1~mIssaI of a Commissioner or an Acting Commissioner for inability, inefficiency ~ or misbehaviour. (omm~sioner. 14.-(1.) A Commissioner shall be deemed to have vacated his Va~tio,i of office. (a) if his ap~)ointment is terminated by the Governor- ~ ~`*~ General in pursuance of this Act; ~o~02 ~ (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 t~ie 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 claims to participate, in the profit of any such contract or agreement or in any benefit or emolument arising from the contract or agreement. PAGENO="0058" 48 AIR LAWS AND TREATIES OF THE WORLD (2.) A Commissioner shall not be deemed- NO.102, 19 (a) to become concerned or interested in a cpntract or agree- ment specified ui 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; (d) 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. Meetlngsof 15.-(1.) The Commission shall hold such meetings as, in the Commle&on. . . opinion of the Chairman or at least three other Commissioners, are necessary for the efficient conduct of its affairs. (2.) 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 `Commission 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 ~ 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 may 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="0059" AIR LAWS AND TREATIES OF THE WORLD 49 17.-(1.) Tb-c Commission shall appoint a general manager, Appointment of officers. 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.) * * * * * * omlttedby i.e. 102, 1952, 18. The Commission may appoint such temporary or casual L 3.' employees as it thinks fit, on such terms and conditions as the Corn- I~~r &ad 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- ment, an officer of the Public Service of the Commonwealth, his 4o~ 102, 1952, * This sub-section was omitted by sub-section (1.) of section 3 of the Auth-allan Nalional Airlinee Ad i952. 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." t This sectIon was inserted by sub-sectIon (1.) of section 4 of the Asulrajian National Airlines Ad 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="0060" 50 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 sections had bee.~i specified in the Schedule to that Act. Division 2.-Powers, Functions and Duties of the Commission. General 19.-(1.) For tile purpose.s of this Act and subject to the pro- and visions of this Act and of the Air Navigation Regulations and with commlsalon. , 8ub~ctIon (I) full regard to safety, efficiency and economy ot operation the wi~ded7 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 e.stablishment, maintenance or operation by the Commission 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; (Li) 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. Amsnded by (3.) The Coiiimi~sion, with the approval of tile Minister, shall No.90, 1947, 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-state 19A.-(1.) Where the Parliament of any State has, prior to the eerv1o~ In puan~ of commencement of this section, by any State Act, referred to the ~ Parliament of the Commonwealth the matter of air transport, or the Parliaments matter of the regulation of air transport, the Commission may, No. 90, l~7, subject to this section, during the period of operation of that State Act. or during any extension of that period- (a) establish airliue 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="0061" AIR LAWS AND TREATIES OF THE WORLD 51 and shall have, in relation to any such service, the like powers as it has in relation 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 Commission 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 equiva](nt In the licence fees (if any) which would be payable under the~ law of the State if the service were operated by a person other than 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- charges. Substituted by pose and may deman(l such fares and charges, and impose such No. 102, 952, conditions, in respect of that transport, a.s it determines. 21.-(1.) Subject to `this Act, the Commis.sion may- Powerth (a) acquire by lease or purchase any land, buildings, ease- 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, leases 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 indirectly, from places outside Australia. of aircraft, eouipment or materials of a greater value than Ten thousand pounds. PAGENO="0062" 52 AIR LAWS AND TREATIES OF THE WORLD Contracts for 22. The Commission may enter into any agreement or contract ~r~P0rt of with the Minister on behalf of the Commonwealth for the transport of mails by air. General 23. Subject to this Act the Commission may contract for the contractual powers of execution of any work or service authorized by this or any other CommissIon. Act to be executed by the Commission, in such manner, upon such terms, for such sums, and under such stipulations, conditions, and Lestrictions as the Commission thinks proper. mm~esIon to 24. For the purposes of this Act the Commission shall be 0~u~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 privileges of common carriers of passengers and goods. rations 25.-(l.) The I~Iinister may, if he is satisfied that it is in the dIrectIo~i 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 tile 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- tirmued to be maintained has been operated at a loss in any financial year and if, after due provision is made for reser~~es, a loss results in that financial year from the whole of the operations of the Commis~,ion, 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.-(l.) Any contract which, if made between private persons, co~rnm1asion- would by law be required to be in writing and under seal, may be boa 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 varied or discharged in the same manner. (3.) Every contract made according to the provisions contained in this section and duly executed 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, ii ci rs, executors and administrators. Commission 27. The Commission may compound and agree with any person co~pound f~ 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="0063" AIR LAWS AND TREATIES OF THE WORLD 53 contract, or in any bond or other security for the performance of the contract, or for or on account of any breach or non-performance of the contract, bond or security, for such sum of money or other t'onsicleration as the Commission thlflk8 proper. 28. Nothing in this Act shall be construed to confer on the Limitation 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 Ap~1icatIon far as applicable, apply to and in relation to the Conimission in like ~1a~l~t1on manner as they apply to and in relation to other persons. ROWS tons. 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 purpose, such amounts as are, in the opinion of the Minister, No. 102, I95~ 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- ment 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 Com- monwealth at such times and in such amounts as the Treasurer (1 etermines. (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.-(l.) The Commission may borrow money for temporary ~rrowing~ by purposes on overdraft from the Commonwealth Bank of Australia. or from such other bank as the Treasurer approves, but the N I02,I95~ 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 CommiMion to I~1inister directs, of its receipts and expenditure for each financial te?°°~~ year and shall submit those estimates to the Minister. PAGENO="0064" 54 AIR LAWS AND TREATIES OF THE WORLD Moneys 33. Moneys held by the Commission which are uninvested may ~ be 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 he held to be moneys of the Crown. Application of 34. Subject to this Act, the moneys of the CoininLssion may be applied as follows (a) In payment of the expenses and charges and in discharge of other obligations incurred or undertaken by the Commis.sion in the exercise of its powers, duties and functions under this Act; (b) In payment of the remuneration and allowance.s of the Commi.~sioners and the salaries, wages and allowances of officers and employees of the Commission; and In inve.strnent in any securities of. or guaranteed by. the Government of the Commonwealth. Account,s. 35. The Commi.s.sion shall keep its accounts in such form as is a pproved by the Treasurer. Audit. 36.-(1.) The accounts of the Commi.s.sion 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 tile mmult of each inspection and audit. to 37.-( 1.) The Commission shall pay all rates, taxes and charges pay rates, ilnJ)osed by or under any low of t lie Comiiion wealth anti SUCh other taxes and . charges. mates, taxes or charges as the Mini.ster specifies. Sub~sectIon (I.) ~rne~;d1bj52 (2.) * The Commission is not a public authority for the purposeS 7 (l.)(a). ` of paragraph (d) of section twenty-three of the Incowe T':x anil SUb-sectlofls(2.) ~ocial ~Services Contribution Assessment Act 1936-1952. No. 102, 1952, . . s. 7(1.) (6). (3.) The Commission is not a public transport authority for the purposes of item 77 in the First Schedule to the [~ates Tax (Exemptions and Classifications) 1('t 1935-1952. irolits of the Commission. 38.- (1.) For the purposes of this Act, the profits of the ~bst~d~~ Commission for a financial year are the amount (if any) remaining 0. 8. after deducting from the revenue received or receivable in respect of that financial year the expenditure incurred in respect of that financial year. * Thissuh'section was added by paragraph (b) of nub.section (1.) of section 7 of the Australian ,\`ational .4*rl)ns let 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 ant] fifty.two PAGENO="0065" AIR LAWS AND TREATIES OF THE WORLD 55 (2.) For the ~~iirj~oses of the last preceding sub-section, the exl)erdhiture of the Commission includes- (a) ehaiir's and expenses accrued but not paid (b) hrov~on for obsolescence and depreciation of asset,s; (c) provision for insurance il) 1r0v:sion for staff superannuation and (r) ])rovwlon for income tax and social services contri- hut ion. (:1.) The profits of the Commission for a financial year shall he applied in the first place in payment of such sums a.s the Trea- surer determine.s under sub-section (3.) of section thirty of this Act: the balance (if any) shall be applied in such manner as the Mini.ster, with the concurrence of the Treasurer, determines. (4.) Before a (leternunation is made under the last preceding sub-section. the Minister and the Treasurer shall have regard to any advice which the Commission has furnished to theni in relation to the financial affairs of the Commission. * * * * * * * * S.39repealsd by No. 102, 1952,s. 8. Division 4.--Re ports. 40.-(1.) The Commission shall, as soon as possible after the AnnuaIr-~p~rt close of each financial year, submit to the Minister an annual by Commission. report with respect to the operations of the Commission and financial accounts, in respect of that year, in such 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 receipt by the Minister. 41. The Commission shall furnish all such report~, documents, Further reports and information relating to the operations of the Commission as ~° Minister. the Minister requires. PART 1hl.-COMI'UrSORY ACQUISITION OF AIRCRAFT AND OTHER PROPERTY. 42. The Conimission 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 property (not being land) required for the purpose.s of the Commission. 43. Upon the service of the notice on the owner or the publica- Property to tion of the notice iii the Gazette the aircraft or property described ~ 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, ~9~7~7 O-~65---voI. 1~-5 PAGENO="0066" 56 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 he dealt with in accordance with the provisions of this Act. Du~y11of owner 44. Where any property is acquired under section forty-two of possession of this Act, the person from whom the property is acquired, and every person in whose Tiossessioi1 or custody or under whose control the property may be. shall deliver up the property in accordance with ihe terms of the notice by which the acquisition is made. Penalty : One hundred pounds or imprisonment for six months, ui both. Pow!rt~h 45. For the lulTose of enabling the Commission to exercise the do~ngof a~ts, power conferred by section forty-two of this Act and for facili- &c. to fadilitata . . acquisition of tating that exercise, the Commission and any person thereto property. &ut~orized by the Commission shall have such powers as are prescribed. Airline licenoce to be inoperative PART TV-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 has 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 Corn- niission, at least one of which is within a Territory of the Common- wealth, 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 hetween 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 I)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 vOth respect than the Commission or a contractor to whom the Commission has requested the licensing authority to issue the licence- Amended by No.90, 1947, * * * * * * PAGENO="0067" AIR LAWS AND TREATIES OF THE WORLD 57 (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 place.s, 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 airline service, and any other person holds an airline licence in of propoesi respect of a service which provides transport by air between any of ~ the scheduled stopping places of the service, at least one of which Amended by No. 90, 1947, is within a Territory of the Commonwealth, it shall- s. 8. (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- (a) to transport by air for reward any person or goods; ~~a~t0 (b) to be transported by air for reward; or Amended by (c) to have any other person or any goods transported by ~ 1947, 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.-COMPENSATION. 50.-(l.) For the purposes of this Part there shall be a Corn- Compensation p(~nsation Board, consisting of a Chairman and two other person.s, 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="0068" 58 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 (lirects. (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, a.s 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 th~ Chairman shall he of the same force and effect as if it were the determination of the Board. Dep~U~. 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 1liember (other than the Chairman) of the Compensation Board (luring any absence of the member, or at any time when the member i~ 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 and perform all the functions of the member of the Board for whom he is the Deputy, and any reference irì this Act to a member of the Board shall be read as includin2 a reference to the Deputy of a member so acting. (4.) It shall not be necessary for a person appointed under this ~ction to have any qualification possessed by the member of whom he is appointed to be the Deputy. CIaim~for 52.-(l.) Any person who suffers loss or damage by reason of compensstIo~. 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 i~' de1ermined by agreement between the Commission and the person concerned. Insirted by (lÀ.) An agreement under the last preceding sub-section shall ~o:. 1947. be subject to the approval of the Minister. PAGENO="0069" AIR LAWS AND TREATIES OF THE WORLD 59 (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 claim for compensation under 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 iwrson ; and (~-1) the claimant's a~1dress 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 wa.s 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.-(l.) Where a claim for compensation is made in pursuance Dete~ination of the last preceding section, the Commi~ioa shall, as soon as practicable, serve on the claimant either by post at the address givell in the claim or personally, a notice stating- (c' the amount of compensation which it considers reason- able; or that. in its opinion, the claimant is not entitled to any compensation. as the case may be. (2.) Where a notice in pursuance of paragraph (a) of the last preceding sub-section is served on the claimant, it shall be 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 oi 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="0070" 60 AIR LAWS AND TREATIES OF THE WORLD 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. Assessmentby 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 l)e1~onally, 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="0071" AIR LAWS AND TE I:ATIE~ OF THE WORLD 61 (3.) Upon receipt ot' th~ 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 (lay 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 deterniiued. (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 ir~ accordance with the powers, practice and procedure of the Court in civil actions or suits. 56. In determining the compensation (if any) payable under Limitation of compensation. this Part in respect of loss or damage suffered by reason of the Amend~ by application of section forty-six of this Act to any airline licence, ~ ~O, 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 centurn 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 righte of action barred. pensation determined by agreement or in pursuance of this Part, shall be maintained against the Commonwealth or the Gommission or any other person in respect of any acquisition of property under Part III. or the application of section forty-six of this Act to any airline licence. PAGENO="0072" 62 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 lnterprctation Act 1901-1941 shall apply to rules made under this section in like manner as it applies to regulations. PART VI.-PENALTIES AND PROCEDURE. Ilecovery ~ 60. 11 on demand any person fails to pay the fares or charges (lw to the Commi~ion 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 rende.r 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 I~~O'° 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 en 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 despatch 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 cotirt for the summary punishment of offences under the law of the PAGENO="0073" AIR LAWS AND TREATIES OF THE WORLD 63 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 LimitAUonof I or or arising out of anything done or purporting to have been ~Ion~ aga ilone under this Act, shall be commenced within six months after Commthslon. I he act complained of was committed. 64.-(1.) No action against the Commission or any person for Notl~o1 or arising out of anything done, or purporting to have been done, ~ by it. under this Act- (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 delivered 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 agent: 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 Corn- mission or person is not or would not, if a notice were then given and the hearing 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 reasonable 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.-MIscELr~NEous. 65.-(1.) Upon the occurrence of any accident in connexion Medical with the operation of any air service, the Commission may require a~r~I any person, who, in the opinion of the Commi~ion, may have been ~ PAGENO="0074" 64 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, unle~ 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 Corn. 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 refthsal or failure to undergo examination was reasonable in the circumstances; or (b) the Commission is not prejudiced in its defence by th' refusal or failure of the person to -undergo examina- tion. Limit ot 66. Subject to the Carriage by Air Act 1935, in any action ~~e~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 Common wealth. Employees' Compensation Art CommonweaUh 1930-1944 shall apply to employees of the Commission as if they were employees within the meaning of that Act. Ad 3930-1944 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. By-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="0075" AIR LAWS AND TREATIES OF THE WORLD 65 (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- B.egutauoi~. sistent with this Act, presaribing all matters which by this Act are required or permitted to he 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="0076" PAGENO="0077" 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.J 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 s~~it1. 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 Commence- 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- Exteitsion to wealth. Territories. Act No. 50. 1Q20. a~ amended by No93. 1936; No,. 6 andS9. 1947; and No.S0. 1950. 67 PAGENO="0078" 68 AIR LAWS AND TREATIES OF THE WORLD Act to bind "2A. This Act binds the Crown in right of the Commonwealth or of any State. rpret&tiolt. "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 country, other than Australia, that is a party to the Chicago 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 flight', in relation to an aircraft that possesses the nationality of a Contracting State, means a flight by that aircraft over or into Australian territor~' otherwise than under the authority of an international airline licence issued by the Director-General in pur- suance 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- ~ (a) 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 Convention' means the Convention on International Civil Aviation concluded at Chicago on the seventh day of December, One thousand nine hundred and forty-four; `the Director-General' means the Director-General of Civil Aviation and includes any person acting as Director- General; PAGENO="0079" AIR LAWS AND TREATIES OF THE WORLD 69 `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 ,~ ~ at the end thereof the following sub-section:- Of Convendon, "(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 repeated and the following sections are inserted in its stead:- "4. For the purposes of this Act, the texts of the Chicago T~ Of Convention, the Air Transit Agreement and the Protocols referred ~°~I 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, c~~actin~ declare which countries are from time to time parties to the States. 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.-(1.) The International Civil Aviation Organization ~ 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="0080" 70 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. Establiahm~it "7.-(l.) The Minister may establish and conduct a service ~ to be known as the Aeronautical Information Service. IflfOffl~*tIOn "(2.) The functions of the Aeronautical Information Service are tn 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; (f) procedures and regulatory requirements connected with air navigation; and (g) hazards to air navigation. ~u~11cauon ~i "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 Airmen 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="0081" AIR LAWS AND TREATIES OF T~IE WORLD 71 "9.-(1.) The Mi~ster may, by writing under his hand, IntrnstIo~aI designate as an international airport an aerodrome 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 aero- dromes designated as international airports under the last preceding sub-section. "10. Subject to such exceptions as are prescribed- (a) an aircraft arriving in Australian territory from a place ~ outside Australian territory shall land at an aerodrome dted 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 Freedo~ o( international air service conducted by an international airline of a 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 m~ti~i Australia shall not operate a scheduled international air service ~ 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. 39-~737 O-65--vol. 1-----6 PAGENO="0082" 72 AIR LAWS AND TREATIES OF THE WORLD ~ ~ "13. The Minister may suspend or cancel an international air- ~ line licence issued to an international airline of a country other airline licericeL 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. ~~icUled " 14.-(l.) An aircraft that possesses the nationality of a ~ Contracting State may, subject to observance of the terms of nanonality of a the Chicago Convention and the provisions of this Act and the ~ 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 lie directs. PAGENO="0083" AIR LAWS AND TREATIES OF THE WORLD 73 "(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 section, 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 specffies, and the aircraft shall comply with that direction. 15.-(l.) A foreign aircraft that does not possess the ~1on.'~heduIsd nationality of a Contracting State shall not make a non-scheduled fo~gn~~ircTaft flight 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 Ajrcrafton and any other pilot of an aircraft arriving in Australian territory `I~c~°~" from a place outside Australian territory or departing from ~ifl~pIy 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 Commonwealth, 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 ~JrcTaft*on of this Act or in accordance with an international airline licence 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- Defence pnate Minister for the use by aircraft engaged in civil air navigation ~ of an aerodrome under the control of a part of the Defence Force PAGENO="0084" 74 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. C ago of "19.-(1.) Munitions of war or implements of war shall not m 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. m. Civ~ "20.-(l.) The design and colours of the Civil Air Ensign Alt ~ of Australia 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. i3ierference "21 .-(l.) Where it appears to the Minister that any ~ installation is or may be, either actively or passively, 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="0085" AIR LAWS AND TREATIES OF THE WORLD 75 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 ofl'~s. 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="0086" 76 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 r'onths, 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 ~wo 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. "23.-(l.) In any proceedings 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 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. "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. "25.-(l.) Subject to the succeeding provisions of this ofCowl& section- (a) the several courts of the States are invested with federal jurisdiction; and PAGENO="0087" AIR LAWS AND TREATIES OF THE WORLD 77 (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 committed) 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 summary 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="0088" 78 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="0089" AIR LAWS AND TREATIES OF THE WORLD 79 (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; (h) 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; (i) the formal proof and authentication of instruments made or issued under this Act or the regulations; U) 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 oi 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 Ex~-t~i,~i 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="0090" 80 AIR LAWS AXD TREATIES OF THE WORLD AP~JI In "28.-(l.) Where the regulations include requirements in of pursuance of paragraph (b) of sub-section (2.) of section twenty- ~ six of this Act, the regulations shall, subject to the Constitution, ~ also include provisions under which a person aggrieved by a ~ 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="0091" AIR LAWS AND TREATIES OF THE WORLD 81 "29. As soon as practicable after the thirtieth day of June, Annual One thousand nine hundred and sixty-one, and after each sue- 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 ment 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, Sa'~fng and No. 112, as amended from time to time and in force, or purporting ~ °~ 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 S~heclWes. the following heading and Schedules:- (NOTE: Schedules omitted) PAGENO="0092" PAGENO="0093" AIR NAVIGATION. No. 72 of 1961. An Act to amend the Air Navigation Act 1920-1960. [Assented to 27th October, 1961.] 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 Sho~tIe 1961 and citation. (2.) The Air Navigation Act 1920_1960* 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 1920-1961. 2. Section three A of the Principal Act is amended- Approval of ratification of (a) by omitting from paragraph (b) of sub-section (2.) the ~cva:r~ion &c. word "and" (last occurring); and ___________________________________________ (b) by * Act No. 50, 1920, as amended by No. 93, 1936; Nos. 6 and 89, 1947; No. 80, 1950; and No 39. 1960. 83 PAGENO="0094" 84 AIR LAWS AND TREATIES OF THE WORLD (b) by adding at the end of sub-section (2.) the following word and paragraph:- and (d) the Protocol amending Article 50(a) of the Chicago Convention, ap- proved by the Assembly of the Inter- national Civil Aviation Organization on the twenty-first day of June, One thousand nine hundred and sixty- one.". TCXt~ ~f 3. Section four of the Principal Act is amended by omitting Coflv~1tiOfl, ~ the words "and Fourth" and inserting in their stead the words ", Fourth and Fifth ". Fifth Schedule. 4. The Principal Act is amended by adding at the end thereof the following Schedule:- PAGENO="0095" AIR NAVIGATION. No. 8 of 1963. An Act to amend the Air Navigation Act 1920-1961. [Assented to 20th May, 1963.1 [Date of commencement, 17th June, 1963.1 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 s~r~,tLu. and 1963. a (2.) The Air Navigation Act 1920-1961 * 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 1920-1963. 2. Section three A of the Principal Act is amended- ~ Chicago (a) by omitting from paragraph (c) of sub-section (2.) ~ivendon. the word "and" (last occurring); and (b) by (b) by adding at the end of sub-section (2.) the following Texts of word and paragraph :- - and (e) the Protocol amending Article 48 (a) of the Chicago Convention, approved by the Assembly of the International Civil Aviation Organization on the fourteenth day of September, One thousand nine hundred and sixty- two.". 3. Section four of the Principal Act is amended by omitting the words "and Fifth" and inserting in their stead the words ", Fifth and Sixth ". 4. The Principal Act is amended by adding at the end thereof the following Schedule:- * A.ct No. 30. 1920, u amended by No. 93. 1936; Nos. 6 and 89, 1947; No. 80. 1950; No. 39, 1960; and No. 72, 1961. [Omitted] 85 PAGENO="0096" PAGENO="0097" 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 Com~nce- ment. Proclamation. 3. In this Act, unless the contrary intention appears- Dcfimtjons. "airport" means- (a) an aerodrome owned, or held under lease, by the Commonwealth and operated in pursuance of the Air Navigation Act 1920-1950 or of the regulations under that Act; or 87 ~9-737 0-6~---vo1. 1-7 PAGENO="0098" 88 AIR LAWS AXD 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 bind 4. This Act binds the Crown in right of a State. Crown. Aflhication 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. j~eases 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.-(1.) 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="0099" AIR LAWS AND TREATIES OF THE WORLD 89 (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-section (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. 8.-(l.) The Minister may, on behalf of the Commonwealth, Authorhy to by writing under his hand, grant to a person an authority to do, tT~de, &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 Exercise of 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="0100" 90 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. lnsrectioa~~ 1O.-(l.) An authority under this Act shall contain such terms P 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 paymeçit to be made by the Commonwealth for any such work or services. 11.-(l.) Subject to this section, a lease, licence or authority e33~S. C. 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="0101" AIR LAWS AND TREATIES OF THE WORLD 91 (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, Evidence 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="0102" 92 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="0103" 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 dsJs. Act 1960. 2. This Act shall come into operation on a date to be fixed ~ by Proclamation. 3.-(1.) In this Act, unless the contrary intention appears- Intsprsr.do.. "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 93 PAGENO="0104" 94 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="0105" AIR LAWS AND TREATIES OF THE WORLD 95 "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. ~ Act to Territorl.. 5.-(l.) This Act binds the Crown in right of the Common- Act ~ wealth or of any State. Crowm. (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 Parking. ~.. of signs or notices prominently displayed, with or without reference ~ 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) t~ 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="0106" 96 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 detennination 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. 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 ca~ise each authorized person to be provided with an appropriate means of identifying himself as an authorized person. 8.-(l.) 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="0107" AIR LAWS AND TREATIES OF THE WORLD 97 (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 Removal of in relation to a vehicle, an authorized person may direct the ~ 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="0108" 98 AIR LAWS AND TREATIES OF THE WORLD 10. In the prosecution against a person for parking a vehicle tandrng 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). U~Uty o 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="0109" AIR LAWS AND TREATIES OF THE WORLD 99 (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 stat utory declaration, duly made and furnished. 12.-(l.) For the purposes of this Act, a document issued Ev~denceo~ reg~3traUOfl 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 he 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 Panting 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="0110" 100 AlE LA\\S 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="0111" AIR LAW~A AXD TREATIES OF THE WORLD 101 (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 ~ 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 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 Autho~ directions to a person apparently in control of a vehicle or an animal upon a road within an airport, or to any other person directions. 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 s~2on. 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 Evidence the Director-General to issue certificates under this section may, by writing under his hand, certify that, on a specified date, an PAGENO="0112" 102 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,.~n 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, 4 force. (3.) In all courts a document purporting to be a certificate issued under this section- (a) shall, unless 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. Appfl~tiOn of 18. This Act shall not be construed as intended to exclude the ~ 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. Angemcnt3 19. The Governor-General may, for the purposes of this Act, with the Stat~. 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. Iciegation. 20.-(l.) 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="0113" AIR LAWS AND TREATIES OF THE WORLD 103 (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- ~ r~ott. 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 (ii) fines imposed for offences against this Act and penalties paid in respect of parking infringements. 22.-(l.) 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, 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) rules to be observed by persons driving or in charge of vehicles or animals and by pedestrians; (b) the maximum speeds for vehicles; (c) 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; (f) 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. ~9-7~I7 0-65--vol. 1-~-8 PAGENO="0114" PAGENO="0115" 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 :- PART 1.-PRELIMINARY. 1. This Act may be cited as the Civil Aviation (Carriers' Short title. Liability) Act 1959. 2.-(l.) 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:- Parts. Part 1.-Preliminary (Sections 1-9). Part 11.-Carriage to which the Warsaw Convention and the Hague Protocol apply (Sections 10-19). 105 PAGENO="0116" 106 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). R~l ai~d 4.-(l.) The Carriage by Air Act 1935 is repealed. laying. (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 t~ 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. Tcxtaof 9.-(l.) Subject to sub-section (3.) of this section, the text Conventions, 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="0117" AIR LAWS AND TREATIES OF THE WORLD 107 (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 CONv~i'rnON 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 this Part, the force of law in Australia in relation to any carriage ~ ~ of 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 u~~mt' liability imposed by the Convention on a carrier in respect 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 PAGENO="0118" 108 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 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 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 the operation of that sentence in cases to which it applies. Li*biity ~, 13. Subject to the next succeeding section, the liability of a reipect 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="0119" AIR LAWS AND TREATIES OF THE WORLD 109 14. Nothing in the Convention or in this Part shall be deemed certain to exclude any liability of a carrier- ~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 i~ 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 g~ .;~. to Article 21 of the Warsaw Coi~utor~ Convention in accordance with the provisions of this section. `~"~ (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="0120" 110 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. AcUons 17.-(l.) A Party to the Convention which has not availed ~ itself of the provisions of the Additional Protocol to the Warsaw ~ 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. Evidencoot 18.-(l.) The Minister may, by notice published in the c~tain 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="0121" AIR LAWS AND TREATIES OF THE WORLD J11 (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 ~ not to be a matter arising directly under a treaty. PART 111.-CARRIAGE TO WHICH THE WARSAW CONVENTION WITHOUT THE HAGUE PROTOCOL APPLIES. 20.-(l.) In this Part, "the Convention" means the Warsaw i~t~rp~tatlon. 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 irovjsion~ of this Part, the force of law in Australia in relation to any carriage `T~'~° 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.-(l.) The Minister may, by notice published in the Gazette, E~'id~ of from time to time declare- CC~t8Wt maitcfl. (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="0122" 112 AIR LAWS AYD TREATIES OF THE WORLD Conversion of 23. Any sum in francs mentioned in Article 22 of the Con- 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) ~, of this Act, except sub-section (11.) of section twelve, apply for of Part 11. the purposes of this Part as if contained in this Part. Duration of 25.-{l.) 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 IV.-OliffR CARRIAGE TO WHICH THIS ACT APPLIES. 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="0123" AIR LAWS AND TREATIES OF THE WORLD 113 (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 ° Part. 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="0124" 114 AIR LAWS AND TREATIES OF THE WORLD LiabiIit~ of the 28. Subject to this Part, where this Part applies to the T~O~ 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. L~b~Ht7uf 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- ba~ge. 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="0125" AIR LAWS AND TREATIES OF THE WORLD 115 (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, ~ ~ by the person entitled to delivery is evidence that the baggage bauago. 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.-(l.) Subject to the regulations relating to passenger Urnitationof 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="0126" 116 AlE 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. Co~actin~ 32.-(l.) Any provision of an agreement tending to relieve 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. S&vanta and 33.-(l.) If an action in respect of any damage is brought 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. umitatlon 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. Usbuity 35.-(l.) The provisions of this section apply in relation to ~r~ipcct 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="0127" AIR LAWS AND TREATIES OF THE WORLD 117 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="0128" 118 AIR LAWS AND TREATIES OF THE WORLD Liability In 36. Subject to the next succeeding section, the liability of a ~ 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 liabilities not excluded, 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. Proceeds 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="0129" AIR LAWS AXD TRF:ATIES OF THE WORLD 119 (3.) 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 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 ~~C~I? 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 AppIi~uon 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 Xl. 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. -~73~T 0-6.5-vol. 1-9 PAGENO="0130" 120 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. 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. PAGENO="0131" CIVIL AVIATION (CARRIERS' LIABILITY) ACT 1959~1962.* An Act relating to Carriage by Air. 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 Civil A viation (Carriers' Short title. Liability) Act 1959~1962.* Sho~l. No. 32. 191$, 2.-(1.) Parts 1., 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 "3. and the Hague Protocol apply (Sections 10-19). * The Civil .4viatlo,, (Carriers Liability) Act 1959 as amended. o~J~s_she following table:- ` Liability) Act 1959-1962 comprises the Civil Aviation (Carriers' Particulars of the Principal Act and of the amending Act are set ~ Act. Date of Assent. Date of Commencement. Civil Aviation (Carriers' Liability) Act 1959 .. .. CivilAviation (Carriers' Liability) Act 1962 .. .. No. 2. 1959 21st April, 1959 .. See NOTE I be/ow No. 38, 1962 28th May, 1962 .. See Nosy 2 below Nora 1.-Parts I., Ill, and V. of the Civil Aviation (Carriers' Liability) Act 1959 commenced on 21st April, 1959. the date of the Royal Assent to that Act. Part 11. of the Civil Aviation (Carriers' Liability) Act 1959 was proclaimed to commence on 1st Nosrmber, 1963 (see Commonwealth Gazette, 1963, p. 3776). Part lilA. of the Civil Aviation (Carriers' Liability) Act 1959-1962, inserted by section 7 of the Civil Aviation (Carriers' Liability) Act 1962, came into operation on 1st May, 1964, the date on which that section was proclairved to commence (see NOTE 2 below). Part IV. of the Civil Aviation (Carrers' Liability) Act 1959 was proclaimed to commence on Itt July, 1959 (see Commoniralth &azelte. 1959, p. 1831). Nova 2.-Section 2 of the Civil Aviation (Carriers' Liability) Act 1962 reads as follows:- `2.-.--(l.) Sections one, two, six and nine of this Act shall come into operation on the day on which this Act receives the Royal Assent and the other sections of this Act shall come into operation on a date to be fixed by Proclamation. (2.) The sub-section added to section sixteen of the Principal Act by section six of this Act shall come into operation on the day on which Part 11. of the Principal Act comes into operation, but the sub-section so added shall, for the purposes of section twenty-four of the Principal Act as amended by this Act, be taken to be included in the provisions of section sixteen of the Principal Act is so amended as from the commencement of seclion six of this Act.". Sections 1, 2, 6 and 9 of the Civil Aviation (Carriers' Liability) Act 1962 commenced on 28th May 1962, the date of the Royal Assent to that Act. Sections 3, 4, 5, 7, 8 and 10 were proclaImed to commence on 1st May, 1964 (see Consmonwea/vl, (,ezette, 1964, p. 1569). 121 PAGENO="0132" 122 AIR LAWS AND TREATIES OF THE WORLD Part 111.-Carriage to which the Warsaw Convention without the Hague Protocol applies (Sections 20-25). Part IIIA.-Carriage to which the Guadalajara Con- vention applies (Sections 25A-25c). Part IV.-Other Carriage to which this Act applies (Sections 26-41). Part V.-Miscellaneous (Sections 42-43). Re~.tI ~nJ 4.-( 1.) The Carriage by Air Act 1935 is repealed. (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. Dcfinitons. 5. Tn this Act, unless the contrary intention appears- Amcmded by . No. 38,1962, Australia' includes the Territories of the Common- £. 4. wealth; "the Guadalajara Convention" means the Convention, Supplementary to the Warsaw Convention, for the Unification of Certain Rules Relating to Inter- national Carriage by Air Performed by a Person Other than the Contracting Carrier opened for signature at Guadalajara on the eighteenth day of September, One thousand nine hundred and sixty-one; "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 Inter- national 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 Conven- tion with reference to Article 2 of that Convention. F.~cnsion ~ 6. This Act extends to every Territory of the Commonwealth. Tcn Ior.cs. 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 D Hague Protocol. ague ~ roLoco PAGENO="0133" AIR LAWS AND TREATIES OF THE WORLD 123 9.-( I.) Subject to sub-section (3.) of this section, the text Text. of of the Warsaw Convention shall, for the purposes of this Act, be Conventions. 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 this section, the text of the Hague Protocol Amen~by No. 38. 1962, shall, for the purposes of this Act, be deemed to be the text s.s. set out in the Second Schedule to this Act, being a copy of the authentic text in the English language of that Protocol. (2A.) Subject to this section, the text of the Guadalajara ~ by Convention shall, for the purposes of this Act, be deemed to be ~38. i962. the text set out in the Third Schedule to this Act, being a copy of the authentic text in the English language of that Convention. (3.) If any inconsistency is shown between the text set out Sutht~~ in the First, Second or Third Schedule to this Act and the ~ 1962, authentic text in the French language of the Warsaw Conven- tion, the Hague Protocol or the Guadalajara Convention, as the case may be, the authentic French text prevails. (4.) A certificate in writing under the hand of the Minister A~~by of State for External Affairs that a document to which the ~ 1962, certificate is annexed is a true copy of the authentic text in the French language of the Warsaw Convention, the Hague Protocol or the Guadalajara Convention is evidence that the document is such a true copy. PART II.-CARRIAGE TO WHICH THE WARSAW CONVENTION AND THE HAGUE PROTOCOL APPLY. 10. In this Part, "the Convention" means the Warsaw De~iti~. Convention and tile Hague Protocol read and interpreted together as one single instrument in accordance with Article XIX. of the Hague Protocol. 11.-.---(1.) The provisions of the Convention have, subject Conventlonto to this Part, the force of law in Australia in relation to any ~`: f~rce of carriage 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.-( 1.) The provisions of this section apply in relation liability ,~o liability imposed by the Convention on a carrier in respect of ~~peCt of the death of a passenger (including the injury that resulted in the death). PAGENO="0134" 124 AIR LAWS AND TREATIES OF THE WORLD (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 of the passenger's family, an illegitimate person or an ad9pted 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 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 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 personi,, entitled in such proportions as the court (or, where the action is tried with a jury, the jury) directs. PAGENO="0135" AIR LAWS AND TREATIES OF THE WORLD 125 (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 camer and of any proceedings which have been, or are likely to be, con.rnenced 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 the operation of that sentence in cases to which it applies. 13. Subject to the next succeeding section, the liability of a UabWty In carrier under the Convention in respect of personal injury ~ of 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. 14. Nothing in the Convention or in this Part shall be Certain 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 workmen or employees in respect of accidents arising out of or in the course of their employ- ment; 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 ~ceed~, Convention there shall not be taken into account by way of policies. &c. 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; PAGENO="0136" 126 AIR LAWS AND TREATIES OF THE WORLD (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. Coiiuitutory 16.-( 1.) Effect shall be given to Article 21 of the Warsaw `~°°°` Convention in accordance with the provisions of this section. (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. (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. (6.)~ Where any case to which sub-section (2.) of this No~~38. 1962, section applies is tried with a jury, the jury shall determine the damages referred to in sub-section (3.) of this section and the amount of the reduction under sub-section (4.) of this section. Action. 17.-(l.) A Party to the Convention which has not availed ~`°°` itself of the provisions of the Additional Protocol to the Warsaw ~ 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 * See No~r. 2 on page 1 as to the coming Into opcrauon of this eub.scction. PAGENO="0137" AIR LAWS AND TREATIES OF THE WORLD 127 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 agamst the property of a Party to the Convention. 18.-(1.) The Minister may, by notice published in the 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. (2.) A notice in force under this section is evidence of the matters declared. 19. 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. `The only notice under sub-section (1.) of section 18 published before 3rd July, 1964, appears in Commonwealth Gazette, 1964, at p. 2607. PAGENO="0138" 128 AIR LAWS AND TREATIES OF THE WORLD PART 111.-CARRIAGE TO WHICH THE WARSAW CONVENTION WITHOUT THE HAGUE PROTOCOL APPLIES. InterPrstedO. 20.-( 1.) In this Part, "the Convention" means the Warsaw 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. ~svIaIo~iso~~ 21.-( 1.) The provisions of the Convention have, subject ~vs force of to this Part, the force of law in Australia in relation to any carriage 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. c*o( 22.-( 1.) The Minister may, by notice published in the Gazette, * from time to time declare- (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 himself 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.) t 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. The only notice under sub-section (I.) of sectIon 22 published before 3rd July. 1964, appears In Commonwealth Gazette, 1962, at p. 2574. and was still In force on that date. t The only notice under sub-section (3.) of sectIon 3 of the Care/aRe by Air Act 1935 In force Immediately before the date of commencement of Part III. (i.e. 21st April, 1959) appears in Ccimmo*. wealth Gazette. 1953, at p. 889 and is reprinted In Commonwealth Statutory Rules, l9S3~ p. 614. That notice was superseded by the notice referred to in footnote * above. PAGENO="0139" AIR LAWS AND TREATIES OF THE WORLD 129 23. Any sum in francs mentioned in Article 22 of the Con- ConversIon .1 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. 24. The provisions of sections twelve to seventeen ~~OC of (inclusive) of this Act, except sub-section (11.) of section twelve, apply for the purposes of this Part as if contained in ° ~ this Part. 25.-(1.) This Part shall continue in force until a date to nuratlocof be fixed by Proclamation,8 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 IIIA.-CARRIAGE TO WHICH THE GUADALAJARA Part lilA. inserted by CONVENTION APPLIES. No. 38, 1962, 5.7. 25A. The provisions of the Guadalajara Convention have Provisionn of Convention to subject to Parts H. and III. of this Act as affected by the next have force of succeeding section, the force of law in Australia in relation to ~ by any carriage by air to which that Convention applies. 25B. In relation to carriage to which the Guadalajara ModificatIon Convention applies, references in Part II. (other than section ~ u eleven) and in Part III. (other than section twenty-one) to "the ~ Conventk~n" shall be read as including references to the provi- s. 7. sions of the Guadalajara Convention as having the force of law by virtue of this Part. 25c.-( 1.) The Minister may, by notice in the Gazette,t Evid~ce of from time to time publish information as to the coming into ~ operation of the Guadalajara Convention or as to the States that ~o,38. 1962, have or have not taken any action referred to in Article XI, XII, XIV, XV or XVI of that Convention and as to the particulars of any action so taken. (2.) A notice in force under this section is evidence of the matters specified in the notice. * No Proclamation was published in the Commonwealth Gazette before 3rd July. 1964. f The only notice under sub-section (I.) of section 25c published before 3rd July. 1964, app~n In ~omrnonweoJth Geratte, 1964, at p. 1569, and was still In force on that date. PAGENO="0140" 130 AIR LAWS AND TREATIES OF THE WORLD PART IV.-OTHER CARRIAGE TO WHICH THIS ACT APPLIES. D~JOD*. 26.-( 1.) 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 opera- tions 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. (2.) For the purposes of this Part, where, by reason of a contract or 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. Application 27.-( 1.) This Part applies to the carriage of a passenger (1.) where the passenger is or is to be carried in an aircraft being ?`lo.3819~2 operated by the holder of an airline licence in the course of a 8. commercial transport operations, or in an aircraft being operated in ~ie course of trade and commerce between Australia and PAGENO="0141" AIR LAWS AND TREATIES OF THE WORLD 131 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 Common- wealth 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, the Hague Protocol or the Guadalajara Convention 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 succes- sive 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 contract, 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. 28. Subject to this Part, where this Part applies to the LiabiIit)~ of the carriage of a passenger, the carrier is liable for damage sustained ~ by reason of the death of the passenger or any personal injury PAGENO="0142" 132 AIR LAWS AND TREATIES OF THE WORLD 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. UabIUtyo(th 29.-( 1.) Where this Part applies to the carriage of a of passenger, the carrier is liable under this Part, and not other- 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 (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. PAGENO="0143" AIR LAWS AND TREATIES OF THE WORLD 133 30.-( 1.) For the purposes of an action under this Part, Con~p1&int evidence proving receipt of registered baggage, without corn- plaint, by the person entitled to delivery is evidence that the baua... 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 circumstances. (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.-( I.) Subject to the regulations relating to passenger Umitat1o~ cC tickets, the liability of the carrier under this Part in respect of ~ 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 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. PAGENO="0144" 134 AIR LAWS AND TREATIES OF THE WORLD (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. Coitractln1 32.-( 1.) Any provision of an agreement tending to relieve 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 pro- visions governing loss or damage resulting from the inherent defect, quality or vice of goods carried. Serv~nta1and 33.-( 1.) If an action in respect of any damage is brought carrier, 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 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.-( 1.) The provisions of this section apply in relation to ~~Pcctof 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 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. PAGENO="0145" AIR LAWS AND TREATIES OF THE WORLD 135 (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. 3~-7~7 O-~5-----vo1. 1---1O PAGENO="0146" 136 AIR LAWS AND TREATIES OF THE WORLD 36. Subject to the next succeeding section, the liability of a Injiuy. 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. 37. Nothing in this Part shall be deemed to exclude any not ezclud.d. 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 workmen or employees in respect of accidents arising out of or in the course of their employ- ment; 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. P~c~eds 38. In assessing damages in respect of liability under this policlc*. b.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. Ccetrt~uto.y 39.-(1.) If, in an action against a carrier under this Part, ~ 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. PAGENO="0147" AIR LAWS AND TREATIES OF THE WORLD 137 (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. (3.) 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 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. (5.) Where any case to which sub-section (1.) of this A~â.d b~ section applies is tried with a jury, the jury shall determine the ~V~' 19~2, damages referred to in sub-section (2.) of this section and the amount of the reduction under sub-section (3.) of this section. 40.* The regulations may make provision relating to I.gu1aUo~s passenger tickets and baggage checks in respect of passengers or baggage in relation to whom or which this Part applies, being ~sc1a. 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 regulations 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 Ap;H~JO. exceptions, adaptations and modifications as are prescribed, ~ 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. No regul*Uooi b*d been made betore 3rd July, 1964. PAGENO="0148" 138 AIR LAWS AND TREATIES OF THE WORLD PART V.-MISCELLANEOUS. stowaways, 42.-( I.) Where a person travels in an aircraft without the 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. (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. Regulatloni. 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. [Omitted] PAGENO="0149" OIVIL AVIATION (CARRIERS' LIABILITY). No. 38 of 1962. An Act to amend the Civil Aviation (Carriers' Liability) Act 1959. [Assented to 28th May, 1962.] 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 Civil Aviation (Carriers' s,~ ~. Liability) Act 1962. (2.) The Civil Aviation (Carriers' Liability) Act 1959* is in this Act referred to as the Principal Act. (3.) The Principal Act, as amended by this Act, may be cited as the Civil Aviation (Carriers' Liability) Act 1959-1962. 2.-(l.) Sections one, two, six and nine of this Act shall come Co~-.. into operation on the day on which this Act receives the Royal ~ Assent and the other sections of this Act shall come into operation on a date to be fixed by Proclamation. (2.) The sub-section added to section sixteen of the Principal Act by section six of this Act shall come into operation on the day on which Part II. of the Principal Act comes into operation, but the sub-section so added shall, for the purposes of section twenty-four of the Principal Act as amended by this Act, be taken to be included in the provisions of section sixteen of the Principal Act as so amended as from the commencement of section six of this Act. 3. Section * Act No. 2, 1959. 139 PAGENO="0150" 140 AIR LAWS AND TREATIES OF THE WORLD Pans. 3. Section three of the Principal Act is amended by omitting the words- "Part IV.-Other Carriage to which this Act applies (Sections 26-41)." and inserting in their stead the words- "Part HIA.-Carriage to which the Guadalajara Convention applies (Sections 25A-25c). Part IV.-Other Carriage to which this Act applies (Sections 26-41).". 4. Section five of the Principal Act is amended by inserting after the definition of "Australia" the following definition:- "`the Guadalajara Convention' means the Convention, Supplementary to the Warsaw Convention, for the Unification of Certain Rules Relating to International Carriage by Air Performed by a Person Other than the Contracting Carrier opened for signature at Guadalajara on the eighteenth day of September, One thousand nine hundred and sixty-one;". Texts of 5. Section nine of the Principal Act is amended- Conventions. (a) by omitting from sub-section (2.) the words "the next succeeding sub-section" and inserting in their stead the words "this section "; (b) by omitting sub-section (3.) and inserting in its stead the following sub-sections:- "(2A.) Subject to this section, the text of the Guadalajara Convention shall, for the purposes of this Act, be deemed to be the text set out in the Third Schedule to this Act, being a copy of the authentic text in the English language of that Con- vention. "(3.) If any inconsistency is shown between the text set out in the First, Second or Third Schedule to this Act and the authentic text in the French language of the Warsaw Convention, the Hague Protocol or the Guadalajara Convention, as the case may be, the authentic French text prevails."; and (c) by omitting from sub-section (4.) the words "or of the Hague Protocol" and inserting in their stead the words ", the Hague Protocol or the Guadalajara Convention ". 6. Section PAGENO="0151" AIR LAWS AND TREATIES OF THE WORLD 141 6. Section sixteen of the Principal Act is amended by adding Contributory at the end thereof the following sub-section:- "(6.) Where any case to which sub-section (2.) of this section applies is tried with a jury, the jury shall determine the damages referred to in sub-section (3.) of this section and the amount of the reduction under sub-section (4.) of this section.". 7. After Part UI. ~f the Principal Act the following Part is inserted:- "P~T lilA-CARRIAGE TO wmc~ ThE GUADALAJARA CON- VENTION APPLIES. "25A. The provisions of the Guadalajara Convention have, Provtaion~ of subject to Parts II. and III. of this Act as affected by the next ~ succeeding section, the force of law in Australia in relation to ~ any carriage by air to which that Convention applies. "25B. In relation to carriage to which the Guadalajara M~~on Convention applies, references in Part II. (other than section *1' "~ eleven) and in Part III. (other than section twenty-one) to `the Convention' shall be read as including references to the provi- sions of the Guadalajara Convention as having the force of law by virtue of this Part. "25c.-(l.) The Minister may, by notice in the Gazette, E~ld~ ~ from time to time publish information as to the coming into C~fl&ifl inatt~s. operation of the Guadalajara Convention or as to the States that have or have not taken any action referred to in Article XI, XII, XIV, XV or XVI of that Convention and as to the particulars of any action so taken. "(2.) A notice in force under this section is evidence of the matters specified in the notice.". 8. Section twenty-seven of the Principal Act is amended by ApPlication omitting from sub-section (1.) all the words after paragraph (ci) ° ~ and inserting in their stead the words- "not being carriage to which the Warsaw Convention, the Hague Protocol or the Guadalajara Convention applies ". 9. Section thirty-nine of the Principal Act is amended by ctri~toty adding at the end thereof the following sub-section:- ~` (5.) ~ere any case to which sub-section (1.) of this section applies is tried with a jury, the jury shall determine the damages referred to in sub-section (2.) of this section and the amount of the reduction under sub-section (3.) of this section.". 10. The Principal Act is amended by adding at the end thereof ~ the following Schedule :- [Omitted] PAGENO="0152" PAGENO="0153" CRIMES (AIRCRAFT). No, 64 of 1963. An Act to make provision with respect to Crimes committed on board certain Aircraft, and for other purposes. [Assented to 28th October, 1963.] [Date of commencement, 25th November, 1963.] 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 Crimes (Aircraft) Act 1963. SliortUils. 2. This Act is divided into Parts, as follows:- p1~. Part I.-Preliminary (Sections 1-5). Part 11.-Crimes on board Aircraft engaged in certain Flights (Sections 6-9). Part 111.-Crimes affecting Aircraft (Sections 10-20). Part IV.-Miscellaneous (Sections 21-29). 3.-(1.) In this Act, unless the contrary intention appears- (~t~i~r~o. "aircraft" includes any machine that can derive support in the atmosphere from the reactions of the air; "Australia " includes the Territories; "Australian aircraft" means- (a) an aircraft registered or required to be registered in accordance with the Air Navigation Regu- lations as an Australian -aircraft; (b) a Commonwealth aircraft; or (c) a defence aircraft; "Commonwealth 143 PAGENO="0154" 144 AIR LAWS AND TREATIES OF THE WORLD "Commonwealth aircraft" means an aircraft, other than a defence aircraft, that is in the possession or control of the Commonwealth or an authority of the Common- wealth; "court of summary jurisdiction" includes a court of a Territory having jurisdiction in respect of the summary punishment of any offences under the law of the Territory; "defence aircraft" means an aircraft of any part of the Defence Force and includes any aircraft that is being commanded or piloted by a member of that Force in the course of his duties as such a member; "foreign aircraft" means an aircraft that is not an Aus- tralian aircraft, including such an aircraft belonging to or operated by the Government of a country (including a part of the Queen's dominions) outside Australia; "landing" includes alighting on water; "member of the crew ", in relation to an aircraft, means a person having duties or functions on board the air- craft; "part of Australia" means a State or a Territory; "Territory" means a Territory of the Commonwealth; "the Air Navigation Regulations" means the regulations known as the Air Navigation Regulations as in force for the time being under the Air Navigation Act 1920-1963, and includes any of those regulations as in force by virtue of a law of a State. (2.) For the purposes of this Act- (a) a flight of an aircraft shall be taken to commence- (i) at the time of the closing of the last external door of the aircraft to be closed before the aircraft first moves for the purpose of taking off from any place; or (ii) if the last preceding sub-paragraph is not applicable-at the time at which the air- craft first moves for the purpose of taking off from any place; and (b) a ifight of an aircraft shall be taken to end- (i) at the time of the opening of the first external door of the aircraft to be opened after the aircraft comes to rest after its next landing after the commencement of the ifight; or (ii) if the last preceding sub-paragraph is not applicable-at the time at which the air- craft comes to rest after its next landing after the commencement of the flight, or, PAGENO="0155" AIR LAWS AND TREATIES OF THE WORLD 145 or, if the aircraft is destroyed, or the flight is aban- xloned, before either sub-paragraph (i) or sub-para- graph (ii) of this paragraph becomes applicable, at the time at which the aircraft is destroyed or the ifight is abandoned, as the case may be. (3.) For the purposes of this Act, a flight of an aircraft shall be taken to be a ifight between two geographical areas where the flight commences in either of those areas and ends, or is, at the commencement of the flight, intended to end, in the other of those areas. (4.) Subject to the last preceding sub-section, a ifight of an aircraft shall, for the purposes of this Act, be taken to be a flight within a single Territory where the flight commences in that Territory and ends, or is, at the commencement of the flight, intended to end, in that Territory, whether or not the aircraft may or will, in the course of the flight, go outside the Territory or outside Australia. (5.) A reference in this Act to Australia or a part of Australia shall be read as including a reference to the territorial waters of Australia or of that part of Australia, as the case may be. 4. This Act extends to every Territory. Extewion of Act to Territories. 5. This Act extends- S -t.rrjtorlal operstios of (a) to acts, omissions, matters and things outside Australia, Act. whether or not in or over a foreign country; and to all persons, irreapective of their nationality or citizen- ship. - PART iI.-CRn~s ON BOARD AIRCRAFT ENGAGED IN CERTAIN FLIGHTS. ~-(l.) This Part applies to any aircraft (including a forei~gn ~p~~tion aircraft) that- (a) is engaged in a flight between two States in the course of trade and commerce with other countries or among the States; (b) is engaged in a flight within a Territory, between two Territories or between a State and a Territory; (c) is outside Australia while engaged in a ifight that commenced in Australia; or (d) is engaged in a flight between a part of Australia and a country or place outside Australia. (2.) This PAGENO="0156" 146 AIR LAWS AND TREATIES OF THE WORLD (2.) This Part also applies to- (a) an Australian aircraft that is engaged in a flight wholly out of Australia; and (b) a Commonwealth aircraft or a defence aircraft that is engaged in any flight, including a flight wholly out of Australia. 7.-(l.) A person who, while on board an aircraft to which `~~` this Part applies, does or omits to do an act or thing the doing Pan applies, or omission of which, if it took place in, or if it took place in a public place in, the Australian Capital Territory, would be an offence against- (a) a law of the Commonwealth in force in that Territory; (b) the Crimes Act, 1900 of the State of New South Wales, in its application to that Territory, as amended or affected by Ordinances from time to time in force in that Territory; or (c) the Police Offences Ordinance 1930-1961 of that Territory, as amended from time to time, is guilty of an offence against this Part and is punishable by the same penalty as that by which he would have been punis~hab1e if he had been guilty of the first-mentioned offence. (2.) This section extends to an act or omission that may have taken place in the Australian Capital Territory and a person may be convicted of an offence against this Part notwithstanding that the evidence shows that the act or omission constituting the offence took place in the Australian Capital Territory. wl~icli o~euccs 8. The question whether an offence against this Part is to be, wd~ctabIs. or may be, prosecuted or dealt with on indictment or summarily shall be determined in accordance with the law that would be applicable in relation to a prosecution under the laws in force in the Australian Capital Territory if the act or omission alleged to constitute the offence had occurred in the Australian Capital Territory. 9. Where a person is charged with an offence against this Part before a court other than a court in the Australian Capital Territory, he may be found guilty of any other offence against this Part of which he could have been found guilty if the act or omission alleged to constitute the first-mentioned offence had taken place in the Australian Capital Territory and he had been charged with that offence before a court in the Australian Capital Territory. P4ui III. PAGENO="0157" AIR LAWS AND TREATIES OF THE WORLD 147 PART 111.-CRIMES AFFECTING Amciwrr. 1O.-(1.) This Part applies to- (a) an Australian aircraft (other than a Commonwealth aircraft or a defence aircraft) that is used principally for the purpose of prescribed flights, or is engaged, or is intended or likely to be engaged, in a prescribed flight; (b) a Commonwealth aircraft; (c) a defence aircraft; and (d) a foreign aircraft that is in Australia, or is outside Aus- tralia while engaged in a flight that commenced in Australia or was, at its commencement, intended to end in Australia. (2.) In this section, "prescribed ifight" means a flight- (a) between two States, in the course of trade and commerce with other countries or among the States; (b) within a Territory, between two Territories or between a State and a Territory; (c) between a part of Australia and a country or place outside Australia; or (d) wholly outside Australia. 11.-(l.) A person shall not, without lawful excuse, take or ~aking~itroI exercise control, whether direct or through another person, of an aircraft to which this Part applies. Penalty: Imprisonment for seven years. (2.) A person shall not, without lawful excuse, take or exercise control, whether direct or through another person, of an aircraft to which this Part applies while another person, not being an accomplice of the first-mentioned person, is on board the aircraft. Penalty: Imprisonment for fourteen years. (3.) A person shall not, without lawful excuse, by force or violence or threat of force or violence, or by any trick or false pretence, take or exercise control, whether direct or through another person, of an aircraft to which this Part applies while another person, not being an accomplice of the first-mentioned person, is on board the aircraft. Penalty, for any contravention ofthis sub-section: Imprisonment for twenty years. 12. A person shall not wilfully destroy an aircraft to which o~tructIon this Part applies. Penalty: Imprisonment for fourteen years. 13. A person who destroys an aircraft to which this Part applies with intent to cause the death of a person or with reckless tuteot to ~. indifference to the safety of the life of a person is guilty of an indictable offence punishable by death. 14. A person PAGENO="0158" 148 AIR LAWS AND TREATIES OF THE WORLD 14. A person thal1~ not do an act orthing capable of prejudicing ~ the safe operation of an aircraft to which this Part applies with intent to prejudice the safe operation of that. aircraft. Penalty: Imprisonment for fourteen yearsb ..~ 15. A person who does an act or thing capable of prejudicin'~ ~ the safe operation of an aircraft to which this Part applies- ~II~ ~ (a) with intent to prejudice the safe operation of that aircraft; and (b) with intent to. cause the death of a person or with reckless indifference to. the safety of the life of a- person, is guilty of an indictable offence punishable. by~ death. 16. A person shall not, while on board an aircraft to which ~ this Part applies, assault, intimidate or threaten with violence a member of the crew of the aircraft so as. to interfere with the performance. by the member of his functions or duties connected with the operation of the aircraft or so as to lessen his ability to perform those functions or duties. Penalty: Imprisonment for fourteen years. 17. A person shall not, while on board an aircraft to which ~ this Part applies, do any act or thing that, to his knowledge, is likely to endanger the safety of the aircraft. Penalty: Imprisonment for seven years. T&kh~ . 18.-(l.) Subject to this section, a person shall not- (a) carry or place dangerous goods on board. an aircraft to which this Part applies; (b) deliver dangerous goods to a person for the purpose of their being placed on board such an aircraft; or (c) have dangerous goods in his possession on board such an aircraft. Penalty: Imprisonment for seven years. (2.) This section does not apply- (a) to or in relation to an act done with the. consent of the owner or operator of the aircraft given with knowledge of the nature of the goods concerned;. (b) to or in relation to the carrying or placing of fire-arms, or ammunition for fire-arms, on board an aircraft with permission granted under the Air Navigation Regulations; (c) in the case of a Commonwealth aircraft (not being an aircraft that is being used for commercial transport operations)-to or in relation to the carrying or placing of dangerous goods on board the aircraft by an officer of, or person employed in, the Public Service of the Commonwealth, or an officer of, or person employed PAGENO="0159" AIR LAWS AND TREATIES OF THE WORLD 149 employed by, an authority of the Commonwealth, in the performance of his duties, or by a person acting in accordance with the instructions of such an officer or person given in the performance of his duties; or (d) in the case of a defence aircraft-to or in relation to' the carrying or placing of dangerous goods on board the aircraft by a member of the Defence Force in the performance of his. duties' or by a person acting in accordance with the instructions of a member of the Defence Force given in the performance of his duties. (3.) In this section, "dangerous goods" means- (a) fire-arms,. ammunition, weapons and. explosive sub- stances; and (b) substances or things that, by reason of their nature or condition, may endanger the safety of an' aircraft or of persons on board an aircraft. 19.-(l'.). A person shall not threaten, state that it. is his ~sta and intention, or make a statement from which it could reasonably ~ be inferred that it is his intention, to destroy, damage or endanger the safety of an aircraft to which this Part applies or to kill or injure all or any of the persons on board such an' aircraft. (2.) A person' shall not make a statement or convey information, being a statement or information that he knows to be false, to the effect, or from which it could reasonably be inferred, that there has been, is' or is to be a plan, proposal, attempt,. conspiracy or threat to- ~ take' or exercise control, by force or viol~nce, of an aircraft to which. this Part applies; (b) destroy, damage or endanger the' safety of such an aircraft; or (c) kill or injure' all or any of the persons on board such an aircraft. - - Penalty: Imprisonment for two years. 20.-(l.) Where, on the trial of a person for an offence against A1t~*Ivs. any of the provisions of section eleven of this Act, the evidence ~ ~does not establish the commission by him of that offence but establishes the commission by him of an offence against another of\,those provisions, he may be found guilty of that last- mentioned offence. (2.) Where,, on the trial of a person for an offence against section' thirteen of this Act, the evidence does not establish the commission by' him of that offence but establishes the commission by him of an offence against section twelve of this Act, he may be found guilty of that last-mentioned offence. (3.) Where PAGENO="0160" 150 AIR LAWS AND TREATIES OF THE WORLD (3.) Where, on the trial of a person for an offence against section fifteen of this Act, the evidence does not establish the commission by him of that offence but establishes the commission by him of an offence against section fourteen of this Act, he may be found guilty of that last-mentioned offence. PART IV.-MISCELLANEOUS. Pos.~*~oiii. 21.-(l.) Proceedings for- (a) the commitment of a person for trial on indictment for an offence against this Act; or (b) the summary prosecution of an offence against this Act, shall not be instituted except with the consent in writing of the Attorney-General or a person authorized by the Attorney-General, by writing under his hand, to give such consents. (2.) Notwithstanding that a consent has not been given in relation to the offence in accordance with the last preceding sub-section---- (a) a person may be charged with an offence against this Act; (b) a person may be arrested for such an offence, and a warrant for such an arrest may be issued and executed; and (c) a person so charged may be remanded in custody or on bail, but no further step in proceedings of a kind referred to in that sub-section shall be taken in relation to the offence until such a consent has been obtained. (3.) Nothing in the last preceding sub-section shall prevent the discharging of the accused if proceedings are not continued within a reasonable time. 22.-(l.) Subject to the succeeding provisions of this section, o(oourts. jurisdiction is conferred on the several courts of the States and Territories with respect to offences against this Act. (2.) The jurisdiction conferred on courts by the last preceding sub-section is conferred within the limits (other than limits having effect by reference to the places at which offences are committed) of their several jurisdictions, but, in the case of a court of a State, subject to the conditions and restrictions specified in paragraphs (a), (b) and (c) of sub-section (2.) of section thirty- nine of the Judiciary Act 1903-1960. (3.) The PAGENO="0161" AIR LAWS AND TREATIES OF THE WORLD 151 (3.) The jurisdiction conferred on a court of summary jurisdiction by this section shall not be judicially exercised except by a Chief, Police, Stipendiary, Resident or Special Magistrate. (4.) Jurisdiction with respect to an offence is not conferred by this section on a court of a Territory not forming part of the Commonwealth unless the offence was committed in the Territory or on board an aircraft the last place of taking off of which before the commission of the offence, or the next place of landing of which after the commission of the offence, was in that Territory. (5.) The trial on indictment of an offence against this Act that was not committed within any State may be held- (a) in any State; or (b) in any Territory in which a court having jurisdiction to try the offence may sit. (6.) Subject to this Act, the laws of a State or Territory 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. (7.) Except as provided by thisAct, the Judiciary Act 1903-1960 applies in relation to offences against this Act. 23.-(1.) In a prosecution for an offence against this ~ Act committed on board an aircraft engaged in a flight, ~ where an act constituting, in whole or in part, the offence charged is proved, it shall be presumed, unless the evidence shows the contrary, that that act did not take place in a State or Territory other than the State or Territory in which the trial is held. (2.) In a prosecution for an offence against this Act committed on board an aircraft engaged in a flight, if the information, complaint or indictment specifies the flight in which the aircraft was engaged, it is not necessary for the information, complaint or indictment to state the part of Australia or other place at which the offence was committed, except where the prosecution is in a court of a Territory and the jurisdiction of the court depends on the offence having been committed in the Territory. 24.-(1.) Where 39-737~ O-6&---vol. 1-11 PAGENO="0162" 152 AIR LAWS AND TREATIES OF THE WORLD 24.-(l.) Where, at any time after the presentation in a court in a part of Australia cxf an indictment ~for an offence against this Act and before the jury has returned its verdict- (a) the defendant objects to the trial on the ground that the offence, if committed, was committed in another part of Australia; and (b) -the Judge is satisfied that the offence, if committed, was committed in that other part of Australia, the Judge shall forthwith order that the proceedings on the indictment be discontinued and, if the jury has been empanelled, that the jury be discharged, and that the defendant appear before that court or another court of the first-mentioned part df Aus- tralia at a specified place and at a specified time not later than twenty-eight days after the date on which the order is made, to be dealt with in accordance with this section. (2.). Where a Judge makes an order under the last preceding sub-section, he may also- (a) order that the defendant be kept in such custody .as is specified in the order; or (b) admit the defendant to bail, on such .recqgnizances as the Judge thinks fit. (3.) If, before the time at which the defendant is to appear before a court, the Attorney-General notifies that court that he does not intend to file an indictment against the defendant in a court of another part of Australia, the first-mentioned court shall, as soon as practicable after being so notified, make an order- (a) discharging the defendant from his obligation to appear before that court at that time; and (b) directing- (i) if the defendant is held in custody-that `h~ be released; or (ii) if he has been admitted to bail-that the recognizances upon which he was admitted to bail be discharged. (4.) 11, at or belore the lime at which the defendant is to- appear before a court, the Attorney-General notifies that court that he has filed an indictment against the defendant in a court of another part of Australia, the first-mentioned court shall- (a) if the defendant is in custody-forthwith; or (b) in any Gther case-as soon as practicable after the time at which the defendant is to appear before that court, rnale an order directing that the defendant be taken, as soon as practicable, in the custody of such person as it directs, to the part PAGENO="0163" AIR LAWS AND TREATIES OF THE WORLD 153 part of Australia in which the indictment was filed and there be delivered to the custody of a person having authority to arrest him, and may make such further orders as it thinks necessary for facilitating the carrying into effect of the first- mentioned order. (5.) If- (a) the Attorney-General- (i) does not, before the time at which the defendant is to appear before a court, notify that court that he does not intend to file an indictment against the defendant in a court of another part of Australia; and (ii) does not, at or before that time, notify the first-mentioned court that he has filed such an indictment; and (b) the defendant is in custody, the first-mentioned court shall, at that time, make an order directing that he be released. (6.) Where an order has been made under sub-section (1.) of this section in relation to an indictment, the proceedings on that indictment do not, and that order does not, prevent or prejudice any other indictment, or any information, against the defendant, whether on the same charge or on any other charge. 25.-(l.) The person in command of an aircraft to which Arrest of Part II. or Part III. of this Act applies may, on board the aircraft, offenders, &c. with such assistance as is necessary, arrest without warrant a person whom he finds committing, or reasonably suspects of having committed, or of having attempted to commit, an offence against that Part, and that person in command or a person authorized by him may hold the person so arrested in custody until he can be brought before a Justice of the Peace or other proper authority to be dealt with in accordance with law. (2.) The person in command of an aircraft to which Part II. or Part III. of this Act applies may, where he considers it necessary so to do in order to prevent an offence against that Part or to avoid danger to the safety of the aircraft or of persons on board the aircraft, with such assistance as he thinks necessary- (a) place a person who is on board the aircraft under restraint or in custody; and (b) if the aircraft is not in the course of a flight-remove a person from the aircraft. 26.-(1.) If, in relation to an aircraft to which Part II. or Po~ of Part III. of this Act applies, the person in command of the air- ` craft or any person authorized in writing for the purposes of this ~ section PAGENO="0164" 154 AIR LAWS AND TREATIES OF THE WORLD section by the Minister of State for Civil Aviation reasonably suspects that an offence against that Part has been, is being or may be committed on board or in relation to the aircraft, he may, with such assistance as is necessary, search or cause to be searched- (a) the aircraft and any person, luggage or freight on board the aircraft; and (b) in the case of an aircraft to which Part Ill, of this Act applies and which is not engaged in a flight-any person who is about to board the aircraft and any luggage or freight that is about to be placed on board the aircraft. (2.) A female shall not be searched under the last preceding sub-section except by a female. Sav(n~.( 27. This Act is not intended to exclude or limit the operation of any other law of the Commonwealth or, except as provided by the next succeeding section, the operation of any law of a State or Territory. 28. Where an act or omission of a person is both an offence twice for against this Act and an offence under the law of a State or i~°~ Territory and that person is convicted of either of those offences, he is not liable to be convicted of the other of those offences. Death 29.-( 1.) Where a person is convicted of an offence against ~nteac~. this Act punishable by death- (a) the sentence of the court shall be that the convicted person shall suffer the punishment of death; and (b) the court may give directions with respect to the holding in custody of the convicted person until the sentence is executed or directions of the Governor-General under sub-section (3.) of this section with respect to his custody take effect. (2.) Subject to the next succeeding sub-section, a sentence of death passed by a court in pursuance of this Act shall be carried into execution in accordance with the law of the State or Territory in which the offender is convicted. (3.) The Governor-General may, in any case (including a case in which the law of the State or Territory in which the offender is convicted does not provide for the execution of sentences of death), give directions for and in relation to the carrying into execution of a sentence of death passed by a court in pursuance of this Act and, where such directions are given, the sentence shall be carried into execution accordingly. PAGENO="0165" AIR ACCIDENTS (COMMONWEALTH LIABILITY). No. 74 of 1963. An Act to provide for the payment of Damages by the Commonwealth and Authorities of the Common- wealth in respect of the Death of, or Personal Injury to, certain persons travelling as Passengers in Aircraft. [Assented to 31st October, 1963.] 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 Air Accidents (Commonwealth s~t tIC.. Liability) Act 1963. 2. This Act shall come into operation on a date to be fixed by Cominso~.. Proclamation. 3. This Act is divided into Parts, as follows:- Part 1.-Preliminary (Sections 1-5). - Part 155 PAGENO="0166" 156 AIR LAWS AND TREATIES OF THE WORLD Part II.-Carriage in Aircraft operated by the Common- wealth or a Commonwealth Authority (Sections 6-10). Part IH.-Carriage in Aircraft not operated by the Common- wealth or a Commonwealth Authority (Sections 11-17). Part IV.-Regulations (Section 18). Dldoo.. 4. In this Act, unless the contrary intention appears- "Commonwealth authority" means an authority of the Commonwealth; "damages" includes an amount received under a corn.~ promise or settlement of a claim for damages, whether'~ legal proceedings had been instituted or not; "flying pay" includes flying instructional pay, flight pay and flying allowance and any other like pay or allow- ance; "passenger ", in relation to an aircraft, does not include-_ (a) a member of the crew, including a pilot, of the aircraft; (b) a member of the Defence Force, whether a member of the crew of the aircraft or not, who- (i) is in receipt of flying pay; or (ii) is included in a prescribed class of members of the Defence Force, being a class as to whom the terms and conditions of their service include provision for risks arising out of the performance of duties in aircraft; (c) a person whose carriage in the aircraft is specifi- cally and only for the purpose of his per- forming in the aircraft- (i) duties or services for the performance of which he is employed or engaged by the Commonwealth or a Common- wealth authority; or (ii) duties as a member of the Defence Force; (d) a person whose carriage in the aircraft is specifi- cally and only for the purpose of his per- forming duties or services in the aircraft; or (e) a person who is not lawfully entitled to be on board the aircraft. 5. This Act applies both within and outside the Common- wealth and extends to all the Territories of the Commonwealth. PART PAGENO="0167" AIR LAWS AND TREATIES OF THE WORLD 157 PART 11.-CARRIAGE IN AIRCRAFT OPERATED BY THE COMMON- WEALTH OR A COMMONWEALTH AUTHORITY. 6.-(1.) This Part applies to the carriage of a passenger in ~p~tion an aircraft operated by the Commonwealth or a Commonwealth authority, not being carriage to which Part IV. of the Civil Aviation (Carriers' Liability) Act 1959-1962 applies. (2.) This Part does not apply in relation to the death of, or injury to, a person in circumstances entitling any dependant of the person, or the person, to pension under the Repatriation Act 1920-1962, the Repatriation (Far East Strategic Reserve) Act 1956-1962 or the Repatriation (Special Overseas Service) Act 1962. 7. Subject to this Part, the following provisions of the Civil Application Aviation (Carriers Liability) Act 1959-1962, namely, section provisions of twenty-eight, sub-section (1.) of section thirty-two, sections f,~~"°" thirty-three and thirty-four, section thirty-five (other than sub- ~ section (2.)) and sections thirty-seven to thirty-nine (inclusive) apply to and in relation to carriage to which this Part applies as if those provisions were incorporated in this Part and as if- (a) references in those provisions to a carrier or the carrier were references to the Commonwealth or the Com- monwealth authority by which the aircraft was being operated, as the case requires; (b) references in those provisions to Australia included references to the Territories of the Commonwealth; and (c) the reference in section thirty-three of that Act to section thirty-one of that Act were a reference to section eight of this Act. 8.-(1.) The maximum liability of the Commonwealth or a Lb~tatio~ of Commonwealth authority under this Part in respect of any one person, by reason of his death or injury, is Seven thousand five ~i'~j~ hundred pounds. (2.) The amount of any damages recoverable but for this sub-section by a person from the Commonwealth or a Common- wealth authority by virtue of this Part in respect of a death or injury shall be reduced by any amount received or receivable by that person in consequence of the death or injury by reason of- (a) insurance effected for the benefit of the deceased or injured person or his estate by the Commonwealth or the Commonwealth authority; or (b) insurance effected by the deceased or injured person that is referable to an allowance granted by the Com- monwealth or the Commonwealth authority for the purpose of enabling him to effect such insurance. 9.-(l.) Subject PAGENO="0168" 158 AIR LAWS AND TREATIES OF THE WORLD Uib4lity un~ 9.-(1.) Subject to the provisions of section thirty-seven of thiaParitobe . . . , . . In substitution the Civil Aviation (Carriers Liability) Act 1959-1962, in its ~. application by virtue of this Part, the liability of the Common- wealth or a Commonwealth authority under this Part in respect of the death of a passenger, or personal injury to a passenger that has not resulted in his death, is in substitution for any other civil liability of the Commonwealth or the Commonwealth authority in respect of that death or injury other than- (a) a liability under Part II. or Part III. of the Civil A viation (Carriers' Liability) Act 1959-1962; or (b) a liability arising otherwise than by reason of the operation of the aircraft by the Commonwealth or the Commonwealth authority. (2.) Notwithstanding anything contained in Part II. or Part III. of the Civil Aviation (Carriers' Liability) Act 1959-1962, but without prejudice to the operation of the next succeeding section, any liability of the Commonwealth or a Commonwealth authority under this Part is not excluded by reason of the existence of any liability of the Commonwealth or of that Commonwealth authority under either of those Parts. Liability of 1O.-(l.) Where, apart from this section, damages in respect of any death or injury are recoverable from the Commonwealth or a Commonwealth authority by or for the benefit of a person under this Part and such damages are also recoverable from the Com- monwealth or a Commonwealth authority by or for the benefit of that person otherwise than under this Part- (a) if damages are recovered otherwise than under this Part, damages are not recoverable under this Part; and (b) if damages are recovered under this Part, the amount of damages recoverable otherwise than under this Part shall be reduced by the amount of the damages so recovered. (2.) In the last preceding sub-section, "damages" does not include compensation under the Commonwealth Employees' Compensation Act 1930-1962 or the Seamen's Compensation Act 1911-1960. (3.) Nothing in this section prevents the application of section seventeen A of the Commonwealth Employees' Compensation Act 1930-1962 or section ten A of the Seamen's Compensation Act 1911-1960 in relation to damages recovered or recoverable under this Part. PART PAGENO="0169" AIR LAWS AND TREATIES OF THE WORLD 159 PART 111.-CARRIAGE IN AIRcI~vr NOT OPERATED BY THE COMMONWEALTH OR A COMMONWEALTH AUTHORITY. 11.-(1.) Subject to this section, this Part applies to the Ap~tio~ carriage in an aircraft operated by a person other than the Commonwealth or a Commonwealth authority of a passenger being- (a) a person who is- (i) an employee within the meaning of the Common wealth Employees' Compensation Act 1930-1962 or a person to whom that Act applies as if he were such an employee; or (ii) a seaman to whom the Seamen's Compensation Act 1911-1960 applies, being a seaman employed by the Commonwealth or a Commonwealth authority, and is travelling in the course of his employment by the Commonwealth or a Commonwealth authority; (b) a person the cost of whose carriage has been, or is to be, borne by the Commonwealth or a Commonwealth authority; or (c) a person travelling by air for the purposes of the Common- wealth or of a Commonwealth authority in pursuance of arrangements made or authority given by the Commonwealth or the Commonwealth authority. (2.) This Part does not apply to carriage to which Part IV. of the Civil Aviation (Carriers' Liability) Act 1959-1962 applies or to which any provisions of a State Act for the time being declared by the Treasurer by notice in the Gazette to correspond with the provisions of that Part apply. (3.) This Part does not apply in relation to the death of, or injury to, a person in circumstances entitling any dependant of the person, or the person, to pension under the Repatriation Act 1920-1962, the Repatriation (Far East Strategic Reserve) Act 1956-1962 or the Repatriation (Special Overseas Service) Act 1962. 12. Subject to this Part, where this Part applies to the carriage Liability ol *of a person, the Commonwealth, or, if the person is employed by ~ a Commonwealth authority or a Commonwealth authority has for1d~ borne, or is to bear, the cost of his carriage or has arranged for or authorized his carriage, that Commonwealth authority, is liable for damage sustained by reason of the death of that person or any personal injury suffered by that person resulting from an accident that took place on board the aircraft or in the course of any of ~the operations of embarking or disembarking. 13. Subject PAGENO="0170" 160 AIR LAWS AND TREATIES OF THE WORLD ~pv~icatIon 13. Subject to this Part, the following provisions of the Civil pro~~i ~t Aviation (Carriers' Liability) Act 1959-1962, namely, sections ~`°~` thirty-four, thirty-five (other than sub-sections (2.) and (10.)), ~ thirty-eight and thirty-nine, apply to and in relation to carriage to which th l'art applies as if those provisions were incorporated in this Part and as if- (a) references in those provisions to a carrier were references to the Commonwealth or a Commonwealth authority; and (b) references in those provisions to Australia included references to the Territories of the Commonwealth. 14.-(1.) The maximum liability of the Commonwealth o~?\a ~vcrat~lo Commonwealth authority under this Part in respect of any one~ Part~ person, by reason of his death or injury, is Seven thousand five hundred pounds. (2.) The amount of any damages recoverable but for this sub-section by a person from the Commonwealth or a Common- wealth authority by virtue of this Part in respect of a death or injury shall be reduced by- (a) the amount of any damages or compensation paid or payable in respect of the death or injury to or for the benefit of that person by, or recovered or recoverable by or for the benefit of that person from, the carrier, a servant or agent of the carrier or any other person other than the Commonwealth or the Commonwealth authority, as the case may be; and (b) any amount received or receivable by that person in consequence of the death or injury by reason of- (i) insurance effected for the benefit of the deceased or injured person or his estate by the carrier or by the Commonwealth or the Common- wealth authority; or (ii) insurance effected by the deceased or injured person that is referable to an allowance granted by the Commonwealth or the Com- monwealth authority for the purpose of enabling him to effect such insurance. 15.-(l.) Where, apart from this section, damages in respect ~ of any death or injury are recoverable from the Commonwealth or a Commonwealth authority by or for the benefit of a person under this Part and such damages are also recoverable from the Commonwealth or a Commonwealth authority by or for the benefit of that person otherwise than under this Part- (a) if damages are recovered otherwise than under this Part, damages are not recoverable under this Part; and (h) if PAGENO="0171" AIR LAWS AND TREATIES OF THE WORLD 161 (b) if damages are recovered under this Part, the amount of damages recoverable otherwise than under this Part shall be reduced by the amount of the damages so recovered. (2.) In the last preceding sub-section, "damages" does not include compensation under the Commonwealth Employees' Compensation Act 1930-1962 or the Seamen's Compensation Act 1911-1960. (3.) Nothing in this section prevents the application of section seventeen A of the Commonwealth Employees' Compensation Act 1930-1962 or section ten A of the Seamen's CompensationAct 1911- 1960 in relation to damages recovered or recoverable under this Part. 16.-(1.) Damages under this Part in respect of a death or Dam&~O~nOt Injury are not recoverable from the Commonwealth or a Corn- ~I~~J? monwealth authority by or for the benefit of a person where that ~ person, or a person lawfully acting or entitled to act on behalf of that person- (a) has failed to take any action that he could reasonably have been expected to take, if this Part had not been enacted, to recover damages in respect of the death or injury from any other person who was, or may have been, liable to pay damages in respect of the death or injury; (b) has, without the consent in writing of the Conimon wealth or the Commonwealth authority, as the case may be, entered into a compromise, settlement or agreement whereby a person other than the Common- wealth or the Commonwealth authority has been discharged in whole or in part from liability in respect of the death or injury to which he was, or might have been, subject; or (c) has refused to comply with a request under the next succeeding sub-section. (2.) The Commonwealth or a Commonwealth authority may, in writing, request a person who appears to be entitled to recover damages in respect of a death or injury to which this Part applies against a person other than the Commonwealth or the Common- wealth authority, or a person lawfully acting or entitled to act on behalf of such a person, to take or continue proceedings (whether in the Commonwealth or elsewhere) to recover those damages and, where proceedings are so taken or continued, the proceedings PAGENO="0172" 162 AIR LAWS AND TREATIES OF THE WORLD proceedings shall be conducted on behalf of the first-mentioned person at the expense of the Commonwealth or the Common- wealth authority. (3.) The Commonwealth or a Commonwealth authority may, at any time, by notice in writing, revoke a request made under the last preceding sub-section, and, in that event, is not liable for any costs or expenses incurred in respect of the continuance of the proceedings after the revocation. tion aga nat 17. An action against the Commonwealth or a Commonwealth ~ authority for damages under this Part in respect of a death or ~. injury shall not be heard or determined if an action against a person other than the Commonwealth or the Commonwealth p~dIng. authority for damages in respect of that death or injury is pending in any court, whether in the Commonwealth or elsewhere. PART IV.-REGULATIONS. 18. The Governor-General may make regulations, not inconsistent 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" 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 1.-PRELIMINARY. 1. This Act may be cited as the Civil Aviation (Damage by ~ Aircraft) Act 1958. 2.-(1.) Parts I. and IV. of this Act shall come into operation Com~. on the day on which this Act receives the Royal Assent. (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. 163 PAGENO="0174" 164 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. 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). 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. 5. This Act extends to every Territory of the Commonwealth. T~rltorles. ~ ,~ 6. This Act binds the Crown in right of the Commonwealth or of any State. Approval of 7. Approval is given to ratification by Australia of the ratification ~ Convention. Convention. PART 11.-DAMAGE TO WHICH ~ri~ ROME CONVENTION APPLIES. Convention 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 ~ 9.-(l.) Where damage in relation to which the Convention Convenuon. 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="0175" AIR LAWS AND TREATIES OF THE WORLD 165 (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 Co~ts of a State or Territory of the Ccrnmonwealth (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.-(1.) A Court in which two or more actions under the co~H~J~ Convention are pending, being actions arising out of a single of acdoi~. 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 ~ the liability imposed by the Convention on a person in respect ~ 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. PAGENO="0176" 166 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 re'ulted 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. ~rocse~s 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. i~.~ii~t 13.-(l.) A contracting State shall, for the purposes of an r~ action under the Convention brought in a Court in Australia ~~rs 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. or 14.-(l.) The Minister may, by notice published in the ~ 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="0177" AIR LAWS AND TREATIES OF THE WORLD 167 (b) that a counfry 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; (6) 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 uIat~Ons 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 111 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 f a State with federal jurisdiction; or 39-7&7 O-65~----vo1. i-12 PAGENO="0178" 168 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 uponforeign 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. P~T 111.-OTHER DAMAGE TO WHICH THIS ACT APPLIES. 16.-(l.) 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.) l'his 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="0179" AIR LAWS AND TREATIES OF THE WORLD 169 17.-(1.) Subject to this section, the provisions of the Con- A vention (other than Chapter III., Articles 20, 23, 27, 28 and 29 ~nvsntion. 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 Appli~1on o( 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 "n ~ 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 !iht~~ 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 R~ua~. 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="0180" 170 AIR LAWS AND TREATIES OF THE WORLD Here follows the Convention on Damage Caused by Foreign Aircraft to Third Parties on the Surfacel For the text of this Convention see vol. 3. PAGENO="0181" 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 Airlines Act 1959. and citation. (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 ~ 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. - 171 PAGENO="0182" 172 AIR LAWS AND TREATIES OF THE WORLD 3. Section three of the Principal Act is repealed and the following section inserted in its stead:- "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 6-188). 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).". Dfin~UOIIJ. 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="0183" AIR LAWS AND TREATIES OF THE WORLD 173 6. Section seven of the Principal Act is amended by omitting Com,osition of Commission. from sub-section (1.) the words five Commissioners and inserting in their stead the words " six Commissioners ". 7.-(1.) 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 ~rm 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 R~esnunerstion allowances as the Governor-General determines. ~Issione,s. "lO.-(l.) Where the Minister grants leave of absence to a Absence of Commissioners. Commissioner under the next succeeding 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- 1~av~f missioner upon such terms and conditions as to remuneration or otherwise as the Minister determines. "12. The Governor-General may terminate the appointment i~i~si of of a Commissioner for inability, inefficiency or misbehaviour. COfl~n5i5siOflhC. PAGENO="0184" 174 AIR LAWS AND TREATIES OF THE WORLD Resignation of "13. A Commissioner or an Acting Commissioner may Commissionen. . . 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- (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~sible 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 deibera- tion or decision of the Conmiission with respect to that contract; and (b) shall be disregarded for the purpose of constituting a quorum of the Commission for any such deliberation 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="0185" AIR LAWS AND TREATIES OF THE WORLD 175 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- Aprointment (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 PAGENO="0186" 176 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 ". In~-state 1O.-(1.) Section nineteen A of the Principal Act is amended o~ by omitting from sub-section (1.) the words "prior to the corn- gw~r~referred mencement of this section" and inserting in their stead the Parliament,. 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 r~se~nd omitting sub-sections (2.) and (3.) and inserting in their stead 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.". Conracts for 12. Section twenty-two of the Principal Act is amended by ~~~ort of omitting the words "the Minister on behalf of ". Commission ~o 13. Section twenty-four of the Principal Act is repealed. be common carrier. PAGENO="0187" AIR LAWS AND TREATIES OF THE WORLD 177 14~ Section thirty of the Principal Act is amended by omitting Capital of tb. from sub-section (1.) the word "more" and inserting in its ~`°`~ stead the word "those ". 15. Sections thirty-three, thirty-four, thirty-five and thirty- six of the Principal Act are repealed and the following sections inserted in their stead:- "33.-(1.) The Commission shall open aod maintain an ~ 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 ~ppLicatIon shall be applied only- ~ moneY'. (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 Proi,~r 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="0188" 178 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.". ~fitsof 16. Section thirty-eight of the Principal Act is amended by 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 2~,mmiuion. 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="0189" AIR LAWS AND TREATIES OF THE WORLD 179 "(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 of 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. Re~I of Parts III., IV. and V. 19. Section sIxty of the Pnncipal Act is amended by omitting Recovery 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- u~itita~ (a) by omitting the words "six months" and inserting in their stead the words "two years" ; and Commission. (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. Noti~ 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 L~itor recover damages or compensation in respect of personal injury ~ f~,J or death (including proceedings for the recovery of corn ribution 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="0190" 180 AIR LA~SS 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="0191" AUSTRALIAN 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 Au8frahan National Airlines ~ uu. Act 1956. sedett&tloa. (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 1945-1956. 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, u amended by No. 00, 1947: and No. 102, 1952. 181 PAGENO="0192" 182 AlE 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 " 18~. The Public Service Arbitration Act 1920-1956 does not ~ apply in relation to the employment of officers or employees of the Commission.". Seving of 4. Notwithstanding the amendment made by this Act- (a) if, immediately before the date of commencement of this i~nd pending . . proceedinge. Act, any proceedings instituted under the Public Servtce 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 may 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 Ar&itratj,omi 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="0193" AUSTRALIAN NATIONAL AIRLINES. No. 71 of 1961. An Act to amend the Australian National Airlines Act 1945-1959. [Assented to 27th October, 1961.] 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 Australian National ~ Airlines Act 1961. (2.) The Australian National Airlines Act 1945_1959* 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 1945-1961. 2. This Act shall come into operation on the day on which commence. it receives the Royal Assent. ment. 3. Section * Act No. 31, 1945, as amended by No. 90, 1947; No. 102, 1952; No. 105, 1956; No. 70, 1958: and No. 3. 1959. 183 ~9-737 O-85---vol. 1-13 PAGENO="0194" 184 AIR LAWS AND TREATIES OF THE WORLD Capita! ofl1~ 3. Section thirty of the Principal Act is amended by inserting Commission. . . in sub-section (5.), after the words have regard to , the words "the determination made under sub-section (1.) of section thirty- two of this Act in respect of the relevant financial year and to ". 4. Section thirty-two of the Principal Act is repealed and the fo1lov~ing section inserted in its stead:- Financial "32.-(l.) The Minister, with the concurrence of the ~ Treasurer and after consultation with the Commission- (a) shall, not later than one month before the commence- ment of each financial year, determine the percentage of the capital of the Commission that would represent a reasonable return to the Commonwealth from the operations of the Commission in that financial year, and give notice in writing to the Commission of the percentage so determined; and (b) may, at any time during a financial year, by reason of a change in circumstances, by notice in writing to the Commission, amend a determination under the last preceding paragraph. "(2.) In performing their functions under the last preceding sub-section, the Minister and the Treasurer shall take into account, in addition to other relevant matters- (a) the profits, in relation to capital employed, that have been, and are expected to be, made by privately- owned air transport undertakings in Australia; (b) all matters tending to create disparity with respect to costs between the Commission and privately-owned air transport undertakings, including- (i) any loans made by the Commonwealth to the Commission at interest rates less than current commercial rates; (ii) the fact that moneys representing provision made by the Commission for staff super- annuation are available for use in the business of the Commission; (iii) the conduct by, or by undertakings associated with, privately-owned air transport under- takings of commercial aclivities other than air transport services; (iv) the operation of developmental services and essential rural services; and (v) the extent of their non-competitive air transport operations. "(3.) The Commission shall pursue a policy directed towards making, in each financial year, profits sufficient to enable the Commission to pay to the Commonwealth, out of those profits, an amount equal to the percentage of its capital determined under sub-section (1.) of this section in respect of that financial year. PAGENO="0195" AIR LAWS AND TREATIES OF THE WORLD 185 "(4.) After receipt of notice of the determination made under sub-section (1.) of this section in respect of a financial year, the Commission shall, having full regard to its duty under the last preceding sub-section, prepare estimates, in such form as the Minister directs, of its revenue and expenditure for that financial year and submit those estimates to the Minister. "(5.) The Commission shall, from time to time as provided in the next succeeding sub-section, review the financial results of its operations during the current financial year and if, upon any such review, the Commission finds that the revenue and expendi- ture of the Commission during the preceding part of the financial year have not been as favorable to the profitable conduct of the business of the Commission as those specified in the estimates submitted to the Minister and, having regard to that fact, it appears likely that, unless special measures are taken, the Com- mission will not make sufficient profits in that year to enable it to pay to the Commonwealth, out of those profits, an amount equal to the percentage of its capital determined, in respect of that year, under sub-section (1.) of this section, the Commission shall forthwith consider what specific measures can be taken for the purpose of enabling it to carry out more effectively, during the remainder of that financial year, its duty under sub-section (3.) of this section and shall inform the Minister of the measures it proposes to adopt for that purpose and the effect that it considers the adoption of those measures will have on the financial results of its operations. "(6.) A review under the last preceding sub-section shall be made whenever the Commission considers that circumstances so require or the Minister so directs, but so that not more than six months shall elapse in a financial year between- (a) the beginning of that financial year and the first review under that sub-section in that financial year; or (b) the commencement of a review under that sub-section and the commencement of the next such review.". 5. After section thirty-seven of the Principal Act the following section is inserted :- "37A.-(l.) In this section, `risks to which this section ~ applies' means the following risks, to the extent to which, in the case of privately-owned air transport undertakings, they are customarily covered by insurance :- (a) risk of loss of, or damage to, aircraft of the Commission and parts of, and equipment for, such aircraft; (b) risk of liability in respect of the death of, or injury to, passengers in aircraft of the Commission; and PAGENO="0196" 186 AIR LAWS AND TREATIES OF THE WORLD (c) risk of liability in respect of the death of, or injury to, persons on the surface, or damage to property on the surface, caused by an aircraft of the Commission in flight or by any person or thing falling from such an aircraft. "(2.) So long as the Commission is not fully insured by pohcies of insurance against all risks to which this section applies, the Commission shall maintain an account (in this section referred to as `the prescribed account') for the purpose of making pro- vision against risks to which this section applies, so far as they are not covered by insurance. "(3.) The Commission shall credit to the prescribed account- (a) any amount that, immediately before the date of com- mencement of this section, appeared in the accounts of the Commission as a provision in lieu of insurance against risks that, upon that date, became risks to which this section applies; (b) such sums as are approved by the Minister, with the concurrence of the Treasurer, as being equivalent to the current commercial premiums that would be payable by the Commission for insurance in respect of risks to which this section applies, so far as they are not covered by insurance; (c) interest received by the Commission upon securities representing moneys standing to the credit of the prescribed account, and any profits upon the realiza- tion of any such securities; and (d) the whole, or such part as the Minister approves as being appropriate, of any damages, compensation or other moneys received or recovered by the Com- mission in respect of a loss referred to in paragraph (a) of the next succeeding sub-section. "(4.) The Commission shall debit to the prescribed account- (a) where the Commission suffers loss, not fully covered by insurance, by reason of a risk to which this section applies, such amount in respect of that loss as the Minister approves as being appropriate having regard to the provision made under this section in lieu of insurance against that risk; (b) payments to the Commonwealth of interest upon any loan made to the Commission in accordance with the next succeeding sub-section; and (c) any loss incurred by the Commission upon the realiza- tion of securities representing moneys standing to the credit of the prescribed account. PAGENO="0197" AIR LAWS~ AND TREATIES OF THE WORLD 187 "(5.) If an amount that is, in accordance with paragraph (a) of the last preceding sub-section, required to be debited to the prescribed account exceeds, by more than Fifty thousand pounds, the value of the securities of the Commonwealth held by the Commission that represent moneys standing to the credit of the prescribed account, the Treasurer shall, under section thirty-one of this Act and notwithstanding sub-section (5.) of that section, make a loan to the Commission of an amount equal to the excess. "(6.) Subject to this section, the Commission shall keep invested in securities of the Commonwealth the whole of the amount from time to time standing to the credit of the prescribed account. "(7.) Up to and including the thirtieth day of June, One thousand nine hundred and sixty-four, the amount required to be kept invested in accordance with the last preceding sub-section is reduced by an amount equal to so much of the amount referred to in paragraph (a) of sub-section (3.) of this section as was not, immediately before the date of commencement of this section, represented by securities of the Commonwealth, but the Com- mission shall endeavour to reduce progressively the extent to which the amount standing to the credit of the prescribed account is not represented by securities of the Commonwealth. "(8.) The Commission shall not be taken to have failed to carry out its obligations under sub-section (6.) of this section by reason only of the lapse of a reasonable interval between the crediting of an amount to the prescribed account and the invest- ment of an equivalent amount in securities of the Commonwealth or between the realization of any securities and the re-investment of the proceeds of the realization. "(9.) All securities of the Commonwealth that, immediately before the date of commencement of this section, represented any part of the amount referred to in paragraph (a) of sub- section (3.) of this section shall, upon the establishment of the prescribed account, be deemed to represent a corresponding amount standing to the credit of the prescribed account.". PAGENO="0198" PAGENO="0199" OIVIL 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.J 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 1957. 2. This Act shall come into operation on the day on which ~ it receives the Royal Assent. mint. 3. The execution on behalf of the Commonwealth of an Apg~~1 or agreement in accordance with the form in the Schedule to this ~ Act is approved. 4. The Australian National Airlines Commission is AU~I~II~~ empowered to enter into an agreement in accordance with the ~ form in the Schedule to this Act and to carry out its obligations ~ and avail itself of its rights under the agreement. 189 PAGENO="0200" 190 AIR LAW~ A~D TREATIES OF THE WORLD A~ 5.-(l.) Section four of the Civil Aviation Agreement Act jl~vr~emenr 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 Australian National Airlines Act 1945-l956 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, ANSETF 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 ANSEfl 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="0201" Affl LA\VS~ ;~ND TltlATIES OF Till: OULD 191 THE 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 I of this agreement in the same application of manner, mutatis ,nutandis, as they apply in respect of sub-clause (1.) of clause 7 of the ~~ions of Civil Aviation Agreement. Civil Aviation Agreement. 3. The parties will take immediate steps to establish a Rationalization Committee tablizl~ent (in this agreement referred to as" the Committee ") which shall be constituted from time of to time by- Rationalization Committee. (a) a person nominated by the Minister who shall be known as the Co-ordinator; (b) a member nominated by the Commission; and (c) a member nominated by the Company. 4.-(1.) If the airline operators concerned are unable to agree on any matter arising Functions of under sub-clause (1.) 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 do 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. (5.) 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 agreement. 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="0202" 192 AIR LAWS AND TREATIES OF THE WORLD THE SCHEDULE-COMInUed~ 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 ia force under that Act. Period of 9. This agreement shafl continue in force until the termination of the Civil Aviatioa agreement. Agreement. PAGENO="0203" 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 Ap~vsl of Australian National Airways Proprietary Limited, being the agree- egreement. 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 Gu~nteee advances on loan, as are provided for by the agreement referred to `~"~ &dvances. in the last preceding section. 5. The Australian National Airlines Commission constituted under AUJtZ~II~U 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. ~reemeiit. 193 PAGENO="0204" 194 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 AtTSTRALIA (in this agreement called ~`the Commonwealth ") of the one part and ACSTRALIAN NATIONAL AmWAYS PROPRIETARY LLMITED, 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 Australian 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 facilitate 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; (t) the mamtenance 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 :- Approval by 1. This agreement shall have no force or effect and shall not be binding on either Parliament. party unless and until it is approved by the Parliament of the Commonwealth. Commencement. 2. This agreement shall commence and come into fall 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 MaistanoS. 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 facilitate 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 million 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 will 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; and PAGENO="0205" AIR LAWS AND TEI:ATIE~ OF THE WORLD 195 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 tinder 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- (a) 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.-(1.) The Company will pay to the Commonwealth within one year from the Air route date of the commencement of this agreement, and the Commonwealth will accept, Chargei. the sum of Three hundred and thirty -seven thousand seven hundred and seventeen pounds six shillings (f337,7l7.6.O) 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.O) referred to in sub-clause (1.) of this clause, the Commonwealth will 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 19 iS. (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 fortv.nme, as amended on the first day of August of that year, unless and except to the extent. that an increase becomes ne -ssary because of the provision of additional or improved facilities and services Ui ll'~iu.se 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.-(l.) In providing for the carriage of mail by air, the Commonwealth will take ~jr 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="0206" 196 AIR LAWS AND TREATIES OF THE WORLD ThE SCHEDyLE-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 Busineis. contmuance 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. RsUonaiizatlon 7.-(1.) The Commission and the Company will take immediate steps to review of ~ 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 Ae~ 1920-1950 or with the regulations in force under that Act. Hire or 8.-(1.) The Commission and the Company will each- 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 certificate 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. Certificate, of 9.-(l.) 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="0207" AIR LAWS AND TREATIES OF THE WORLD 197 THE SCHEDULE-~On~inUed. (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 grant od 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 or hire. lO.-(1.) The Commonwealth will not exercise any of its powers under or by Exercise of virtue of an Act, including a power to make regulations, so as to discriminate against Coflfl000We<b the Company. powers. (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. 1l.-(l.) The Company undertakes that, during the continuance of this agree- Undertaking, ment- by Compeny. (a) unless otherwise agreed by the Commonwealth, it will retain for use in its air services within Australia all ajcraft, 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 will 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 comply 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 may, 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. stat. 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 will, 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 be 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-claus~ 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="0208" 198 AlE LAWS ANI) TREATIES OF THE WORLD Thx Sc~nuLE-eontinued. Supply of 13. During the continuance of this agreement, the Company will furnish to the th!orm&tlon. 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. Chafr~sn. 14. The Chairman referred to in clauses 7, 8, and 9 of this agreement shall be an independent person appointed by agreemert between the Commission and the Company or in default of agreement shaH be a retired Justice of the High Court of Australia or of the Supreme Court of a State appointed by the Mirnster. IMglBl&tton. 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. Period of 16. This agreement shall continue in force for fifteen (15) years from it~ .greement. commencing date. Not1oe~. 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 writing signed 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 M~iister. 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 wrrcEss 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. XEEND ~1VEN under the Common Seal of APSTRALIAN~ NATIONAL AIRWAYS PROPRIETARY LIMITED L L S this 24th day of October, 1952 by order of~he Board. IVAN N. HOLYMAN. Director J. 0. DECLEECK. Secretary PAGENO="0209" 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 Agreenient Short title. Act 1946. 2. This Act shall come into operation on the da.v oh ~vliicli it ~mmencement. receives the Royal Assent. 3. The execution on behalf of the Coniinoiiwealth s lwrebv Authorization authorized of an agreement between the Goveriiiiieiit of tlit Common- of agreement. wealth and the Government of the Lnited kingdom and any other necessary party for or in connexion with the purchase by t lie Common- wealth of the shares held by British Overseas ~irwav~ Corprtritien in Qantas Empire Airways Limited. 3~-737 o-c5-vi. 1-- -14 PAGENO="0210" 200 AIR LAWS AND TREATIES OF THE WORLD !~1ceot 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. Approprtaton. 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="0211" AIRLINES AGREEMENTS. No. 70 of 1961. An Act to amend the Civil A viation Agreement Act 1952-1957. [Assented to 27th October, 1961.] 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 Airlines Agreements Sho~ti~ Act 1961. (2.) The Civil Aviation Agreement 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 Airlines Agreements Act 1952-1961. 2. This Act shall come into operation on the day on which Commem~. it receives the Royal Assent. 3. `The * Act No. 100. 1952. as amended by No. 86. 1957. 201 PAGENO="0212" 202 AIR LAWS AND TREATIES OF THE WORLD TitJ.. 3. The title of the Principal Act is repealed and the following title inserted in its stead:- "An Act to approve certain Agreements relating to Air Transport, and for purposes connected therewith.". Approval of 4. Section three of the Principal Act is amended- ag r~m~ta. . . . (a) by omitting the word "Schedule" and inserting in its stead the words "First Schedule "; and (b) by adding at the end thereof the following sub-section:- "(2.') The agreement between the Commonwealth, the Australian National Airlines Commission, Ansett Transport Industries Limited and Australian National Airways Proprietary Limited, being the agreement a copy of which is set forth in the Second Schedule to this Act, is approved.". 5. Sections four and five of the Principal Act are repeale~1 and the following sections inserted in their stead:- "4. The Commonwealth may give such guarantees as are provided for by the agreements referred to in the last preceding section. Power, of "5. The Australian National Airlines Commission- (a) shall be taken to have had power to enter into the agree- I ment referred to in sub-section (2.) of section three of this Act; and (b) is empowered to do all such things as that agreement, and the agreement referred to in sub-section (1.) of section three of this Act as affected by that agreement, provide that the Commission Will do. Functions of "6. So long as the agreements referred to in section three ~ii~ister under of this Act remain in force, the Minister shall, for the purposes pm~nt Ac: of those agreements, continue to perform his functions under Part IV. of the Airlines Equipment Act 1958.". Schedules omitted. PAGENO="0213" AIRLINES EQUIPMENTS 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 Co~~ it receives the Royal Assent. mont. Act is divided into Parts, as follows:- 1.-Preliminary (Sections 1-4). 11.-Financial Arrangements Australian National (Sections 5-7). Part 111.-Financial Arrangements in relation to Australian National Airways Proprietary Limited and certain other Companies (Sections 8-10). Part IV.-Rationalizatiofl of Aircraft Fleets (Sections 11-15). No. 70 of 1958. 3. This Part Part P~u. in relation to the Airlines Commission 203 PAGENO="0214" 204 AIR LAWS AND TREATIES OF THE WORLD 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 C0MW5SION. 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.-(l.) The Commission may, with the approval of the ~iss,on. 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 million 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 Airlines Act 1945-1956, as amended by this Act, may be cited as the Australian National Airlines Act 1945-1958. PAGENO="0215" AIR LAWS AND TREATIES OF THE WORLD 205 6. Notwithstanding anything contained in section thirty-one Borrowing of the Australian National Airlines Act 1945-1956, as amended ~ by this Act, the Commission may borrow, in addition to the ~ ot' a amounts that it is authorized to borrow under that section, the ~7~rcra~ 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 Purchase Empire Airways Limited of one of the five Lockheed Electra ~s~ion aircraft referred to in the loan agreement a copy of which is set ~ out in the Schedule to the Loan (Qantas Empire Airways Limited) ~r~ai~c~aft Act 1958 is approved, and the Commission may, without prejudice ~1~Airw*Y5 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 ~aran~eec~f to in the recitals to the agreement approved by the Civil A viation 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="0216" 206 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. Finanda~ 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 th~tt 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. Rati9na1iz~tion 1O.-( 1.) The Treasurer shall not give a guarantee under this ~ 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="0217" AIR LAWS AND TREATIES OF THE WORLD 207 in 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. P~T IV.-RATI0NAUzATI0N OF AIRCRAFT FLEETS. 11. In this Part, unless the contrary intention appears- D~~UO~S. "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 flights, 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 res~ect of passengers, cargo and mails. PAGENO="0218" 208 AIR LAWS AND TREATIES OF THE WORLD Dctcrmina*ion 12.-(l.) The Minister shall, from time to time, in relation 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="0219" AIR LAWS AND TREATIES OF THE WORLD 209 13. The obligations that are, in accordance with section ten Concijuonal 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 fulfil 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 PAGENO="0220" 210 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. Co1t..t~o~ 14.-(l.) The Director-General of Civil Aviation may, from ~ time to time, convene conferences to be attended by representatives O~&. 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. MiZ1iZI~ 15. The Minister shall not, in the exercise of his powers under OOfl this Part, unfairly discriminate in favour of the Commission or ~ the Company as against the other. A Ukf/'(17?(i OThER LEGISLATION IN FORCE Civil Aviation (Carriers' Liability) Act 1959-1962, an act relating to carriage by air. Civil Aviation I Carriers' Liability). No. 38 of 1962, an act to amend the Civil Aciation (Carriers' Liability) Act 1959. Air Navigation. No. ~ of 1963, an act to amend the Air Navigation Act 1920-1961. Crimes (Aircraft), No. 64 of 1963, ml act to make provision with respect to crimes committed on board certain aircraft, and for other PUrposes. Air Accidents (Commonwealth Liability), No. 74 of 1963. an act to l)1~Ov~le for the payment of (lama~res by the Commonwealth and an- thorities of tile Commonwealth in respect of tile death of, or persoima~l injury to, certain persomls travelling as passengers in aircraft. PAGENO="0221" AUSTRIA PRELIMINARY The Austrian Aviation Law of December 2, 1957 was the first Austrian legislation on aviation since World War II. In 1938, when Austria was annexed to the German Reich, the Austrian aviation laws were replaced by the German laws. Thus, before t.he 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. FEIit&i~ LAW OF DECEMBER 2, 1957 CONCERNING AVIATION (AvL~rIoN LAW)1 The National Council has enacted: PART I-GDNERAL PROVISIONS Section 1. Civil Aviation and Military Aviation. Civil aviation within t.he 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 Pub1l~hed In Bundezgesetzblatt (Federal Law Gazette), December 12, 1957, p. 1403. 211 PAGENO="0222" 212 AIR LAWS AND TREATIES OF THE WORLD Section 4. Air Space Restrictions. (1) For areas bour[ded 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 Air 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 Transport. and Electric Power and other Federal ministries concerned, shall establish by ordinance the air space restrictions in accordance with section 4, paragraph 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 section 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. PAGENO="0223" AIR LAWS AND TREATIES OF THE WORLD 213 Section 6. Notice of Air Space Restrictions. (1) When their period of validity does not exceed four weeks, th~ 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- mediate 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- fense, shall regulate by ordinance: a) whether, and under what conditions, permission of the Fed- era.l Civil Aviation Office shall be necessary for entry into, do- parture from, and flight over the Federal territory, and PAGENO="0224" 214 AIR LAWS AND TREATIES OF THE WORLD b) under what conditions the Federal Civil Aviation Office may in special cases, upon application, grant exceptions from the pro\~isions 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. Lan(lings 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 (Aussenabfluge 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- ing 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 paracl1ut~ 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- d rome. (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) ~\Vithin 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 an 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 caused by a landing outside an airdrome. PAGENO="0225" AIR LAWS AND TREATIES OF THE WORLD 215 PART TI-AIRCRAFT AND FLIGHT CONTRIVANCES A. AIRCRAFT Section 11. Defrnition. (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 as 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 he required. i9-73,7 O-65---vol. 1-15 PAGENO="0226" 216 AIR LAWS AND TREATIES OF THE WORLD 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- tria.n 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 t.he 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- t.ured in the customs territory from parts produced abroad on which duty was pa.id. (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 ot.her board members have their residence in Austria and are Austrian citizens; c) open partnerships and limited partnerships provided they have t.heir 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 a.ircra.ft shall be airworthy when, according to the tecimical 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="0227" AIR LAWS AND THEATIES OF THE WORLD 217 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 1~. 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~approva1 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 conditioi~ 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- ment of 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 paintin~ of civil aircraft as well as the State colors, flags and lights to be ~rne 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="0228" 218 ~TR L.\W~ 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 be in particular 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- ~nce with the requirements of traffic safety shall regulate by ordi- nance whether and to what extent civil flight contrivances shall be subject t.o licensimig 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 111-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 Personnel 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="0229" AIR LAWS A~D THEATIE~ OF THE WORLD 219 a person as belonging to the category of other civil aviation personne1~ 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. 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. (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 32); (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- 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. (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 ~firiistry 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. Section 32. Reliability. An applicant for a civil air pilot certificate shall be considered reliable (section 30, paragraph 1, subparagraph b) if, on the basis of PAGENO="0230" 220 AIR LAWS AND TREATIES OF THE WORLD 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 and 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 conscientious 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- ordance with the requirements of safety of air navigation 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) and technical qualifications (section 34) as well as the manner in which PAGENO="0231" Alit LAWS AND TREATIES OF THE WORLD 221 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 Administration. 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 he 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) Fnless otherwise provided for in paragraph 3, the examiners shall be entitled to a compensation for each examination, the amonnt of which shall be fixed by the Federal Ministry of Transport and Elec- tric Power b.y 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 any 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 activity 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 t.he 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 ot.her 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 t.hat. 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="0232" 222 AI~ LAWS AXD TREATIES OF THE WORLD 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 he 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 vio'ate 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. t.he experts (subst.itutes) are prepared when appearing at the meeting. The expert opinion shall be rendered Lv 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 decreeS 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 (se.ction 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, par~igraph 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 t.he requirements set forth in section 44 is no longer met or was lacking at time of t.he issuance of the permit to begin operations and this de.fect continues to exist. (2) Simultaneously with the prohibition of training operations the Federal Civil Aviation Office shall fix an adequate time limit within which t.he established defect must be eliminated. PAGENO="0233" AIR LAWS AND TREATIES OF THE WORLD 223 (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 t.raining 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 dat.e 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) t.he 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 instructioii 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) has reached the age of 21 years, 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 ai± pilot (section 49), d) is technically qualified (section 50). (2) The civil flight instructors 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 Practica.l 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 a.t 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 inst.ructor's examination board (paragraph 2) on the technical qualification (section 48, paragraph 1, subpara- PAGENO="0234" 224 AIR LAWS AND TREATIES OF THE WORLD graph d). This report shall be rendered on the basis of an examina- ion (civil flightS instructors examination) (2) Within the Federal Civil Aviation Office, a civil flight instruc- tors examination hoards shall he established. ~ provisions of sect ions 35 through 38 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 hoard an aircraft in flight. rfhis 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 time framework of practical civil air pilot training shall not. he subject to permission under this Fed- eral Law. Time provisions of section 51 shall not thereby be affected. (2) In case of training and examination flights accompanied by a civil flight inst cud or, I lie latter shall be consi(lered as being the re- sponsible pilot (section 125). C. MIIJTAflY AVIATION PERSONNJ~L Section 53. I)efinition. Military aviation personnel shall be deemed all persons engaged in military aviat i (In wi mose act i vi f is of import ance to safety of air navi- gation and requires flight technical or flight operational knowledge. Section 54. Military Pilots. A military pilot shall be (Teemed 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 oceupie(l 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 Ministry 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="0235" AIR LAWS AND TREATIES OF THE WORLD 225 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 IV-A IRPORTS 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 he affecte(l 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 lie handlino~ of air traffic. Flight safety service installations in accord- ance wi& 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 1)efense. 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 air(lronme 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. ~ question whether the planned measure is perimssible shall be (leci(le(l 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 takeim, 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 pei~rnanent installations for purposes of civil aviation on military airdromes. PAGENO="0236" 226 AIR LAWS AND TREATIES OF THE WORLD (2) Permissions in accordance wit,1i paragraph 1 shall prescribe such conditions, limitations and terms as are required in the interest of national defense and civil aviation. (;l) 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 oI)ligation to operate (section 75, paragraph 5) and which is open under equal conditions to all participants in air traflic. All other civil airdromes shall be deemed private airdromes. Section 64. Airports. An airport (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 which is not an airport. (2) A (~lider landing field shall be deemed a landing field intended to be useá for gliding. A power landing field (Motorfiugfeld) shall he deemed a landing field intended to be used for powered aircraft Ol)cnit jolls. 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 6~ through 63) 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 reliable and the project economically and technically feasible. (Verpflicht.ungsbescheid-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 t.he 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="0237" AIR LAWS AXD TREATIES OF THE WORLD 227 later than three months after the day on which the applicant proves to have informed the landowner oft he preparatory work. Section OS. Civil Airdrome Permit. (1) For the operation of civil airdromes a permission shall be re- qui red (Civil Airdrome Permit ) . The same shall apply to every change in scope ol operation of a civil a irdronie RS established by decree. (2) The authority competeiit 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 61). 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. pi'oiect (financing plan). (2) The application shall be. accompanied l)v six copies of a layout plan on an ap!wopriate scale, showing the airdrome boundaries and all ground facilities projected. Section 70. Investigation of Project. (1) The authority competent for the issuance of a. civil airdrome permit (section 65) , upon receipt of au a ppl icat ion 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 re~ister 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 entr numbers and the owners of all realty who will be affected by the restrictions within the meaning of section 69, paragraph 1, Sub~)aragraphus d through f. (2) In the event that the establishment of an airport. is involved, the Federal Ministry of Transport and Electric Power shall first ob- tain the concut'rencé of the Ministries of National Defense, Trade. and Reconstruc.t ion, Agriculture, and Forestry, with respect to the pro - jected location of the. airport. Then, the provinces and communities affected by the project, as well as the 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 Austrian PAGENO="0238" 228 AIR LAWS AND TREATIES OF THE WORLD 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 Chamber 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 im- 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 tec.lmical 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 opera.tor 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 arid 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. of the safety zone ordinance, if any, c) the order to take out. liability insurance up to a maximum amount of 40 million Schillings accordings to the volume of operation, PAGENO="0239" AIR LAWS AND TREATIES OF THE WORLD 229 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 l)e 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 requirements 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 b 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 IJse of a Civil Airfield). He shall also establish conditions for the use of a public airdrome by all par- ticipants in air traffic. (3) Conditions for Use of a Civil Airdrome shall be subjec.t~ 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 pu~ilished 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="0240" 230 AIR LAWS AXD TREATIES OF THE WORLD (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 (sect.ion 120) and the border police. file 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 t.he specific services to be ren:dered under the obligation contained iii paragraph 2 in accordance with the re- quirements of the. agenc.ies 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 1~55, 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 t.he operator of the civil airdrome can no longer be expected to continue or if there is no public interest in the continuation of such ope.ration. 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, t.he authority shall fix an adequate time. limit within which the established defects which caused the prohibition, are to be eliminated. (3) Civil airdrome 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 17. 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, subpa.ragraphs b a.nd c, is no longer met or if one of the require- ments set forth in section 71, paragraph 1, was lacking at the lime 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 accordance with section 76 and the established defects were not eliminated in due time. PAGENO="0241" AIR LAWS AND TREATIES OF THE WORLD 231 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) In 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 gwen 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 operat.or shall remove at his own expense ground facilities at an airdrome and restore t.he condition existing prior to the establishment, of the ground facilities for civil aviation. C. MILITARY A~DROMES 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 (Verpflic.htungsbescheid). (2) The Federal Government. shall compensate the landowner for any damage caused by the preparatory work. In case a.n agreement on the compensation is not. reached, the court, shall decide in a non- adversary proceeding. Claims for compensat.ion shall be filed not later than three. months a.fter the day on which the Federal Ministry of National Defense has proved to have informed the landowner of the completion of t.he preparatory work. Section 82. Establishment, Alteration and Closing of Military Airdromes. (1) The Federal Ministry of National De.fense shall be responsible for t.he establishment, alteration and closing of military airdromes. The Federal Ministry of National Defense shall obt.ain the concur- rence of t.he Federal Ministry of Transport and Electric Power with respect t.o the project.ed location of a military airdrome. 39-737 o-f;5----vol. 1- -.1t PAGENO="0242" 232 AIR LAWS AND TREATIES OF THE WORLD (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 manner locally customary in the communities which are located whoiiy 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 Federal 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. &ction 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. PABT V-OBSTRIJCTIONS 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 surroundmng country, b) roads as well as depressions, ditches and similar ground irregularities. PAGENO="0243" AIR LAWS AND TREATIES OF THE WORLD 233 (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 niore than 100 meters from the surrounding country; within a radius of 10 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- parision of an obst.ruction 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 t.herefor, 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 corn- pet.ent 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, t.he provincial govern- ment shall he 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 poiiit 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="0244" 234 AIR LAWS AXD TREATIES OF THE WORLD ment flight conditions, the axis of which is the direct.ion 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 l)UbliShed 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- SI)eCt iOn. 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 zones an exceptional permit shall be i~quired 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 pemiit (sections 86 and 91) shall contain information on the location, kind, and nature, as well as the purpose, of the obstruction to air navigation. (~) 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 prot~tion of the public. Section 93. Power to Issue Exceptional Permits. (1) Notwithstanding the provisions of paragraph 2, the following shall he 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 Federa.l Ministry of National Defense in concurrence with the Federal Ministry of Transport. and Electric Power with- in the safety zone of a military airdrome, b) in all other cases the Federal Ministry of Transport and Electric Power in concurrence with the Federal Ministry of Na- tional Defense. Section 94. Installations Causing Optical or Electrical Interferences. (1) The establishment and operation of installations causing opti- efti or electrical interferences which might be the cause of confusion PAGENO="0245" AIR LAWS AND TREATIES OF THE WORLD 235 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 he 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 or expanding flight safety installations, or PAGENO="0246" 236 AIR LAWS AND TREATIES OF THE WORLD 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 ~)6 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- sat ion. expropriation procedure and execution of expropriation for purposes of civil aviation, the provisions of the Railroad Expropri- ation Law of 1954, Federal Law Ga.zette 71, shall apply accordingly, subject t.o 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 kind, of equal value, if the applicant for expropriation is able to do so with- out delaying compensa.tion 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 tl1e 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="0247" AIR LAWS AND TREATIES OF THE WORLD 237 Me 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 theconsent of the Federal Ministry that has jurisdiction over the implementation of that Federal law. PART Vu-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 ill schethded 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 operationS 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 evi- dence 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="0248" 238 AIR LAW-A A~D TREATIES OF THE WORLD 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, ~) 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- Lerned. 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 ope.ration 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. (~) 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 Tic.ensing of scheduled air car- riers shall be that the establishment of t.he 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- iiled 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 t.he 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="0249" AI~ LAWS AN!) TEEATIES OF THE WORLD 239 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 Federa.l 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 issue.d in writ.ing; failure to do so shall constitute a defect. which may render the permit null and void. Section 109. Prohibition of Transport. Operat.ions. (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 peimit 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 operat.ions must be eliminated. (3) Transport operations prohibited in accordance with paragraph 1 may only l)e resumed on the~ basis of a new permit. to start opera- tions. The provisions of section 108 shall apply accordingly. Sect.ion 110. Revocation of Transport Permit. The transport permit shall he. revoked by the Federal Ministry of Transport and Electric Power when: a) one of the requirements in accordance with sect ion 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 begin 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 sect.ion 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 he 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="0250" 240 AIR LAWS AND TREATIES OF THE WORLD 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 comnection with the permit to begin operations (section 108) or with the permission in .~ccordance 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- ~.tor 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 o~ 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 contmues 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="0251" AIR LAWS AND TREATIES OF THE WORLD 241 (2) The air transport operators shall be liable to the Postal de-. partment for such consignìments to the same extent that the Postal department in turn is liable in accordance with the international agreements in force. B. AiRCRAFT CIL~1ITER 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 applicant 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 there.for. (2) Prior to the issuance of the c.harter permit, the competent Chamber of Commerce as well as the coiiimunitv in whichi 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- tat ions as may be. required in the interest of traffic. safety. Section 118. Revocation of the Charter Permit. The charter permit shall be revoked by the provincial governor 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 h) when operations have been suspended for more than a year. PART Vill-SAFETY OF AIR NAVIGATION A. FLIGHT SAFETY Sect.ion 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) telecommunications 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="0252" 242 AIR LAWS AXD TREATIES OF THE WORLD of flight 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 Rural Po1ice~ to exercise functions in the field of flight safety. The authorization may be ~ranted only to pei~ons wh~ are trained to carry out the appropriate ~unctions. 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 above with the exception of those areas which are designated by ordinance by the Federal Ministry of National Defense in concur- rence with the }ederal 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) nmv be established and operated by the Federal Civil Aviation Office only if they (10 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, shall not 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 (Verpflichtungs- bescheid). (2) The Federal Government~ shall compensate the landowner for any damage caused by the preparatory work. When agreement on tile compeiisat ion 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 completion. 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 of air traffic specified in section 119 in particularly with respect to: a) the movement of aircraft~ in thejlir and on the ground, b) the altitude to be observed in flight, c) the signals and signs to be used. PAGENO="0253" AIR LAWS AND TREATIES OF THE WORLD 243 (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 Natmnal 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 be 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 ~ncapacitated~ 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 })e 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- tioiis 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 arid kites if the captive balloon or kite is capable of rising more than 100 meters. (3) Permission shall he granted if the launching of a captive bal- looii 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="0254" 244 AIR LAWS AND TREATIES OF THE WORLD 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) outside of safety zones, the provincial governor. (3) Permission shall be granted if public interests cannot b0 en- dangered by the model aircraft flight. The provisions of section 128, paragraph 4, shall apply accordingly. Section 130. Taking of .~~erial 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 w-ith 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 Federal Ministry of Nation~il Defense, shall be required, not- withstanding aiiv other leoal pt~visi'ms. With respect to aerial sur- 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) Permissions 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 AIRCRAFT 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 rules and at night, g) `~radio equipment. of aircraft, h) maintenance of aircraft. PAGENO="0255" AIR LAWS AND TREATIES OF THE WORLD 245 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 a.s 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 ca.rriage 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 TRAFFIO Section 135. Search and Rescue Measures. (1) The Federal Civil Aviation Office shaji 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="0256" 246 AIR LAWS AND TREATIES OF THE WORLD 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. Only 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 PRO~EDUR~ 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 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 be met by the responsible officers. PAGENO="0257" AIR LAWS AND TREATIES OF THE WORLD 247 (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- ings 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 ~, 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 (Nationairat) 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 members. . . . (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 39-,737 0-65-vol. 1-17 PAGENO="0258" 248 AIR LAWS AND TREATIES OF THE WORLD 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 chaitman 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 coiivened 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 operatmg regulations (section 74, paragraph 1) and air traflic regulations (section 124) shall not be applicable to miii- tarv 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 th~ 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, para~raph 1, subpara~raphi 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 authorti which ordered the action (section 120, paragraph 1) where- by the presumable flight area shall be indicated. PART X~PENAL I'ROVTSTONS 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 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. PAGENO="0259" AIR LAWS AND TREATIES OF THE WORLD 249 (2) Paragraph 1 shaH 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 indica~ed. 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 shaH be applied to such authorizations. (2) The holder of an authorization specified in paragraph 1 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 shaH not be subject to Federal fees. Section 150. International Air Traffic. (1) Operating rights granted to foreign air transport~ enterprises on the basis of internatioiial 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 ~iirpo~e of operating the inter- national air services specihed in such agreements, shall iiot 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 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 PAGENO="0260" 250 AIR LAWS AND TREATIES OF THE WORLD 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 Goi°rnment 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. (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 Min- istry of the Interior, in concurrence with the Federal Ministry of National Defense, shall be entrusted with the implementation of sec- tion 145, paragraph 2. PAGENO="0261" BELGIUM LAw o~ JUNE 27, 1937, REVI8ING THE LAW OF NOVEMBER 16, 1919, CON- CERNING REGULATION OF NAVIGATION IN THE An~ 1 CITAPTEB I-GENEB.AL 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 ihe 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- cerning air navigation and particularly those in regard to aircraft, flight personnel, 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 Monlteur beIge, July 26, 27. 1937. 2~1 PAGENO="0262" 252 AIR LAWS AND TREATIES OF THE WORLD Article C. Registration of an aircraft in conformity with the 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 transrnit~ 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) abroad, to the nearest Belgian diplomatic agent or career consular agent. One cOpy of such transmittal shall be rec.orded on the regist.er 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 a.ircraft, 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 its absence, with the nearest judicial authority. Such [authority] shall, without delay, transmit one such copy to the King's attorney [pro- cureur dii Roi] and the other to the Minister charged with the adminis- 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 territorie.s under mandate of Belgium, the two identical certified copies shall be deposited with t.he 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 certified copies shall, by the safest and fastest PAGENO="0263" AIR LAWS AND TRJ:ATIES OF THE WORLD 253 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 administration 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 jurisdictioii [over the matter]. The captain shall be the depository of the property left in the air- craft and ensure its preservation until he is oflicially relieved. Article 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. CHAPrER II-CRIMINAL PROVISIONS Article 11. There shall be punished by imprisonment of from one day to seven days and by a line 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 conceriling 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 1~. 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="0264" 254 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 during 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 penaities: 1. Any captain who 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 neeessary 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 suc.h take-off or landin~. 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 a.n 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="0265" AIR LAWS AND TREATIES OF THE WORLD 255 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 a.board 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 wa.s a passenger aboard. There shall always be a prison sentence. Article 20. There shall be punished by imprisonment of from eight days to three years and by a fine, of from t ~venty-six francs to three thousand francs, or by only one of these pena'ties, 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 be 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="0266" 256 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 26. 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. Artiele 26. There shall be punished by a fine of from one hundred francs to 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 penalt.ies.for] any person who participates in such shows, exhibitions, exercises, or demonstrations. Article 2'~. ~ 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 t.he safety of the aircraft or of the passengers; 3. Any pei~oi~ who enters an aircraft either in a condition of drunk- enness, or under the influence of narcotics or gets into such a condition (lurifl~ the fii~ht. In ~he 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 person 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. Ai'ticle 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 acr* leads to the death of a person, the guilty person shall be sentenced to forced labor for life. Ai't;cle 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="0267" AIR LAWS AND TREATIES OF THE WORLD 257 without intent or because of lack of foresight or precautions, commits an act of a kind that imperils persons aboard an aircraft. If bodily injuries result 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 32. 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 wit.h 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 con~ 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, t.he court may decide that Ar- ticle 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 36. Violations committed aboard a Belgian aircraft in flight shall be deemed to have been committed in Belgium and may be pro~uted there even if the accused is not found on the territory of t.he Kingdom. For the prosecution of such violations and of those specified in this law a.nd the ordinances issued for its application, there shall have jurisdiction the King's attorney or the representative o 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="0268" 258 AIR LAWS AND TREATIES OF THE WORLD maimer as if the act had been committed outside the territory of the Kingdom. However, a 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 and the risk of the operator, be detained 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. sa.tisfy the regulations pertaining to air- worthiness or for which fees, taxes, dues, or regulatory charges have not been paid, ma.y also be detaine.d under the conditions determined by the regulations until such regulations have been complied with. Article 38. The office of chief inspertor 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. A rticle 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 re.gistered 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 t.hat 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 t.he law or t.he ordinances issued for it.s application is punished only by police penalties. the violator shall have the right, of immediately paying the maximum fine and costs to the police officer. Such payment shall prevent further proceedings. PAGENO="0269" AIR LAWS AND TREATIES OF THE WORLD 259 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 Kiiigs 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 powers 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, March 26, 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 belge, 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). PAGENO="0270" PAGENO="0271" BOLIVIA DECREE OF OCTOBER 24, 1930, REGVTLATING AIR SERVICE IN THE REP~TBLIC 1 Art. 1. There shall be established as property of the nation, the vertical airspace which covers the surface of the national ter- ritory within its frontiers, and this sovereignty shall extend to the altitude to which the defensive weapons of the country are able to rise. Art. 2. Overflight, taking off, and landing on land or water any- where on the territory of the Republic and its territorial waters by aircraft (Airplanes, hydroplanes, dirigibles, balloons, etc.) shall be subject to the provisions of this decree. Art. 3. Aircraft presently in the country or to be brought in later either permanently or for a minimum period of four months, shall be deemed to belong in the national register and the owners thereof must register them in the manner established by the Ministry of Fom~ento and Communications (Aviation section). The sole fact of belonging to the national register shall annul any previous registration in a foreign country, and registration in an- other country of aircraft belonging to the national register shall only be recognized when they have the country to be transferred to persons or companies located abroad. For legal purposes, the nationality of an aircraft shall be that of the country of regist.ration. National aircraft in actual service must have a registration marking and certificate, a flight permit, and a flight log book (tourist air- craft are exempt from the last requirement) in the regulation from: a) All owners or enterprises whose aircraft are registered in the national register must notify the Ministry of Foi~iento and Com- munications of all accidents of, or serious damage to aircraft in flight, on landing, etc., in order to avoid danger to the lives of the passengers and to safeguard the population. b) To obtain a new registration, the owners or aviation enter- lrises shall present to the Ministry of Fon~ento mci Communica- tions, for its approval, certificates issued by technical experts by which it is clearly shown that the measures taken ~ive full aero- dynamic guarantee of flight safety. In the case of subparagraph a) the Ministry of Fomento and Com- munications may withdraw or cancel the national registration. Art. 4. No foreign military or civil aircraft whose pilots or crews are members of the armed forces or of any branch of the administra- tion of a foreign country may land or set down on water within the borders of the country or on territorial waters of Bolivia, or fly over them without prior authorization from the Executive Power 1 Pub. in Anuario .4dnzinistrativo de 1930. vol. 2. p. 175S. 261 PAGENO="0272" 262 AIR LAWS AND TREATIES OF THE WORLD (Ministry of Foreign Relations). requested through diplomatic chan- nels. If it is granted, the flight crew must keep the documentation in the required clue form. The aircraft shall comply strictly with the established rules. Art. 5. No foreign civil aircraft., i.e., any aircraft which belongs~to individuals, sport or other organizations, or Commercial enterprises, whose pilots or crews consist exclusively of persons who do not belong to any agency or organization of a foreign State, may land or set down on water or fly over the national territory or its territorial waters without prior authorization from the Executive Power (Ministry of Foreign Relations). If granted, it must comply with the established rules and its personnel must. keep the proper documentation in due form. Art. 6. Aircraft belonging to States with which special aviation conve.ntions have been concluded, shall be exempt. from the provisions of Articles 4 and 5. Art.. 7. For the granting of the authorization referred to in Articles 4 and 5, or when national aircraft leave or enter the country, there shall be determined: a) The route to be followed by the aircraft in entering, flying over, and leaving the country. b) The. customs airport or the. place of landing or setting down on water or take-off (if applicable). c) The time permitted to remain in or over the country (if applicable). Art. 8. The a.uthorities which grant authorization to an aircraft to enter or leave the country, shall urgently and with sufficient notice transmit the necessary information to the customs, sanitary and mili- tary authorities concerned so that cash may establish the proper pro- cedure. Art. 9. WThenever an aircraft. in entering or leaving the country has to make. a forced landing on land or water, outside of customs airports or specified landing areas on land or water, and the pilot and the crew snall be responsible for any person leaving the aircraft or cargo, mail, documents or equipment being removed. In such cases the pilot shall advise the nearest. authority, before its arrival, what it will be required to do, and no one shall be permitted to change the location or condition of the aircraft and its contents. Art. 10. No aircraft may fly over cities and important populated areas at less than an altitude which permits, in case of engine failure, to land at a place suitable for landing on land or water. Aircraft shall also be prohibited to execute acrobatics over cities or agglomeration of buildings, or to fly at low altitude over places where there are meetings or public spectacles. Any pilot who wishes to perform an acrobatic exhibition particularly on holidays must obtain a. special permit from the Ministry of Fomento and Communications, and prior thereto must demonstrate his ability to perforn~ acrobatics to a commission and the respective information must be noted in his license. Parachute demonstrations shall be subject to analogous conditions. Acrobatics shall include: looping, rolling, tonneau, immelman turns, flight in inverted position, cork screws, and any combination thereof. Minimum altitude for the execution of acrobatics shall be 700 metres above the airdrome. PAGENO="0273" AIR LAWS AND TREATIES OF THE WORLD 263 Art. 11. Aircraft used for international commercial flights may transport persons, merchandise and mail between one or another coun- tries in accordance with regulations established in each case and ex- cluding domestic traffic on the national territory which shall be re- served to aircraft of national companies. They shall carry a list of the names of passengers specifying their profession and nationality, cargo manifests and, in general, all re- quired documents. Art. 12. It shall be prohibited to any aircraft which flies over the national territory and its territorial waters; a) To keep aboard any photographic equipment of any kind, carrier pigeons, explosives, noxious and other gases, weapons or ammunition of war, radio equipment (except with authorization from the Ministry of Fomento and Communications) subversive propaganda materials, etc. b) To throw from an aircraft. in flight any kind of object which may cause damage or injury, except fine sand and water. Art. 13. On international flights (national or foreign), at leaving or entering the country, the customs, health, police or military author- ities, as applicable, shall in all cases inspect aircraft inside and out- side and ascertain compliance with applicable provisions. Art.. 14. Any aircraft, its crews and passengers, flying over the na- tional territory and territorial waters, whatever its condition, shall be subject to all legal obligations arising from the law of the land; there- fore, the laws on customs, taxation, health, public safety, etc. apply. Art. 15. When an aircraft violates any provision of this decree, it and its personnel, and any other person involyed directly or indirectly in the event, shall be detained by the police, customs, or military au- thorities etc., whichever has jurisdiction or is nearest, and which shall begin the necessary investigation (if possible, within 24 hours). When, because of violations of this decree, several authorities must act simultaneously, the immediate application of penalties most urgently required shall be made by resolution of the following au- thorities in this order of precedence: military, customs, health, police. Pilots who commit a violation shall have their flight permit and the aircraft. registration immediately withdrawii. and immediate tele- graphic notification thereof shall be given to the Ministry of Foinento and Communications. The facts and conclusions of the investigation a.nd the registration of the aircraft shall also be transmitted to the Ministry. If necessary after receiving all facts, the Ministry of Foniento and Communications shall make a final decision concerning t.he situation of the pilot and the aircraft. If a violation during flight is shown, the aircraft shall be made to land or set. down on water by the military or civil authorities by all means of force at their disposal after they have, given the signals pro- vided therefor by the regulation. Art. 16. The Government shall have no liability for damage caused to aeronautical material be~uise of violations of this decree. Art. 17. The Executive Power may grant permits to establish civil pilots' schools, provided the Ministry of Fo-mento and Conimunications approves the technical and professional qualifications of the teaching staff and particularly the qualifications of the flight instructors. Civil pilots who hold licenses issued in other (ountries must obtain the validation thereof from the Ministry of Fomento and Communica- 39-737 0-65--vol. 1-18 PAGENO="0274" 264 AIR LAWS AND TREATIES OF THE WORLD tions in order to exercise their profession arid niust pay*the proper fees. Art. 18. The Ministry of Fomento and Communications will shortly issue appropriate regulations. The Ministry of Fomento and Communications is charged with the enforcement of this decree. OTHER LEGISLATION IN FORGE 1. Decree of October 24, 130 (Anuario Adniinistrativo, 1930, Vol. 2, p. 1758). 2. Decree of August 19. 1932. regulated the importation, exportation and transit of goods and baggage by air (An.uario Ad,nin~strat~.vo, 1932, p. t;01). 3. I)ecree of January 10. 1939. adopts the text of the Regulations for Air Traffic over National Territory in 216 articles (Text not included). ~i ~ i~i~ hi ;.`~t/dt;,O. 1939, Vol. 2, p. 89.) 4. Law of October 23. 1947. creates a Civil Aeronautic Board under the Ministry of Public Works (Anuarlo LegL~lativo 1947 p. 108). 5. Decree 1716 of August 21. 1949. amends Decree 146/44 to the effect that military pilots may ser~ e on commercial aircraft as pilots. (An- ales 1 :29-1949.) 6. Decree 1923 of February 13. 1950. sets up commission, advised by a F.S. Mission on Civil Aeronautics, to study development of aviation. (Ana7e.~ 4 :177-1950.) 7. Decree 2642 of July 23. 1931. approves a contract for complete air transport. services with LAB (Lloyd Aereo Boliviano) in civil and commercial aviation. ( -l ii/~ 11 :425-1 951.) 8. Decree-Law 29T~ of February 14. 1952, fixes rules for approaches and safety zones around airports. (Ana.7es 13 :100-1952.) 9. Decree-Law 3034 of April 5. 1932, provides for licensing of tech- nical and flight personnel in civil and commercial aviation. (Arniles 13 :275-1952.) 10. Decree 3108 of July 3, 1952. creates a committee of study meas- ures to centralize civil and commercial air services within the country on the basis of the L7oi~d ~1reo Bo7;riano. (Anales 14 :98-1952.) 11. Decree 33.~l of May 5. 1933. repeals the law-s of November 22, 1948, December 23. 1949 and .January 10, 1950 and Decrees 2432 and 24~8 of March S and April 9. 1951. and creates new funds to develop civil aviation. Li iiq7e~ 17 :46-1953.) 12. Resolution 57324. of Jvne 30. 1953. approves new- rates for Lloyd lereo Ro7,rmno for passenger fares, freight, excess baggage, etc. (Anale.~ 17:144-4953.) 13. Decree 3512 of October 6. 1953, makes it necessary for a military pilot to have an authorized permit from the National Defense Depart- ment. before he can serve, while inactive, in any government department. or agency in the aeronautical field. (Anales 19 :7-1953.) 14. Decree 4350 of April 27. 1956, creates a central repair shop for aircraft. (A iiale.~ 28 :233-1936.) 15. Decree 3110 of December 9. 1938. provides new schedules of rates ;~nd fees to be charged in airports for use of facilities, which belong to Lloyd Aeieo Ro7h~ii,o. The facilities include use of radio and land- ing services. (A na7e.~ 39 :10!~-1958.) 16. Decree 5356 of September 2, 1960 provides that air carriers in international traffic carry a manifest w-ith specified information, to be delivered to customs authorities in Bolivia. No unloading of cargo, baggage or mail, stamped `Win transit" may be made in Bolivia, except in emergency conditions. (Gaceta Ofleia.l. September 21, 1960.) PAGENO="0275" BRAZIL BRAZILIAN CODE OF THE AIR OF JUNE 8, 1938 (As AMENDED TO 1947)1 DECREE-LAW NO. 483 OF JUNE 8, 1938, 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 with a law for the efficient regulation of civil and commercial aviation: Whereas tile Brazilian law should embody the progress made in civil and commercial aviation throughout tile 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 tile 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 tile 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 tile 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, hut if their consequences touch upon foreign territory, they shall be subject concurrently to the Brazilian laws and to tile laws of tile foreign state. 1 Published iu Di:trio O~cial of June 27. 1935. Par, a of Art. 102. Art. 115, and par. b of Art. 124 have been amended by Law No. 4221, May 5. lOf%1. 2&~ PAGENO="0276" 266 AIR LAWS AND TREATIES OF THE WORLD 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 amended by Decree No. 2.961 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 technical, 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 Government 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; ii) establish rules and principles which are to guide Brazilian delegates at international congresses and conferences on air navigation. .Art. l~. 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="0277" AIR LAWS AND TREATIES OF THE WORLD 267 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 opin ions 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 re~uJations relative to~ 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- mit.ted 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 t.he 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 11-AIRCRAFT ArL 18. For purposes of this Code, an aircraft shall be deemed every and any machine, suitable for transportation1 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 t.he National Armed Forces shall be deemed mil itary; aircraft engaged exclusively in commercial or postal service shall be deemed private aircraft. whe.n 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="0278" 268 AIR LAWS AND TREATIES OF THE WORLD 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 accordance 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. 2T. 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 arid shall be noted in the certificate of registration. CHAPTER Ill-AIRMEN Art. ~8. For purposes of this Code, the commander, pilot, naviga- tor, niehanic, 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 h~nses issued by a foreign gov- eminent 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 IV-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. Roplaced by Law No. 3b 1 d of July 13. 1961 See rnfra.~ PAGENO="0279" AIR LAWS AND TREATIES OF THE WORLD 269 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 aircraft may be established with prior authorization and they shall operate subject to inspection by the competent authority. Sole Paragraph. The authorization may be withdrawn at any time if facts which put in question the safety of air navigation are 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 tile competent authority. Art. 38. Airlines shall be national or international, and tile Gov- ernment shall distinguish them according to kind and their respective routes. PAGENO="0280" 270 AIR - LAWS AND TREATIES OF THE WORLD 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 lumseif over a prohibited area, and who knows of that fact, shall be required to emit a distress signal, a~s 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 ta.ke 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 to 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="0281" AIR LAWS AND TREATIES OF THE WORLD 271 purpose beforehand by the competent authority upon advice of the interested ministries. Art. 48. Air transportation between points within the national terri- 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. Art. 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 lights 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 vII-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 t.ime 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="0282" 272 AlE LAWS AND THEATIES OF THE WORLD Sole Paragraph. The ship's papers, after being examined and visaed shall be returned to the commander or the pilot with the exception of the second (~d) copy of the cargo manifest. Art.. 57. At the first airport at which an aircraft arriving from for- eign territory lands, the competent authority shaH record for customs purposes the 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 ~n 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 he 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 CILAPTER I-TIlE RIGHT OF FLIGHT OVER PRIVATE PROPERTY Art. 61. 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 e.xcept that he has the right of attachment as security for the reparation of dam- ages. if any, caused by the aircraft. ChAPTER lI-SEIZURE AND OTHER PREVENTIVE PROCEDt~RES Art. 6~. The seizure or any other preventive act *in assertion of rights, 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.. 6~2, by means of the securities indicated in Art. 104. Paragraph 1. If the securit.y does not. cover the interest claimed, an interested party may furnish sufficient funds in escrow. PAGENO="0283" AIR LAWS AND TREATIES OF THE WORLD 273 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 aircra.ft 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 se.izure 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 ITT-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 nvtjeure. makes a stop on foreign territory, if otherwise, its departure and destination points are on Brazilian territory. ChAPTER IV-DOC~MENTS OF AIR TRANSPORTATION FIRST SECTION-FLIGHT TICKET Art. 70. In passenger trar~portation, 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 he entitled to avail himself of the provisions of this Code which exclude or limit, his liability. SECOND SECTION-BAGGAGE CHECK Art. 72. With respect to the transportation of baggage, excepting small objects which passengers maintain under their control, t.he car- PAGENO="0284" 274 AIR LAWS AND TREATIES OF THE WORLD rier shall be required to deliver a baggage check executed in two copies, one for t.he passenger and the other for the carrier, which shall state: a) the place and the dat.e 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 validiti of the carriage contract, which shall 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 lirovisions 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 he 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 htding 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; Ic) the number of bills of lading; PAGENO="0285" AIR LAWS AND TREATIES OF THE WORLD 275 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, shall 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 t.he 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 LIABILITY Art. 83. The carrier shall be liable for any damage resulting from the death or bodily injury of a passenger by accidents occumng 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 airj~ort. Art. 86. Air transportation shall not embrace transportation by land, by sea, or on navigable waters, effected outside of an airport. PAGENO="0286" 276 AIR LAWS AND TREATIES OF THE WORLD 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 agent.s to avoid t.he damage, or that it was im- possible to do so. Art. 89. The carrier shall not be liable for his agents in the trans- portat ion 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 neeessary 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- tributiiig cause thereof, his liability may be excluded or reduced. Art. 91. In the absence of an agreement to the contrary, the ha- bilitv of the carrier in the transportation of passengers shall be limited to one hundred thousand ci'uzeiros (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$200.0Q) 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 c.ruzeiros (CrS4,000.00) per passenger, and shall be due upon the latter's claim unless it is contested by the carrier. Art. 92. The nuility of a provision aimed at excluding liability of the carrier or establishino~ a limit lower than that set up in this Code shall not impair the valblity of the contract for carriage. Art.. 93. Whe.n 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 (lay 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="0287" AlE LAWS AND TREATIES OF THE WOELD 277 Paragraph 4. In the absence of protest witliiii the period afore- mentioned, and barring aiiy 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, ba~ga.ge, or mer- chandise, shall be subject to the provisions of this Co~e, which shall be deemed incorporate.d iii the transportation contract. Paragraph 1. In a case of this kind of transportation the passenger or those succeeding to his riglit.s shall have a right of action oniy against the carrier who was effecting the port.ion of tire 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 c.a.rrier, and t.he 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 tire destruction, loss, damage, or delay occurred. These carriers shall be jointly liable to the shipper and the consignee. SECOND SECTION-LIABILITY TO TuRD PARTIES Art. 96. The provisions relative t.o t.he liability of a carrier to third parties, shall embrace any aircraft which operate.s over Brazilian ter- ritory, whether public or private, domestic or foreign. Art. 97. Any damage cause.d by an aircraft in flight, while execut- ing takeoff or landing procedures, t.o individuals or to property on the ground shall give rise to a right of indemnification. Sole Paragraph. Such liability may he 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 of jettisoning as required by the regulations, or as a result of force ma jeure. Art. 99. Damages caused by an aircraft while resting on the ground shall be governed 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 iiame 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 perpetrated by an unknown person upon equipment riot. in use and which 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). ¶n the case of physical injury or death, to a maximum re- covery of one hundred thousand c.ruzeiros (Cr$100,000.00) for each person; PAGENO="0288" 278 AIR LAWS AND TREATIES OF THE WORLD 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 th~ 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 direc.t claim upon the security furnished by the party respon- sible within the limits of the amount to which he is entitled. CHAPTER VI-AVLtTION 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="0289" AIR LAWS AND TREATIES OF THE WORLD 279 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 (3%) 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- aiice 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$500,000.00). 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 indeninity, it shall be replenished to the established amount. ChAPTER Vu-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 J~receding 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 liabilit.y 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 consideqttion. 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. 39-737 O-85-vol. 1-19 PAGENO="0290" 280 AIR LAWS AND TREATIES OF THE WORLD 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 shaH 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, t.he 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~100,0O0.00) 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 involving air mail, the carrier thereof shall contribute an amount proportionate to the charges. CHAP'rER vIII-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 aboard, 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 t.o the operator of the aircraft at fault.. Art.. 129. Whoever has t.he 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 t.he airc.raft in collision be at fault, t.he 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 liabilit.y shall be divided equally. Art.. 131. Notice of the collision to the authorities at the airport nearest to the acc.ident 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 t.he 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. PAGENO="0291" AIR LAWS AND TREATIES OF THE WORLD 281 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 t.o 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 obstacles having a higher altitude. Paragraph 4. The limitations of the area*s and of the obstacles may oniy 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 syst.e.m 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 prevent 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 ATRCRAFr Art. 137. Aircraft may be the object 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 require a notarized inst rument~. Art. 138. Aircraft which are subject to mortgage in this country shall not be capable of conveyance outside the country withQut 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="0292" 282 AIR LAWS AND TREATIES OF THE WORLD 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 t.heir recordation. Art. 144. An aircraft w-hich belongs to tw-o 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 t.he part. of the creditors; c.) by the extinction of the principal obligation; d) by judicial discharge or court. decision. CHAFfER XI-FLIGHT CREW Art. 147. Only native Brazilians on duty with the military service, or naturalized citize.ns who have been in the military service of Brazil, may carry out professional functions on a national aircraft. Sole Paragraph. The exercise of those fimct.ions, 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 intended for service as a commercial carrier shall have on board a technician vested with the powers of comman- der, in t.he 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 a.ircraft, 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 t.he 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 ha.ve 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="0293" AIR LAWS AND TREATIES OF THE WORLD 283 Aft. 152. As the representative of the owner, carrier, or operator, the commander of the aircraft may, without special authorization, and notwithst.anding 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; (1) 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 t.o in Article 24 of this Code. Art. 154. The powers of cornmande~ 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 au~iorizat.ion, carry out any measures necessary therefor 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. CHAP1'ER XII-cAUSES OF A~rION 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 (late 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 ac.tions for compensation in cases of aid or rescue: from the corn plet.ion of the service: c) in actions involving builders, engineers and arci~itec.ts: 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 admi n ist ra.t ion. Paragraph 2. If the party in interest proves that. he does not have knowledge of the loss, or of the 1e1~soII liable therefor, within PAGENO="0294" 284 AIR LAWS AND TREATIES OF THE WORLD 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.OO), 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 muje?tre: 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 t.he 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 rene.w'd; e) pilots or mans an aircraft without. the necessary ~rt.ificate 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 (CrS1,000.0O) to three thousand c.ruzeiros (Cr$3,000.OO) and in addit.ion 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 t.he preceding articles have reference, by an aircraft belonging to the same owner, carrier or operator, t.he certificate of airworthiness may be withdrawn. Art. 164. There shall be imposed a fine of from two thousand cru- zeiros (CrS2,000.00) to five thousand cru.zeiros (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; c.) 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="0295" AIR LAWS AND TREATIES OF THE WORLD 285 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 jettison ing; 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$5,000.0O) to ten thousand cruzeiros (Cr$1O.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 cru- zeiros (Cr$1O,000.00) to fifty thousand cruzeiros (Cr$50,000.00) upon any person who: a) pilots over national territory, without. sl)ecial 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 transport a- 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 1)en- 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 DECREE No. 46,124, DATED THE 26TH DAY OF MAY, 1959 1 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 Di~rlo Oñcial, May 29. 1959. PAGENO="0296" 286 AIR LAWS AND TREATIES OF THE WORLD 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 AIRCRAFr 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 airc.raft 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 t.he point of entry on the l)order 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 a.nd 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- ra.tions, when t.he 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 t.hat. effect from the commander as sufficient evidence that the aircraft has unde.rtaken 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 a.ircraft registered in a.ny of the count.ries which a.re 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="0297" AIR LAWS AND TREATIES OF THE WORLD 287 Sole Paragraph. Where an aircraft is registered in a non-member country, such aircraft shaH 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. CHAFFER HI-CONSIDERATIONS APPLICABLE EQUALLY TO AIRCR~Arr 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="0298" 288 AIR LAWS AND TREATIES OF THE WORLD 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 aircraft 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) t.he certificate of registration of t.he aircraft; b) the certificate of airworthiness of the aircraft; c) the license of eac.h 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 th~t 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 OF AN AIRCRArF 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="0299" AIR LAWS AND TREATIES OF THE WORLD 289 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 l)ased. 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 des1gnated 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 setS out in the authorizations granted. WThen 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 t.he aircraft and/or its commander for violation of laws, regulations, or rules pertaining to air traffic; e) t.he 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="0300" 290 AIR LAWS AND TREATIES OF THE WORLD 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 BRAZIL Article 12. Upon departure from the customs airport of entry, all flights by foreign aircraft shall follow the'ffight 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- tit.ion with the Directorate of Air Routes setting fort.h 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 T)irectorate., upon examination of the particular case, judges that the flight is inadvisable due to unsa.fe conditions under which it would have to be carried out. Article 14. At every airport where a foreign aircraft lands, t.he 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 t.he ground (Art.icle 7, paragraphs b, c, and d) as well as whether the period of stay is still unexpired. SECTION D -DEPARTURE 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 t.he police, cus- toms and health authorities, and such fact shall be immediately corn- munic.ated 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="0301" AIR LAWS AND TREATIES OF THE WORLD 291 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 ma.y be deemed suitable. Article 17. In 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 beapproved (Article 13). Article 19. This Decree shall take effect after the legal waiting 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="0302" 292 AIR LAWS AND TREATIES OF THE WORLD OTHER LEGISLATION IN FORCE 1. Decree 8.353 of December 9, 1941, approves air traffic regulations. (Diarlo Oflcia7. February 28, 1942.) 2. Ordinances 286 and 287 of July 31, 1946. contain instructions con- cerning flights over Brazilian territory by foreign aircraft, not engaged in international service, and also for securing of authorization to make experimental flights over such territory by aircraft belonging to inter- national airlines. (Diario Ofie1a7. August 3, 1946.) 3. Decree-Law 9.861 of September 13, 1946, amends Article 147 of the Air Code, of 1938. (Diarlo Oficial. September 16, 1946.) 4. Ordinance 43 of the Air Ministry, dated February 22, 1947, gives instructions on obtaining licenses for civilian flying by aliens who are resident in Brazil. (Diario Ofiea.7. February 25, 1947.) 5. Decree 24.749 of April 5, 1948 approves the regulation covering Investigation Services on Aircraft Accidents. Amended later by Decree 26.511 of March 26, 1949. 6. Decree 26.511 of March 26, 1949, amends Article 4 of the~ Regula- tion approved by Decree 24.749 of April 5, 1948, setting up an Acci- dent Investigation Service for Aircraft Accidents. (Diario Oficial, March 29, 1949.) 7. Decree 27.001 of August 3. 1949, adopts regulations implementing organization and functions of the Personnel Administration for Aero- nautics. (Diario Ofieiiil. August 5, 1949.) 8. Decree 27.353 of October 21. 1949, creates a commission for the study of international air travel, as a part of the Air Ministry. (Diaro Oficial, October 25, 1949.) 9. Law 960 of December 8. 1949, restricts the operation of air serv- ices to duly licensed companies. (Dii,rio Oficial. December 15, 1949.) 10. Ordinance 168 of July 12, 1950, of the Air Ministry, gives in- structions on the control of the practice of stop-overs and interrupted trips in international flights over Brazilian territory. (Diario Oficial, July 18. 1950.) 11. Ordinance 228 of September 23. 1950, approves instructions for the operation of air taxi and non-schedules air transport services by individuals and private companies. These are non-scheduled in the sense that they do not maintain or advertise regular flying schedules or itineraries, nor charge same rates or fares as established commercial, airlines. (Diario Oficial, October 6, 1950.) 12. Ordinance 132 of June 10, 1950, deals w-ith recommendations issued by the Air Ministry for the observance of air regulations es- tablished by clauses of the International Civil Aviation Convention, held in Chicago. on December 7. 1944. (Piano Oficial, October 11, 1950.) 13. Law 1.396 of July 13. 1951, gives new wording to Article 49, of the Brazilian Air Code, adopted in 1938. The article deals specifically with aerial photography. (Piacio Oflcia7. July 24, 1951.) 14. Decree 31.402 of September 8. 1952, approves the regulations on aviation personnel. (D i,o Ofieml. September 24, 1952.) 15. Decree 32.040 of December 31, 1952, covers procedures to be followed and instructions to be observed in dealing with passengers arid crews of international aircraft, and includes forms to be used for data on passengers and freight. (Dkinio Oficial, January 5, 1953.) PAGENO="0303" AIR LAWS AND TREATIES OF THE WORLD 293 16. Ordinance 77 of February 19, 1953, of the Air Ministry, sets forth new standards to be observed in the granting of licenses for service by regular airlines. (Di4'irio Ofiekil. February 21, 1953.) 17. Law 1.815 of February 18, 1953, grants exemption from all taxes, except income taxes, to national airlines, and at the same time permits them to import aircraft, assembled or riot, engines, parts accessories, aviation gas and other materials, free from duties and excise taxes. Also suspends until December 31, 1955, the charging of fees for land- ing and use of airports. On a reciprocal basis, some charges are sus- pended with respect to foreign aircraft. (mario Oficial, May 21, 1953.) 18. Decree 33.217 of July 1, 1953, adopts regulations to Law 1.815 of February 18, 1953, concerning exemptions from payment of taxes in favor of national airlines. There are also provisions on discounts of cost of air passage and other details. (Diarlo Oficia.l, July 3, 1953.) 19. Decree 34.701 of November 26, 1953, organizes a Technical Cen- ter of Aeronautics, within the Ministry of Aeronautics, to function as of January 1, 1954, for scientific research and study leading to gradu- ate degrees proper to national aviation, and particularly for the Air Force. (Dkirio Oficial, December 2, 1953.) 20. Decree 34.844 of December 28, 1953, amends the Regulations on Aviation School, approved by Decree 30.698 of April 1, 1952. (Diario Oficial. December 30, 1953.) 21. Law 2.156 of January 2, 1954, provides for airmail service, both domestic and international, by use of national and international air- lines. (Diarlo Oficial, January 6. 1954.) 22. Decree 35.514 of May 18, 1954, sets forth the conditions under which foreign commercial airline companies may obtain authorization to operate in Brazil. (Diario Oficial. May 20, 1954.) 23. Decree 33.648 of August 25, 1953, promulgates the Geneva Con- vention of June 19, 1948, on the International Recognition of Rights in Aircraft. (Diaro Oficial, September 1, 1954.) 24. Decree 36.901 of February 14, 1955, provides that the sale or transfer of shares in national airline companies to a foreign corpora- tion; to another air transport company. or to any individual or com- pany where the transfer involves the majority of the voting stock, must always have prior authorization of the Air Ministry. (Diario Oficial. February 18, 1955.) 25. Decree 38.089 of October 13, 1955, adopts courses of vocational training for commercial pilots. (Diario Ofic~~a7, October 17, 1955.) 26. Decree 40.043 of September 27, 1956, adopts an internal regu- lation for Aeronautical Services to define and organize the services. (Diario Oficial. October 4, 1956.) 27. Law 3.039 of December 20, 1956. grants financial aid over a period of five years to aviation companies which operate within the boundaries of the nation, for the purpose of reconditioning flight equipment. (D~~ai~io Oficia?, I)ecernber 20, 1956.) 28. Decree 42.218 of September 3, 1957, adopts regulations for finan- cial assistance to national enterprises holding licenses for scheduled air lines, as provided in Law- 3.039 of December 20, 1956. (Diario Oficial. September 4, 1957.) 29. Decree 42.315 of September 20. 1957. approves the regulation on financial aspects of enterprises dealing in air-taxi services, according PAGENO="0304" 294 AIR LAWS AND TREATIES OF THE WORLD to Law 3.039 of December 20. 1956. (Diarlo Oficial. September 24, 1951.) 30. Decree 45.975 of May 11, 1959, approves the regulation of the Office of General Inspector of Aeronautics (Inspetoria Geral de Aero- náutica). (Boletin Oficcil, May 15. 1959.) 31. Decree 46.124 of May 26, 1959. establishes the procedure for the entrance into or flight, over Brazil, by foreign non-scheduled aircraft. (Diario Oficial. May 29. 1959.) 32. Decree. 47.016 of October 19, 1959, regulates the rates to be charged by scheduled airlines, as authorized by the Air Code of 1938 (Article 37). Discounts, rebates, or any direct or indirect changes in rates are forbidden, among other measures. (Diario Oficial, October 23, 1959.) 33. Dec.ree 47.584 of January 4, 1960, amends the Regulation on the. School of Aeronautics, approved originally as Decree 30.698 of April 1. 1952. The amendments affect various courses of instruction, cadet applications. etc. (Diaiio ofic;~l. January 25, 1960.) 34. Decree 47.832 of March 4, 1960, amends the Regulation on the School of Aeronautical Specialists, adopted originally as Decree 31.951 of December 18. 1952. (Diai~io Oficia7, March 10, 1960.) 35. Decree 48.014 of April 5, 1960. approves the Regulation on the Diretoria do Material da Aeronautica.. under the Ministry of Avi- ation. It is chiefly responsible for acquiring, storing, repairing, manufacturing, selling and buying. etc. all supplies and parts for air- craft. Cooperation is maintained with the Air Force on this matter. (Diario Oficial. A1)ril 13, 1960.) 36. Decree 59.621-B of December 29, 1960, regulates the procedure and clocumentat ion required by international flights. (Dia~io 0 ftc/al. .Januarv 9, 1961, corrected January 18. 1961.) 37. T)ecree 50.660 of May 29. 1961, regulates requirements for all flight personnel. (Diar;o Oficial. May 29, 1961, corrected June 28, 29, 1961.) 38. Law 3.916 of July 13, 1961, amends Articles 22 of Decree-Law 483 of June 8, 1939 (Brazilian Aviation Code) concerning registra- tion of aircraft in the Brazilian Aviation Registry (Diario Oficial, July 13, 1961, corrected July 14, 1961.) Law No. 3.916 of .Julv 13, 1961 1 changes the wording of Article 22 of Decree-Law No. 483 of ,June 8, 1938, the Brazilian Air Code, and for other purposes. Art. 1. Aircraft may only be registered in the Brazilian Aviation Register as private aircraft when it is owned: a.) Vetoed 2 b) by legal persons, constituted in Brazil, with their head- quarters in this country, with exclusively Brazilian management, and at least 80% (eighty per cent), of the capital, as represented by stock with voting rights, belonging t.o Brazilians. Sole Paragraph. Vetoed. Art. 2. In the case of legal persons, organized as stock corporations, the stock must be. nominative as defined by the law. Sole Paragraph. Within a period of six months from the effective date of this law-, all corporations referred to in Article 1 must convert `Pub. i'~ J)iario Ofi~ia1. July 1~1. 1961. 2The original subpar. (a) of Art. 22 remaIns In force. PAGENO="0305" AIR LAWS AND TREATIES OF THE WORLD 295 stock made out. to bearer into nominative stock under penalty of can- cellation of the registration of aircraft belonging to them, except that in the case of force majeure. as determined by the Ministry of Avia- tion, an extension of another six months may be granted. Art. 3. Beginning with the date of this law, stock with voting rights may be transferred only to Brazilians even when it was included within the limits permitted to foreigners. The corporation shall re- quire from the transferees proof of their nationality and shall notify the Ministry of aviation thereof with proper verification, for approval of the transfer. Art. 4. Ownership in stock referred to in Article 2 shall be estab- lished exclusively by recordation in the registry referred to in Article 25 of the Decree-law No. 2627 of September 26, 1940. Recordation shall include the nationality of the stockholder and the. documents which contain such proof and which shall become part of t.he archives of the corporation. Sole Paragraph. Any subscription, sale or transfer of stock made in disregard of Article 1 of this law shall be null and void, as shall be any agreement. or declaration affecting rights in any stock by persons prohibited to acquire stock, as well as by any representative or delegate of persons not included within the limits established for the efficiency and assurance of control of the corporation through the majority of the capital belonging to Brazilians. Art.. 5. Stock with voting rights may not be given in pledge or as security to persons prohibited to acquire it. and who may not be owner of record of any rights in it. whatever the nature of such rights may be or the manner in which they are created. Art. 6. In cases of transfer by death, in the absence of a Brazilian spouse, heir, or legatee, to whom the securities may i~e transferred or when the By-laws fail to assure, in some other form, the transfer to qualified persons in accord with the provisions of this law, the stock shall be. sold on the stock exchange and the purchaser shall prove that he is qualified to make such purchase under this law. Art.. 7. WThen the stock referred to in Article 2 has been converted [from bearer to nominative] or when existing shares are already nom- inative, the Ministry of Aviation shall make a survey within a period of 90 (ninety) days to verify the existence or the conversion of the stock in order to ascertain the exact amount of stock of the total capital with the right to vote in the corporation belonging to Brazilian stockholders and to foreign stockholders. ~ 1. When it. is shown that the amount. of stock belonging to foreign stockholders exceeds the limits e.stal)lishedl in this law, the Ministry of Aviation shall request the corporation to make a study and to pro- pose a plan to adjust its capital to the requirements of this law. ~ 2. When the plan presented does not merit approval, or is not prac- ticable, or has not been carried out, the Executive Power shall be authorized to proceed to expropriation or purchase of the excess stock (Vetoed). ~ 3. Stock deemed as exceeding the limits shall he reported in pro- portion to the stock belonging to foreign stockholders. § 4. The Executive Power shall submit to the National Congress a draft of an authorization for the opening of a credit necessary to put (lie operation into effect. 39.737 O-65-voi. 1-20 PAGENO="0306" 296 AIR LAWS AND TREATIES OF THE WORLD Art. 8. Only enterprises established in the manner provided for in Article 1 of this law may receive, subsidies or financial advantages as 1)Iovided for by law. Art. 9. Vetoed. Art. 10. This law shall enter into force on the date of its publication. Provisions in conflict herewith are hereby abrogated. 39. Decree 59.621 of December 29, 1960, regulates the procedure and documentation which is required for rnteriiational flights. (Daric Oficial. January 9, 1961.) 40. Decree 225 of November 24, 1961, orders application in Brazil of the ~Rules and Recommendations of Annex 9, of the International Civil Aviation Convent ion" concerning facilities for international air transport. (D~~ii'io 0/k/al. November 27, 1961.) 41. Legislative Decree. 13 of November 28, 1961, and Decree 52.019 approve and ratify the Rome Convention of October 7, 1952, con- cerning damages caused by foreign aircraft. to third persons on the ground. (I)'~ii-o 0fici~i/. November 29. 1961.) 42. Law 42()0 of ~ebriiary 5. 1963, adopts measures to aid and sub- sidize the air transport industry. Regulation approved by Decree 52.347 of August 12, 1963. Amended by Decree 52.692 of Octo- ber 15, 1963. (J)Si,o Oflckl. February 18, August 13 and August 14, 1963.) 43. Decree 51.724 of February 19, 1963, establishes the basic struc- ture of the regional aeronautical units, establishments and services. (Dk~;o Ofiekl. Fel.)ruarv 2~, 1963.) 44. Decree 52.693 of October 15, 1963. approves the National Inte- gration Plan referred to in Law 4200 for assistance to the aviation industry, and its Regulation. (n;d!1~;o 0/k/al. October 16, 1963.) 45. Law 4.252 of August 10, 1963 and Decree 53.077 of December 4, 1963, provide for division of the territory of the country into s~x aerial zones ([)kik Ofickl. August 14 and December 5, 1963.) PAGENO="0307" BULGARIA LAW ON CIVIL AVIATION I I. GENERAL PROVISIONS Sec. 1. The present Law shall have the purpose of contributing to the development of civil aviation in the PRB [People's Republic of Bulgaria], to the promotion of flight safety, to the fulfillment of transport plans and other economic and cultural tasks, to the further expansion of cooperation with the socialist, countries, as well as to the development of economic and cultural ties with other states. Sec. 2. The People's Republic of Bulgaria shall have full and ex- clusive sovereignty over the airspace above its territory, including that above its territorial waters as determined by its legislation and by the international treaties to which it is a party. Sec. 3. The airspace of the People's Republic of Bulgaria shall be divided into: (a) free areas in which any flying activity may be conducted in accordance with the requirements of the, laws of the People's Republic and the international treaties to which it is a party; (b) restricted areas in which flying of civil aircraft shall be prohibited. These areas shall be determined by the Council of Ministers at the. recommendation of the Ministry of National Defense and the Ministry of Transport and Communications. Civil aircraft may be flown in prohibited areas with the permis- sion of the Ministry of National Defense. The areas shall be determined by the Council of Ministers at the recommendation of the Ministry of National Defense and the Min- istry of Transport and Communications. Sec. 4. Supervision over civil aviation with respect to observance of flight rules in specific areas and the security of the country shall be exercised by the Ministry of National Defense and the Ministry of the Interior in compliance with an ordinance approved by the Council of Ministers. Sec. 5. Civil aviation shall include all flying except by military aircraft and by aircraft. ensuring public order. Civil aviation shall be used for: (a) air transport. of passengers, luggage, freight and mail throughout the country and abroad; (b) serving agriculture and forestry and other branches of the economy; (c) geological, geographical and other scientific research, as well as for taking aerial photographs; (d) rendering first medical aid and other public health and sanitary applications; (e) cultural-educational needs: `Durzhaven Ve8tnik (Official Gazette), No. 1, January 4, 1963. 297 PAGENO="0308" 298 AIR LAWS AND TREATIES OF THE WORLD (f) combatting fires, floods and other natural calamities; and (g) personal needs. Air transport of passengers, luggage, freight and mail shall be carried out by virtue of transport contracts in conformance with the legal provisions in force. Contracts concerning the aviation matters listed under letters "b", "c", "d", "e", and "f" shall be concluded in compliance with the condi- tions provided in model contracts or in the general conditions approved by t.he Minister of Transport and Communications, and by the head of the department, to which the respective economic and cultural activity belongs. The aviation activity of the Voluntary Organization for Assistance of the Defense shall be determined by a regulation approved by the Council of Ministers. Sec. 6. The Ministry of Transport and Communications shall exer- cise control over all civil aviation activity and over all civil aircraft and equipment regardless of jurisdiction and ownership. It shall issue regulations binding on all departments, enterprises, offices, organi- zations and persons concerned with the technical operation of civil air- craft., civil airports and airfields and the flights of civil aircraft; [the Ministry] shall approve standards for the design and construction of civil airports and airfields in conjunct.ion with the Ministry of National Defense. Sec. 7. Civil aircraft, devices and equipment as well as land, struc- tiires and ground installations serving civil aviation shall be property of the State. They shall be operated by the civil aviation agency at the Ministry of Transport and Communications, and shall form its basic means. The civil aviation agency at. the Ministry of Transport and Com- munications shall have t.he exclusive, right to conclude contracts on air transports in the country and contracts for performance of other works and services for payment. With the consent of the Ministry of Transport and Communications, other State agencies and enterprises may keep civil aircraft, devices and equipment for their own needs, without performing for payment any aviation activities or services for other agencies, enterprises, organizations, or persons. With the consent of the Ministry of Transport and Communications, cooperative and public organizations may possess and operate civil aircraft for their own needs. Wit.h t.he permission of the Ministry of Transport. and Communi- cations, Bulgarian citizens may possess civil aircraft for personal use. Sec. 8. Bulgarian transport, customs, currency, sanitary, quarantine and other legal provisions concerning entry into, and departure from the country, import and export of property, as well as transit through the territory of the People's Republic of Bulgaria, shall apply to civil aircraft, their crews and passengers arriving in, or departing from the People's Republic of Bulgaria, as well as to property imported or exported by aircraft. II. CIVIL AIRCRAFT Sec. 9. Civil aircraft are all aircraft. except those under the juris- diction of the Ministry of National Defense and the Voluntary Organi- zation for the Assistance of the Defense. PAGENO="0309" AIR LAWS AND TREATIES OF THE WORLD 299 Sec. 10. The Ministry of Transport and Commimications shall determine the technical conditions whicli nnist be met and the signs which must be shown by civil aircraft used in the People's Republic of Bulgaria, a~s well as the procedure for issuing certificates of air- worthiness. Civil aircraft may be allowed to fly only after establishing that they meet all requirements for flight safety. Sec. 11. All civil aircraft shall be registered in the register of the civil aircraft of the People's Republic. of Bulgaiia maintained at the Ministry of Transport and Communications. The procedure for making entries in the register, the data required for registration, the procedure and conditions for making inquiries about the register, and the procedure and circium~tances of cancellation shall be determined by an ordinance of the Minister of Transport and Communications. Sec. 1~. On the basis of the registration of each aircraft a "certi- ficate of registration" shall be issued which establishes its Bulgarian nationality and certifies the ownership of the aircraft, whether it is the ~ropert.y of the State as basic means of a State enterprise, of a public or cooperative organization, or of an individual citizen. A registration mark shall be assigned on registration of civil air- aircraft. Sec. 13. Each civil aircraft. entered in the register of civil aircraft. of the People's Republic of Bulgaria shall hear clearly visible marks of nationality and registration, and the. national flag of the People's Republic of Bulgaria, in accordance with an ordinance of the Ministry of Transport and Communications. Civil aircraft used for sanitary purposes must bear a Red Cross sign in accordance with the requirements of international conven- tions. Sec. 14. Bulgarian civil aircraft may only be registered in another country if their registration is first stricken from the register of civil aircraft of the People's Republic of Bulgaria. Sec. 15. Civil aircraft may be allowed to fly oniy if the following documents are aboard: (a) certificate of registration, (b) certificate of airworthiness. (c) license for the radio equipment on l)oard, (d) approved flight plan, (e) log book, a.nd (f) other documents as determined by the Minister of Trans- port. and Communications. III. FLIGhT PERSONNEL Sec. 16. Persons who perform flight, duties in civil aviation shall be considered civil aviation flight personnel. The Ministry of Transport and Communications shall maintain the register of civil aviation flight personnel. The manner of maintain- ing the register and the conditions for registration and cancellation shall be determined by the Minister of Transport and Communications. Sec. 17. Civil aviation flight, personnel must have Bulgarian citi- zenship and a document of aviation competency (brevet.). PAGENO="0310" 300 AIR LAWS AND TREATIES OF THE WORLD In certain cases, upon permission of the Ministry of Transport. and Communications in conjunction with the Ministry of the Interior, for- eion citizens may work in civil aviation. ocurnents of aviation competency of flight personnel shall be is- sued and cancelled in a manner prescribed by the Ministry of Trans- Port and Communications. Sec. 18. Flight personnel of foreign aircraft in flight over the territory of the People's Republic of Bulgaria must have documents attesting to their aviation competency issued or confirmed accord- ing to the regulations in the country in which the aircraft has been registered In such case, documents of aviation competency shall be recognized as valid on the basis of reciprocity between the. two countries provided the requirements made on the persons to whom the documents are issued are similar or exceed established international minimum stand- ards. Sec. 19. Civil flight personnel participating in the operation of aircraft (pilot, navigator, flight. radiotelegrapher, board teclmician and other persons designated by an order of the Minister of Transport and Communications), together with the persons who perform auxili- ary work aboard during flight (stewards and others) shall form the crew of a civil aircraft. The composition of the crew shall be determined in accordance with the type of the aircraft and the nature of the flight. Flights with incomplete crew shall be forbidden. Sec. 20. Every civil aircraft in flight shall be directed by a. com- mander who must have the specialty of flyer-pilot, with enough experi- ence and skill to permit independent direction of the aircraft concerned. The commander shall be in charge of the aircraft entrusted to him from the time of the assi ilment of the flight task until the time of its termination. He shall be responsible for preliminary preparations and the performance of the flight in accordance with the established rules in regard to the preservation of the aircraft and the lives of the persons aboard. The commander shall observe the laws and ascertain that the other members of the crew and the passengers observe the laws. Orders of the commander of the aircraft pertaining to the flight, and to the observance of the established order on board shall be binding on all persons on the aircraft. The commander of an aircraft. may take any necessary measures against persons who do not follow his orders, including putting them off the aircraft at an airport en route. In case of a birth or death on I)oard during flight, the commander of the aircraft. shall immediately inform the proper People's Council if the aircraft lands on the territory of the People's Republic. of Biil- garia, and if it lands abroad, the Bulgarian diplomatic or consular representative. Sec. 21. Duties of members of the crew of civil aircraft shall be determined by the Minister of Transport. and Communications. Iv. AIRPORT AND GROFND EQFIPMENT FOR FLIGHT SAFETY 4~ec. 22. Taking off and landing of civil aircraft shall be carried out on fields designated for that. purpose. airports or airfields, depend- ing upon the type of t.he plane and the nature of the flight. PAGENO="0311" AIR LAWS AND TREATIES OF THE WORLD 301 By way of exception, civil aircraft may land and take off at any other place: (a) in case of an emergency landing, under the circumstances set forth in the regulations on organizing and conducting civil aviation flights, and (b) when carrying out special assignments. Sec. 23. The conditions which must be met by airports, airfields and ground installations serving civil aviation, as well as the manner of using the latter, shall be determined by the Minister of Transport and Communications. The opening of civil airfields for use and the closing thereof shall be executed by order of the Minister of Transport and Coinmunica- tions in conjunction with the Committee on Architecture and Improve- inent at the Council of Ministers and the Ministry of National Defense. The designation of airfields and the closing thereof shall be executed by order of the Minister of Transport and Communications after co- ordination with the ministries and the departments concenied, and with the district People's Council on whose territory the airfield shall be opened. Sec. 24. The establishment, maintenance and guarding of airfields shall be done in compliance with the instructions of the Ministry of Tra.nsport and Communications and of the district I'eople's Councils on whose territory they are located. Sec. 25. The Ministry of Transport and Communications shall de- termine protective areas to assure flight safety and proper functioning of airfields and ground equipment. No construction works of any kind shall be permitted in protective areas without prior consent of the Ministry of Transport and Commu- nications. Pursuant to regulations, approved by the Minister of Transport and Communications, restrictions or prohibitions may be introduced in such areas in regard to the building of houses, chimneys and structures above a predetermined height, the building of aerial electrical and telephone lines, the concentration of large quantities of metals, the building of underground cables, irrigation systems, and the like. The Ministry of Transport and Communications may force the owners of certain buildings or installations to equip them with pre- scribed lights or other markings. Sec. 26. Instructions concerning land used for civil aviation shall apply to water landing areas, as well as to all other water areas used for civil aviation. V. FLIGHTS Sec. 27. The traffic of civil aircraft over the territory of the country shall be organized, directed and controlled by the Ministry of Trans- port and Communications. Sec. 28. The Ministry of Transport and Communications shall issue regulations for organizing and conducting flights of civil air- craft which shall be binding on all civil aircraft flying on civil air routes (corridors), and in the areas of civil airports. Flights along air routes and over areas of civil airports shall be permitted only at. places and altitudes determined jointly by the Ministry of Transport and Communications and the Ministry of National Defense. PAGENO="0312" 302 AIR LAWS AND TREATIES OF THE WORLD Sec. 29. Flights in the air space of the People's Republic of Bul- garia shall be performed only in the area of airfields and along civil air routes determined by the Ministry of Transport and Communica- tions in conjunction with the Ministry of National Defense. The performance of flights outside these routes and areas shall be permitted by authorization from the Ministry of National Defense. Sec. 30. Flights along air routes may be scheduled or non-scheduled. Scheduled flights shall be performed according to a fixed time-table. Sec. 31. Flights are deemed: (a) domestic, when civil aircraft fly within the boundaries of the country; (b) international, when a Bulgarian or foreign aircraft crosses the frontier of the country. Sec. 32. The flight of a civil aircraft may be performed only with permission from the airfield chief after the prescribed preliminary preparation and after a check on the condition of the aircraft, its crew, the ground devices for ensuring its safety, and the meteorological conditions. Sec. 33. in case of a flight over inhabited areas and over large groups of people, civil aircraft must fly at such an altitude as to be able to land safely with engines stopped on an airfield or away from the inhabited area. Sec. 34. During flight, any action on board a civil aircraft that might endanger the flight safety or the life or property of other persons shall be prohibited. Dropping of objects from aircraft during flight shall be prohibited except in case of emergency or accident. Taking still or motion pictures aboard civil aircraft shall not be permitted except with permission of the Ministry of the Interior. Sec. 3~5. The commander of a civil aircraft which deviates from the specified air route must correct the direction of the flight immediately after he becomes aware of it or is notified of it. If he is ordered to land, he must land at the place to which he is directed, or if no such place is designated, at the nearest place suitable for a safe landing. Sec. 36. Civil hydroplanes, when standing on, or moving over water areas, must comply with the instructions applicable for oceangoing a.nd river ships. Sec. 37. Pilotless aircraft may be allowed to fly by permission of the Ministry of Transport and Communications and the Ministry of National Defense. Sec. 38. Flights of foreign civil aircraft over Bulgarian territorynot subject to international conventions or agreements may be made on the basis of prior permission of the. Ministry of Foreign Affairs, with the consent. of the Ministry of National Defense, the Ministry of the interior, and the Ministry of Transport and Communications. Sec. 39. Any foreign aircraft which has suffered a crash or damage in the country must be test-flown under regulations approved by the Ministry of Transport and Communications before continuing its flight. VI. AID AND RESCUE Sec. 40. A commander of a. civil aircraft who discovers or receives signals, that. another aircraft is damaged, or is in danger, must give aid PAGENO="0313" AIR LAWS AND TREATIES OF THE WORLD 303 without endangering his own aircraft or the persons on it, and must immediately inform the proper authority in charge of directing air- craft traffic. Sec. 41. A commander of a civil aircraft in dist.ress must take all measures to rescue the life of the people, the aircraft and the property on it. He may leave the aircraft last, after the passengers and the crew. Sec. 42. In case of military or provocative actions, the commander of a civil aircraft must take all measures to prevent its seizure and to rescue the passengers, the crew, the cargo, the property, the board documents and the aircraft itself. Sec. 43. In case of a crash or an emergency involving a civil air- craft, all departments, people's councils, enterj)rises, offices, organiza- tions and citizens must render the necessary a~d and assistance to the crew and the passengers. They must also render such aid and assist- ance in case of the crash or distress of a foreign aircraft.. Sec. 44. In case of damage to, or the crash of a civil aircraft, an investigation shall be made according to regulations issued by the Minister of Transport and Communications. Sec. 4~5. The regulations governing the aid and rescue of oceangoing or river ships shall apply to aid or rescue of a civil aircraft on a water surface. vii. PENALTIES See. 46. Violations of the provisions of this Law, or of regulations, ordinances, etc., issued for the implementation of this law, shall be punishable by a fine up to 100 leva, if such provisions refer to flight safety; for all other violations, the fine shall not exceed 50 leva unless other laws provide for more severe penalties. Sec. 47. Criminal warrants shall be issued by the Minister of Trans- port and Communications, or by a public official authorized by him, upon a protocol issued by au aircraft commander or by other public officials specified by the Minister of Transport and Communications. Criminal warrants under 10 leva shall not be subject. to appeal. VIII. FINAL PROVISIONS Sec. 48. For implementation of the present Law, the Minister of Transport and Communications shall issue regulations and ordinances in cases provided by the law. Sec. 49. The present. Law shall repeal the Law on Aerial Navigation of 1948. Execution of this Law shall be assigned to the Minister of Transport and Communications. PAGENO="0314" PAGENO="0315" BURMA THE BURMA AIRCRAFT ACT 1 [INDIAN ACT XXII, 1934.] (19th August, 1934.) 1.2 The Act extends to the whole of the Union of Extent. Burma and applies also- (a) to citizens of the Union wherever they may be, and (b) to, and to person on, aircraft registered in the Union, wherever they may be. 2. In this Act, unless there is anything repugnant in Definitions. 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 build- ings, sheds, vessels, piers, and other struc- tures thereon or appertaining thereto; (3) "import" means bringing into the Union of Burma: and (4) "export" means taking out of the Union of Burma. 3. The President of the Union may by notification in Pow~r of President to the Gazette, exempt from [all or any of the provisions of exempt this Act,] ~ any aircraft or class of aircraft and any per- tam aircraft. son 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. The President of the Union may, by notification in ~ to the Gazette, make such rules as appear to him to be nec- maize rules to essary for carrying out the Convention relating to the ~ regulation of Aerial Navigation signed at Paris, Oc- 1919. tober 13, 1919, with Additional Protocol, signed at Paris, May 1, 1920, and any amendment w-hich may be made thereto under the provisions of Article 34 thereof. 5. (1) The President of the Union may, by notifica- ~ to tion in the Gazette, make rules regulating the manufac- make rules. ture, possession. use, operation, sale, import or export of any aircraft or class of aircraft. I Th~ Bimrmnim Codo. vol. vii. p. 2211. 2 SubstItuted by the Union of Burma (Adaptation of Laws) Order, 1948. 2 Substituted by Act XXI, 1947. 305 PAGENO="0316" 306 AIR LAWS AND TREATIES OF THE WORLD (~) Without prejudice to the ~enera1ity of the fore- going power. such rules may provide for- (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 prohibition of the use of aircraft in such services except under the authority of and in accordance with a licence authorising the establishment of the service; (ab) the information to be furnished, to such authorities as may be specified in the rule, by an applicant for, or the holder of, a licence authorising the establishment of an air transport service; (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 manufactured, repaired or kept; (d) the registrat.ion 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 certifi- cates, licences or documents to be carried by aircraft: (f) the inspection of aircraft for the purpose of enforcing t.he provisions of this Act and the rules thereunder, and thc~ facilities to be provided for such inspection. (g) the licensing of persons employed in the oper- ation, manufacture, repair or maintenance of air- craft; (h) the air-routes by which and the conditions under which aircraft may enter or leave the Union of Burma, or may fly over the Union of Burma, and the places at which aircraft shall land: (i) the prohibition of flight by aircraft. over any specified area, either absolutely or at specified times or subject to specified conditions and exceptions; (j) the supply, supervision and control of air- route. beacons, aerodrome lights, and lights at or in the neighbourhood of aerodromes or on or in the neighbourhood of air-routes; (jj) ~ the installation and the maintenance of lights on private property in the neighbourhood of aero- dromes or on or in the neighbourhood of air-routes by the owners or occupiers of such property, the pay- ment by the President of the Union for such installa- t.ion and maintenance, and the supervision and con- Inserted ibid. Inserted by Act XXI, 1947. PAGENO="0317" AIR LAWS AND TREATIES OF THE WORLD 307 trol of such installation and maintenance, including the right of access to the property for such purposes; (k) the signals to be used for purposes of com- munication by or to aircraft and the apparatus to be employed in signalling; (1) the prohibition and regulation of the car- riage in aircraft of any specified article or sub- stance; (m) the measures to be taken and the equipment to be carried for the purpose of ensuring the safety of life; (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 under- gone in connection therewith, the form, custody, pro- duction, 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 licenses and certificates issued elsewhere than in t.he Union of Burma relating to aircraft or to the qualifications of persons employed in the operation, manufacture, repair or maintenance of aircraft; and (r) any matter subsidiary or incidental to the matters referred to in this sub-section. 6. (1) If the President of the Union is of opinion ~ to that in the interests of the public safety or tranquillity make orders the issue of all or any of the following orders 6 is expedi- ~ emergency. ent, he may, by notification in the Gazette,- (a) cancel or suspend, either absolutely or subject to such conditions as he may think fit to specify in the order, all or any licences or certiHcates issued under this Act; (b) prohibit, either absolutely or subject to such c.onditions as he 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 the Union of Burma; (c) prohibit, either absolutely or conditionally, or regulate the erection, maintenance or use of any aerodrome, aircraft. factory, flying-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, re- 6 For orders relating to civil aircraft, see Burma Gazette, 1940, Part I, page 278. PAGENO="0318" 308 AIR LAWS AND TREATIES OF THE WORLD paired or kept, together with any machinery, plant, material or things used for the operation, manufac- ture, repair or maintenance of aircraft, shall be de- livered, either fortliw-ith or within a specified time, to such authority and in such manner as he may specify in the order, to be at the disposal of [the State] for the public service. (2) Xnv 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 paid such compensation as may be determined by such authority as the President of the Union may appoint in this behalf. (3) The President of the Union may authorize such steps to be taken to secure compliance with any order made under sub-section (1) as appear to him to be neces- sa ry. (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 imprison- ment for a term which may extend to three years, or with fine, or with both, and the Court by which he is con- victed 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 [the State] ~. Power of 7. (1) The President of the Union may, by notifica- ~i9~st~or tion in the Gazette, make rules providing for the investi- ~ gation of any accident. arising out of or in the course of [the navigation- (a) in or over the Union of Burma of any aircraft, or (b) anyw-here of aircraft registered in the Union of Burma.] 8 (2) Without prejudice to the generality of the fore- going power, such rules may- (a) require notice to be given of any accident in such manner and by such person as may be pre- scribed; (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 access 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 measures for the preservation of, or otherwise deal with any such air- craft;and (d) authorize or require the cancellation, suspen- sion, endorsement or surrender of any licence or cer- tificate granted or recognised under this Act when it ~ Substituted by the Union of Burma (Adaptation of Laws) Order, 1948. Substituted by Act XXI, 1947. PAGENO="0319" AIR LAWS AND TREATIES OF THE WORLD 309 appears on an investigation that the licence ought to be so dealt with, and provide for the production of any ~zucli licence for such I)~P°~~* 8. (1) Any authority authorized in this behalf by the Power to detain President of the Union may detaiii any aircraft, if in the aircraft. opmion of such authority- (a.) having regard to the nature of an intended flight, the flight of such aircraft would involve dan- ger to persons in the aircraft or to any other persons or property; or (b) such detention is necessary to secure compli- ance with any of the provisions of this Act or the rules applicable to such aircraft; or such detention is necessary to precent a contravention of any rule made under clause (h) or clause (i) of sub-section (2) of section 5. (2) The President of the Union may, by notification in the Gazette, make rules regulating all matters incidental or subsidiary to the exercise of this power. 8A. The President of the Union may, by notification Power of in the Gazette, make rules for the prevention of danger ~~or arising to the public health by the introduction or spread ~ of any infectious or contagious disease from aircraft ar- ri ving or being at. any aerodrome and for the l)re\e1it101i of the conveyance of infection or contagion b means of any aircraft. leaving an aerodrome, an(l in particular. and w-ithout prejudice to the generality of this provision, may make, with respect to aircraft and aerodromes or any spec- ifieci aerodrome. rules providing foi- any of the matters for which rules under sub-clauses (1) to (viii) of clause (p) of suh-secton (1) of section 6 of the Ports Act may he made with respect to vessels and ports. 8B.9 (1) If the President of the Union is satisfied Emergency that the Union of Burma or any part thereof is visited ~rotecting the by or threatened with an outbreak of any dangerous public health. 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 President. of the Union may take such measures as lie deems necessary to prevent such danger. (2) In any such case the President of the Union may~ without prejudice to the powers conferred by section A, by notification in the Gazette, make such temporary rules with respect to aircraft and persons traveling or things carried therein and aerodromes as lie deems necessary in the circumstances. (3) Notwithstanding anything contained in section 14, the pow-er to make rules under sub-section (2) shall not be subject 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 pub- Inserted by Act XXI, 1947. PAGENO="0320" 310 AIR LAWS AND TREATIES OF THE WORLD lication, provided that the President of the Union may by special order continue them in force for a further period or periods of not more than three months in all. Wreck and 9. (1) The provisions of Part VII of the Burma salvage. Merchant Shipping Act, 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 President of the Union may, by notification in the Gazette, make such modifications of the said pro- visions in their applic.ation to aircraft as appear neces- sary or expedient.. Penalty for 10. In making any rule under section 5, section 7, act In con- . travention of [section 8, section 8A or section 8B] 10, the President of under this Act. the Union may direct that a breach of it. shall be punish- able with imprisonment for any term not exceeding three months, or with fine of any amount not exceeding one thousand rupees, or with both. Penalty for 11. `Whoever wilfully flies any aircraft in such a man- flying so as to cause danger. ne.r as to cause danger to any person or to any property on la.nd or water or in the air shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. Penalty foi~ 12. `Whoever abets the commission of any offence offences and under this Act. or the rules, or attempts to commit such ~~ed offence, and in such at.tempt does any act towards the commission of the offence, shall be liable to the punish- ment provided for the offence. Power of 13. Where any person is convicted of an offence pun- ~.orfei- ishable under aIy rule made under clause (i) of clause ture. (7) 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 the [State.] 11 Rules to he 14. 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 months: [Provided that any rules made under the provisions of the Burma Aircraft (Amendment) Act, 1947, may, if they are published within six months from the date on which the Act comes into force and if the urgency of the circumstances so requires, be made after previous pub- lication for a period of one month.]12 15.13 * * * * `° Substituted ibid. ~ Substituted by the Union of Burma (Adaptation of Laws) Order, 194g. 12 Inserted by Act XXI, 1947. 13 Deleted ibid. PAGENO="0321" AIR LAWS AND TREATIES OF THE WORLD 311 16. The President of the Union may, by notification in Po?r to the Gazette declare that any or all of the provisions of customs procedure. the Sea Customs Act shall, with such modifications and adaptations as may be specified in the notification, apply to the import and export of goods by air. 17. No suit shall be brought in any civil Court in ~ suits. 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 circumstances of the case is reason- able, or by reason only of the ordinary incidents of such flight. 18. No suit, prosecution or other legal proceeding shall ~ lie against any person for anything in good faith done ~de~ or intended to be done under this Act. Act. 19. (1) [Except as otherwise provided in section 16, Saving of nothing] 14 in this Act or in any order or rule made there- ~yP~ation under shall apply to or in respect of any aircraft belong- ing to or exclusively employed in [the Burma] 1 naval, military or airforces, or to any person in such forces employed in connection with such aircraft. (~) Nothing in this Act or in any order or rule made thereunder shall apply to or in respect of any light- house to which the Burma Lighthouse Act. applies or prejudice or affect any right, or power exercisable by any authority under that Act. THE BURMA CARRIAGE BY AIR ACT" [INDIA ACT XX, 1934.] (18th February, 1935) Whereas a Convention for the unification of certain Preamble. rules relating to international carriage by air (herein- after referred to as the Convention) was, on the 12th day of October, 1929, signed at. Warsaw; It is hereby enacted as follows :- 1. * * * * 2. (1) The rules contaiiied in the First Schedule, be- Application ing the provisions of the Convention relating to the ~`o~1v~ntion rights and liabiliteis of carriers, passengers, consignors, ~ consignees and other persons, shall, subject to the provi- sions of this Act, have the force of law in the Umon of Burma in relation to any carriage by air to which those rules apply, irrespective of the nationality of the air- craft performing the carriage. (2) The President of the Union may, by notification in the Gazette, certify who are the High Contracting Parties to the Convention, in respect of what territories they are parties, and to what extent they have availed themselves of the Additional Protocol to the Convention 14 Substituted Act 2VJ11 1948. 15 The Burma Code, vol. vii, p. 69. 39~-~137 0-65--vol. 1-21 PAGENO="0322" 312 AIR LAWS AND TREATIES OF THE WORLD and any such notification shall be conclusive evidence of the matters certified therein. (3) Any reference in the First Schedule to the terri- tory or any High Contracting Party to the Convention shall be construed as a reference to all the territories in respect of which he is a party. (3A) 16 Any reference in the First Schedule to the agents of the carrier shall be construed as including a reference to the servants of the carrier. (4) Notwithstanding anything contained in the Fatal Accidents Act, or any other enactment or rule of law in force in any part of the Union of Burma, the rules con- tained in the First ~chieclule shall, in all cases to which those rules apply, determine the liability of a carrier in respect of the death of a passenger, and the rules con- tained in the Second Schedule shall determine the per- sons by whom and for whose benefit and the manner in which such liability may be enforced. (5) Any sum in francs mentioned in rule 22 of the First Schedule shall, for the purpose of any action against a carrier, be converted into rupees at the rate of exchange prevailing on the date on which the amount of damages to be paid by the carrier is ascertained by the Court. Provisions 3. (1) Every High Contracting Party to the Conven- ~~nst tion who has not availed himself of the provisions of the High Additional Protocol thereto shall, for the ~mrposes of ~a~c any suit brought in a Court in the Union of Burma in accordance with the pro~vis~ons of rule 28 of the First air. schedule to enforce a claim in respect of carriage under- taken by him, be deemed to have submitted to the juris- diction of that Court and to be. a person for the purposes of the Code of Civil Procedure. (2) The High Court may make rules of procedure pro- viding for all matters which may be expedient to enable such suits to be. instituted and carried on. (3) Nothing in this section shall authorize any Court to attach or sell any property of a High Contracting Party to the Convention. Application 4. The President of the Union may, by notification carriage by in the Gazette, apply the rules contained in the First. ~ir which Schedule and any provision of section 2 to such carriage International. by air, not being international carriage by air as defined in the First Schedule, as may be specified in the notifica- tion, subject. however to such exceptions, adaptations and modifications, if any, as may be so specified. `~ Inserted by Act XXVIII, 1951. PAGENO="0323" AIR LAWS AND TREATIES OF THE WORLD 313 FIRST SCHEDULE (See section 2.) RULES CHAPTER I SCOPE-DEFINITION S 1. (1) These rules apply to all international carriage of persons, luggage or goods performed by aircraft for reward. They apply also to such carriage when per- formed gratuitously by an air transport undertaking. (2) In these rules "High Contracting Party" means a High Contracting Party to the Convention. (3) For the purposes of these rules 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 Con- tracting Parties, or within the. territory of a single High Contracting Party, if there is an agreed stopping place withifl a territory subject to the sovereignty, suzerainty, mandate or authority of another Power, even though that Power is not a party to the Convention. A carriage without. such an agreed stopping place between territories subject to the sovereignty, suzerainty, mandate or author- ity of the same High Contracting Party is not deemed to be international for the purposes of these rules. (4) A carriage to be performed by several successive air carriers is deemed, for the purposes of these rules, to be one undivided carriage, 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 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. 2. (1) These rules apply to carriage performed by the State or by legally constituted public bodies provided it falls within the conditions laid down in rule 1. (2) These rules do not apply to carriage performed under the terms of any international postal Convention. CHAPTER II DOCUMENTS OF CARRIAGE Part I.-Pa~ssenger ticket. 3. (1) For the carriage of passengers the carrier must. deliver a passenger ticket which shall contain the following particulars: PAGENO="0324" 314 AIR LAWS AND TREATIES OF THE WORLD (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 contained in this Schedule. (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 these rules. Nevertheless, if the carrier accepts a pas- senger without a passenger ticket having been delivered he shall not be entitled to avail himself of those provi- sions of this Schedule which exclude or limit his liability. Part 11.-Luggage ticket. 4. (1) For the carriage of luggage, other than small personal objects of which the passenger takes charge him- self, 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. (3) The luggage ticket shall contain the following particulars: (a) (b) (c) 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 accord- ance with rule 22(2) (h) statement that the carriage is subject to the rules relating to liability contained in this Schedule. (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 these rules. Nevertheless, if the carrier accepts lug- gage without. a luggage ticket having been delivered, or if the luggage ticket does not contain the particulars set out at (d), (f),and (h) of sub-rule (~),thecarriershall not be entitled to avail himself of those provisions of this Schedule which exclude or limit his liability. Part 111.-Air ccni~ignm~ent note. 5. (1) Every carrier of goods has the right to require the consignor to make out and hand over to him a docu- the place and date of issue; the place of departure and of destination; the name and address of the carrier or a PAGENO="0325" AIR LAWS AND TREATIES OF THE WORLD 315 ment called an "air consignment note," every consignor has the right to require the carrier to accept this docu- ment. (2) The absence, irregularity or loss of this document does not affect the existence or the validity of the con- tract of carriage, which shall, subject to the provisions of rule 9, be none the less governed by these rules. 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. (3) The carrier shall sign an acceptance of the goods. (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, t.he 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. 7. The carrier of goods has the right to require the consignor to make out separate consignment notes when t.here is more than one package. 8. The air consignment note shall contain the follow- ing particulars :~ (a) the place and date of its execution: (b) the place of departure and of the destination; (e) 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 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; PAGENO="0326" 316 AIR LAWS AND TREATIES OF THE WORLD (7) if the goods are sent for payment on delivery, the price of the goods and, if the case so requires, amount of the expenses incurred; (rn) the amount of the value declared in accord- ance with rule 22(2) (n) the number of parts of the air consignment note; (o) the documents handed to the carrier to ac- company the air consignment note; (p) the time fixed for the completion of the car- riage 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 contained in this Schedule. 9. If the carrier accepts goods without an air consign- ment note having been made out, or if the air consign- ment note does not contain all the particulars set out in rule 8 (ci) to (i) inclusive and (q), the carrier shall not he entitled to avail himself of the provisions of this Sched- ule which exclude or limit his liability. 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 suf- fered by the carrier or any other person by reason of the i rregularitv, incorrectness or incompleteness of the said particulars and statements. 11. (1) The air consignment note is prinui facie evidence of the conclusion of the contract, of the receipt of the goods and of the conditions of carriage. (2) The statements in the air consignment note relat- ing to the weight, dimensions and packing of the goods, as well as those relating to the number of packages, are prima fadie 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. Carriage by Air 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 w-ithdrawing them at the aerodrome of departure or destination, or b 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 consign- ment 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 PAGENO="0327" AIR LAWS AND TREATIES OF THE WORLD 317 or other consignors and he must repay any expenses occa- sioned 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 goods without requiring the production of the part of the air consignment note de- livered 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 tha.t part of the air consign- ment note. (4) The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with rule 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. 13. (1) Except in the circumstances set out in rule 12, 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 due and on complying with the conditions of carriage set out in the air consign- ment. note. (2) T~TIiTess it. is otherwise agreed, it. is the dut.y 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 car- rier the rights w-hieh flow from the contract. of carriage. 14. The consignor and the consignee can respectively enforce all the rights given them by rules 12 and 13, each in his own name, whether lie is acting in his own interest or in the interest of another, provided that he carries out the obligations imposed by the contract. 15. (1) Rules 12, 13 and 14 do not affect either the relations of the consignor or the consignee with each ot.her or the mutual relations of third parties whose rights are derived either from the consignor or from the consignee. (2) The provisions of rules 12, 13 and 14 can only be varied by express provision in the air consignmeiit note. 16. (1) The consignor must furnish suc.h 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. The consignor is liable to the carrier for any damage. oc- c.asioned 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. PAGENO="0328" 318 AIR LAWS AND TREATIES OF THE WORLD (2) The carrier is unde.r no obligation to enquire into the correctness or sufficiency of such information or docu- ment S. CHAPTER III LIABILITY OF THE CARRIER 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 acci- dent 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. 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 \vhicll caused the damage so sustained took place during the carriage by air. (2) The carriage by air within the meaning of the pre- ceding 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 transhipment, 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. 19. The carrier is liable for damage occasioned by delay in the carriage by air of passengers, luggage or goods. 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 re- spects, he and his agents have taken all necessary meas- ures to avoid the damage. 21. If the carrier proves that the damage was caused by or cofltril)uted to by the negligence of the injured per- son the Court may exonerate. the carrier wholly or partly from his liability. Carriage by Air 22. (1) In the carriage of passengers the liability of the carrier for each passenger is limited to the sum of l~25,OOO francs. Where damages may be awarded in the PAGENO="0329" AIR LAWS AND TREATIES OF THE WORLD 319 form of periodical payments, the equivalent capital value of the said payments shall not exceed 1:25,000 francs. Nevertheless, by special contract the carrier and the pas- senger 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 50 francs per kilogram, unless the consignor has made, at the time when the package was handed over to the carrier, a spe- cial 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 in this rule shall be deemed to refer to the French franc consisting of 651/2 milligrams gold of millesimal fineness 900. 23. Any provision tending to relieve the carrier of liability or to fix a lower limit~ than that which is laid down in these rules shall be null and void but nullity of any such provision does not involve the nullity of the whole contract, which shall remain suh~ect to time provi- Siol1S of this Schedule. 24. (1) In the cases covered by rules 18 and 19 any action for damages however founded, can only be brought subject to the conditions and limits set out in this Sched- ule. (2) In the cases covered by rule 17 the provisions of sub-rule (1) 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. 25. (1) The carrier shall not be entitled to avail him- self of the provisions, of this Schedule which exclude or limit his liability, if the damage is caused by his wil- ful misconduct or by such default on his part as is in the opinion of the Court 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. 26. (1) Receipt by the person entitled to delivery of luggage or goods without complaint is prnu~ fa~e evi- dence that the same have been delivered in good condi- tion and in accordance with the document of carriage. (2) In the case of damage, the person entitled to de- livery 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 PAGENO="0330" 320 AIR LAWS AND TREATIES OF THE WORLD 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. Cariwge by ~4h'. (4) Failing complaint within the times aforesaid, no action shall lie against the carrier, save in the case of fraud on his part. 27. In the case of the death of the person liable, an action for daniages lies in accordance with these rules against those legally representing his estate. 28. An action for damages must be brought, at the option of the plaintiff, either before the Court having jurisdiction where the carrier is ordinarily resident or has his P111~i1)al place of business, or has an establish- inent by \vliicll the, contract has been made, or before the Court having jurisdiction at the place of destination. 29. The right of 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 \vh i ch the a i rcra ft ought to have a rn ved, or from the date on which the carriage stopl)edl. 30. (1) In the case of carriage to be performed by various ~uccessi ye carriers and fall ilig within the. defini- tion set out in slil)-rule (4) of rule 1,' each carrier who accepts ~)iIssengers, luggage or goods is subjected to the rules set out in this Schedule, 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 passen- ger 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 luggage or goods, the passenger or con- signor w-ihl 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 con- signor or consignee. CHAPTER IV PROVISIONS RELATING TO COMBINED CABRIAGE 31. (1) In the case of combined carriage performed partly by air and partly by any other mode of carriage, PAGENO="0331" AIR LAWS AND TREATIES OF THE WORLD 321 the provisions of this Schedule apply only to the carriage by air, provided that the carriage by air falls within the terms of rule 1. (2) Nothing in this Schedule shall p1~eve1~t 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 Schedule are. observed as regards the carriage by air. C}IAFrER V GENERAL AND FINAL PRovIsIoNs 32. Any clause contained in the contract and all special agreements entered into before the damage oc- curreci by which the parties purport to infringe the rules laid down by this Schedule, 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 arbitratioii clauses are allowed, subject to these rules if the arbitration is to take place in the territory of one of the High Contracting I'arties within one of the jurisdictions referred to in rule 28. 33. Nothing contained in this Schedule shall prevent the carrier either from refusing to enter into any con- tract of carriage, or from making regulations which do not conflict with the provisions of this Schedule. 34. This Schedule does not apply to international carriage by air l)erformed by way of experimental trial by air naviga.tioll undertakings with the view to the establishment of a regular line of air navigation, nor does it apply to carriage performed in extraordinary circum- stances outside the normal scope of an air carrier's busi- ness. 35. The expression "days" when used in these rules means current (lays, not working days. 36. When a High Contracting Party has declared at the time of ratification of or of accession to the Conven- tion that the first paragraph of Article 2 of the Conven- tion 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, these rules shall not apply to international carriage b air ~o l)erfollne(1. SECOND SCHEDULE (4S~ee section 2.) PROVISIONS AS TO LIABILITY OF CARRIERS IN THE EVENT OF THE DEATH OF A PASSENGER 1. The liability shall be enforceable for the benefit of such of the members of the passenger's family as sus- tained damage by reason of his death. PAGENO="0332" 322 AIR LAWS AND TREATIES OF THE WORLD In this rule 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 deducihg any such relationship as aforesaid any illegitimate person and any adopted per- son shall be treated as being, or as having been the legiti- mate child of his mother and reputed father or, as the case may be, of his adopters. 2. 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 the last preceding rule enforceable, but only one action shall be brought in the Union of Burma in respect of the death any person for whose benefit the liability is under the last soever brought shall be for the benefit of all such persons so entitled as aforesaid, [as either are citizens of the Union or, not being citizens] 17 express a desire to take the benefit of the action. 3. Subject to the provisions of the next succeeding rule 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 proportions as the Court may 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 limit- ing the liability of a carrier and of any proceedings which have been, or are likely to be, commenced outside the Union of Burma in respect of the death of the passenger in question. `-~ Substituted by the Union of Burma (Adaptation of Laws) Order, 1948. PAGENO="0333" BURUNDI Ordinance No. 62/321 of October 8, 1955, of the Congo was made applicable to Burundi by Ordinance 62/107 of August 2, 1956. According to airgram A-135, April 16, 1963, from the U.S. Lega- tion at Usumbura, this legislation is still in force. 323 PAGENO="0334" PAGENO="0335" CAMBODIA According to Department of State Airgrarn A-89, dated August 8, 1~63, Cambodia has not yet promulgated a civil aviation law. How- ever, a draft law has been prepared and will be submitted to Parlia- ment in the near future. Cambodia has not formally acceded to the Warsaw Convention, but observes the provisions of that convention. 325 PAGENO="0336" PAGENO="0337" CAMEROON The French law on civil aviation is in force in Cameroon. 327 39-737 0-65-vol. 1-22 PAGENO="0338" PAGENO="0339" 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, s. 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 Dutie~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; (1) 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; 329 PAGENO="0340" 330 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 internaticnal air traffic; (1) 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. Power8of 4. (1) Subject to the approval of the Governor in ~.Iinis~er Council, the Minister may make regulations to control and regulation8 regulate air navigation over Canada and the territorial `r~ova1 waters of Canada and the conditions under which aircraft of Governor registered in Canada may be operated over the high seas OUflC1. 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 révoca- 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="0341" AIR LAWS AND TREATIES OF THE WORLD 331 (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 speci- fied in the regulation, and either absolutely or subject to such exceptions or conditions as may be so speci- fied; (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 Minister authorize the Minister to make orders or directions with ~7r~~- respect to such matters coming within this section as the ti9ns b~ ministerial regulations may prescribe, order or (3) Every person who violates the provisions of a regu- Offenc: 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 Governor 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 ¶le~1t~1~or service of Canada, or employed under the direction of any directly department of the public service of Canada. resulting (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 ° ~ 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="0342" 332 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; "Hireor (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 Iransport Transport Board consisting of three members appointed by the Governor in Council. Termof (2) The members shall hold office during good behaviour othce. 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 ut servii~es. 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="0343" AIR LAWS AND TREATIES OF THE WORLD 333 (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 of the hire or reward and no member of the Board shall he 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 Boa.rd shall, as regards the attendance, swearing Powers 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="0344" 334 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. E~n~orce~nent (4) Any decision or order made by the Board may, for ordere. 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. ~ier~ (5) To make a decision or order of the Board a rule, order or decree of any such court, the practice and pro- ceclure 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~nesses 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 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 dis- obedience 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. Commissions (3) The Board may issue commissions to take evidence ~ce ~ 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="0345" AIR LAWS AND TREATIES OF THE WORLD 335 11. Subject to the directions of the Minister, the Board Investi~a shall from time to time make investigations and surveys relating to the operatic~ 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- Recommen- mendations to the Minister with reference to any investi- ions. 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; (f) 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="0346" 336 AIR LAWS AXD 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 tu 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 re~ulations 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; (1: ) 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 an air carrier'; (m~ prescribing forms of accounts and records to he 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 any direction or order made by the Board pursuant to this .~ct 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 1)0th such fine and such imprisonment; and (o) providing for the effective carrying out of the provi- sions of this Part. 1944-45, c. 2S, s. 6; 1945. c. 9, s. 5; 1950. c. 23, s. 6. Free and re- 14. Notwithstanding any previous contract or corn- ~uced 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 Board and under such, terms, conditions and forms as the Board may direct. 1945. c. 9. s. 6. PAGENO="0347" AIR LAWS -AND TREATIES OF THE WORLD 337 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- Not to be mercial air service, owned, leased, controlled or operated ~`~O~S by any person who is engaged in the transport of goods or engaged in passengers for hire or reward by means other than aircraft ~atft~ 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 0°~Y in satisfied that the proposed commercial air service is and will be required by the present and future public convenience coodvenience 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 Routes 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- Licence 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="0348" 338 AIR LAWS AND TREATIES OF THE WORLD Suspension, (8) The Board may issue a licenèe that differs from the cance1la~on 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. Appeals (9) Where the Board suspends, cancels or amends a ~i~iiter. 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 ~~su,~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. ~u1es as~ (12) The Board may make rules limiting the time and o appea 8. 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, s. 7. Nperation 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 orofficersof (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. 1q50, 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 m!ay 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="0349" AIR LAWS AND TREATIES OF THE WORLD 339 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 therefor being obtained Cour~of from a judge of the Supreme Court upon application made Cana 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 ~ to expressly found by the Board, and are necessary for deter- Board and mining the question of jurisdiction, or law, as the case may be, and shall certify its opinion to the Board, and the Board ingly. shs.ll make an order in accordance with such opinion. (3) The Court may fix the costs to be paid upon such Costh. appeals, and the rules and practice applicable to appeals Rulse 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- Employment 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 Civil~ appointment under this Act as a me,mber of the Air Trans- port Board was or is a contributor under the provisions of a~inhU~tioT~1 the Civil Service Superannuation Act is eligible, notwith- preserved. standing the Civil Service Superannuation Act, ~o 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. PAGENO="0350" 34() AIR LAWS AND TREATIES OF THE WORLD Salarie8 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. In any action or proceedings under this Act or'the document. 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, hook 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 executed 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 facil3 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="0351" AIR LAWS AND TREATIES OF THE WORLD 341 CHAPTER 302. An Act to amend the Aeronautics Act. 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, Mi~isterto situated on lands adjacent to or in the vicinity of air- ~gu~ations ports, for purposes relating to navigation of aircraft ~I~oVa1 of and use and operation of airports, and including, for Governor 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 thereto the following subsections: "(5) In addition to any other mode of publication pre- Publication scribed by law, a copy of every regulation made under the ~ 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="0352" 342 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="0353" AIR LAWS AND TREATIES OF THE WORLD 343 SOR/58-236 AERONAUTICS ACT Crop Spraying-Private Aircraft Order AIR NAVIGATLQN ORDER SERIES VII, No. 1 of June 3, 1958. AIR NAVIGATION ORDER, SERIES VII. No. 1 CROP SPRAYING-PRrVATE 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. (e~ 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. ~9-737 O-65--vol. 1-2~ PAGENO="0354" 344 AIR LAWS AND TREATIES OF THE WORLD SOR/58-400 AERONAUTICS ACT Air Regulations, amended P.C. 1958-1309 of September 18. 1958~ 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(1), 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="0355" AIR LAWS AND TREATIES OF THE WORLD 345 3. Section 542 of the said Regulations is revoked and the following substituted therefor: 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 whim 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'i 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="0356" 346 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="0357" AIR LAWS AND TREATIES OF THE WORLD 347 AIR NAVIGATION ORDER SERIES V, No. 14. ~Security Control of A~r 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 Identification 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, (i) 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, (1) "MIDIZ beacon", means a non-directional low or medium fre- quency radio navigation aid beacon lying within or near the MIDIZ, and described in Schedule 0, (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="0358" 348 AIR LAWS AND TREATIES OF THE WORLD PART I Domestic Cadiz Rule.s 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 flig1~ within controlled airspace shall comply with normal IFR position reporting requirements, (b) an IFR flight outside controlled airspace or a DVFR flight shall report (i)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. 8ubject to section 9, position reports or estimates of Eastern or Western SJZ penetration southbound or penetration of the Hope SIZ westbound shall be provided to an appropriate air traffic control unit as follows: (ii) an IFR Flight within controlled airspace shall comply with normal IFR position reporting requirements, PAGENO="0359" AIR LAWS AND TREATIES OF THE WORLD 349 (b) an IFR Flight outside controlled airspace or a DVFR flight shall report (i) over the last reporting point on the route of flight prior to entering the SIZ 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 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 170° true and 190° true, or (b) when penetrating the Hope SIZ westbound maintain a route between 2300 true and 250° 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 fii~ght 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="0360" 350 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 Ident~cation 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="0361" AIR LAWS AND TREATIES OF THE WORLD 351 15. The pilot-in-command of a flight originating north of the DEWLT 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. PART 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="0362" 352 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°0O' West; thence to Latitude 53°28' North, Longitude 1300351 West; thence to Latitude 51°15' North, Longitude 128°00' West; thence to Latitude 50°30' North, Longitude 129°00' 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°0O' North, Longitude 650481 West; thence to Latitude 45°0O' North, Longitude 61°0O' 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°30' West; thence to Latitude 51°30' North, Longitude 55°00' West; thence to Latitude 53°0O' 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°0O' North, Longitude 63°00' West; thence to Latitude 65°00' North, Longitude ~ West; thence to Latitude 65°0O' North, Longitude 71°30' West; thence to Latitude 63°00' North, Longitude 71°30' West; thence to Latitude 61°00' North, Longitude 69°20' West; thence to Latitude 61°00' North, Longitude 70°40' West; thence to Latitude 63°00' North Longitude 73°00' West; thence to Latitude 66°0O' North, Longitude 73°0O' West; thence to Latitude 66°00' North, Longitude 66°0O' West; thence to Latitude 63°00' North, Longitude 60°00' West; thence to Latitude 54°30' North, Longitude 52°00' West; thence to Latitude 48°00' North, Longitude 48°00' West; thence to Latitude 45°0O' North, Longitude 50°00' West; thence to Latitude 43°50' North, Longitude 53°15' West; thence to Latitude 39°30' North, Longitude 63°45' West; thence to the point of beginning. PAGENO="0363" AIR LAWS AND TREATIES OF THE WORLD 353 SCHEDULE "B" 1. The domestic CADIZ is the airspace extending upward from the area described as follows, commencing at Latitude 53°28' North, Longitude 130°35' 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 70000? 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°30' West; thence to Latitude 65°00' North, Longitude 71°30' West; thence to Latitude 65°00' North, Longitude 66°00' West; thence to Latitude 64°00' North, Longitude f~3 000? West; thence to Latitude 61°00' North, Longitude 63000F 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°3Q' 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 44°3Q' 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 47°10' North, Longitude 85°31' West; thence along the United States-Canadian Boundary to Latitude 49°00' North, Longitude 121°00' West; thence to Latitude 50°1Q' 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="0364" 354 AIR LAWS AND TREATIES OF THE WORLD SCHEDULE "C" 1. The DEWIZ is the airspace extending upward from described as follows, commencing at Latitude 71°O0' North, Longitude 141°OO' West; thence to Latitude 71°OO' North, Longitude 132°OO' West; thence the area Longitude 125°O0' West; thence to Longitude 115°O0' West; thence to Latitude Latitude Latitude Latitude Latitude Latitude Latitude Latitude Latitude Latitude Latitude Latitude Latitude 71°45' North, 700 15' North, 70° 15' North, 67°30' North, 63°0O' North, 66°0Q' North, 67°0O' North, 68°25' North, 68°20' North, 69°O0' North, 68°00' North, 68°25' North, 68°50' North, Longitude Longitude Longitude Longitude Longitude Longitude Longitude Longitude Longitude Longitude Longitude Longitude Longitude Longitude Longitude 68°00' West; thence to 57°00' West; thence to 60°00' West; thence to 66°00' West; thence to 63°O0' West; thence to 68°00' West; thence to 73°0O' West; thence to 77°0O~ West; thence to 86°O0' West; thence to 101 °00' West; thence to 105 °O0' West, thence to 114°00' West; thence to 125°0O' West; thence to 136°00' West; thence to 141°00' West; thence to Latitude 68°10' North, Latitude 69°55' North, Latitude 68°30' North, Latitude 69°30' North, the point of beginning. PAGENO="0365" AIR LAWS AND TREATIES OF THE WORLD SCHEDULE "D" 355 1. The DEWIZ aerodromes are located as follows: Place Location Cape Dyer .... Latitude 66°34'30" North, Longitude 61°37'OO" West Broughton .... Latitude 67°33'OO" North, Longitude 64°03'OO" West Cape looper .. Latitude 68°25'30" North, Longitude 66°46'30" West Mid-Baffin .... Latitude 68°39'20" North, Longitude 71°Q9'30" West Foley Latitude 68°56'30" North, Longitude 75°18'OO" West Rowley Latitude 69°05'OO" North, Longitude 79°02'OO" West Hall Lake .... Latitude 68°46'30" North, Longitude 81°14'OO" West West Melville . Latitude 68°18'13" North, Longitude 85°40'35" West West Simpson . Latitude 68°26'15" North, Longitude 89°39'OO" West Shepherd Bay Latitude 68°49'OO" North, Longitude 93°24'30" West King William Latitude 68°39'30" North, Longitude 97°48'OO" West Jenny Lind ... Latitude 68°39'lO" North, Longitude 1O1°43'39" West Cambridge Bay Latitude 69°06'OO" North, Longitude 105°08'OO" West Unnamed Point Latitude 68°45'lO" North, Longitude 109°04'12" West Lady Franklin . Latitude 68°29'33" North, Longitude 113°13'll" West Young Point .. Latitude 68°56'lO" North, Longitude 116°55'52" West Clinton Point . Latitude 69°35'02" North, Longitude 12O044145F~ West Cape Parry ... Latitude 7O01ObO5~ North, Longitude 124°41'lO" West Nicholson Latitude 69°57'OO" North, Longitude 128°54'30" West Tuk Tuk Latitude 69°26'45" North, Longitude 133°OO'19" West Shingle Point .. Latitude 68°57'OO" North, Longitude 137°12'OO" West PAGENO="0366" SCHEDULE "E" 1. The DEWIZ beacons are described as follows: Name Location Cape I)yer Latitude 66°38'50" North Longitude 61°23'20" West Broughton Latitude 67°33'19" North Longitude 63°49'16" West Cape Hooper Latitude 68°26'15" North I.~ongitude 66°44'OO" West Mid-Baffin Latitude 68°40'47" North Longitude 71°14'48" West Foley Latitude 68°53'45" North Longitude 75°09'38" West Identification VN VM Uz Uw Uv Frequency 248 kc/s 230 kc/s 287 kc/s 324 kc/s 275 kc/s Transmitting Frequencies 122.2 mc/s 121.5 me/s 236.6 me/s 243.0 me/s 5205 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 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 Iteceivi ng Frequencies 122.2 me/s 121.5 me/s 236.6 inc/s 243 0 me/s 5295 ke/s 3023.5 kr/s 122.2 me/s 121.5 me/s 236.6 me/s 243.0 me/s 5295 kr/s 3023.5 ke/s 122.2 me/s 121.5 me/s 236.6 me/s 243.0 me/s ~295 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 ke/s PAGENO="0367" SCHEDULE "E" (Continued) Name Location Identification Frequency Transmitting Frequencie8 Receiving Frequencies Rowley Hall Lake West Melville West Simpson Shepherd Bay. King William. Latitude 69~03'30" North Longitude 79°01'37" West Latitude 68°45'25" North Longitude 8l0l3l35#~ West Latitude 68°18'03" North Longitude 85°40'29" West Latitude 68°26'42" North Longitude 89°45'14" West Latitude 68°48'38" North Longitude 93°25'57" West Latitude 68°40'16" North Longitude 97°4W36" 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 me/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 mc/s 243.0 mc/s 5295 kc/s 122.2 me/s 121.5 me/s 236.6 mc/s 243.0 mc/s 5295 ke/s 122.2 me/s 121.5 mc/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 kc/s CI) H r~i H Ci) 0 122.2 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 kc/s 122.2 me/s 121.5 me/s 236.6 mcs/ 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 kc/s 3023.5 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 ke/s 3023.5 kc/s PAGENO="0368" SCHEDULE "E" (Continued) Name Location Identification Frequency Transmitting Frequencies Jenny Lind Latitude 68°40'12" North Longitude 1O1°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 UJ 218 kc/s 245 kc/s 245 kc/s 272 kc/s 227 kc/s 122.2 me/s 121.5 mc/s 236.6 mc/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 4355 ke/s 4703.5 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 Receiving Frequencies 122.2 me/s 121.5 me/s 236.6 me/s 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 4355 ke/s 4703.5 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 122.2 me/s 121.5 me/s 236.6 me/s 243.0 me/s 5295 kc/s 3023.5 kc/s (.1) H r~i H t!1 C PAGENO="0369" SCHEDULE "E" (Concluded) C 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 1200471501/ West Cape Parry Latitude 70010/20/I North Longitude 124°43'40" West Nicholson Latitude 69°53'33" North Longitude 128°5813" 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 TJI UH UE UC UB UA 260 kc/s 209 kc/s 203 kc/s 254 ke/s 236 kc/s 221 kc/s 122.2 me/s 121.5 me/s 236.6 me/s 5295 kc/s 122.2 mcis 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 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 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 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 kc/s ~f) H 3: C H C C)1 PAGENO="0370" 360 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 120008l30~ West; thence to Latitude 55°50' North, Longitude 115°30' West; thence to Latitude 56°40' North, Longitude 113°00' West; thence to Latitude 56°40' North, Longitude 1100301 West; thence to Latitude 55030P North, Longitude 107°40' West; thence to Latitude 55°0O' North, Longitude 103°30' West; thence to Latitude 54°55' North, Longitude 99°30' West; thence to Latitude 56°40' North, Longitude 93°50' West; thence to Latitude 56°40' North, Longitude 91°00' West; thence to Latitude 55°40' North, Longitude 87°0O' West; thence to Latitude 54°40' North, Longitude 81°20' West; thence to Latitude 55~°30' North, Longitude 77°04Y 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°OO' North, Longitude 65°0O' West; thence to Latitude 55°0O' North, Longitude 77°OG' West; thence to Latitude 54°10' North, Longitude 81°20' West; thence to Latitude 55°10' North, Longitude 87°00' West; thence to Latitude 56°10' North, Longitude 91°0O' 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°10' 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="0371" SCHEDULE "G" 1. The MIDIZ beacons are described as follows: Name Location Identification Frequency Transmitt~ng Receiving Frequencies Frequencies Harp Lake Latitude 55°18'39" North EB 358 kc/s 255.4 me/s 255.4 me/s Longitude 61°49'30" West 122.2 me/s 122.2 me/s 3023.5 ke/s Border Latitude 55°20'Ol" North EC 318 kc/s 255.4 me/s 255.4 me/s Longitude 63°16'15" West 122.2 me/s 122.2 me/s 3023.5 ke/s Advance. Latitude 55°16'lO" North EE 284 kc/s 255.4 me/s 255.4 me/s Longitude 64°49'15" West 122.2 me/s 122.2 me/s 3023.5 kc/s Retty Latitude 55°15'44" North EF 220 kc/s 255.4 me/s 255.4 me/s Longitude 66°04'15" West 122.2 me/s 122.2 me/s 3023.5 kc/s C Knob Lake Latitude 54°50' North KL 203 kc/s 126.18 me/s 126.18 me/s - Longitude 66°50' West 121.5 me/s 121.5 me/s 5680 kc/s 3023.5 kc/s 5680 kc/s Gillespie Latitude 55°l0'52" North EU 350 kc/s 255.4 me/s 255.4 me/s Longitude 67°35'25" West 122.2 mc/s 122.2 me/s 3023.5 kc/s Brass Latitude 55°ll'33" North EJ 308 kc/s 255.4 me/s 255.4 me/s Longitude 69°01'20" West 122.2 me/s 122.2 me/s 3023.5 kc/s Bulldog . . Latitude 55°10'5'2' North EQ 358 kc/s 255.4 me/s 255.4 me/s Longitude 70°34'SO" West 122.2 me/s 122.2 me/s 3023.5 kc/s PAGENO="0372" Name SCHEDULE "G" (Continued) Location Robin Latitude 55°14'43° North Longitude 72°12'05" West Eagle Latitude 55°14'55" North Longitude 73°44'45" West Raven Latitude 55°17'35" North Longitude 75°16'27" West Sparrow Latitude 55°16'17" North Longitude 76°47'25" West Great Whale River Latitude 55°16' North Longitude 77°45' West Burton Latitude 54°59'27" North Longitude 78°17'05" West Cape Jones Latitude 54°38'17" North Longitude 79°44'38" West Bear Island Latitude 54°20'29" North Longitude 81°05'40" West Big Owl Latitude 54°44'OO" North Longitude 82°24'15" West Identification Frequency EW 318 kc/s EY 284 kc/s EZ 220 kc/s KB 350 kc/s GW 371 kc/s KE 308 kc/s KH 358 kc/s KJ 318 kc/s KM 284 kc/s Transmitting Frequencies 255.4 mc/s 122.2 me/s 255.4 mc/s 122.2 me/s 255.4 me/s 122.2 me/s 255.4 me/s 122.2 me/s 236.6 mc/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 (/) H r'i H H t!1 0 Receiving Frequencies 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 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/~ 255.4 me/a 122.2 me/s 3023.5 kc/s 255.4 me/a 122.2 me/s 3023.5 kc/s PAGENO="0373" SCHEDULE "G" (Continued) Name Location Identification Frequency Transmitting Frequencies Receiving Frequencies Crow Latitude 54°51'55" North Longitude 83024~45hl West Wachi Latitude 55°04'05" North Longitude 84051l30~I West Wiiii Latitude 55°14' North Longitude 85°07' West Gooseberry Latitude 55°17'25" North Longitude 86°25'15" West Beaver Latitude 55°35'40" North Longitude 87°52'lO" West Canary Latitude 55°58'25" North Longitude 89°13'25" West Beach Latitude 56°17'25" North Longitude 9()039F40F1 West Hayes Latitude 56°22'55" North Longitude 92°11'lO" West Penny Latitude 56°23'37" North Longitude 93°20'30" West KP KQ WN KU KY KW KX KZ OB 203 kc/s 380 kc/s 215 kc/s 308 kc/s 358 ke/s 318 kc/s 294 kc/s 250 kc/s 338 kc/s 255.4 me/s 122.2 me/s 255.4 me/s 122.2 inc/s 236.6 me/s 243.0 me/s 126.18 me/s 121.5 me/B 265 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 cc t~1 ci) C 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 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 kc/s 255.4 me/s 122.2 me/s 3023.5 ke/s PAGENO="0374" SCHEDULE "G" (Continued) Name Location Identification Frequency Transmitting Frequencies Receiving Frequencies Bird Latitude 56°30'lO" North Longitude 94°12'27" West Kettle Lake Latitude 56°10'02" North Longitude 94°42'07" West Gunn Lake Latitude 55~48'24" North Longitude 96°05'23" West Lucky Bay Latitude 55°18'58" North Longitude 97°15'22" West Black Island Latitude 54~54'58" North Longitude 98°30'28" West Hayward Latitude 54°37'SO" North Longitude 99°53'lO" West Cranberry Portage Latitude 54°35'05" North Longitude 101°22'16" West Miliwater 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 236.6mcs 243.0 me/s 126.18 me/s 236.6mc/s 243.0 me/s 126.18 me/s 121.5 me/s 365 kc/s 121.5 me/s 3023.5 kc/s ~> ~ 255.4 me/s 255.4 me/s 122.2 me/s 122.2 me/s 3023.5 ke/s 255.4 me/s 122.2 me/s 255.4 me/s 122.2 me/s 3023.5 ke/s r~i ~ 255.4 me/s 122.2 me/s 255.4 me/s 122.2 me/s 3023.5 kc/s 255.4 mc/s 255.4 me/s 0 ~ 122.2 me/s 122.2 me/s 3023.5 kc/s ~Tj 255.4 me/s 255.4 me/s 122.2 me/s 122.2 me/s 3023.5 ke/s 236.6 me/s 236.6 me/s 243.Omc/s 243.Omc/s 126.18 me/s 126.18 me/s 121.5 me/a 269 kc/s 121.5 me/u 3023.5 kc/s OJ 335 kc/s PAGENO="0375" SCHEDULE "G" (Continued) Name Location Identification Frequency Transmitting Frequencies Receiving Frequencies Hanson Latitude 54°39'04" North Longitude 102°43'03" West Swallow Latitude 54°53'48" North Longitude 104°16'15" West Egg Lake Latitude 54°55'SO" North Longitude 10504314411 West Tippo Lake Latitude 55°04'29" North Longitude 107°08'20" West Canoe Latitude 55°19'23" North Longitude 108°05'46" West Peter Pond Latitude 55°59'46" North Longitude 109°17'OO" West Birch Lake Latitude 56°21 `35" Ncrth Longitude 1 10°23'43" West Stony Mountain Latitude 56°23' North Longitude 1110161 West oU oz VF VH VS VY Vz TN 347 kc/s 227 ke/s 294 kc/s 375 kc/s 246 kc/s 308 kc/s 249 ke/s 371 kc/s 255.4 mc/s 122.2 me/s 255.4 mc/s 122.2 me/s 255.4 mc/s 122.2 mc/s 255.4 mc/s 122.2 mc/s 255.4 mc/s 122.2 me/s 255.4 mc/s 122.2 mc/s 255.4 me/s 122.2 mc/s 236.6 me/s 243.0 me/s 126.18 me/s 121.5 me/s 312 ke/s H H 7) C H t'l C 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 mes/ 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 kc/s 236.6 me/s 243.0 me/s 126.18 me/s 121.5 me/s 3023.5 kc/s PAGENO="0376" SCHEDULE "G" (Concluded) Name Location Identification Frequency Horse . Latitude 56°31'OO" North Longitude 111°47'25" We8t XM 299 kc/s 255.4 me/s 122.2 me/s 255.4 me/s 122.2 me/s 3023.5 kc/s Livock Latitude 56°24'17" North Longitude 113°04'15" West XN 318 kc/a 255.4 me/s 122.2 me/s 255.4 me/s 122.2 me/s 3023.5 ke/s Nipisi . Latitude 55°49'20" North Longitude 114°39'20" West XV 308 kc/s 255.4 me/s 122.2 me/s 255.4 me/s 122.2 me/s 3023.5 kc/s Buffalo Bay Latitude 55°32'30" North Longitude 116°07'15" West XW 249 kc/s 255.4 me/s 122.2 me/s 255.4 me/s 122.2 me/s 3023.5 ke/s Watino Latitude 55°31'06" North Longitude 117°43'30" West YA 347 kc/s 255.4 me/s 122.2 me/s 255.4 me/s 122.2 me/s 3023.5 kc/s Saddle Hill' Latitude 55°34'02" North Longitude 119°13'23" West YH 299 kc/s 255.4 me/s 122.2 me/s 255.4 me/s 122.2 me/s 3023.5 ke/s Dawson Creek Latitude 55°47' North Longitude 12O012~ West DQ 394 kc/s 236.6 me/s 243.0 me/s 126.18 me/s 121.5 me/s 352 ke/s 236.6 me/s 243.0 me/s 126.18 me/s 121.5 me/s 3023.5 ke/s (I, H r'1 H t~1 (J~ 0 tTl 0 2. All MIDIZ beacons operate only on request except for Knob Lake, Great Cranberry Portage, Stony Mountain and Dawson Creek which are on continuous operation. Whale River, Winisk, Bird, PAGENO="0377" AIR LAWS AND TREATIES OF THE WORLD 367 SCHEDULE "H" The MIDIZ clearance Aerodromes are located as follows: Place Location Great Whale River . Latitude 55°17' North, Longitude 77°46' West Winisk Latitude 55°14' North, Longitude 85°07' West Churchill Latitude 58°45' North, Longitude 94°04' West Ilford Latitude 56°04' North, Longitude 95°37' West Fun Flon Latitude 54°45' North, Longitude 101°50' West Lac La Ronge Latitude 55°05' North, Longitude 105°20' West Buffalo Narrows .... Latitude 55°52' North, Longitude 108°29' West McMurray Latitude 56°39' North, Longitude 111°13' West Peace River Latitude 56°14' North, Longitude 117°26' West Fort St. John Latitude 56°14' North, Longitude 1200441 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 129°00' West; thence to Latitude 500301 North, Longitude 121°45' West; thence to Latitude 50~1O~ North, Longitude 121°26' West; thence to Latitude 50°10' North,~ Longitude 128°16' West; thence to the point of beginning. 2. The Eastern SIZ 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 ~o19l West; thence to Latitude 47°30' North, Longitude 70°00' West; thence to the point of beginning. 3. The Hope SIZ 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="0378" PAGENO="0379" REPUBLIC OF CENTRAL AFRICA DECREE No. 62/218 OF OCTOBER 5, 1962, CONCERNING OPERATING CON.. DITIONS FOR AIRCRAFT FOR TRANSPORTATION AND AERIAL WORK IN TIlE REPUBLIC OF CENTRAL AFRICA' TITLE I GENERAL PRovIsIoNs Article 1. Subject to the provisions of Article 2, this decree shall apply to aircraft for transportation of passengers and aerial work of any nationality, which flies over the territory of the Republic of Central Africa. Article 2. The operation of aircraft suitable for transportation of more than ten persons (not including the crew) shall be subject to the provisions of regulations concerning public transport aircraft. Article 3. Except for the responsibilities incumbent on the crew members by virtue of the regulations, the aircraft commander shall be responsible for the operation of the aircraft. It shall be incumbent upon him to make final decisions necessary for safety and, in particular, to postpone departure or to change destination during a flight. TITLE II PARTICULAR PROVISIONS REGARDING INACCESSIBLE AREAS Arti~7e 4. As the Central African territory is considered an inacces- sible area as regards forced landing and rescue of aircraft in distress, the overflight of such territory shall be subject to the provisions of this Title. Article 5. The following flights are authorized for all aircraft: 1) Local flights, i.e.. flights limited to a circle of a radius of 20 km from the center of the airport of departure, except over- flights of the territory of the Congo (Leopoldville). 2) Flights over the routes and the area specified in Annex 1 of this decree. Article 6. Any flight outside the areas and routes specified in the pre- ceding Article 5 shaH be made only with authorization from the authority of jurisdiction. Such authorization is granted with particular regard to proper per- formance of the aircraft, its proper equipment, and the competency of its crew. It may be subject to the operator undertaking to state in writing that expenses necessary for search and rescue will be reimbursed. 1 Journal O~ciel, vol. No. 21, p. 588, Nov. 1, 1962. 369 PAGENO="0380" 370 AIR LAWS AND TREATIES OF THE WORLD Article 7. Except for local flights, all flights must be made in accord- ance with a flight plan. Local flights may be subject to special regulation issued by airdrome commanders. Article 8. Except for the case provided for in Article 9, aircraft must be equipped with the following radio communications and radio navigation instruments in good working order: a VHF transmitter-receiver an HF transmitter-receiver (with at least two quartz crystal controlled frequencies) a radio compass or V.O.R. receiver or adapter. Such equipment must be able to operate on the radio frequencies corresponding to the route followed. Such equipment must be of an approved or accepted type and must have a valid operating certificate. Article 9. When an aircraft does not have the equipment provided for in Article 8, or when no crew member holds the licenses or has the qualifications to operate it, the flight must be made under VFIR by visual observation of landmarks on the ground. Article 10. Any aircraft making a flight other than a local flight, must have equipment for survival signalling, and emergency as speci- fied in Annex II of this decree. Aircraft of tourism are exempt from carrying the emergency radio equipment provided for in paragraph g) of Annex II. TITLE III CREWS 4rticle 11. The membership of the flight crew shall be determined by the owner or operator of the aircraft. It may in no case be less than that specified in the documents connected w-ith the certificate of airworthiness. Article 1. The pilot and other members of the flight crew must hold the licenses and have the qualifichtions required by the regulations. Article 13. Enterprises which employ flight crews for purposes of aerial work must take all measures to reduce fatigue of the crews, particularly by applying the provisions of the regulations concerning the time limit on such work. Article 14. All crew members must maintain an up-to-date flight log on which they must note date of flight, type and registration of the aircraft; nature of flight : transportation of passengers, instruction, train- ing, aerial work: flight control or conditions: VFIR. IFIR, night flight; duties aboard: aircraft commander, copilot, flight student, sin- gle or dual controls, etc.: time of flight, as defined in the regulations; airdromes of take-off and landing. Article 15. The flight log need not be kept aboard, but it must be made available to all accredited officials. Control over flight and particularly over flight time shall be exer- cised by qualified officials of the aviation authorities. PAGENO="0381" AIR LAWS AND TREATIES OF THE WORLD 371 TITLE IV FLIGHT DOCUMENTS Article 16. The following documents must be kept aboard all air- craft: valid certificate of airworthiness and related documents or reg- ulation permit; certificate of registration or an equivalent document; licenses and qualifications of crew members; specific notations on the use of the equipment, particularly as related to flight operations; for all flights during which a landing is planned outside the take-off airdrome, a flight log approved by the authorities in charge of aviation. However, when the aircraft commander is the owner of the aircraft., he may omit the flight log. Furthermore, in all operations of the types specified hereinafter the following documents must be kept aboard: limitations (authentic copies thereof), if any, imposed on a pre- determined kind of work (flights close to the ground, crop spray- ing, etc.) or imposed in application of Article 6 of this decree; li- cense and certificate of operatioii for radio broadcasting equip- ment aboard aircraft so equipped: notice of periodic inspect.ion by the authority assigned to inspect lifevests and emergency rafts when such equipment is required; information and maps concerning the routes, aids to air naviga- tion, airdromes, flight rules, search and salvage, telecommunica- tions installations when the aircraft is called on to use them. The documents required above must be presented to all authorized officials. TITLE V EQUIPMENT Article 17. In addition to the equipment required for issuance of the certificate of airworthiness, all aircraft must have the equipment and facilities specified in Titles V and VI of this decree. Such equipment must be approved or accepted by the authorities of jurisdiction. How- ever, the authorities of jurisdiction may accept. certain t.ypes of equip- ment which does not require aiiy special inspection or test. for their approval. A) For all flights: a mobile extinguisher for all aircraft not equipped with an extinguisher under the cowl; survival kits, and signalling and safety equipment as speci- fied in Annex II of this decree. B) For high altitude flights: for any flight above an altitude of 3,500 meters, oxygen equipment and oxygen reserves as required for aircraft for public transportation. C) For instrument flights: a) the following instruments: an artificial horizon; a gyroscopic turn indicator; PAGENO="0382" 372 AIR LAWS AND TREATIES OF THE WORLD an instrument indicating the speed parallel to the ver- tical axis of the airplane; a gyroscopic direction indicator; an instrument indicating that the supply of the gyroscopic instruments functions properly; a sensitive and adjustable altimeter; an anemometer equipped with a de-icing device; a variometer: an outside thermometer. These instruments must be located in compliance with the regula- tions and in such a manner that the pilot may easily consult them. b) Transmitting and receiving equipment for telecommunications which Permit at all times to ascertain two-way connection with the authorities in charge of aviation in the areas over which the flight takes place. Radio navigation equipment suitable for the aids to navigation available in Ihe areas over which the flight takes place. Such equipment must be of an approved or accepted type and must have a valid operating certificate. B)2 For night flights: In addition to the instruments required under paragraph D)2: position lights; a landing light: a means to illuminate the dashboard instruments nec- essary for safety; a source of energy capable of supplying the above in- stallations; a set of replacement fuses or at least three fuses of each size; an electric flashlight with a blinker device for each crew member. E) For acrobatic flights: For eaeh l)~i~O1I aboard, a harness and a para~liute in good operating condition and inspected by the respective authority. TITLE VI FAcILrrIEs Article 18. a) Emergency exits: Emergency exits suitable to the capacity and the mechamsm to open them, must~ bear instructions whicli permit~ their ready use even at night. The loading of aircraft must permit free access to such exits. b) Seats: Every aircraft must be so equipped as to provide a place for each occupant, either to sit or to lie down. and there must be an appropri- ate seat belt or harness. c) Transportation of children: Transportation of children shall be subject to the provisions of Annex III of this decree. 2 ThIs lettering (B instead of D and vice versa) as It appears In the French original, Is obviously in error-Ed. PAGENO="0383" AIR LAWS AND TREATIES OF THE WORLD 373 TITLE VII MAINTENANCE Article 19. Every aircraft must be maintained in accordance with a maintenance program established by the manufacturer of the aircraft, by the operator, or by an enterprise approved for such work and sub- ject to inspection by the services or authorities concerned. In certain cases this program may be replaced by a regular semi- annual inspection made by the approved supervisory authority. Article 00. The operator must set up and keep up-to-date logs for the engines, for the aircraft and files for the propellers, in conformity with the rules established by the services or authorities of jurisdiction. TITLE VIII OPERATION Article 21. Aircraft must be operated in conformity with the pre- scripts set. forth in the certificate of airw-orthiness, the related docii- ments and the operations manual when one is required. Artkle 22. The aircraft commander must ascertain that the aircraft carries the fuel and lubricants necessary for the trip planned, in con- formity with the regulations. TITLE IX SAFETY or LOADING Article 23. The aircraft commander must prohibit the loading of, or unload any person or cargo which presents a danger to health con- ditions or safety of the aircraft. Article 24. Transportation of dangerous or infectious substances or of small infected or poisonous animals shall be subject to the same regulations in regard to passenger aircraft or aircraft for aerial work as for aircraft for public transportation. TITLE X SPECIAL EQUIPMENT Article 25. Aircraft and equipment thereof, which are used for aerial work (pulling gliders or advertising streamers, parachuting of persons, crop spraying, etc.) must. be accepted or approved by the serv- ices of jurisdiction. TITLE XI APPLICATION Article 26. The accredited agencies may ascertain at all times on the ground or during flight that there is compliance with the provisions of this decree. PAGENO="0384" 374 AIR LAWS AND TREATIES OF THE WORLD Article 27* Exceptions from certain provisions of this decree may be granted by the authority of jurisdiction. Article 28. All provisions in conflict with the provisions of this decree are hereby abrogated. Article 29. This decree shall be published in the "Journal o~71ciel" of the Republic of Central Africa and shall be disseminated wherever needed. [EDITOR'S NOTE: Three annexes, published with the foregoing decree deal with authorized air routes. (Annex I), specifications for survival kits, signalling devices, and first aid kits Annex II). and transportation of children (Annex III). Annex III further designates certain government officials as technical aviation advisers at various ministries, and provides for appropriations for salaries and equipment.] PAGENO="0385" CEYLON AIR NAVIGATION' Ax ACT TO GIVE EFFECT TO CERTAIN INTERNATIONAL Cox- Act8 of 1950 VENTIONS RELATING TO AIR NAVIGATION AND CARRIAGE 28 of 1952: BY AIR, TO MAKE PROVISION FOR THE GENERAL REGULA- TION AND CONTROL OF AIR NAvIG~'rIoN. AND FOR PUR- POSES CONNECTED THEREWITH OR INCIDENTAL THERETO. [18th May, 1951.] 1. This Act may be cited as the Air Navigation Act. Short title. 2. (1) Regulations may be made under this Act em- ~We~r to powering the Minister by Order to grant exemption ~xemption from any of the provisions of this Act to such classes or o°e~ation description of aircraft or persons as may be prescribed of Act. in the regulations or to any aircraft or person belonging to any such prescribed class or description of aircraft or persons, to such extent~ or subject to such terms, con- ditions or restrictions as may be so prescribed. (2) The Minister may, on the occurrence of any public emergency, by Order exempt a.ny aircraft or person or class or description of aircraft or persons from any of the provisions of this Act to such extent or subject to such terms, conditions or restrictions as flay appear to him t.o be necessary in the public interest, notwithstanding that he is not empowered to do so by regulations referred to in subsection (1). (3) Every Order made by the Minister in pursuance of the regulations referred to in subsection (1) or the powers conferred by subsection (2) shall be as valid and effectual as though it were herein enacted. PART I AIR NAVIGATION 3. (1) Regulations may be made under this Act pro- ~~tto viding for all such matters as the authority empowered Chicago to make such regulations may deem requis{te or expedi- ~~ntion ent~- regulate air (a) for carrying out the Chicago Convention, any nay gatlon. Annex thereto relating to international standards and recommended practices (being an Annex adopt- ed in accordance with the Convention) and any amendment of the Convention or any such Annex made in accordance with the Convention; or (b) generaTly for regulating air navigation. 1 Legislative Enactments of Ceylon, Vol. XI, pp. 373-399. 39-7~--G5---voI, i-----~i 375 PAGENO="0386" 376 AIR LAWS AND TREATIES OF THE WORLD (2) Without prejudice to the generality of the powers conferred by subsection ( 1), regulations may be made under this Act for or with respect to all or any of the following matters :- (a.) the registration of aircraft. in Ceylon; (b) the prohibition of aircraft from flying unless certilicates of airwoithmess issued or validated under the regulations are in force with respect to them and except upon compliance with such conditions as to maintenance and repair as may be specified in the re~u1ations: ~c) the licensing, inspection, regulation and con- trol of aerodromes and the prohibition or regula- tion of the use of unlicensed aerodromes; (ci) the access to aerodromes and places where aircraft have landed, the access to aircraft factories for the purpose of inspecting work therein carried on in relation to aircraft or parts thereof, and the prohibit ion of trespassing on aerodromes; (e) the~ prohibition of the engagement or employ- ment of persons in or (except in the maintenance at unlicensed aerodromes of aircraft not used for or in connexion with commercial, industrial, or other gainful purposes) in conilexion with, air navigation in such capacities as may be specified in the regu- lations excel)t in accordance with pro~~isions in that behalf contained in the regulations, and the licensing of those employed at licensed aerodromes in the inspection or supervision of aircraft (f) the conditions under which, and h~ particular the aerodroines to or from which, aircraft entering or leaving Ceylon may fly, and the conditions under which aircraft may tlv from one part of Ceylon to another; (ii) the conditions unde.r which passengers and goods univ be (alTied by air and under which aircraft iiiay he used for other commercial, industrial or gainful purposes and the. prohibition of the carriage by air of goods of such classes as may be specified in the re~ulations (h ) the minimization or prevention of the inter- ference with the use or effectiveness of apparatus used in connexion with air navigation, and the pro- hibition or regulation of the use of such apparatus as aforesaid and the display of signs and lights liable to endanger aircraft (1) generally for securing the safety, efficiency and regularity of air navigation and the safety of air- craft and of persons and property carried therein, the prevention of aircraft from endangering other persons and prolerty and, in particular, the deten- tion of aircraft for any of the purposes specified in this paragraph; PAGENO="0387" AIR LAWS AND ThEATIES OF THE WORLD 377 (j) the supply of me~ eorological information for the purposes of air navigation by pe1soi~s engaged in, or employed in or in Conilexion with, such navi- gation (ic) the regulation of the malnn~ of sIgnals and other comm unicat ions by or to a i israft and persons carried therem; (7) the regulation of the use of the civil air ensign and any other ensign established by the. Minister for purposes connected with air naviga- tion (rn) the prohibition of the flying of aircraft ove.r such areas in Ceylon as may be specified ~fl the regulations (n) the application, adaptation or modification of the enactments relating to customs in relation to aerodromes and to aircraft and to persoi~s and ert.y carried therein and the prevent ~on of smuggling by air: (o) the manner and conditions of the issue, vahi- dation, renewal, extension or variation of any cer- tificate, licence or other document required by the regulations (including the examinations and tests to be uncler~tone) , and the form, custody, procluc- tion, cancellation, s1~'pension, endorsement and surrender of any such document: (p) the regulation of the charges that may be made for the use of aeiodromes and for services provided at such aerodromes: (q) prescribing the fees to be I)aid in resI)eCt of the issue, validation, renewal, extension, or varia- tion of any certificate, licence or other document or the undergoing of any examination or test required by the regulations and in respect of any other mat- ters for which it appears to the authority empow- ered to make the regulations to be expedient for the purposes of the. regulations to charge fees; (r) the regulation and control of the conditions under which noise. and vibration may be caused by aircraft on aeroclrornes and the application of the provisions of section 4 to any aerodrome. as respects which provision as to noise and vibration caused by aircraft. is so made. (3) Regulations referred to in paragraph (i~i ) of sub- section (2) may, for the purpose of securing comphi- alice with any provision thereof, provide for tile taking of sucil steps (including firing on aircraft) as may be specified in the. regulations. 4. No action shall lie in respect of any nuisance by Nuisance reason only of the noise and vibration eause(l iiv air- caused by craft on an aerodrome to \vldell this section applies by ~ virtue of any regulations mode under this Act, so long dromes. as the provisions of such regulations are. duly complied with. PAGENO="0388" 378 MR LAWS ~D TREATIES OF THE WORLD ~1~~ent 5. (1) Save as otherwise provided in section 6, where it is alleged by any person interested that a foreign aircraft making a passage through or over Ceylon in- fringes in itself or in any part of it any invention, design or model which is entitled to prptection in Cey- lon, it shall be lawful, subject to and in accordance with rules made as hereinafter provided, to detain such air- craft until the owner thereof deposits or secures in respect of the alleged infringement a sum (in this section referred to as "the deposited sum"), and there- upon 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 otherwise, in respect of or on account of the alleged infringement. (2) The deposited sum shall be such a sum as may be agreed upon between the parties interested, or in default of agreement shall be fixed by the Minister or some person duly authorized by the Minister in that behalf, and payment thereof shall be made or secured to him in such manner as lie shall approve. The de- posited sum shall be dealt with by such court; and in accordance with such procedure as may be prescribed by rules which are hereby authorized t.o be made under the Courts Ordinance for that purpose as well as for the purpose of ~ generally for carry this section into effect. (3) For the purposes of this section and of section 6, the expression "owner" includes the actual owner of an aircraft, and any person claiming through or under him, and the expression `passage" includes all reasonable landings and stoppages in the course or for the purpose of a passage. Exemption~f 6. (1) Notwithstanding anything in section 5 of this f~r~e- Act or any other written law, any lawful entry into &~., Ceylon, with or without landings, of an aircraft to which on patent this section applies shall not entail any seizure or deten- claims. tion of the aircraft or any proceedings being brought against the owner or operator thereof or any other inter- ference therewith by or on behalf of any person in Ceylon, 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) Notwithstanding anything in section 5 of this Act or any other written law, the importation into, and ~torage in, (`eviomi of spare l)a1~ts 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 pro- ceedings 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 PAGENO="0389" AIR LAWS AND TREATIES OF THE WORLD 379 by or on behalf of any person in Ceylon on the ground that the spare parts or spare equipment or their installa- tion is or are an infringement of any patent, design or model: Provided, however, that the preceding provisions of this subsection shall not apply in relation to any spare parts or spare equipment which are sold or distributed in Ceylon or are exported from Ceylon for sale or dis- tribution. (3) This section applies to an aircraft registered in any country or territory in the case of which there is for the time being in force a declaration made by the Minister, with a view to the fulfillment of the provisions of the Chicago Convention, that the benefits of those provisions apply to that country or territory, and to such other aircraft as the Minister may by Order specify. 7. (1) In time of war, whether actual or imminent, ~ or of great national emergency, the Minister of Defense case of and External Affair may by general or special Order emergency. regulate or prohibit, either absolutely or subject to such conditions as may be contained in the Order, the navigation of all or any descriptions of aircraft over Ceylon or any portion thereof, or the territorial waters adjacent thereto: and may, by the same or any subse- quent Order, provide for taking possession of and using for the purposes of Her Majestys naval, military or air forces any aerodrome or landing ground, or any aircraft, machinery, plant, material or things found therein or thereon, and for regulating or prohibiting the use, erection, building, maintenance or establishment of any aerodromne, flying school, or landing ground, or any class or description thereof. (2) An Order under this section may make, for the purposes of the Order, such provision as regulations under this Act may make by virtue of paragraph (m) of subsection (2) of section 3. (3) 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 compen- sation from the Minister of Defense and External Affairs from such moneys as may be provided by Parliament for the purpose, the amount thereof to be fixed, in default of agreement. between the parties interested, by an arbitrator to be agreed upon between such parties or failing such agreement to be appointed by the Chief Justice: Provided, however, that no compensation shall be payable by reason of the operation of a general Order under this section prohibiting flying in Ceylon or any part thereof. 8. (1) (a) The Minister shall have power on behalf ~t of tl1e Government to establish and maintain aero- of dromes (including power to provide and maintain roads PAGENO="0390" 380 AIR LAWS ;~XD TREATIES OF THE WORLD mci approaches. niNings and other accoi modation and a~)paratus and equlpment for such areodromes . Where the Ministei (en 1 Hes that any l~nct is required for that ~i~~'pose, the. Minister charged with the subject of the a(lmmistrat ion of t lie Land ~cquisition Act may direct that Ouder be taken under that. Act for the acquisition of the hind on behalf of the Government, and for deter- mining the compensation to be paid to the parties inter- estecl lU Ic anionic with lie provisiOns of that. Act: Provided, however, that the. preceding Provisions of this subsection shall not be construed as authorizing the Minister to act otherwise than for the puu'i~oses of civil aviation. (b ) Where a dt~ ection is ~1ven Lv the Minister under paragraph (~) of this subsection for the acquisition of :IUV foul. oh tIle plovislaus at the Land Accjuisitioii Act shall apply in all respects in like manner as though the land were required for a pui:)iic puirpose. (~) For the avoidance of doubts it. is hereby declared that. one of the puiposes for which the Minister is em- powered by this section to accluire land is the purpose of securing that the land adjacent to the site of an aerocirome which the Minister has established or is about to estab- lish. shall not be used in such manner as to cause inter- ference with, or danger or damage to, aircraft at, ap- proaching or leaving the aerocirome. 9. (1) ~o action shall lie in respect to trespass or in and resp~n- respect of nuisance, by reason only of the flight or the t1e~0r ordinary incidents of the flight of aircraft over any property at a hiebzhit above the ground which, having regard to wind, weather, and all the circumstances of the case is reasonable, so long as the provisions of this Act. and any regulations or orciers made thereunder are duly compiied 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 an article or person falling from any such aircraft, to any person or property on land or water, damages shall be recover- able 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 Lv 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: Provided that. rhiere niaterial damage or loss is caused as aforesaid in circumstances in which- (a) some ~~erson other than the owner of the air- craft would under any other law having effect in Ceylon be liable to pay clamages in respect of such damage or loss: mci (~) such damages are recoverable and recovered from the owner of the aircraft by virtue only of the provisions of this section, PAGENO="0391" AIR LAWS A~'TD TREATIES OF THE WORLD 381 the owner shall be entitled to be indemnified by that other person in respect of the damages so recovered from the owner. (2) Where any aircraft has been bonn fiche demised, let, or hired out for a period exceeding fourteeii 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 section shall have effect as though for references to the owner there were substituted references to the person to whom the aircraft has been so demised, let., or hired out. 10. (1) WThere an aircraft is flown iii such a manner as to be the cause of unnecessary danger to any person flying. or property on land or water, the pilot or the person in charge of the aircraft, and also the owner thereof, unless such owner iwo~~es to the sat isfaction of the court that the aircraft was so flown without. his actual fault or privity, shall each be guilty of an offence. under this Act. (2) For ihe purposes of this. sect 1011, the expression "owner", in ielation to an aircraft, includes any 1)5011 by whom the aircraft. is hired at the time of the offence. (3) The provisions of this section shall he in addition to and not in substitution for any general safety or other provisions prescribed by an order or regulations made under thjs Act. 11. (1) Any services rendered in assisting or in saving ~ life from, or in saving the cargo or apparel of, an aircraft in, on or 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 in all cases in which they would have been salvage services if they had been rendered in rela- tion to a vessel; and where salvage services are rendered by an aircraft to any person or property, the owner of the aircraft shall be entitled t.o the same reward for those services as he would have been entitled to if the aircraft had been a vessel. Tile preceding provisions of this subsection shall have effect. notwithstanding that the aircraft concerned is a fore.igii aircraft. and notwithstanding that the services in quest ion are rendered elsewhere thai~ within the limits of the territorial waters adjacent. to a~~v paid of Ceylon. (2) The Minister may make regulations directing that the. provIsionS of any law for the. time beii in force in Ceylon which relate to wreck. to salr ie of life or prop- ertv or to the duty of renderinir assistance to vessels in distress shall. wjth such excel)tions, a(lal)tatlons and mod- ificatioiìs, if ally, as may he specified in the regulations, apply ill Ielata)ll to aircraft as those provislolls apply in relation to vessels. (3) For tile purposes of this section. any provisions of any law for the time being in force in Ceylon which relate to vessels laid by or neglected as unfit for sea service shall be deemed to be provisions relating to wreck. PAGENO="0392" 382 AIR LAWS AND TREATIES OF THE WORLD Power to provide for Investigation Into accidents. Indication of presence of obstructions near aerodromes. 12. (1) Regulations may be made under this Act pro- viding for the investigation of any accident arising out of or in the course of air navigation and occurring in or over Ceylon or the territorial waters adjacent thereto, or elsewhere to Ceylon aircraft. (2) Without prejudice to the generality of the powers conferred by subsection (1), regulations referred to in that subsection may contain provisions- (a) requiring notice to be given of any such acci- dents as aforesaid in such manner and by such per- sons as may be specified in the regulations; (b) applying, with or without modification, for the purpose of investigations held with respect to any such accidents the provisions of any law for the time being in force in Ceylon relating to the investigation of deaths and accidents; (c) prohibiting, pending investigation, access to or interference with aircraft to which an accident has occurred, and authorizing any pe.I~on, 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) authorizing or requiring t.he cancellation, sus- pension, endorsement, or surrender of any licence or certificate granted in Ceylon under this Act or any order or regulations made thereunder, or the withdrawal or suspensioll of any validation con- ferred in Ceylon of a licence granted by a duly com- petent authority elsewhere, where it appears on an investigation that the licence or certificate ought to be cancelled, suspended. endorsed, or surrendered, or the validation withdrawn or suspended, as the case may be: and for the production of any such licence or certificate for the purpose of being so dealt. with: Provided that nothing in this section shall limit the powers of any authority under the WTrecks and Salvage ordinance, No. 5 of 1861. 13. (1) If the Minister is satisfied, with respect to any building, structure or erection in the vicinity of any aerodrome that, in order to avoid danger to aircraft flying in that vicinity in darkness or conditions of poor visibility, provision ought to be made (whether by light- ing or otherwise) for giving to such aircraft warning of the presence of that building, structure, or erection, he may by order authorize (subject to any conditions speci- fied in the order) the proprietor of the aerodrome, and any l)erson acting under the proprietor's instructions- (a) to execute, install, 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="0393" AIR LAWS AND TREATIES OF THE WORLD 383 (b) so far as may be necessary for exercising any of the powers conferred by the order to enter upon a.nd pass 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 building, structure or erection if it appears to the Minister that. there have been made, and are being carried out, satisfactory arrangements for the giving of such warning as aforesaid of the presence of the building, structure or erection. (2) The Minister shall, before making any such order as aforesaid, cause to be. published, in such manner as he thinks best for informing persons concerned, notice of the proposal to make the order and of the place where copies of the draft order may be obtained free of charge, and take into consideration any representations with respec.t to the order which may, within such period not being less than two months after the publication of the notice as may be specified therein, be made to him by any person appearing to him to have an interest in any land which would be affected by the order; and at the end of that period the order may, subject. to the provisions of t.his section, be made with such modifications, if any, of the original draft as the Minister thinks proper. (3) (a) Every such order as aforesaid shall provide- (i) that, except in a case of emergency~ no works shall be executed on any land in pursuallce of the order, unless, at least fourteen days previously, the proprietor of the. aerodiome to which the order re- lates has served, in the manner presc1il~eT by the order, on the occupi.er of that. land, and on every other person known by the proprietor to have an interest therein, a written notice conta.ining such particulars of the nature of the proposed 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 oider; and (ii) that if, within fourteen (lays after service of the said notice on any person having such an interest, the proprietor 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 pro\~idle. for requiring the proprietor of the aerodrome to which the order relates to pay to any person having an interest in any land a.fleetecl b the order such compensation for any damage or loss which that person may suffer in consequence of the order as may, in default of agreement between the parties interested, be deter- PAGENO="0394" 384 AIR LAWS AND TREATIES OF THE WORLD mined from time to time by a single arbitrator appointed by the Chief ,Justice, and, for the purposes of this sub- section, any expenses reasonably incurred in connexion with the lawful removal of any apparatus installed in pursuance of such an order, and so much of any expenses incurred in connexion with the repair, alteration, demoli- tion or removal of any building, structure or ereet.ion to which such an order relates as are attributable to the operation of the order shall be deemed to be loss or dam- age suflered in consequence of the order. ~) Any compensation due under paragraph (ci) of this subsection from the proprietor of any aerodrome which is established or maintained by or on behalf of the Government. sliitll be payable out of such moneys as may be provided for the piii~pose. by Parliament. (4) The ownership of anything shall not be taken to be affected by reason only that it. is placed or affixed to any land in pursuance of such an order as aforesaid; and (subject to the provisions of the next. following subsec- tion) so long as any such order in respect. of an aero- droine. is in force, no person shall, except with the con- sent. of the proprietor of the aerodrome, wilfully interfere with any works or things which, to the knowledge of that pei'son, are works or things, executed or placed in, on or over any land in pursuance of the order. (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 piwpose of repairing, alter- ing, demolishing or removing the building, structure or erection, pro~it1ed that- (a) notice of the doing of that work is given as soon as may be to the proprietor of the aerodrome; a nd (b) tIle giving of warning of the presence of the building, structure or erection in the manner pro- vicleci by any order under this section in force in rela- tion thereto is not. interrupted. PART II ADDITIONAL P~~ovisioxs APPLICABLE TO CIVIL AVIATION 14. (1) Regulations may be made under this Act- Information as to air transport undertakings and use of customs aerociromes. (a) requiring any person- (1) who carries on the business of carrying passengers or goods in aircraft for hire or re- ward on such journeys or classes of journeys (whether beginning and ending at tile same point or at different, points) a.s may be specified in the regulations: or (ii) who is the holder of a licence in respect of a. customs aerodrome, PAGENO="0395" AIR LAWS AND TREATIES OF THE WORLD 385 to furnish to such authorities as may be specified in the regulations such information relatmg to the use of aircraft for the purpose of the said business and to the 1je~~oiis employed in connexion with that. use, or, as the case may be., relating to the use of the aero- drome and to the persons emplOye(l in aircraft arriv- ing thereat or departing therefrom, as may be pre- scribed by the regulations; (b) requiring the owner, or the pilot or other per- son in charge, of any aircraft arriving at, or depart- ing from, any customs aerodrome to furnish to the holder of the license in respect of that aerodrome such information as may be necessary to enable the holder of the said licence to comply with such of the provisions of the regulations as relate to him; (e) prescribing the time at which, anti the. form anti manner in which, any information required un- der the regulations is to be furnished: Provided, however, that a person carrying on such a. business as is mentioned in sul)-paragiaph (i) of paragraph (a.) of this subsection shall not be rcquire~l to furnish information relating to the use. of aircraft on ion rneys wholly outside Ceylon. or relating to per- sons exclusively employed outside Ceylon, unless the person ccrrr~ng on the business is either a citizen of (.~evlon or a body corporate mcOrpOrte(l under the law of Ceylon. (~) (a) ~`o information with respect to any l)artic~ ular undertaking whii~li has been obtained b virtue of regulations referred to in this section shall, with- out the consent of the person carrying on that under- taking, be disclosed otherwise than in connexion with the. execution of such regulations. and if any person discloses any such information in contravention of this subsection he shall be. guilty of an offense under this set. (h) Nothing in paragraph (a) of this subsection shall apply to the disclosure of any information for the 1)il1pos('s of any legal proceedings which may be taken by virtue of that paragraph, or of any regula- tions referred to in this sect ion or for the purpose of any report of any such proceetlmgs, but, save as aforesaid, the restriction imposed by that 1)al~graph shall, in relation to any legal proceedings (including aibitiatioust , extend SO 55 to pioll ~bit and 1)Ieve1~t any person who is in possession of any such informa- tion so obtained froni disc losing. and fn)nI being re- quired by Oily court or aibit istor to disclose that. iii- forni~tion (whether as a witness or otherwire) except with the consent of the 1e1son carrying on the undertaking to which the information relates. 15. (1) Regulations may be made under this Act- (a) for securing that aircraft shall not. be used in Licensing of air transport and commercial flying. PAGENO="0396" 386 A-JR LAWS AND TREATIES OF THE WORLD Ceylon by any person- (i) for flying, while carrying passengers or goods for hire or reward, on such journeys or classes of journejs (whether beginning and end- ing at the same point or at different points) as may be specified in the regulations; or (ii) for such flying undertaken for the pur- pose of 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 licensing authority specified in the regulations; (b) as to the circumstances in which a licence un- der the regulations may or shall be granted, refused, revoked or suspended, and in particular, as to the matters to which the licensing authority specified in the regulations is to have regard in deciding whether to grant or refuse such a licence; (c) as to appeals from the licensing authority by persons interested in the grant., refusal, revocation or suspension of any ] icence under the regulations; (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 conditions ~o 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 regulations; (f) for prescribing the fees to be paid in respect of the grant of any licence under the regulations, and such regulations may make different, provision as respects different classes of aircraft and different classes of licenc.e.s. (~) Nothing in this section shall be taken to affect the power under section 3 of giving effect by regulations to any provision or amendment. of the Chicago Conven- tion, being a provision or amendment which authorizes the imposition of restrictions on the use of foreign aircraft. PART III CARRIAGE B~ Am Provisions 16. (1) The Articles contained in the First Schedule, ~ being the provisions of the Warsaw Convention, shall so far as they relate to the rights and liabilities of law, carriers, pa~ei~ers, consignors, consignees and other persons and subject. to the provisions of this section, have the force of law in Ceylon in relation to any carriage by air to which the Convention applies, irrespective of the nationalit.y of the aircraft perform- ing that. carriage. (2) The Minister may, by Order from time to time published in the Gazette, certify who are the High PAGENO="0397" AIR LAWS AND TREATIES OF THE WORLD 387 Contracting Parties to the Warsaw 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 Conven- tion, and any such Order shall, except in so far as it has been superseded by a subsequent Order, be con- clusive evidence of the matters so certified. (3) Any reference in the First Schedule to the terri- tory of any High Contracting Party 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 liability imposed by Article 17 of the 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. passenger under any law, whether statutory or otherwise, for the time being in force in Ceylon, and t.he provisions of the Second Schedule 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 22 of the First Schedule shall, for the purposes of any action against a carrier, be converted into rupees 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. 17. (1) Every High Contracting Party to the War- Ac9onsHj 11 saw Convention who has not availed himself of the pro- visions of the additional Protocol thereto, shall for the ~ purposes of any suit brought in a court in Ceylon in c~.rrIa~e by accordance with the provisions of Article 28 of the First a r. Schedule to enforce a claim in respect of carriage under- taken by him, be deemed t.o have submitted to the juris- diction of that court, and accordingly any such suit may be maintained notwithstanding anything in Chapter XXXII of the Civil Procedure Code. Rules which are hereby authorized to be made for that purpose under the Courts Ordinance may provide for the manner in which any such suit is to be commenced or carried on. (2) Nothing in the preceding provisions of this sec- tion shall be deemed or construed to authorize any court to attach or sell any property of a High Contracting Party to the Warsaw Convention. 18. The Minister may, by Order published in the AppI1c~ition Gazette, apply the provisions of the First Schedule and ~n~'~rst any provision of section 16 to such carriage by air, not being international carriage by air as defined in that air which Schedule, as may be specified in the Order, subject how- ~t1~n~1. ever to such exceptions, adaptations and modifications, if any, as may be so specified. PAGENO="0398" 388 AIR LAWS AND TREATIES OF THE WORLD Definition 19. For the purposes of this Part of this Act and the ~ First and Second Schedules, the expression "Warsaw Convention" or `Convention" means the convention for the unification of certain rules relating to international carriage by air which was signed at Warsaw on 12th Oc- tober1 1929. and any other convention or agreement amending that convention. PART IV ADMINISTRATION Appointment 20. (1) There may be appointed, for the purposes of of Director of 1 Civil Aviation. this ~ut. whether ov name or ov olnce- (c) a fit and Proler person, to be or to act. as the Director of Civil Aviation; and (7 ) such other othcers and servants as may be rieve*~iiry for carrying out. or giving effect to the provisionS of this Act. (2) The Director of Civil Aviation shall exercise, per- form or di-char~re such powers. duties or functions as may be coiiferi'ed or im1)osed upon, or vested in him by any Order or regulations made under this Act or as may l)e dele~atecl to him Lv the Minister as hereinafter ~l'0V i dccl. Delegation of 21. The Minister may, for the purposes of civil avia- tion, generally or specially, delegate to the Director of Civil Aviation any powers (other than the. poweI' to make regulatIons or Orders). (luties or functions conferred or imi)osed upon. or veste(l in the. Minister by or under this Act. Expenses. 22. Aiiv sums required for the contribution from Cevlo~i f~ r he Internist oiial Civil Aviation Or~iuiization set up under he Chicago Convention and afi expenses incurred hi the administration of this Act. shall be pay- able out of such niouevs as may be provided for the pur- po~~ by Parliament. 23. 111 sums paid or recovered by way of fees, charges Coneolidated or iine~ under this Act shall be 1)aval)ie into the Coitsoli- Fu i~d. dated Fund. PART V Rrn;uLxTluYs A~D ORDLRS Regulations. 24. (1) The Minister may make regulations for the ~ ot carrying out or giving effect to the prill- ciples and provisions of this Act. :~ ) Whhout l)reIu(lie to the generality of the ~ conferred Lv subsection (1), the Minister may make regulat IOIIS in respect. of all matters for which regulations are requlrecl or authorized to lie made under this Act. PAGENO="0399" AIR LAWS AND TREATIES OF THE WORLD 389 (3) Notwithstanding anything to the contrary in the preceding provisions of this section, the po~ver to make regulations under section 3 (~) (ii) of this Act shall be vested in, and exercised only by, the Minister of Finance. 25. Without prejudice to the ~e.neralitv of the P~~~l's Further herein before conferred by tlii~ Act, re~ulations under ~t~s~~hich this Act. may- (a.) make different provision with reference to different classes of a i rcra ft., aerodromes, persons or property and with respect to different circumstances and with respect. to different parts of Ceylon but shall, so far as practicable, be so framed as not to discriminate in like circumstances between aircraft registered in Ceylon operated on charter terms by one air transport. undertaking arid such aircraft so operated by another such iuidertaldng; (h ) be made applicable to Ceylon aircraft wher- ever they may i)e ~c) prohibit, require. or regulate the doing of any- thing by persons in, or any of the crew of, Ceylon aircraft wherever they may be or (i/) prohibit. require. or regul a ~e tb loilig of any- thing in relation to Ceylon aircia ~t by other persons, being citizens of Ceylon, wherever they may l)e.. 26. Any order or regulations made under this Act in Pow~rs to relation to aircraft may I)ro\lde for the detention of air- ~ craft to secure compliance. with the order or regulations, aircraft. as the. case may be, or with any provisioiis of this Act in connection with which the order or regulations is or are made and may make such further 1)rovision as ap- pears to the authority empowered to make such order or regulations, as the case may be. to the. necessary or expedi- ent for securing such detention. 27. The power to make any order or regulations con- ~fto0r ferreci by any section of this Act shall include. 1o\ver to certain make provision that any certificate or licence or other ~~~s~onal document issued or validated, or OilY direction or l)el'- mission or authorization given, or any registrafion ef- fecteci, under any law which has ceased to have effect as pait of the law of Ceylon by virtue of any provision of this Act, shall, until revoked or suI)ers'e;ie( I, reniain in force as though the same has beeii issued or vol idat ed, given or effected under the order or regulations so made, as the case may be, and that such order or reguiat~ons, as the case may be, shall apply to any such certiflate. li- cence. or other cloci.iment, or d~rection, per1ni~sion. au- thorizat ion or registration. 28. Every regulation made under this Act diall be ~~1~1o~) 1)ublished in the Gazette and shah come into elect on 1ishe~ in the such date as may be specified therein. Uazette. PAGENO="0400" 390 AIR LAWS AND TREATIES OF THE WORLD Regulations must be laid before the Senate and House of Repre- sentatives. Powers to apply to air- craft provisions of law relating to d~~tention of ships. Power to make regulations or orders before corn mencement of Act. 29. Every regulation made under this Act shall, as soon as may be after it comes in effect as provided by section 28, be laid before the Senate and the House of Representatives; and if a resolution is passed by the Sen- ate and the House of Representatives, within forty days after the regulation is so laid, that the regulation shall be annulled, the regulation shall with effect from the date of the resolution be void, but without prejudice to any- thing previously done thereunder. Every regulation which is not so annulled shall be as valid and effectual as though it were herein enacted. 30. The provisions of any law for the time being in force in Ceylon relating to the detention of ships may, with the necessary modifications, be applied by the Minis- ter, by Order published in the Gazette, to the detention of aircraft. 31. Regulations or orders may be made by the Minister under this Act. and, in the case of regulations, may be submitted to the Senate and the House of Representatives for approvaL when this Act becomes law and takes effect as such in accordance with the lrovisions of section 36 of the Ceylon (Constitution) Order in Council, 1946, and before the 18th day of May, 1951: Provided, however, that. no such regulation or order shall come into operation before that date. PART VI MISCELLANEOUS JurisdIction. 32. (1) Any offence under this Act, and any offence whatever committed on a Ceylon aircraft, shall, for t.he purpose. of conferring jurisdiction, be deemed to have beeii committed in any place where the offender may for the time being be. (2) Rules which are hereby authorized to be made under the Courts Ordinance for the purpose may make provision as to the courts in which proceedings may be taken for enforcing any claim under this Act, or a.ny ot.her claim in respect of aircraft, and in particular may provide for conferring jurisdiction in any such proceedings on any c.ourt exercising admiralty juris- diction and applying to such proceedings any rules of practice. or procedure applicable to proceedings in admiralty. 33. (1) Every document purporting to be an Order or other instrument, made or issued by the Minister in pursuance of any provision contained in, or having effect under, this Act, and to be signed by him or on his behalf, shall be received in evidence and shall, until the contrary is proved, be deemed to be an instrument made or issued by him. Proof of in strurnen ts made or issued by Minister. PAGENO="0401" AIR LAWS AND TREATIES OF THE WORLD 391 (2) Prima facie evidence of any such instrument as aforesaid may in any legal proceedings be given by the production of a document purporting to be certified to be a true copy of the instrument by, or on behalf of, the Minister. 34. Any person who- (a) contravenes or fails to comply with any pro- vision of any regulation or order made under this Act; or (b) obstructs or impedes any person in the exercise of his powers and dut.ies under this Act or under any regulation or order made thereunder, shall be guilty of an offence under this Act. 35. Every person who is guilty of a.n offence under this Act shall on conviction be liable to a fine not ex- ceeding two thousand rupees or to imprisonment of either description for a term not exceeding one year, or t.o both such fine and imprisonment. 36. `Where any person is convicted of a.n offence under this Act, the court by which he is convicted may, in addi- tion to any other penalty that may be imposed for the offence, direct that the aircraft or article, if any, in re- spect of which t.he offence was committed, shall be for- feited to Her Majesty. 37. All offences under t.his Act shall be. cognizable offences for the purpose of the application of the pro- visions of the Criminal Procedure Code, notwithstand- ing anything contained in the First. Schedule of t.hat Code, and shall be triable summarily by a Magistrate. 38. (1) In this Act, unless the context otherwise requires- "a.erodrome" means any definite or limited ground or water area intended to be used, either wholly or partly, for the landing or departure of aircraft and all buildings, sheds, vessels, piers, a.nd other struc- tures thereon or appertaining thereto; "aircraft." means any machine that can derive sup- port in the atmosphere from the reactions of the air; "airship" means any power-driven lighter-than- air aircraft; "balloon" means a non-power-driven lighter-than- air aircraft; "Ceylon aircraft" means aircraft registered in Ceylon under this Act; "Chicago Convent ion" means the Convention on International Civil Aviation which was signed at Chicago on the 7th day of T)ecember, 1944, as amend- ed by any subsequent. convention or agreement; "citizen of Ceylon" means a citizen of Ceylon un- der any law for the time being in force; "crew", in relation to an aircraft, includes any per- son having duties on board in connexion with the OlTences. Penalties. Power of court to order forfeiture. Offences to be cognLzable and to be triable by Magistrates. Interpretation. 39-737-----65-vol. 1-26 PAGENO="0402" 392 AIR LAWS AND TREATIES OF THE WORLD flying or the safety of the flight of the aircraft. or employed on hoard in any way in the service of the aircraft, the passengers or the cargo; `~customs aerodrome" means an aerodrorne for the time bemg appointed as a place of landing and de- parture of aircraft for the purposes of the law re- lating to customs; "damage or loss" includes, in relation to persons, loss of life and personal injury; ~flving machine" includes all aeroplanes, seaplanes, flying boats, or other aircraft heavier than air and having means of propulsion "foreign aircraft" means aircraft not registered in Ceylon under this Act "glider" means a non-power-driven heavier-than- air air('raft (leI'ivillg its lift in flight chiefly from aerodynamic. reactions on surfaces which remain fixed under 2iven conditions of flight "land" includes land covered with water and any right in or over land `licensed aerodrome" means an aerodrome licensed under regulations made under this Act; "1)roPtietor of the aerodronìe" means, in relation to any pim~s used or appropriated for use as an aerodrome, the person carrying on or entitled to carry on the business of an aerodrome in those prem- ises, or, in the case of an aerodrome which is estab- lished or maintained by or on behalf of the Govern- ment, the officer in charge of the aerodrome; "Schedule" means a Schedule to this Act. (~) Any reference in this Act to goods or articles shall be construed as including a reference to mails or animals, and any reference in this Act to any country or territory shall, unless the context otherwise requires, be. construed a sinc lini ing a re lerence to the territorial waters, if any, adjacent to that coimtl'v 01' tei'r~torv. 3) In tins Act. the expression "pTlrI)oseS of civil av~at~on inchiide~ all purposes connected with air navi- it ion. ex'ept i~ii~'poses of the dc Fense of Ceylon by air. (4) Any reference in the First Schedule to agents shall li~ eonst~i'ed as illclucTifl~ a reference to servants. Air Nav~a- 39, (11 The Air Navigation Acts. 19~O to 1947. of the ~n ~it T~i ited K n,~ lo n and ~ui~ Oidei in Council made theie to ~ i ndei ~i H cea~e to ha e eflect i~ p~it of the l~w of 1:iw ~f Ceylon. Ceylon. (~) The Carrie~e. by Air Act, i93~, of the IThited Kingdom, and any Order in Council made thereunder, shall cease to have effect as part of tl~e law of Ceylon. 5av1n~s of 40. The Air Navigation Regulations, 1938, arid the Air r ~ i~ it ian Cu-tom~) Re~ul tion~ 1038 shall ~ontmue ~n force as though they ri-crc regulations made uniter this Act and may be amended or rescinded by regulations so in a de. PAGENO="0403" AIR LAWS AND TREATIES OF THE WORLD 393 41. The provisions of this Act or of any orders or N~op~i~ation reoulations made thereunder shall not apply to any air- and the orders * i and regula- craft or aerodrome exclusive'y empioyed or used in the tions made service or for the puirIoses of Her Majesty's iiavai, thereunder. military or air forces Provided that the Minister of I)efense and Exter- nal Affairs may, by Order published in the Gazette, apply, with or without modification, an such proviSionS to any such aircraft or aerocirome. The First Schedule (Legislative Enactment XI, p. 400) repro(lu(es the Convention for the I nihcation of Certain Rules llelatnu~ to International Carria~~e by ~i r the Second Schedule (Th,Y. p. 410) deals \vitll the carrier's liabIlity for death of a ~)ilssenge1'. OTnER LEGISLATION IX FORCE IN CEYLON Ordinance No. 18 of May 2T, 1938. to authorize the exemption from customs duty of certain articles required for the use of aircraft entering or leaving Ceylon. Pub, in Legislatice Enactments of Ceylon (1958), vol. VIII, p. 466. Act~ No. `1 of March 15, 1951, to establish a corporat ion for the opera- tion of air transport services, to provide for government investment in its capital and generally to prescribe and regulate tile functions and powers of tile corporation. Pub. in Legislative Enactments of Ceylon (1958), vol. X, p. 269. PAGENO="0404" PAGENO="0405" CHAD ORDINANCE No. 2476/PC-TP., OF AUGUST 17, 1962, DETERMINING CON.- DITIONS OF OVERFLIGHT OF THE REPUBLIC OF CHAD BY TotmlsT AIR- CRAFT AND An~ciw~"r FOR AERIAL WORK1 TITLE I GENERAL PROVISIONS Art. 1. This ordinance shall apply to tourist aircraft and aircraft for aerial work (paragraph T of the airworthiness certificate), whose maximum weight at take-off does not exceed 5,700 kilograms or whose number of passengers does not, exceed ten and which fly over the terri- tory of the Republic of Chad. Art. 2. The territory of the Republic of Chad shall be classified as inaccessible territory of type 1 and 2, where accidental landing of air- craft endangers the occupants thereof for reasons of climatic condi- tions, lack of means of subsistence, or delays in providing assistance. TITLE II RADIO EQUIPMENT Art. 3. Any aircraft flying over the Republic of Chad must be equipped with a radio permitting two-way communication at all times with the aviation authorities. Such equipment must be of an approved or accepted type and must have a valid radio operating license. It shall include: a very high frequency transmitter-receiver; a high frequency transmitter-receiver: a radio-compass or VOR receiver, capable of receiving the fre- quencies used in Chad. Art. 4. The crew must include a person who holds licenses and qualifications to establish radio contact as required by the regulations. A rt. 5. Flights may he made under VFR. For VFR flights a VFR flight plan must be submitted to the aviation authorities prior to de- parture. The flight commander shall establish radio contact provided by the regulations. A rt. C. Aircraft without radio equipment are authorized to fly over the Republic of Chad under the following conditions: a') Local flights. Within a radius of 20 kilometers from the center of the airdrome; b) Flights over an area defined in Annex J and subject to appli- cation of Article 7. I Published In Journal Officiel de le République du Tchad, Sept. 15, 1962. For general legislation in force see Preliminary Note, France. 2 OmItted here. 395 PAGENO="0406" 396 AIR LAWS AND TREATIES OF THE WORLD TITLE III SPECIAL EQI~IPMENT Ait. . Any aircraft flying over the Republic of Chad must possess equipment for shruailing. first aid, and survival as required for flight over inaccessible areas. Such equipment is defined in Annex II 2* Art. 8. The agency established for this purpose by the Minister of Public Works and Conirnunic.ations may grant special authorization to aircraft. which do not comply with the provisions of this ordinance. For issuance of such authorizations, the performance and equip- ment of the aircraft, and the competence of the crew shall be taken into consideration. Such authorizations shall be granted only when the operator under- takes in writing to reimburse the expenses, if any, of search and salvage. Art. 9. The Minister of Public Works shall have jurisdiction in the enforcement of this ordinance which shall be made public and pub- lished wherever needed. DECREE No. TS APRIL 11, 1963, CODE OF CIVIL AVIATION.3 BOOK I AIRCRAFT Art. 1. Tn the application of this Code, an aircraft shall be deemed to be any contrivance which can maintain itself, and move in the air. Art. 2. Aircraft. used for military, customs, or police services, are subject. only to the rules concerning liability of the owner or operator. However, the provisions of Article 53 shall apply to aircraft used for military, customs or police services provided they are not incom- patible with the purpose of such aircra.ft. TITLE I. OWNERSI lIP. MORTGAGE, AND A'FFACHMENT OF AIRCRAFT. Chapter 1. Registration, nationality, and ownership of aircraft. Art. 3. Every civil aircraft must be registered in a. register kept by the Ministry of Civil Aviation, under conditions fixed by decree. The re~istration identifies tile aircraft. It shall be shown by a certifi- cate of~registration bearing a name, serial number and desi~nation of category to which tile aircraft belongs. Art. 4. Any aircraft. registered iii tile Chad register shall have Chad nationality and must bear the nationality and registration marks pro\~ided for in the. regulations. Art. 5. In the register defined in Article. 3 above shall be registered aircraft owned by a natural or legal person or persons of Chad nationality. In order for a legal person or persons to be deemed of Chad nation- ality. tile following mi~st. b The c..Te: In membership associations, all members must have Chad natlonahity. Uttid lire. Published in Journal O~iciel de la R~publique da Tchad, No. 9, May 1, 1963, p. 234. PAGENO="0407" AIR LAWS AND TREATIES OF THE WORLD 397 In corporations with limited liability, the owners of the ma- jority of the capital and the management must have Chad iia- tionality. In stock corporations the president, the director general, and the majority of the board members must have Chad nationality. Art. 6. Except for the provisions of Article 7 below any aircraft owned by a foreigner whose legal domicile is in Chad, or by a foreign corporation or association whose main office is in Chad, may be regis- tered in Chad. The same shall apply to aircraft whose foreign owner pursues any activity which is useful for the economic or social development of Chad. However, registration of an aircraft owned by a. foreigner shall be subject. to an authorization granted by the Minister of Civil Aviation. The decision to authorize or refuse the registration shall be made by a simple ordinance published in the Jouinai Officel. Art. 7. An aircraft which is registered abroad may be registered in the Chad register only after showing that the foreign registration has been cancelled. When any of the conditions specified in Articles 5 and 6 is no longer fulfilled, the owner of the aircraft must notify the official in charge of the register, who shall cancel the registration. In the absence of noti- fication by the owner, cancellation in the register shall be effected (by an ordinance with reasons issued by the Minister of Civil Aviation and puhhshecl in the Journal Officiel). Art. 8. Legal relations between persons aboard an aircraft in flb~ht. shall be governed by the law of the. country of origin of such aircraft. However, when a. [crime] or misdemeanor is committed aboard a foreign aircraft, the courts of Chad shall have jurisdiction when the person who commits the crime, or against whom it is committed, has Chad nationality, or when the aircraft lands in Chad subsequent. to the commission of [crime] ~ or misdemeanor. The courts of jurisdiction shall be those at the place of landing or at the place where the arrest is made in the case where the person corn- mitt.irig the violation is arrested at a place other than that of the landing. WThen an accident occurs aboard a Chad aircraft, the flight, com- mander may take all measures lie deems necessary to ensure good order. In the application of this article, an aircraft shall be deemed in flight from the time when poiver is applied for take-off until the time when landing is completed. In the case of lighter-than-aircraft the term "in flight" shall apply to the period between the time when such aircraft is detached from the ground to that when it is again attached. Art. 9. Registration in the register shall be proof of title. Such register shall be public and anyone may obtain a certified copy thereof. Art. 10. Aircraft shall be personal property in rega.rd to applica- tion of the rules of the Civil Code. However, transfer of ownership must be in writing and shall be without effect in regard to third persons unless there is a registration in the register. The French text reads "Ia crise", i.e., crisis. The word "crime" appears In the equiva- lent provision of the air law of Niger. Ed. PAGENO="0408" 398 AIR LAWS AND TREATIES OF THE WORLD Any change in ownership by reason of death and any judgment transferring, establishing, or declaratory of ownership must be re- corded in the register at the request of the new owner. Chapter II. Mortgage and attaijkm~ent of aircraft. Art. 11. Aircraft as defined in Article 1 of this Code may be mort- gaged only by agreement between the parties. Insofar as they belong to the owner of the aircraft, a mortgage shall affect the fuselage, the engines, propellers, board instruments and all parts permanently installed on the aircraft, whether they are fixed thereon or are temporarily detached. Art. 12. A mortgage may by a single legal act, be imposed on all or part of an airfleet belonging to the same person provided that the various elements of the fleet. are specified in such act. Art. 13. A mortgage may be extended to cover also spare parts suit- able for the. type of aircraft mortgaged, provided such pieces are specified. Such spare parts shall be kept in one or more places of which notice shall be given as provided for in Article [1]4.~ When they are used on aircraft to which they belong~ they must be immediately replaced. The creditor must be notified of such use. Art. 14. The spare parts mentioned in the preceding article include all parts constituting aircraft, engines, propellers, radio equipment, instruments, furnishings, parts of various component parts and, in general, all oI)jects whatever which are kept for the replacement of parts constituting the aircraft. provided they are specified. Appropriate notice, given at the place by way of posting, must duly notify third persons of the kind and extent of the mortgage on such parts and must mention the register where the mortgage is recorded, and the name and address of the mortgagee. An inventory showing the kind and number of such pieces shall be attached to the document recorded. Art. 1.5. A mortgage is void unless it is in writing. The act estab- lishing it may be certified or under private seal, and shall be subject to the legislation on common law, particularly as to registration in application of Law No. 20-60, of December 16, 1960. Any mention in the sales contract for an aircraft that all or part of the price, remains to be paid to the seller, shall, without a contrary stipulation, constitute a mortgage for him as guarantee for the amount stated as remaining to be paid, provided the seller requests recordation of such mortgage in the form provided for by decree. An aircraft under construction may be mortgaged oniy when prior notice has been given to the agency in charge of the register. Such iiot.ice shaH include the principal characteristics of the aircraft under construction: a receipt therefor shall be issued. Art. 16. Tn the case of loss or crash of an aircraft, the mortgagee may. unless there is a contrary stipulations be subrogated for the in- sureci for the amount due him as to the right to compensation payable by the insurer. Prior to making any payment the insurer must request an official statement of recorded mortgages. No payment. shall discharge him if it is made in disregard of the rights of creditors listed on such statement. The French text reads "4". This Is obviously in error. Ed. PAGENO="0409" AIR LAWS AND TREATIES OF THE WORLD 399 Art. 17. All mortgages must be recorded in the register. They shall be without effect in regard to third persons until they are recorded. Cancellation, and any modification of a mortgage by agreement be- tween the parties or by a judgment, shall also be recorded in such register. Art. 18. When there are two or more mortgages on the same aircraft, their precedence shall be determined by the order of their recordation dates. Mortgages recorded on the same day shall be of equal rank regard- less of the hour of their recordation. Art. 111. Recordation shall keep a mortgage valid for ten years from the date of its recordation. It shall cease to be effective when the recordat ion is not renewed before the expiration of such period. Art. 20. Recordation of a mortgage shaH guarantee, in the same precedence as the mortgage itself, interest for three years in addition to the current year. Art. 2J* Recordation of mortgages shall be cancelled when there is a legal act stating the agreement of the parties or a final judgment on the matter. Art. 22. Except in the case of judicial sale in accordance with the provisions specified in a decree, registration of an aircraft may not be stricken from the register when recorded rights have not been cancelled prior thereto. Art. 23. Creditors whose mortgage on an aircraft has been re- corded, shall follow their security in whatever hands it may pass, for the purpose of collection and payment in the order of their re- spective recordation and after privileged creditors, reserving the pro- visions of Articles 24 and 27 below. Art. 24. Only the following debts shall be privileged in preference to mortgages: 1) Court costs incurred in the sale of an aircraft and in the distribution of the price received in the common interest of the creditors; 2) Payments due for salvage of an aircraft; 3) Necessary expenses for the preservation thereof; 4) Debts resulting from the employment contract of flight crew members and other flight personnel, but as regards any security, only for a maximum of six months; 5) Fees for use of devices and aids to navigation and landing fees. Art. 2.5. The privileges specified in the preceding article shall affect the aircraft or the insurance mentioned in Article 16. They shall follow the aircraft in whatever hands it may pass. They shall be extinguished three months after the event which gave rise to them unless the creditor makes prior recordation of the debt in the register of the aircraft, after having given friendly notice of the amount or, in the absence thereof, after having commenced a legal action therefor. They shall further be extinguished, independently of the normal methods of extinction of privileges: 1) By judicial sale of the aircraft, executed in the form pro- vided for by decree: 2) In case of voluntary transfer properly recorded in the reg- ister, at the latest, one month after publication of the transfer PAGENO="0410" 400 AIR LAWS AND TREATIES OF THE WORLD in a journal of legal notices at~ the domicile of the vendor, unless, prior to expiration of such period, the creditor has given notice of such debt. to the venclee. at the domicile stated by him in the pert n~ent pubhcat ionS. Art. 26. Debts specified in Article 25 [24] shall be privileged in the order in which they appear in that article. T)ebt~ of the s~inie order of p1e~e.tmce shall be of equal rank and shall he paid at the same rate. in case of insufficient funds. However, debts mentioned in Article 24, 2), and 3) shall be paid in inverse order as regards the events which gave rise to them. Art. 27. Privileges other than those enumerated in Article 24 shall come after iuort~a~es whose recordation precedes the arising of such privileges. iIo~e~er. in the case of sale in Chad of an aircraft mortga~e(l in a state party to the international convention for the reco~iiirion of rights in aircraft signed at Geneva on June 19. 1048, the ricJ~ts provided for in Article 1 of that convention which exist on the aircraft iiiav be exercised only in recognition of the rights of the l)e1uoi~s who suffered damages on the ground as provided for in Article of that convention. Art. 2$. Except in the case of judicial sale in the manner provided for by decree, the registration of an aircraft may not be transferred to another state except by prior extinction of recorded rights or with the consent of the persons entitled thereto. Fntil this condition has been fulfilled, the official in charge of the reaister must refuse any cancellation. A it. 21). When there is attachment of an aircraft registered in a state P~i1tY to the convention for the recognition of rights in aircraft sianed at Geneva on .Tune 10, 1948. no judicial. sale may l)e had when the rigiits that have preference. over those of the attaching creditor cannot he satisfied by the sale. price or when they are not. assumed by the vendee. However, when a mortgaged aircraft causes damages to third per- sons on the ground within Chad. the provisons of the preceding para- ~`raph may not I)e invoked against such persons or their representatives iii attaching the aircraft. which caused the damages or another air- craft of the same owner. A it. 31). Without thereby affecting more serious penalties, if they are in order, any act of destruction or removal, or an attempt at de- struction or removal of an aircraft or spare l)aIts on which a mortgage has heen propeily recorded, shall be punished by the penalties p~'~- vi~cd for in Article 4(tG of the Criminal Code. Any fraudulent act intended to deprive a creditor of his security shall l~e subject to the same penalties. A it. 31. Chad aircraft and, when there is reciprocity. foreign air- craft shall be exempt from attachment under the conditions specified in the convention for the unification of certain rules on attachment of a ir~aft. si~n ed in Ift me on ~ Lay 20, 1 ~ or in an v convention amend- in~ it which is applicable in Chad. Art. 32. In the case of attachment for infringement of a. patent., design or model, the owner of a foreign aircraft or his representative may have the attachment lifted by depositv of a bond the amount of which, in the absence of a friendly agreement. shall be set wlthln the PAGENO="0411" AIR LAWS AND TREATIES OF THE WORLD 401 shortest possible time by the president of the trail court at the place of the attachment. There shall be exempt from attachment the aircraft of public air- lines and spare parts and accessories indispensable in their operation provided that, in the case of foreign aircraft, they lawfully entered Chad territory and that there is reciprocity. Art. 3.3. When the owner of an aircraft is not domiciled in Chad, or when the aircraft has foreign nathmality, any creditor shall have the right to attach the aircraft with the permission of the president of the trial court at the place where the aircraft has landed. The respective judge shall lift the attachment. when the owner offers to de.posit a bond equal to the amount of the debt claimed and lie may order such lifting by setting the amount of the bond to be furnished in cases where the extent of the debt is conte~te.d. Art. 34. Tn the case of damages caused on the ground by the crash of a foreign aircraft. or whose owner is domiciled aboard, and in the case of a violation of this code by a foreigner, all officials empowered by Article 83 to enforce Articles 1 to 86, and 115 to 1~6 of this Code, and particularly the administrative authorities at. the place of landing may ask the public authorities to detain the aircraft for forty-eight hours in order to permit the judge to go t.o tlìe place in question and to determine the amount. of damage caused, but also, in the case of a violation, the amount of fines and costs. Art. .35. The persons specified in Articles 83 and 84 shall have the right, to attach any Chad or foreign aircraft which does not comply with the conditions provided for in this Book for air navigation or whose pilot has committed a violation. TITLE II. FLIGHT OF AIRCRAFT. Chapter 1. The riqht of flqht. Art. 36. Aircraft may fly freely above, Chad territory provided they observe the rules concerning air navigation and flight. However, air- craft. of foreign nationality may fly above Chad territory only when they have been granted such right, by an international or diplomatic agreement or when they have been granted an authorization which must be special a.nd temporary. Art. 37. ITse. of aircraft on maneuvering areas of airdromes and in flight must be in compliance with the flight rules. Flight rules and powers and the role of the civil aviation services shall be. established by decree. Flight rules shall be applicable iii the airspace under the control of the agency or agencies of the civil aviation services in the territory of the Republic. of Chad. Outside the. airspace as detined above they shall apply to aircraft which bear Chad nationality marks to the extent that. this is compati- ble with the rule.s of the State. or of the international organization which has authority over the airspace where aircraft. is flying. Art. .38. The right of an aircraft to fly over private property may not be exercised in such a manner as to infringe the right of the owner thereof. Art. SD. Flight over certain areas or, in exceptional circumstances, the entire territory of Chad may be prohibited by decree for reasons PAGENO="0412" 402 AIR LAWS AND TREATIES OF THE WORLD of a military nature or of public safety. The location and extent of prohibited areas must be specifically indicated in the decree. Art. 40. Aircraft may not be flown in a negligent or careless manner which may endanger the safety of persons or property on the ground. Aerial dives and acrobatics by civil aircraft must be executed in compliance with the rules issued in this regard. Art. 41. Maneuvers of aircraft in public shows may take place only with authorization from the Prefect [chief of the respective depart- ment] after notification of the competent aeronautical authority. When the test consists of a flight including successive landings, au- thorization shall be granted by the Ministry of the Interior after notification of the Minister of Civil Aviation. Chapter II. Landing. Art. 41. Except in case of force m~ajeure or the cases provided for in the following paragraph, aircraft may only land on, and take off from properly established airdromes. A decree issued on the report of the Minister of Civil Aviation and the Minister of the Interior, shall define the conditions under which certain types of aircraft may land or take off at places other than air- dromes, with the agreement of the person who is entitled to the land or water area used. However, such agreement shall not be required in the case of aid and salvage operations for which aircraft are used. Art. 41. In case of landing or setting down on water on private property, the person entitled to the land or water area may not pre- vent departure or removal of the aircraft when no attachment has issued except as provided in Article 34. Art. 44. Aircraft which make an international flight must. land on customs airports. They may have to follow a specific. air route to cross the border. However, because of the nature of their operation, certain categories of a.ircraft may be exempted by administrative authorization issued on request by the Minister of Civil Aviation, from landing on customs a.irports; in such case, the authorization shall designate the airdrome of arrival and departure and, if required, the air route to be followed and the signals to be given at crossing the border. Chapter III. Regulation of Flight of Aircraft. Art. 45. Any person who belongs to the flight personnel of an air- craft must. have one or more valid aptitude licenses, corresponding to his dut.ies and issued under conditions specified by decree. Art. 46. An aircraft may make a flight only when it ha.s an air- worthiness certificate or when it has a flight permit by way of exception issued after inspection of the aircraft under conditions determined by decree. Decrees shall further determine the marks which must be affixed to aircraft and the operational rules, particularly the documents which must be carried a.board and the technical operating conditions of aircraft. Decrees shall also determine t.he operational rules applicable to foreigners. The costs for inspection required by the regulations for the issuance or renewal of t.he airworthiness certificate of aircraft shall be borne PAGENO="0413" AIR LAWS AND TREATIES OF THE WORLD 403 by the owners of the aircraft inspected under conditions specified by a dec.ree issued on the report of the Minister of Civil Aviation and the Minister of Finance. This decree shall specify, in particular, the rates of the costs to be reimbursed to the Treasury, when the inspection is made by officials of the State. Art. 47. Without a special authorization it shall be prohibited to transport on aircraft any explosives, weapons, and ammunition, carrier pigeons, or mail included in the postal monopoly. Transportation and use of photographic equipment may be pro- hibited by decree. The conditions for transport at ion of dangerous substances, cultures of microbes, and small infected or dangerous animals shall be de- termined by decree. Art. 48. No equipment for radio telegraph or radio telephone in- tRndecl for the mobile aeronautical communications service may be installed or used aboard an aircraft without special authorization; the same shall apply to equipment for radio navigation or electro-magnetic detection. Aircraft for public passenger transport must be equipped with radio communication apparatus necessary for flight safety under conditions determined by regulation. In all cases, the crew members who use radio telegraphy or radio telephone equipment must have a radio operator's license or a qualifi- cation for radio telephone; the use of such equipment must be in accordance with the regulations. Art. 4D. Any aircraft landing on an airdrome or on private prop- erty shall be subject to the control and supervision of the administra- tive authorities. Art. 50. Any aircraft in flight anywhere must submit to the orders of the police and customs stations and aircraft, in whatever form such order may be given. Art. 51. Aircraft flying exclusively over airdromes and areas ap- proved by the administrative authorities as training areas, shall not be subject to the provisions of Articles 45 to 5~, provided such flights do not constitute a public show. However, they may not transport passengers unless they have a certificate of airwort.hiness. Art. 52. Airworthiness certificates, aptitude patents and licenses issued or validated by the State whose nationality the aircraft has, shall he recognize.d as valid for flight above Chad territory when rec- iprocity exists under an international convention or a decree. TITLE III. DAMAGES, LIABILITY, AND LOSS OF AIRCRAFT. Art. 5-3. During flight, pilots must comply with the rules provided for in Title II of this Book and must take all precautions necessary to avoid damages. Art. 54. In the case of damage caused by an aircraft in flight to another aircraft in flight, the liability of the pilot and of the operator of the aircraft shall be regulated by the provisions of the Civil Code. Art. 55. The operator of an aircraft shall be fully liable for damages caused to third persons on the ground by tile flight of aircraft or by persons or articles falling therefrom. PAGENO="0414" 404 AIR LAWS A~D TREATiES OF THE WORLD Such liability may be reduced or avoided onfv by Proof of the negligence of the injured person. 1 cf. d(. Except with a special authorization, it shall be prolubited, other than in cases of /oie ini'eu~~. to throw from an aircraft in flight any goods or articles whatever, with the exception of regulation baflast. In case of jc~isoning by reason of tai~ce ine~eure. or jett.isoning of regulation balia~t., or of specially authorized jettisoning which causes damage to persons and property on the grouncL the liability shall be determined in accordance with the provisions of the preceding article. Jit. ~Y. In the case of charter of an aircraft, the owner and the operator shall be jointtv liable, to third persons for any damage. However, when the. cha rter has been recorded in the register, the owner shall only be liable when the third per'son proves negligence on his part.. A it. [~. An action for damage liability shall be brought, at the choice of the plaintiff, in the court of the place where the damage was caused or in the court at the domicile of the. defendant. In the. case of damage to an aircraft in flight, the court at the place where the aircraft. had to land after the damage shall have jurisclic- t~on. Ait. ~fl. The provisions of the Merchant Marine Code concerning aid md salvage at. sea shall apply to aircraft in danger at. sea and to pilots of aircraft. who may rend ~ assi~tance to the persons in danger. Ait. (76. Any person who finds a wrecked aircraft must notify the nearest administrative authority within forty-eight hours after the (ii scoverv. However, the rules concerning shipwrecks shall apply only to air- craft wrecked at sea oron the seashore. A if. (II. In the case of disappearance of an aircraft without news, the aircraft shall be presumed lost three months after the date when the last news was sent. Time death of persons aboard an aircraft. may, after expiration of such period. he declared in- a. judgment in accordance with the pro- visions of the Civil Code. If necessary, the Minister of Civil Aviation may declare, that there is a. presumption of disappearance and he may send t.o the court. of jl.iris(llction the requests necessary for a judicial declaration of the death of the persons who have disappeared. The persons concerned may also proceed, in accordance with the provisions of the Civil Code, to obtain a judicial declaration of deat.h. In that case, such request shall be transmitted by the Public Ministry to tlìe Minister of Civil Aviation. A i~t. 6.2. The manner of application of the preceding articles shall be determined by decree. TITLE IV. ACCIDENT. Aif. Cd. The flight commander shall submit a detailed report, within forty-eight hours after any accident or event which may have serious consequences. whether it occurs on the ground, or in flight, or concern- mnt~ ammy violation of flight, rules. PAGENO="0415" AIR LAWS AND TREATIES OF THE WORLD 405 Art. 64. The Minister of Civil Aviation shall initiate all investiga- tions and inquiries in order to determine and state the causes of acci- dents or other events. He may appoint a commission of investigation, whose membership, functioning, and jurisdiction shall be determined by regulation. Ai~t. 65. When the. commission of investigation provided for in the preceding article finds negligence in performance of a professional duty, a. copy of the file shall be sent directly to the disciplinary board of the Civil Aviation Board provided for in Article 141 below. TITLE V. CRIMINAL PROVISIONS. A it. 66. Any owner shall be punished by a fine of from 60,000 t.o 1,200,000 frs. and by imprisonment of from six days to one month, or by only one of these penalties, who: 1) puts, or retains in service any aircraft which does not have a registration certificate, an airworthiness certificate, or a flight peiinit by way of exception; 2) puts, or retains in service any aircraft without the identi- fication marks provided for in Article 4 3) causes or permits to fly, any aircraft who airworthiness certificate. or flight permit U way of exception has ceased to be valid; -I) causes or permits to fi any aircraft under conditions otlìer than those. specified in the airworthiness certificate and related documents or the. flight pellil it. Lv way of eXcel)tion 5) causes or permits to fly any aircraft under conditions that are contrary to the provisions of Articles 36 and 48 of this Code. Ai-t. 67. Any person shall be punished Lv a line of from 00.000 to 1,201).) ~b) irs. amid by imprisonllleilt of from six ilays 10 six months, or by only one of these penalties, who 1) flies, or participates in flying an. aircraft without valid docu- ments re(1uIiredl Lv the regniat jons: 2) (lestroys or removes a flight, log or any other flight document required by air regulations or makes in such log or any other docu- ment inaccurate. ilotations 3) flies or participates in flying an aircraft under the conditions specifle.d in Article 66; 4) violates Article 42. Art. (18 The penalties provided for in Article (hO shall be doubled when the violations specified in 1);11agraphls 1) . 3), amid 1) of Article 66, and p~ura~raphi 1) of Article (hi have been commit) ed after denial or withdrawal of the registration cert ih'icate. the. iiirwortli mess certificate, or the flight permit. Lv way of exception, or the licenses required for crew menibe.rs tinder the. regulations. Art. 6~O. There shall be punished by a fine of from 12,1)01) to 200.000 frs. and by imprisonment of from six days to one month, or by only one of these penalties: [1) any iersoit who is found aboard an aircraft ill flight with- out. being able to justify his lnee Lv a propei~ ticket or by per- mission of the operator or the flight commander;] 6 This paragraph is missing in the French original. Presumably, it is the same as in the law of Niger. Ed. PAGENO="0416" 406 AIR LAWS AND TREATIES OF THE WORLD 2) any person who does not comply with, or refuses to comply with the instructions of the flight commander in view of the safety of the aircraft or that of the. persons carried. Art. 70. A pilot, who does not comply with the provisions of Article 39 shall be punished by a fine of from 60,000 to 1,200,000 frs. and by imprisonment, of from 15 days to 3 months. Art. 71. Any person who affixes, or causes to be affixed to an aircraft, registration marks not in conformity with those on the registration certificate, or who removes or causes to be removed, or renders or causes to be rendered illigible. properly affixed marks, shall be punished by a fine of from 120.000 to 2.400,000 frs. and by imprisonment, of from 6 months to 3 years. Art. 72. The. violation of any provision of Article 47 by any person shall be punished by the penalties provided for in Article. 66. There shall be pimisl'iecl by the penalties provided for in Article 69: 1) Any person who uses on an aircraft any article or apparatus the. transl)ort of which is prohibited: 2) any person who, without special authorization, uses photo- graphic or motion picture equipment above prohibited. areas. A it. ~17. Any person who has been sentenced for a violation of the preceding articles and who commits a further violation of a provision of tlii~ Code or the. same violation within a period of five years from the, end of the. imprisonment or from payment of the fine, or from presc.riptioiì of these two penalties, shall be sentenced t.o the maximum imprisonment and fine and these penalties may be doubled. Art. 74. There shall he. punished by a fine of from 12,000 to 60,000 fr~. and, according to the circumstances, also b~ imprisonment of from 6 days to one month 1) any flight commander who does not kee.p or cause to be kept any of the flight documents required by Article 46, sec- ond paragraph, and any crew member specially ordered to keep them: 2) the owner or charterer recorded in the. register who omits to preserve any of the flight documents for 3 years from the last entry; 3) any person who violates Article 40; 4) any person who violates the regulations conce.rning tech- nical operating conditions of aircraft issued in application of Article 46. In case of repet.ition, there. shall always be imprisonment.. There shall be repetition when, during the preceding year, a judgment has been rendered against, the violator for one of these violations. Art. 7.5. Any person who violates Article 41, or any decrees issued in application thereof, shall be punished by a fine of from 30,000 to 200.000 frs, and, according to the circumstances, also [by imprison- ment] .7 Art. 76. A prohibition to fly, or to participat.e in flying an aircraft may be imposed by judgment or ordinance for a period of from 3 months t.o 3 years, against a crew member sentenced under Articles 683 70, and 71. Missing in original teit. Ed. PAGENO="0417" AIR LAWS AND TREATIES OF THE WORLD 407 When a crew member is sentenced the second time for the same vio- lation within the period provided for in Article 73, the prohibition to fly, or to participate in flying an aircraft shall be imposed and the duration thereof shall be the maximum period and may be doubled. The patents, licenses, and certificates held by the violators shall be deposited for the whole duration of the prohibition with the clerk of the court which imposed the prohibition. The persons sentenced must deposit such patents. licenses, and cer- tificates either with the above clerk or the clerk at their domicile, within 5 days after the date on which the sentence has become final, under penalty of 6 days to 1 month imprisonment and a fine of from 6.000 to 120.00() frs, without thereby affecting the penalties under Arti- cle 67 in the case that they fly or l)articipate in flying an aircraft during the period of prohibition, and such penalties cannot be inter- mingled. Art. 77. In accordance with Article 56 of this Code, any unauthor- ized jettisoning of articles from an aircraft in flight shall be punished by a fine of from 60.000 to 360,000 frs. and by imprisonment of from 6 days to 2 months, or by only one of these penalties, even if such jettis- oning causes no damage, and without thereby affecting more severe penalties which may be imposed in case of other violations. Art. 78. Any flight commander of an aircraft who, in the knowledge that the aircraft has caused or occasioned an accident on the ground, does not immediately notify the authorities of the nearest airport with which he can communicate, and thus attempts to avoid any criminal and civil liability he rncy have incurred, shall be punished by the pen- alties provided for by the law in cases of the offense of leaving the scene of an accident. Art. 79. The provisions of the Criminal Code pertaining to mitiga- tion and aggravation of penalties shall be applicable to all violations specified in this law. Art. 80. All provisions of laws relating to the prevention of viola- tions of customs regulations shall be applicable to goods imported or exported by aircraft under any customs system. All unauthorized [un] 8 loading and dropping of goods other than those necessary for the welfnre of the aircraft shall be punished by the penalties provided for in the customs law in respect to contraband. In case of a violation, the aircraft may only be used as surety for payment of the fine incurred, or may he subject to attachment which, however, shall be lifted when a bond is furnished or a deposit is paid to the extent of the fine. Art. 81. In regard to goocI'~ exj)orted in discharge of temporary ad- mittance or bonding permits subject to internal taxes, the shippers shall justify their shipment abroad by producing, within the periods speci- fled, a valid customs certificate of destination under penalty of payment of four times the value of the goods. Art. 82. Article 79 shall not be applicable to viohitions specified in the customs laws. Art. 83. Violation of the provisions of this Book and of the regula- tions issued for its application shall he l)roseclltecl independently by the officers of the. judicial ~oi~e, the officials of the technical bureau of ~ Missing in original text. Ed. 3i~ T:~7-6~---voI. 1 -- -27 PAGENO="0418" 40S AIR LAWS AYI) TREATIES OF THE WORLD the Civil Aviat loll Board. military or naval officers, and agents of the civil or military authorities appointed for such purpose, the. gell- darmes and the customs agents. 1 it. 84. The Slate Atto1lle~:. lie investigating courts, the justices of the peace, the police officers at tile office of the State attorney designated by the (ode of Uiiiniiial 1iive~tigation. the officials of the technical bureau of tile ( jvii Aviato~ hoard. military or naval officers, and agents of the civil or military authorities appointed for such lmrpose, tl~e i.~e1ida1ll1esali(1 customs agents shall have the right to seize cx- 1)Iosives, weai~ons and ammunition, carrier pigeons, photographic dlii j)Il cut. phiot grapliu riega lives and mail, as ~veli as all radio tele- graph and teleplioiie ecjuipnient winch may be on board without the sj)ecial autlIOlizatioll h)IO\i(IC(l for ill Articles 4T and 48. A it. 8.5. Any aircraft whose airworthiness certificate and registra- tion ceriihcate cannot be p1o(lu(~ed or whose registration marks do not agree with those oii the registration certificate may be detained at the expense of the owner or, iii the case of a charter recorded in the register, at the expense of the recorded charter by the authorities in charge of enforcement of this Code until the [identity] of the owner caii be estabi islied. Art. 86. The file stating violations of this Code and the. decree pro- vided for therein, shall be transmitted without delay to the State attorney. BOOK II. [AIRI)ROMES] 10 TITLE I. AIIlI)IlOi~[E REGFLATION. 1 Cluipte' I. Estab7isllmeit arni Operation Ait. 8~. An airdrome shall be deemed any land or water area spe- ciallv equipped for the landing, take-oil, and nlanoeuvering of air- craft, including the, related installations winch may be present for the needs of traffic and service of aircraft. Art. 88. An aiidiome shall be called ~open to public air traffic" when. all aircraft. which have the appropriate technical characteristics are authorize(l to use it, subject to the provisions of Article 91. Art. 89. A decree shall state the conditions of establishment and use of airdromes whether or not they are open to public air traffic. Art. 90. Opening of an airdrome to public air traffic shall be pro- nounced by ordinance of the Minister of Civil Aviation after a tech- nica 1 invest i~at 1011. Closing of an airdrome to public air traffic shall occur in the same l'nallller. A it. 91. The use of an airdrome open to public air traffic may at any time be subject to certain restrictions or may be temporarily closed if Ilight conditions on the airdrome or in the adjoining airspace, or reasons of public order justify such action. Such decisions shall be the subject of notices to air navigators. Art. 92. Air[dromes] " for public air traffic may be established by The French text reads `iiidernnit~." Ed. 1') The F~encli txt reads `Dii rigime ers o'ioncfs' which does not fit the subject matter of the fnl1owin~ a rtiri+s, and the snh-heaiiin~r Title I. Airdrome Regulation'' is omitted. Presumably this heading is in error, and the law of Niger is correct on this point. Ed. 11The original text reads I~s aéronefs" (aircraft). Ed. PAGENO="0419" AIh LAWS A~D ruLA'lILS OF TELL WOIILD the State, by public organizations and public establishnients, or by private natural or legal pei~o~ who fulfill the conditioiis specified by decree. Ai~t. 93. All airdromes may be subject to the technical and admin- istrative control of the State. Art. 94. Contracts granted by the State for the construction, mainte- nance, and operation of airdromes owned by it, shall be subject. to the following conditions The. cost accounts 12 of the contracts shall be approved by decree issued on the report of the Minister of Civil Aviation and the Minister of Finance. Contracts which do not involve a cost account shall l)e awarded by inter-ministerial ordinance. Art. 93. The establishment of an airdrome for public air traffic that. does not belong to the State shall be subject to the conclusion of an agreement. between the Minister of Civil Aviation and the public or private natural or legal person who establishes the airport ; such agree- ment must be a~)proved by the Minister who supervises the 1)UbliC organization or establishment concerned, it shall also be subject to approval by the Minister of FilMnce if it. involves financial obliga- tions of the State. Art. 96. For reasons of national defense a decree may prescribe that the State temporarily or permanently replace the operator of an air- (ironic. (i/uiptci' ii. C7a.ss~fication. Art. 9. Airdromes for public air traffic shall be subject to a classi- fication established by taking account of the character and the im- portalice of the traffic thereon. Such classification may be extended to airdromes not for public air traffic when the conditions of use of such airdromes justify it. Art. 98. The technical and administrative conditions of the clas- sification provided for in the preceding article, the categories into which airdromes are divided, the procedure preceding the classification and the effects of the classification shall be determined by decree issued on the report of the Minister of Civil Aviation, on tiie. advice of the Minister of Justice, the Minister of Finance, the Minister of the In- terior, and the. Minister of Xational Defense. Art. 99. rile classification of airdromes shall be declared by decree issued on the report of the Minister of Civil Aviation, on the advice of the Minister of Finance, the Minister of the interior, and other Ministers concerned. L./i~~ptei ill. Fees. Art. 100. On all airdromes opeim to public air traffic the services rendered to users and to the. public shah give rise, to a i-enumeration iii the form of fees levied for the beneFit of the ~ ienv cling the service, and particularly for the following operatiomis-. LaiI(Ilng of aircraft Use of devices of assistance to air navigation ~se of aeronautical teleconmnmunicat ion facil itii~ Parking and hangar space for a 1(1-alt ~ Si'e Art. s-i f til v--n-li (_`nli' f `lvii ~iil (nini-icial Avhitini i i~j~ tf-I-fl. vi PAGENO="0420" 410 AIR LAWS AYD TOEAT.IES OF THE WORLD lse of installations equipped for the reception of passengers and goods; Occupation of land and buildmgs; U~se of various inst allations and workshops. Art. 101. The fees and methods of levy of such fees shall be deter- mined by special regulation. Art. 102. The fees shall become due on use of the facilities, installa- tions, buildings, and workshops for which they constitute the pay- ment, and they must be commensurate with the services rendered. In case of non-payment of fees due from the operator of air air- craft, the operator of the airdrome 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 amounts in dispute. TITLE 11. .\EI~)XAUTI('AL RESTRICTIONS. Art. J(i3. In order to ensure the safety of navigation of aircraft, special restriction called "aeronautical restrictions" are imposed. Such restrictions shall include 1. Aeronauncal restrictions for the purpose of clearance in- eluding the prohibition to create, or the obligation to remove, any obstacles that may constitute a danger to air traffic or impair the functioning of safety devices established in the interest of air traffic; 2. Aeronautical restrictions of marking, carrying an obliga- tion to provide visual or rado-electric devices on certain obstacles and locations in order to notify their presense to air navigators or to permit their identification, or to prevent the installation of such devices. Art. 104. The provisions of this Title shall be applicable: a) To airdronies intended for public air traffic or established by the State; b) to airdromes not intended for public air traffic and estab- lished by a natural or legal person other than the State; c) to installations of aid to air navigation, or aeronautical telecommunications, but the provisions concerning restrictions established in the interest of radio-electric transmission and reception shall apply; d) to certain locations which constitute preferred reference points for air navigation. Art. 10.5. The restrictions provided for in Article. 103 shall ensure to air navigation conditions of safety at least equivalent to those resulting from the standards and recommendations of the International Civil Aviation Organization. in accordance, with annex 14 of tile Convention on International Civil Aviation of De~emher 7, 1944. Art. lOG. The Minister of Civil Aviation or, for airdromes or air routes concerning him, the Minister of Xatioiial Defense., may prescribe day and night markings or markings for da or for ni~.tht time for all abstacles which he considers dangerous to air navigation. lie 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 which is such as to create confusion with visual aids to air navigation. PAGENO="0421" A11~ LAWS AND T1U~A'I'1ES OF THE W cELD 411 Art. 107. In order to install the markings mentioned in Article 106, the administration shall have the right to build supports, to pass, to cut or trim trees, and the right to install devices on outside walls and roofs. rJ~he rights may be exercised by the private persons who may be in charge of the markings. Art. 108. Outside of the areas subject. to clearance restrictions in application of this Title, the establishment of certain installations which, due to their height, may constitute obstacles to air naviga- tion, shall be subject to special authorization by the Minister of Civil Aviation or, insofar as it concerns him, the Minister of National De- fen~e. Mini~teri~I ordinances shall determine the installations subject to autliorizat ion. Art. 109. When, for reasons of the requirements of air traffic, the competent authority decides on the expansion or establishment of air- dromes or of installations intended to ensure the safety of air navi- gation, the necessary land, if not already reserved for that purpose in a building plan under consideration or approval, may be declared re- served by regulations after a public invest.igation in the form pre- scribed by the provisions applicable to expropriation. Art. 110. Regulations shall prescribe the methods of application of this Title. TI'I'LE III. CRIM1X~L 1'FiOV1~IOXS. Art. 111. An~v person who remains or enters on any land prohibited by the general regulations and orliIla!Ices concerning airdromes af- fected with a pUl)liC service, or pernlits cattle, carriage, pack or ridin animals to remain thereon, shall be subject to the penalties provide for on this matter in the Criminal Code and, in addition, may be de- prived of any right to damages in the case of an accident. The provisions of Articles 83 and 80 shall be applicable to this article. Art. 112. Violations of the provisions concerning aeronautical re- strictions of clearance and marking established in the interest of air navigation shall be punished by a fine of from 50,000 to 1,500,000 frs. In the case of repetition, violations shall be punished by a fine of from 100,000 to 3,000,000 frs arid by imprisonment of from ten days to three months, or by only one of these penalties. Art. 113. On request of the Public Ministry, acting at the request of the Minister concerned~ the court. that. has cognizance of the case shall, under the penalty of 1.000 to 10,000 for each day of delay, im- pose on the persons who violate these provisions, a time limit to re- move or modify the structures subject to restrictions or to provide markings thereon. When such time period is not, observed, the penalty imposed shall be due from the expiration of said time limit until the day when the situation has been effectively remedied. When the matter has not been remedied within one year from the expiration of the time limit, the court may, on request of the Public Ministr acting under the same conditions, collect, once or several times, the amount of the penalty. even exceeding the maximum pro- vided above. The court may decree return of part of the. penalties when the matter has been remedied and the person liable shows that he had been PAGENO="0422" 412 AIR LAWS AND TREATIES OF THE WORLD prevented by circumstances beyond his control to observe the time limit. iniposed. When at the expiration of the time limit ~zet in the judgment the matter has not been remedied, the. administration may (10 the work at the expense and risk of the persons liable therefor. The penalties shall he. collected by the revenue agents of the Treasury. BOOK III. AT~ TItAYSPORTATION. Art. 114. Air transportation means the transportation by aircraft of passengers, mail and goods from one pomt to another. TITLE I. TRANSPORTATION CONTRACT. [Chapter 1. Transportation of Good~.] 13 Art. 115. 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. Art. 1111. Contracts for air transportation of goods shall be gov- erned by the provisions of the Warsaw Convention of October 12, 1929. or any Convention or protocol modifying it and applicable, in Chad. even if the transportation is not international in the sense of that convention. Art. 117. Liability of the carrier of goods or baggage shall be gov- erned, in the case of transportation by air, by the provisions of the Warsaw Convention of October 12. 1929. under the conditions pro- vided for in Article l1(~ above. Art. 118. The fraud provided for in Article 26, paragraph 4 of stud conveiit ion, is one liv which the carrier hides or tries to hide a loss, shortage or delay, or liv any other means prevents or tries to pre- vent the addressee from presenting his claims within the required time. The injured 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 majei're. Art. 119. An action for liability may be brought, at the. choice 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 must 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. Art. 120. The carrier shall make out a manifest containing the type and nature of the goods carried under the conditions specified by the regulations. Art. 121. ,Jettisoning of goods necessary for the. welfare of the air- craft shall not create liability on the part of the carrier to the shipper and the addressee on account of such loss of the goods. (7/iapf~r Ii. Transportation of Per~oiis. Art. 122. Contracts for transportation of passengers must be made by delivery of a ticket.. The carrier must submit to the competent authorities a traffic form or. in the absence thereof, a passenger manifest. 13 This sub-heading (taken from the French Air Code) is missing in the original text Ed. PAGENO="0423" AIR LAWS AND T1IEATWS OF TUE WORLD 413 However, this provision shall not apply to ttiP~ which provide for return to the airport of departure without an intermediate stop. Art. 123. For international transl)ortatiOn, the operators shall take the piecautioi~s necessary to ensure that the passeilgers pos~ss all documents required by the States for purposes of control. Art. 124. Liability of a carrier of persons shall be governed by the provisions of the Convention of Warsaw of October 12, 1929, as pro- vided for in Articles 117, 11~, and 119 above. However, unless there are contrary provisions in the convention, a earner who undertakes gratuitous transportation, shall not. be. liable, within the limits pro- vicleci 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 he imposed excel)t under the con- dit ions and within the limits provided for above, whoever the lersons bring the action, and whatever the right they pretei~d to claim, may be. Chapter III. Charter and Rental. Art. 123. In case of charter of an aircraft for a predetermined time, the crew members as defined by the regulations shall remain the agents of the aircraft owner, unless there is an agreement to the contrary. Art. 126. The. owner of an aircraft. chartered to a third person shall remain liable for all legal obligations and shall be jointly liable with the charterer for any violation thereof. However, when the charter contract is recorded in the register and when the charterer fulfills the conditions required for ownership in a Chad aircraft, such charterer shall be solely liable, as operator for all legal obligations and shall be solely liable for violation thereof. TTTLE 111. (`him LIlS. Chapter 1. Chad carriers. Art. 197. No one. shall engage in air transportation on a. commercial basis and for payment, unless he has been authorized by the Minister of Civil Aviation. Art. 198. Carriers authorized under Article 127 above must submit for prior approval of the Minister of Civil Aviation: 1) Their general plans for the purchase and rental of flight equipment 2) their plans of operation containin in particular an indi- cation of the types of equipment normally used on each of the passenger serviceslisted in such plans. The rates shall he submitted for al)proval to the Minister of Civil Aviation. Transportation of a maximum of six pa~sengers by aircraft. whose weight. is less than a maximiun tlxe(l by the Minister of Civil Aviation shall not he subject. to the obligations specified in this article. Art. 199. Coordination between a ii' transportation afl(l transporta- tion on the ground or by water shall be assured by the. Ministers con- cerned after consultation of any competent. a('lvisorv organizations. Art. 130. Air carriers shall be. suhject. to tile technical control e~er- cised by the Minister of Civil Avatiion in order to insure, air safety. Expenses incurred by such control shall be ber~ie by the carriers. PAGENO="0424" 414 AIR LAWS AXD TREATIES OF THE WORLD Art. 131. Control by the State of air carriers shall be exercised as regards technical operation and working conditions for the personnel, corn mere i a 1 operation and administrative regulation by the Minister of Civil Aviation. Art. 132. The. Minister of Civil Aviation may delegate certain func- tions of control to a technical organization set up for this purpose. Art. 133. 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. Art. 134. The conditions of application of Articles 122 and 124, shall be fixed by decree. C/ia pEer II. The Com.panij "Air At rique." Art. 13.5. The company "Air Afrique" established by the Treaty of Yaoundé signed on March 28, 1961, shall be deemed to have chad nationality. Chapter III. Foreign Garners. Art. 136. The establishment and operation of foreign scheduled in- ternational air carriers coming from, or going to Chad shall be. subject to prior authorization by the Government. Art. 137. The plans, timetables, rates and technical facilities for operation of foreign air carriers providing services from or to Chad must be submitted to the competent aviation authorities under the conditions fixed by the latter. Art. 138. Commercial transportation of passengers and goods be- tween two points in Chad shall be. reserved to Chad carriers except for special and temporary exceptions. Chapter IV. Penaiti~es. Art. 139. When an air carrier violates the provision of Articles 128, 130, 137, and 138, the Minister of Civil Aviation may decree, for all or some of the activities undertaken, the suspension or withdrawal of the permits or authorizations granted. Art. 140. Any Chad or foreign air carrier who, without authoriza- tiomi or in violation of the conditions Prescribed in the authorizations issued to him, undertakes in Chad any air transportation, shall be punishable by a fine. 1~[Simch fine shall be imposed by any agent empowered to pursue violations in air traffic matters, particularly by airdrome commanders, and shall be paid in cash to the qualified agents, particularly to collec- tors of fees attached to airdromes. Such line shall be in proportion to the weight of the aircraft and shall be established on the basis of 25,000 frs per ton, for each transporta- tion. The weight considered shall be the maximum take-off weight under the airworthiness certificate. Any fraction of a ton shall count as a ton. If payment, of the fine is refused, or in case of repetition, the aircraft may be sequestered on the request of the competent aviation author- ities. 14 The text, beginning with this paragraph and ending with the next to last paragraph of Art. 142. is missing in the original. The bracketed portions are taken from the law of Niger. Ed. PAGENO="0425" AIR LAWS AND TREATIES OF THE WORLD 415 BOOK IV. FLIGHT PERSONNEL TITLE I. PATENTS, LiCENSES, AND QUALIFICATIONS. Art. 147. The titles designated "patents" denote general overall theo- retical and practical knowledge. They are issued after an examina- tion and are permanently acquired by the titleholders. The titles designated "licenses" denote an aptitude and the right, for titleholders of patents, to execute the corresponding functions sub- ject to the qualifications provided for in the following article. Licenses are valid only for a limited time; they may be renewed after periO(lic examination for the various aptitudes required.] The list of patents and licenses, the conditions required to obtain them, the rules, plans, and regulations for pertinent examinations and the rules for exemption of candidates who possess certain [Chad] or foreign titles denoting knowledge at least equal to that required for such examinations, shall be fixed by regulations. In no case shall the beneficiaries of the exemptions mentioned above be exempt from the practical examination. Art. 142. 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 tile condi- tions of the flights contemplated.] The definition of the special professional qualifications, the condi- tions to obtain and renew them, tile plans and regulations for the re- spective examinations shall be fixed by regulations. TITLE II. THE AIRCRAFT COMMANDER AND THE CREW. Art. 143. TIle crew shall consist of all the persons aboard for the service of the aircraft in flight. It shall be subject to the orders of tile aircraft commander. Tile members of the crew shall be appointed by the operator and carried on a list as required by the regulations. Art. 144. The functions of aircraft commander shall be exercised by a pilot. The aircraft commander shall be named first on the crew list. In tile case of death or disability of the aircraft commander, the command of the aircraft to the place of lauding shall be exercised as a matter of law in the order set by such list. Art. 145. Tile aircraft commander silall be responsible for the execution of `tile mission and shall ilave authority over all persons aboard. He shall have tile right to remove from the aircraft any person among the crew or the passengers or any part of tile cargo that may present a danger for tile safety, tile welfare or good order aboard the aircraft. If he considers it necessary, he may, during the flight, discharge all or part of the cargo of merchandise or fuel, provided lIe renders an account thereof to the operator. If any choice is possible, he must jettison goods of low value. Article 146. Tile aircraft commander siiall 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 op- erator. 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; PAGENO="0426" 416 AIR LAWS AND TREATIES OF THE WORLD (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; (ci) to hire additional personnel for the completion of the mis- sion and to discharge them. TITLE 111. DISCiPLINE. Article 147. A disciplinary board of flight personnel of the Civil Aviation Board shall propose to the competent Minister the applica- tion of the. penalties provided for in Article 149 in regard to members of civil aviation flight personnel found guilty of violations of this law, of amendments thereto, and of regulations issued thereunder. Art. 148. The disciplinary board of the Civil Aviation Board shall be divided into two sections: Professional fli~tht personnel; Private flight personnel. It shall be. presided over by the Minister of Civil Aviation. MemI)ership, functioning, and jurisdiction of the disciplinary board shall be fixed Lv decree. Art. 149. Disciplinary punislrnient. under the jurisdiction of the disciplinary board are: Temporary withdrawal, with or without return of one or more lice! e~es Permanent, withdrawal of one or more licenses. Art. 1.50. Tn case there is serious reason to presume that there is ilal)ihity of the aircraft commander or a crew member, and while awaiting the conclusions of the ciisciplmary board, the competent Minister mar suspend the l)erson concerned from his duties for a peiio.i not to exceed two niojiths. If the person concerne(l is a member of the professional flight, per- sonnel. he shall receive his guaranteed minimum salary during the time of snsnensioii. Ait. J:i1. The ~)rsoi~ conceined mar challenge the board members in I he manner l)Iovideil for in the Code of Civil Procedure in the case of ji~d~es. T1TLE 1 V. CII1MI X.\L lIROVISIONS At. 152. Au peison who performs any of the duties requiring a patent. license, and qualification of the professional flight personnel of civil aviation in violai ion of the provision of this rfitle shall be punished hr a fine, of from 40,000 to 240,000 frs, and by imprisonment of from teui clays to one month, or by only one. of these penalties. Any management official of a carrier who entrusts such duties to a person who does not fulfill the conditions required by this title, shall be sul.)Ject to the same penalty. Art. 155. The Minister of Public. Works shall supervise the enforce- n'ie~it of this decree which shall have tile force of law and which shall he recc idecl anti published ill the Jo?/ilu el Officiel. PAGENO="0427" CHILE AIR NAVIGATION The final text of Decree-Law 675 of October 17, 19~5, on air naviga- tion with all additions and modifications now introduced, shall be the following TITLE I AIRCRAFT Article 1. For the application of the. present i)ecree.-Law, an aircraft shall be any contrivance capable of rising or circulating in the air. Article 2. Aircraft, whether lighter or heavier than air, shall be di- vided into private and State aircraft. State aircraft shall be: a) Military aircraft., or aircraft whose crew eonsi~ts of military personnel commissioned for the ~ urpose. b) Aircraft exclusively used in State service, such as postal, cus- toms, police authorities, etc. Other aircraft shall be civil aircraft and shall be divided into private an(l eoinnierc.ial aircraft. Commercial aircraft shall be all aircraft. used for carriage of pas~ sengers, goods or mall, either in scheduled or non-scheduled service. Ai't;Zc ~]. Aircraft shall be personal 1)ropelty. However, transfer of ownership therein must be made by wrIt ten instriunent, and it shall not be effective against third persons unless recorded in the Register. Artcle 4. Aircraft shall preserve their identity even when the ma- terials of which they are composed~ are successively replaced. An air- craft. which has been dismantled and rebuilt, even with the same ma- terials shall be deemed new and (.llfierent. TITLE II REGISTRATIoN AND NATiONALITY 01' AIRcIIAFT A rtrcle 5. Every Chilean aircraft must be entered in the Register which shall be kept by the Aeronautics Board iii Santiago. The Reg- ister shall be public and any person may obtain a certified copy of any entry therein. In the Register shall be entered the name. and address of the owner, the serial number distinctive markii'ig~, the, category or type of aircraft, and other details specified in this Law. Article 6. in order to record an aircraft in the l~eLrister of National Air ~avigat loll, the owner or owners, or their legally appointed repre- sentatives, must present a certified copy of the contract, court. judgment or other ownership title to the Aeronautics Board which may accept or refuse the application for registration. I Promulgated as Decree with force of law No. 221 of May 15, 1981 (Diario Oficial, May SO, 1951.) 417 PAGENO="0428" 418 AIR LAWS AND TREATIES OF THE WORLD Article 7. To be owner of a Chilean aircraft, a person must be a native or naturalized citizen of the Republic. If the owner of an air- craft is a business organization, it slinfl be deemed Chilean when it proves that it is established under the laws of Chile and that two-thirds of its stork capital belongs permaiie~~tly to Chilean citizens, and that its President and at least two-thirds of its Board of Directors are Chilean citizens. To prove these facts in the case of a company which is a. limited or general partnership the respective documents shall be presented. and if the nationality of the partners clocs not. appear there- in, it shall l)e proved by legal procedure. In the case of a corporation, a list of the stokholclers shall be presented, certified by all members of the Board and In- the Manager of the Corporatioa as to the nationality of the stockholders. A i~ti~7e 8. An aircraft regbtered in Chile shaU lose its Chilean nationality when it fails to comply with the conditions specified in Article 1. or when the owner or owners re~ister it in a foreign country. Ai'f;rle 9. No aircraft reg!steredl in another country maybe entered in the. Register of National Air Navigation. In case it has been simul- taneously registered in Chile and another country, its registration in the. Chilean Register shall be considered vojd and without effect. Aihclc 10. Any tra1wfer of ownership by death and all judgments which transfer, establish or declare ownership. shall be entered in the Register at the request of the new owner. The transfer of ownership in an aircraft, in a foreign country shall be made in the presence of Chilean consular officials, who shall issue the proper documents, a certified copy of which shall be sent to the Aeronautics Board. TITLE III CERTIFICATE OF AIRWORTHINESS AND LICENSES Certificate of Airworthiness Article 11. Every aircraft. which flies over Chilean territory must have a certificate of airworthiness issued or validated in the manner provided by the State whose nationality the aircraft bears. Chilean aircraft secure this certificate from the Aeronautics Bureau. Licenses Artic7e 12. The commander, pilots, mechanics and other crew mem- bers on board an aircraft must hold aptitude certificates and licenses granted under conditions fixed by the regulations, or validated by the State which originally issued the license to be validated. In case a license has been suspended by the Chilean Government., it may he validated only by this Government. ~4 i'tcle 13. No radio equipment may be carried on hoard without a special license issued by the Aeronautics Board. Such equipment may be used only by members of the crew holding special licenses therefor. Any aircraft used in public service and capable of transporting at least ten persons shall carry radio equipment (sending and receiving). However, the Aeronautics Board may require that aircraft of a ca- pacity of less than ten passengers shah carry radio equipment when it deems it proper. PAGENO="0429" AIR LAWS AND TREATIES OF THE WORLD 419 TITLE IV PERMISSION TO NAVIGATE IN THE AIR OVER NATIONAL TERRITORY Rule$ to be eb~erved for take-off, enroate a'nd for landing. ~1it;cle 14. Any private aircraft whose registration has been issued by a State party to C.I.N.A., C.1.A.N.A. arni C.A.C.H. shall have the r~ght to overtly the air space of the State without landing, following the routes which are fixed by the respective regulation. However, for reasons of public safety, they must land when they receive the order to do so by means of regulation signals. Aircraft not specified in this article, and commercial aircraft must request from the respective Mi ntstry, through diplomatic channels, the proper authorizations to fly over national territory. A iCicle 1.5. Any aircraft crossing the frontiers in order to land on Clihean territory, shall do so at the fifst airport on its route. If by force ]najeure, any aircraft must land at a place not included anlong the scheduled stops, it must report immediately to the local authority, who shall communjcate with the nearest airport in order that its authorities may decide whether the necessary inspections may be performed there, oi whether the aircraft may take off to said air- port for adniinistrative and customs inspection. Article 16. Any aircraft flying in, or through the air space of the State, including reasonable necessary landings and stops, may avoid attaclinient or embargo for iiifriiigement of a patent, dies~gn or model related to the aircraft, by posting bond, the amount of which shall be determined without delay by the Coml)etent authority of the place of attachment, in the absence of an amicable agreement as to the amount. Article 17. Any aircraft flying over national territory must be pro- vided with a) A registration certificate. b) A certificate of airworthiness. c) Permits and licenses for the commander, the pilots and crew members. d) If transporting passengers, a passenger list. e) If transporting merchandise, invoices and manifests. f) Log books. g) If carrying radio equipment, the license provided for in Article 13. h) upon entry into the country aircraft shall carry a bill of health viseeci by the respective consul in accorcliuice with the con- sular law in force or to be adopted; the crew and passengers should present the documents required in the Immigration Law and the the health regulations. Ai't;cle 18. Log books must be preserved for two years, computed from the date of the last entry verified therein. Commanders shall note in the ship's log all important events of the tril). Art(Vc JO. Aircraft of States which are l)alties to C.T.N.A.,. C.I.A.N.X. and C.A.C.H.. shin 11 have a right to the same ass~tance avaiiali'e to national aircraft, in accordance with the regulations. Article 20. Salvage of aircraft lost on land or at sea shall be gov- erned by tIle corresponding priflCil)leS of admiralty law, unless then~ is an agreement to the contrary. PAGENO="0430" 421) AIR LAWS AND TREATIES OF THE WORLD Artic'e 2J* Private aircraft shall carry markings painted on the outsjde and iii visib]e form, according to the regulations showing na- tjopa}utv. re~istration. as well as the name and address of the owner, In OI~C~ to permit easy dent~ ~icat1on. TITLE V ~1R TIL\FFIC Ai't~'/e 22. The State shall exercise full and exclusive sovereignty over the air space over its terrItory and territorial waters. Article 23. Navigation of Chilean aircraft within the national ter- ritory shall be free, subject to the provisioi~s of this Law. Navigation of foreign aircraft shall further be subject to the provisions of inter- national agreements, and they shall be prohibited from sabotage serv- ice, either commercial or postal, which shall be reserved to Chilean aircraft. Article 24* No aircraft of uncertain nationality may fly over the territory or territorial waters, nor may the following do so a) Aircraft which have not been registered in the manner provided in Title TI of this Law. b) Aircraft which do not. have a certificate of airworthiness and have not been certified or declared to be in good condition for navigation by the Aeronautics Board in the manner specified in this Law. c) When the crew members do not hold the licenses specified in Article 12. Article 25~ No foreign military aircraft may fly over the national territory or land thereon, unless it has received authorization to do so from the Government of Chile. Except as provided otherwise, such military aircraft shall enjoy the customary privileges granted to foreign warships. A military aircraft making a forced landing, or which is required or requested to land, shall not, by virtue of this fact, acquire any of the privileges provided in this article. Article 26. For reasons of military order or public safety, the navi- gation over and take-off of aircraft from, specified areas of the national territory adjacent seas may be prohibited. The location and extent of prohibited areas shall be clearly indicated in the prohibition orders issued. In case am aircraft. penetrates a prohibited area, it shall be obliged to give the regulation signals for landing as soon as it becomes aware thereof and land at the nearest airdrome outside of such area. The aviation authorities may order the landing of any aircraft in flight, in accordance with the signals prescribed in the regulations; the landing must. be made at the nearest national airdrome. Article 27. Aircraft. which violate the prohibition to fly over any territory which has been declared in a state of siege, or over prohibited areas, shall be confiscated upon landing at any place on the national territory, and their crews considered spies, and they shall be held for tIme courts which have jurisdiction to take punitive action in such cases. If an aircraft is perceived in flight, it shall proceed to land at the nearest airdrome, at the first notice given in accordance with the reg- PAGENO="0431" AIR LAWS AXD TREATIES OF THE WORLD 421 ulations and it must, from the moment of notice, cut the engines and descend to a lesser height.; otherwise, it shall be forced to do so. Article ~28. Without special license from the Aeronautics Board, air- craft may not carry: a) Explosives, arms or munitions. b) Carrier pigeons, radio equipment, cinematographic or photo- graphic equipment, articles prohibited by the customs regulations; and c) Mail items included in the postal service. Article ~?9. Wherever an aircraft in flIght may be, it shall obey the orders given to it by stations and aircraft of the police and customs service. Article 30. Flights intended for public spectacles may not be made without proper administrative authorization and a permit granted by the Aeronautics Board. Article 31. Acrobatic flights involving maneuvers which are dan- gerous and not necessary or good operation of the aircraft, shall be prohibited over populated places. Article 32. No aircraft may fly over cities or towns except at such heights as will permit them, even with loss of po~vei~, to land outside of such populate(l places or at an airdrome. Aiticie 3~1. During flight, pilots shall obey the Regulations on Air Police, and the provisions on lights and signals and air traffic rules, and shall adopt all necessary precautions to avoi(l damages and accidents. TITLE VT AIRI'ORTS AND AIRDROMES. AND LANDING OF AIRCRAFT Artic7e 34.-An airdrome is defined as any area on land or water especially equipped for the parking, take-off or landing of aircraft. Airdromes are divided into military, public and privmite Public airdromes are those constructed by time State, the Municipali- ties or individuals, and placed at the disposal of the public for air navigation, and private airdromes are those constructed by private mclivicliials for their persomial use. Only l)tiblic and pl'i\ate airdromes shall be subject to the provisions of this Law. Artcle 3-5. Only in case of force ?najeure may aircraft. land on, or take off from places which are not duly constituted public or pri- vate airdromes. Article 3(1. It shall be prohibited to establish or operate airdromes without authorization of time. Aeronautics Board, which shall deter- mine. the. standards for their design and operation. Such aii~ lioriza- tion shall be revoked in case an airdrome fails to meet time necessary conditions, or \vhen it fails to observe the reguiat iomi* All State aircraft shall have time right of free access to private a irdronies. A iuicle 37. No walls, lmii~es 01 apartment bii~ Idimi ~s niav exist, and their construction is prohibited~ as is also the erection of electric trans- mission lines or other obs~ acles, at a distance le~s than temm times their height., computed from the boundaries of the area destined for the landing field of any pul)l ic OF l)iivate airdrome. Lime loc~it]oii of new COflstrIld'tiOfls around all aiipoit must be 5111)111 itte(l fOr I lie ilhiproVal of the aviation autltorties. ]~ ii lie event. thu~ ~imcii works already PAGENO="0432" 422 AIR LAWS AND TREATIES OF THE WORLD exist, they may be (lenlolIslied or removed, with compensation by tile airdrome owner for damages, in accordaiic.e with the pi~ocec1ures of the Expropriation Law. Aitulr 3$. In time of war or great national crisis, the Government may prohibit or restrict navigation over the territory of the Republic or of its territorial waters by all or by some special type of aircraft. It may order the seizure of all airdronies and landing fields, as well as of aircraft, materials or machinery thereon, whether they belong to nationals or foreigners: they may be utilized by naval, military or air threes of the nat ion, and the valuation and l)~meIlt therefor shall he niade in the manner estal)llshe(t by the Expropriation Law. - I it~/e 3fl. In cases of necessity. national tourist, aircraft may land on uneult i voted lands or on the surface of the water, outside of air- dromes. The owner or owners of tile land or of the water shall have the right to demand that they be given the names of the owner and the commander of the aircraft, and after such information has been obtained they may not IJrevemlt the taking-off or continuation of tile trip. A iticle 40. The aviation authorities may undertake all types of in- vestigat ion before. take-off, landing and during the stay at the airport concerning aircraft, their crews, goods and persons present or shipped. TITLE VII TRANSPORTATION OF PASSENGERS AND CARGO Arf?cle 41. Air transportation shall be subject to the provisions of the Commercial Code relative to transportation by land, lake, canals, or navigable rivers, and of the special statutes in point, unless there is a conflict with the provisions of the Air Navigation Law. Artic7e 42. With respect to international travel, a carrier may not take on passengers who do not prove that they are duly authorized to disembark at the place. of destination 011(1 at scheduled stops. Article 43. By means of express stipulations in the transportation contract, the carrier may exclude liability imposed on him by rea- sons of risks of air travel whether in respect to passengers or cargo, 011(1 by msdemeanors committed by the crew, when the aircraft prior to departure is in good navigable condition and the commander and the crew hold the licenses mentionedi in Article 12. Artic7e 44. The carrier shall draw up a manifest indicating the nature of the cargo, in order that the commander may present it to tile authorities of the places where he lands, when they so require. Article 45. During the flight the commander of an aircraft shall have tile right to throw cargo overboard, provided that he deems it necessary for the safety of the craft. The carrier may not be held liable for losses to tile shipper or the consignee, but he shall he liable for damages caused on the ground. Article 46. During a flight and while on board, tile entire crew and tile passengers of an aircraft shail be subject. to tile authority of tile commander of tile aircraft. TITLE VIII GENERAL PROVISIONS Article 47. Legal acts which occur on board an aircraft during a trip shall be governed by Chilean law, provided the aircraft is flying PAGENO="0433" AIR LAWS AND TREATIES OF THE WORLD 423 over the national territory and territorial waters. Births and deaths which occur during the v~yage shall be registeleci in the ship log, and shall be communicated to the p1~oper local authorities, and to the Chilean consul, depending upon whether the aircraft lands within the country or on foreign soil, and they shall be considered as having occurred on Chilean territory. Article 48. The laws concerning shipwreck and saving of lives at sea and the duty to render assistance to ships in danger, shall be applicable to aircraft, whether they are over the sea or over land. Persons who render the assistance and services above indicated shall have a right to a reasonable compensation. Art c7e 4.9. In cases of charter of an aircraft the conimander and the crew shall remain unde.r the orders of the owner, uiiless there is an agreement to the contrary. The owner or owners of an aircraft char- tered l)y third persons shall be subject to the legal obligations and shall be liable jointly with the lessee or lessees for any violation of the laws as well as for damages caused. ITowever, if the charter contract is re- corded in the Register, and the lessee ful fills the conditions required by Article 7, the owner or owners shall be liable only for the legal obliga- tions and for a breach thereof. Article .50. An aircraft shall be deemed lost when it fails to appear within three months from the elate when the last notice concerning it was received. After this time has elapsed. the Aeronautics Board may request a declaration of presumption of death by disappearance with respect to the persons on board the aircraft. and send to the competent tribunal the data on the case. The tribunal shall declare the presumption of death of such persons in accordance. with the pertinent provis'ons of the Civil Code, except for the time period which is modified b this article. Article .51. Within the shortest possible t~me from the discovery of the wreckage of an aircraft, the pelson making such discovery must report the fact to the municipal authority of the nearest place. Article .52. The owner of an aircraft or the chartered, the commander and the person causing the damage shall be jointly liable for all dam- ages and injuries caused by aircraft to persons or l)I0Pel'tY. Article .5-]. Actions for damages and injuries shall be barred three months from the date on which they arose. Article 54. Aircraft which, for any reason, remain without flying for more than six months in the Customs or any other State-owned place, must be sold at public auction by a competent auctioneer at the request of the Aeronautics Board and the sum obtained, transmitted to the authority or to the person in whose custody the aircraft has been left. TITLE IX PENALTIES Article 55. When an aircraft flies in such a manner as to cause un- necessary danger to persons or property. the commander or the owner, or both, shall be punished by a fine of 500 to 5,000 pesos, or the maxi- mum imprisonment or both.2 2 The types of prisons and of the lengths of sentences are defined in the Chilean Criminal Code. :~9-7:~7- -~;5-- -vol. i------~S PAGENO="0434" 424 Alli LAWS AND TnEATIES OF THE WORLD Wleii an aircraft has been chartered, the person chartering it shall be ~onsideiecl as its owner, for purposes of this article. Jitic7e 56. The owned or the commander, or both, who operate an aircraft with registration marks not in accordance with those of the respective certificate, or who have concealed the marks specified in Article ~i, or make them illegible, shall be punished by a fine of 500 to 5.000 pesos and minor imprisonment in its medium degree. Iit~e7c 57. The owner or the commander, or both, of a private air- craft which flies with markings reserved for public aircraft, shall be puiiishabie by twice the penalties imposed in the preceding article. ~i ~t;~i 58. Any person who attempts to place or places a human life i mm danger. by crippling or making an aircraft umiserviceable or unsafe, etc., or who with intent alters its course by means of false signals or in any other nianner, shall be punishable by minor imprisonment in its nìininiuni or medium degrees and a fine of 500 to 5,000 pesos. If, as a coii~equence of the act, serious bodily injury or death of any person iesmilts, the penalties shall be those defined in Article 391, 397 and 410 of the Criminal Code. ~it'clc 59. The owner of an aircraft shall be punished by a fine of 51)0 to U ).U0O pesos and imprisonment in the medium or maximum cleg1ees, or by one of the two penalties 1) When lie places an aircraft in service without having obtained certificates of registration and of airworthiness or operates it without the marks specified in Article 21. 2) When lie permits an aircraft to navigate with an expired cdt ificate of airworthiness, or permits a take-off without having an autlioiizimt ion to early the instrunients 1)rohlbltedl by Article 2S of this Law. If the aircraft is caught in the act of transport- iii~ nicli in~titimeiits, it shall be confiscated. A ,`t~/e 611. Any person who, without special authorization, uses piioto~i~ipliic and cinematographic equipment in prohibited areas, shall be punshied by conhscation of the equipment. imprisonment in its uied~uimi or maximum degrees. and a fine up to 20,000 pesos. A it~/ "11. The following shall be punishable by a fine from 300 to 5,))t 0 j ~ and imprisonment in its minimum degree, or by one of the two l)elialtles: 1) Any commander who fails to carry any of the flight logs on board 2) Aiiv owner who fails to preserve any of the logs for the two ears following the last entry h) A~ ~eison who violates any of the provisions of Articles 29. ~O. 31 amid 32 of the Law. i ii~e7e L2. Any persom~, who has been punished for any of the viola- tioiis sperifed in the preceding articles, and who repeats or commits another oflemise within one rear after serving a prison sentence or pay- i,i~ ii fine shall he punished with time maximum of both penalties, which may ils'o be increased twofold. A i/S~/~ (5.]. Any person who stands or enters on the landing field of an airport used fur public service, or who permits animals to enter thier'oii. slid 1 suffer the penalties set forth in Article 492 of the Crirn- limo] ( `io me and shall he deprived of amiv right, of action for indemnity in ca~e of incident. PAGENO="0435" AIR LAWS AND TREATIES OF THE WORLD 425 Jit~cle 64. Any ielsoli who throws objects from an aircraft. which may cause. damage on the growid, shall be punished by a fine of 500 to 5,000 pesos and imprisonment iii its mediuni degree, or by oniy one of the two peiialties, when no actual damage is caused. The circum- stances set forth in Art ide 45 are excluded. Article C.~i. Unless foíce 1/u/jell/c has intervened, in case of accident caused to a I)e1s011 on the ground by an aircraft the guilty pel'SOn shall be punishable by the pei~ities provided in Articles 490 and 49~ of the Criminal (1ode, but in any case the (lalnages niuist be compensated. Aiticle CC. Any peison ivho violates the i~io~isioiis of Article 15 regarding the landing and t aRe-oil of aircraft, shall be 1)unlshed by minor iml)risonmellt in its iiiiiuniuin (legree and a fine up to 10,000 pexos, without prejudice to having hi~ licenses suspended or cancelled. Article 67. The owner or the commander, or both, of an aircraft fly- ing o~er a 1)rohib~tedl area shall be punished by minor iml)risonment in its med jum degree, and a titie up to 10,000 j~exos, or by one of these two i )enalties. ArtIcle 68. Any commander who, finds himself over a prohibited area, fails to give the propel signal for landing and to land as soon as possible out side of the area as specified in A ii ide 26, shall be. pun- ished by minor imprisonment in its nilniluulini decree or a fine up to 5,000 pesos, or both. ;lrtcJe (19. The owner or operator of a p~~'~e airdrome who fails to comply with the. specifications of the Regulation on Lights and Signals, and others which may be adopted later, shall be 1)unished by a line of up to 5,000 pesos. iliticle 70. Foreign aircraft which violate the provisions which re- serve to national aircraft the sabotage service within the national territory, shall Inly a fine of 500 to 20,00() pesos. without piejudice to any measures which may be taken by the Aeronautics Board to suspend any licenses if it deems it l)1op(~, or to ammy customs penalties. In case of repetition, the aircraft shall be confiscated. For the purposes of this article, any aircraft belonging to time same owner shall be consi(lered as the same aircraft. Article 71. The commanders and other crew members who, in per- formance of their duties, fly under the influence of alcohol or narcotics, shall be punished by minor inil)risonment in its minimum degree, by a fine of 500 to 5,000 pesos, or both, without prejudice to criminal liability on their part in case of accident caused thereby or on the part of the owner of the aircraft. Article 72. Any crew member and the passenger on an aircraft who, while in flight, disobeys the orders of the commander by acts which might endanger the safet.y of the aircraft, shall be punished by minor imprisonment in its minimum degree, by a fine of 500 to 5,000 pesos, or both, without prejudice to liability in case of accident, and suspen- sion or cancellation of the licenses of the crew members. Article 73. In the following cases, seizures shall be. in order and confiscation may he made of: a) Aircraft which carry persons whose intent to commit a crime against the sovereignty or security of the Stat.e has been p roved. b) Aircraft which are caught in transporting proclamations, books and other means to incite rebellion or resistance to the established Government. PAGENO="0436" 426 AIH LAWS AND TREATIES OF THE WORLD c) Ainiaft caught in committing offenses punishable by Article 83, Title XL Section Three of the Customs Ordinances, or which are caugic in the act of transporting materials prohibited by the Customs Ordinances. Article 24. The public authority (police) shall have the power to hold, as a measure of prevention, any Chilean or foreign aircraft which does not comply with the re(Juirelllents of the law, or whose commander has committed home violation. A iticle 7.5. The amount of the fines shall be deposited in the Cashier's Office of the Aeronautics Board in an account for the protection of national civil aviation. TITLE X AERONXFTICAL CorJRis Article 26. National Aviation personnel shall be under the jurisdic- tion of the courts which tile Code of Military Justice designates to hear all offenses covered in Article 5 of that Code. Article 7~. Without prejudice to the provisions of the preceding article, there shall be special courts charged with hearing cases related to the field of air services. These courts shall be called aeronautical tribunals and their jurisdiction shall extend to accidents and other acts deemed illegal and which arise out of air services, and to all other matters and violations defined or macic punishable by the present Law. A rticle 78. There I all 1 e an aerona at ical udge in each of the head- quarters of the various air zones into which the country is divided, each in charge of the Chief of the Air Zone. The President of the Republic shall fix the headquarters location for each of these zones and the jurisdictional territories which they shall embrace. Article 79. The Chief of each zone shall have permanent jurisdic- tion over this respective territory including therein the airports and airdromes, in all matters referred to in the present Law. In case lie is disabled or disqualified to hear a certain case, he shall be replaced in office by the best qualified chief of aviation in the zone. Aitirle80. A report on any act which should be punished in accord- ance with the Air Law shall be made within the briefest possible time to the chief of the respective zone. All officials and employees of aviation, and all government employees shall have the duty to make such reports. Article 81. The chief of tile zone shall name a prosecutor to be charged with the trial of the case. 1-Ic must be an aviation official of a rank not lower than a first lieutenant and his duties shall be those designated in the respective Code for Military prosecutors. - 1 iticle 8~. The rules of procedure of the Code of Military Justice shall be applicable to the trial of aviation cases. Article 8.~. The chief of the zone shall render judgments and execute sentences in all matters over which he is given jurisdiction. The chief of the zone shall render judgment with the advice of the respective zone judge advocate, if any. In lieu of the judge advocate, or in his absence, involvement or challenge, he shall be replaced in liese functions by the senior legally trained judge, in the city of the z(;ne headquarters. PAGENO="0437" .~1ll LAWS \\D TRI:A1 ~ 01 THE WORLD 427 In addition, he shall render opinions on problems of jurisdiction brought before him; solve conflicts of involvement or challenge made with respect to prosecutors or court secretaries, and decree substitu- tion when it is in order; order the execution of judgments and ob- servance of letters rogatory which are sent by other authorities, and send out those which the prosecutors in his jurisdiction need to have sent. The aeronautical prosecutors may send letters rogatory directly to each other if required in cases which they are preparing. Article 84. The chief of the zone shall also exercise within his territory disciplinary jurisdiction over all chiefs of space, airports and airdromes. The later may decide complaints, as a trial court and punish all violations for which the fines do not exceed $500; but they shall always communicate their deci~ions to the corresponding chief of the zone who, in such cases, shall serve as appellate tribunal. Dis- ciplinary measures applied by the chiefs of zones shall be those which the laws confer on the legally-trained Judges and those of large claims courts. Their decisions may be appealed to the aeronautical court for pur- poses of remand. Article 85. In case the same act is submitted to another jurisdiction, or cognizance of acts come under the jurisdiction of several tribunals, the aeronautical tribunals shall in every case initiate independently the cases concerning matters within their competence, and shall hear and decide them separately. Article 86~. In those cases where, according to the customs or other laws it is proper for the respective tribunals to make declarations, these shall not include aircraft and their accessorie'~. which shall become the property of the State and be delivered to t1~ aviation services. ADVOCATES Article 87. There shall be an aviation advocan in each zone, whose role shall be to advise the chief in the special cases established by the laws. AERONAUTICAL COURT Article 88. The aeronautical court shall be composed of five mem- bers: two judges of the Appeals Court of Santiago, two aviation chiefs of a rank not lower than squadron leader, and the aviation advocate. The aeronautical court may sit with three meml)elS, of whom at. least two must be the aviation members. Article 89. The two aviation chiefs on the bench of the aeronautical court shall be appointed by the President of the Republic and their term of office shall he one year, with re-election privileges as long as they are in active service. If one is retired during the period of his office he shall continue to exercise his judicial functions to the end of such period, unless a re- placement has been named. Article 90. The members of the Appellate Court. of Santiago who shall form part of the aeronautical court, shall be the same as those designated to form a part of the court martial in Santiago. Article 97. The Chief ,Justice of the aeronautical court shall be the senior judge of the court. PAGENO="0438" 1'~) AIR LAWS AYD TREATIES OF THE WORLD TITLE XI FINAL PROVISIONS Art u7~ P2. The President. of the Republic shall enact the necessary regulations for the application of the provisions of the present decree- aw. TRANSITIONAL ARTICLE Ji't~c7e 9.J. The contract~ in force at this time until their termina- tion shall be adjusted to the provisions of this Law insofar as they are not, in conflict with its provisions. CIVIL AERONAUTICS BOARD RESOLUTION No. 902 A'ugust 17, 1961. Pursuant to the provisions of Decree With Force of Law. No. 241, of 1960, Article 6; and, Whereas: 1. The Board has considered it. necessary to adopt a. revision of its international air transport policies and formulate the principles by which such policies should be guided in the present stage of develop- ment of said means of transport. while such conditions continue; 2. On one hand, the geographic position of Chile at the extreme end of the American continent with a capital situated on the margin of the present continental trunk routes, thus not constituting an obligatory stop-over on such routes, and other reasons of general interest, make necessary the adoption and measures creating an attraction for foreign airlines: 3. On the other hand, the necessity of having its own means of air transport and the existence of the "Linea Aérea Nacional", an entity of proven prestige and experience in these activities, make advisable the adoption of uoteetive measures for the Chilean (air) enterprises; 4. Thc natiol al interest will be protected by the formulation of a. just and reasonable equation which would obtain for the country a better linking with the outside world, especially assuring that Chile will continue to be included in the trunk routes and, at the same time, affording to the Chilean enterprises designated by our Government. the plotec~tiot1 compatible with the fore~ioing principle; ~. In the judgment of the Board, such a just equation will be achieved, for the 11~e~ent and for so long as the constantly changing circumstances of aii~aereial aviation do not otherwise indicate, with the adoption of the fo] li lug measures a) rfhe reservation of all important part of the regional traffic with neighboring countries for the national enterprises of both l)arties and, consequently, the limitation of the right to participate in said regional traffic by the companies of third countries, by assigning to them together with a quota equal to the quotas assignedi to the regional enterprises of each country; b) Limited nut horitv of the riirlit to overfly the riatiolial terri- tory without touching down ut it to those coiiipanies also serving it, establishing a relationship between the number of overflights and tile touchdowns in Santiago. c) An opportunity to compete not only between regional car- riers but. also with those of third countries, authorizing to these PAGENO="0439" AIR LAWS AND TREATIES OF THE WORLD 429 latter greater rights when they furnish greater service by their larger frequency over the route, by their greater speed and lower prices, taking into consideration for these purposes, the actual elapsed time for tile trip from terminal to terminal and the price per passenger mile between said terminals; and d) To 1imit~ tile protection to the~ Chilean carriers designated by our Government to their regional services and to allow them to operate on their more extensive routes ill competition with tile other international airlines, without prejudice to the protection given to them by reason of bi-lateral air transport agreements with other countries, by the extension of reciprocal rights by other governments in tile absence of an agreement and by an adequate distribution of the frequencies in relation to effective traffic de- mands. In consideration of the foregoing, the. Civil Aeronautics Board, pursuant to tile powers conferred upon it by Decree Law No. 241 of 1960. Resolves: Article 1.-To set forth the following principles in accordance with which new air traffic permits will be authorized as well as tile revision of existing permits: A) Overflights of the national territory:-The Board has been, and is, in principle, opposed to tile authorizatioll of rights to overfly the national territory in order to avoid the isolation of the country given its geographic position, and to assure the linking of the country with the rest of tile world through air services making stops in Chile for commercial purposes. Despite the foregoing, considering that~ air transport by its nature tends to ignore the boundaries of countries and to serve the most. direct routes, overflights of the national territory will be authorized only to those companies which serve Santiago as a stop in both direc- tions on a regular service. A minimum of three weekly stops in Santi- ago in each direction will be required of the companies in order for them to gain the rigllt to one overI1ight~ and for excesses over this number tile following table will apply: Weekly Orer- Weekly Over- Stop flight,~ Slop flights 3 1 S 3 4 1 0 3 5 2 10 3 2 11 4 7 21 B) Thii'cl and Fourth Freedom Tra~e:-With the exception of regional traffic, third and fourth freedom traflics alrea(lv autllorized and tilose which may be authorized in the~ future. will he regulated by the necessities for air transport, by the reciprocity of the countries of the companies participating ill this traffic may aiithonze the Chilean companies, and by tile provisions of bi-lateral air transport agreements between Chile and other countries; between Chile and other countries; C) Fifth Freedom Traffie:-The Board, with respecf~ to fifth free- dom traffic, will apply the same principles set forth al)ove for third nnd rourthi freedom traffic, wit Ii the exception of regional traffic, that is to say, that traffic generated between Chile and adjoining countries. PAGENO="0440" 430 AIR LAWS AND TREATIES OF THE WORLD Said regional traffic will be distributed in three equal parts, as follows: ~ for Chilean companies. i~ for companies of adjacent nations, 1~ for the foreign companies of third countries. The total of the regional traffic will be calculated periodically on the basis of statistics. In order to assure good service 1)0th Chilean companies and the companies of adjoining countries will be required to offer an adequate seating capacity for the regional traffic assigned to them. In the event~ that the companies designated by Chile or by the adjacent~ countries do not- offer the capacity required by the Board, they shall not have the right to their respective quota of one-third which will be reduced by an amount corresponding to their capacity. In these circumstances, that part of the quota not utilized shall pass with priority to the companies designated by the adjoining coun- tries, and if not taken by them, shall subsequently pass to the com- panies of third countries. by express (lisposition of the Board. Notwithstanding the foregoing, there will be reserved in all cases, to the companies of Chile and of the adjoining country the right for each one to transport at least 20 percent of the total traffic. The one-third corresponding to the companies of third countries is a maximum global quota which may not be exceeded without the ex- press disposition of the Board but which may be reduced by an amount which the companies of neighboring countries may win in free com- petition, possibly being able to absorb it completely. Those companies operating their services with a minimum frequency of two weekly trips in either direction over the route shall have the right to participate in this global quota. In order to determine the theoretical quota of regional traffic corre- sponding to each of the companies of third countries meeting the requirement as to number of frequencies required, in conformity with the one-third which has been assigned to them, a co-efficient shall be calculated based upon the following characteristics of the service operated: a) Weekly frequency of flights on the route; h'~ Time of the flight, that is to say, the actual elapsed time for mak~n~ the flight from terminal to terminal c' The price per passenger kilometer between terminals. Wiien a plane is mixed first and economy class, the average price will be calculated as follows: Average Price: No. of 1st Cl. seatsx fare-No. of Economy Class Sea.tsX fare Total No. of Seats The sum of these theoretical quotas shall be equal to the one-third of the traffic as~i~ned to conipanies of third countries. Nevertheless, a cozupany may exceed its theoretical quota without impa~rment of those asshrned to the other companies, but without exceeding the global one-third. Tn the event that the companies of third countries transport more than the global one-third, a reduction and an appropriate sanction will be applied, which will be applicable only to those companies PAGENO="0441" AIR LAWS AND TREATIES OF THE WORLD 431 which are transporting a greater quota than the theoretical quota assigned. Article 11.-Non-regional traffic passengers making "stop-over" in Santiago, and/or Lima, and/or Buenos Aires, as the. case may be, will not be counted in the regional traffic quotas providing that the com- panies so accredit them authentically, in a separate list which should accompany the inonthly statistical data. This list should specify the names of the passengers, the origin of the journey and the final destination, the number of their respective ticket and the place of its issuance. In the event that the companies do not comply with the foregoing stipulated conditions, all of the passengers manifested between Santi- ago and Buenos Aires and vice versa as well as Santiago and Lima and vice, versa will be considered within the quotas fixed for regional traffic. Article J11.-Within a period of 30 days counting from the date of this resolution, the Board will proceed to fix the theoretical quotas for regional traffic for passengers to and from adjacent countries to be applied beginning October 1, 1961 by the various air enterprises to which they correspond, in accordance with the principles established in Article I of this resolution and using as a base the traffic statistics corresponding to the first six months of the present year. EXPLANATION OP RESOLUTION No. 902 Board Resolution 90~3 of August 17, 1961, Issued Pursuant to Article 6 of Decree wi~th force of Law No. ~41 of 1960. I. Principles to be followed in issuing new and revising existing permits. A. Overflights One transit flight allowed for 3 or 4 stops in Chile. Two transit flights allowed for 5, 6 or 7 stops in Chile. Three transit flights allowed for 8,9 or 10 stops in Chile. Four transit flights allowed for 11 stops in Chile. B. Third and Fourth Freedom Traffic Non-regional Third and Fourth Freedom will be governed by bilateral agreements and reciprocity. C. Fifth Freedom Traffic 1. Fifth Freedom traffic will he governed by bilateral agree- ments and reciprocity except for regional Fifth (i.e., between Chile and adjoining countries) which will be divided ½ for Chilean airlines, 1/~ for airlines of adjoining nations, and 1/3 for non-regional airlines (called "airlines of third countries"). (Note: three countries adjoin Chile-Argentina, Bolivia and Peru). 2. The 1/3 will be calculated periodically on the basis of statis- tics. 3. If an airline does not offer capacity to accommodate the al- lotted quota, the quota will be reduced to the capacity provided therefor, and the excess will be given to adjoining countries. If not taken by them, the excess will be allotted by the Junta to "third countries". PAGENO="0442" 432 AIR LAWS AND TREATIES OF THE WORLD 4. Notwithstanding the foregoing, at least 20% of total traffic will he reserved at all times for the airlines for Chile and ad- joining countries. 5. Adjoining countries are free to absorb the entire 1/3 third country quota in free competition. (. Those companies operatmg a minimum of two weekly trips over the route shall have tile right to paiticipate in this global quota. 7. The calculation of theoretical quotas will be based on: (a) Weekly I requencv. b) Terminal to terminal elapsed flight time. (c) Price per passenger km. between terminals. In the case of mixed configuration aircraft, the average price will be determiricd as follows: number of first class seats times fare~, minus number of economy class seats times fare, the result being divided liv tile total number of seats. IT. ~)n~meg1onalpassenger~ making a stopover in Santiago and/or Lima and or Buenos Aires will not be counted ill tile regional traffic (l~1otas. provided the companies list them separately when submitting statistical data. The list should show tile name of the passenger, origin and destination of tile journey, number of ticket, and places of issuance. III. The quotas will l)e fixed by the Junta in 30 days on the basis of traffic statistics for tile first six months of 1961, and will be ap- plicable October 1, 1OG1. On u:n LE(;TsT~'rIoN ix FORCE 1. I)ecree :~57 of June 14. lOIS. incorporates in its text tile provisions of Decree 42 of January 20, 1945, together with those of I)ecree 802 of Novelill)cr I 7, 1947, lvii kb dealt wit ii licenses 11(1 concessions to operate scheduled airline rout es. ( D517;o 0770/07. October 18, 1948) 2. l)eciee 1fi2 of March 12, 1045, amends Article 5 of the ilegula- ions on Licenses and ( `oncess~ons to operate scheduled airline routes, origInally approved liv I )ecree 502 of November 17, 1947. Amended aouin liv Decree ~ Of May 19. 1915 (p;(io;o Oflci'a7, November 27, 1948). :~* I )ccree (i-IS of 1941) amends he rules dealing with permits and licenses to operate scheduled airline routes. (D5,iio Oflc;a7. Novem- ber 24, 1919) 4. Decree 5))7 of september 27. 1950, anlen(ls tile I~egulation on Permits and Licenses to operate scheduled airline routes, by adding that foreign corporations shall not he required to establish a branch iii the nation, if the are corporations that have capital belonging to their respective govern nients, or if tile enterprise has been established asan agemicv for a Chilean corporation. (iLeu;o 0/bid. October 16, 1050) S. l)eiee 7a7 of Yovel/Iher 21). 1952, aniemids 1 )ecree 42 of .January 2~), ~ wlu~h estabui~1~edl a Civil Aeronautics Board (Jiiiit,i de tc,~oi~f;7,~;c(' Civil.). (D;(71;o 0 ~`7. ~Januai'y 20, 1953) 6. D.F.L. 36 of April 26, 1953, grants power and authority to the Aviation Office l)iieeeián tie Aeronanticti) in connection with corn. niercia 1 am ~d tourist ~i vial ion pro~irams. Contains provisions I u encour- PAGENO="0443" AIR LAWS AND TREATIES OF THE WORLD 433 age 1111(1 st ininlal e 511(11 activities, irivi n~z s~ipervisioI1 and control over schools, clubs, lactories and orgailizat ions ha ving any relation to this type of air traffic, and treats of tinaniial matters, safety measures. anti others. (f)~5iie'o Oflc,'c7. May .5, 1953) 7. Decree 101 of May 29. 1 0.13. creates all aircraft factory (Fi1~nie~i ~`/e Aio~o~t,'es (/C C!1 71. F. IX. [Ei7O ) as a government agency under the. Ministry of National Defense. D.F.L. 239 of July 23, 1953, amen(ls Articles 2 through 7, on the. establishment of the factory. See also T)ecree 1215 of July 13. 1955. (D5ir~'o Ofi1c7. June 27 and July 30, 1953) S. D.F.L. 129 of June 17, 1953, lnlelnls T).F.L. 311 of March 26, 1953, which related to certain po\\~e1s ass~gned to the Aviation Office (Di- ?(~(/O/) rIC ~I~i'oioiif,ec). The ani'oidmeiits lc:il \vitll airports and other authority ovei ci V1i avial on. (J),~,;~ o~-,.7. June 30, 1953) 9. Decree 74 of Februar 3, 1954. approves a regulation to govern conditions for air transport contracts of freight, pilSSeIlgel5, l)aggage, etc. and defines the liability of the. national airlines. (D~'auio Oficial, March 1(3. 1954) 10. Decree 407 of May 25, 1954, approves the Organic Regulations on Aviation, repealing all former eii~ictnients. This sets up a Direc- torate (If Aeronautics as a government agency in charge. of civil aero- nautics. (D"ai~io Oflcic/. July 9, i~5~) 11. 1)ecree- 125 through 12* of .Januarv 25, 1055, deal with author- izations granted to various compantes to operate airline services. (Diario Oficiai, February 22, 1955) 12. i)eeree 571 of June 3, 1955. puts into eliect the standards and methods re.comiiie.mled by the Tnternatlonal Civil Aviation Organiza- tion on accidents and salvage Annex 12 of the (1nnvention) . (Dh'rio ofie;a.7. .Jnlv iS, 1955) 13. Decree 1215 of July 13, lOas, approves ~ ()raanie. Regulation for Operation of the National Airraft Fact iv ( F. [X tERO), re- pe~~l1t~ Decree 1(363 of T)ecemher 15, 1054. H~e also D.F.L. 239 of ,Julv 23, 1953, and Decree 101 ef SJ~ 29, 1953. ( J)icr~'o O/u'?al, September 20, 1955) 11. Decree. 1141 of July 24, 105(3. puts into etlect the international standards and methods contamed in \nnex 14 and ~upp1ement to the Convention on Tnternational Civil Aviation, which relate specifically to airports. (J)iai~o Oflcal. August L5, 195(3) 15. Decree. 351 of April 10, 1957. amends Article. 7. Section 3 of Decree 1(314- of September 2, 1955. which eiiac~ed the. Regulation on Aviation Fees. The. aniendnient raises t1~e fee from 5.00 to 10.00 pesos. (D5'r"o OflcSil. May 4. 1957) 1(1. T)ecree 730 of June 25. 1957. amends l)ecree 1(314 of September 2. 1955, which adopi cii the original Re~niletion on Aeronautical Fees. The amelldnler0 concerns increases in fees for ise of landing lights and rescue servne.s. (J)~~ic~o O~c,itJ. July 19, 1957) 17. Law 12.475 of July 39, 1957. emends Article I of Law 10.645 by extending the exemption from taxes referred to therein. The original law limited it to airlines who~e capital was Chilean only, the amendment. now makes it for air1ine~ whose capital is at least 75 per- cent Chilean. (J)iaw'o OficS'7. August S. 1957) PAGENO="0444" 434 AIR LAWS AND TREATIES OF THE WORLD 18. Law 13.553 of September 29, 1959, provides that Chilean air- craft and aircraft of other nations belonging to signatories of the international civil aviation agreement, shall be exempt from the con- sular pioceclures provided in Article 5 of Law 11.729. (Diario Oj~cial, October 13, 1959) 19. I).F.L. 241 of March 29, 1960, reorganizes various agencies deal- ing with aeronautics and forms the Junta de Aeronóutica Civil and the Di,ccción de Jeromiutica (the latter dealing with military aero- nautics). (D;ario ofie;al, April 6, 1960) 20. Decree 289 of May 17, 1961, promulgates the Convention on International Recognition of Rights over Aircraft, signed in Geneva on June 22, 1948. (Diario OficiaL June 13, 1961) 21. Decree 403 of June 7, 1961, amends Articles 130 and 131 of the Air Navigation Regulation, which was approved by Decree 756 of December 24, 1932. Amendments concern the definition of zones which are prohibited. restricted and dangerous. (Diario Oficial, June 23, 1961) PAGENO="0445" CHINESE PEOPLES' REPUBLIC PRELIMINARY Despite the most diligent search-which extended to personal inves- tigation in Taiwan and I-long Kong-no basic air law of the Chinese Peoples' Republic could be found. Therefore, an attempt has been made to illustrate legal principles by applicable provisions of the customs law and the text of available bilateral treaties concluded by the Chinese Peoples' Republic. PROVISIONAL CUSTOMS LAW OF THE PEOPLE'S REPUBLIC OF CHINA The Provisional Customs Law of the People's Republic of China was passed at the 77th meeting of the Government Administration Council in Peking on March 23, 1951, and promulgated on April 18. This law has been in effect since May 1, 1951. CHAPTER SEVEN AIR TRANSPORT OF CARGO ACROSS THE NATIONAL BOUNDARIES Article 81. Civil airplanes flying into and out of the country should, except when otherwise permitted by the Customs Administration, land or take off at an international airport where there is a customs house. The aviation company should inform, in advance, the customs house of the time of arrival and departure to enable it to place the airplane under watch. Measures for control and supervision of civil airplanes approved by the Customs Administration to take off or land at an airport with no customs house shall he formulated by the Customs Administration. The civil airplanes denoted in this law include all non-military airplanes, airships, balloons or any other conveyance that can fly in the air. When a military plane is carrying civilians or common goods into and out of the country, the air commander of the locality should give advance notice to the customs house for inspection. Article 82. Civil airplanes after entering the country and landing at the airport should report to the customs house through the pilot or the aviation company, submitting a passenger list and a cargo manifest duly filled out as required by the customs house for its examination. When necessary, the customs house may ask the captain to produce testimony for flying across the national l)orders, the log book, the ton- nage report, and the nationality registration certificate. Article 83. Civil airplanes after entering the country should un- load the import goods under the supervision of the customs house and store them in a warehouse registered with or approved by the customs house. 435 PAGENO="0446" 436 AIR LAWS ANT) THEATIE~ OF THE WORLD Jitle7c 84. Txport ~oods carried by civil airplanes leaving the country shall be limited to those released by the customs house and the loading shall done under the supervision of the customs house. Jit;c7 8J. ~\\~hen civil airplanes leaving the country apply for cus- touts clearance, a passenger list including luggage, together with a cargo manifest, duly filled out as presc~ubed by the customs house, should be submit I ed to the customs house by the captain or the aviation conipallv. Aft c i hey are examined by the customs house. and all pro- cedures completed, the l)la1~e shall be allowed to take off. A it k/c 8G. The supplies and materials carried on board for the use of the plane entering the county should be listed and reported by the captain for placing under custoiuis control. Any additional supply of fuel and materials shall also be subject to exaniiiiation by the customs house. ~1,t;/~ 81. Civil airplanes entering the country, when carrying cargo to another international airl)ort in the country or to a foreign land via through traffic, shall submit. throuRli the captain or the aviation company for the examination of the customs house, a manifest of nuiport goods shipped 10 the points designated, or a manifest of goods sent by through traffic. The customs house shall place such goods under lock and key, to be released at the points designated or at the last international airport visited by the plane upon leaving the count ly. Jit~c/e 88. The customs house shall search civil airplanes entering or leaving the. count rv. If. under special (ircunustances, it ~s neces- sat to open up a part of the I)1a1~e where smuggled goods might be hidden. the captain of the plane or the aviation company should be notified first. Aiticle 8.9. If civil airplanes entering or leaving the country make forced landing in the country due to special circumstances, the captain or the aviation company should immediately communicate the detailed (oii(lltions to the customs house at the destination or the starting point. if there is a customs house at the place where forced landing is mmmdc, customs permission should first be obtained before the plane can be allowed to take off. If there is no customs house at the airport, a certificate from the local airport or the local peoples government, testifying that no loading or unloading of cargo or embarking or disenibaiking of passengers has taken place, should l)e submitted to the customs house for mecord p111poses. if the aforementioned plamie is timiable to colitinue its journey or has to reduce its burden. time cargo left behind should be reported by the captain to the local airport or the people's government for custody. Permission must be obtained front the custonis house before further shuipuient can be made. ~/ ;~i~ 90. When mechanical disturbances or other causes necessi- tate air drop of goods from aboard civil airplanes leaving or entering the country, the conditions should be Ieportecl inimeUiat~lv I )V t uptain or the aviation company to the customs house at the airport ;cambv for transmission to the 1)ort of arrival or the port of departure. Pm1i*Tm1~r1x~I~v: Tnv.~'i' irs or riir (`ITIXF.SE PEOPLES' REPUBLIC 1 I/n iio-~o';et (1 (~ctw/u tica/~. `iiie utilization of civil aviation ~IS a means of combating the prob- ituius of a vast territory amid rioor land communication was an idea PAGENO="0447" AIR LAWS AXD TREATIES OF THE WORLD 437 long entertained by the. Chinese Coiiiiminists. ~ earJv as Sept eniber 1949-the eve of the formal proclamation iw Mao `fse-tung of the iounding of the Communist regime--, Article 3G of tlc~ ( `omnion Pro- grail!, adopted by the First Plenary session of the ( hitiese. Peoples Poiji ical Consultative Conference, st11)uiated that c~vil aviation in Coniniunist China must. be developed in a phiiiined and systematic iiianner. In the same year, the Peidllg regime estaill shed the China Civil Aviation Administration. ~egotiations were carried out between Coinniunist China and the Soviet. Iiiion, and, as a result, an "Agreement oii the Estabi isllment of a ,Joint Sino-Soviet. Civil Aviation (]ompanv~ was concluded on March 2T, 1950. In accordance with tins Agreenient, the Sino-Soviet ~JOillt Aviation Company was inaugurated. file company was forme.d on the principle of "equal rights and partnei~s1iip . lvii Ii the express pnrpose of fostering the development of civil aviat ion in Communist. China and strengthening tile economic cooperation and cultural cx- change between Communist China and tile Soviet 111i011. ihe. fol- lowing I hree air routes were opened and operated by the company (1) Peking-Chita; (2) Peking-Irkutsk: and (3) Peking-Alma Ata. Almost. simultalleously tile China Civil Aviation Administration, with technical assistance and material aid of tile Soviet L nion, began to open a netlvork of domestic air routes, with Peking as the center. On December 30, 1954, an "Agreement between tile Government of tile People's Republic of China and the. Government of tile Uiiion of Soviet. Socialist Republics Concerning tile establishment of Scheduled Air Service Between China and the Soviet Lnion was signeu in Peking by \Vu Fa-hsien, head of the Conlmunist Chinese Delegation and S. F. Zhavoronkov who led the I)eiegation of the Soviet Ijilion. Tue l)limlcipai lovisions of the Agreement are summarized as foiiows 1. Fhree air routes: (1) Peking-Moscow, (2) TJrumchi-Alma Ata. and (3) Peking-Chita were to I)e opened for the transporting of passengers, baggage, goods and mail by civil aircraft of tile Contracting Parties. 2~ The civil aviation authoiities of the ( ontractini~ Parties woui(1 1le~rotia~ e. and conclude a separate agreeniemit conierning technical problems related to tile operation of the routes. 3. While. in tile territory of tile other (ontra(tillg Party, aircraft of one Contracting Party. it~ flight, personnel a11 I I lie pi1H~1lge1s, goods and mail carried would be subject to tue ia\vs and iegulat lOliS of tile. other Contracting Party. 4. All plevious treaties oii air transport between tile Contracting Parties were repealed. 5. lIle Agreement. was to emlter into force on the day it was si!nIecl and would rema ~ll in force for bye yea rs. ii ext ensiomi of five years would be automatic. unless notice. Ilad been given six 1110111 hs pior to the expiration date by either Commtractin~ Party to tile. other (1on- lraeting Party of its desire to terminate tile Agreement. Business of the Sino-Soviet Joint Aviation Conlpa]lv was suspended 011 .Jannary 1, 1955, and its assets, seclirit les, a~a I adniinistr~~t ive PAGENO="0448" 438 A1Fi LAWS AND TREATIES OF THE WORLD ~iiiti~ority were transferred to the China Civil Aviation Adininistra- tion. 2. The ASliw-Burmese Air Transport Agreement of 195g. Negotiations relating to the establishment of civil air transport serv- ice between Communist. China and the Union of Burma were held in Rain~oon in 1955. As a result, the "Air Transport Agreement Between the Government of the People's Republic of China and the Government of the Union of Burma" was signed on November 8 of the same year by `\Vu Fa-hsien, head of the Communist Chinese Dde- gal ion and U Win Maung, Burmese Minister for Transportation and Coinmu n icat ions. On the basis of this agreement~ scheduled civil air transport services were inaugurated on April 11. 1956. These events were hailed in Communist China as an outcome of the adoption by the parties concerned of the "Five Principles of Peaceful Coexistence" and as a concrete evidence of their mutual trust, assist- aiice and cooperation. 3. T/~e ~S;iio-J7.dnan-~e.~e Ar Transport Agreement of 1956. On April 5, 1956. the "Air Transport Agreement Between the Gov- ernment of the People's Republic of China and the Government of the l)emocratic Republic of Vietnam" was signed in Peking by Kuang Jen-nung. head of the Communist Chinese Delegation and Dang Tiiih, head of the Vietnamese Delegation. Scheduled flights were inaugurated on April 22, 1956 on the 852- kilometer Canton-Nanning-Hanoi route. Am TRANSPORT AGREEMENT BETWEEN THE GOVERNMENT OF THE PEOI'LES REPUBLIC OF ChINA AND TIlE GOVERNMENT OF TIlE UNION OF BURMA (Signed and entered into force on Nov. 8, 1955) The Government of the People's Republic of China and the Gov- ernment of the Union of Burma, desiring to establish scheduled civil aviation services between their countries in order to promo~e their economic and cultural relations, have agreed upon the following: Artkie I. (A) Each Contracting Party, pursuant to the provi- sions of this Agreement, agrees to grant the right to the designated air transport enterprise of the other Contracting Party to carry on flights, by its aircraft for civil transport purposes, on the following air route: Course for aircraft of the People's Republic of China: Kunming-Manclalay-Rangoon Course for aircraft of the Union of Burma: Rangoon-Mandalay-Kunming-Canton. For civil aircraft of the People's Republic of China, the above- mentioned right to conduct transport flights shall mean the transport- ing of passengers. baggage, goods and mail (1) from Kunming to Mandalay and Rangoon. (2) from Rangoon and Mandalay to Kun- ming; for civil aircraft of the Union of Burma, the above-mentioned right to conduct civil transport. flights shall mean the transporting of passengers, baggage., goods and mail (1) from Rangoon and Man- dalay to Kiinming and Canton, (2) from Canton and Kunining to Ma.ndalay and Rangoon. PAGENO="0449" AIR LAWS AND TREATIES OF THE WORLD 439 (B) In accordance with the p~incip1e of mutual respect for sovereignty over territorial air, each Contracting Party shall clesig- nato independently that~ part of the air route~, which Section (A) of this Article prescribes, that ~ thi-ougli its own territory. En- trance and exit points on the common border of the Contracting Par- ties shall be designated jointly through consultation. 1 ith'/c II. ( A ) The (ioveriinient of the Peoples 1~epul.)] ic of China shall designate the "China Civil Aviation A(lniinist ration" as the air transport. enterpi-ise to manatre the air route. prescril)ed in Ai-tic.le. I of this Agreement. The Goveriin~ent of the. Union of Burma. shall desig- nate the "Union of Burma Airways Board" as the air transport enterprise to manage the air route. prescribed in Article I of this Agree- ment. The frequency of sche(luled flights of the air transport enter- prise of each Contracting Party shall not exceed two a. week in each direction. Each Contracting Party shall decide for itself as to the date of inauguration of such scheduled flights, provided the other Contracting Party has been not I lied sixty days prior to such inaugura- tion. Either Contracting Pal-tv may request consultation, which shall be conducted on a faii' and equal basis, with the, other Contracting Party with a. view to initiate. any change in the schedule. of flights. (B) The right, of principal ownershiip and the right to make final decisions in the management. of the designate(l air transport enterprise shall belong to the government, of each Contracting Party. Artie7e III. The designated air transport. enterprises of the Con- ti-acting Parties, in accordance with the Protocol, which is based on joint needs and mutual l)eneflt, of this Agreement, shaH receive fair and equal opportunity and consideration i-egarding the. distribution of business and utilization of service, facilities including communication services, navigational a id, meteorolon-ical inforniat ion, accommoda- tions of airports, schedule of flights, rates charged for the carriage of passengers and g-oocls, business agency. transshipment and fiscal matters. Article IV. (A) Rates to be charged for the carriage of passengers, baggage and goods on the deshrriatecl air route. prescribed in Article I of this Agreement.. shall be fixed at a reasonable, level, with due con- sicleration for all factors including presupposition of economy in op- eration and expectation of a. reasonable amount. of profit. The designated air transport. enterprises of the Contracting Parties shall establish a uniform minimum standard for rates to be charged on either the whole. common air route or on clifierent. iMit equal sections of it. (B) Minimum rates to be charged on the. air route Prescribed in Article I of this Agreement. or ~11V section of it shall be reSolvedi by the a ii- transport enterprises of the Contracting Pa rties and ratified by the Contracting Pci-ties. In the event an agreement. cannot. be reached by the air transport enterprises or in the. event the minjmum rates agreed upon fail to acquire the required ratification, the Contracting Parties shall devi~e ways and means through which mutual agreement. may he secured. tTnhess a new decision on minimum rates is reached, the i-ates in force. at. that. time shall continue to be effective. it~t;c7e J7 Matters concerning the cai-ria~e of mail on the designated air route prescribedi in Art.~c.le I of this A~i-eemenr shall be. dealt with by the postal authorities of the Contracting Par ties through ii ego tic t ion. 39-T~7-'G~-vo1. l-29 PAGENO="0450" 440 AIR LAWS AND TREATIES OF THE WORLD A ite7 FL. (A) Every civil aircraft of the designated air transport enterprise~ of each Contracting Party, while in flight on the designated ait route prescril)edl in Article I of this Agreement, shall carry domes- t i eally-designed lnarkill2s for international flight, registration certifi- cate. certificate of airworthiiiess, flight log book, permit for radio equipment, passenger list and manifest of goods and mail; flight per- son iiel shall possess valid licenses and certificates of fitness. B) Each Contracting Party shall recogilize as valid the. above- mentioned documents issued or validated by the other Contracting Paitv. But the. standard of niinimuni requirement. set by one Con- I noting Party for the issuance or appiova.l of such certificates and li('nses shall equal or exceed that which is or may, at some future time, be set by the civil aviat ion authorities of the other Contracting Party. ! t;7~ Ff1. Pilots and other members of flight service who operate a iicraft~ of the designated air transport enterprises of the Contracting I ~ii it ies on the designa red air route presc1~il)ed in Article I of this Ag~ement shall be citizens of the. Peoples Republic of China and the I~n ion of Burma, respectively. ~.1 i'tie7e T7I1. Each Contracting Party shall permit the use by the other Contracting Party, of its airports necessary for the operation of the desienated air route pi'e~riled in Article I of this Agree- Inent. and shall be responsible for providing the kind of radio serv- ice essential to aircraft in flight under normal conditions, meteorologi- cal service and other flight facilities, and shall adopt the approved standards as set forth in the Protocol of this Agreement. Aitlc7e IX. Neither Contracting Party shall under ally circum- stances, charge~ civil aircraft. of the other Contracting Party for using its airports and other facilities rates higher thaii those paid by its own aircraft. Each Contracting Party shall publish these rates and notify the civil aviation authorities of the other Contracting Party. Jit;cle X. (A) Aircraft of the designated air transport. enter- prise of each Contracting Party shall comply with laws and regula- tions of the other Contracting Party governing the entry into and departure from its territory in international flight, business transac- tion~. fl~irht within its borders and prohibited and restricted areas. (B) P~rtinent laws and regulations in force of each Contracting Party governing entering tile country, leaving the country, release permit. customs, immigration and qUarailtine. etc. shall apply to flight personnel, passengers. baggage. goods and mail carried by civil air- craft of tile other Contracting Party. Tile Contracting Parties shall avoid an unnecessary delay while applying the provisions of these laws and regulations. C) In order to ensure observance of the provisions of this Agree- ine.nt, the proper authorities of each Contracting Party shall have the right, to inspect, within its territory, grounded civil aviation aircraft of the other Contracting Party. In doing so, unreasonable delay shall he avoided. Article XI. (A) Supplies of fuel, lubricating oils, spare parts, regu- lar equipment and other aviation stores retained on board aircraft. of the designated air transport enterprise of one Contracting Party shall 1)e. exempt in the territory of tile other Contracting Party from dus- toms duties, inspection fees or similar duties or charges, even though such supplies be used by such aircraft within that territory. When PAGENO="0451" AIR LAWS AND TREATIES OF TIlE WORLD 441 permitted by the customs authorities of the other Contracting Party, such tax-exempt supplies may be unloaded and kept under the custody of the customs authorities until reloading is desired. (B) Supplies of fuel, lubricating oils, spare parts, regular equip- ment and other aviation stores introduced into tile territory of the other Contracting Party, to be used exclusively for aircraft of the air transport emiterprise~ (lesigilatedi by, or on behalf of, one Contract- ing Party, shall, in accordance with the. principle of equality and mu- tual benefit, be exempt from customs duties, inspection fees or similar duties or charges, provided pertinent regulations of the other Con- tracting Party, whose Customs authorities may supervise such Slip- plies, have been observed. Article XII. (A) Each Contracting Party shall render every J)oS- sible assistance and convenience, within its territory, to the other Con- tracting Party in its technical maintenance and repair activities neces- sary for the operation of the designated air route prescribed in Arti- cle I of this Agreernent~. (B) TILC designated air transport enterprise of each Contracting Party shall make arrangements, and shall, when requested, make every effort t.o provide, within its territory, the designated air transport enterprise of the other Contracting Party with fuel and lubricating oils necessary for the operation of the designated air route prescribed in Article I of this Agreement. If one Contracting Party, for the pur- pose of operating that~ part of the designated air route that lies within the territory of the other Contracting Party. imports ii s own fuel and lubricating oils, the other Contracting Party shall permit such prac- tice and render every possible assistance and convenience. (C) Each Contracting Party shall adopt~ security measures in its airports for safeguarding aircraft, fuel, lubricating oils and equipment of the other Contracting Party. Article XIII. The Contracting Parties, considering the needs in the operation of the designated air route prescribed in Article I of this Agreement, shall, respectively, accord to the designated air transport enterprise of the other Contracting Party the foliow-ing: To the des- ignated air transport enterprise of the People's Republic of China, the right to establish its own offices at Rangoon and Mandalay. To the designated air transport enterprise of the Fnion of Burma, the right, to establish its ow-n offices at Canton and Kunming. With the exception of persons who are hired locally, each Con- tracting Party shall employ its own citizens to staff such offices. Each Contracting Party shall render such offices of the designated air trans- port enterprise of the other Contracting Party every assistance and convenience. Article XIV. Each Contracting Party agrees to accord to the desig- nated air transport enterprise of the other Contracting Party necessary convenience in matters concerning foreign exchange, in order that profit resulting from operating the designated air route prescribed in Article I of this Agreement ma be converted into the desired cur- rencies. Article XV. Each Contracting Party shall direct its civil av : ation authorities to conduct regular and routine consultations and to main- tain close cooperation with the civil aviation authorities of the other Contracting Party, in order to uphold the principles of this Agreement and to ensure the application of its provisions. PAGENO="0452" 442 AIR LAWS AND TREATIES OF THE WORLD Jitcc/e XT'J. The civil aviation authorities of each Contracting Party shall undertake, or (lirect its designated air transport enterprise to iuidertake, to make prompt exchange of current data on traffic be- tween the Contracting Parties. These data include regulations con- cerning transportation, time tables, price lists, and papers pledging that the provisions of this Agreement will be fully adhered to. Each Contracting Party shall also direct its designated air transport enter- prise to furnish the civil aviation authorities of the other Contracting Party with monthly statistics on traffic, including places of embarka- t 1011 and destination, bet ween the Contracting Parties. i t;7~ XTVI. Either Contracting Party may reque.st consultation with the other Contracting Party with a. view to initiate any amend- ments to this Agreement. Consultation shall take place within sixty days after the initial request. Resulting new or amended provisions shall immediately enter into force. Aitele XTUZI. In the event one Contracting Party or its desig- nated air transj)ort enterprise fails to act according to the provisions of this agreement, the other Contracting Party reserves the right to detain or terminate the operating licence granted. This action, how- ever~ shall not he taken until negotiation has taken place. Art'~7e XIX. (A) Each Contracting Party shall deem it its re- sponsibility to furnish suitable equipment. and take practical steps to aid aircraft in distress of the other Contracting Party, and to permit, subject. to control by local authorities, the other Contracting Party to provide measures of aid as may be necessitated by circumstances. The Contracting Parties, when searching for missing aircraft or aiding distressed aircraft. shall cooperate in concerted measures. (B) In the event of an accident within the bounda.ries of the other Contracting Party to all aircraft of the designated air transport enterprise of one Contracting Party, involving death or serious injury, or indicating serious damage of the aircraft, tile Contracting Party in whose territory the accident has occured shall, according to its perti- nent. regulations. undertakes to investigate the circumstances of the acci(lent. The Contracting Party which owns the aircraft shall have the right to appoint observers to be 1)resemrt at. tile investigation and the Contracting Party conducting the investigation shall communicate the report and findings to that Contracting Party. J1f;(7C XX. The protocol and notes exchanged between the Con. tract i ng Parties in connect ion with this Agreement. shall be regarded as component parts of this Agreement and shall be included ill its application. :1 iti'lc XXI. In the spirit of friendship and mutual understanding, the Contracting Parties shall settle any dispute. arising from the in- terpretation or application of this Agreement and the protocol through consultation an(l negotiation. Ii'tiele XXII. This Agreement shall enter into force on tile day it is signed. After this Agreement has been in force for oile year, eitiler Contracting Party may at any time. give written notice to the other Contracting Party expressing its desire to terminate this Agreement. Tf such notice is given, this Agreement shall terminate one year after the date of receipt of the notice by the other Contracting Party, unless the notice is withdrawn by mutual agreement three months before the expiration date. PAGENO="0453" AIR LAWS AND TREATIES OF THE WORLD 443 Done in duplicate at Rangoon on the Eighth day of November, 1955, in the Chinese and Burmese languages. Both texts shall have equal authority. AIR TRANSPORT ACREEMENT BETWEEN TilE GOVERNMENT OF TIlE PEO- pi~'s REPUBLIC OF CHINA AND TilE GOVERNMENT OF TIlE DEMOCRATIC REPUBLIC OF YLET-NAM (Signed and entered into force on April 5, 1956) The Government of the People's Republic. of China and the Gov- ernment of tile Democratic Republic of Viet-nam, recognizing the necessity of establishing civil air transport services between their countries in order to facilitate the mutually desired strengthening of their economic and cultural ties, have agreed upon tile following: Article I. (A) Each Contracting Party agrees to grant the other Contracting Party the right to carry out round-trip flights, by its civil aircraft, for the purpose of transporting passengers, baggage, goods and mail on the following air route: Canton-Nanning Hanoi. (Hereinafter referred to as the de- signated air route) (B) Each Contracting Party shall designate independently that part of the designated air route that passes through its territory. En- trance and exit points on tile common border of the Contracting Par- ties shall be designated jointly through consultation. Article II. The Government of the People's Republic of China shall designate the China Civil Aviation Administration as the air trans- port. organization t.o manage the designated air route; the Government of the Democratic Republic of Viet-Nain shall designate its Depart- ment of Civil Aviation as the air transport organization to manage tile designated air route. Technical and business matters pertaining to the operation of the designated air route are. to he resolved, through negotiation, by the above-mentioned air transport organizations of the Contracting Par- ties. These matters include: frequency of flights, time table for flights, rates to be charged, freight regulations, fiscal mat.ters, meas- ures on flight safety, technical maintenance, etc. Article III. Civil aircraft of each Contracting Party, while con- ducting flights on the designated air route, shall carry domestically- designed markings for international flight, registration certificate, certificate of airworthiness, flight log book, permit for radio equip- ment, passenger list and manifest of goods and mail carried. Flight personnel shall possess certificates of fitness. Each Contracting Party shall recognize as valid the above-mentioned documents issued by the other Contracting Party. Article IT7. Laws and regulations in force of one Contracting Party governing leaving the country, entering the country, customs, pass- port, quarantine, etc. shall apply, within the territory of that Con- tracting Part.y, to civil aircraft and flight personnel of the other Con- tracting Party and to passengers, baggage, goods and mail carried by such aircraft.. Article V. Each Contracting Party, in the interest of flight, safety, agrees to supply civil aircraft of the other Contracting Party, while PAGENO="0454" 444 AIR LAWS AXD TREATIES OF THE WORLD conduc.~ing flights on the designated air route, with the following essentials : navigational aid by radio, communications, proper light- ing, meteorological information and technical facilities and services in airports. Ait~7e F!. Each Contracting Party shall accord to the designated uir transport organization of the other Contracting Party the right to establish an office or offices at a suitable locality or localities situated on that section of the designated air route that passes through its terri- tory. Each Coiitracting Party shall render necessary assistance to such office or offices of the designated air transport organization of the other Contracting Party. Ai(;c7c VII. supplies of necessary equipment, spare parts, fuel, lubricating oils and other aviation stores of the air transport organi- zation of each Contracting Party, to be used for operating the desig- nateci air route, shall be exempt from any duty or charge when enter- ing or leaving the territory of the other Contracting Party. Selling of such supplies in the territory of the other Contracting Party is prohibited. Aiti7e TI/f. Each Contracting Party shall offer every convenience 10 the air transport organization of the other Contracting Party in exchanging its net earnings within the territory of one Contracting Party into uational currency of the other Contracting Party. Aif~7e IX. Either Contracting Party may at. any time request in writing consultation with the other Contracting Party, with a view to initiate any amendments to this Agreement. Ait,c7e X. This Agreement shall enter into force on the day it is signed and shall remain in force. for a period of five years. Unless either Contracting Party has communicated its intention to terminate this Agreement. to the other Contracting Part.y six months before the expiration date, a five-year extension of this Agreement shall be a utomatic. Done in duplicate at. Peking on the fifth day of April, 1956, in t.he Chinese and Vietnamese languages. Both texts shall have equal authority. Other bilateral agreement Agreement. Bet weeii the Government. of the USSR and the Govern- ment of the Chinese Peopl&s Republic Concerning Establishment of Regular Air Communications Between the USSR and the Chinese Peoples Republic. ~ignecT December 30, 19.54 in Peking. Russian text. in: ]Iin~fer~tco Inostrannylelt Del SSSR. AS~bornik (/e?~t/'u.?u.shc/u7~h dogororo*v, sogla-shen2i ~ lconvent.s~ii, zaleliucheninyich ~ hiostran'nymi go.cwia.rctcaniL Fypusle XVI. 195~ :396-398. [Ministry of Foreign Affairs of the USSR. Collection of treat- ies, agreements, and conventions of the USSR with foreign States, [which are] in force. Issue XVI, 195~, pages 396-398]. The agreement provides for transportation of passengers, luggage, cargo and mail by civil aircraft of both contracting parties on three PAGENO="0455" AIR LAWS AND TREATIES OF THE WORLD 445 air routes: 1) Moscow-Nnvosibir~k-Trkut~k-Flan-Bator-Pekin; 2) Alma-Ata-Kul'dzha-Urumchi; 3) Chita-Shen'ian-Pekin (Article 1). The Main Administration of the Civil Air Fleet Attached to the USSR Council of Ministers ("AEROFLOT") and the Administration of the Civil Air Fleet Attached to the State Council of the Chinese Peo- ple's Republic (UGVF) shall conclude a separate agieeiiient regarding all questions of technical and commercial exploitation of above men- tioned air routes (Article 9). Aircraft, their crew, passengers, lug- gage, cargo and mail shall be subject to the laws of the contracting party on whose territory they shall occur to be. (Art. 4). All earlier treaties re-air communications between parties are repealed (Art. 8). The agreement shall be in force 5 yrs from the date of signing and shall be considered extended for further 5 years unless denounced 6 months prior to the expiration of the current period of time. (Art. 9, par. 1) PAGENO="0456" PAGENO="0457" COLOMBIA Liw ON CIVIL AVIATION 1 I. NATIONAL All SPACE Article 1. "National air space" is the air space covering the terri- tory and the territorial waters of the Republic. Article 2. The National air space, as integral part of the territory of the Republic, and by its nature as public property, is included in Article 4 of the Constitution. II. AIRCRAFT Article 3. "Aircraft" shall be deemed any machine capable of deriv- ing support in the atmosphere from the reaction of the air. Article 4. "State aircraft" shall be deemed military aircraft and others exclusively used in the service of the State; all other shall be deemed "private aircraft". Any aircraft commanded by a military person on active service, commissioned for this purpose, shall be deemed military. Article 5. All State aircraft which are not military, customs or police, shall be deemed private aircraft and shall be subject to the provisions of this Law. Article 6. Aircraft subject to [this present] Law shall be classified in three categories as follows: 1) "Aircraft for public transportation" shall be those used to transport persons or goods for remuneration or gratuitously, pro- vided the carriage is undertaken by an airline company. 2) "Aircraft for aerial work" shall be those used for industrial or commercial purposes, or otherwise for profit, not included in [such] transportation as specified in the preceding paragraph. 3) "Tourist aircraft" shall be those used for purposes other than those contemplated in the two preceding paragraphs. Article 7. The nationality of an aircraft shall be determined in the following manner: 1) The nationality of an aircraft shall be that of the last coun- try in which it has been registered. 2) Aircraft registered in another country may acquire Colom- bian registration. 3) Two or more simultaneous registrations on the same aircraft shall not. be permitted. 4~ Any aircraft registered in the National Aircraft Register shall be Colombian. Article 8. All aircraft registered in Colombia shall bear as national- ity marks such symbols as established by the Government. 1 Law S9 of May 2~. 1938, published in Diane Oficial, May 30, 103S, as amended. 447 PAGENO="0458" 448 MR LAWS AND TREATIES OF THE WORLD Artic7e 9. The registration of a Colombian aircraft shall be cancelled in the following cases: 1) When it. acquires registration in another country by a trans- fer authorized in advance by the Government.. This authoriza- tion shall also be necessary for any acts which burden or restrict the ownership in an aircra.ft and which may involve its removal from the country: 2) WThen an aircraft is permanently withdrawn from service, if the. Government so decides; and 3) When cancellation is requested by the owner. Artic7e 10. The National Aircraft Register shall include: 1) A complete description of the aircraft, in a manner which will permit its identification 2) An indication of the category of the aircraft; 3) The name of, and other personal information concerning its owner. Marginal notes shall be made in the re.gister concerning any sub- sequent change in the information specified in this article. Arficle 11. In order to be valid, acts which transfer ownership in an aircraft shall require a written instrument, and to make the transfer effective its registration in the National Aircraft Register and physical delivery of the aircraft shall be necessary. Acts which burden or limit the ownership in an aircraft likewise shall be subject to the formality of a written instrument and of registration in the National Aircraft Register. The. loss of an aircraft shall be recorded in the National Aircraft Register if its destruction has been proved. Artic7e 12. In the case of an unexnla.ined disappearance of an air- craft, its owner shall l~e imder a duty to return to the Treasury the amount corresponding to the tax exemption which had been granted to the aircraft. under this La.w; but. if its disappearance can be proved to be due to fraudulent operations of the owner, a fine shall be imposed, equivalent to 50 percent. of the value of the aircraft. as listed in the National Aircraft. Registe.r. Artie7e 13. In cases of judicial attachment. or litigation involving an aircraft, the judge or magistrate hearing the case shall advise the Office of Registration in the Civil Aeronautics Bureau with the effect estab- lisheci by the law in regard to articles outside commerce. 4i't~'cle 14. Only such aircraft may be. registered in the National Aircraft. Register as public transport. or air service aircraft. which pos- sesses the technical requirements specified by the Government. and when at least 51 percent of their value is owned by Colombian na- tionals or by corporations recognized as such in Colombia in accord- ance with the provisions of Article 15. Such aircraft. shall lose this status if they pa.ss by any manner of conveyance into possession of persons not. fulfilling the conditions required in [this] article. Art ~`e7e 1.5.2 Recognition of a. corporate entity referred to in the pre- ceding article shall be subject to the following conditions: 1) That. the entity be domiciled in Colombia. 2) That. its corporate capital be represented by a proportion of not less than fifty-one percent (51%) of its nominative shares 2 Amended by Law 68 of Dec. 20, 1939 (Diario Oficia(, Dec. 21, 1939). PAGENO="0459" AIR LAWS AND TREATIES OF THE WORLD 449 belonging t.o Colombian nationals or to Colombian companies, the majority of the stock capital of the latter in turn being owned by Colombian nationals. 3) That its president manager or legal representatives, and at least two-thirds of the other a(lministrators be of Colombian nationality. Paragraph 1. The legal [entity] considered in this article shall be forfeited if any of the required conditions for its recognition are no longer fulfilled. Paragraph 2. The conditions required by this article must also be fulfilled by airline companies presently operating, over a period of four years which may not be extended and which shall be computed from the effective date of this Law. Ai~f ic/c 16. Tourist aircraft may only be registered in the National Aircraft Register if they fulfill the technical conditions specified by the Government. and when they are owned by persons domiciled in Colombia. Ai'tie7e 17. Colombian aircraft. whose owners fulfill the conditions specified in Articles 14, 15, and 16, and engines intended exclusively for use on such aircraft, shall be exempt from the following national taxes: 1) Customs duties defined in Section 21, Article 2 of Law ~9 of 1931. 2) All ordinary or extraordinary excise taxes which would burden tile capital, for a period of fifteen years computed from the effective date. of this Law. 3) Taxes which burden or might burden in an ordinary or extraordinary way ai~y drafts sent. abroad exclusively to pay for such aircraft. and for engines and repair part.s intended for use thereon. In case ally aircraft. considered in this article changes nationality or is transferred to ownership of a person who fails to fulfill the specified conditions, the benefit. of the. exemptions granted herein shall cease, and the transferor shall pay the total amount. of taxes from which his aircraft had been exempted. III. TRANSIENT AIRCRAFT Article 18. Transient. aircraft. shall be those not registered ill Colom- bia but. temporarily aut.horized to fly over its t.erritory. Article 19. The Government may grant authorization to transient. a1rcraft owned by foreign airline companies, when they render inter- national air transport services, to schedule stops on the. territory of the Republic in order t.o make international connections for domestic trans- port services, but such connections shall be permitted only at. airports designated by the Government. In no case ma.y these authorizations be granted for domestic service. which shall be prohibited to foreign aircraft. i i'tielc ~?O. \ uthovizati~ns gr~nted to tlansienl air(raft iii accord- ance with the provisions of this chapter, shall be revocable by the Government at any time, with no need to just.ify the decision. Article 21. Transient aircraft shall be subject to the national law. PAGENO="0460" 450 AIR LAWS AND TREATIES OF THE WORLD IV. AIR NAVIGATION Article 22. "Air navigation" shall be deemed to mean the use of the air space by aircraft. Article 23. Air navigation and any service directly related thereto shall be deemed for all legal purposes to be of the public interest, and subject to final inspection and regulation by the Government. Article 24. Tn peacetime air navigation in the national air space shall he authorized pro~~ided that in each case all requirements and legal lrovisions are observed. Article 2~. On the grounds of public order and either generally or temporarily, the Government may prohibit air navigation over speci- fied regions of the national territory, or the use of certain aircraft, or the transportation of specified persons or articles. Article 26. The Government may prohibit the establishment of in- stallations, such as aerial cables, electric power lines and similar instal- lations when they are constructed in such a manner as to constitute obstructions to the safety of air navigation. Article 27. Signals or installations of any category, intended to insure the safety of air navigation, shall be considered as a service directly related thereto and, therefore, their establishment shall be deemed an important reason for the exercise of eminent domain [pub- lic use]. All persons shall be obliged to facilitate the installation and opera- tion of such service. Artic7e 28. Except in cases of force majeure or with advance authori- zation from the Government based on knowledge of the reason therefor, it shall be prohibited to throw from any aircraft objects, bundles, or materials except for regulation ballast, which may be jettisoned in case of need. Art ~cle 29. All persons shall render emergency assistance to any air- craft at the expense of the aircraft. operator. v. LEGAL STATI~S OF AIRCRAFT Aitkle 30. Aircraft on national territory or in the national airspace and its occupants shall thereby become subject to the laws of the Republic. Article 31. Commander of an aircraft shall be the senior officer on board; he will be responsible for the p1'eser\~ation of order and dis- c~plme on board the aircraft: he shall obey the laws, regulations and other official orders and enforce their observance by others and he shall he veSte(l with the authority granted to captains of vessels. Article 32. The operator of an aircraft shall be liable to the Govern- nient or to third persons for an violation of the law or of official orders, without prejudice to a right of action against tile person com- mitting such violation. Article 33. Persons damaged by aircraft or by acts occurring on boa.rd thereof may bring an action against tile operator of the aircraft or against tile person causmg tile damage. Art;cle .94. Any pel'soIl possessing an aircraft and using it 011 his own account. shall be considered its operator. No person other than the owner may possess a public transport aircraft, or one for aerial serv- PAGENO="0461" AIR LAWS AND TREATIES OF THE WORLD 451 ices and use it. for his own account, imless he is certified as the operator thereof. The owner shall be considered the actual operator, when the status as such is not certified to another pe~~on in the form of a public docu- mnent and recordation in the National Aircraft. Register. Such certi- fication shaH constitute a rating that may alter the category of an air- craft, according to the provisions of Article 14. The owner shall be considered the Ol)eratOr of an aircraft which is not registered in the National Aircraft Register, except when another persomu is certified as the operator in the Aircraft Register of the coun- try of the nationality of the aircraft, or in any other official document of suc.h country or of Colombia. Ai't;cle 35. When a crime i~ committed aboard an aircraft, or acts take place which require investigation by the. authorities, such aircraft must land at. the nearest Colombian public airport. and the commander shall immediately report to those local authorities who have jurisdic- tion to take charge of the investigation and trial in accordance with the general laws concerning jurisdiction and procedure. 1 it ,c7e 3G. 1)amages caused by an aircraft. or from it, shall be sub- ject to the jurisdiction of the authorities of the place where the damage was caused in accordance \vUh the general law concerning jurisdiction and procedure. l ~t;~7~ 37. In the investigation of any acts melltiOne(l in Article 35 and 36, the competent authorit shall obtain the. advice of a commission of experts composed of aircraft pilots, engineers specializing in avia- tion and physicians specializing in aviation medicne, as [these] may be approprate. VI. COMMERCL\L CSE OF TIlE AIR SPACE Art;ele 38. "Commercial use of the air space" shall l)e deemed to mean its use by public transport aircraft and aircraft. used for aerial service. Artic7e 39. Commercial use of the national air space may be made only by Colombian aircraft. Aiticle 40. In order to [operate] any public transport aircraft or aerial service craft., the [operators] shall prove to the Government their administrative, technical and financial ability with respect to the. activities which they intend to undertake and that they had obtained the required authorization. Article 41. The Government. may verify at any time whether an established operator is maiiitaiiuiig tile required conditions as provided rn tile preceding article, and may suspend his activities in case of in- sufficient compliance with an of these conditions. Article 42. Every operator must maintain a reserve fund, the amount of which shall be fixed or modified by the Government accord- ing to circumstances. Article 43. "Scheduled air service" shall be deemed to mean all operations in the national air space in accordance with rates and schedules fixed for the public. Article 44. Before an operator who has observed all the require- ments stipulated in Article 40, may establish a scheduled airline serv- ice ill Colombia, to it, or in transit to another country the plan therefor PAGENO="0462" 452 AIR LAWS AND TREATIES OF THE WORLD shall first. be submitted for study to the Government, which shall ex- amine the possibilities and advantages thereof with respect to public safety and economic interest of the national air transport industry. Pursuant to the results of this study, the required authorization shall be. either granted or denied. These permits must be submitted for periodic renewal. Jit;eie 4.~.3 When required by the needs of domestic air commerce and when the financial income of the airlines prevents the establish- ment of civil air services by private operators alone, the Government in av: ii) participate as a shareholder in private air transport lines by way of subsidy; b) in such case, the revenue from the stock may be requested by the Government in the form of shares in such enterprise; and c) create its own air transport service. In the last mentioned case, the services shall be under the direct supervision of the Civil Aeronautics Board.4 Article 46. The Government may also participate as a shareholder in international air transport enterprises. Aiticle 4~. Operators maintaining scheduled airline services be- tween two or more locations within the Republic shall be exempt from the following national ordinary or extraordinary taxes: 1) Taxes which burden, or may burden in the future, the pay- ments to be made for air transportation of persons, baggage or Cargo. ~2) Taxes which burden, or may burden in the future, the capital of such airlines in matters directly related to their services. Such exemptions shall be granted for a period of fifteen years, commencing from the date when the present Law enters into force. VII. AIRDROMES AND AIRPORTS Ai'ticle 48. An airdrome shall be deemed any location on land or water, suitable for the landing and take-off of aircraft. The periphery of the airdrome shall be deemed to be the boundary of areas intended exclusively for this purpose. Artic7e 49. An airport shall be deemed any airdrome equipped with special services for the landing, take-off, parking and supplying of aircraft, for the embarkation and discharge of passengers and for the Ioadin~ and unloading of goods. Ai'ti~7e ~). The G~vernment shaH establish a National Register of Airdromes in which all airdromes or airports authorized to function as such, shall be recorded. A transfer of ownership in an airdrome or airport, or an act which burdens or restricts such ownership, shall be void unless duly recorded iii the National Register of Airdromes. ~.II~t;(~7~2 ;~J. On the basis of their use. airdromes and airports shall be divided into public, and private and on the basis of their ownership, into national and private. Amended by Law OS of Dec. 20, 1939 (Diario Oficial, Dec. 21, 1939). Direccioa (7 `ni nl /c A C1OfliIlIti((i (`ui!. Changed to Departamento Administratiro de Aero~uiutica C/ti! by Decree 1721 of July is, 1960. (Diario Oficial, August 20, 1960). PAGENO="0463" AIR LAWS AND TREATIES OF THE WORLD 453 Public airdromes shall be those made available by their operators to general air traffic. Private airdromes are those intended by the owner for his own activities. National airdromes shall be those owned by the National Government. All other airdromes shall be private. Article 52. Every public airdrome or airport may be used by any private aircraft against payment of scheduled fees approved in advance by the Government. No private aircraft may use a private airdrome or airport without permission from the operator, except in case of force majeure. State aircraft may gratuitously use any national or private, public of private airdrome or airport. Article 53. Only in case of force majeure or accident may aircraft use places which are not authorized airdromes. Article 54. For the construction of airdromes and installations for air navigation the following requirements must be fulfilled: a) Prior Government authorization for the study and location of the airdrome and installations. b) Presentation of plans and drafts for approval and review of the Government. Article 55. The construction of public airdromes and airports shall be within the exclusive jurisdiction of the Civil Aeronautics Board. Article 56. Every airdrome or airport shall have a manager, with duties assigned by the operator which must be submitted for approval of the Government. Article 57. Every airdrome or airport shall have an airdrome or airport captain,~ who alone shall perform the duties of the national air police, and whose jurisdiction shall include the land area compris- ing the airdrome or airport and its facilities and, as to the air over the area all of the corresponding air space up to five kilometers sur- rounding the airdrome. The airdrome or airport captain shall main- tain order and discipline thereon; he shall obey the laws, regulations and other official orders, and enforce them against others; he shall be authorized to delay or refuse the landing or take-off of any air- craft, and shall be invested with disciplinary authority in accordance with the regulations implementing this matter. Article 58. The Government may designate the manager of a private airdrome or airport as airdrome or airport captain, when the limited importance of the airport makes separate offices unnecessary. Article 59. The national air police shall be directly under the su- pervision of the Civil Aeronautics Board. The Government shall regulate the mutua] relations between the air police and the regular police of the country, for the purpose of maintaining unity of the authority and responsibility of the airdrome or airport captain. Article GO. The regulation, organization and control of all air- dromes and airports is hereby declared an exclusive function of the State. Article 61. To operate an airdrome or airport, the operator shall be required to prove to the Government his administrative, technical and financial capacity with respect to the activities which he intends to undertake, and he must obtain the respective authorization. Such authorizations must be submitted for periodic renewal. ~ General supervisor with police and disciplinary powers, who also has authority to delay or prohibit take-off or landing of planes. Ed. PAGENO="0464" 454 AIR LAWS AND TREATIES OF THE WORLD Artic7e 62. The owner shall be considered the operator of an air- drome or airport, except when another person has been certified as operator in a public, document or when due recordation thereof has been made in the. National Register of Airdromes. Article 63. The operator shall be liable for damages and injuries occurring on or outside of an airdrome or airport, as the result of acts of air services peifomied therein, provided negligence on his part can be shown or on that of his employees, and such negligence shall be preswne.cl except. when the contrary is l)1OVed. Operators may recover from those i~rectlv responsible for the damage. Jitc7c 64. Airdrome or airport operators shall be liable to the. Gov- e.rmnent or to third persons for any violation of laws or official orders, without pietmclice to any right of recovery on their part against the persolis committing such violation. Jit;c7e GJ. At. every airdrome or airport of entry there shall be national customs and health services, for which the. airport operator iiiiist provide space and to which the captain must. render the necessary a~si stance. A 1tU/~ !J~J. Airdromes and airports shall be included in the services directly related to air navigation, and their estabhishinent shall con- stitute an ilnportant reason for the. exercise of eminent domain. The. National Government may expropriate airdromes and airports for purposes of national defense, or in order to prevent a monopoly of air transportation. ~icli purposes shall constitute important reasons for the exercise of eminent domain. A it/dc ;7. Any Department. [territorial division] or Municipality may transfer ownership of its airdromes or airports to the National Govern mem it. Aitc/c 68. Servitudes for airdromes or airports shall be imposed on surrounding land iii accordance with the following rules 1) \Vithin the area surrotmding an airdrome, no planting, budcl~ng or other perinamlemit or temporary work may be under- taken without securing prior authorization from the Government., when the area. around such works would at. any point touch at the minimum distance ~i)" of the area surrounding the airport, equal in meters. to the result. calculated according to the following formula, in which "I-f' represents the height of the airdrome above sea level, expressed in meters: D=800- -~ ~) The Government may refuse authorization when such plant- ings. buildings or other permanent or temporary work, whose heia'ht is expressed in meters as ~ exceed the results calculated according to the. following formula where "ci" represents the min- imum distance separating the buildings or works in question from the nearest point, of the airport area, and "H" the height of the airdrome above the sea level, expressed in meters: II = -~ - -10 2(j 12a PAGENO="0465" AIR LAWS AND TREATIES OF THE WORLD 455 When the result of the formula is negative all authorization will be refused. 3) If it is desired to l)lallt, build or undertake other permanent or temporary works exceeding the maximum peim issible height within the zone to which such servitudes extend, the Government may refuse the authorization only when there is a danger to the aircraft. using the airdrome. These authorizations may not be granted before twelve (12) months have elapsed from the opening of the airdrome to service and they may not be subject to any type of lien. 4) Within a period of not more than eighteen (18) months after an airdrome has been opened to serviceS the Government., for reasons of safet.y of the aircraft using it or of the inhabitants of nearby property, in certain circumstances. may impose more severe conditions for the property located within the above area. Such changes shall be justified by a report in each case. No airdrome or airport may be constructed at. a. distance less than 3D between it and the nearest periphery, computed according to the formula is the first rule of this article. Article 69. The removal of any obstruction to air navigation shall be considered an important reason for tile exercise of eminent domain, if it consists of a planting, building, or any other permanent or tem- porary work located within tile area defined in the preceding article. Artic7e 20. The Government. may acquire and equip land intended for airdromes or other services of air navigation, it may construct air- ports or installation thereof, or it may participate in such acquisition and construction. It may also take over the a(iministration and operation of airdromes or airports. Contracts necessary to implement this article shall not require final approval of tile Congress. Article 2,1. Airclromes and airports belonging to persons who fulfill tile conditions specified in Article 14 shall be exempt from all ordinary or extraordinary national taxes which burden or may burden their capital. When an airdrome or airport is intended for othtr services, or its ownership is transferred to another pei~on who does not fulfill the conditions of this article, the benefit of the tax exemptions granted shall cease, and tile transferor shall pay tile total amount of taxes from which his airdrome or airport. has been exempted. Article 22. Metal hangars, installations of fire protection and other equipment intended exclusively for lighting and signals on the run- ways of airdromes or airports, helonirmg to persoi~~ who fulfill the conditions specified in Article. 14, and beacons for aviation. shall be exempt from the following ordinary and extraordinary taxes. provided they belong to persons who fufill the con(iitions specified in said article 1. Customs duties defined in Article 2. section ~1 of Law- ~9 of 1931. 2. All excise, ordinary or extraordinary taxes ~vhich may bur- den the capital, for a period of fifteen veais computed from the date of enforcement of this Law. 3. Taxes which burden or may burden p~ymellt~ sent abroad exclusively intended for payment of such ejuipn~ent. ~ i~-v~i. 1-30 PAGENO="0466" 456 AIR LAWS AXD TREATIES OF THE WORLD In case any of the equipment mentioned in this article becomes the property of p~'~'~ who do not, fulfill the specified conditions, or when such equipment is used for other services, the benefit of the exemption shall cease, and the transferror shall pay the total amount of taxes from which such equipment had beeii exempted. VIII. PERSONNEL AND TRAINING Article 73. Commencing with the entering into force of the present Law, every airline shall constantly maintain in its services not less than ~5 percent of Colombian Personnel for the first five years of operation, 50 percent for the following five years, and 75 percent for the eleventh and following years. Artkle 74. The training and the exercise of the professions of com- mander, pilot, navigator, mechanic, radio-operator and other technical personnel, directly or indirectly connected with the operation of air- craft as well as that of airdrome or airport captain shall be subject to final inspection and regulation by the Government.. Article 7~5. The Government shall develop training facilities for the professions mentioned in the preceding article in a manner appropriate to the circumstances. Article 76. The Government may grant exemptions from national taxes oii capital and fuel when it. deems it advisable in favor of those [corporate] persons which fulfill the conditions specified in Article 15, if they provide training in the professions enumerated in Article 74, to the degree to which such training contributes to the technical re- quirements and the needs of the country. Article 77. Payments made to residents abroad and payments made to Colombian nationals who study aviation or subjects directly related thereto, shall be exempt from national taxes imposed or to be imposed, provided such studies are made under the supervision of, and the payments are made by the Government. The Government shall fix in each case the maximum amount which may be paid monthly and the period of time for which the exemption is granted. IX. FINAL PROVISIONS Article 78. Materiel and installations for civil aviation shall be considered reserves for military aviation in case of an internal dis- turbance or a foreign war. Article 79. In the cases specified in the preceding article, all serv- ices of civil aviation referred to in such article shall be without move at the disposal of the Government which will determine it.s use ac- cording to the needs. Article 80. In expropriation cases which may be initiated for con- struction of public airports and for the installation of services related to air navigation, the provisions of Law 83 of 1935 shall apply pro- vided that such services are installed by government agencies. For this purpose, the officials of the Public Ministry (Government Attor- ney) and representatives especially authorized for this purpose, shall file an expropriation claim at the request of the service in charge of civil aeronautics. Article S~1. When the value involved does not exceed $3,000 (pesos) contracts for acquisition of hand for airdromes or installations in the PAGENO="0467" AIR LAWS AND TREATIES OF THE WORLD 457 service of air routes require only the approval of the Ministry of War. In all other cases the provisions of Law 13 of 1935 shall apply. Ai'tkle 82.6 Violations of this law and the regulations and orders enacted for its implementation. shall l)e puiiisliable by fines, which may be converted into arrest and temporary or peiinanent suspension of licenses, permits and other authorizations. The Government shall regulate the amimounts of the penalties and the applicable procedure. Aitcle 8-5'. Without special Governnient licemise, it. shall be pro- hibited to transport by air any arms, munitions. explosives, narcotics and other articles which are not in commerce or whose importation or exportation has been prohibited by law. Violations of this provision shall be punishable by confiscation of the articles unlawfully transported, and by fines which may be as high as the value of the aircraft by meamis of which the violation is comnn tted. Artie7e 84. The enforcement and application of this law shall be under the sole jurisdiction of a special organization with technical per- sonnel, which shall be known as the Civil Aeronautics Board with jurisdiction over all matters related to the services on airdromes and air routes, radio communications, metereology, national air police, supervision of personnel, materiel and installation intended for civil aviation, as well as air navigation, air services, health and administra- tion of civil aviation. The Bureau shall first adopt all necessary regu- lations to implement this Law, and draft codes and legislation which may he necessary to regulate all activities in the domestic and interna- tional aspects of this field as well as the work of the Permanent Ameri- can Aeronautical Commission (C.A.P.A.) referred to in the next article. Artie7e 85. The resolutions approved at the First Inter-American Technical Conference on Aviation, held in Lima in 1937 concerning creation of the Permanent American Aeronautical Commission (C.X.P.A.) are herewith adopted. Therefore, the duties which were to be~ undertaken by the National Aeronautics Commission of Colom- bia shall be transferred to the General Civil Aeronautics Bureau, estab- lished under the preceding Article. Ai~tic7e 86. The Government shall have power to organize the Civil Aeronautics Board to determine its personnel and duties, considering the functions w-hich it must perform in relation to Colombian civil avi- ation as well as in relation to the C.A.P.A., to determine the appropri- ations needed for materiel for the Bureau, and to enact regulations which may he necessary to define the powers of the organization estab- lished under Article 84. Such powers insofar as they are extraordi- nary. shall subsist, up to 120 days after approval of this Law. Jit;cie 87. For the installation and organization of the Civil aero- nautical services, with the. functions designated in Article 84 and 85 of this Law and others which may he added later by the Government in accordance w-ith Article $6, an additional credit shall be included in the appropriations presently in force for national defense (chapter 32, Article 193 of the budget on present appropriations) and shall be charge(l to the surplus left on December 31, 1931 to the amount of one hunch-ed thirty-three thousand one hundred and fifty pesos ($133,150). Art?~c7e 88. The following provisions are hereby expressly repealed: 6 Amended by Decree No. 2452 of 1942. PAGENO="0468" 458 AIR LAWS AND TREATIES OF THE WORLD Article 11. 12, 13, 14. 15 and 16 of Law 126 of 1919; Law 8 of 1929; Law 5 of 1932: Decree 66 of 1934 and Decree 1254 of 1936. Article 89. This Law shall come into force upon its approval. Bogata, May 4, 1938. OTlirri LEGISLATIoN IN FORCE 1. Decree 1430 of April 25, 1947, approves the Regulations to im- plement Air Traffic and Transportation. (Diaro Oficial, May 5, 1947) 2. Decree 824 of March 29, 1949, approves Regulations for civil aeronautics. Includes full text of the decree on all aspects of civil aviatioii. (Pial io oficiel, July 13, 1949) 3. Decree 3931 of i)ecember 13, 1949, provides that all airlines or- ganize(1 in Colombia carrying airmail must be scheduled lines subject to the general supervision and control of the Civil Aeronautics Board. (Dai'io Oflcia7, January 9, 1950) 4. Resolution 185 of August 13. 1951, fixes the. requirements for the building of new airports and airdromes. (Diaio Oficial. August 23, 1951) 5. Decree 2058 of October 3. 19~1, regulates the hours of work for civil aviation personnel. Flight, time f~r pilots and co-pilots in coin- mercia.l or civil aviation cannot exceed 90 hours in any 30 day period; variations for other undertakings are covered, compensation, rest pe- rimis and annual leave. (Diario Oflcal. November 7,1951) 6. Decree 302 of February 11, 1952, amends Decree 2670 of 1947, in the sense that no payments or charges may be made for landing rights, use of airports of national ownership, by aircraft in public transporta- tion and special air services, whose maximum weight is not over those indicated herein. (Diario Oflciai~ March 15, 1952) 7. Decree 337 of February 17, 1953. reorganizes the Civil Aeronau- tics Board under the Ministry of Public Works. (Daiio Oficial, March 10, 1953) S. Decree. 2~33 of August 4. 1953, extends for another five years the exemptions J)roVided in Articles 17, 47 and 72 of Law 89 of 1938, the basic law on civil aviation. These exemptions related to capital tax and were granted to aviation companies. (Diauio 0/icial, August 14, 1953) 9. Decree 1414 of May 26. 1955. creates a "transient ticket", and adopts other measures on lengths of visits by alien passengers, trans- ferring in Colombia to other airlines, requirements of other types, etc. (D;ai~o Ofic~al. June 11, 1955) 10. Resolution 292 of September 17. 1957, amends Resolution 114 of April 26. 1956, and authorizes an increase of 30 percent on the price of passage on tile air-routeS designated ill tiliS resolution, and estab- lishes some discounts to be granted to certaill categories of persons, such as newspapermen and students. (Diario Oficial. October 8, 1957) 11. 1)ecree 1721 of July 18, 1960, creates tile Departa~nei~to Alin~n~.s- tiat;co (le Aeroi~aut~ca (!ie~i. Its purpose is to orient, advance, regu- late. and inspect, air commerce and civil aeronautics. (Diauio Ofici~al, Xu~ust 20, 1960) 1~. Resolution 45 of October 2. 1961, amends Section 12.4 of the Legu1at~ons Manual Oil licenses for flight attendants and pursers in domestic and international flights. (Diario Oficial, October 4, 1961) PAGENO="0469" CONGO ORDINANCE No. 62/321 OF OCTOBER 8, 1955 On Air Navigation, as amended by Ordinance No. 68/154 of April 16, 19~, applicable to RualIda and Buruncli by Ordinaiice 62/107 of August 2, 1956.1 ChAPTER I. CIRCULATION OF AIRCRAFT ABOVE THE TERRITORY OF THE COLONY SECTION 1. AIRCRAFT BASED IN THE COLONY Art. 1. Aircraft registered in the colony under Articles 6 and 7 below may fly freely over the territory of the colony and its territorial waters provided they comply with the conditions specified in this ordinance. SECTION 2. AIRCRAFI' NOT BASED IN THE COLONY Art. 2. Aircraft registered in Belgium which are not based in the colony, may fly over the territory of the colony and its territorial waters and land thereon provided they carry tile documents required by the Belgian laws. They must comply with the provisions of this ordinance other than those dealing with registration, airworthiness certificates, license.s of the personnel, and flight documents, which matters shall be governed by the Belgian law. The same shall apply to foreign aircraft registered in countries with whom Belgium has a treaty of reciprocity and which, in regard to said documents and matters, comply with the laws of the country of origin. Art. 3. Aircraft registered in a countr with whom Belgium has no treaty of reciprocity may fly over tile territory of tile colony or land thereon only after obtaining all authorization in conformity with paragraph 2 of Article 123 of this ordinance. SECTION 3. BORDER CROSSINGS AND AIR ROUTES Art. 4. The Governor General or his delegate may impose on air- craft coming from, or going abroad, the duty to cross the border at places determined by him. The points of border clearance shall be notified to air navigators by N.O.T.A.M.S. The Governor General or his delegate may impose on aircraft flying over the territory of the Belgian Congo or Ruanda-Fiumidi, the duty 1 Published In Bulletin Administratif du Congo BeIge, 1056. No. 26. June 30. 1056.- Applicable to the Kingdom of Burundi according to Airgram A-135, April 16, 1063, from the U.S. Legatlon at Usumbura. 459 PAGENO="0470" 460 AIR LAWS AXD TREATIES OF THE WORLD to follow the air routes a list of which shall be notified to air navigators by X.O.T.A.M.S. The Governor General or his delegate may impose on any aircraft flying between two airdromes linked by properly maintained level areas for landing. the duty to follow the route marked by said areas. The Governor General or his delegate may impose on any aircraft making a loca.l flight, the duty to remain within an area of 30 kin from the airdrome. CHAPTER II. REGISTRATION OF AIRCRAFT SECTION 1. REGISTRATION Art. ~. A register of aircraft is hereby established. Such register. designated "Aeronautical Register of the Colonv"~ shall he established at the seat of the Government General and shall be kept by the Aeronautical service. It shall contain, in numerical sequence, the identification of air- craft based in the colony. Art. 6. Only aircraft which are. based in the colony, may and must be registered in the aeronautical register of the colony. Registration in the aeronautical register and the issuance of certifi- cates and duplicates pro\-idecl for in Articles 14, 15, and 19 of this ordinance, shall give rise to payment of a fee the amount of which is specified in Annex 3, below.2 Art. 7. An aircraft. registered in Belgium which becomes based in the colony, must. be registered in the Congolese register which shall mention the registration in Belgium and the aircraft. shall retain its original registration marks. Art. 8. Any aircraft which must be registered in the Congolese reg- ister under Article 6. shall be subject to a declaration and application for registration at the Aeronautical Service of the Government General. Art. 9. The application for registration shall specify: a) the characteristics of the aircraft, the year of manufacture, serial number, number of engines and their rated power; b) the names and domicile of the manufacturer of the air- craft.; c'~ the operations or the service for which the aircraft is used as intended; d) the home p'~rt of the aircraft; e) when the owner is a natural person, his name, first name, nationality, profession, domicile and residence and, if applicable, his chosen domicile. When the owner is a corporation, the style, main office, the name, first names, nationality. domiciles and residence of the person empowered to sian on its behalf. The application shall he accompanied by: a) titles esta'~ ~hii~ owiit rshi1~ b) if applicable, proof of cancellation in a foreign register; c) proof. issued by the Service of Finance certifying that t.he customs regulations have been complied with. 2 Omitted here. PAGENO="0471" AIR LAWS AND TREATIES OF THE WORLD 461 Art. 10. The owners and co-owners of an aircraft shall be responsi- ble for the declaration and the application for registration. When the owner or co-owner is a corporation. the natural persons who have power to act for such corporation shall be responsible for the declaration and the application for registration. In the case of a partnership, each partner shall be responsible. Art. 11. Aircraft registered in the register of a foreign country may not be based in the colony except after prior cancellation of the for- eign registration. Art. 12. Registration abroad of an aircraft previously registered in the Congolese aeronautical register. shall have effect in the colony only when the registration in such register has been previously can- celled. Art. 13. Any fact calling for a change in the entries which the appli- cation and the documents required for registration must contain under Article ~]. must be notified within thirty days to the Aeronautical Service of the Government General. SECTION 2. THE CERTIFICATE OF RFJiISTRATTON Art 14. A registration certificate the form of which is determined by the Aeronautical Service, shall be issued to the owner of an aircraft properly registered in the aeronautical register. Art 15. In case of involuntary loss of the certificate, the issuance of a duplicate may be subject to guarantees considered necessary by the Aeronautical Service, of the Government General. Art 16. The certificate shall cease to be valid: 1) in case ownership in the aircraft is transferred: ~) in case there is a reason for cx officio cancellation of the reg- istration. When the certificate ceases to be valid, the owner of the aircraft. must return it immediately to the Aeronautical Service of the Govern- ment General. SECTION 3. CANCELLATION OF REGISTRATION Art. 17. A registration in the aeronautical register is cancelled ex officio: 1) when the aircraft is or must be deemed permanently out of service; The fact that it. is permanently out of service may be deter- mined by the Aeronautical Service of the Government General on the proposal of an aeronautical expert designated in accordance with Article 44 of this ordinance: 2) in case of destruction or loss of the aircraft: 3) when the aircraft ceases to comply with the conditions of regisl ration specified in Article f~ al)ove. Art 18. Notification of the cancellation shall be given to the owner of the aircraft by the Aeronautical Service of the Government General. Art 19. A certificate of cance]lation shall be issued to any person upon request. PAGENO="0472" 462 AIR LAWS AND TREATIES OF THE WORLD SECTION 4. MARKS OF NATIONALITY AND REGISTRATION Ait 20. Any aircraft registered in the aeronautical register shall bear: 1) the Belgian mark of nationality consisting of the two capital letters 00: ~) the Congolese mark of registration consisting of a group of three capital letters beginning with the letter C. The nationality mark shall precede. the registration mark and be separated from it by a hyphen. Aircraft. registered in Belgium and carried on the aeronautical register of the colony under Article 7 of this ordinance shall retain their original registration marks. Ait. ;?1. The placement, size, and type of letters of the nationality and registration marks shall comply with tile regulations contained in Annex 1 of this ordinance. ApI. 22. Only aircraft. belonging to the State shall be authorized to hear the national insignia or colors. Arf. 2~* Every aircraft. must bear in a. visible manner, at the bow or the fuselage near the main door, an identity plaque of fireproof material on which the owner and tile nationality and registration marks must be engraved. CIL\PTER III. AIRWORThINESS CERTIFICATES AND NAVIGATION PERMITS SECTION 1. GENERAL PROVISIONS Art. 24. In order to make. any flight, every aircraft must have an airworthiness certificate. A rt. 2.~. The Aeronautical Service of the Government General may grant. any aircraft. a temporary authorization called "navigation per- mit." (La.i~. e~-prn~.ser de `naviqation.). It determines the limitations and conditions of use of the aircraft.. Art. 2G. Airworthiness certificates granted abroad to aircraft of Belgian nationality or registered ill the Belgian Congo, shall not be valid in the colony. However, the Aeronautical Service of the Government General may authorize aircraft to make one or several flights by virt.u.e of the air- worthiness certificate of origin. Airworthiness certificates granted in Belgium shall be valid in the colony for the term specified therein. However, they must be vali- dated by an aeronaut lcai expert appointed in accordance with Article 44 of this ordinance after the aircraft becomes based in the colony. A rt. 27. The airworthiness certificate or navigation permit shall be part of the documents which all aircraft. must have aboard when flying over the territory or the territorial waters of the colony. Art. 2~. The airworthiness certificate or navigation permit must be presented whenever requested by the qualified authorities. Aeronautical experts shall, at all times, have access to aircraft in the. presence of the owner, the operator, or the flight commander. No restrict ion may be imposed ~n their right of control. SECTTON 2. I5SF~~NCE OF AIRWORThINESS CERTIFICATES Art. 29. Airworthiness certificates shall be issued by the Aero- nautical Service of the Government General at the place where it is PAGENO="0473" AIR LAWS AXD TREATIES OF THE WORLD 463 located and on the. report of one or more experts chosen from aero- nautical experts appointed by the Government GeneraL Art. 30. The Aeronautical Service of the Government General shall (letermine the form of the airworthiness certificate issued in accordance with this ordinance. Art. 31. Navigation permits issued under Article ~ shall be m the form determined by the Aeronautical Service of the Government General. Art. 32. When an airworthiness certificate is lost, the issuance of a new copy may be stibject to a new inspection. Art. 33. The owner of an aircraft for which an airworthiness cer- tificate has been denied, may not request a new inspection of the air- craft until fifteen days have elapsed from the time when he was notified of the preceding inspection. SECTION 3. EXPERTS' INSPECTION Art. 34. At the request of the owner of an aircraft, one or more experts c.hosen from the experts appointed by the Government Gen- eral shall inspect the aircraft from the point of view of airworthiness. Art. 3~5. The inspection shall cover points which the expert or ex- perts consider useful for a demonstration of the airworthiness of the aircraft. Art. 36. The experts may demand all documents and information useful in forming their opinion. Art. 37. The experts may subject an aircraft to any flight, naviga- tion, or landing tests which they consider useful in demonstrating the airworthiness and safety of the aircraft up to the limits of capacity as rated by the manufacturer. Art. 38. The inspection reports shall be made in the form prescribed by the Aeronautical Service of the Government General. Such reports shall be preserved in the archives of the Aeronautical Service. SECTION 4. MAINTENANCE OF AIRWORThINESS Art. 39. Airworthiness certificates must. be submitted for revalida- tion at least onc.e every six months. However, the Aeronautical Service of the. Government General may extend the duration of validity of certificates for a further maximum period of three months. Art. 40. Revalidation shall consist in an inspection of the aircraft by one or more aeronautical experts who shall sign the airworthiness certificate if they find that. the aircraft is still airworthy. Revalidation shall be effective for a period of six months from the date of inspection. If the experts find that the aircraft is no longer airworthy, they shall withdraw the airworthiness certificate. Art. 41. The inspection report. shall be sent by the experts to the Aeronautical Service of the Government General for recordation in the file of the aircraft. and for preservation in the archives. Art. 42. During the period between two revalidiitions of the air- worthiness certificate, airworthiness and safety of the aircraft must be maintained by proper maintenance. PAGENO="0474" 464 AIR LAWS AND TREATIES OF THE WORLD Aircraft shall at all times be subject to the control of the aeronau- tical experts; the latter shall withdraw the airworthiness certificate when they find that the aircraft is not in sufficiently good condition. Article 43. Serious damage, repairs, or major modifications shall automatically suspend the. airworthiness certificate.. In such case, the ~eronautical service of the Government General must be noti- tied either by telegram or by registered letter, and the nature of repairs or modifications to he macic must be accurately specified. The Aeronautical Service may require that, prior to returning the aircraft. to service, its airworthiness be again checked. SECTION 5. SELECTION OF EXPERTS Article 44. Experts are appointed by the Government. General on the proposal of the Aeronautical Service of the Government General. They shall be selected from specialists competent in aviation. SECTION 6. COSTS OF INSPECTION AND ISSETANCE OF CERTIFICATES AND DOCUMENTS Ai'tic7e 45. Inspection with a view to issuance, validation, and revaliclation of airworthiness certificates, extension of the period of validity of airworthiness certificates, issuance of a navigation permit, a flight log, engine, or fuselage book, shall give rise, to payment of a fee the. amount of which is determined in Annex 3 below.3 CHAPTER IV. LICENSES OF THE FLIGHT PERSONNEL SECTION 1. LICENSES OF MEMBERS OF TILE FLIGHT CREW Article 46. No one may be a member of a flight, crew unless he holds the license corresponding to his functions. Article 47. Licenses of the. members of a flight, crew are t.he follow- in g: 1. Training license (student pilot) 2. Private airplane pilot license; 3. Professional airplane pilot licenses; 4. First class professional airplane pilot license; 5. Airline pilot license; 6. Private helicopter pilot license; 7. Professional helicopter pilot license; 8. Helicopter airline pilot license; 9. Glider pilot license; 10. Free balloon pilot license; 11. Flight navigator license; 12. Flight mechanic license; 13. Flight radio navigator license; 14. Flight radio telephone operator license. SECTION 2. LICENSES OF PERSONNEL OTHER THAN MEMBERS OF THE FLIGHT CREW (Flight controller and maintenance mechanic) Artkle 48. No one may be a. flight, controller unless he holds the license corresponding to his functions. Omitted here. PAGENO="0475" ~JR LAWS AXD TREATIES OF THE WORLD 465 1-lowever. the Governor General or his delegate may entrust the duties of flight, controller to agents of the administration who do not 1101(1 the license but who fulfill the conditions of age, knowledge and experience desirable for such duties. :1 iticle 49. (Subject to the provisions of ~iticle 140 of Annex 2 to tins ordinaiiee as it results from ordinance No. 62/274 of September 1, 1957, no one may certify as fiightworthv, any aircraft used in scheduled or non-scheduled air services unless he holds a license of aircraft maintenance mechanic first or second class issued in con- forinity with the provisions of annex 2 to this ordinance.) Art. ~iO. (No one may certify as fiight.worthv any aircraft used in an operation other than scheduled or non-scheduled air service unless he has obtained authorization from tile Governor General or his delegate. Such authorization shall be issued in tile form of a limited license of aircraft. maintenance, mechanic issued in conformity with Article 140 of annex 2 to this ordinance or a certification stating the qualifica- tion of the holder of tile license to perform regular inspections as pro- vided for by the manufacturer.) Art. ôl. (T lie Governor General or his delegate may approve spe- cialized organizations for modificat ion, maintenance a.nd repair of flight, equipment and it shall not be necessary for the employees of such organizations to hold licenses as aircraft maintenance, mechanics. Operators may be approved as specialized organizations. Such organizations may he authorized to exercise the privileges specified for holders of t.he lice.nse of maintenance mechanic first or sec.ond class. However, tile Governor General or his delegate may require that the technicians or supervisors permitted to issue. a maintenance ticket aft.er a repair over overhaul, hold the license, of a.ircra ft maintenance mechanic corresponding to their duties. Approval shall be subject to an annual fee specified in Annex 3 below.) SECTION 3. GENERAL PROVISIONS FOR ALL LICENSES Art. ,5?. The regulations reiat.in~ to licenses of personnel contained in annex 2 to this Ordinance, shall determine, tile specific qualifications for tile licenses enumerated ill Articles 46 to 50 above and shall state: 1. The requirements of age, physical and mental health; 2. Know-ledge, experience and qualifications required in order to obtain the licenses and permits: 3. Privileges attached to a license and condit.ions for the exer- c.ise of such privileges. Art. 53. Theoretical and practical examinations to obtain one of the licenses provided for in 2) to 12) of Article 47. and in Articles 48 and 50 above. shall take place at. the. seat. of the Government General at Le.opoldvihle. However, examinations to oi)tain a license of private pilot or of air- craft. majntenance mechanic. second class, or a. limited license of air- craft, maintenance mechanic may be taken at such places as may be determined by the delegate of the Governor General. Omitted here. PAGENO="0476" 466 AIR LAWS AND TREATIES OF THE WORLD Candidate.s for one of the licenses provided for above may be exempt from all or part of the examinations held by the Aeronautical Service of 1LF. to obtain licenses and qualifications when they have satis- factorilv takeii and completed an approved instruction course or when they hold a license issued by a member State of the International Civil Aviation Organization. Examination fees and fees for issuance of licenses or for medical examinations for the purpose of determining the physical and mental health of the candidates for the obtaining or renewal of licenses shall be specified in annex 3 below. Ait. 54. Licenses are issued by the Governor General or his delegate. A if. 55. The Governor General or his delegate may refuse or with- draw the license of a Belgian national 1) When lie is habitually addicted to drink or narcotics: 2) *\Vhen he has been sentenced to any punishment for violating the internal or external security of the State; 3) When he has been sentenced twice for violations of the regu- lations on air navigation. However, issuance of a license may not be refused when five years have passed since the second sentence without any further sentence: 4) When he has been stricken from the roster of the flight per- sonnel of the Air Force for a breach of discipline in regard fo air safety. However, the issuance of a license may not be refused when five years have passed since the date he was stricken. The Governor General or his delegate may a.t any time refuse or withdraw the license of a foreigner. Ai't. 56. The Governor General or his delegate may subject the holder of a. license to a medical examination or to a test of his know]- edge or aptitude in order to determine whether the. person concerned retains the physical or mental health, and the knowledge and aptitude required to obtain a license or permit. The call to an examination or test, which are gratuitous, must be supported by a report. Ait. 57. 1. The Governor General or his delegate may suspend a license or restrict the extent thereof: 1) until the date of the final result of the examination or test provided for in Article 56: however, the period of suspension or restriction of a. license may not exceed ninety days, except when the person concerned does not appear for the examination or tests for which he has been called: 2) during the time a criminal action is pending which may lead to a sentence specified in 2) and 3) of Article. 55. 2. The Governor General or his delegate may withdraw a license or restrict the extent thereof: 1) in case of physical or mental disability, lack of aptitude or of knowledge as stated in consequence of the. examination or tests provided for in Article 55; 2) in case of negligence or imprudence in the exercise of duties under the license 3) in case of violation of the air laws. PAGENO="0477" AIR LAWS AND TREATIES OF THE WORLD 467 Art. ~8. Except when validatech licenses issued abroad do not en- able the holder to l)e a member of the flight ciew of an aircraft regis- tered in the Congolese 1-egister or to fulfill, in the colony, any of the duties specified in Articles 48, 49. and 50. Licenses issued ai)road are validated by the Governor General or his delegate. lie may terminate the validation of such licenses at any time. Art. 39. The validation provided for in Article 58 shall be made in form of an authorization which is joined to the license and which confers upon the latter the same value as a license, issued by the colony. Tue validity of such authorization shall in no case exceed the time of the medical clearance stated in the license itself. Art. CO. Licenses issued in Belgium are valid in the colony under the conditions specified in Articles 58 and 59 above. ChAPTER V. DOCUMENTS Art. Cl. No aircraft is admitted to flight unless it is registered and carries aboard: 1) The registration certificate: ~) The airworthiness certificate. or navigation permit; 3) The licenses of the members of the flight crew; 4) The flight log (board book): 5) The license for the radio station if so equipped; G) A general cargo manifest: 7) A list of names of the passengers carried, indicating the points of their departure and destination: 8) A cargo manifest with detailed statements if goods are carried. However, aircraft registered in a member State of the International Civil Aviation Organization may be exempted from presenting the flight log, in conformity with their national regulations. Art. C?. The operator of any aircraft registered in the Belgian Congo shall keep up to date, in conformity with the instructions of the Aeronautical Service of t.he Government General: A flight log (board book) A fuselage log An engine log for each engine on the aircraft.. Art. 63. The flight logs, fuselage and engine logs must be preserved for two years following the last entry. They shall be kept without~ blank spaces or erasures. The leaves shall be imumbe.red and initialed. Entries shall be made in ink or indelible pencil. CHAPTER VI. CIvIL AIRDROMES Art. 64. Establishment and operation of any airdrome shall be sub- ject to authorization from the Governor General or his delegate. Authorization for establishment shall specify the. standards of con- struction and equipment of the airdrome. Authorization for operation shall specify the technical condit ions of use of this airdrome. Art. 65. No modification may be. made in an airdrome. without prior authorization from the Governor General or his delegate. At that time, the technical conditions of use may be modified. PAGENO="0478" 468 AIR LAWS AND TREATIES OF THE WORLD A1t. 66. Airdromes are divided into two categories: 1) Public airdromes established by the colony, an organization, or a private person, on which all aircraft may land; 2) Private airdromes established by an organization or a pri- vate person for personal use. Art. 67. Unless exempted by the Governor General or his delegate, there must be kept omi each public airdrome a register numbered and initialed by the Aeronautical Service of the Government General which contains, in order of date and without. blank spaces or erasures, the time of departure or landing of all aircraft., the place from which they come and where they are going and their nationality and registra- tion marks. This provision shall be applicable to round-trip flights. Art. 68. Except in the case of force nuijeere or when there is author- ization from the Governor General or his delegate, aircraft. coming from abroad or going there, must land on a customs airdrome or depart from a customs a.irc1rorne~. They may not make intermediate landings either coming or going between the customs airdrome and the border. Except in the case of force nvtjeure, aircraft which is not officially based on a private airdrome may not land thereon without. prior consent. of the owner of such airdrome. Except in the case of force majeure or when there is authorization from the. Governor General or his delegates, the take-off or landing of an aircraft may not take place outside an airdrome. Art. 69. Customs airdromes shall be designated by the Governor General. On all customs airdromes offices must be reserved without charge for the use of the Customs. Art. 70. Taxes and fees imposed at public airdromes of the colony for operation of air navigation shall be specified in annex 3 below. CHAPTER VII. Rui~s FOR TAKE-OFF AND LANDING Art. 71. The commander of any aircraft must make the declara- tions necessary to keep up the airdrome register provided for in Arti- cle GT, when he lands or takes off. Art. 7~. Any commander of an airc.raft who, because of force vu//cure, must. land outside an airdrome, shall immediately advise the colonial authorities or, if there are none, any officer of the ju.di- eiarv police of general jurisdiction in order to make a report. of the landing amid, if applicable, the damage done. He may take off only a.fte,r receiving authorization from the Aeronautical Service of the Government. General. Art. 73~ When, because of force majeure, which must be justified, an aircraft coming from abroad or going there must land outside a customs airdrome, the commander of the aircraft. must comply with the instructions given him by the authorities. Art. 74. Aircraft which do not land in the colony, are not subject to any customs formality. They must simply follow the route that may 15' 1551 ¶ned to them. i it. 7;7. Aircraft. which stay only temporarily in the colony, may be admitted on a temporary entry permit subject to conditions deter- niined by the Governor General. PAGENO="0479" AIR LAWS AND TREATIES OF THE WORLD 469 Aircraft registered in the Belgian Congo which make flights abroad may be reimported without entry fees under conditions determined by the Governor General. C1IAPrER VIII. FLIGHT Rui~rs SECTION 1. AIRSPACE Art. 7C. The airspace above the territory of the colony includes: 1) Controlled airspace, including control regions and areas as defined and delineated in Annexes 2 and 4 to this ordinance. 2) Uncontrolled airspace. SECTION 2. MINIMLM SAVE ALTITUDE Art. 77. Except for purposes of take-off or landing or when there is authorization from the Governor General or his delegate, it shall be prohibited to fly an aircraft: 1) over towns or villages or opeii air meeting at. an altitude which does not. permit, in an emergency, to land without danger to persons and property on the ground. Such altitude shall never be less than 300 metres above the highest obstacle located within a radius of 600 metres around the aircraft; 2) elsewhere, at. an a.ltitude of less than 150 metres above the ground or water. SECTION 3. CONTRIVANCES CAPABLE OF INTERFERING WITH FLIGHT OF AIRCRAFT ~ 78. There shall be subject to authorization from the Governor General or his delegate: 1) The rise of free or captive balloons; 2) The flight of contrivances capable of endangering an air- craft. in flight, such as uncontrolled and teleguided contrivances. The authorization shall specify the conditions for such rise or flight. SECTION 4. PREVENTION OF COLLISIONS AND PRIORITY TO PASS Art. 79. It shall be prohibited to fly an aircraft at such distance from another aircraft that there is danger of a collision. Formation flights are permitted only under conditions specified for the intended flight and subject. to a prior understanding by the flight commanders. Art. 80. Practice and test flights under simulated instrument flight conditions may take place only when: 1) t.he aircraft is equipped with dual controls in perfect work- ln$ order; 2) a safety pilot handles the second controls so that he may intervene as auxiliary pilot; 3) when such pilot does not h'ive a satisfactory forward field of vision and to each side of the aircraft, an observer in communi- cation with him shall sit where he has a complete field of vision. ~ Omitted here. PAGENO="0480" 47() AIR LAWS AND TREATIES OF THE WORLD [it. 8f. When two ii i~ciaft approach each other head on or nearlv head on a~id there is dain~er of collision, each aircraft must devite to the i*hil~t. ~! if. 89. 1. When two aircraft fly at approximately the same altitude and converging courses, the one which has the other on its right shall aave the ratilt of wa. I Iowevei. there shall give the right of way: 1) Power driven aircraft to dirigibles, gliders, and ballons; Dirigibles to gliders and balloomis; Gliders to baiioons 4) Power driven aircraft. to aircraft towing other aircraft. Art. 8.. \Vhen one aircraft passes another, the latter shall have the ii~ht of way. and tlle passing aircraft, whether it is climbing, in level flight, or descending. shall avoid the flight path of the other aircraft i~v deviatiu~ to the ri~ht. ~o later change in the relative positions of the two aircraft. shall exemfll)t the passing aircraft from such duty until it has completely passeu and left the other aircraft behind. A passing aircraft is an aircraft. which approaches another aircraft from behind at an angle of less than TO degrees in relation to the axis of the latter. Ait. 84. Any aircraft in flight or maneuvering on the ground or on water shall give the ri~ht of way to aircraft which are landing or on final approach. Avt. 8.5. When two or more aircraft approach an airdrome in order to land. tl~e aircraft at the higher altitude shall give the right of way to the one whose altitude is lower. hut the latter may not use this rule to get~ ahead of another aircraft making a final approach, or to pass it. I-Iowevcr, powerdriven aircraft shall give the right of way to gliders. Ait. 86. Any aircraft~ which has to make an emergency landing shall have the ri~ht of way. A it. 87. An aircraft which has the right of way, shall keep its course and speed. An aircraft which gives the right, of way to another air- craft. shall not fly above or below the aircraft which has priority or fl:i across its course except at a safe distance. Ai't. 88. It shall be plohibitedi to take off when there is danger of collision. Ait. 89. Acrobatic or aerial towing flights may be made only in conformity with tile rules issued by time Governor General or his dele- ~ate. Ait. .90. Between sundown and sunrise, or at the hours and during periods specified by tl~e Governor General or his delegate, aircraft in flight or taxiing on the runway of an airdrome, or parked on, or near a runway of an airdrome used or usable for night flights, shall show the lights 1)resdlibecl in Annex ~ to this ordinance. However, parked aircraft mentionedi in the preceding paragraph, shall be exempt from showing lights when they are brightly illumi- miated or when the area where they are is marked by obstacle beacons. Aircraft may not show any other 1ight~ which may be confused with the lights prescribed in annex 5. 4 )m~tted here. PAGENO="0481" AIR LAWS AND TREATIES OF THE WORLD 471 A~rt. 91. Any aircraft moving on an airdrome, or above an airdrome or within the limits thereof. must: 1) watch traffic on the airdrome iii order to avoid collisions: ~) participate in the traffic pattern of the other aircraft in flight, or keep away from them; 3) without instructions to the contrary, make all turns to the left, when it. makes an approach or after take-off; 4) land and take off into the wind, insofar as possible, except when safety or the necessities of traffic impose a different direc- tion. SECTION 5. MANEUVERS ON WATER A it. 92. When two aircraft or an aircraft and another vessel ap- proach each other and there is danger of collision, the aircraft shall move with caution, in view of the. circumstances and particularly the maneuverability of the aircraft and the vessel. Art. 93. An aircraft. which has an aircraft or another vessel on its right, shall give the right of way to it and keel) a distance. Art. 94. An aircraft. which aproaches head on. or nearly head on, an aircraft or another vessel, shall change course to the right and keep at a distance. Art. 9:~. rfhe aircraft. or vessel which has been passed, has the right of way. Th~ passing aircraft shall change course to the right and keep at a distance. Art. 96. An aircraft landing on, or taking off from a water sur- face shall, as much as possible, keep at. a. distance. from all vessels and shall avoid interference with their navigation. Art. 97. Between sundown and sunrise, or at. the. hours or during t1i~ periods specified by the Governor General or his delegate, all air- craft afloat must show the lights prescribed in Section 2 of anne.x ~ of this ordinance, except when they are in an area under a special exemption. They may not show any other light which may be confused with one of the lights prescribed in annex ~S. Art. 98. In the areas where the Convention on International Rules for the Prevention of Collisions at Se.a. are in force, aircraft maneuver- in~ on water shall comply with Articles 92 and 97 above, and with other applicable provisions of the convention. SECTION 6. PREPARATION FOR FLIGhT. FLIGhT PLAN AND FLTGHT NOTICE Art. 99. No flight. may be. undertaken without preparation, taking into consideration all useful information and particularly the most recent. weather information and predictions and information con- cerning facilities and aids to air navigation. Art. 100. With the. exception of local flights, no flight may be un- dertaken unless a flight plan or flight notice has been submitted to the airport or ai rclrorne commander. A local flight, shall be deemed a flight in the surroundings of the airport.. Art. 101. Submittal of a flight, plan ~s compulsory at airdromes with 11 i~ht control. a -7:~T---fi~.---.vo1. 1-31 PAGENO="0482" 472 AIR LAWS AND TREATIES OF THE WORLD rfhe flight plan must be approved by the traffic controller; it. shall be. established in conformity with the instructions published by the Aeronautical Service of the Government General by notices to air navigator.~. Jit. 102. Submittal of a flight notice is compulsory at airdromes other than those specified in Article 101. The flight, notice shall be submitted to the airdrome commander; it shall be~ established in conformity with the. instructions published by the Aeronautics Service of the Governnient General by notices to air navigators. I it. 101. Any (110 nge. in a flight plan or flight notice must be broiiuhit. as soon (iS poss~hle. to the attention of the traffic control serv- ice oi the tirdionie. commander, as the case may be. ~I it. 1o4. At the end of a fihrlit for which a flight, plan or flight not un ha- been siihnmitted. the flitrht. commander of the aircraft must advi~e the traffic control service ~or the airdrome commander of his arrival. SECTION 7. SIUNALS AND TELECOMMUNICATIONS J'-t. 105. Only the signals specifleci in Annex 0 2 to this ordinance may be used. Amiv aircraft commander who notices any of these signals shall corn- ply immediately. - I it. 101. The Governor General or his delegate shall determine the telecommunications, codes, abbreviations, and conventional signs and expressions used. SECTION S. TRAFFIC CONTROL Ait. lilt. Any aircraft. commander shall strictly comply with the rules and instructions of the traffic. control service. Jit. 108. In a control zone, any aircraft commander: -shall establish and maintain uninterrupted radio communi- cations with tile traffic control service or, if it is impossible, watch for visual signals -shall request. unless exempted. by radio or visual signal, au- thorization from the traffic control service to make any maneuver before and during taxiing, landing or take-off. SECTION 9. vISUAL FLIGHT Jit. 109. 1. An aircraft shall be under visual flight rules in the controlled airspace Wheii it is distant from any cloud formation at a minimum of 0u0 metres horizontally and 150 metres vertically, and visibility is not less than 5 km. lion-ever for certain control zones, the Aeronautical Service of the Government. General ma establish visual flight rules different from those specified above. Such rules shall be notified by aeronautical information bulletins. ~. An aircraft shall be under visual flight rules in uncontrolled airspace a) when, while flying at an altitude of less than 200 metres above time ground. it is outside the clouds and flight visibility is not less than 5 km. 2 Ibid. PAGENO="0483" AIR LAWS AXD TREATIES OF THE WORLD 473 For motor aircraft, the conditions of visibility shall be specified by the Aeronautical Service of the Govermnent General and shall be notified by aeronautical information bulletins. 1)) at more than 200 metres above the ground, and at a. distance of at least 000 metres horizontally and at least 750 metres ver- tically, when flight visibility is not less than 5 km. A it. 110. Any aircraft. commander who flies under visual flight rules shall take all measures to keep his aircraft. in the condition specified in Article 109. Art 111. In a control zone, the traffic control service may authorize flights under conditions less favorable than those specified in Article 109, paragraph 1, letter b), and such flights shall not be subject to the provisions of Section 10 of this chapter, concerning instrument flights. Art. 112. Without. the aiithoriza~ion of the traffic control service provided for in Article 111. any aircraft commander who cannot keep his a ircra ft. under vhual fluitht rules, shall refrain from making the flight, intelriil)t it, or comply with the p1~ovisions of Section 10 of this chapter cot~ceiiuti~ instrunietit. fi~ght. Art. 11.1. `\Vitiiout special aut liorization from the Governor Gen- eral or his delegate, no flight. under visual flight rules may be made be- tween sundown and sunrise. SECi~1OX 10. iNSTIl [EXT FLT(;rj'r Art. 114. An aircraft, shall be 111111cr instrument flight rules when weather conditions are less than tile minima required by Article 109 for visual flight. Inst riunen~ flhfiits may be niade. only when: a) the aircraft, pilot holds a certideation for instrument flight; b) the aircraft has all inst.rument.s needed to fly without visi- bilitv and all equipmeiit for radio navigation appropriate to the route to be followed. Art. ho. Except for take-off and landing when there is authoriza- tion from the traffic control service, instrument flights may not. be made at an altitude of less than 450 metres above tile highest obstacle located within a radius of 8 km. from the estimated position of tile aircraft.. Art. 116. Except. when climbing or descending, an aircraft making an instrument fligiit outside controlled airspace shall fly at one of the quadrant cruising altitudes corresponding to its magnetic course and indicated in Annex 7 to this ordinance.2 Art. 117. An aircraft making an instrument flight in controlled air- space shall comply with tile flight plan approved by the traffic control service. The flight plan may not he changed except. iii case of force rn~'je'iire necessi tat imig imnle(li ate act ion. In such c.ase, the. aircraft commander shall advise the traffic control service as soon as possible and request a new authorization from that service. Art. 118. Any aircraft commander who makes an instrument flight in controlled airspace. must: 1) provide for constant. monitoring on the appropriate radio frequency and must he able to establish two way communication with the traffic control service; 2 Ibid PAGENO="0484" 474 AIR LAWS AND TREATIES OF THE WORLD 2) transmit to the traffic control service an account of his posi- tion at specified times or when passing the points designated by that service; 3) advise the traffic control service when he leaves controlled airspace; 4) inform the traffic control service when he decides to pass from instrument flight rules to visual flight rules. Art. 119. If a failure of the radio equipment. prevents the aircraft commander from complying with Article 118 and if weather conditions impose instrument flight, he must: 1) continue the flight in accordance with the flight plan, remain at the last assigned and acknowledged cruising altitude for the part of the route for which he has received authorization and, thereafter, at the cruising altitude indicated in the flight plan; 2) pursue the flight, so as t.o arrive at the airdrome of landing at a time as close, as possible to the estimated arrival time; 3) begin the descent at a time as close as possible to the. most recent estimated approach time which he has acknowledged; if he has not received any communication of estimated approach time, or if he has not. acknowledged it, he shall begin the descent at a time as close as possible to the arrival time specified in the flight plan. CHAPTER IX. UNITS OF MEASrREMENT USED IN CIVIL AVIATION Art. 1~. In air-ground communications, the units of measurement shall conform to those of the table of units adopted by the International Civil Aviation Organization. This table is reproduced in Annex 8 to this ordinance. Art. 121. If an aircraft is temporarily unable to use the table pro- vided for in Article 120, it may use the units of measurement in the blue table approved by the International Civil Aviation Organization, and the aviation station with which such aircraft communicates, shall transmit the measurements in the units provided for in the blue table. This table is reproduced in Annex 8 to this ordinance. CHAPTER X. A1TTHORIZATIONS To MAKE OVEmn'LIGIITs AND TECHNICAL STOPS FOR COMMERCIAL CARRIERS AND ENTERPRISES OF AERIAL WORK SECTION 1. GENERAL PROVISIONS Art. 122. Issuance of authorizations to aircraft to fly over the ter- ritory of the colony shall be governed by the provisions of the Con- vention on International Civil Aviation signed at Chicago on December 7, 1944, and ratified by the Law of April 30, 1947, subject to the provi- sions below. SECTION 2. FLIGHT OVER THE TERRITORY AND TECHNICAL STOPS Art. 123. Overflight and technical stops of aircraft registered in a member State of the International Civil Aviation Organization shall be free, provided prior notice is given to the Aeronautical Service of the Government General. Omitted here. PAGENO="0485" AIR LAWS AND TREATIES OF THE WORLD 475 Overflight and technical stops of aircraft registered in a non-member State of the International Civil Aviation Organization shall be subject to a request made through diplomatic channels. SECTION 3. AIR TRANSPORT Art. 124. There shall be subject to an operating license issued by the Governor General: a) Operation of a scheduled or non-scheduled air service within the territory of the colony; b) Operation of a non-scheduled international air service by aircraft registered in a member State of the International Civil Aviation Organization. Issuance or renewal of an operating license shall give rise to pay- ment of a fee, the amount of which shall be specified in annex 3 below. Art. 125. Any application for authorization to operate an air service provided for in the preceding article, must include, in addition to other information: a) the name, first name, nationality and domicile of the operator; b) Main office of the enterprise; c) Routes to be flown; d) Frequency of service; e) Monthly number of flight hours; f) Type, of aircraft. used: g) Number of aircraft used; h) Number and qualifications of flight personnel of the air- craft; i) Number and qualifications of the maintenance mechanics provided for; j) Periodic overhauls specified by the manufacturer: k) Number of man-hours necessary to perform the overhauls under operating conditions; 1) Nature and amount of maintenance equipment provided for; m) Nature and amouiit of control equipment provided for; n) Layout of installations on the ground, and particularly ShOps and stores. Art. 126. There shall be subject to a request made through diplo- matic channels: The operation of a scheduled international air service; The operation of a non-scheduled international airservice for aircraft registered in a non-member State of the International Civil Aviation Organization. Art. 126 bis Issuance and renewal of a license to operate a non- scheduled international air service by aircraft registered in a non- member State of the International Civil Aviation Organization shall give rise, to payment of a fee the amount. of which shall be specified in Annex ~ below. SECTION 4. AERIAL WORK Art. 127. 1. There shall be subject to a license issued by the Gover- nor General or his delegate: a.) Operation of an enterprise for aerial work; PAGENO="0486" 476 AIR LAWS A~D TREATIES OF THE WORLD b) Operation of a pilot schoci. Issuance or renewal of a. license, to operate an enterprise for aerial work shall give rise to payment of a fee, the amount of which shall be specified in Annex 3 below. 2. There shall be subject to authorization from the Governor General: a) Any occasional aerial work made by means of an aircraft winch does not belong to, or is not chartered by an enterprise coy- erecT by an operating license: b) The organization of air meet in~s or rallies: c) The organization of any show involving maneuvers of air- cra ft.. Ait. 1?~. 1. Any applicatian for authorization to operate an enter- prise for aerial work Provided in the preceding article shall include, the information required in Article. 125. 2. Any application for authorization for occasional aerial work, for the organization of air meetings or rallies or shows involving maneuvers of aircraft, shall include, in addition to other information: a) Name, first name, nationality and domicile of the. person for whom the aerial work is performed b'~ Nature of the aerial work: publicity or advertising, aerial photography. public, shows. meetings. rallies, air baptisms, etc.; c) Types of aircraft used; d~ Number of aircraft used; e Name, first name, domicile, nationality and qualifications of ftc flight personnel f) Safety measures including insurance for risk inherent. in the planned aerial work. A ;`t. 129. Applications for authorizations for a pilot school shall include, in addition to the information required in Article 125, letters a), b). e). f). g). h), i), j). k). I), m). ii), all details concerning the program covering theoretical and practical subjects covered, the num- ber of flight hours devoted thereto, and the flhlmi)er and qualifications of the ~eacliing staff. Art. 1-SO. Non-observance of the conditions which may be imposed in application of the ~)receding prOVisions, may cause withdrawal of the authorizations independent from the penalties pIo\idlecl for in Chapter XVIII of this ordinance. CHAPTER XI. TEchNIcAL OPERATION OF AIRCRAFT Art. 131. The operator must comply with all technical requirements imposed on him by the Aeronautical Service in regard to operation of aircraft, and in particular in regard to a) Execution of flights; b) Restrictions on use of aircraft; c.) Flight equipment and instruments; d) Flight radio equipment; e) Maintenance of aircraft; f) Flight crews: g) Manuals, flight logs, and condition of safety and emergency equipment carried abroad; h) Performance. PAGENO="0487" AIR LAWS AND TREATIES OF THE WORLD 477 Art. 132. The, aeronautical experts appomted in conformity with Article 44, Section 5, Chapter III, of this ordinance shaH supervise the application of the measures provided for in Article 131. Art. 133. The operator of an aircraft must submit a report on each event related to the measures provided for in Article 131 and transmit it as soon as possible to the Aeronautical Service of the Government General. CHAPTER XII. TRANSPORTATION OF DANGEROUS ARTICLES Art. 134. Without authorization from the Governor General or his delegate there may be no transportation by aircraft of inflammable substances, powder, explosives, munitions, pyrotechnical materials, products of unstable chemical composition, corrosive products, or in- flammable film not enclosed in a metal container. CHAPTER XIII. AIR POLICE Art. 135. `When invited to do so by signals given either from the ground or the air by the officials empowered to do so. every aircraft must land at the nearest airdrome. It must remain there with its full load, at the disposal of the competent authorities. Art. 136. Aircraft in charge of air police and supervision shall bear the marks specified by the Governor General or his delegate. CHAPTER XIV. FUNCTION OF THE AIRPORT COMMANDER AND THE CHIEF OF THE AIRDROME Art. 137. On each airdrome there shall be an airdrome command. Art. 1.38. The airdrome command shall be exercised: a) by the officials of the staff of airport commanders specially ap- pointed therefor by the Aeronautical Service of the Governor General. Such officials shall bear the. title of airport commander. b) in the absence. of any appointment in conformity with the preceding paragraph. the airport command shall l)e exercised by officials specially appointed therefor by the Governor of the prov- ince or his delegates. In the exercise of such function, the officials shall bear the title of chief of airdrome. Art. 139. Airport commanders and airdrome. chiefs shall be officers of the judicial police with general jurisdiction. Art. 1.~O. The airport. commander or airdrome chief shall he in charge of application of the. rules of air navigation and the airdrome police. In particular, he shall supervise landing, maneuvering. take-off, parking and hangaring of aircraft in hangars belonging to the colony. He shall take any urgent measure necessary to ensure safety of air navigation. The airport. commander or airdrome. chief shall, at all times, have access to any aircraft and may. at. any time, request. presentation of the documents specified in Articles 61 and 62. PAGENO="0488" 478 AIR LAWS ~D TREATIES OF THE WORLD CHAPTER XV. AIRDROME POLICE SECTION 1. ACCESS TO AIRDROMES BY THE PUBLIC Art. 141. Except with special authorization from the Governor General or his delegate, access to public airdromes of the colony is pro- hibited, particularly in the following areas: a) On a strip `~5 metres on both sides from the middle of the landing runways, and extending 60 metres beyond each limit thereof; b) on the taxi runways; c) in the parking areas for aircraft.; d) in t.he signal area; e) in the embarcation area., except for passengers during the time needed for embarcation or debarcat.ion; f) in the installation of airdromes not intended for the public, particularly, hangars. shops, st.ores, garages, gasoline and oil stor- age spaces, control buildings, head offices, transformer shacks, etc. g) any other area specified by the airport commander or air- drome chief. Art. 142. The prohibition of Article 141 shall not apply: 1) to personnel whose dut.y requires their presence in the pro- hibited areas; 2) to personnel of the Customs and Internal Revenue, and health and quarantine officials. They shall have access t.o any airdrome in order to perform their supervisory duty; they may inspect any aircraft and its load and request presentation of the flight log and any document relating to the cargo; 3) to officials of the police (Svreté). The personnel and the officials specified above may never endanger flight safety. SECTION 2. DANGER OF FIRE Art. 143. It is prohibited to smoke or, more generally, to make a fire or carry a lighted article on public airdromes of the colony, in the following areas: In hangars, In all installations where inflammable liquids are stored or handled, At. least. 20 met.re.s from any fixed or mobile installation serving t.he refueling of aircraft, In parking and embarcation areas. At least. 20 metres from any aircraft., In all other places specified by the airport commander or air- drome chief. SECTION 3. STRAYING OF ANIMALS ON AIRDROMES Art. 144. It is prohibited on the whole area of public airdromes to let stray any cattle, draught animals. domestic animals, or domesticated wild animals not deemed dangerous or harmful. Art. 145. Any animal whose straying falls under the application of Article 144. will be captured on the order of t.he airport commander PAGENO="0489" AIR LAWS AND TREATIES OF THE WORLD 479 or airdrome chief and put at the disposal of the local authority to be put in the pound. However, an animal whose capture is difficult or dangerous, or whose presence on the airdrome constitutes an immediate danger, may be killed. No indenmity may be claimed from the Administration for the death of such animals. CHAPTER XVI. RIsK INSURANCE Art. 146. Any operator of an aircraft flying above the territory of the colony must be insured against liability for all damages which may be caused by his aircraft to third persons on the ground. Art. 147. The insurance provided for in Article 146 above must cover the liability of the operator within the limits specified in Article 3 of the Law of September 11, 1936, which ratified the International Convention on the Unification of Certain Rules relating to Damages caused by Aircraft to Third Parties on the Ground, signed at Rome on May 29, 1933. Art. 148. The operator may substitute, in whole or in part, for the insurance specified in Article 147, a guarantee which is sufficient to cover his liability within the limits specified in the Law of September 11, 1936. Such guarantee shall be provided: a) for aircraft registered in the Belgian Congo: either in form of a deposit in cash in the public treasury or a bank authorized therefor by the Governor General or his delegate: or in form of a guarantee by a bank authorized t.herefor by the Governor General or his delegate. b) for aircraft not registered in the Belgian Congo: either in form of a deposit in cash in the public treasury or a bank author- ized therefor by the competent authority of the country where the aircraft is registered or in form of a guarantee by a bank authorized therefor by the competent authority of the country where the aircraft is registered. A i~t. 149. The nature, extent and duration of the sureties provided for in Articles 146 and 148 shall be specified either by an official certifi- cate or by an officia.l notation on the flight documents. Such certificate or notation must be presented at any request by the public authority. Art. 150. Any aircraft which flies in violation of the preceding pro- visions may be detained on the ground until full coverage as provided for in this Chapter is shown. Any aircraft. commander who pilots an aircraft which is not, or is insufficiently covered a.gainst the risks specified in the. provisions of this Chapter, shall be subject to the penalties provided for in Article 158 of this ordinance. CHAPTER XVII. GENERAL PRovIsioNs Art. 151. Except with special authorization from the Governor General or his delegate, the use of photographic or motion picture equipment aboard an aircraft is prohibited. PAGENO="0490" 480 AIR LAWS AND TREATIES OF THE WORLD Art. 1.5~. It is prohibited to throw from an aircraft. in flight any article, whether or not. attached to a parachute, which may constitute a danger to persons OrproI)elty on the ground. Such prohibition shall not apply to ballast consisting of fine sand and water. The release of fuel in emergencies may not take place above towns or villages or open air assemblies of persons. Art. 153. Except in case of emergency, parachute jumps are pro- liibitecl without authorization from the Governor General or his dele- gate. A it. 154. Except in case of emergency, it is prohibited to move an aircraft which has suffered or caused a serious accident, to remove, detach or displace any article, debris or pieces of any kind from such aircraft without having obtained authorization from the Governor General or his delegate. Art. 1~.5. The pilot-in-command of au aircraft. shall be personally responsible for the piloting of the aircraft and shall dec.ide, as the high- est authority, on its use while he is in command thereof. No person may pilot, an aircraft or be a member of the flight crew of an aircraft. if he is under the influence of alcoholic beverages, nar- cotics or drugs of any kind which may reduce his capacity as crew member. No person may pilot an aircraft in a negligent or imprudent manner if danger for the life or property of others results therefrom. Art. 156 The Governor General or his delegate ma.y make it compul- sory to install radio communications eqmpunent. on all aircraft.. The Governor General or his delegate may make it compulsory to provide on all aircraft emergency equipment, which shall be listed and the parts of which shall be enumerated in N.O.T.A.M.S. Art. 157. The Director General of the Aeronautical Service of the Government. General shall be the delegate of the Governor General in any matter concerning the application of this ordinance and the an- ne.xes thereto. CHAPTER XVIII. CRIMIx~~L PRovIsIoNs Art. 158. Violations of the provisions of this ordinance and the an- nexes t.hereto shall be punished by a maximum of two months impris- onment. and by a fine not exceeding two thousands francs or by only one of these penalties. Refusal t.o obey the instructions given by an airport commander or airdrome chief in the exercise of their duties shall be punished by the same penalties. Any operator who imposes on members of a flight crew of an air- craft any heavier duties than those specified in Articles 170 and 171 of annex 2 to this ordinance, or who authorizes such crew members to go beyond the prescribed limits, shall be punished by a maximum of two months imprisonment, and a fine not exceeding two thousand franc.s or by only one of these pemlalties. PAGENO="0491" AIR LAWS A~D TREATIES OF THE WORLD 481 CHAPTER XIX. FINAL PROVISIONS Art. 159. The following laws are hereby abrogated: Ordinance No. 15 bis/T.P., January 27, 1934; Ordinance No. 66 bi~/T.P., April 13, 1935; Ordinance No. 84/T.P., August 3, 1937; Ordinance No. 65/T.P., June 3, 1939; Ordinance No. 100/T.P., October 3, 1939; Ordinance No. 503/T.P., November 20, 1941; Ordinance No. 191/T.P., July 5, 1946; Ordinance No. 230/T.P., July 30, 1946; Ordinance No. 11/T.P., January 8, 1947; Ordinance No. 239/T.P., July 31, 1947; Ordinance No. 66/434, December 11, 1948; Ordinance No. 66/16, January 11, 1949; Ordinance No. 66/76, February 26, 1949; Ordinance No. 66/93, March 10. 1949; Ordinance No. 66/159, May 10, 1949; Ordinance No. 66/188, June 12, 1949; Ordinance No. 66/46, February 13, 1950; Ordinance No. 66/64, February 24, 1950; Ordinance No. 66/96, March 10, 1950; Ordinance No. 66/180. May 28, 1950; Ordinance No. 66/55, February 28, 1951; Ordinance No. 66/309, October 15, 1951; Ordinance No. 62/146, May 9, 1952; Ordinance No. 62/383, November 6, 1953; Ordinance No. 62/206, June 19. 1954; Ordinance No. 62/210, June 22, 1954; Ordinance No. 62/5, January 4, 1955. PAGENO="0492" PAGENO="0493" COSTA RICA LAW ON CIVIL AVIATION1 PART I. PRINCIPLES OF AIR NAVIGATION TITLE I. AIRSPACE AND LAND SURFACE CHAPTER I. SOVEREIGNTY OvER AIRSPACE AND ITS EFFECTS Article 1. Costa Rica owns aiid exercises full and exclusive sover- eignty over the airspace above the continental and island territory of the Republic and its territorial waters, permitting in peacetime free- dom of innocent passage to civil aviation in accoradnce with the law and international conventions. Military aircraft of foreign nations may not operate in this airspace without permission of the Ministry of Public Security. Article 2. Foreign non-military aircraft may operate in the national airspace only in accordance with the provisions of this law and the regulations issued thereunder. No foreign aircraft may operate on air transport service~ between two points of the national terrt.orv. Article 3. Costa Rican authorities and laws have absolute juris- diction over aircraft on the national territory or in its airspace. Sole exception is made of foreign military aircraft, duly authorized to operate, or which are operating on diplomatic missions of foreign nations, in accordance with international standards governing in this respect in Costa Rica. Article 4. The Executive Power may, by decree, establish restricted or prohibited zones for air navigation for reasons of defense or public security. Article S. The designation of airports for international services shall be made by the Executive Power. All foreign aircraft~ or air- craft on international flights entering the Republic, exëept in cases of emergency shall make their first landing at one of said airports, subject to the provisions of Article 147 et seq. of the Sanitary Code. CHAPTER II. USE OF THE AIRSPACE SECTION I. AIR ROUTES Article 6. The Civil Aviation Board may designate and establish air routes, and within its available financial resources, for the~ same purpose may: a) Acquire, establish, operate and maintain all existing facili- ties for air navigation over the air routes. b) Publish maps and charts of such air routes, and make use of the facilities and assistance of other government departments. I Decree-law 7~2 of October IS, 1949. Published in La G'ieeto, Oetoher 26. i9~o. 483 PAGENO="0494" 4S4 AIR LAWS AND TREATIES OF THE WORLD c.) Acquire, establish, operate and maintain, wholly or partially, facilities for air navigation on national or municipal airports, or on other airports which may be indicated by the Board for such installation, operation or maintenance. d) Provide the necessary facilities and personnel for the reg- ulation and protection of air traffic, including meteorological services. Article 7. Air routes shall be designated and established, as far as feasible, in relation to visual, mechanical, electrical, radio or other aids throughout the terrain covered by them. In no case may the same air space be used for more than one air route. Any exceptions imposed in the interest of security or efficiency of operation of air- craft shall be justified in regard to those. air routes in which the opera- tion of aircraft, over one air route does not int.erfere with the operation of aircraft over another air route occupying the same space. Inter- sections do not, imply a. joint air route. Article 8. The provisions of the preceding article shall not prevent the promulgation of regulations enacted in accordance with this law and to public convenience for bet.ter control of air traffic. Article 9. It is absolutely prohibited to grant exclusive rights for the use of any air routes, airport or other facilities for air navigation. Article 10. Considering the advantages of lower c.osts of operation of air transport enterprises, the Board may operate a radiocommunica- tions system for their free use, through an agreement to be made with these enterprises. The charging of a fee for services rendered may be fixed in the. agreement, provided no special tax is substituted there- for. Article 11. For the designation of air routes and, generally, for the better coordination of technical functions, the Board may avail it- self, if it deems it proper, of advice, by a. commission comprised of technical personnel from the various airline companies operating in the country. SECTION II. AIR `TRANSPORT LINES AND THEIR PERSONNEL Article 12. National airline companies must be domiciled in Costa Rica. be duly registered in the Public Register and be organized in ac- cordance with the. laws of the Republic. Ai'tcle 13. Foreign companies for international air transportation shall have their representative branch or agency duly regist.ered in Costa. Rica and their legal agents duly empowered to represent these companies. The fact that these companies are operating in Cost.a Ric.a. implies, as a matter of law, that they submit to t.he laws of t.he country and consequently renounce diplomatic intervention. Article 14. Ninety percent of the personnel of national airline com- panies and of the ground crews of foreign international airlines sta- tioned in the country must be Costa R.icans. No prerogatives or posi- tions denied to equally qualified nationals may be given to foreign em- ployees of these companies: therefore, any financial or ot.her benefit which may be granted to foreign employees in their work contracts, shall automatically be granted to national employees who hold or are capable of holding the same positions. PAGENO="0495" AIR LAWS AND TREATIES OF THE WORLD 4S5 SECTION III. OPERATION CERTIFICATES National Air Transport Article 1~. No airline company may undertake to render services without. a valid operating certiheate. by means of which the Board of Civil Aviation authorizes it to render such services. Nevertheless, companies presently operating in the country may continue to render the same services they are giving over air routes approved by the Board during the four months commencing from the date of publica- tion of the respective regulations; within this period they must apply to the Board for the corresponding certificate. Article 16. Application for operating certificates shall contain the information and proof of service and safety required by the air regu- lati ons. Article 17. The Board shall order published in the Diario Oficial the applications for operating certificates which it. receives. Within twenty days following said publication, any person may support or oppose in writing the issuance of the certificate requested, and may also be present at the public hearing which must be given with respect to each application, on the date indicated in the Diario Oficial. Article 18. Within fifteen days following the public hearing, the Board shall decide on each application and, as the case may be, issue the requested certificate, wholly or partially. It shall grant it if it finds the applicant capable and competent, and in a. position to render the transport services in an adequate measure of efficiency and safety as well as in compliance with the provisions of this law and regulations issued thereunder. Transport service~ may be authorized if the certif- icate is required on the basis of public, convenience and necessity. Otherwise, the application shall be refused. Operating certificates may be issued for temporary services. Article 19. Where an operating certificate has been requested within four months following publication of the respective regulation by a company which has been rendering satisfactory services of air trans- port under a contract or authorization still in force, the Board, with- out further evident.iary proceedings, shall issue such certificate in accordance with the routes over which the company is operating. Article 20. Regardless of the provisions of the preceding article, any of the companies referred to therein which are rendering services with- in the country may request, within four months following publica- tion of the respective regulations. that the routes of all companies rendering local services be revised, including its own, based on rea.- sons of public interest. When an application of this type has been filed, the Board shall proceed as indicated in Article 17 of this law, and decide to agree thereto if public necessity and convenience so require. In the absence of such conditions the application shall he denied. The Board, on its own volition, may generally revise all routes, if the possible interest requires such action. Article 21. Certificates authorizing air transport services shall specify: the terminal points, as well as the intermediate ones, if any. between which the airline. may render services, and the type and fre- quency of service which it will render. There shall be stipulated therein, in addition to the rights granted by the certificate, any condi- PAGENO="0496" 486 AIR LAWS AND TREATIES OF THE WORLD tions and limitations which public interest may dictate prior to, or during the rendering of services. The certificates shall specify, in addition, the terms, conditions and limitations which adequately guarantee the safety of transportation at airports and on the routes fixed in the authorization. Ji'tic7e 22. Landings or take-offs during an emergency, in non- specified places, in accordance with air regulations do not constitute violations of the terms, conditions or limitations of the certificate. rf1~e certificate shall, in addition, empower the airline compaiiy to undertake express or special flights, with advance authorization which it should seek in each case, from the Director, according to the regu- lations issued under this law. Jitic7e 23. Ordinary certificates shall be in force for a period of ten years, renewable for equal periods of time, computed from the date on which they are. issued, and provided they have not been suspended or revoked: temporary certificates shall expire on the date of expira- tion. Air transport services which are authorized by operating cer- tificates must be commenced within a period of three months from the (late of issue, unless otherwise specified therein. If such services are not initiated during the time fixed, the Board may revoke it, with notice in advance to the interested parties. Artic7e 24. A certificate of operation may not validly be transferred without the approval of the Board, which may be granted w-ith due consideratioii of the public interest. Ai'tic~e 2-5. The Board may, by application, complaint, recommenda- tion of the Director, or by its own initiative, with advance notice to, and a hearing of the interested parties, alter, change, modify or sus- pend any certificate, wholly or partially, if public necessity and con- venience so requires. It may also revoke any certificate, wholly or partially, for international violation of the provisions of this part of the law, or of any order or regulation based thereon, or of any of the terms, conditions or limitations expressed in the certificate. Never- theless, no certificate shall be revoked without giving a reasonable time, to be fixed by the Board, in which the interested parties may comply with the order, regulation, term, condition or limitation which has been violated. Any interested party may address the Board in writing, in favor of, or against the alteration, change, amendment, suspension or revocation of the certificate. Jitk7e 26. No certificate shall confer ow-nership or exclusive rights in the use of any airspace, air routes, airports or navigation facilities. The certificates shall be in the nature of a franchise for the operation of public services, under the conditions established by this law. Article 27. The Government shall grant contracts for airmail serv- ices by means of bids incorporated in the form of law by the General Post Office Department, and in which only those airlines may par- icipate which hold operating certificates. Aitfr7e 28. No air transport company may change or abandon all or any 1)art of a route, for which it holds a certificate of operation, unless so requested by the Board, and when permitted by the latter following notice in advance and a hearing by the interested parties. ~n interested person may address the Board in writing in support of, ~ ~ to such abandonment or change. The Board may au- timorize suspensions or temporary changes of certified air services if the public interest so requires. PAGENO="0497" AIR LAWS AND TREATIES OF THE WORLD 4S7 Article 29. All airline companies have a duty to render the services authorized in the certificate of operation in a safe and adequate manner, and to have available for such purposes the equipment and facilities required for such services. No airline company may grant unjust advantages or preferences to any ~ loalIty, or airport, nor subject any of them to undeserved, unreasonable or unjust dis- criminations, partiality, or disadvantages. Article 30. Notwithstanding the provisions of the two ~)receding articles, the companies may refuse their services of air transport, in accordance with the regulations. even thou~h the respective aircraft has sufficient space to accommodate them ~t) When this service has beemi suspended or limited by order of the competent authorities: b) Because of bad weather conditions or unforeseen damage to the equipment; c) To a person who intends to travel in a state of intoxication, who presents visible symptoms of an abnorina.1 condition, or of a contagious disease, or who violates or refuses to obey the conipany regulations or those prescribed by this law and the regulations issued hereunder; and d) the case of articles or materials whose. trade is prohibited, or of explosive or inflammable materials. SECTION IV. INTERNATIONAL AIR TRANSPORT Article 31. Certificates of operation for iritQrnational air services shall be subject to the same procedures and conditions, and confer the same advantages which govern those authorizing domestic air services, except. as to express or special flights within the country. It may be specified therein more stops than those prior and subsequent to the Costa Rican airport of entry, except that, for certain cases, the Board may require more information. Article 32. The operation of international air services shall be gov- erned by the provisions of this law, the regulations issued thereunder, and international treaties in this field. Article 33. The extension, denial, transfer, amendment, concehiation, suspension or revocation of a. certificate of operation which authorizes international air services, or sets forth the terms, conditions and limita- tions thereof, shall be subject. to approval of the Executive Power, with exception of the case specified in Article 19 of this law. SECTION V. RATES Article 34.2 The rates for a.ir transport.ation of persons or mer- chandise within or outside of the country, of companies holding oper- ating certificates for air services granted pursuant. to this law must. be notifie.d to and approved by the Board. No company operating iii Costa Rica may charge sums or amounts difierent from those ap- proved as t.he official rates, except. as provided elsewhere in this law. Article 3-5. The airlines must print, publish and maintain for in- formation of the public, together with their rates, data and conditions 2 Amended by Decree 2918 of November 28. 1961. Published In La Gaceta, Dc'i~ember 2, 1961. PAGENO="0498" 4SS AIR LAWS AND TREATIES OF THE WORLD as required by the Board concerning application thereof. The rates shall be stipulated in national currency but., with respect to interna- tional air transport.. they may also be stated in currency of the coun- tries in which the airlines operate, in which case additional informa- tion must be given which is required by the respective foreign law. Article 36.~ When the Board exercises its authority with respect to the fixing and application of rates for transportation, it shall take into consideration. among others, the following factors: a.) Public interest, in guaranteeing efficient. and adequate per- formance and safety protection possible in transportation of per- Sons and merchandise; b) The obtaining of t.he lowest. c.ost of service compatible with the advantages and conditions inherent t.herein; c.~) The effect on the. volume of traffic; d) The nature and quality of the service rendered; e) The margin of profits which should be recognized in favor of the companies, taking into consideration an honest., economic and efficient. administrat.ion; and f) The differences in economic capacity of the companies ren- dering international service, with the possibility of approving rate differentials up to 20 percent less for financially underdevel- oped companies in comparison with 20 percent higher rates for all transportat ion in jet. aircraft. A/t('te 37.~ No airl ilie operating in this country may violate the app1icat~on of its rate.~ by granting clirect.Fv or indirectly any dis- counts, privileges. facilities or changes outside. of those coiiteinplatecl and pe.rmitte(l by law. Art ide 38. Airlines are permitted to establish discounts in favor of their (lire.ctors. agents. employees anti their relatives who are finan- cmliv dependent on them, hut the Board imist be notified as t.o the respective program. as ~veii as any changes thereto. It. is compulsory for the airlines to grant exemptions and discounts in the cost of trans- porting persons who. by reason of their official prerogatives, merit courtesy treatment wit Ii respect to the contractual stipula.tioiis of air transport. taln~ as a l)asisof referen(e ~rt.icle -1 of Law No. 12 of October 2. 1942. SECTION VI. V~ARIOFS PROVISIONS CONCERNING AIR TRANSPORT Aite7e 39. InspectIon of all matters concerning regulatory aspects of pul)lic. service of air transport. referred to in this law is compulsory and a. matter of public order. Consequently, the documents which are necessary for the exerci~e of supervisory functions of this nature are considered puhl~e ilocunients. and shall be at all times at the disposal and exa1nin~~t ion of lie competent public officials. Aitir'ic 40. By virtue of the. authority and duties entrusted to it., the Board miv require per~od~ca1, monthly, annual or special reports from any civil aviai an company, and with respect to international companles, force thcn~ to ahi(le b the measures of the International Civil Aviation Organization. The Board is empowered to request from the companies true copies of contracts, agreements or arrange- ~ Ihia. ` Ibid. PAGENO="0499" AIR LAWS AND TREATIES OF THE WORLD 489 hiclitS between two ~i more. coinpiIliies. O1~ between them and private individuals, on traffic or any civil aviation matter, for the purpose of approvng or opposing them in accrdance with the provisions of law. A1~f;e7(? 41. It is absolutely rohlI)ite.d that a. single person, directly or in(llrectlv, control the stock or ~penit.ions of more han one airline company. Two of these companies, however, may unite or combine their operations if the Board so authorizes, ~ to the reqmre- nient.s of public interest. A ,tie7,~ 4?. In all contracts for 1)ublic air transport service, the opinion of the Civil Aviation Board should be considered in advance; all the provisions of this law and the regulations issued thereunder shall be. considered as tacjtly incorporate(l in all contracts. SECTION VII. PRIVATE AVIATIoN A ,t;r7e 43. In this law, private aviation is deemed to have as its exclusive objective the undertaking of flights for pleasure or t.rans- pOrtat.ion, by the owner of the aircraft, colleagues, employees and relatives without intention to make a profit. Artic7e 44. Aircraft and pilots engaged in private aviation must Iossess all requirements imposed by this law, the regulations issued thereunder, and certificates and licenses. SECTION VIII. ACCIDENTS Article 4-5. The Regulations and the Board shall establish the condi- tions which govern procedures of notice and reports of accidents which occur to aircraft in the Republic.. All persons competent to do so shall advise the Board or the Director when they have knowledge of the occurrence of an air accident, and rende.r assistance requested of them for this purpose. Artie7e 4i. The Board shall record information on each accident, being empowered for this purpose to request any assistance it may need from persons in the field of civil aviation. Article 47. Police authorities and the judicial officials of jurisdic- lion shall preserve, unmoved and untouched, the state and condition of all aircraft, aircraft engines, propellers or equipment affected by, or involved in a civil air accident, until the aviation authorities have concluded t.heir investigations in the case. CILAPTER III. INSTALLATIONS SECTION I. AIRPORTS Jit~e7c 48. Airports whether national, municipal or private, are subject to official inspection; their use may be restricted during war- time or national emergency. and control thereof will he assumed at that rime by the Ministry of Public Security: their operation shall also be restricted by means of regulations or orders of the Board on grounds inadequtae conditions which they ma offer for different flight u ii its. Article 49. National and municipal airports shall be open to pub- lic service in accordance with the respect.lve regulations, except. when they are declared to be in temporary and exclusive use for military PAGENO="0500" 490 AIR LAWS AND TREATIES OF THE WORLD service. Likewise, private airports shall be placed at the disposal of public service if the general interest so requires, and their construc- tion and operation shall then be subject to the same regulations, in- spec.t ion and management as national or municipal airports. Ai'twle -50. Airports whicli, on the basis of the public interest are decreed to be of piililic. use, shall be subject to eminent domain. Article 51. Only Costa llicaiis may be granted franchises for the establishment d private airports, and a servitude on its use shall be gratuitously established in favor of State aircraft. Article 52. All landing fields ma be used gratuitously by any air- craft in case of emergency. Article 53. The Director is entrusted with the administration of all airports, with the exception of military and privately owned ones for private service. Improvements, buildings and installations thereon with funds am i~orized by the Board in each case, shall of necessity be owned b~ the St i~i e. even when on laud under private ownership. Article 54. Within the perimeter of airports or surrounding land, whether under public or private ownership, all kinds of official or pri- vate air services may be established, based on proper franchises which shall be granted provided each licensee operates with due independence. No exclusive franchise shall be granted for the use of landing runways. Licenses shall be granted, with a report in advance by the Board, by the Ministry of Government. (Interior) or the respective municipality, for a period not to exceed ten years, which is renewable,. Public lands or t.hose belonging to the State or the municipalities, granted foi in- stallation of aeronautical services, may not be alienated in any case. Plans for aeronautical services must be approved by the Board before they are executed. Article 55. Construction, use and operation of landing fields, public or private, is subject. to prior authorization by the Civil Aviation Board which shall keep a register thereof. Article SC. Landing fields used in public service shall have a pro- tective zone whose. extension shall be. fixed in the regulations, and within which no obstructions may be constructed or maintained which constitute a danger to the operation of aircraft. TITLE II. AIRCRAFT AND FLIGHT PERSONNEL CHAPTER I. GENERAL Pnovisioxs OX POWERS OF THE BoAIm AS TO SAFETY OF AIR TRANSPORTATION Article 57. The Board is under duty to l)romnote the safety of air transport, for which purpose it shall prescribe and periodically review the following: a) The regulations and minimum standards which govern with respect to use of materials, use of labor, inspection, repair. and servicing and operation of aircra ft. aircraft. engines, propellers and appurtenances : to equipment and facilities needed for such inspections, services and repairs : and to the opportunity an(l man- ner of undertaking said tasks of inspection, service and repa~r: b) Provisions governing reserves, as well as available equip- ment, aircraft, engines, propellers, appurtenances. fuel and libri- cants, as well as gasoline and oil to be carried in flight: c) The regulations with respect to maximum hours or Periods of service of air crews; PAGENO="0501" AIR LAWS AND TREATIES OF THE WORLD 491 d) Air traffic. rules which govern navigation, protection, and identification of aircraft, flight regulations, including safe alti- tudes for same and measures to prevent collisions between air- craft., or between them and land or maritime vehicles; e) Regulations and minimum standards which establish other uses, methods and procedures necessary to provide adequately for the safety of civil aviation. Article 58. In providing for safety of civil aviation, provision shall be made in consideration of the difference existing between air trans- portat.ion and other forms of civil aviation. Nevertheless, it may be permitted that aircraft, aircraft engines, propellers and appurtenances licensed for use in civil aviation be employed in air transportation. CHAPTER II. AIRCRAFT SECTION I. REGISTRATION, NATIONALITY, AND OWNERSHIP OF A[RCRAFT Arti~ie .59. No aircraft. niav be operated or flown in Costa Rica which is not properly registered according to this law and the regula- tions issued thereunder. Exceptions are made in the following cases: a.) Aircraft of the National Air Force; b) Aircraft of friendly nations on authorized flights; c) Aircraft of foreign international airlines rendering author- ized services, when they hold certificates of airworthiness pur- suant to the laws of their own countries; and ci) Aircraft which are in transit in the Republic, or are passing tIiroui~li on express or special flights, provided they observe the applicable requirements of this law and the regulations issued thereunder. Article 60. Registration may only be granted to an aircraft not reg- istered in anothe.r country, and always provided it is owned by a Costa Rican individual or corporation. The application for registration shall be addressed to the Director, and if it fulfills the regulatory requirements, he shall grant it. issuing the corresponding certificate. Article 61. Registration certificates may be susnended or revoked by the Director for an of the reasons determined in the Regulations. A rticle 62. Registration certificates shall determine the nationality of the aircraft. An aircraft registered in Costa Rica. ma not. simul- ta.neouslv he so registered in another country. Article 63. The Board may establish adequate standards for regis- tration, identification and use. of aircraft. engines, propellers and appurtenances. Article 64. Tn the Register, the Director shall enter also all aliena- tions concerning aircraft registered in Costa Rica. Such annotations shall he founded on the corresponding public instrument, judicial de- cree or communication in the Register of Liens. Artcle 65. Co~ta Rican licenses which are presently held by air- craft, shall be valid for a term of four months commencing with the publication of the respective regulation. SECTION II. CERTIFICATE OF TYPE Article 66. The Board may issue certificates of type w'hen there ex- ist in the country, factories of types of aircraft, aircraft engines, PAGENO="0502" 492 AIR LAWS AND TREATIES OF THE WORLD propellers or appurtenances, which possess the regulation require- ments for operation: but for effects thereof, there shall be recognized as such certificates those issued by foreign factories or aeronautical authorities. Artic7e 67. Engines and propellers with recognized certificates of type ma not. be installed except on aircraft and engines for which they were designed: but they may be used in others if the aviation authorities of the country of origin or the. manufacturers of the re- spective aircraft and engines approve thereof. SECTION II. CERTIFICATE OF AIRWORTHINESS Artiele 68. Application for a certificate of airworthiness must be presented to the Director, who shall issue it if he finds that the air- craft for which it is requested is in compliance with the corresponding certificate of type and in condition to operate with safety, according to the. report of an inspector appointed or authorized by the Board. such certificate shall be posted and exhibited in the cabin of every aircraft and shall specify the time of its validity; category of service for which the aircraft may be used: and the. terms, conditions and limitations required in the interest of safety. SECTION IV. MAINTENANCE OF AIRCRAFT Artiele 69. Air transport companies and other entities and persons operating aviation equipment in civil activities must have inspection. maintenance and repair service for their equipment in accordance with the air regulations and the provisions of the Board issued pur- suant. to this law. Persons engaged in operating, maintaining and repairing equipment in civil aviation must observe the pertinent re- quirements of the regulations and other rules issued under this law. Artie7e 70. It is the duty of licensed inspectors and mechanics to inform the owner of an aircraft of any defect found therein, or in its engines or appurtenances, when this constitutes a. potential danger to safety. The aircraft. which is the object of such re.port may not fly until the damage has been satisfactorily repaired. CHAPTER III. AERONArTICAL PERSONNEL SECTTON I. LICENSES Artiele 71. In order to issue a license, to an airman the Director shall ascertain the aptitude of the applicant, in accordance with the report. of an inspector appointed or authorized by the Board, and his physical capacity for engaging in the pertinent duties. The li- cense shall be. subject to the terms and conditions designated by the regulations. Artie7e 72. When the extension or renewal of a license ha.s been re- fused, the interested nartv may reque~t that his capacity and suit- ability be. re-examined within a period fixed in advance by the Board. A i~tie7e 78. A license may be issued to an alien who has satisfac- torily passed the. aptitude examinations, if an equal opportunity is granted to Costa Ricans in his country. PAGENO="0503" AIR LAWS AND TREATIES OF THE WORLD 493 Article 74. The airmen's licenses' register, in charge of the Director, shall be kept in the order and form prescribed in the regulations, and distinctions made with regard to the field of specialization of each airman. CHAPTER I'\. FIJGIIT FscILITIE5 SECTION I. INSPECTION AND CLASSIFICATION Article 75. The Board is authorized to inspect and classify any air navigation facilities for use of civil aircraft in Costa Rica, to deter- mine their need and to issue the corresponding certificates. ChAPTER V. SCHOOLS, WORKSHOPS, AND OTHER ENTITIES SECTION I. EXAMINATION AND CLASSIFICATION Article 76. For the purpose of authorizing the ol)eration and for the issuance of the proper certificate, the Board shall examine and classify: a) Civil aviation schools to give flight instruction, or instruc- tion on repair and maintenance of aircraft, aircraft engines, pro- pellers and appurtenances, their courses of instruction, the need and airworthiness of their equipment, and the competence of their instructors; b) Service shops or those for modification, maintenance and repair of aircraft, aircraft engines, propellers and appurtenances; the appropriate and necessary form of their equipment; their work facilities and methods; and the competence of t.hose who are employed, not only in such work, but also who serve as instructors; and c) Private aviation and any other form of civil aviation. CHAFFER VI. COMMON PROVISIONS FOR LICENSES AND CERTIFICATES Article 77. Whenever it deems it proper, the Board may examine airmen, inspect any aircraft, aircraft engine, propeller, appurtenance, flight facility, or civil aviation entity. In accordance with the results of such examination or inspection, and if required b the interest of the service, it may alter, amend, modify or suspend, wholly or par- tially, the certificates or licenses. Article 78. The revocation of a certificate or license is in order in all cases in which the original extension should be refused, according to this law and the regulations issued thereunder. Article 79. In cases of emergency, it is in order to suspend totally or partially any license or certificate, without proceedings and with- out right of compensation. The prolongation of such a condition for more than thirty days should justify the procedure of a hearing and is founded on reasons of public interest. PART II. CONVENTION ON INTERNATIONAL CIVIL AVIATION Article 80. From the day on which the Chicago Convention be- comes enforceable with respect to Costa Rica, the provisions of that Convention shall have force of law in the Republic and shall be con- sidered as incorporated in this Part. PAGENO="0504" 494 AIR LAWS AND TREATIES OF THE WORLD Article 81. The Executive Power is authorized to adopt measures to make Costa Rica a member of the International Civil Aviation Organization and to participate in its work. PART III. REGULATORY AGENCIES SECTION I. CIVIL AVIATION BOARD Article 83. A Civil Aviation Board shall be established, composed of members designated by the Ministry of the Interior (Government), who may be removed from office only for inefficiency, negligence in their duties, physical or legal incapacity, or for offenses committed in the performance of their duties, through evidence presented and judged in accordance with the civil service rules applicable to this point. They shall hold office for four years, and may be appointed for successive periods. The substitution of its members shall be made in relation to slates of candidates presented for this purpose by the Board itself and the aeronautical associations which have been duly registered in the country. Article 84. The designation of Board members shall be made based on their capability and preparation for the effective, performance of I he. authority and duties imposed on them by this law. They must be Costa Ricans by birth, or b naturalization, with residence in the country for a. period of not less than ten consecutive years, and not have any ties, interest or connections with any air transport. company, or relationship with each other up to the third degree. of consanguinity or affinity: persons who have been previously condemned for crimes against the life, safety or property of other persons, shall he pre- vented from holding office, as well as those who hold other offices. except honorary posts or govermnent positions which the Ministry of Interior has authorized them to accept. At least. two of the members must be experts in aeronautical matters. Because of the eminently civil character of their activities. they shall not owe any military serv- ice or obe(lience. except for conscription declared in accordance with law. Article 85. The sessions of the Board shall be held in the city of San Jose. as its headquarters. Nevertheless, they may be held in other locations in the country, occasionally or accidentally, in accord with improved public service when so required by special reasons. The quorum for sessions shall be constitute.d by three members, but if one is prevented from attending on grounds of force majenre, two members max constitute a quorum. In any case, resolutions must be adopted by a majority, constituted by the. vote of t.wo of the members. Its in- ternal administration shall be ordere.d by t.he Board by means of a regulation which, as is also applicable, to its amendments, must be ap- proved by the Ministry of Interior (Government). Article 86. The Board shall exerci~e the functions conferred on it b i his la~v in(tepen(iently of the Ministry of Interior, with the spec- i lied exceptiors. A rticle 87. For the best. results of its own func.tions, the Board shall act with special consideration of the public interest in air transporta- tion, and shall decide in accordance with the followii~g requirements: a) Encouragement a.nd development of an air transport system adapted t.o present and future needs of domestic and foreign corn- PAGENO="0505" AIR LAWS AND TREATIES OF THE WORLD 495 merce, of airmail service, and to standards which respect national sovereignty; b) Establishment of a communications network which shall serve principally the economic development of the nation, offering facilit.ie.s of access to the most remote areas of the country; c) Regulation of domestic air transportation in such a manner as to recognize and preserve its proper advantages, to guarantee the highest degree of safety, and to stimulate a stable financial condition for itself and at the same time to improve relations with, and coordinate the services of airline companies; d) Promotion of an efficient, adequate and economic service by national airline companies, at reasonable rates, without unjust discriminations or undue privileges or advantages, and excluding all pract.ice.s of unfair or destructive competition; e) Competence in air services in such a manner as to assure the development of an air transport system adaptable to the needs of domestic and foreign commerce, postal services, and defense of our sovereignty; f) Regulation of civil aeronautics to t.he degree which will pro- mote its development and safety; g) Progress of civil aeronautics and necessary incentives for same; and h) Investigation of air a(cidents to establish the. causes, and to reduce. or eliminate the POSH bilit ies of their occurrence. by means of adequate re2ul at ion. Art k/c 88. Tn the exercise and performance of its authority and duties, the Board shall observe. all obligations contracted by the Re- public by means of treaties, conventions, agreements and contracts; it. shall also take into consideration the obligations. duties and liabili- ties of international air transport companies toward the countries in which they operate in order not to restrict them, and shall reject those which it. judges to be contrary to the national Tlhl ic interest. Artk7c 8.9. The Board may exercise its fiinct iOflS with respect to its personnel, supplies and otliei' rout inc administrat ye functions. throu~h the Ministry of Interior, in the manner prescribed 1w the respective laws. Nevertheless, the selection of technical eunniovees shall be made from among candidates presented by the. office of personnel selection. A~t;r7c 91), In the Budget of Expenses of the Public Administra- tion the necessary entries shall l)e in~erted to procole for the expenses of the work of the Board, the total of which shall he the. equivalent, insofar as possil)le in the fiscal order, of the estimates of income to be derived from present. taxes or which may be ]ml)osed on air transporta- tion of passengers and c.ar,zo. from fees charged for landing, from rentals of buildings on national airports, concessions in said buildings, from fines for violations of the provisions of the present law and regu- lations is~ued thereunder, taxes for the establishment, operation tmcl maintenance of air navi~a.tion facilities, and other similar funds, such as fees charged for certificates and licenses. Artie7e 91. The Board has the duty to prepare. an(l amend the air regulations, and for this purpose, when it deems it. proper, it. may con- suit with the airline, companies, and later forward such regulations for promulgation to the Ministry of Interior. The annexes to the Chicago PAGENO="0506" 496 AIR LAWS AXD TREATIES OF THE WORLD Convention. tor llieir ltior as re~iilatioiis, shall not need the above mentjoned l(cedure ()f (OllsllltatiOl].. Article 92. The Board shall order the publication in the Diarlo Ofi- c/al or by means of other periodical publications, of the important or noteworthy investigations it undertakes in accord with the provisions of this law, as well as of all reports which it issues, and resolutions which it adopts. in the iiianner best ;~dapted iuul useful for the in- formation and use of the piibl Ic, provided they have the above men- tioned characteristics of importance or noteworthiness. Such publica- tions shall have an official character, and. shall be legally valid in judicial and administrative agencies of the Lepuhl ic. Arf;cle 93. The Board shall submit annually a report of its activ- ities to the Ministry of Interior to be transmitted to the Legislative Assembi. This report. must also contain all information and data compiled by the Board which it might consider of value to the solution of problems related to the development and regulation of civil aero- nautics, together with recommendations for amendments and additions to the. law-s in force. :1 rf ic/c 94. The Board members and the Director shall enjoY free passage on all local airlines when they are travelling in the perform- ance of their duties. Technical employees of the Board shall also have the right to travel gratuitously when they are on trips to inspect aircraft, airmen, routes or facilities for air navigation, in accordance with written orders of the Board. Other Board employees travelling on official duties, as well as shipments of equipment. and materials for the Board, shall have a. ri~ht to a ~5 l)ercent discount. from the regular rates. SECTION II. DIRECTOR GENERAT. OF AVIATION Art;c7e 9-i. The. Director General of Aviation shall be. designated by the. Ministry of Interior (Government) from a slate of candidates presented to the Board for this purpose. He. must he an airman, and possess all other requirements estahli~hed in Articles 8:1 and 84 above, and any other provi~ions which may be applicable. He. shall be under the jurisdiction of the Board and b~ entrusted with supervising the observance of the provisions of this law- and regulations issued there- under. Art ic/c .96. The Director may take part in the sessions anti delibera- tions of the Board. but without the. right, to vote. ITe shall have his office at the International Airport. and be in charge of administering and supervising the functions of the aeronautical offices established in the. country. Ar/ic/c 97. The Director shall exercise the. authority and perform the. duties assiQ~ied to him in this law, the regulations issued there- under and by the Board, and shall enforce compliance with t.he prin- ciples established in Articles 87 and 8. of this law: he shall be charged with execution of all resolutions adoptedhv the Board. A rti'c/c fl8. The Director shall l)re~e1it an annual report. of his activ- ities to the Board which shall constitute an appendix to the one the Board has a duty to send to the Ministry of Interior in accordance with Article Ofi. The Director shall recommend to the Board, as the opportunity or needs justify, such rules and standards as may become necessary. PAGENO="0507" lIP LAWS A~D TF.EATTES OF TTT~ WOPLD 497 PART IV. LEGAL REGTTLATTOXS DERIVED FROM AIR NAVIGATION TITLE I. LIABILITY Article f19. All companies and other entities and persons who, for profit. operate any aviation equipment in civil transportatioii, shall be liable up to the amount of twenty thousand co7one.s on the life of each passenger or crew member who suffers an accident. caused fortui- tously or through foice ma~ui'c. from which injur or death results caused by tile transportation. Such liabil~ty must he. covered by in- surance against all risks which cause. bodily injury, organic or func- tional. total or partial disability, permanent. or temporary; death caused i'-c external and accidental causes, or as result of suppurat.ive infections in wounds directly received (luring the transport, service. A;ticle 100. In all air accidents which cause death or injury to passengers or crew members, the insurer shall pay immediately the respective indemnities, as soon as these have been determined to be a consequence of the disaster. In case of death, tile principal sum shall be delivered to the. competent civil authority in order that he may distribute it to the legal heirs in acc.or(lance with the provisions on succession. In the absence of insurance, the carrier shall pay the indemn~tjes which are in order, in the manner above pre.seril)ed. Ai:~ic7e 101. Without prejudice to the provisions of Article ~`)9, the vnc im or an accident or his successors may eLi 1111 legally tl~e compen- sction which other laws e4ablish, when the (onlI)etent judicial author- itv ~ declared in the respective case that tl~cre has been fraud or negligence in the observance of this law or the regulations issued there- under on report of the airline company, l~'s°'~ eiititv. or by members of the crew and employees. Ariic7e 102. The carrier incurs ic liability for acuclents intention- ally caused by the victim or occurring on entering or leaving the air- craft. when it is stationary or in Llction, if there is gross carelessness or negligence on the part. of the injured person. or if it is caused by his own violations of safety measures. Article 10.1. Every civil aviation compan~ shall l)e liable for clam- ages and injuries caused to persons or private ~)1~operty as a result of a forced lauding, or t.he crash of an aircraft. or of objects falling or thvown therefrom. This liability, as well as that. arising from acci- dents caused by an aircraft on the ground to persons or property urn- related to its operations or arising from negligence in the handling of flight equipment or land transportation, or from gross negligence of the companies' employees or agents, shall be governed by the gen- eral laws of the Republic. In cases of loss of, or damage to merchan- dise and baggage, the provisions of the Transportation Law shall govern and the carrier's liability shall he limited to the declared value. Article 104. Civil liability of foreign or national companies in in- ternational transportation shall be governed primarily by the inter- national conventions in force in the Republic.. Article 10;i. For purposes of compensation it shall he presumed. unless 1)rove(l to the contrary, that death has occurred in the case. of passengers and crew members of any aircraft whose disappearance has occurred three months previously and whose location remains unknown. PAGENO="0508" 498 AIR LAWS A~D TREATIES OF THE WORLD Article 106. Any documents and statements in which a company rejects or limits its obligation to pay damages and losses shall be void, and without validity or effect, even when the interested party has signed them or consented thereto. Nevertheless, a stipulation is valid in which a company refuses liability for losses or damages to live animals or to perishable merchandise either because of its nature or by the mere act of transportation, unless there is proof of negligence. Contractual discharge is also permissible with relation to transporta- tion of credit documents, money. jewels and other precious objects contained in packages. baggage, and other closed containers, when the interested party fails to de.clare the value of the contents and to send it by registered mail. J1t;(7C 107. Credits which can he held against, civil air carriers, in the form of compensations permitted in accordance with this law and the rei~nlations issuc(l thereunder, shall enjoy preference in l)aymeI~t following those (credits) arising from the labor laws, and for such purpose shall constitute a legal lien on the. value of aircraft and of the establishments and chattels of their owners. A~rtic7e /08. Failure to observe any provision of this law and the regulations issued thereunder dealing with the safety of air services, gives rise to a ~)resunIption of guilt omi the part. of the respective compan\~. TITLE II. AERONAUTICAL LIENS Attic/c 109. Operations of secured liens on aircraft shall be gov- rned by the legal provisions dealing with ordinary liens after first `onsidering the special provisions contained in this Title. Artk/e 110. A chattel mortgage may be constituted on the entire property of an aircraft registered in the country; consequently, a partial lien with respect to rights which are not to the bare title is not in order. A'i't;cle .7/I. Tn any case, an aeronautical lien or mortgage must be constituted. modified or cancelled by means of a public written instru- ment, and be registered as endorsement of credits on liens in the Gen- eral Pledge Register of San Jose. i ~ 11?. The T)irector General of the Pledge Register shall im- mediately communicate with the General Directorate of Aviation as to all operations which lie enters in the books, and which refer to the constitution, modification or cancellation of liens on aircraft. Ait;lc 11.]. A mortgage credit en~ovs priority of payment, as I)1o- vicled hv law. but shall respect preferance of the other credits defined in Article 63 of the Law on Liens (Mortgage Law), including: a) Court costs or expenses intended for preservation of the air- craft or for payimient of liability claims h) Compensation for assistance or salvage: e) Fees, assessments or taxes owed by the aim-craft: d) Expenses incurred by time pilot of the aircraft by virtue, of his authority, and which were iiecessaiv for the continuance of the flight: and e) Salaries owed to employees on board the aircraft. If the aircraft is destroyed or expropriated, the mort.gage creditor may file his claim for preference. on the insurance and on the com- pensation which is owed to the owner as tort liability or expropria- tion payment. PAGENO="0509" AIR LAWS AND TREATIES OF THE WORLD 499 Article 114. Mortgaged aircraft in the country may not be trans- ferred abroad without. the express consent of the creditor, who must give it~ in the form of a })ublic written document, or a certified private document in the office of the Director. Article 115. Without. the express consent of the mort.ga~e creditor, no changes may be made in the construction or propulsion charac- teristics of t.he aircraft. Article 116. Aeronautical liens are extinguished for the same rea- sons as ordinary pledges, and particularly by judicial sales, total ioss or destnic.tion of the aircraft. PART V. DEVELOPMENT OF AIR. NAVIGATION CHAPTER I. AVIATION ~OIIOOLS Article 117. In order to establish an Aviation School it shall be necessary for the intere.ste.d party to be duly registered and to sub- mit himself to the pertinent stipulations of the respective regulation. Article 118. Aviation schools may make. flights other than within the field of their activities, but when doing so they must observe the provisions of the regulations and rules of the Board with respect t.o non-scheduled airlines and, on this matter, they shall be subject to the liabilities defined in this law. Article 119. WIen acci(lents and damages occur caused by opera- tion of instruction flights, the general provisions of the. law on tort and criminal liability shall govern whenever there is ;u j n1 icial declara- tion t.o the effect. that. there is mtent or negligence, in the violation of this law and the regulations issued t.llereun(ler ~un I 1~e pai~t of the enterprise, person, or entity. or of employees thereof. (`IIAPTEIi II. EXEMPTIONS Article 120. The Executive Power is authorize(l to decree exemp- tions in favor of companies and persons lawfully operating in any field of civil aviation from payment. of all import at.ion duties, except docking fees, with relation to all equipment, materials and other ar- ticle.s necessary for their service, which are not pro(lu(~ed in the coun- try. Such exemption is deemed in the public, interest in promoting facilities in air transport. services. Article 121. The articles which these companies or persons import free of duty may not be resold or transferred to persons who do not enjoy the same exemption, even when they have been used, unless the latter pay the duties for which exemption was granted, in agreement with the Ministry of Economy. Article 122. Civil aviation companies not devoted to public trans- portat.ion may, in exchange for exemptions, render transport or in- spection services to the. Government. upon request for assistance needed in cases of catastrophe, floods, pestilence, or ot.her serious emergencies. PAR.T VI. CRIMES, PENALTIES, AND PROCEDURE CHAPTER I. C~mr~s AND VIOLATIONS Artici~ 1~. It is absolutely prohibited: a) To fly a civil aircraft without a certificate of airworthiness or in violation of the terms of a certificate; PAGENO="0510" 500 AIR LAWS AXD TREATIES OF THE WORLD b) To work in the field of civil aviation, doing work of an air- man without holding the corresponding license, or in violation of the terms thereof; c) To employ in civil aviation persons not holding the licenses required by this law and its regulations; ci) To operate as an air transport company without authoriza- tion conferred by a certificate of operation. or in violation of the terms thereof; and e) To operate aircraft in violatioil of the provisions of this law or the regulations issued thereunder. Ai'tic/e 124. It shall be a crime~ agaiiwt~ the Public Treasury, accord- ing to Article 712 of the Fiscal Code, to trade gasoline and other arti- cles which, in accordance with this law, have been imported free of duty. CHAPTER II. PENALTIES J~tk7e 12-5. A fine of one hundred to one thousand coione.s, or its equivalent~ in imprisonment. ~hal~ l)e iniposed on any person who forges or alters any aviation certificate or license, or who uses fraudulent certificates or licenses. Artic7e 126. The following shall be 1)iln~shecl in accordance with Article 319 of the Penal Code: 1) Any person who places a~ light or signal in a place or in such manner as to produce confusion enda~igrening the safety of air navigation; 2) Any person who operates a light or signal which induces erroi' and persists in maintaining it despite an order to desist by the Board or the~ Director. 3) Any person who extin~iishes or interferes with the oper- ation of lights or signals used for air navigation; and 4-) Any person who persists in ci~sobeclience after receiving a formal order from the Board or Director not to create obstructions or to destroy tl~em. within the safety zones of landing fields. Jrt;e7e 127. A fine of two hundred fifty to five thousand colones, or the equivalent in imprisonment, shall be imposed on any person who: 1) Violates the prohibitions referring to rates for air services established in this law and the regulations issued thereunder; 2) Oinit~. or refuses to make or pi'esei~t the reports which the Board requires iii accordance with this law: 3) Fails to maintain or refuses to present accounts, registers and documents in violation of the requirements of this law; 4) Falsifies, mutilates or alters such reports, accounts, reg- isters, and documents: 5) Neglects or refuses to attend, testify, or answer during any legal investigation on safety measures in navigation, thus disobey- ing the summons or request of the Board: and 6) TJnnecessarilv ciivul~es. and with prejudice, any conficlen- tial fact or information which he may learn during an examina- tion of accounts, registers and documents of an air transport company or an entity of civil aviation. n equal penalty shall be imposed on any civil aviation entity or its responsible directors in Costa Thea, when it lacks representation or PAGENO="0511" AIR LAWS AND TREATIES OF THE WORLD 501 an agent with adequate legal authorit . if. after being requested by the Board, such an omis~idn is not, cured within the following fifteen dav~. J,tc7e 12$. A fine of one hundred to one thousand colones, or its equivalent in imprisonment, shall be imposed on any person who, in any other manner not contemplated in the 1)lecediilg articles, violates the provisions of this law or the regulations issued thereunder. Art~c7e 129. The application of tile above l)ellaltle.s shall not. preju- dice the prosecution of cr~ni1na1 actions which may be. in order for offenses covered in Chapter Ji Title VI of the Penal Code, or any other provisions of that Code or of the. Police Code. CIL\P~rn 1.11. PIi)CFI)i'fliT Ai~tic7e 130. The ijiemubers of the Loaid iiiav not intervene in the decision of any niatt er in wli cii t icy t 1~enise1 yes or any near relatives up to the second degree of coiisanguinitv or iillIii1tv have any direct interest. Tn order for all ordc~rs and provlsa r~ nf the I loam to have, validit. they must be incorl)orated in rue respective documents, and their proceedings shall be iii the pai dic doniatmi a ad open for access except when, in cases of national (letdnse, it is a teed that there shall be secrecy for the necessary time. Jihc7c 131. V~lieii there is su1iic~ent lustiheation to consider fhat sonic violation of this Lt w or the rc~Ifl1ltion j ied thereunder has been committed, the Board shall draw up the corresvomnhing administrative memorandum either ex officio. or upon request or written accusat Ion by any interested party who possesses legal capacity to bind hiiniself or make himself liable iii accordance wjtli the law. If a violation is provel, the procedure shall correspoitci to that in administrative mat- ters without prejudice to transferring to the judicial ittithiorities the grounds for action in the provisional proceedinps for the corresnond- ing effects, and a formal complaint or accusation shall he tiled, as the case may be, either directly or through the 0111cc of the Attorney Gen- eral of the Republic. Aiticle 132. The Board univ clele~~tte to one of its members, to the Director, or to an ad hoc inspector the procedure of collecting evidence in conmiection with the information mentioned in the preceding article and in Article 46 of this law. Article 133. The resolutions of the Board must state the reasons on which they are based and all interested parties lutist lie noti hedi, especially those who are clearly affected. The Air reu-u]itions and the Board resolutions shall become enforceable as specified therein, 1111(1 in the absence of such indication, on the day following their pUllicat ion in the Diaiio O/iciai, or of their notice to interested inuties. Aiticle 134. A review or revocation of a resolution of the Board may be requested within live days following notice tlieieoh ~~ii(l in oil eases a decision must. be rendered within the following five dioys from this p1esetittl lion. Artc7~ 13.i. Within ten clays following a notice of mejection of the request for review or revocation, tile affected party n~av appeal to the 1 i ibun il of \~dmmnisti ati~ e I itt ~at Ion ( I / / ( / ~( ,() o Admioist~atico). rflis Court shall ~ Oil t(~O I `~ s with counsel from three experts. one nanied by In ~ ni ~..`. ` y the PAGENO="0512" 502 AIR LAWS AND TREATIES OF THE WORLD Board and the third by mutual agreement between the parties. Never- theless, in any matter which relates to the performance of aciministra- tive functions, the appellant, if he prefers, may address his appeal to the Minister of Interior, who shall render a decision within thirty days following presentation of the appeal. Aiticie 136. The resolutions of the Board in the form of technical opiniOns on matters within their own discipline, shall be endowed with the highest probative value in both administrative and judicial r sdi Ct iOnS. Art~ele 137. The civil aviation companies shall designate a persoi~ of Costa Rican nationality to represent them in the temporary absence of a manager or assistant manager, with a(lequate powers and in the role of a special delegate in any proceedings and business with which these companies are concerned. PART VII. TRANSITIONAL AND REPEAL PROViSIONS C1IAPmi~ I. TRANSITI~NAL PRovIsIoNs Aitiele 138. The present members of the Civil Aviation Board and the Director General of Aviation shall commence to perform the first period of their functions on this date. j ,t/Cif 139. Fntil such time r~s re~ulat~ons are promulgated, the Board may decree, pi~ovisioi~a1ly and with binding pover and in ac- cordance with provisions of Article 51 of this law, observation of the regulations and standards in the air regulations of the Ijnitecl States of America, adapting these to the circumstances and needs of the domestic air transport.. CIIAI"rER II. REPEALS Article 141. This law repeals or modifies the relevant portions of any conflicting law or decree. PART VIII. DEFINITIONS Article 142. For the proper application of this law, the significance of technical terms employed therein are defined in the following sections: a) Airport: a defined area. of land or water, including its build- ings, installations and equipment, intended wholly or partially for the landing, take-off, movement, and service of aircraft; b) Airman: a person who is engaged in navigation of aircraft such as a pilot or crew member. An individual who is charged with inspection, maintenance, repair of aircraft, aircraft engines, propellers or appurtenances, and one who serves as aircraft dis- patcher or in charge of controlling air traffic shall also be so designated; c) Aeronautics: the science and art of flying; d) Aircraft or Airs/tip: devices known or which may be in- vented in the future, lighter or heavier than air, used in navigation or intended for flight in the atmosphere; e) Ciril Aircraft: aircraft which is not military or State air- craft; PAGENO="0513" AIR LAWS AND TREATIES OF THE WORLD 503 f) Costa Rcan Aircraft: aircraft registered in Costa Rica in accordance with this law and the regulations issued thereunder. An aircraft which does not possess these requirements is foreign; g) Military Aircraft: an aircraft used by the armed forces of the country, or placed at. their service; h) State Aircraft: an aircraft used in the service of a State; i) Air transport: transportation of passengers, freight, mail, baggage, etc., carried out by an aircraft, whether for profit or not; j) Air route: a route through the navigable airspace of Costa Rica, identified over an area of land surface, designated or ap- proved because of its fitness for civil aviation; k) Civil Aviation: the use of aircraft in air transport; for scientific, exhibition or propaganda purposes; in industrial, agri- cultural or health work; in sport, instruction or tourism; with re- lation to aviation schools; service shops; repair, reconstruction, manufacture, etc. of aircraft, aircraft engines, propellers and appurtenances; 1) Landing field: a maritime, river or terrestrial area suitable f or landing of aircraft; 11 [Letter in Spanish alphabet] Air Transport Conspany or Enterprise: A natural or corporate person engaged in air trans- portation; Domestic, if operating only within the country, or International, if operating between points in the country and locations abroad; m) Chicago Convention: the Convention on International Civil Aviation, signed in Chicago on December 7, 1944, which became enforceable on April 4, 1944, and which has not as yet been rati- fied in Costa Rica; n) Regulations i~s'ued under this law: air regulations; the regulations, standards and orders enacted pursuant to this law; the terms, conditions and limitations in the certificates and li- censes granted in accordance with this law; n) [Spanish alphabet] Director: The Director General of Aviation; o) Alienation of Aircraft: the sale or any condition or servitude imposed by means of a mortgage, attachment, etc., which affects ownership and other rights in an aircraft; p) Air Navigation Facility: any facility used, or which may be used or is designated to be used as aid to air navigation, including landing fields, lights, apparatus or equipment to receive and give weather information, signals, radio orientation, radio or electric communications and any other structure or mechanism for similar purposes to guide or control flight, take-offs or landings of air craft; q) Navigable Airspace: the airspace above the minimum heights prescribed by regulation in accordance with this law; r) Propellers: aircraft propellers, including all their parts, attachments and accessories; s) Board: Board of Civil Aviation; t) Aircraft Engine: engine intended for propulsion of air- craft, including all of its parts, attachments and accessories with exception of the propeller; u) Navigation of Aircraft~ Air Navigation or Navigation in the Air: Navigation of aircraft including the piloting of same; 29-737-65-vol. 1-33 PAGENO="0514" 504 AIR LAWS AND TREATIES OF THE WORLD v) Operation of Aircraft: use of aircraft for purpose of navi- gation. Any person who orders or authorizes the operation of aircraft with or without right or legal control thereof, shall be deemed to be engaged in the operation of aircraft for the inter- pretation and application of this law; x) [No "w" in Spanish alphabet] Costa Rican National: A Costa Rican citizen or corporation, duly registered and subject to the laws of the Republic., whose manager and president are Costa Rican citizens duly accredited with legal power to repre- sent them. y) Appurtenances. instruments, equipment, apparatus, parts, attachments or accessories of any description, provided they are not part of the aircraft. airc.raft engine or propellers, and which are used or may be used, or are capable of being used in the navi- gat ion, operation or control of aircraft flights, including para- chutes ~Ifl(l communication equipment. OThER LEoIsr~TIox IN FORCE 1. Deccce 4 (~! Xoveniber T. lOST, approves regulations for air travel in ( (-ta ib~.. ( La (Tocfa.. December 12. 1957) 2. l)eciee 4 of May ~O. 195~, i-sues rules for ~ion-schedulecl flights of aircraft. (La (;a(( t.'. ~r~- 2i. lOSS) 1. T)eiee 56 of May 21, 1959, issues regulations to implement non- schedules flights of aIrcraft. (La (laceta. May 24.1959) 1. Decree 6 of January 21. 1960. issues regulations of Article 69 of the civil aviation I a~v rega rcling al)pl ications for registration of air- (raft. (La G,iiccta, .Jaiiuarv 23, 1960) 5. T)ecree 45 of May 10. 1960, approves the regulation on pilot in- struction. (La Gaccta. May ~20. 1960) 6. l)eciee TO of November 23. 1960. adapts a regulation on private aviation. which includes pleasure and non-profit flying. (La Gaceta, Decenibc:~ I 0. 19(u)) 7. T)ecree 15 of February 14. 1961, approves the Regulation of Pri- vate Aviation and rel)eals the one in Decree 70 of November 28, 1960. (La G(Icita. February 15, 1961) S. I)eeree 19 of March 22. 1961, approves the Regulation for Air Line Pilots in Costa Rica. (La Gaceta. March 30, 1961) 9. T)eeree 1 of January 5, 1962, approves the Reglamento de Avia- Sb; J ( c-o/d or Regulation on Agricultural Aviation. (La Gaceta, ~January 9, 1962) PAGENO="0515" CUBA REGULATION ON CIVIL AVIATION DECREE 548 OF APRIL ~1, 19~8 1 GENERAL PROVISIONS First: This Regulation purpoi~s to govern all matters concerning civil aviation, private or eommercjal, net ioii:il or ±oreign, over the ter- ritorv o !~ the Republic of Cuba 511(1 its territorial waters in time of peace, and to establish the con(litions and requirements under which such aviation may take place. Except where expressly provided, these provisions shall not be appi icable to mu itarv avIation, whether national or foreign. This Re~nlation, as well as the provisions which univ be added to it or ssuc(l iii inlpleiilentation thereof, shall ~n1v apnlv during time of peace. Whenever a state of war or serious disturbance of public order has been declared or \vllen constitutional guarantees are wholly or pa~~tIally suspended throughout the national territory, the applica- tion. [of this Regulation] within said territolT shall he suspended, as shall the. rights granted to or acquired by private individuals under it. and OfliV the ~~ghts reserved to the State shall subsist for purposes of national defense or niilitary needs and its authority to exercise such rights sh~hi be that pertaining to the slate. of war or of serious dis- turbance of J)lIl)lic order, when officially declared, shall lift the suspen- sion aI1(l ;pso tefo restore all provisions and acquired rights. During the state of war or serious disturbance of public order air naviganoll shall be absolutely prohibited to nationals and aliens, eXcept )V special authorization of the Ministry of National Defense for special fig] is which shall be granted only in exceptional cases and in the public interest. Any person who violates this prohibition shall be considered to be a spy and the aircraft shall be brought down without prior notice. Second : The word "military" and the term "military service" as used in this Regulation, and always provided they are used ill provi- sions regarding aviation, shall include all persons employed in any manner in any of the branches or auxiliary services of the arnied. land, sea or air forces, and to all categories of acts, facts, works, efforts, etc.. which affect or originate from or resu1t~ from the functions, duties or inherent rights of the Armed Forces. CHAPTER I. GENERAL PraxcIPLEs AND PROVISIONS ~4i~t;c7c 1. The Sovereignty exercised by the Republic of Cuba over its territory, defined in Article 2 of the Constitution, shall include, its territorial waters. `Published In Gaceta Oflcial, May 2, 1928. 505 PAGENO="0516" 506 AIR LAWS AND TREATrES OF THE WORLD A it~7c 2.2 The President of the llepul)Iic. through the General. Headquarters of the Army univ grant or deny authorization to pri- vate airplanes, to fly over the territory, to alight on land or on water witlun its limits whether Cuban or foreign. Subject to the provisions of the present Regulation, such authoriza- tion shall be granted either generally to aircraft of a. particular nation, or individually to one or more aircraft. Any flight over national territory or any landing thereon without prior authorization shall be considered unlawful and shall subject the aircraft. and their crews t.o the penalties imposed by the laws and reg- ulations and t.o the jurisdiction of the national courts, except in dully proven eases of emergency or forc.e.d landing. However, Cuban consuls abroad, shall be empowered during peace time to authorize flights to Cuba by foreign sport or tourist a.ircraft [and they must] communicate to the General Headquarters of the Army the date of arrival, identification mark of the aircraft., t.he list of passengers and crew, and the airport of landing. Article 3. For all legal and international effects, the Republic of Cuba shall c.onsider as "war materiel" all aircraft, accessories, in- strtiments and equipment thereof, and tools and documents they con- tain, regardless of their fonn, origin or use, and therefore, they shall ho subject to expropriations seizure, utilization, confiscation, intern- ment or destruction in the cases and in accordance with the rules and principles of international law and of the domestic laws. Article 4.3 For the purposes of this Regulation "aircraft" shall mean any contrivance of locomotion used for the transport of persons, mail, merchandise and goods of a.ny kind, capable of rising and circu- lating in the air. Article 5. "Airdrome" shall mean an area or space on land previ- ously marked out, identified and intended for the take-off and landing of terrestrial aircraft. The State as well as private persons may construct and own air- dromes for public or private use but private persons must first obtain special authorization and submit to the rules and conditions estab- lished for their use in this Regulation and those issued in the future. National or foreign persons or companies, who, after being duly au- thorized, establish and maintain public air transport services, may obtain from the Government in time of peace, free use of the airports of the State in the cases, manner and conditions established by the Ministry of National Defense; [they may also receive] the necessary aid from public, civilian or military officials and employees attached thereto or t.he necessary facilities to repair damage or to aid persons. The owner of the aircraft shall only reimburse the State for the value of the materials. Public officials or employees who are requested to do so, and refuse to lend the necessary aid in accordance with the provisions of the pre- ceding paragraph, sha.ll be subject to administrative punishment and penalties established by law if they are civilians, and if military per- ~onnel, they shall be court martialed for insubordination. The President of the R.epublic may grant for a limited time and pre- determined conditions the exclusive use of State territory for purposes 2 Amended by Decree No. 695 of May 28, 1930. 8 Amended by Decree No. 1402 of August 22, 1928. PAGENO="0517" AIR LAWS AND TREATIES OF THE WORLD 507 of air transportation to any Cuban or foreign person or company who establishes and maintains public services of that type. Article 6. "Airports" shall be deemed seadromes and mouths of rivers which, because of their location, conditions, capacity and be- cause of the organization within them of customs police and sanitary and immigration services, may be utilized for the landing and take-off of hydroplanes. "Airports" as well as the location or place t.herefor particularly designated for the use of aircraft shall be specified in this Regulation or by Presidential Decree. The President of the Republic may grant the right of exclusive use or use for a limited time and under predetermined conditions, for a specific space or place or an "airport" to individuals or companies na- tional or foreign, which establish and maintain scheduled public air transport services within the national territory or between such ter- ritory and other countries. The provisions of the third and fourth paragraphs of the preceding article on the use of State airdromes and installations for aircraft or persons travelling thereon shall be applicable to State "airports" and to officials and employees of the port services and to those of the Navy located thereon. Article 7. All civilian, military or naval, public officials or employees whatever their rank, condition or category, and especially those of the customs, maritime or land health services, immigration services and the police, who by reason of their duties must participate in the dis- patch or inspection of national or foreign aircraft that are duly au- thorized to fly over or across national territory while perfoming some public sevice, or who fulfill some necessary formality or requirement for their legal functioning or who give the aid necessary to effect repairs or to assist or help some person carried or abandoned by [the aircraft], or supports the authorities or protects the commander of the aircraft, shall do so gratuitously and with priority to all other services, without any pretext or excuse and without the slightest delay, what- ever may be the hour and day of the occurrence and of the arrival or departure of said aircraft., always provided that [these services] are requested, even though verbally, by the commander of the aircraft or his legal representative in any of the above mentioned cases. An official or employee ~ who, without clearly justified cause, in the judgment of the President of the Republic and after hearing the Aeronautics Commission a.nd the interested party, by negligence or carelessness interrupts, damages or endangers in any manner the pub- lic service performed by an aircraft or the security thereof, shall be dismissed in accordance with the law if he is a civilian and judged in accordance with the provisions of the Military Penal Code if he is a military or naval person, without prejudice to other liabilities he may incur for the damage caused. Article 8. The processing, examination and dispatch of the docu- mentation of aircraft used for public services, of their crews and pas- sengers and of the cargo, shall be handled in the appropriate offices and by the respective officials with the greatest dispatch, and shall be facilitated as much as is permitted in compliance with laws and regulations, without payment of fees, taxes or honorariums other `Amended by Decree No. 695, May 28, 1930. PAGENO="0518" 508 AIR LAWS AND TREATIES OF THE WORLD than those necessarily imposed according to existing laws, whose pay- ment cannot be forgiven, suspended or exempted by the Executive Power. With the same facilities, speed and exactness there shall be supplied freely to the pilots or commanders of aircraft any reports they re- quest from the appropriate centers, establishments or offices of the State. concerning time or weather or sea conditions over the whole na- tional territory, as well as the existence of fuel, water, repair shops, mechanical parts and other supplies whose use could be required, routes, means of communications, topographical and hydrographic charts, signals. etc. and medical assistance and whatever else, may be necessary or convenient in any form for the greater safety and ef- ficiencv of aerial navigation. mv dispatches which for better in- formation public officials or employees must transmit by telegraph, telephone or radio of the State shall be deemed official and urgent. CHAPTER II. BUIiEA-ETT OF AVIATION AND CIVIL AERONAUTICS Artie7e~ .9 md 10. (ilepenled by Decree no. 752 of March 13, 1953) Art?'ele 11. The Chief of Staff of the Army may, in regard to mat- ters relating to the Aviation Section and for purposes of information in general, communicate directly with any public official or employee, or public civil or~anization. office, establishment, observatory or in- stitution, national, provincial or municipal, with merchant ships of Cuban nationality and with stations or in~tallations of public rail- roads: and such officials or employees and chiefs or persons in charge of said offices, or establishments, captains of ships and chiefs of rail- road stations shall he ohli~ed to reply or renort. to the Chief of Staff of the Army by the most rapid means, fully and in detail with all exactness. They are also required to issue documents, affidavits or copies without any fee and under the liability imposed in Article Seven. Art ide 1~. When the Chief of Staff of the Army deems it. necessary or convenient for the greater speed and efficiency in the preparation, study. processing of solution of some matter under his jurisdiction, he may request. through the Ministry of National Defense, that some technical public official or one especially competent in matters of cus- toms, immigration, health, communications or a. professor of the TJni- versity or institutes or an official of the Corps of Engineers, Signal Corns or Bureau of Ships, appear personally l)efore the Bureau [of Civil Aeronauticsl at one or more of its meetings for the purpose of infe~rmincr, counseling or advising orally or in writing.6 The Ministers or Chiefs of Departments or independent officials who have jurisdiction over the respective branch of service or to which the official is attached whose counsel or opinion is desired, shall order him to appear before the Chief of State of the Army on the day and at the hour determined by the. latter for the snecified purpose. In the same manner the Chief of Staff of the Army may apply for the assistance or temporary use of any laboratory, shop, museum, field or experimental station or of apnaratus, artifacts, instruments, tools, materials of private property, or belonging to the. State, when he needs them for investigations, studies, tests, experiments, etc. relating to the ~ T'~i~j. 6 Th1~ paragraph was modified by Decree No. 695, May 28, 1930. PAGENO="0519" AIR LAWS AND TREATIES OF THE WORLD 509 matters under his jurisdiction or in the interest of the development, progress and safety of air navigation. A itklc 1± The Aviatioli Commission shall repoi.t to the Bureau of Aeronautics on the matters occurring here in Or(ler to 1. Promote, develop and facilitate the development of civil, commercial or sport air navigation, whet her oiiicial or pI'ivate, national or foreign, in the Republic. of Cuba, 011(1 between it and other nations. ~. Prepare or execute studies, plans and ~)rojects concerning air routes, prohibited zones, airdromes, airports service installa- tions and signal stations, store deposits of parts, fuel, repair shops, medical assistance service, comm~inicat ions, salvage., factories, aviation schools and anything necessary or useful for the develop- nient 011(1 aid to air navigation in the liepublic. 3. Obtain, collect, facilitate and publhzh national or interna- tional information on matters of interest to air navigation, espe- cially with regard to mechanical improvements, designs, construc- tion, discoveries, inventions, experiments. tests, and conipet itions. applicable or useful to air navigation; radiotelegraphy, telephone, signals, meteorology, radio, and medicine applicable to the art of flight, topographic and h'vdrographic maps, routes. l)hotography and air legislation, statistics on and history of aviation. 4. Cooperate by all available means and resources toward greater efficiency of military and naval aviation of the Republic. 5. Examine and evaluate the documentation and provide for the inspection and testing of aircraft, their engines, instruments and accessories when the licensing of these for air navigation over national territory is sought, and to report on the issuance or denial of such license and the conditions thereof. 6. Examine and evaluate the personal and technical documents of persons who wish to navigate in the air over national territory as pilots, mechanics, telegraphers or crewmen who in any manner participate in the operation, direction, management or handling of aircraft, and report whether they should be so authorized with- out. prior examination and other tests established in this Regula- tion. 7. Provide and regulate all matters concerning the form and manner of inspection, classification and tests of aircraft. and phy- sical and technical examination of persons who may he authorized for air navigation over the national territory and for the opera- t.ion of such aircraft.. 8. Establish in the proper manner systems of signals and rules of air transit to be uniformly observed in the Republic. 9. Report on applications for permission to take aerial photo- graphs or motion pictures over the national territory, or to make charts or maps thereof. 10. Report on private individuals who apply for permission to establish within the national territory aircraft. factories or fac- tories for replacement parts and accessories and warehouses or establishments to be used for their sale to the public: to construct or establish airdromes or airports and service supply stations for public use. 11. Report on the approval of rates, prices, insurance, bonds, fees, taxes, etc. regarding public services of air transport, and on PAGENO="0520" 510 AIR LAWS AND TREATIES OF THE WORLD subsidies, gift or financial aid from the State, provinces or munici- palities to individuals for the establishment and maintenance of such services. 12. Keep the Registers and books of registration of aircraft of all categories constructed in the national territory, of those im- ported and admitted or authorized for air navigation over said territory and between such territory and foreign countries, duly classified a.ccording to power, capacity, form and purpose; show- ing nationality, ownership, crew, means of communications, use for which they are intended, place where they are kept and nor- mally land, airdromes they utilize and routes they follow, acci- dents they have had, important repairs or changes made to them and a complete history of the aircraft until their final grounding. 13. Keep the Registers and log books of pilots, mechanics, radio operators and their aides officially authorized for air navigation over national territory, of teachers and instructors of aviation so authorized, of chiefs or persons in charge of airdromes, repair shops and service stations useful for aviation, of aviation schools or academies, their personnel, teaching staff and students, keeping the appropriate personal and technical data. 14. Report on the permissions sought for the establishment of aviation academies or schools in the Republic and, once they are established, to inspect said schools, especially with regard to the plans or methods of teaching, qualification of the teaching staff and utilization of equipment. 15. Submit to Governmental, provincial or municipal centers, when so ordered by the Ministry of National Defense, the back- ground data deemed appropriate on resolutions of the Minister, with the object of obtaining better coordination in air services. CHAPTER III. AIRCRAFI'-THEIR CLASSIFICATION OR NATIONALITY Requirements for admission to air navigation over the nationai territory. Article 14. For the purposes of classification, aircraft shall be di- vided into official and private. Official aircraft shall be those which belong to the State, to the pro- vinces or to the municipalities or which are in tile exclusive service of these entities; they shall be classified as: a.) Military-when they belong to the Army or Navy, or when they are commanded by an officer of said forces in military or naval service. b) Administrative-when they are used in any public or official service. Private airplanes shall be those which belong to any person, company or any private civil or commercial institution or company, and they shall be classified as: a) Commercial: when they are used for the commercial trans- portation of persons or cargo. b) Training: when they are used for the teaching, preparation or training of pilots, mechanics, etc. c) Recreation or Sport: when they are used solely for such purposes. PAGENO="0521" AIR LAWS AND TREATIES OF THE WORLD 511 1) Experimental: when they are used for studies, observations, tests or trials for the purpose of learning, testing or proving the efficiency, utility or functioning of any contrivance or constructed for air navigation. Article 15. Aircraft shall have the nationality of the country in which they are registered for the purposes of air navigation. Artcle 16. All aircraft in existence, constructed in, or imported into the Republic of Cuba, shall be registered by their owner with the Min- istry of National Defense, whatever the purpose for which they are used, and their class and type, capacity, class of engine, horsepower, and speed, as well as their horneport shall be noted. Article 17. In order to circulate in the air over the national territory and the jurisdictional waters, all private aircraft must be registered with the Ministry of National Defense and possess the authorization issued by that Ministry as well as a certificate of air worthiness for the aircraft, for the airdromes or airports used for landing and one of qualification of the pilots and other crew members. rfhese documents must be countersigned by the commander of the aircraft. For the same purpose, foreign aircraft, registered in their country of origin, must be registered with the Ministry of National Defense and must possess the documents listed in the preceding paragraph. Article 18. Tn order to be registered or listed as specified in the pre- ceding article, the operator of any aircraft shall declare the names of, and other general information regarding the persons composing the crew. Any change or substitution, however temporary, of the personnel comprising the crew must be reported to the Ministry of National De- fense on the same day or the next working day by the operator or owner of the aircraft or by his legal representative. Article 19. Official aircraft shall bear emblems or distinguishing marks which will be determined by the competent authority, the use of which shall be Defense. Private aircraft shall be distinguished by the mark of their nation- ality and registration which shall be prescribed by the Commission tak- ing care that they are not susceptible of being confused with the official marks.7 It shall be obligatory for private aircraft to display visibly and in the manner and place determined by the Ministry of National Defense the marks of nationality and registration. Foreign civilian aircraft shall carry the documents and display the marks and distinguishing characteristics provided for in the laws of the country to which they belong. Article 20. In order to be registered in the Republic of Cuba, aircraft must belong to persons, companies, societies or institutions located in the national territory in conformity with, and subject to its laws. Article 21. An aircraft which is registered in a foreign country may not be registered in the Republic of Cuba until it is duly proven that the former registration has been cancelled. Nevertheless, the. laws and provisions regarding the registration of vessels before consuls of the Republic abroad shall be applied to air- craft. that are the property of Cuban citizens or companies. In such cases the owner must comply with all the requirements established in Paragraph 2 was modified by Decree No. 695, May 28. 1930. PAGENO="0522" 512 AIR LAWS AND TREATIES OF THE WORLD this Regulation as soon as the aircraft is brought. to national territory. Consuls shall immediately make a. detailed report t.o the Ministry of Nat ioiiai Defense of all national registrations of aircraft taking place in their prese1~ce and with their participation. ~4itc7e 22. Any person. society, companY or institution which re- quests registration of one or more. aircraft to be used for the transport of passengers or cargo, must accompany the application with a cer- tified copy of the specifications of such aircraft. in order to just.ify their capacity to perforiii the corresponding service. There should likewise be attached copie.s of the. flight plan or route to be followed, a state- ment. of the personnel composing the. crew of each ship and the certifi- cates referred to in the. following article.. Ji'f~7e 22. In order that. an aircraft may be registered or recorded it must first be provided with a certificate of air worthiness, one of the place where it lands and one of competence of it.s crew. Without ful- filling these requirements a certificate of registration or listing may not be is~ued to any aircraft. Ait;e7e 24. All aircraft must be provided with the instruments and the safety equipment necessary for air navigation; these. shall be deter- mined by the Ministry of National I)efense; without fulfilling this requirement. they shall not be permitted to fly. Ait;c7c 2~5. Certificates of registration shall only be valid for one year, and may be. renewed on the. da.tes a.nd under the conditions fixed by the Ministrv of Nationa.l Defense. J,t;~c7c 26. In the ease of transfer of title to an aircraft, the former as well as the new owner shall be obliged wit.hin five days to notify the Ministry of National Defense, requesting that the registration issued be cancelled as of the date of notification and proposing that the new owner of the. aircraft. be issued a new registration. Avtic7e 27. In the case of loss, destruction or disuse of an aircraft, its owner shall notify the Ministry of National Defense within the shortest possible time so that it ma.y be taken off the respective registers. If it deems it convenient the Ministry of National Defense may investigate and prove the fact that the ca.use of the loss or disuse in order to proceed accordingly. Aif n-fe 28.~ No aircraft may have, radio or telephone equipment without legal authorization and such authorization shall state the use o he made of such equipment. The. per~oii who operates the above equipment shall also be in pos- SeSSion of a special license. Ai reraft authorized to transport passengers which must have radio reeelviniz and transmitting equipment may be. exempted from such prohibition. ~l i/e7e 29.~ When foreign aircraft fly over the national territory and have radjo e(fll]pment. aboard, they may use such equipment. only in the siti.iations authorized by the laws of international conventions rat fled by the Republic and always only with prior authorization is- sued by the Ministry of National Defense. wtn-7e 20. No aircraft. of any nationality, may carry photographic or topographjc apparatus or instruments for its use without. special le~1ission from the Ministry of National Defense. Modified by Decree No. fi95, May 28, 1930. ~ Ibid. PAGENO="0523" AIR LAWS AND TREATIES OF THE WORLD 513 Artcle 31. Any aircraft used for the transportation of passengers and merchandise which intends to fly over the national territory must carry the following documents: First: Certificate of registration or listing Second: Certificate of airworthiness Third: Certificate of competence of the personnel Fourth: List of passengers Fifth: Report of personal baggage Sixth: Cargo manifest Seventh: Authorization referred to in Article 28 if it has radio equipment Eighth: Log books determined by the Commission 10 Fore.i~n aircraft must also carry the authorization referred to in Article 2 when they are flying in transit. Article 32. Periodically and by the agency or official designated by the Ministry of National Defense, all registered or recorded aircraft shall be. inspected, and the airworthiness certificates shall be either renewed or cancelled. The cancellation of this certificate shall entail that of the registration or listing. Aiticle 33. The Commander of any aircraft or member of the crew in c.ha.rLre thereof, and the chiefs or managers of airdromes, airports or hangars where aircraft are located, shall admit any naval, military, po1~ce, customs, health and immigration official and permit their in- spect ion of the premises. Ji tic7c 34. The. Government of the Republic may at. any time cancel the ~miit.horiz~it.ion to fly over national territory of any foreign aircraft for reasons of a military nature, of safety, public order or convenience, or for any other cause which may be freely evaluated, without being obliged to express it. Avtici.e 35. The re.gist.rat.ion of any aircraft registered in the. Repub- lic may i)e cancelled and the flight, permit revoked without prior notice when the Government deems it. necessary. ChAPTER IV. REsTEIc~oNs AND LmIITA'rloNs ON AIR TRANSPORT AND Pnovisioxs; ON PLTBLIO SAFETY A iti~c7e 36. It shall be absolutely prohibited in the Republic of Cuba to transport or carry on aircraft. anY arms, munitions, explosives, drugs whose use or sale is prohibited or any other goods or merchandise whose sale. or importation into the. Republic is prohibited by law. Violations of the. provisions of this article shall result in the confis- cation of the aircraft without thereby affecting other liabilities for which they must answer under national laws. Ai'ticle 37. Aircraft authorized for the regular transportation of passengers or c.argo may only fly over the route determined in the authorization and land in the places similarly designated, and shall be subject to the provisions of National Defense. Only in the ca.se of emergency, accident or bad weather may noncompliance with this provision be excused. Jiticle 58. It, shall be prohibited for any aircraft in flight, over the national territory to throw out packages or any other object. Any person who violates this provision shall be liable for t.he injuries or 10 IbId. PAGENO="0524" 514 AIR LAWS AND TREATIES OF THE WORLD damages they cause and shall incur in addition the penalties estab- lisheci by the national laws. Excepted from this provision shall be balloons which do not use mechanical means of propulsion and which do so [throw out objects] to reduce the ballast, as are aircrafts used for the transportation of mail or parcel post in the cases where they are authorized to drop the pouches, in places agreed upon in advance. Article 39. It shall be prohibited for any aircraft, whatever its na- tionality and destination, to fly over prohibited air zones which shall he determined, marked and made known by the Ministry of National Dc fense. Jrticle 40. It shall be prohibited to do acrobatics or dangerous maneuvers over cities, villages or towns or over crowds or meetings of persons. Such maneuvers may he undertaken only over airdromes and with prior authorization. Nevertheless, acrobatic or maneuvering flights may be authorized as public spectacles or exhibitions over determined places, which must be stated in the authorization. Article 41. Any aircraft, whatever it nationality or destination, shall alight on land or water when such an order is transmitted or con- veyed by signals from any military post, warship of the Republic or Airdrome. Article 42. Any airship, whatever its nationality, shall be subject to provisions of the laws, concerning land or maritime public service transportation in all cases not provided for in this Regulation. Article 43. In regard to passage or merchandise the liability of companies societies or individuals who operate air lines, shall be gov- erned by the provisions of the laws of the Republic concerning land and sea transportation. Article 44. Foreign aircraft which enter national territory may iiot take on passengers if they are not previously authorized for this pur- pose. They may only be authorized when there is no transport line already established and in active service which uses the same route to be. used by said aircraft. Article 45. The provisions on police, health, immigration and cus- toms shall be applicable to air navigation unless expressly excepted, modified or provided for in this Regulation and they shall be applied so as t.o take into account the special character of such navigation. Article 46. Companies, societies or individuals operating air lines for transportation of passengers or merchandise must establish and maintain airdromes or airports in each place assigned on the route they use and which has been authorized for them, and which must be duly equipped and provisioned for the comfort and safety of the per- sons utilizing sa.id means of transportation, as well as emergency landing fields between these stations. Ar'icie 47. Airships used for the transportation of passengers or merchandise may use the airdromes and airports of the State provided they have authorization to do so. Article 48. In the case of night flights the companies, societies or individuals who operate transport lines, shall illuminate the landing fields and airports and establish light signal and the required beacons in the manner a.nd number ordered by the Ministry of National Defense. Article 49. No aircraft may alight on land or water except on the airdromes and airports lawhilly established, except m the case of PAGENO="0525" AIR LAWS AND TREATIES OF THE WORLD 15 forced landings because of emergency. bad weather, accidents to per- sons, or lack of fuel or oil. Article 50. Companies, societies or individuals who own aircraft shall be financially liable for the damages, defects or emergencies caused by said craft as well as for the consequences of forced landings that they may have to make. Article 51. All airdromes, emergency landing fields and airports shall be under the supervision of the Ministry of National Defense, and they shall not be open to public service without prior authoriza- tion. Article 5~. `Whenever it deems it necessary ti'e Government may order that the roofs of railroad stations, mills, barracks or other public or private buildings be painted in a particular color or manner or display the name or location of the same, so that they may serve as points of reference for aircraft to clet ermine directions. Article 5.3. The Government may order any individual or company to extinguish, cover or protect in a special manner any light, beacon or lantern so that it may not be confused with the light signals that serve as nocturnal navigational guides. A,~tic7e 54. In cases where it is necessary to establish beacons for air navigation and where they may project light over the sea, the Ministry of National Defense in agreement with the Mini~try of Public Works may issue the necessary orders to avoid confusion with maritime bea- cons and may give due publicity for the information of the maritime interests. Article 55. Common and special laws of the Republic shall be ap- plicable to all crimes and misdemeanors committed by owners, pilots, crewmen or passengers of any aircraft, national or foreign, encountered within the national territory. Article 56. The President of the Republic may provide, when he be- lieves it necessary to public order or service, that an officer of the army or of the navy, as a delegate of the Ministry of National Defense, in- spect, supervise and direct the companies, societies and individuals who own airships which are subject to the provisions of this Regulation. CHAPTER V. CREWMEN OF AIRCRAFr Article 57. For purposes of this Regulation pilots shall be deemed persons in possession of license to operate, command and direct air- craft whether issued by a national or a foreign school. Article 58. No pilot may operate an aircraft for a flight over the national territory if he is not previously and duly authorized to do so. Article 59. Pilots possessing a license from a foreign school must also have a certificate of competency issued by the Ministry of National Defense in order to fly over national territory for commercial purposes. Notwithstanding the possession of a license as pilot, the Ministry of National Defense may refuse authorization to fly over the national territory when it deems it convenient. Article 60. Periodically, and on the dates to be determined by the Ministry of National Defense, pilots operating aircraft used for the transportation of passengers or merchandise must submit to a physical examination. Those who do not comply with this requirement shall lose their authorization to fly, and the certificate of competency re- ferred to in the preceding article shall be revoked or cancelled. PAGENO="0526" 516 AIR LAWS AND TREATIES OF THE WORLD Art,cle 61. Pilots possessing a license issued by an official school or one authorized in the Republic shall be excepted from complying with the provisions of Article 59. they are only required to submit periodi- callv to a physical examination. Art?cle 62. The Government may revoke without expressing the rea- son the authorization issued to any pilot referred to in Article 58, when it deems it convenient, whenever it is proven that he habitually imbibes alcoholic beverages, drugs or intoxicating substances. Article 6.3. Pilots in command of aircraft shall be responsible for seeing that the rest of the crew as well as the passengers comply strictly with the provisions of the present Regulation and the rules that may be e~tablished by the Ministry of National Defense. The ri~hts and obligations of pilots and other crew menihers among themselves and in relation to the owners of consignees of the aircraft who employ their services shall be regulated by the laws and provisions of the Republic regarding crews of land or maritime carriers, accord- ing to the classification of the aircraft. Article 64. Appropriate rules and instructions in regard to licenses for flying, examinations for pilots, mechanics. etc. and physical exami- nation of the crews shall be issued by the Ministry of National Defense. Final provision. All laws and regulations in conflict with the provi- sions of this Regulation shall be repealed insofar as they are incom- patible with the purpose thereof. This Regulation shall take effect upon publication in the Gaceta 0/Icial. OThER LEcIsL~~TIoN IN FORCE 1. Decree 2949 of July 10, 1951, adopts the Regulation governing the Civil Aeronautics Board (Junta de Aeronautica Civil). (Gac eta Oficial. July 28, 1951) 2. Law-Decree 59 of May 9, 1952, provides for documents and re- quirements for entry and departure of aircraft, as well as covering passengers, baggage and freight which they carry. (Gaceta Oficial, May 13, 1952 (e.str.)) 3. Law-Decree 633 of .Januarv 16, 1953. adopts provisions on pleas- ure flights between Cuba and the United States. (Gaceta Oficial, January 19. 1953 (extr.)) 4. Resolution of January 6, 1953, approves the fulfillment by the national airlines of all requirements fixed for the commencement of scheduled public passenger, freia~ht and airmail services between New York and Havana, with optional stopover iii Washington. (Gaceta Oflcai, April 1, 1953') 5. Law-Decree 801 of March 27. 1953, provides that new or used aircraft imported into Cuba for private use exclusively, or for pleasure flights, or for aviation schools, shall he exempt from payment of customs duties. (Gaceta Oficial, April 13, 1953) 6. Law-Decree 877 of May 27, 1953, provides that the identification marks required on places listed, including public buildings, railway stations, industrial plants. etc.. shall be ckarly shown on the roof as a guide to aircraft. The name of the city shall be used. (Gaceta of~;a.7, May 30, 1953) 7. Decre~ 1104 of September 30, 1953, reorganizes the Civil Aero- nautics Board of Cuba.. The composition of the Board, functions of other officials, such as inspectors of airports, technical and policy ad- PAGENO="0527" AIR LAWS AND TREATIES OF THE WORLD 517 visers, legal adviser, chiefs of other offices, are covered in this decree. (Gaceta Oflc~~al. October 6, 1953) 8. Law-Decree 1129 of October 20, 1953, authorizes the National Transportation Corporation to engage doctors to give medical exami- nations to civilian pilots. Decree 202 of February 1951, approves the regulations to implement the above law-decree on periodical examina- tions to all pilots. (Gaceta Oflcal, October 21, 1953 and February 16, 1954) 9. Law-Decree 1501 of June 30, 1954, repeals part of the final pro- visions of Law-Decree 1486 of June 10, 1954, on membership of the Civil Aeronautics Board and of its Technical Advisory Commission. (Gaceta Ofichil, July 5, 1954) 10. Law-Decree 1863 of December 22, 1954, creates the Civil Aero- nautics Commission, as a government, organ, under control of the Na- tional Transportation Corporation, with its own corporate personality. (Gaceta Ofical. December 27, 1954) 11. Law-Decree 1960 of January 25, 1955, nationalizes all telecom- munication systems used in aviation, and for control of flights. These shall be operated exclusively by the national government under the conditions expressed. Also provides for cancellation of certain per- mits, provides procedures for transfer of equipment to the government, and other measures. (Gaceta Oflca7, January 27, 1955 (extr.)) 12. Law-Decree 2058 of January 27, 1955, proclaims the continued enforcement of Decree 249 of 1935 and its regulation in Decree 2056 of 1940, as well as of other decrees of 1947 and 1950 which granted tax exemptions to airlines, foreie-n and national, on gasoline, oil and lubricants which they used. These early decrees had been unenforced for some time between the promulgation of Law-Decree 1531 of 1954 and the present enactment. (Gaceta Oficai, February 7, 1955 (extr.)). 13. Law-Decree 2137 of January 27, 1955, grants an indirect sub- sidy to national airlines, while under contract with the Nation, con- sisting of an exemption of excise taxes, consular fees and other charges collected by customs, as well as on real property rights and transfer of property. (Gaceta Oficai, February 9, 1955 (extr.)) 14. Decree 823 of April 4, 1956, grants foreign and national airlines exemption from duties and other import taxes on the importation of engines, spare parts. accessories and other equipment for aircraft. (Gaceta Oficial, April 23, 1956) 15. Decree 1011 of April 19, 1956, adopts the Regulation on Public Ar Transport Services. Its provisions cover licenses, operation of airlines, contracts with and between airlines, or airlines with foreign governments, suspension of licenses, fees for passenger and freight carriage, charter fl~ghts, etc. (Gacefa Oflca7. May 25, l95(i~ 16. Resolution of October 4, 1956, of the Civil Aeronautics Commis- sion, amends Article 10 of its General Order 15 on rules to obtain registration and navigation certificates. The amendment concerns requirements in applying for temporary licenses for air iaft. (Gaceta Oficial, December 19, 1956) 17. Resolution-Law 69 of November 29, 1958, provides that the. Civil Aeronautics Commi s~on shall be ill charge of all matters concerning air navigation, transportation, air rescue and salvage matters, infor- mation, ~tc. (Gaceta Ofidal. December 3, 1958) 18. Circular 63 of March 21, 1960 issues new regulations for supply- ing and outfitting of ships and airplanes. (Gaceta Oficial, April 22, 1960) PAGENO="0528" PAGENO="0529" CZECHOSLOVAKIA Law of July 11, 1951 No. 63/1951 Coil, on Liabi'lity for Injuries Caused by Transport Conveyances a~ amended by Law no. 58/1956 Coil.1 SECTION 1 (1) An operator of a railroad, motor vehicle, airplane, motor driven vessel and an operator of transport~ carried out with other vessels [hereinafter: "operator" and "vehicle"] shall also be liable under this law for injury caused by the special nature inherent in the operation.2 (2) In doubtful cases the owner, or each joint owner of the vehicle shall be presumed to be its operator and, if a vehicle which is in the charge of a socialist legal entity is involved, that entity shall be pre- sumed to be the operator. SECTION 2 (1) If a vehicle is delivered for repair, the repairman shall be pre- sumed to be the operator until the return of the vehicle. (2) In the event that somebody uses a vehicle without the knowl- edge or against the wishes of the operator at the time of injury, the user instead of the operator shall be liable for the injury. In addition to the user, the operator shall continue to be liable provided he negli- gently made, such use of the vehicle possible; if a person close to the operator makes use of the vehicle in this way, it shall be presumed that the operator by his negligence made the use possible. SECTION 3 If several persons are liable for the injury they shall be jointly and severally liable, unless hereinafter provided otherwise. SECTION 4 (1) The operator and the person who in his stead or in addition to him, is liable for the injury, shall be relieved of the liability only in the event the injury: 1. was caused by the negligence of the~ aggrieved party; or 2. was caused by an act of a third party that could not be pre- vented; or 3. could not be prevented and was due neither to the condition of the vehicle or other operational facilities, not to the failure or deficiency of the operational facilities or organization of persons employed in the operation. The 1.951) Civil Code (Law No. 141/1.9:50 CoIl.) hereinafter referred to as "Civil Code' has been replaced by the 1.904 Civil Code. cc. 509(11 ) (Law 40/1904 Coil.), effective April 1 1 904 ..\cof that date L~~v No. /1 fOSi Coil. was ilro~rn ted. 2 Damages, in general, are governed by Chapter XVI of the 1950 Clvii Code, Law of Oc~ tober 25, 1950, No. 141/1950 Coil. 519 39-737~-~--65-vol. 1-34 PAGENO="0530" 520 AIR LAWS AND TREATIES OF THE WORLD (2) The act of the aggrieve(l paity for whjch lie is not responsible l)ecause of his minority, or health, or mental derangement, or physical djsabihitv, shall be deemed his fault. X person employed in the operation shall not be considered a third party. (4) The act of a third party and an injury shall be deemed un- avoidable wheii they could not be preveute(1 by the use of care required by the conditions. SECTION 5 Compensation shall be pa Id for injury caused 1. by death or bodily harm whether the injured party is or is not a passenger; 2. by destruction of, or injury to property of the injured party, or theft or loss thereof, provided the injured party has been de- prived of the custody thereof; 3. by destruction or injury of other things other than by injury caused by (lamage, shortage. or loss of things being transported is concerned aiid as far as the liability for such injuries is not covered by other legal provisions or by agreement of the parties. ~1:UT1oX (i \Vhien the injury or the extent thereof is partly due to the fault of the injured p~~'~y or to the act of a third party, the party liable under this law shall pay compensation for it ill proportion. SECTION 7 (1) The substance and the extent of damages shall be governed by the Civil Code. (2) The maximum of the compensation may be fixed by the Cabinet by decree. SECTION 8 (1) If the injured party, for death or injury to health, collects benefits from the national insurance, military medical care or receives subsistence ahlowaiiees of the members of the armed forces, the clam- ages shall be reduced v the amount of these. benefits. (2) [Subsection 2 was abrogated by Law No. 58/1956 Coil.] SECTION 9 If the conditions which are decisive for the determination of an annuity change substantially, the annuity may be decreased or in- creased. or its paylnellt stopped, or the payment of the. stopped annuity lilay be renewed. SECTiON 10. STAYUTE OF lIMITaTIONS AND OBLIGATION OF NOTIFICATION (1) Claims for damages under this law shall be barred by the lapse of six mimonths from the day when the injured party discovers the ex- tent of the injury and the person liable therefor. If the injured party does not learn about the damage and the person liable., prosecution of PAGENO="0531" AIR LAWS AND TREAIIES OF THE WORLD 521 the claim shall be barred by the lapse of three years froni the day when the injury was caused. (2) Lnder this law, the in]ure(l party may claim damages Ofli~ if he, within one month from the da lie found out the person liable, notifies such person of the accident. If lie does not take such action, the claim shall terminate unless the injured party is not responsible for expir~il ion of f lie term or unless the persoii liable learned of the ac- cident in another way within that time. SECTIoN ii. EXCLT~SION OF LL~BILIry Liability for injury caused by death or injury to health may not be excluded or limited under this law when it. concerns passengers or persons who, are. in a relationship of employer and employee and are regularly or for l)erformance of specific work employed in the area of the operational facilities of the vehicle involved. Otherwise, liability may be exchicled or limited only by an agreement in writing. SECTION 12. EFFECT OF OTHER PROVISIONS TThless the. cases specifie.d in Section 8, subsection 2 are involved, liability under the Civil Code shall not be excluded by this law except for liability for injury caused in the course of an operation which is especially dangerous. However, the party liable under this law shall always be liable for acts of the person employed in tile operation. SECTION 13. LIABILITY FOR INJURIES ARISING FROM COLLISION Claims for damages accruing from a. certain event to a party who would be liable under this law, against another party who would be liable under this law l)ecause of the same event, shall be adjudged ac- cording to the Civil Code; it shall not. matter whether this event arose from the operation of the vehicle itself or from the fact that the Opera- tion of vehicle.s interfered with each other. Also persons employed in the operation shall be deemed liable under this law. SECTION 14 (1)Thircl partie.s suffering injuries from the event, arising from the interference of tile above operations may assert their claims to dam- ages under this law against, ally persoil who is liable for one of the operations. However, such party may request limitation of his liabil- ity for damages to tha.t proportionate part. of the injury which is commensurate wit.h tile share of its operation ill causing the injury with respect. to the share of the others such limitation shall not affect the determination of the cost of the suit. (2) During the time from bringing the action against the party liable for one operation until the conclusion of the proceedings, there shall run neither the. period of limitation with respect to claims against, tile parties liable for the other operations nor any other term the expiration of which would entail legal prejudice. SECTION 15 If liability for injury arising from tile event specified in Section 13 is involved, claims of the survivors shall be adjudged under tile same law (tills law or the Civil Code) under which file claims of the de- cedent would be judged. PAGENO="0532" 522 AIR LAWS AND TREATIES OF THE WORLD SECTION 16. JURISDICTION OF COURTS (1) Claims for damages caused by the operation of a vehicle may' also be brought before the court. in whose area the injury was caused whether the proceedings are under this law or under the Civil Code. (2) Claims for damages caused by interference of the operations. may be brought. against any of the liable parties (Section 14, subsec- tions 1) before any court which has jurisdiction with respect to some~ of them. CONCLUDING PRovIsIoNs SECTION 17 All provisions now in force of the Law on Railroads, No. 86/193'T Coil., aiid on Motor Transport, No. 91/1935 Coll., as weJl as Sections 29 to 36. and 39 and 40 of Law on Aviation, No. 172/1925 Coil. shall be abrogated. SEcTION 18 This Law shall take effect on November 1, 1951: it shall be carried out by all the Members of the Cabinet. Law of Septeinb~i 24, .I.')56, Xo. 42',, 19.56 Coil. Ofl C'cil Aviation (Aviation Law) CHAPTER I. INTRODUCTORY PROVISIONS SECTION 1. PURPOSE OF CIVIL AVIATION (1) The purpose of the Czec.hosiovak civil aviation is to provide' transportation by air, ensure safety in civil aviation operations over the territory of the Czechoslovak Republic, and to satisfy other sig- nificant social needs. (2) Czechoslovak civil aviation shall serve in particular: a) transportation by air, whether domestic or international, scheduled or nonscheduled, of passengers, baggage, goods, and mail, b) agriculture and forestry, c) scientific research work, d) cultural and popular educational purposes, e) public health, f) air sports. SECTION 2. CONTROL OF CIVIL AVIATION (1) The Ministry of Transport shall be charged with the promo- tion of civil aviation. It shall supervise a.nd direct its activities and see to it that such activities conform wit.h the provisions of the present law and regulations issued Oil tile basis thereof, and in conformity with tile state plan of development of the national economy. (2) Tile Ministry of Transport also shall engage in scheduled and nonscheduled air service and provide air services for the agricultural and forest economy, and/or other air services. PAGENO="0533" AIR LAWS AND TREATIES OF THE WORLD 523 SECTION 3. SOVEREIGNTY OVER THE AIRSPACE The Czechoslovak state shall have complete and exclusive sov- ereignty over the airspace above its state territory. CHAPTER II. AIRCRAFT SECTION 4. DEFINITION OF AIRCRAFT Under the present law, contrivances designed for flight, whether they are lighter or heavier than air, in particular airplanes, liydroplanes, helicopters, sailpianes, gliders, free or captive balloons and airships shall be deemed aircraft. Under the present law, models of aircraft for sport and model activities shall not be deemed aircraft. SECTION 5. NATIONALITY AND REGISTRATION OF CIVIL AIRCRAFT (1) A civil aircraft of Czechoslovak nationality shall be considered under this law as Czechoslovak civil aircraft. Civil aircraft registered in the Czechoslovak aircraft register shall have Czechoslovak nation- ality (Section 62). (2) In the Czechoslovak aircraft register must be registered those civil aircraft which are under the management (are held in owner- ship) of Czeclioslovak organizations in the socialist field or of Czecho- slovak nationals. (3) Registration in the Czechlovak airc.raft register of a civil air- craft shall render ineffective its prior registration in the aircraft register of another State. The registration of Czechoslovak civil air- craft in the aircraft register of another State shall be deemed ineffective provided the registration of such aircraft has not been properly re- moved from the Czechoslovak aircraft register. The change of reg- istration of civil aircraft from the Czechoslovak aircraft register of another State may take place only with the approval of the Ministry of Transport. (4) A certificate of registration of civil aircraft in the Czechoslovak aircraft register shall be issued by the Ministry of Transport. SECTION 6. OWNERSHIP OF CIVIL AIRCRAFT (1) Civil aircraft may be held in socialist as well as in personal ownership. (2) Ciyil aircraft which are national property shall be managed by the "i~eskoslovenské aerolinie" [Czechoslovak Airlines] set up within the Ministry of Transport for operation of air transport. With the consent of the Ministry of Transport., other socialist organi- zations may have civil aircraft under their management (in their own- ership) ,but only for the fulfillment of their own tasks. (3) Individual Czechoslovak nationals may hold civil aircraft in personal ownership only with the approval of the Ministry of Trans- port given in agreement with the Ministry of the Interior. SF~CTION 7. MARKINGS At the time of its registration in the Czechoslovak aircraft register, each civil aircraft shall be assigned a registration which the owner of the aircraft shall mark thereon next to the nationality marking. PAGENO="0534" 524 AIR LAWS AND TREATIES OF THE WORLD SECTION S. OPERATION OF CIVIL AIRCRAF'r Operation of civil aircraft in the territory of the Czechoslovak Re- public shall require approval of the Ministry of Transport given in agreement with the Ministry of the Interior, except for aircraft which are managed by the Czechoslovak Airlines, and further except as Speci- fied in Section 47. SE(~fIOX 9. CONSTRU~rION AND MANUFACTURE OF CIVIL A~CRAFr (1) Designs of aircraft. designed for purposes of civil aviation, as to their construction and material, shall comply with technical conditions assuring the safety of flight operation. (2) Special rules shall specify standards for the introduction of se- rial production of designs of aircraft designed for the purpose of civil aviation; the approval, required under these. provisions, may be given only after the Ministry of Transport has given approval for the record in regard to technical compliance and economy of operation. SECTION 10. EQUIPMENT FOR TELECOMMUNICATION AND ITS OPERATION (1) The installation and operation of radio transmitting apparatus and other equipment, for telecommunication and radio location aboard civil aircraft and for air-services in general shall be governed by specific provisions and a~ree.ments. (9) Radio transmitting apparatus aboard Czechoslova.k civil air craft may be operated only by persons possessing the required certifi- cate as radio telegraph and radio telephone operators. SECTION 11. ATRWORT}IINESS OF AIRCRAFT (1 ~t Civil aircraft may be used in air navigation provided it has a valid certificate of airworthiness, issued by the Ministry of Transport, or a valid certificate of airworthiness, issue.d by a foreign State and recognized in Czechoslovakia. This rule shall not apply to flights undertaken for the purpose of acquiring or extending the validity of a certificate of airworthiness. (2) The Ministry of Transport shall issue a certificate of airwortlii- ness of a civil aircraft. oniy following verification that the civil air- craft concerned meets the requirements of safe[tv of] operation and following a test of its airworthiness, or on the basis of a certificate of operational safety and of a test of its airworthiness made abroad. (3) Civil aircraft which was tested shall be subject. to retesting following every substantial change of construction of its frame or equipment. which univ change the flight properties of the aircraft or its safety. SECTION 12. DOCUMENTS CARRIED ON AIRCRAFI' Civil aircraft admitted to navigation shall carry during flight the following documents: a) a certificate of it.s registration in the aircraft register, b) its certificate of airworthiness, c) its log book or a document. substitut.ing for it, d) a license to install and operate such radio transmitting ap- paratus as may be aboard the aircraft., PAGENO="0535" AIR LAWS AND TREATIES OF THE WORLD 525 e) a list of passengers and of the places of departure and clesti- nation, f) a declaration of the cargo and/or other documents specified by the customs rules, g) other documents p~escribed by the Ministry of Transport. SECTION 13. PROhIBITION AGAINST TAKING CERTAIN ARTICLES ABOARD AX AIRCRAFT For reasons of public safety, the Ministry of Transport in agree- ment with the Ministry of the Interior may specify the articles that may not. be taken aboard a civil aircraft and/or specify conditions under which it. is permissible to do so. CT-IAPTEP. III. FLIGHT PEIISONNEL OF CIVIL AIRCRAFT SECTION 14 (1) The flight personnel of civil aircraft shall consist of the cap- taiii and the crew. A crew shall be assigned to such civil aircraft which, besides the captain, require service by special personnel during flight.. (2) Only a person who has a. pilot's license may he captain of a civil aircraft. I-Iowe.ver, the Ministry of Transport. or another au- thority designated by the same may, in individual cases, license a person who does not have such qualification as captain of an aircraft with several seats. (3) The crew of a civil aircraft shall consist of a copilot (pilot not commanding the aircraft), a flight mechanic, a navigator, a flight radio operator, etc., and of further service personnel. (4) Only a. person who has a. pilot's hiceiise may he charged with the flying of an aircraft.. (5) In the course. of pilot, training a pilot. tra ~nee may be. the cap- tain of a civil aircraft and fly it. (6) Only Czechoslovak nationals may he members of the crew of Czechioslovak civil aircraft: in individual cases exceptions may be granted by the Ministry of Transport in agreement with t.he Ministry of the Interior. SECTION 15. COMPETENCY OF FLIGHT PERSONNEL (1) The members of the flight, personnel of Czechoslovak civil air- craft. shall be in good health and shall he prepare(l generally and technically for service in civil aviation. In addition, fii~'ht personnel shall obtain a certificate of competency for the. assignment. they have to perform; certificates of competency shall be issued by the Ministry of Transport.. (2) Pilot.s shall carry the competency certificate with them when- ever they are on duty and shall pi'esem~t it to the authorities designated by the Ministry of Transport. (3) Pilots of Czechoslovak civil aircraft shall be registe.red in the Czechoslovak aircraft register. SECTION 1G. COMPETENCY CERTIFICATES OF PILOTS FOR INTERNATIONAL NAVIGATION (1) Pilots of civil aircraft engaged in international air navigation shall possess competency certificates (diplomas and airmen identity PAGENO="0536" 526 AIR LAWS AND TREATIES OF THE WORLD cards) issued or validated by the State in which the aircraft is registered. (2) The Ministry of Transport shall validate competency certificates granted, or recognized as valid by the. State in which the aircraft is registered provided reciprocity is offered or the conditions under which such certificates were granted or validated equal or exceed the mini- mum conditions internationally prescribed. (3) For the purpose of air navigation over the Czechoslovak state territory the Ministry of Transport may refuse to recognize, a compe- tency certificate granted to Czechoslovak citizens by another State. (4) If, instead of diplomas and identity cards, a uniform certificate is introduced in some State, the provisions contained in Subsections 1 to 3 hereof, shall apply to such certificate. SECTION 17. RESPONSmILITY OF THE CAPTAIN The captain of a civil aircraft shall bear full responsibility for the aircraft and its crew, for the preparation of each flight (Sec. 33) and for the completion of such flight. SECTION 18. AUTHORITY OF THE CAPTAIN (1) Orders of the captain of a civil aircraft issued within his author- ity shall be carried out by the crew and passengers. (2) In the course of a flight, the captain of a civil crew shall have the power to take any necessary measures against, persons, who, by their conduct, endanger the safety of the flight and fail to suhniit to his orders. (3) If an offense has been committed aboard a Czechoslovak air- craft, the captain of the aircraft shall initiate t.he necessary investiga- tion. (4) Before the authority of jurisdic.tion takes over, the captain of a Czechoslovak civil aircraft shall perform all ac.ts which cannot suffer delay. If necessary, he shall have any suspect temporarily de.tained, the passengers and crew searched, and the articles which may serve as evidence secured. SECTION 19. MEASURES IN CASE OF DANGER AND ACCIDENT (1) If a danger to a civil aircraft is imminent, the captain of the air- craft and the crew shall take any and every measure to save the pas- sengers and the crew; the captain shall abandon the ship last. (2) If an accident or emergency landing takes place, the captain of a civil aircraft shall protect the interests of the owner of the aircraft a.s well as the interests of the owners of the cargo; he shall have the right to act in their behalf and assume for them rights and obligations as far as it is necessary for the protection of their interests. SE~rION 20. ASSISTANCE IN DISTRESS The capt.ain of a civil aircraft who has received a. distress signal of other aircraft or vessel or has found them in distress, shall render assistance, provided he is able t.o do so without danger to the aircraft entrusted to him and to the persons a.board the aircraft. PAGENO="0537" AIR LAWS AND TREATIES OF THE WORLD 527 SECTION 21. DUTIES DURING THE WAR During war aimed against the Czechoslovak Republic, the captain of a Czechoslovak civil aircraft shall take all measures to prevent an enemy from seizing the aircraft, its documents and cargo. CHAPTER IV. AIR i~AVIGATION F~~cILITIEs ON THE GROUND SECTION 22. LICENSING PROCEDURE (1) Establislunent of, or substantial changes in ground air navi- gation facilities (airports of every kind, buildings and related tech- nical facilities, ground signals, etc.) requires prior approval by the Ministry of Transport which shall make decisions in agreement with the central authorities concerned. The Ministry of Transport, when- ever feasible, shall see to it that proceedings required by other regula- tions are combined with the proceeding concerning approval. The approval may provide for conditions and limitations. (2) All approved ground air navigation facilities shall be registered in the Czechoslovak aircraft register. SECTION 23. EXPROPRIATION Regulations concerning expropriation for the purposes of railroads shall apply by analogy to the expropriation of land an rights neces- sary for the purpose.s of ground air navigation facilities; in particular, to expropriation proceedings, to the manner and time of payment of compensation for the expropriation, to entry on the expropriated land and its use before the institution of appropriation proceedings. SECTION 24. RESTRICTED AREAS To assure the. safety of air navigation and the reliability of opera- tion of radio and other safety installations, restricted areas in which it is prohibited to erect buildings or other facilities or plantings, or to let them grow above a prescribed height, and to place lights which may obstruct air navigation, may be designated at airports, near radio or other navigation facilities and along runways (Sec. 31, Subsection 2). SECTION 2 ~. PIJBLIC AIRPORTS (1) A civil airport, which within its technical and operational ca- pacity, is open to all civil aircraft authorized to make flights in the Czechoslovak Republic shall be deemed a public airport. Public air- ports designated for scheduled air service, shall be established by the Ministry of Transport and operated by its organs. (2) The use of a public airport operated by the Ministry of Trans- port through its organs for training purposes, experimental and test flights, shall be permitted only with the approval of the Ministry of Transport. SECTION 26. AIRPORT ADMINISTRATION AND AIRPORT REGULATIONS (1) The airport administration headed by the airport manager shall direct the operation of civil airports, maintain the same and take PAGENO="0538" 528 AIR LAWS AND TREATIES OF THE WORLD all measures in aceor(Tallee with their customary use. The airport adniin istration shall be set. up Lv I he operator of an airport. (~) Airport re~nJations shall govern. in detail, the airport opera- tion and discipline of civil airports. For public airports operated by the Ministry of Tiniisport tlii'o~igh its organs, airport regulations shall be issued by that Ministry. For other civil airports, airport reg- ulations shall be issued Lv their operators upon approval by the Ministry o~ Tr~insuort : if the airports are also used periodically by ulil itarv a ircra ft. airport iegulations also require approval by the Miiiistrv of l)efense. SECTION 27. ESTAIILISIL\IENT OF DAY. LIGhT. AND RADIO SIGNALS (1) Owners (users) of land and property on which day, light, or radio s~gnals are to be set up for assuring the safety of navigation shall permit. for a reasonable consideration, the. setting up, placing and serv!ce thereof: however, state socialist organizations are not enti- tled to a cons~iierat Ion if the same is ruled out by special regulations. (~) On land and property held in national ownership and which serve public 1)url)oses. clay. litrht. and radio snznnls may be set. up only in ~lgree1fleflt with the organizations mallaging such property. SECTiON 28. DIsPOSAL OF AIR NAVIGATION FACILITIES ON TIlE GROUND Air navigation facilities on the ground which are not operated by the Ministry of Transport may be disposed of only with the approval of the. Ministry of Transport in agreement with the. Ministry of Na- tional Defense. This shall apply, ill particular, to the change of the purpose of such facility and to its discontinuation. SECTION 29. AII1I'OIiT AND LIMITEI) CHARGES (1) Charges prescr~bed on the ba~:is of reg~ilat~ons concerning plan- ning and prices shall he imposed for the use of public airports and air navigation facilities. (~) The. Minhtrv of Transport, in agreement. with the Ministry of Finance, may grant exemption from payment of charges or reduce the same. (~) The duty to pay charges shall not apply to aircraft of the armed forces. CIr.xP'rEn \. Fj.~mirrs SECTION aC. ASSURING TIlE SAFETY ()F TIlE 01'ERATION OF CIVIL AIR NA V IGATION (1) The operation of civil air navigation within the Czechoslovak Republic shall be organized. controlled, and assured by tile Ministry of Transport Lv way of a dispatcher service. (~) Regulations for flights (flight, regulations) applied to civil air- craft shall be obligatory also for other aircraft moving along air routes, in the vicinity of a~rpOrts. or areas adjacent. thereto (See. 31, Subse.cs. 1 and ~ I. PAGENO="0539" AIR LAWS AND TREATIES OF THE WORLD 529 SECTION 31. KINDS OF FLIGTITS, FLIGhT LINES AND FLIGhT ROL~TES (1) Tii the airspace of the Cze.choslovak Republic civil aircraft may imdertake: (a) flights within the airspace, i.e., above an airport and above the prescribed ad~ acent. space, (b) scheduled transport (service) flights, (c) non-scheduled flights. (2) Scheduled transport service flights shall be made along flight lines prescribed by the Ministry of Transport in agreement with the Ministry of National Defense.. A flight line is an approved permanent air route for scheduled flights of transport. aircraft between two or several points. For the sake of safety of flu lit, the flight route, i.e., the territory along the flight line and the airspace above the same within which the flight is made, as a rule, shall be delineated. (3) The air route or. as the case may be, the airspace for non- scheduled flights shall be approved b the organs of the Ministry of Transport for each individual flight. SECTION 32. ADMITFANCE TO FLIGHT Civil aircraft may be admitted to flight, provided the crew which has been assiQned [to the. aircraft.] is competent. for the kind of civil air- craft and for the. conditions of the flight made by the aircraft and pro- vided further, that. there are aboard the aircraft a) the documents to be carrie(l by the aircraft (Sec. 12), 1)) a certificate of inspection of the aircraft made before the flight (Sec. 33, Subsec,. 1), c) the navigation charts and other navigation documents pre- scribed by the Ministry of Transport, d) the necessary instruments and other equipment. SECTION 33. PREPARATION OF FLIGhT (1) Any flight, of a civil aircraft may be made. only upon preceding preparation and technical inspection of the aircraft, checking of the condition of its crew and ground air navigation facilitie.s at the place of departure, at. the place of destination, as well as along the route, and upon ascertaining t.he weather conditions. (2) The captain of a civil aircraft shall be responsible [for seeing] that a.) the aircraft. and its appurtenances are in proper technical condition, h) the aircraft carries navigation documents (Sec. 32, Clause c)) and that. he is acquainted with their contents. c) there is aboard the aircraft. sufficient fuel and lubricants for the flight. d) the maximum permissible load of the aircraft. for takeoff or landing has not been exceeded and the load is properly distributed and safe from shifting, e) the crew of the aircraft is competent to fly, f) proper pre-flight arrangements have. be.en made.. (3) The manager of a public airport shall be re-sponsible for PAGENO="0540" AIR LAWS A~D TREATIES OF THE WORLD 530 a) the proper condition of the airport and its technical facilities, b) the organization of flights and assuring the safety, regu- larity a.nd control of flights in the prescribed space, c) checking of the condition of the crew of aircraft and the prescribed certificates of the pilots (Sec. 15, Subsec. 2), d) checking of the markings (Sec. 7), signaling and commum- cations equipment of the aircraft as well as the prescribed docu- ments to be carried on the aircraft., e) checking of the certificate concerning t.he techmcal rnspec- tion of the aircraft made before the flight, f) checking of the documents concerning the proper loading of the aircraft, g) procurement of information on weather conditions. SECTION 34. FLIGHT (a.) A flight may be made only on the basis of a flight schedule or flight plan and provided the manager of the airport permits the take- off. (b) The take-off of a civil aircraft from a place other than an air- port shall be made in accordance with flight regulations and on the order of the captain of the aircraft; in that case he shall be fully re- sponsible for the take-off. SECTION 35. FLIGHT WIT}I PASSENGERS ABOARD Flight with passengers aboard shall be permissible only from ap- proved airports and in aircraft approved for such purpose and flown by pilots whose competency is in accordance with the conditions pre- scribed for flying such aircraft. SECTION 36. FLIGHT ABOVE BfILT-FP AREAS, EXPERIMENTAL AND ACROBATIC FLIGHTS (1) Tn case of flights above, areas continuously built-up or open areas with big crowds of people., civil aircraft., except for the start and land- ing, must maintain an altitude making safe landing possible at any time either on an airport or outside a continuously built-up or [densely] populated area, even without. engine power. (2) Experimental and acrobatic flights as well as parachuting above continuously built-up areas and above areas where admittance is freely possible, shall be prohibited; exceptions may be granted by the Ministry of Transport. (3) Experimental and acrobatic flights and parachuting above pro- hibited parts of the airport area and in the area of flight routes shall be permitted, except in a.n emergency, only with t.he approval of the organs of the Ministry of Transport and in other parts of t.he air- space oniy with the approval of the Ministry of National Defense. (4) Air shows and airmen's contests open to the public may be held with the. permission of the Ministry of the Interior issued in agreement with the. Ministry of Transport.. SECTION 37. ACTIVITIES PROHIBITED DFRING FLIGhT Generally, during a flight it shall be prohibited for civil aircraft a.) to drop any objects except in case of necessity or during PAGENO="0541" AIR LAWS AND TREATIES OF THE WORLD 531 permitted bailmg out ~Xt eptions may be granted by the Ministry of Transport in agreemeiit with other ministries concerned; b) to take photographK or motion pictures; exceptions may be granted by the Ministry of National Defense in agreement with the Ministries of the Interior and Transport.; c) to use telecommunications equipment, especially radio trans- mitting apparatus, for purposes not connected with the needs of the flight; exceptions may be granted by the Ministry of Corn- mnumiications in agreement with the Ministries of the Interior and Transport. SECTION 38. PARTICIPA'I'It)N IN TEST FLiGHTS In flights of civil aircraft for which no certificate of airworthiness has been issued, only those persons may participate who are charged to flight test the aircraft, engines, instruments or other equipment of the aircraft. SECTION 39. PILOTLESS FLIGHTS OF AJJiCRAFr No aircraft capable of being flown without a pilot shall be flown above the territory of the Czeclioslovak Republic except with the per- mission of the Ministry of Transport which may prescribe special terms for such flight, in particular, to assure the safety of air naviga- tion. SECTION 40. METEOROLOGICAL SERVICE Meteorological service for civil aircraft shall be provided by the organs of the state meteorological service in accord with the require- ments of the Ministry of rfransport SECTION 41. TELEPhONE AND TELEGRAPH COMMUNICATIONS To tile extent prescribed by the regulations of te;Iecommunication, telephone calls and telegrams between airports concermng the safety and control of flights shall have priority over other telephone calls and telegrams. SECTION 42. PROHIBITED AREAS (1) Flights above certain territorial areas may be temporarily or pernlanently prohibited or limited for reasons of national defense or securit.y and for other reasons of public interest (prohibited areas). The necessary steps shaH be taken by tile Ministry of Transport in agreement wit II the celltra 1 authorities conceriled. (2) In extraordinary circumstances tile Cabinet may prohibit with immediate effect flights above tile entire territory of the State for all civil aircraft SECTION 43. OBLIGATORY ChANGE OF TIlE FLIGHT ROUTE, OBLIGATORY LANDING (1) Civil aircraft which finds itself outside a demarcated flight route, outside an approved flight line (Se.c. 31), or above a forbidden area (Sec. 42) shaH, as soon as it ascertains it, change its route and im- PAGENO="0542" 532 AIR LAWS A~D TREATIES OF THE WORLD mediately return as quickly as possible to the delineated air route or approved line, and/or leave the forbidden area. (2) If a civil aircraft is signaled to land, it shall land at the place designated to it.: if the place has not been designated, Lit shall land] at the nearest place suitable for safe landing. The landing must be reported without delay to the nearest security agency. If the aircraft does not obey the signal to land, after a second signal it may be forced to land. (3) If a civil aircraft gets a. signal that landing is not permitted, it shall change its flight route and continue the flight along the cleline- ateci air route or approved flight line to the nearest suitable airport and land there. SECTION 14. LOCAL ASSISTANCE IN CASE OF ACCIDENT OF A CIVIL AIRCRAFT If an accident or an emergency landing of a civil aircraft takes place, or if the. aircraft cvnnot contuine. the, flight because of a death, injury or iline~s of menibers of the. clew, the executive. authority of the nearest peoples cotnniittee [local governmental units] acting in agree- nient wit Ii ~eciiritv a encie~ shall render t lie necessary assistance, take care of the aircraft. it~ crew. passengers and cargo, and inform the Minicztrv of Transport of [the o~urrence] as quickly as possihle.. SECTION 43. ADMINIsTRATIvE INVESTIGATION OF FLIGHT ACCIDENTS (1) Administrative investigation of the causes of flight accidents shall be conducted by the Ministry of rrt in cooperation with the authorities concerned. (2) The organs of the Ministr of Transport conducting such exaini- nation shall have the. right to take all measures that may lead to ascer- taining the. cause of the accident : especially, they may require the persons itivol vecl 111 the accident and other ~~ersons who may be expected to give information on important. circumstances to testify. If the organs of the Ministry of Transport ascertain that there. is probable cause to believe that a felony or misdemeanor has been coniinitted, they shall inform the organs having jurisdiction to conduct the examination. Cn~~1~rEII ~\I. INTERNATIONAL FIJGnTs SECTION 4~. INTERNATIONAL FLIGhTS (1) Every flight of a. civil aircraft. in which tile designated air route or the approved flight line crosses the national borders of the Czechioslovak Republic. shall be deemed an international flight. (2) Apart from general flight regulations (Chapter V), the pro- visions contained in Sections 47 to 52 shall apply to international flights. SECTION 47. SCHEDITLED INTERNATIONAL SERVICE BY FOREIGN CIVIL AIRCRAYI' (1') Civil aircraft not registered in the. Czec.hoslovak Aircraft Register (hereinafter called "foreign aircraft") which are engaged in scheduled international air service may make flights over the na- tional borders of tile Czechoslovak Republic only if the operation of the scheduled foreign international air service in which the foreign air- PAGENO="0543" AIR LAWS AND TREATIES OF THE WORLD 533 craft are engaged has been specifically authorized under the interna- tional aviat ion agreement concerned. (2) A license 111111cr Subsection 1 shall be granted by the Ministry ~f ~ in agreement. with the. Ministry of Foreign Affairs. (3) rn license, shall also specify- a) The, crossing point. i.e., the sector within which foreign air- craft shall cross the national borders of the, Czechoslovak Re- public when entering and departing as well as the altitude during the rlsslng of the national bordei, b) the air route (Sec. 31, Subsec.. 2) and the. place. of obligatory and permissible landing, c) the time of validity of the. license. (4) If no aviation agreement. has been entered into, temporary scheduled uite.inational air service. ma l)e. licensed by the Ministry of ril.iinsl)ort in agreement with the Ministry of Foreign Affairs. (5) ,Ai~y license. granted shall be recorded in the Czechoslovak Air- craft Register. SECTION 48. INTERNATIONAL FLIGHTS OF Czl:clItlsLOvAK CIVIL AIRCRAFT Civil air~raft registered in the Czechoslovak Aircraft. Register may fly be ond the national borders of `he Czeclioslovak Republic only with prior authorization by the M~n~stry of Transport. This pro- vision shall not apply to flights operated by the Czechoslovak Air Lines in scheduled international service.. SECTION 49. OBLIGATORY LANI)IXG OF CIVIL ATTICRAFT DURING INTERNA- TIONAL FLIGHT UNDER EXTRAORDINARY CITICTJMSTANCES (1) A civil aircraft which, in distress or for any other reason, crosses the iiatioi~al l)ol(lels of the Czccl~oslovak Ilenubhic outside tile designated cross!ng sector or deviates from the prescribed air route or approved flight line shall, as soon as it ascertains such fact or as soon as it is signalled to land, imniediatel land at tile place designated or, if there has been 110 designation. at the nearest airport within the teri.itorv of the Czechoslovak Republic. The landing of an air- craft shall he reported immed~ateiy to tIle nearest security agency. (2) If the aircraft does not obey the signal to land, after a second signal it may be forced to land. (3) Civil aircraft which has landed under circumstances specified in tile preceding subsections may continue tl~e flight oni if authorized by tile Ministry of Transport in agreement with tile Ministry of the Interior. SECTION 50. BORDER CONTROL, CUSTOMS AND FOREIGN EXCHANGE REGULATION S In engaging in international air navigation civil aircraft shall also observe border control, customs and foreign exchange regulations. SECTION 51. EXAMINATION OF THE AIRWORTHINESS OF FOREIGN AIRCRAFT Foreign aircraft may be subject to examination to ascertain their airworthiness provided . a) the statutory conditions prescribed in Section 11, Subsection 1 have not been fulfilled, b) an accident takes place, c) technical defects of the aircraft appear. PAGENO="0544" 534 AIR LAWS A~D TREATIES OF THE WORLD SECTION 52. UNSCHEDULED INTERNATIONAL FLIGHTS OF FOREIGN AIRCRA~I' Unscheduled international flights of foreign aircraft across the borders of the Czechoslovak Republic may be made only with permis- sion issued by the Ministry of Transport in agreement with the Min- istry of Foreign Affairs. In issuing such permission the Ministry may require that the foreign aircraft land within the territory of the Czechoslovak Republic and/or may subject the foreign aircraft to additional restrictions. CIAVrER `\II. AIR SERVICE SECTION 53. DOMESTIC AIR SERVICE Scheduled domestic air transportation of passengers, baggage, goods a.nd mail, as well as unscheduled air services for remuneration may be operated only by the Czechoslovak airlines. SECTION 54. INTERNATIONAL AIR SERVICE Unless international agreements provide otherwise, the provisions of this Chapter shall apply to international air transportation of pas- sengers, baggage, and goods. SECTION 55. AIR SERVICE REGULATIONS (1) The general conditions under which the Czechoslovak airlines operate transportation services for passengers, baggage, and goods shall be prescribed by the Air Service Regulations to be issued by the Ministry of Transport. (2) rfhe Air Service Regulations may a) [Abrogated by sec. 509(11) of Law No. 401 1964.] b) exclude some articles from air transportation and/or impose special terms for their air transportation, c) provide that whoever, by the violation of this Regulation, causes damage to the Czechoslovak airlines shall be liable for payment of compensation to an extent prescribed by the schedule of rates (Sec. 56). (3) With the consent of the Ministry of Transport, the Czecho- slovak airlines may prescribe detailed terms for transportation. SECTION 56. SCHEDULE OF RATES The Czechoslovak airlines shall compile schedules of rates in accord- ance with the State Plan for the Development of the National Econ- omy, reaulations concerning planning, prices, and principles of c1w~- raz~ot [principles governing husbandry according to budget]. The schedule of rates must show the basis for determining the amount of the fares and freight and/or the price of passenger tickets and the amount of freight on particular imes. SE~rION 57. A~ MAIL SERVICE The air mail service operated by the Czechoslovak airlines shall be goverfle(l by an agreement between the Ministries of Communications and Transport. PAGENO="0545" AIR LAWS AND TREATIES OF THE WORLD 535 CHAPTER VIII. LIABIUrv FOR DAMAGE CAUSED BY THE OPERATION OF CIVIL AIRCRAFT LIABILITY OF AIR CARRIERS SECTION 58. LIABILITY OF THE OPERATOR OF CIVIL AIRCRAFT [Abrogated. See section 55 (2) a), supi'a.] SECTION 59. LIABILITY IN AIR TRANSPORTATION OF GOODS AND MAIL [Abrogated. See section 55(2) a), supra.] (2) In regard to air transportation of mail the Czechoslovak airlines shall be liable to the administration of communications to such an extent as the latter is liable to persons who avail themselves of postal services and foreign postal administrations. SECTION 60. LIMITATION OF LIABILITY [Abrogated. See section 55(2) a), supia..] SECTION 61. INSURANCE AGAINST CONSEQUENCES OF LIABILITY (1) Czechoslovak aircraft operators shall enter into contracts with the Government Insurance Company concerning insurance against the consequences of liability to secnre the claims for which they are liable according to the provisions specified in Sections 56 t.o 60 and according to international agreements, and shall have to show to tile Ministry of Transport before starting operation that such contracts were. concluded. (2) Policyholders shall always show to the Ministry of Transport tha.t the premium was paid in time. CHAPTER IX. CzEciIosLovAK AIRCRAFT REGISTER SECTION 62 (1) The Czechoslovak Aircraft Register shall be kept by t.he Minis- try of Transport.. The following shall be registered a) Czechoslovak civil aircraft (Sec. 5). b) flight personnel (Sec. 15, Subsec. 3), c) ground air navigation facilities (Sec. 22), and d) licenses of operation of scheduled foreign international air carriers (Sec. 47). (2) The documents containing the originals or certified copies of instruments, administrative decrees and other documents, on the basis of which entries in the register were made, shall be a constituent part of the Register. (3) The Czechoslovak Aircraft Register shall not be open to the public. Persons proving a lawful interest shall be permitted to in- spect the register entry or document in the Collection of Documents concerned and may request their full or partial copying. 73T-G3---vul. i-:~5 PAGENO="0546" 536 AIR LAWS AND TREATIES OF THE WORLD CHAPTER X. SPECIAL PRovIsIoNs CONCERNING TIlE Am NAVIGATION ACTIVITIES OF THE `VOLrNTARY ORGANIZATION To PROMOTE DEFENSE, EDL-CATION, AND AVIATION SPORTS SECTION 63. DEVIATIONS FROM THE PROVISIONS OF THE PRESENT LAW (1) The provisions of the present law shall apply to the air activities carried on for the purposes of defense, education, and aviation sports by the voluntary organization designated by the Cabinet (hereinafter called "organization") with the following deviations: a) Flight personnel aboard an aircraft operated by the organi- zation, during a flight over the national borders of the Czecho- slovak Republic, as well as flight personnel aboard aircraft with more than one engine and aircraft of a weight of over 4,000 kilo- grams. shall have the competency certificate of flight personnel (Sec. 15, Subsec. 1). Other flight personnel shall have a corn- petencv certificate issued by the organization according to the provisions of the same. b) Exception to the provisions of Section 14, Subsection 6 may be granted in individual cases by the organization in agreement with the Ministry of the Interior. c) The organization shall have the right to dispose of its own gronncl air navigation facilities, except for fixe.d air navigation safety facilities, without an a~reement. with the Ministry of Trans- po1~t (Sec. 2S) : however, it shall report to the Ministry of Trans- port any removal, change in designation. or termination within such time as to enable the Ministr of Transport to take measures t.o secure the interests of civil aviation. 1) Administrative inquiry into the causes of air accidents of aircraft operated 1w the organization shall l)e conducted by the organizat ion. iIowever. the organization slmli report. air acci- dents to the organs of the Ministry of Transport concerned. The Ministry of fransport may take part in the inquirY. If the organs of the organization ascertain that a probable cause of a crIme or mjsdemeanor is involved, they shall notify the authorities cllarge(l with the inquirY. (2) The Ministry of Transport may grant to the organization ex- ceptions to the provisions of Chapter V of the present law insofar as it is justif-ied by the special character of its air activities and insofar as tlìis ma be done without prejudice to the safety of air operations. (~) In regulating the air activities of the organization, the Cabinet shall have the right to deviate from the provisions of the present law and, if the interest of (Tefense e(lucation so requires, it may exempt the organization entirel froni the application of the present law. SECTION 14. AIR ACTIvITIES OF TILE ORGANIZATION (1) The organization shall conduct air defense education under snec~al )rovi~ion~. For this puriose it shall have the right to direct and regulate its air activities by its own particular directives. (2) Issuance of particular directives under Subsection 1 shall re- qmre prior approval by the Ministries of Transport and National ~ ftimc icif~r as tile~e directive.s a) regulate conditions for obtaining competency certificates of flight personhiel and managenient of air operations, PAGENO="0547" AIR LAWS AND TREATIES OF THE WORLD 537 b) deviate from the reoulations of the Ministries of Transport and National Defense \\~ich govern air operations within the territory of the Czechoslovak Republic. (3) The provisions of Section 2, Subsection 1, on inspection by the Ministry of Transport shall not apply to matters of defense education proper. CHAPTER XI. FINAL PRovIsIoNs SECTION 65. INTERNATIONAL AGREEMENTS (1) International Agreements, in particular agreements on tele- communication facilities and their operation, inquiries into accidents of aircraft, international flights and liability in international air serv- ice shall not be affected by the present law. (2) International mail service which is not performed by the Czechoslovak airlines shall be governed by international mail agree- ments. SECTION 66. WITHDRAWAL OF AIR NAVIGATION LICENSES The Ministry of Transport. may temporarily or permanently with- draw authorizations, competency certificates, or licenses issue(l under the presei~t law or under regulations issued thereunder if the non- withdrawal of such authorization, certificate, or license would preju- dice the safety of air operations or other public interests. SECTION 67. AUTHORITY OF THE MINISTRY OF TRANSPORT (1) To implement the present law, the Ministry of Transport shall issue, in agreement with the central authorities concerned, regulations regarding- 1. the division of the airspace above the territory of the Czecho- slovak Republic for the purpose of direction of air navigation operation (Sec. 3), 2. classification of aircraft (Sec. 4), 3. terms for the granting and withdrawal of approval of man- a.gement (ownership) and operation of civil aircraft (Sec. 6, Subsecs. 2 and 3, and Sec. 8), 4. identification markings and other data on civil aircraft and the manner of marking them (Sec. 7), 5. technical terms for construction and manufacture of civil aircraft (Sec. 9), 6. the manner of proving the safety of operation and conduct- ing tests of civil aircraft, their engines, the contents of certificates of airworthiness and the period of validity of such certificates as well as the duty of operators of civil aircraft to keep special records on the condition of aircraft and their engines (aircraft and engine logbooks (Secs. 11 and 51)), 7. blank forms of documents to be carried aboard aircraft and rules for making entries in these documents (Sec. 12), 8. the composition of the crews of civil aircraft as well as the conditions under which a student pilot may be permitted to fly au aircraft (Sec. 14), 9. the terms of employment in civil air uiavigation, holding professional examinations (regulations for examinations) and terms for obtaining certificates of competency of flight personnel, kinds of certificates, their contents, the period of their validity and other requirements (Sec. 15), PAGENO="0548" 538 MR LAWS AND TREATIES OF THE WORLD 10. contents and supporting documents of applications for establishment of, or substantial changes in ground air navigation facilities, licensing procedure and making decisions (Sec. 22), prescribing in particular which facilities shall be subject to licens- ing procedure, 11. the designation of restricted areas (Sec. 24), 12. the manner and terms for building and equipping civil air- ports and for fixing flight routes as well as for management of public airports (Secs. 25 and 26), 13. erecting signs and [establishing the] compensation for the use of the land and property [upon which they are erected] (Sec. 27), 14. particulars concerning the manner, terms and procedure of flights within the airspace above the territory of the Czechoslovak Republic and the operation of traffic dispatchers, communications, radio navigation, radio location and light signal service (Sec. 30), 15. particulars on kinds of flight, flight lines, flight routes, zones of border crossings and areas adjacent to airports (Sees. 31 and 47 (Clause a)), 16. aircraft equipment, in particular the kind of instruments and other facilities aboard aircraft that are required for various kinds of flights (Sec. 32), 17. cooperation between the organs of the navigation dispatcher services and the organs of state meteorological services in matters concerning the performance of navigation meteorological services (See. 40), 18. administrative inquiry into aircraft accidents (Sec. 45), 19. particulars of insurance against the consequences of lia- bility (Sec. 61), 20. procedure in the case of registrat.ion in the Czechoslovak aircraft register, the contents of registration, procedure in case of change in registration, cancellation or transfer of registration to the register of a foreign country as well as the terms of issuance and withdrawal of certificates concerning the registration of air- craft in the Czechoslovak aircraft register (Sec. 62). (2) The Ministry of Transport may prescribe exceptions for civil aircraft assigned exclusively for test flights, training flights or sports flights. The Ministry of Transport may also regulate the licensing of temporary areas for take-off and landing and dispose in regard to them at variance with the provisions contained in Sections 22 and 28, and in agreement with the Ministry of Nationa] Defense [may regulate] the approval of [air] routes and/or airspace for unscheduled flights at variance with the provisions [contained] in Section 31, Subsection 3. SECTION 68. J~RISDICTION UNDER THE PRESENT LAW [ENFORCEMENT OF THE PRESENT LAW] Jurisdiction under the present law shall be exercised by the Min- istry of Transport aiid other ministries concerned as well as by the central authorities either directly or through subordinate organiza- tional units. SECTION 69. PROVISIONS OF REPEAL All enactments dealing with matters governed by the present law shall be repealed; in particular, the following shall be repealed: PAGENO="0549" AIR LAWS AND TREATIES OF THE WORLD 539 1. Law No. 172/1925 on Aviation as amended by Law No. 48/ 1930, 2. Cabinet Decree No. 148/1937 containing rules on foreign aircraft, 3. Cabinet Decree No. 202/1937 Prescribing Zones for Air- craft Crossing the State and/or Customs Borders Common with Germany and Austria and Rules for such Crossing, 4. Cabinet Decree No. 107/1938 Prohibiting and/or Limiting Flights over Certain Territorial Areas (Prohibited Areas). SECTION 70. EFFECTIVE DATR The present law shall become effective on January 1, 1956; it shall be implemented by the Minister of Transport in agreement with other Cabinet members concerned. NO. 31 PROCLAMATION OF THE MINISTRY OF TRANSPORT OF MARCH 15, 1960 ON AIR SERVICE REGULATION Under Section 55, Subsection 1 of Law No. 47/1956 on Civil Aviation (Aviation Law), the Ministry of Transport hereby issues the following AIR SERVICE REGULATIONS SECTION 1. SCOPE OF APPLICABILITY Tue Air Service Regulations shall apply to all domestic and inter- national transportation by air of passengers, baggage, and goods, in- cluding services connected therewith, operated by the Czechoslovak airlines (hereinafter called "carrier"). SECTION 2. CARRIERS' ACTIVITIES (1) In agreement with the State Plan of Development of the Na- tional Economy, carriers shall engage in scheduled transportation by air under flight timetables, and in non-scheduled transportation by air under [special] arrangement. (2) Carriers shall have the right to provide transportation by land of passengers, baggage and goods to and from airports or from other landing areas and organize the delivery of baggage and goods to the consignee. (3) Carriers shall engage in activities resulting from being general agents of foreign air carriers in the C[zecho] S[lovak]R[epublic] and shall receive passengers, baggage, and goods for transportation on their own lines. (4) In international air service a carrier may substitute other air carriers. SECTION 3. ACCEPTANCE FOR TRANSPORTATION The carrier shall accept passengers, baggage, and goods for trans- portation at his place of business at airports and transportation offices. SECTION 4. TRANSPORT CONDITIONS Detailed provisions on transportation by air of passengers, baggage and goods shall be included in detailed transportation conditions issued by the carrier in agreement with t.he Ministry of Transport. (Fares and freight charges shall be specified by rate schedules issued by the Czechoslovak airlines.) PAGENO="0550" 540 AIR LAWS AND TREATIES OF THE WORLD PART II. TRANSPORTATION BY AIR OF PASSENGERS AND BAGGAGE SECTION 5. ARRANGEMENT OF TRANSPORTATION The transportation of passengers and baggage shall be carried out according to published flight timetables (scheduled air service) or by agreement (non-scheduled air service). SECTION G. AIR TICKETS (1) All passengers shall obtain a flight ticket before departure; the carrier shall deliver a flight ticket to every passenger after payment in full of the fare. The carrier shall have the right to refuse the trans- portation of a person who does not have a valid air ticket. (2) If the flight ticket is nominative, it shall not be transferable. SECTION 7. THE RIGHT TO TRANSPORTATION BY AIR (1) A passenger's right to a seat on an aircraft for a certain flight shall be assured provided he has obtained an air ticket for such flight and the reservation of the seat was acknowledged. (2) If the passenger does not use the seat reserved for him aboard the aircraft, the carrier shall return the fare to him or such part thereof as specified in the conditions of the transport regulations. (3) Special terms may be specified for transportation by air of chil- dren as far as the adult accompanying the children, fare and the right to the transportation of baggage are concerned. (4) Persons afflicted with contagious diseases subject to report shall be excluded from transportation by air. (5) The carrier may refuse the transportation of a passenger or exclude a passenger from transportation a) if the rules on air navigation so require, b) [if it is] in the interest of the safety of transportation or public order, or for other reasons which might lead to the an- noyance of other passengers or which might endanger their safety. The carrier shall have the right to prescribe special terms in this respect. SECTION 8. DUTIES OF PASSENGERS (1) Upon request by the carrier's employees in charge, a passenger shall identify himself. (2) Aboard an aircraft, and in boarding and alighting from an aircraft or during ground transportation, a passenger must [conduct himself] in such a manner as not to annoy other passengers and he shall observe the instructions of the carrier or of his personnel. SECTION 9. BAGGAGE (1) All passengers shall be entitled to the transportation of their baggage without. charge up to a weight specified in the transportation rules (free baggage). For the transportation of baggage exceeding this weight, the passenger shall pay, at the time of the booking of the flight, the freight according to tile table of rates (excess baggage). (2) The wrapping, size, and contents of the baggage must satisfy the specifications in tile transportation rules of tile carrier. (3) Baggage shall be transported eit.her unregistered or registered. PAGENO="0551" AIR LAWS AND TREATIES OF THE WORLD 541 SECTION 10. U~EGISTERED BAG~AGB (1) Articles which a passenger carries during a flight with the ap- proval of the carrier and which he takes care of himself shall be trans- ported as unregistered. (2) Detailed transportation rules shall specify which articles a passenger may carry during the flight, and which shall not be included in the weight of the baggage. (3) At the same time the transportation rules shall specify the articles which a passenger may not carry during the flight. SECTION 11. REGISTERED BAGGAGE Registered baggage shall be carried in scheduled air service in the baggage compartment [and] as far as possible aboard the same air- craft as the passenger; if transportation aboard the same aircraft is not possible, aboard the next aircraft (earlier or later). SECTION 12. CONTENTS OF BAGGAGE The following articles may be transported only with the prior ap- prova.l of the carrier and under the conditions specthecl by him: a) dangerous articles (explosives, poisons, caustics, radioac- tive substances, substances liable to spontaneous combustion, fire- arms, etc.), b) other articles which, due to their nature, may cause harm, endanger flight safety, or annoy passengers. SECTION 13. EXAMINATION OF CONTENTS OF BAGGAGE (1) Upon request by the carrier, a passenger shall declare the con- tents of his baggage. The carrier shall have the right to examine the contents of the baggage in the passenger's presence; if the passenger is not present the examination must be conducted in the presence of at least one witness who is not in the carriers employ. (2) In case the baggage contains articles whose transportation in baggage is not permitted or which, due to their nature or their wrap- ping, do not conform to the practices of the carrier, may be excluded from transportation before the flight or in the course of transporta- tion; the carrier shall have the right to compensation according to the schedule of rates. SECTION 14. BOOKING OF REGISTEREI) BAGGAGE (1) In booking [registe.red] baggage the carrier shall enter the weight and number of pieces on the. flight ticket of the passenger. A baggage tag shall be attached to each piece [of the baggage] and the stub shall be handed to the passenger. (2) In case the article being booked as baggage is damaged, the carrier shall have the right to make a note of it. in the transportation document or to make a record thereof and to ask the passenger to ac- knowledge t.he accuracy of the note or the record. Otherwise, the car- rier shall have the right to refuse to accept the damaged baggage for transportation. PAGENO="0552" 542 AIR LAWS AND TREATIES OF TI~ WORLD SECTION 15. RFYflTRN OF REGISTERED BAGGAGE (1) The carrier shall return the baggage upon presentation of the flight ticket and surrender of the stubs for the individual pieces. (2) The passenger and/or the person in possession of the flight ticket shall have the right to request the acknowledgement of a.) reservation with respect to the condition of the baggage when issued, b) the day and hour when he asked for the baggage, provided it has not been issued for him. (3) If the passenger or person possessing the air ticket accepts the baggage without reservation when issued, it shall be assumed t.hat it was issued in good condition. SECTION 16. PETS (1) Dogs for the blind shall be transported free of charge provided they accompany the blind [persons] depending on them and are muz- zled, equipped, and trained by an organization officially authorized to do so. (2) Other pets shall be carried as baggage in receptacles in the bag- gage space for freight according to tue table of rates, and their weight, including the weight of the receptacle, shall not be included in the weight of the baggage free of charge. SECTION 17. FLIGHT SCHEDULES-CANCELLATION OF FLIGHTS (1) Flight schedules for domestic air service shall be prescribed by the carrier in agreement with the State air navigation administration, taking into consideration the views of the executive agencies of the people's committees [administrative bodies] concerned, and flight schedules in international air service, in agreement with the air navi- gation administrations and international air carriers concerned. (2) The carrier shall not be liable for the beginning and completion of the transportation within a certain period of time so far as the delay takes place for reasons for which he is not responsible. (3) The carrier shall have the right to change flight schedules be- cause of emergencies. (4) For meteorological, technical, and other reasons for which he is not responsible, the carrier shall have the right to cancel flights and provide substitute transportation by another aircraft or by different (means of) transportation, and/or return to the passenger the fare or portion thereof for the unused part of the route; in case of transporta- tion by a different means, the carrier shall repay the fare difference to the passenger. SECTION 18. OVERPAYMENTS AND ARREARS [OF PAYMENT I (1) Overpayments originating in faulty computation of the fare and/or other compensation according to the table of rates shall be repaid and arrears originating in the same way shall be paid. (2) Transport regulations may prescribe that the provision in Sub- section 1 shall not apply to overpayments and/or arrears not exceeding certain amounts. PAGENO="0553" AIR LAWS AND TREATIES OF THE WORLD 543 (3) If the address of the passenger is known to the carrier, he shall repay the overpayment to his address on his own initiative. SECTION 10. NON-SCHEDULED AIR SERVICE (1) Non-scheduled air service shall be arranged by acceptance and acknowledgement of the offer thereof. (2) The customer may cancel the flight order, at t.he latest, within the time prescribed by the carrier in the notification of acceptance and acknowledgement of the order and/or in the transportation regula- tions. If he does not do so within such period of time, he shall, in can- celling the flight, compensate the carrier for expenditures caused by the fact that he made preparations for the flight in vain, or pay a com- pensation agreed upon in advance. (3) The provisions in Sections 7 to 16 (except for the provision in Sect.ion 7, Subsection 2) and Section 18 shall reasonably apply ill non- scheduled transportation. PART III. TRANSPORTATION OF GOODS SECTION 20. ARRA NGEMENT OF TRANSPORTATION Scheduled and non-scheduled air transportation may be used for the transportation of goods. SECTION 21. ARTICLES EXCLUDED FROM TRANSPORTATION BY AIR OR ACCEPrED FOR TRANSPORTATION BY AIR ONLY UNDER SPECIAL CONDITIONS (1) Articles whose transportation is prohibited shall be excluded from transportation by air. (2) Dangerous articles, in particular caustic substances, explosives, combustibles, compressed gas, poisonous and radioactive subst.ances, may be transported only if the terms prescribed by the carrier have been met. (3) Foodstuffs, living animals. a.nd plants for tile transportation of which special condit.ions, particularly sanitary, are prescribed, may be accepted for transportation by air if such conditions have been met. (4) Concerning articles whose loading, transportation or discharge may cause difficulty or which, due to their nature, size, form, weight or wrapping are not suitable for transportation with respect to tile air- craft available to tile carrier, booking for shipment may be refused or made dependent upon tile fulfillment of special conditions. (5) As a rule corpses in coffins shall be transported aboard chartered aircraft. All prescriptions, especially in regard to receptacles and samtarv measures, must be observed. (6) Tile shipper shall be liable for all damages which may occur as a consequence of not having observed all conditions prescribed by the carrier. SECTION 22. ORDER OF ThANSPORTATION BY AIR OF GOODS Both in scheduled and non-scheduled transportation by air of goods, the carrier may demand a prior order so that he may plan and organize the transportation. Particulars of the order, especially the terms under which it is to be submitted and when the carrier has the right to refuse tile order shall be prescribed by the transport rules. PAGENO="0554" 544 AIR LAWS AND TREATIES OF THE WORLD SECTION 23. RIGHT TO TRANSPORTATION OF GOODS BY AIR (1) In scheduled transportation by air, goods shall be accepted for transportation so far as tile transport facilities, permissible load of the aircraft and space are available after boarding the aircraft by passengers and loading the mail and free baggage. (2) The carrier shall have the right to use as substitute carrier an aircraft different from the one that has been agreed upon and, with the consent of the slupper, a different means of transportation. SECTION 24. COXCLUI)JXG cF TR~\NSPORT\TT0N CONTRACT A transportation contract between carrier and shipper shall be con- siclered concluded: a) in non-scheduled air service by acknowledgment of the order by the carrier, b) in scheduled air service by receipt of the goods by the car- rier for transportation. By concluding the transportation contract the carrier undertakes to perform the transport by air. SECTION 25. AIR CONSIGNMENT BILL (1) The air consignment bill shall document a valid transportation contract. (2) The shipper shaH draw up the air consignment bill in as many copies and in such form as prescribed, and deliver the same to the carrier together wjth the goods intended for transportation. The carrier shall acknowledge tile receipt for transportation of the goods by returning a signed copy of tile air consignment bill. (3) The shipper shall be responsible for the correctness and com- pleteness of the data in the air consignment bill and shall be liable for any damage which tile carrier may sustain 1)ecause his data and state- ments were incorrect, inaccurate, or incomplete. SECTION 26. PROCEDURE UNDER CUSTOMS AND OTHER REGULATIONS Tile carrier may follow tile procedure required by customs or other regulations unless it is at variance with the laws in force. The car- rier shall have the right to claim compensation according to a schedule of fees for compliance with the procedure. SECTION 27. EXAMINATION OF CONTENTS (1) The carrier shall have the right to ascertain whether the real contents agree with tile contents [stated] in the consignment bill. [The carrier] may also make sure whether tile special terms under which the goods were accepted for transportation have been met. (2) In ascertaimlimig the contents the shipper must be present. If this is not possible. at least one witness who is not in the employ of the carrier must be present. (3) If, in examining tile contents, any defects were ascertained which, in the transportation, may cause harm to the health of persons or damage to the means of transportation or other goods shipped, the carrier may exclude the shipment from transportation, store it at the shipper's expense, and collect compensation according to the schedule of fees. The carrier shall notify the shipper of the measures taken. PAGENO="0555" AIR LAWS AND TREATIES OF THE WORLD 545 SECTION 28. PACKING, CONDITION ANT) MARKING OF GOODS (1) Goods must be packed in such a manner as to protect them against loss and damage and prevent them from causing damage or endangering the safety of persons and other goods. The shipment must be duly marked. Particulars relating to the shipper's liability concerning packing and marking individual pieces shall be prescribed by the transportation rules. (2) If there is no packing and if the goods are defective or do not comply with regulations, or if the contents of the shipment are visibly damaged, the carrier may refuse the transportat.ion of the shipment, or make its acceptance for transportation conditional upon the defect being acknowledged by the shipper in writing in the consignment bill. SECTION 29. WEIGHT AND NUMBER OF PIECES ASCERTAINED In accepting a shipment for transportation, the carrier shall ascer- tain its weight and the number of pieces and collate the ascertained data and the data [contained] in the air consignment bill. SECTION 30. LOADING AND UNLOADING GOODS (1) A shipment shall be loaded aboard aircraft and unloaded from aircraft by the carrier's own employees, unless otherwise arranged, for compensation determined by the schedule of fees. (2) If the loading (unloading) is carried out by the shipper, he shall do so according to the carrier's instructions. SECTION 31. GOODS OF DECLARED VALUE (1) A carrier may accept for transportation by air goods of de- clared value. (2) The declared value shall be the amount at which the shipper, at his own discretion, estimates the value of the goods delivered for transportation. (3) The maximum declared value of a shipment which may be transported by air may be determined by transport regulations. A shipment exceeding such value may be transported by air only on the basis of special arrangement. (4) For accepting goods of declared value for transportation by air, the carrier shall have the right to collect a fee according to schedule. SECTION 32. AMENDMENT OF TRANSPORTATION CONTRACT (1) So far as the shipment has not been delivered to t.he consignee, the shipper may request that the shipment be returned to him at his expense or that it be delivered to another consignee, or he may give different instructions. (2) A consignee may give instructions that the shipment be delivered to him at his expense in a different place. (3) The instructions under Subsections 1 and 2 shall be given in writing. The carrier shall comply with such instructions as far as feasible under customs, sanitary and other regulations and insofar as he does not prove that he is prevented [from doing so] by conditions of operation. PAGENO="0556" 546 AIR LAWS AND TREATIES OF THE WORLD SECTION 33. DELIVERY OF GOODS (1) Upon the arrival of the shipment at the place of destination and upon its clearance, the carrier shall deliver the shipment with all documents accompanying the goods to the consignee. The consignee shall acknowledge by his signature the date and the hour of receipt of the shipment. (2) In scheduled air service the shipment may be delivered to the consignee a) at the airport of destination, b) at the carrier's office, c) at his address provided it has been specified. SECTION 34. OBSTACLES IN TRANSPORTATION AND DELIVERY (1) If the transportation cannot be carried out, if the consignee cannot be discovered or if he refuses to accept the shipment, the carrier shall proceed according to the instructions of the consignor which he shall immediately request. If he cannot obtain such instructions, the carrier may store the shipment at the expense and risk of the consignor; he shall immediately notify the shipper thereof. (2) If, in the cases specified in Subsection 1, the shipper cannot be notified in time or if the shipper does not give instructions which can be carried out, the carrier may sell the shipment at public auction or take other measures within a period of time and under terms specified by the transport regulations. If perishable goods are involved, the carrier ma sell them proiuptly to prevent spoilage. However, he must exercise care. The carrier shall use the proceeds to cover his claims and the rest shall be turned over to the shipper. SECTION 35. TRANSPORTATION CHARGES (1) For the transportation of goods and other services connected with the transportation charge and reimbursement specified by the schedule of rates shall be due to the carrier. (2) To secure his claims arising from the transportation contract a lien on the shipment shall exist in favor of the carrier so far as he has the goods in his possession. SECTION 36. "COLLECT ON DELIVERY~~ TRANSPORTATION OF GOODS A shipper may send goods "collect on delivery" as far as is per- mitted by t.he transportation regulations. For accepting the goods for transportation "collect on delivery" the carrier may collect the reimbursement as specified by the schedule of rates. SECTION 37. OVERPAYMENTS A ND ARREARS (OF PAYMENT) (1) Overpayments originating in faulty computation of transpor- tation charges and/or other compensation under the schedules of rates shall be repaid and arrears originating in the same manner shall be paid. (2) The transportation regulations may prescribe that Subsection 1 shall not apply to overpayments and/or arrears not exceeding certain amounts. PAGENO="0557" AIR LAWS AND TREATIES OF THE WORLD 547 (3) If the address of the shipper (consignee) is known to the car- rier, he shall repay the overpayment to his address on his own initiative. PART IV. LIABILITY IN Am SERVICE SECTION 38 (1) The liability of the carrier shall be governed iii domestic trans- portation by air a) of passengers and articles taken care of during the flight by the passengers themselves, by general provisions (Civil Code No. 141/1950 Coil, of Laws and Law No. 63/1951 Coil. Concerning Liability for Damages Caused by Means of Transportation), b) of registered baggage and goods, by the (Warsaw) Convention [of October 12, 1929] Concerning the Unification of Certain iRules Relating to International Transportation by Air No. 15/1935 Coil. and supplementing regulations (hereinafter called "Convention"). (2) The carrier's liability in internationa.l transportation by air of passengers, baggage, and goods shall be governed by the Conven- tion. (3) The limitation of liability prescribed by the Convention shall be applicable to such international transportation to which the Con- vention otherwise does not apply and to domestic transportation; the limitation, however, shall not apply to the transportation by air of goods of declared value in which case the carrier shall be liable to the extent of the amount declared. SECTION 39. PERIODS OF TIME TO ASSERT CLAIMS ARISING FROM LIABILITY Transportation rules shall determine, in agreement with general provisions and international conventions, the periods of time for as- serting claims originating in liability in transportation by air of pas- sengers, baggage, and goods. PART V. [DATE OF] EFFECTIVENESS SECTION 40 This Proclamation shall go into force as of the date of its promul- gation [April 5, 1960]. PAGENO="0558" PAGENO="0559" DAHOMEY Ordinance No. 26/GPRD/MTP, December 27, 1963. Code of Civil Aviation.' BOOK I. AIRCRAFT Art. 1. In the application of this Code, an aircraft shall be deemed to be any contrivance which caii maintain itself, and move in the air. Art. 2. Airc~aft used for military, customs, or police services, are subject oniy to the rules concerning liability of the owner or operator. However, the provisions of Article 53 shall apply to aircraft used for military, customs or police services provided they are not incom- patible with the purpose of such aircraft. TITLE I. OWNERSHIP, MORTGAGE, AND ArTACHMENT OF AIRCRAFT CHAPTER I. REGISTRATION, NATIONALITY~ AND OWNERSHIP OF AIRCRAFT Art. 3. Every civil aircraft must be registered in a register kept by the Ministry of Civil Aviation, under conditions fixed by decree. The registration identifies the aircraft. It shall be shown by a certificate of registration. Art. 4. Any aircraft registered in the register specified in Article 3 shall have IDahomey nationality and must bear the nationality and registration marks provided for in the regulations. Art. 5. Aircraft may be registered in Dahorney only if it is owned by a natural or legal person or persons of Dahomey nationality. There may also be registered in Dahomey, when authorized by de- cree of the Council of Ministers, aircraft belonging to natural or legal persons of foreign nationality which have an establishment in Dahorney. Art. 6. An aircraft registered in Dahomey shall use Dahomey na- tionalit.y when the conditions specified in the preceding article are not complied with, or when the owner registers it in a foreign country. Art. 7. An aircraft which is registered abroad may be registered in the Dahomey register only after showing that the foreign registra- tion has been cancelled. Art. 8. Legal relations between persons aboard au aircraft in flight shall be governed by the law of the. country of origin of such aircraft. However, when a crime or mis(lemeanor is committed aboard a for- eign aircraft, the courts of Dahomey shall have jurisdiction when the pei~on who commits the crime, or against, whom it is committed, has Dahomey nationality, or when the aircraft lands in Dahomey subsequent to the commission of the crime or misdemeanor. 1 Published in Journal Officiel, January 1, 1964. p. 2. 549 PAGENO="0560" 550 AIR LAWS AND TREATIES OF THE WORLD In the application of this article, an aircraft shall be deemed in flightY from the time when power is applied for take-off until the time when landing is completed. In the case of lighter-than-aircraft the term "in flight" shall apply to the period between the time when such aircraft is detached from the ground to that when it is again attached. Ai't. 9. The register shall include the name and domicile of the owner of the aircraft, the type of aircraft, its designation or serial number. Registrat.ion shall be proof of title. Such register shall be pullic. and anyone may obtain a certified copy thereof. Ait. 10. Aircraft. shall be personal property in regard to applica- tion of the rules of the Civil Code. However, transfer of ownership must be in writing and shall be without effect in regard to third per- sons unless there is a registration in the register. ~Aiiy change in ownership by reason of death and~ any judgment transferring, establishing, or declaratory of ownership must be re- corded in the register at the request of the new owner. ChAPTER II. MORTGAGE AND ArrAcHMENT OF AIRCRAFI' Ait. 11. Aircraft as defined in Article 1 of this Code may be mort- gaged only by agreement between the parties. Insofar a.s they belong to the ow-ner of the aircraft, a mortgage shall affect the fuselage, the engines, propellers, board instruments and all parts permanently installed on the aircraft, whether they are fixed thereon or are. temporarily (letachedi. Art. 12. A mortgage may. by a single legal act, be imposed on all or part. of an airfieet. belonging to the same owner provided that the various elements of the fleet are specified in such act.. A it. 13. A mortgage may be extended to cover also spare parts suit- able for the tYpe of aircraft mortgaged, provided such pieces are specified. Such spare parts shall be kept in one or more places of which notice shall be given as provided for in Article 14. Wrhen they are used on aircraft~ to which they belong, they must be immediately replaced. The creditor must be not ified of such use. A it. 14. The spare parts mentioned in the prec.eding article include all parts constituting aircraft, engines, propellers, radio equipment, instruments, furnishings, parts of various component parts and, in general, all objects whatever which are kept for the replacement of parts constituting the aircraft, provided they are specified. Appropriate notice., given at. the place by way of posting. must duly notify third persons of the kind and extent of the mortgage on such parts and must. mention the register where the mortgage is recorded, and the name and address of the mortgagee. An inventory showing the kind and number of such pieces shall be attached to the document recorded. Ait. 15. A mortgage is void unless it is in writing. The act estab- lishing it may be certified or under private, seal. It shall specify each part which is mortgaged. In such case it may be to bearer, and en- dorsement shall transfer the mortgage. Any ment.ion in the sales contract for an aircraft that all or part of the price remains to be paid to the seller, shall, without a contrary stipulation, constitute a. mortgage for him as guarantee for the amount PAGENO="0561" AIR LAWS AND TREATIES OF THE WORLD 551 stated as remaining to be paid, provided the seller requests recordation of such mortgage in the form provided for by decree. An aircraft under construction may be mortgaged only when prior notice has been given to the agency in charge of the register. Such notice shall include the principal characteristics of the aircraft under construction; a receipt therefor shall be issued. Art. 16. In the case of loss or crash of an aircraft, the mortgagee may, unless there is a contrary stipulation, be subrogated for the in- sured for the amount due him as to the right to compensation payable by the insurer. Prior to making any payment the insurer must request an official statement of recorded mortgages. No payment shall discharge him if it is made in disregard of the rights of creditors listed on such statement. Art. 17. All mortgages must be recorded in the register. They shall be without effect in regard to third persons until they are recorded. Cancellation, and any modification of a mortgage by agreement be- tween the parties or by a judgment, shall also be recorded in such register. Art. 18. When there are two or more mortgages on the same air- craft, their precedence shall be determined by the order of their recordation dates. Mortgages recorded on the same day shall be of equal rank regard- less of the hour of their recordation. Art. 19. Recordation shall keep a mortgage valid for ten years from the date of its recordation. It shall cease to be effective when the recordation is not renewed before the expiration of such period. Art. 20. Recordation of a mortgage shall guarantee, in the same precedence as the mortgage itself, interest for three years in addition to the current year. Art. 21. Recordation of mortgages shall be canceUecl when there is a legal act stating the agreement of the parties or a final judgment on the matter. Art. 22. Except in the case of judicia.1 sale in accordance with the provisions specified in a decree, registration of an aircraft may not be stricken from the register when recorded right.s have not been can- celled prior thereto. Art. 23. Creditors whose mortgage on an aircraft has been recorded, shall follow their security in whatever hands it may pass, for the purpose of collection and pa~'mei~t in the order of their respective recordation and after privileged creditors, reserving the provision of Articles 24 and 27 below. Art. 24. Only the following debts shall be privileged in preference to mortgages: 1) Court costs incurred in the sale of an aircraft and in the distribution of the price received in the common interest of the creditors; 2) Payments due for salvage of an aircraft; 3) Necessary expenses for the preservation thereof; 4) Debts resulting from the employment contract of flight crew members and other flight personnel, but as regards any security, only for a maximum of six months; ~) Fees for use of devices and aids to navigation and landing fees. 39-737-65--vol. l-3~ PAGENO="0562" 552 AIR LAWS AND TREATIES OF THE WORLD Art. 25. The privileges specified in the preceding article shall affect the aircraft or the insurance mentioned in Article 16. They shall fol- low the aircraft in whatever hands it may pass. They shall be extinguished three months after the event which gave rise to them unless the creditor makes prior recordation of the debt in the register of the aircraft, after having given friendly notice of the amount or, in the absence thereof, after having commenced a legal action therefor. They shall further be extinguished, independently of the normal methods of extinction of privileges: 1) By judicial sale of the aircraft, executed in the form pro- vided for by decree: 2) In case of voluntary transfer properly recorded in the regis- ter, at the latest, one month after publication of the transfer in a journal of legal notices at the domicile of the vendor, unless, prior to expiration of such period, the creditor has given notice of such debt to the vendee, at the domicile stated by him in the publications. Art. 26. Debts specified in Article 24 shall be privileged in the order in which they appear in that article. Debts of the same order of precedence shall be of equal rank and shall be paid at the same rate in case of insufficient funds. I-Iowe.ver, debts mentioned in Article 24, 2), and 3) shall be paid in inverse order as regards the events which gave rise to them. Art. 27. Privileges other than those enumerated in Article 24 shall rank after mortgages whose recordation precedes the arising of such privileges. }-Iowever, in the ease of sale in Dahomey of an aircraft inortgaued iii a State party to the international convention for the recognition of rights in aircraft signed at Geneva on June 19, 1948, the rights provided for in Article 1 of that convention which exist on the aircraft may be exercised only in recognition of the rights of the persons who suffered damages on the ground as provided for in Article 7 of that convention. Art. 28. Except in the case of judicial sale in the maimer provided for by decree, the registration of an aircraft may not be transferred to another State except by prior extinction of recorded rights or with the consent of the perso1~s entitled thereto. Until this condition has been fulfilled, the official in charge of the register must refuse. any cancellation. Art. 29. When there is attachment. of an aircraft registered in a State party to the convention for the recognition of rights in aircraft signed at Geneva on June 19, 1948, no judicial sale may be had when the rights that have preference over those of the attaching creditor cannot be satisfied by the sale price or when they are not assumed by the vendee. however, when a mortgaged aircraft causes damages to third per- sons on the ground within Dahomey, the provisions of the preceding paragraph may not. be invoked against such persons suffering the dam- a~e or their representatives in attaching the. aircraft which caused the damages or another aircraft of the same owner. Art. 30. Without thereby affecting more serious penalties, if they are in order, any act. of destruction or removal, or an attempt at. destruction or removal of an aircraft or spare parts on which a mortgage has been properly recorded. shall be punished by a fine of from 240,000 to 2~400,000 CFA or by imprisonment of from 2 months to 2 years. PAGENO="0563" AIR LAWS AND TREATIES OF THE WORLD 553 Any fraudulent act intended to deprive a creditor of his security shall be subject to the same penalties. Art. 31. Dahomey aircraft and, when there is reciprocity, foreign aircraft shall be exempt from attachment under the conditions speci- fied in the convention for the unification of certain rules on attachment of aircraft, signed in Rome on May ~9, 1933, or in any convention amending it which is applicable in Dahomey. Art. 3~. In the case of attachment for infringement of a patent, de- sign or model, the owner of a foreign aircraft or his representative may have the attachment lifted by deposit of a bond the amount of which, in the absence of a friendly agreement, shall be set within the shortest possible time by the president of the trial court at the place of the attachment. There shall be exempt from attachment the aircraft of public air- lines and spare parts and accessories indispensable in their operation provided that, in the case of foreign aircraft, they lawfully entered Dahomey territory and that there is reciprocity. Art. 33. When the owner of an aircraft is not domiciled in Dahomey, or when the aircraft has foreign nationality, any creditor shall have the right to attach the aircraft with the permission of the president of the trial court at the place where the aircraft has landed. The respective judge shall lift the attachment when the owner offers to deposit a bond equal to the amount of the debt claimed and he may order such lifting by setting the amount of the bond to be furnished in cases where the extent of the debt is contested. Art. 34. In the case of damages caused on the ground by the crash of a foreign aircraft or whose owner is domiciled aboard, and in the case of a violation of this code by a foreigner, all officials empowered by Article 83 to enforce Articles 1 to 86, and 115 to 1~6 of this Code, and particularly the administrative authorities a.t the place of land- ing may ask the public authorities to detain the aircraft for forty-eight hours in order to permit the judge to go to the place in question and to determine the amount of damage caused, but also, in the case of a violation, the amount of fine and costs. Art. 35. The persons specified in Articles 83 and 84 shall have the right to attach any Dahomey or foreign aircraft. which does not com- ply with the conditions provided for in this Book for air navigation or whose pilot has committed a violation. 1'ITLE II. FLIGHT OF AIRCRAFT CHAFYER I. THE RIGHT OF FLIGHT Art. 36. Aircraft may fly freely above Dahomey territory provided they observe the rules concerning air navigation and flight. However, aircraft of foreign nationality may fly above Dahomey territory only when they have been granted such iight by an iiffernational or diplo- matic agreement or when they have been granted an authorization which must be special and temporary. Article 5 of the Chicago Comivention shall apply to scheduled inter- national air services. Art. 37. Use of aircraft on maneuvering areas of airdromes and in flight must be in compliance with the flight rules. PAGENO="0564" 554 AIR LAWS AND TREATIES OF THE WORLD Flight rules and powers and the role of the civil aviation services shall be established by decree after notification of the Minister of Civil Aviation. Flight rules shall be applicable in the airspace under the control of the agency or agencies of the civil aviation services in the territory of the Republic of Dahorney. Outside the airspace as defined above they shall apply to aircraft which bear Dahomey nationality marks to the extent that this is com- patible with the rules of the State, or of the international organiza- tion which has authority over the airspace where the aircraft is flying. Art. 38. The right of an aircraft to fly over private property may not be exercised in such a manner as to infringe the right of the owner thereof. Art. 39. Flight over certain areas or, in exceptional circumstances, the entire territory of Dahomey may be prohibited by decree for rea- sons of a military nature or of public safety. The location and extent of prohibited areas must be specifically indicated in the decree. Any aircraft violating the above must., at the first request, land under the conditions specified in the decree. Art. 40. Aircraft must fly over towns or villages at such altitude that landing is always possible, even after loss of power, outside the village or on a public airdrome. Aerial dives and acrobatic.s by civil a.ircraft must be executed in com- pliance with the rules issued in this regard. Art. 41. Maneuvers of aircraft in public shows may take place only with authorization from the regional administrative authorities after notification of the competent. aeronautical authority. When the t.est consists of a flight including successive landings, au- tliorization shall be granted by the Ministry of the Interior after noti- ficat ion of the Minister of Civil Aviation. CHAPTER II. LANDING Art. 42. Except in case of force nvz.jeure or the cases provided for in the following paragraph, aircraft may only land on, and take off from properly established airdromes. A decree issue.d on the report of the Minister of Civil Aviation and the Minister of the Interior, shall define the conditions under which certain types of aircraft may land or take off at plaecs other than air- dromes, with the agreement of the person who is entitled to the land or water area used. However, such agreement. shall not be required in the case of aid and salvage operations for which aircraft. are use.d. A if. 4$. In case of landing or setting down on water on private property, the person entitled to the. laud or water a.rea may not prevent departure or removal of the aircraft when no attachment has 1SSued except. as provided in Article 34. Art. 4.4. Aircraft which make an international flight must land on customs airports under the conditions specified in the customs regula- t.i oils. They may have to follow a. specific a.ir route to c.ross the border. However, because of the nature of their operation, cert.arn categories of aircraft may be exempted by administrative authorization issued on PAGENO="0565" AIR LAWS AND TREATIES OF THE WORLD 555 request by the Minister of Civil Aviation, from landing on customs air- port.s; in such case, the authorization shall designate the airdrome of arrival and departure and, if required, the air route to be followed and the signals to be given at crossing the border or the boundary of the territorial waters. CHAPTER III. REGULATION OF FLIGHT OF AIRCRAY~ Art. 4.5. Any person who belongs to the flight personnel of an air- craft must have one or more valid aptitude licenses, corresponding to his duties and issued under conditions specified by decree. Art. 46. An aircraft may make a flight only when it has an air- worthiness certificate or when it has a flight permit by way of excep- t.ion issued after inspection of the aircraft under conditions deter- mined by decree. Such decree shall further determine the marks which must be affixed to aircraft and the operational rules, particularly, the documents which must be carried aboard and the tecimical operating conditions of air- craft, as well as operational rules applicable to foreign aircraft. Decrees shall also determine the operational rules applicable to foreigners. The costs for inspection required by the regulations for the issuance or renewal of the airworthiness certificate of aircraft shall be borne by the owners of the aircraft inspected under conditions specified by a decree (issued on the report of the Minister of Civil Aviation and the Minister of Finance). This decree shall specify, in particular, the rates of the costs to be reimbursed to the Treasury, when the inspection is made by officials of the State. Art. 47. Without a special authorization it. shall be prohibited to transport on aircraft any explosives, weapons, and ammunition, car- rier pigeons, or mail included in the postal monopoly. Transportation and use of photographic equipment may be pro- hibited by decree. The conditions for transportation of dangerous su' `tances, cultures of microbes, and small infected or dangerous animals shall be deter- mined by decree. Art. 48. No equipment for radio telegraph or radio telephone in- tende.d for the mobile aeronautical commnnications service may be in- stalled or used aboard an aircraft without special authorization; the same shall apply to equipment for radio navigation or electro-magnetic detection. Aircraft for public passenger transport. must. he equipped wit.h radio communication apparatus necessary for flight safety under conditions determined by regulation. In aU cases, the crew members who use radio telegraph or radio tele- phone equipment. must. have a radio operator's license or a qualification for radio telephone: the use of such equipment must, be in accordance with the regulations. Art. 49. Any aircraft landing on an airdrome or on private prop- erty shall be subject to the control and supervision of the adminis- t.rative authorities. PAGENO="0566" 556 AIR LAWS AND TREATIES OF THE WORLD Art. .50. Any aircraft in flight anywhere must submit to the orders of the police and customs stations and aircraft, in whatever form such order may be given. Art. 51. Aircraft flying exclusively over airdromes and areas ap- proved by the administrative authorities as training areas, shall not be subject to the provisions of Articles 45 to 52, provided such flights do not constitute a public show. However, they may not transport passengers unless they have a certificate of airworthiness. Art. .52. Airworthiness certificates, aptitude patents and licenses is- sued or validated by the State whose nationality the aircraft has, shall be recognized as valid for flight above Dahomey territory when reciprocity exists under an international convention or a decree. Trrr~E III. DAMAGES, LIABILITY, AND Loss or Amc~Fr Art. 53. During flight., pilots must comply with the rules provided for in Title II of this Book and must take all precautions necessary to avoid damages. Art. 54. In the case of damage caused by an aircraft in flight to another aircraft in flight, the liability of the pilot and of the operator of the aircraft shall he regulated by the provisions of the Civil Code. Art. 55. The operator of an aircraft shall be fully liable for damages caused to third persons on the ground by the flight of aircraft or by persons or articles falling therefrom. Such liability may be reduced or avoided only by proof of the negligence. of the injured person. Art. 56. Except with a special authorization, it shall be prohibited, other than in eases of force ma jeure, to throw from an aircraft in flight any goods or articles whatever, with the exception of regulation ballast. In case of jettisoning by reason of force ma. jeure. or jettisoning of regulation ballast, or of specially authorized jettisoning, which causes damage to persons aiid property on the ground, the liability shall be determined in accordance with the provisions of the preceding article. Art. 57. In the case. of charter of an aircraft, the owner and the operator shall be jointly liable to third persons for any damage. However~ when the charter has been recorded in t.he register, the owner shall only be liable when the third person proves negligence on his part. Art. 58. An action for damage liability shall be brought, at the choice of the plaintiff, in the court of the place where the damage was caused or in the. court at the domicile of the defendant. In the case of damage to an aircraft in flight, the court at the place where the aircraft had to land after the damage shall have jurisdiction. Art. 59. The provisions of the Merthant Marine Code concerning aid and salvage at sea shall apply to aircraft in danger at sea and to pilots of aircraft who may render assistance to the persons in danger. Art. 60. Any person who finds a wrecked aircraft must notify the nearest administrative authority within forty-eight hours after the discovery. However, the rules concerning shipwrecks shall apply only to air- craft wrecked at sea or on the seashore. Art. 61. In the case of disappearance of an aircraft without news, the aircraft shall be presumed lost three months after the date when the last news was sent. PAGENO="0567" AIR LAWS AND TREATIES OF THE WORLD 557 The death of persons aboard an aircraft may, after expiration of such period, be declared by a judgment in accordance with the provi- sions of the Civil Code. If necessary, the Minister of Civil Aviation may declare that there is a presumption of disappearance and he may send to the court of jurisdiction the requests necessary for a judicial declaration of the death of the persons who have disappeared. The persons concerned may also proceed, in accordance with the provisions of the Civil Code, to obtain a judicial declaration of death. In that case, such request shall be transmitted by the Public Ministry to the Minister of Civil Aviation. Art. 62. The manner of application of the preceding articles shall be determined by decree. TITLE IV. ACCIDENTS Art. 63. The flight commander shall submit a detailed report within forty-eight hours after any accident or event which may have serious consequences, whether it occurs on the ground, or in flight, or concern- ing any violation of flight rules. Art. 64. The Minister of Civil Aviation shall initiate all investiga- tions and inquiries in order to determine and state the causes of acci- dents or other events. He may appoint a commission of investigation, whose membership, functioning, and jurisdiction shall be determined by regulation. Art. 65. When the commission of investigation provided for in the preceding article finds negligence in performance of a professional duty, a copy of the file shall be sent directly to the Council of Flight Personnel provided for in Article 150 below. TImE V. CRIMINAL PRovIsIoNs Art. 6. Any owner shall be punished by a thie of from 60,000 to 1,200,000 CFA and by imprisonment of from six days to one month, or by only one of these penalties, who: 1) puts, or retains in service any aircraft which does not have a registration certificate, an airworthiness certificate, or a flight permit by way of exception; 2) puts, or retains in service any aircraft without the identifi- cation marks provided for in Article 4; 3) causes or permits to fly, any aircraft whose airworthiness certificate or flight permit by way of exception has ceased to be valid; 4) causes or permits to fly any aircra.ft under conditions other than those specified in the airworthiness certificate and related documents or the flight permit by way of exception; 5) causes or permits to fly any aircraft under conditions that are contrary to the provisions of Articles 36 and 48 of this Code. Art. 67. Any person shall be punished by a fine of from 60,000 to 1,200,000 CFA and by imprisonment of from six days to six mont.hs~ or by only one of these penalties, who: 1) flies, or participates in flying an aircraft without valid doc- uments required by the regulations; PAGENO="0568" 558 AIR LAWS AND TREATIES OF THE WORLD 2) destroys or removes a flight log or any other flight document required by air regulations or makes in such log or any other doe- ulnent inaccurate notations; 3) flies or participates in flying an aircraft under the conch- tions specified in Article 66; 4) violates Article 42. Art. 68. The penalties provided for in Article 66 shall be doubled when the violations specified in paragraphs 1), 3), and 4) of Article 66, and paragraph 1) of Article 67 have been committed after denial or withdrawal of the registration certificate, the airworthiness cer- tificate, or the flight permit by way of exception, or the licenses re- quired for crew members under the regulations. Art. 69. There shall be punished by a fine of from 12,000 to 200,000 CFA and by imprisonment of from six days to one month, or by only one of these penalties: 1) any person who is foimd aboard an aircraft in flight without being able to justify his presence by a proper ticket or by per- mission of the operator or the flight commander; 2) any person who does not comply with, or refuses to comply with the instructions of the flight commander in view of the safety of the aircraft or that of the persons carried. Art. 70. A pilot who does not comply with the provisions of Article 39 shall be punished by a. fine of from 60,000 to 1,200,000 CFA and by imprisonment of from 15 days to 3 months. Art. 71. Any person who affixes, or causes to be affixed to an air- craft., registration marks not in conformity with those on the regis- tration certificate, or who removes or causes to be removed, or renders or cause to be rendered illegible properly affixed marks, shall be pun- ished by a fine of from 120,000 to 2,400,000 CFA and by imprison- ment of from 6 months to 3 years. Art 72. The violation of any provision of Article 47 by any person shaH be punished by the penalties provided for in Article 66. There shall be p~mished by the penalties provide.d for in Article 69: 1) Any person who uses on an aircraft any article or apparatus the transport. of which is prohibited; 2) any person who, without special authorization, uses photo- graph or motion picture equipment. above prohibited areas. Art. 7.~. Any person who has been sentenced for a violation of the preceding articles and who commits a further violation of a provision of this Code, or the same violation within a period of five years from the end of the imprisonment or from payment of the fine, or from prescription of these two penalties, shall be sentenced to the maximum imprisonment and fine and these penalties may be doubled. Art. 74. There shall be punished by a fine of from 12,000 to 60,000 CFA and, according to the circumstances, also by imprisonment of from 6 days to one month: 1) any flight commander who does not keep or cause to be kept any of the flight documents required by Article 46, second paragraph, and any crew member specially ordered to keep them; 2) the owmer or charterer recorded in t.he register who omits to preserve any of the flight documents for 3 years from the last entry: 3) a.ny person who violates Article 40; PAGENO="0569" AIR LAWS AND TREATIES OF THE WORLD 559 4) any person who violates the regulations concerning technical operating conditions of aircraft issued in application of Article 46. In case of repetition, there shall always be imprisonment. There shall be repetition when, during the preceding year, a judgment has been rendered against the violator for one of these violations. Art. 75. Any person who violates article 41, or any decrees issued in application thereof, shall be punished by a fine of from 30,000 to 200,000 CFA, and, according to the circumstances, also [by imprison- ment.] 2 Art. 76. A prohibition to fly, or to participate in flying an aircraft may be imposed by judgment or ordinance for a period of from 3 months to 3 years, against a crew member sentenced under Articles 68, 70, and 71. When a crew member is sentenced the second time for the same vio- lation within the period provided for in Article 73, the prohibition to fly, or to participate in flying an aircraft shall be imposed and the duration thereof shall be the maximum period and may be doubled. The patents, licenses, and certificates held by the violators shall be deposited for the whole duration of the prohibition with the clerk of the court which imposed the prohibition. The persons sentenced must deposit such patents, licenses, and cer- tificates either with the above clerk or the clerk at their domicile, within 5 days after the date on which the sentence has become final, under penalty of from 6 days to 1 month imprisonment and a fine of from 6,000 to 120,000 CFA, without thereby affecting the penalties under Article 67 in the case that they fly or participate in flying an aircraft during the period of prohibition and such penalties cannot be intermingled. Art. 77. Tn accordance with Article 56 of this Code, any unauthor- ized jettisoning of articles from an aircraft in flight shall be punished by a fine of from 60,000 to 360,000 CFA and by imprisonment of from 6 days to months, or by only one of these penalties, even if such jettisoning causes no damage, and without thereby affecting more severe penalties which may be imposed in case of other violations. Art. 78. Any flight commander of an aircraft who, in the knowledge that the aircraft has caused or occasioned an accident on the ground, does not immediately notify the authorities of the nearest airport with which he can communicate, and thus attempts to avoid any criminal and civil liability he may have incurre.d, shall be punished by the pen- alties provided for by the law in cases of the offense of leaving the scene of an accident. Art. 79. The provisions of the Criminal Code pertaining to mitiga- tion and aggravation of penalties shall be applicable to all violations specified in this law. Art. 80. All provisions of laws relating to the prevention of viola- tions of customs regulations shall be applicable to goods imported or export.ed by aircraft under any customs system. All unauthorized unloading and dropping of goods other than that necessary for the welfare of the aircraft shall be punished by the penalties provided for in the customs law in respect to contraband. In case of a violation, the aircraft may only be used as surety for payment of the fine incurred, or may be subject to attachment which, 2Mlsslng in original text. Ed. PAGENO="0570" 560 AIR LAWS AND TREATIES OF THE WORLD however, shall be lifted when a bond is furnished or a deposit is paid to the extent of the fine. Art. 81. In regard to goods exported in discharge of temporary admittance or bonding permits subject to internal taxes, the shippers shall justify their shipment abroad by producing, within the periods specified, a valid customs certificate of destination under penalty of payment of four times the value of the goods. Art. 83. Article 79 shall not be applicable to violations specified m the customs laws. Art. 83. Violation of the provisions of this Book and of the regula- tions issued for its ap~1ication shall be prosecuted, independently of the officers of the judicial policy, by the officials of the tax authorities, the technical officials of the Bureau of Water and Forests or the Cus- toms, the gendarmes, the engineers, the technical officials and sub- agents of aeronautics, the engineers and officials of the Bureau of Public Works in charge of airports, the engineers and inspectors of mines, and the surveyors, the officials of the technical bureau of the Civil Aeronautics Board, military or naval officers, and agents of the military or naval authorities appointed for such purpose. Art. 84. The State Attorney, the investigating courts, the justices of the peace, the police officers at the office of the State attorney desig- nated by the Code of Criminal Investigation, the officials of the tech- nical bureau of the Civil Aviation Board, military or naval officers, and agents of the civil or military authorities appointed for such pur- pose, the gendarmes and customs agents, and the technical officials of the Bureau of Water and Forests shall have the right to seize explosives, weapons and ammunition, carrier pigeons, photographic equipment, photographic negatives and mail, as well as all radio tele- graph and telephone equipment which may be on board without the special authorization provided for in Articles 47 and 48. These authorities may seize carrier pigeons, photographic equip- ment and negatives which may be on board aircraft authorized to transport such articles in case such aircraft passed over prohibited areas. Confiscation of articles and equipment lawfully seized shall be pro- nounced by the courts. Art. 8.5. An aircraft whose airworthiness certificate and registra- tion certificate cannot. be produced or whose registration marks do not agree with those on the registration certificate may be detained at the expense of the owner or, in the case of a charter recorded in the register, at the expense of the recorded charterer, by the authorities in charge of enforcement of this Code until the identity of the owner has been eStal)liShed. Art. 80. The file stating violations of t.his Code and the decrees pro- vided for therein, shall be transmitted without delay to the State attorney. BOOK II. AIRDROMES TITLE I. AIRDROME REGULATION chAPTER I. ESTABLIShMENT AND OPERATION Art. 87. An airdrome shall be deemed any land or water area spe- cially equipped for the landing, take-off, and maneuvering of air- PAGENO="0571" AIR LAWS AND TREATIES OF THE WORLD 561 craft, including the related installations which may be present for the needs of traffic and service of aircraft. Art. 88. An airdrome shall he called "open to public air traffic" when all aircraft which have the appropriate technical characteristics are authorized to use it, subject to the provisions of Article 91. Art. 89. A decree shall state the conditions of creation, establish- ment and use of airdromes whether or not. they are open to public air traffic. Art. 90. Opening of an airdrome to public air traffic shall be pro- nounced by ordinance of the Minister of Civil Aviation after a tech- nical investigation. Closing of an airdrome to public air traffic shall occur in the same manner. Art. 91. The use of an airdrome open to public air traffic may at any time be made subject to certain restrictions or may be temporarily closed if flight conditions oii the airdrome or in the adjoining airspace, or reasons of public order justify such action. Such decisions shall be the subject of notices to air navigators. Art. 92. Airdromes for public air tra.ffic may be established by the State, by public organizations and public establishments, or by private natural or legal persons who fulfill the conditions specified by decree. Art. 93. All airdromes may be made subject to the teclmical and administrative control of the State, under conditions determined by decree. Art. 94. Contrac.ts granted by the State for the const.ruction, main- tenance, and operation of airdromes owned by it, shall be subject to the following conditions: The cost accounts ~ of the contracts shall be approved by decree issued on the report of the Minister of Civil Aviation and the Minister of Finance. [Contracts which do not involve a cost account. shall be awarded by inter-ministerial ordinance.] ~ Art. 95. The establishment of an airdrome for public air traffic that does not belong to the State shall be subject ~ the conclusion of an agreement. between the Minister of Civil Aviatiii and the public or private natural or legal person who established the airport; such agreement. must be approved by the Minister who supervises the public organization or establishment concerned. It shall also be subject to approval by the Minister of Finance if it involves financial obligations of the State. A it. 96. For reasons of national defense a decree may prescribe that the State temporarily or permanently replace the operator of an airdrome. ChAPTER II. CLASSH'ICATION Art. 97. Airdromes for public air t.raffic shall he subject to a classi- fication established by taking account of the character and the im- portance of the traffic thereon. Art. 98. The technical and administrative conditions of t.he classi- fication provided for in the preceding article, the categories into which airdromes are divided, the procedure preceding the classification and ~ See Art. 86 of the French Code of Civil and Commercial Aviation for this term. Ed. `Missing In original text. Ed. PAGENO="0572" 562 MR LAWS AND TREATIES OF THE WORLD the effects of the classification shall be determined by decree issued on the report of the Minister of Civil Aviation, on the advice of the Minister of Justice, the Minister of Finance, the Minister of the In- tenor, and the Minister of National Defense. Art. 99. [The classification of airdromes shall be declared by decree issued on the report of the Minister of Civil Aviation, on the advice of the Minister of Finance, the Minister of the Interior, and other Ministers concerned.] ~ CHAPTER III. FEES Ari~. 100. On all airdromes open to public air traffic the services ren- dered to users and to the public shall give rise to a remuneration in the form of fees levied for the benefit of the person rendering t.he service, and particularly for the following operations: Landing of aircraft: Use of devices of assistance to air navigation; Use of aeronautical telecommunications facilities; Parking and hangar space for aircraft; Use of installations equipped for the reception of passengers and goods: Occupation of land and buildings; Use of various installations and workshops. Art. 101. The fees provided for in the preceding article shall be fixed by decree, on the advice of the Superior Council of the Civil Aeronautics Board whose composition and rules of operation shall also be specified by decree. Art. 102. The fees shall become due on use of the facilities, installa- tions, buildings. and workshops for which they constitute the payment, (and they must be commensurate with the services rendered). In case of non-payment of fees due from the operator of air aircraft., the operator of the airdrome 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 amounts in dispute. Fees accruing to the State, to public organizations and to public establishments shall be collected by a revenue agent. They shall be paid, in accordance with applicable rules, to the organization or estab- lishment which has the benefit thereof, and as regards the State, in accordance with the rules applicable to foreign credits, into taxes and the Treasury by virtue of the power to obtain receipts granted by the Minister of Finance. When the fees have been paid in cash, their receipt may be ensured by a collector. TITLE II. AERONAUTICAL RESTRICTIONS Art. 103. In order to ensure the safety of navigation of aircraft, special restrictions called "aeronautical restrictions" are imposed. Such restrictions shall include: 1. Aeronautical restrictions for the purpose of clearance in- cluding the prohibition to create, or t.he obligation to remove, any obstacles that may constitute a danger to air traffic or impair the functioning of safet.y devices established in the interest of air traffic ~ The original text repeats Art. 98 up to the word "decree." Presumably, this is In error, and the law of Niger is correct. Ed. PAGENO="0573" AIR LAWS AND TREATIES OF THE WORLD 563 2. Aeronautical restrictions of marking, carrying an obligation to provide visual or radio-electric devices on certain obstacles and locations in order to notify their presence to air navigators or to permit their identification, or t.o support the installation of such devices. Art. 104. The provisions of this Title shall be applicable: a) To airdromes intended for public air traffic or established by the State; b) to airdromes not intended for public air traffic and estab- lished by a natural or legal person othe.r than the State; c) to installations of aid to air navigation, or aeronautical tele- communications, but the provisions concerning restrictions estab- lished in t.he interast of radio-electric transmissions and reception shall apply; d) to certain locations which constitute preferred reference points for air navigation. Art. 10.5. The restrictions provided for in Article 103 shall ensure to air navigation conditions of safety at least equivalent to those result- ing from the standards and recommendations of the International Civil Aviation Organization, in accordance with annex 14 of the Con- \-ention on International Civil Aviat.ion of December 7, 1944. Art. 106. The Minister of Civil Aviation or, for airdromes or air routes concerning him, the Minister of National Defense, may pre- scribe day and night markings or markings for day or for night time for all obstacles which he considers dangerous to air navigation. He may further order the installation of visual or radio-electric de- vices of aid to air navigation. He may also order the removal or modification of any visual device other than a maritime marker, which is such as to create confusion with visual aids to air navigation. Art. 107. In order to install the markings mentioned in Article 106, the administration shall have the right to build supports, to pass, to cut or trim trees, and 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. Art. 108. Outside of the areas subject to clearance restrictions in application of this Title, the establishment of certain installations which, due to their height, may constitute obstacles to air navigation, shall be subject to special authorization by the Minister of Civil Aviation or, insofar as it concerns him, the Minister of National Defense. Ministerial ordinances shall determine the installations sub- ject to authorization. Art. 109. WThen, for reasons of the requirements of air traffic, the competent authority decides on the expansion or establishment of air- dromes or of installations intended to ensure the safety of air naviga- tion, the necessary land, if not already reserved for that purpose or approved, may be declared reserved by decree after a public investi- gation in the form prescribed by the provisions applicable to ex- propriation. Art. 110. A decree shall prescribe the methods of application of this Title. PAGENO="0574" 564 AIR LAWS ~ TREATIES OF THE WORLD TITLE III. CRIMINAL PROVISIONS Art. 111. Any person who remains or enters on any land prohibited by the general regulations and ordinances concerning airdromes affected with a public service, or permits cattle, carriage, pack or rid- ing animals to remain thereon, shall be subject to the penalties pro- vided for in this matter by the Criminal Code and, in addition, may be. deprived of any right to damages in the case of an accident. The provisions of Articles 83 and 86 shall be applicable to this article. Art. 11~?. Violations of the regulations concerning aeronautical restrictions of clearance and marking established in the interest of air navigation shall be punished by a fine of from 50,000 to 1,500,000 CFA. In the case of repetition. violations shall be punished by a fine of from 100,000 to 3,000,000 CFA, and by imprisonment of from ten days to three months, or by only one of these penalties. Art. 113. On request of the Public Ministry, acting at the request of the Minister concerned, the court that has cognizance of t.he case shall, under the penalty of 1.000 to 10~000 CFA for each da.y of delay, impose on the persons who violate these provisions, a time limit t.o remove or modify the structures subject to restrictions or to provide markings thereon. When such time period is not observed, the penalty imposed shall be due from the expiration of said time limit until the day when the situation has been effectively remedied. WT1IeII the matter has not been remedied within one year from the expiration of the time limit, the court may, on request of the Public Ministry acting under the same conditions, collect, once or several times, the amount of the penalty, even exceeding t.he maximum pro- vided above. The court. may decree return of part of the penalties when the matter has been remedied and the person liable shows that he had been pre- vented by circumstances beyond his control to observe the time limit imposed. `When at the expiration of the time limit set in the judgment the matter has not been remedied, the administration may do the work at the expense and risk of the persons liable therefor. The penalties shall be collected by the revenue agents of the Treasury. rfllere shall be a liichiment against, the persoi~s subject to civil ha- bil~tv for removal of the structures subject to the restriction or to the esteblishment and maintenance of the marking provided for in Ar- ticle 106. In case of non-compliance within the time limit, imposed on them for suc~ purpose by the court, the Administration shall have the right to proceed on its own at their expense, risk and peril, and to recover from them all expenses it has incurred. BOOK III. AIR TRANSPORTATION Ji't. 114. Air transportation means the transportation by aircraft of passengers. mail and goods from one point to another. PAGENO="0575" AIR LAWS AND TREATIES OF THE WORLD 565 TImE I. TRANSPORTATION CONTRACT CIIAVFER I. mANSPORTATION OF GOODS Art. 11-ui. The rules of the Commercial Code concerning transport.a- t.ion on the. ground and by water shall apply to transportation by air, except as provided in the following articles: Art. 116. Contracts for air transportation of goods shall be. governed by the provisions of the Warsaw Convention of October 12, 1929, or any Convention or protocol modifying it and applicable in Dahomey, even if the transportation is not international in the sense of that convent ion. Art. 117. Liability of the carrier of goods or baggage shall be gov- erned, in the case of transportation by air, by the provisions of the Warsaw Convention of October 12, 1929, under the conditions pro- vided for in Article 116 above. Art 118. The fraud provided for in Article 26, paragraph 4, of said convention, is one by which the carrier hides or tries to hide a loss, shortage or delay, or by any other means prevents or tries to prevent the addressee from presenting his claims within the required time. The injured person shall also be relieved from the running of the statute of limitations as provided for in this law if he has been pre- vented from presenting his claim by force ~n.ajeure. Art. 119. An action for liability niav l)e brought.~ at the choice of tile plailltiff, either before tile court of the domicile of the carrier, at ilis principal place of operation or at the place where lie possesses an establishment by means of which the contract. was concluded, or before tue court of tile place of destination. An action for liability must. l)C brought, under penalty of iosing the right, within two ears from the (Ta when the aircraft has arrived or should have arrive.(l at the place of destination. Art. 120. The carrier shall make out a manifest. containing tile type aild nature of tile goods carried under tile conditions specified by tile regulat.iolls. A duplicate of tile mamfest shall be. kept aboard tile aircraft. and be made available, on re.quest, to tile flight controllers and customs officials. Art. 121. Jettisoning of goods iiecessarv for the welfare of the air- craft. shall not. create liability on tile pamt of the carrier to tile shipper and tile addressee on account of such loss of the goods. ChAPTER II. TRANSPORTATION OF PERSONS Art. 122. Contracts for transportatioll of passengers must. be made by delivery of a ticket.. The carrier must submit. to the competent authorities a traffic form or, in the absence thereof, a passenger manifest. However, this pro~~~~or1 shall not apply to trips which provide for return to the airport of departure without an iiitermedlate stop. Art. 123. For international t.ransporta.tion~ the operators shall take the precaut.ions necessary to ensure that. tile passengers possess all documents required by tile States for purposes of control. Art. 124. Liability of a carrier of persons shall be governed by the provisions of the Convention of Warsaw of October 12, 1929, as pro- vided for in Articles 117, 118, and 119 above. However, unless there PAGENO="0576" 566 AIR LAWS AND ThEATIES OF THE WORLD are contrary provisions in the agreement, 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 per- sons bringing the action, and whatever the right they pretend to claim, may be. CHAPTER III. CHARTER AND RENTAL Art. 125. Tn case of charter of an aircraft for a predetermined time, the crew members as defined by the regulations shall remain the agents of the aircraft. owner, unless there is an agreement to the contrary. Art. 126. The owner of an aircra.ft chartered to a third person shall remain liable for all legal obligations and shall be jointly liable with the charterer for any violation thereof. However, when the charter contract is recorded in the register and when the charterer fulfills the conditions required for ownership in a Dahomev aircraft, such charterer shall be solely liable as operator for all legal obligations and shall be solely liable for violation thereof. TITLE IT. CARRIERS CHAPTER I. DAHOMEY CARRIERS Art. 127. No one shall engage in air transportation on a commercial bc~is and for payment, unless he has been authorized (by the Minister of Civil Aviation). The manner in which such authorization is granted or withdrawn, shall be determined by decree. Art. 128. Carriers authorized under Article 127 above must submit for prior approval of the Minister of Civil Aviation: 1) Their genera.1 plans for the purchase and rental of flight equipment; 2) Their plans of operation containing in particular an mdi- cation of the types of equipment normally used in each of the passenger services listed in such plans. The Superior Council of the Civil Aeronautics Board shall have jurisdiction to decide on su&~li plans and on all changes made therein. The rates shall be submitted for approval to the Minister of Civil Aviation. Transportation of a maximum of six passengers by aircraft whose weight is less than a maximum fixed by a decree shall not be subject to the obligations specified in this article. Art. 129. Conditions of coordination between air transportation and transportation on the ground shall be determined by decree. Art. 130. Air carriers shall be subject. to the technical control exer- cised by the Minister of Civil Aviation in order to insure air safety. Expenses incurred by such control shall be borne by the carriers. Art. 131. Control by the State of air carriers shall be exercised as regards tecirnical operation and working conditions for the personnel, commercial operation and administrative regulation by the Minister of Civil Aviation. PAGENO="0577" AIR LAWS AND TREATIES OF THE WORLD 567 Art. 132. The Minister of Civil Aviation may delegate certain functions of control to a tecimical organization set up for this purpose. Art. 133. 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. A it. 134. The conditions of application of Articles 122 and 124, shall be fixed by decree. CHAFFER II. TIlE COMPANY "AIR AFRIQUE" Art. 135. The company "Air Afrique" established by the Treaty of Yaoundé signed on March 28, 1961, shall be deemed to have Dahomey nationality. CITAF1'ER Ill. FOREIGN CARRIERS Art. 136. The est.ablishmemit and operation of foreign scheduled international air carriers coming from, or going to Dahomey shall be subject to prior authorization by the Government. A it. 137. The plans, timetables, rates an(l technical facilities for operation of foreign air carriers providing services from or to Dahomey must be submitted to the competent aviation authorities under the conditions fixed by the latter. Art. 138. Commiiercial transportation of passengers and goods be- tween two points in Dahomey shall he reserved to Dahomey carriers excel)t for speciiti and temporary exceptions. ChAPTER 1\~. PENALTIES Art. 139. When an air carrier violates the provision of Articles 128, 130, 137', and 138, in regard to all or some of the activities undertaken, the suspension or withdrawal of the permits or authorizations granted may be pronounced by decree. Art. 140. Any Dahomey or foreign air carrier who, without. author- ization or in violation of the conditions prescribed in the authorizations issued to him, undertakes in Dahioniey any air transportation, shall be punishable by a fine. Such fine shall be imposed by any agent empowered to pursue vio- lations in air traffic mat.ters, pai~ticularly by airdrome commanders, and shall be paid in cash to the qualified agents, p~ti~tcu1ar1y to collectors of fees attached to airdromes. Such fine shall be in proportion to the. weight of the aircraft and shall be established on the basis of 2~,O0U francs CFA per ton, for each transportation. The weight considered shall be the inaxiniuni take-off weight under the airworthiness certificate. Any fraction of a ton shall count as a ton. If payment of the fine is refused, or in case of repetition, the air- craft may be sequestered on the request of the competent aviation authorities. BOOK IV. FLIGHT PERSONNEL TITLE I. PROFESSIONAL Frjc.rrr I~E1hSONNEL CHAFFER I. CATEGORIES Art. 1.41. The capacity of professional airman of civil aeronautics shall be. granted to persons whose habitual and principal occupation :;9-7:~7---6j---vo1. 1-37 PAGENO="0578" 568 AIR LAWS AND TREATIES OF THE WORLD 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) The servicing aboard of other equipment installed in the air- craft, and particularly, photographic and meteorological equip- ment, or equipment serving agr~ultural work and equipment. serving the operation of parachutes (sect.ion C) Additional services aboard shall include particularly the com- mercial flight personnel of the. air carriers (section ID). Ji'(. 14~2. The professional flight personnel of civil aeronautics shall belong to one of the three following categories: I. Testing and admissions. IT. Air transportation. III. Air work. Ai't. 143. 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- tributiiig to the operatioll 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- videci 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 (lone 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 arid admissions defined in 1 and 2 above. It shall include, ~" particular flight instruction, demonstration and advertising flights, photography, parachuting, publicity and agricultural air operations. Ii~t. 144. The classification, by section and by category, of the pro- fessional flight personnel of civil aeronautics of sections A and B and of the personnel in sections C and ID is determined, upon the advice of tile council of flight personnel defined in Article 150. _[ f. 145. No one may be a member of the professional flight per- sonnel of civil aeronautics in section A. B, and C and of the permanent personnel in section ID who is not registered in the respective special re.~rister for his category anti section. however, the personnel in Section ID lured for a period of less than six months shall not be registered in the register. PAGENO="0579" Al-i LAWS AND TREATIES OF THE WORLD 569 Art. 14(1. Tn order to be first registered in any of the registers. i-lie applicant must, satisfy the following conditions and lie must 1) Be of I)ahomev nationality: ~) hold certificates (sections A, B, C) or the certificate of safety and lifesaving (section 1)) as well as, depending on i-lie case, vaii(l licenses coil espot ~fl:i- ~ lie applicable register; ~) Not, have l)een convicted to serve a prison term or a more serious penalty, either for a crinic- or a delict against decency and good morals. B dec-ice issued after advice of tIme council of flight personnel shall be fixed: a) the rules aI)plicable to the establishment and the keeping of such registers; b) the conditions under which changes in registration, refusal of registration, suspension, elmi imiation and re-registration may be made, as well a~ the conditions under which applicaiits niust justify their registration in the register. Art. 147. Persons who do not have Dahoiney nationality, and who are admit ted to exercise- a professional activity iii tile Republic of I)ahomev may be authorized to exercise temh)orarilv the activities reserved by Article 141 to tile professional flight, personnel of the civil aeronautics. 1ITI.E 11. PATENTs. LTCENSES. AND Qr.~iiricvrioxs Art. 148. The titles designated "patent .s~' denote general overall theoretical and practical knowledge. They are issued after an exaini- nation and are permanently acqinreci by the titleholders. The titles designated "licenses denote all aptitude and the right, for titleholders of Patents, to execute the. corresponding functions sub- ject to the qualifications provided for in the following article. Licenses are valid only for a limited time: they may be renewed after periodic examination for tile various aptitudes required. The. list of patents and licenses, tile conditions reqmrecl to obtain them, tile rules, plans, and regulations for pertinent, examinations and the rules for exemption of candidates who possess certain Daliomev or foreign qualifications denoting knowledge at least equal to that re- quired for such examinations, shall be fixed by regulations. In no case shall the beneficiaries of the exemptions nientioned above l)e exempt from the practical examination. Art. 149. The. exercise of functions corresponding to the different licenses is subject. to the titleholder's possession of special I)1~ofes- sional qualifications in view of the aircraft, the equipment, and the conditions of the flights contemplated. The definition of the special professional qualifications, the condi- ~io1~sto ol)tamn and renew theni, t lie plans and reg:ilat ions for the re- spectixe examinations shiafl 1)0 fixcd liv re~ulatinns. A it. 150. The council of professional fi~ht J)eiswllIel of civil aero- nautics 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 I lie persunne.l mentioned in Articles 148 and 149. PAGENO="0580" 570 AIR LAWS AND TREATIES OF THE WORLD 2) of keeping track of any informative matter in the develop me.nt of aeronautical techniques for the better exercise of the profession. 3) To propose to the minister concerned the application of the penalties provided for in Article 168. 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 membership and functioning of the council shall be fixed by d ecree. TImE III. THE AIRCRAFT Co~r~rAND~ AND THE CREW A It. 151. 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. The members of the crew shall be appointed by t.he operator and carried on a list, as required by the regulations. Ai t. 15~?. The functions of aircraft commander shall be exercised by a. pilot.. The aircraft commander shall be named first on the crew list. In the case of death or disability of the aircraft commander, the command of the aircraft to the place of landing shall be exercised a~ a matter of law in the. order set by such list.. Art. 153. The aircraft commander shall be responsible for the exedu- tion of the mission and shall have authority over all persons aboard. lie shall have the right, to remove. from the aircraft any person among the crew or the passengers or any 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, during the flight, discharge all ai' 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. Art. 154. The aircraft. commander shall be consignee of the aircraft i~.nd shall be responsible for the cargo. In the case of difficulties in the xecut.ion of his task, lie 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) t.o have repairs made that. are necessary to permit the air- craft to continue it.s mission within a reasonable time; c.) to take all measures a.nd incur all expenses to assure the safety of the. persons a.board and the safekeeping of t.he 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. TImE I'\. WORK CONTRACTS Ait. 155. 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 guarantee.d monthly minimum salary; PAGENO="0581" AIR LAWS AND TREATIES OF THE WORLD 571 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 paynient 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 or~ranizat.1On, and for section D, on the basis of one-half month per year of service, and the oI)erator shall not. be held to exceed a total of twelve months for sections A, B and C, and six months for section D; 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 duty of the airman: the duration of the stay outside Daliomev not to exceed three con- secutive years except. b agreement betw-een 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 pait, to he re- pat.riatecl 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 pa1~ty 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 (luring tile same peijod 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 t.o at least one and one-half month, except in the case of gross negligence. The employer may, howevei'. 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 (luring the last year of regular employment. Except. where. a. public service has to be assured, the airmen and the other flight, personnel cannot. he 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 cx- presslv 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 requisitioning by the public authorities as provided for by the laws in force. A~f. 156. A work contract of predetermined duration whose term ends during the course. of a mission shall be deemed extended until the accomplishment, of the mission. A work contract of irndetermined 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. PAGENO="0582" 572 AIR LAWS AND TREATIES OF THE WORLD Ji't. 157. Interruption of as mission decided upon by the aircraft commander for safety reasons shaH not constitute a breach of the work contract. The aircraft commander shall render an account to the operator of the circumstances which led him to decide on interrupt- ing the mission. All expenses resulting from such interruption shall be borne by the operator including those specified in the preceding article. Art. 158. In the case of internment, arrest or captivity of a member of the crew while in service, and which is not obviously the result of an ordinary crime, the work contract shall be deemed 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 c.oncerned shall be asked to present a report concerning the cause and the circumstances of the measures ivh icli 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 dela. and also the amount of expenses, if any, for housing and living 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. Art. 159. No member of the flight personnel of the civil aeronautics 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 air- worthy. In order to improve and perfect their professional knowledge, the members of the flight personnel may be called to take instruction courses on the groimcl that are considered necessary by the manage- ment of the operator or by the administrative authorities. A it. 1(10. Apart from the property which, under the provisions of the laws. may not he seized or garnished, the following shall be neither seized nor garnished for any reason whatsoever: the equip- ment, 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, arid expenses for repatria- tion to the place of hiring may be assigned or seized. 1 i/. 1(11. 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 salar provided for in this title, shall be fixed by a ministerial order. PAGENO="0583" AIR LAWS AND TREATIES OF THE WORLD 573 TITLE V. DISCIPLINE Art. 16g. 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 armed forces (air) depending on whether the aircraft com- mander 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. Art. 163. The competent administrative authority shall proceed to all investigations anti inquiries in order to seek and state the causes of accidents or incidents. Art. 164. A commission of investigation may be set. up by order. Such commission must hear the representatives of the operators concerned, as well as the flight persominel in question, or its rep- resentatives. Invest.nration reports shall he addressed to the conrts upon their request, and on request, to the foreign States which have participated in the investigation, to the departments of the ministries, to the oper- ating companies, to aviation clubs, to the owners of the aircraft coil- cerned in the accident a.nd to the Journal Officiel for publication. Art. 16~5. The council of the flight. persoimel provi(ied for in Arti- cle 150 shall have the task of proposing to the competent minister th application of the penaltie.s provide(1 for in Article. 1~8 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. Art. 166. Wrhen the commission of investigation provided for in Ar- tide 164 concludes that there was professional negligence, a ctnplicat.e file shall be sent direct.ly to the council of the flight personnel. Art. 167. The person concerned may challenge. the. members of the council under the conditions provided for in Articles ~78 et .~eq. of the Code of Civil Procedure. Art. 168. Disciplinary penalties within the jurisdiction of the coun- cil of the flight, personnel shall he 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 l)1~o\idled1 for in Art ide 145. Art. 169. In case there is a serious presumption colmcermng the, re- sponsibility of the aircraft commander or a member of the crew and while awaiting the conclusions of the council of the. flight personnel, the competent minister may relieve the leI~son concerned of his func- tions 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. Art. 170. Any violation of time re.gimlations concerning work~ng hours of the flight, personnel shall mean emit omatic withdrawal of the. license of the person committing the violation for a period of not. less than fifteen days, nor more than t.wo months. PAGENO="0584" 574 AIR LAWS AND TREATIES OF THE WORLD TITLE VI. PENSIONS Art. 171. A decree shall determine the rights of the professi~onal flight personnel in case of permanent or temporary loss of working capacity, and the pension system applicable to them. TITLE VII. CRIMINAL PROVISIONS Art. 172. Any person who performs any of the duties requiring a patent, license and qualification of the professional flight personnel of civil aviation in violation of the provision of this Title, shall be punished by a fine of from 20,000 to 120,000 francs CFA, and by im- prisonment of from ten days to one month, or by only one of these penalties. Any management official of a. carrier who entrusts such duties to a person who does not fulfill the conditions required by this title, shall be subject to the same penalty. PAGENO="0585" DENMARK PRELT~IIN~\RY Nm'i: FOR FIxr~~xD Denmark, Finland, Norway and Sweden agreed to prepare uniform air laws for all four countries in the framework of the Nordic Coun- cil, and to put them into force simultaneously. Laws, based on this uniform draft, were enacted by the legislatures of Denmark, Norway, and Sweden. Finland did not enact a new law by the time agreed upon, and the old law is still in force. A Finnish preliminary draft for a new air law was prepared by a special committee and submitted to the Cabinet on January 1, 1961. It was transmitted to a legal committee of the Cabinet, on January 30, 1962.. According to the information available, the draft, which dif- fers to a certain degree. from the laws of the other Scandinavian coun- tries, is now under discussion hut has not been submitted to the Legis- lature. It. is not, possible to predict when it will be enacted. PRELIMIN~~RY Noi~ FOR DEN~L~RK. ICELAND. NORWAY AND SWEDEN On January 1, 1962, new air laws and new regulations for the appli- cation thereof went into effect in Denmark, Norway and Sweden. They were drafted within the framework of legal cooperation among the. three. countries. On the drafting committee there were also rep- resentatives of FinTand and Iceland. The new law was adopted by the legislatures of Sweden on .`nne 6. 19Y1 (later amellde(l) . to Den- mark on June 10, 1960. and of Norway on December 16. 1960. (Ice] and passed a new law on May 9. 1964. See `~`nfr(7.) The laws are close as to ma.in principles, but they are not uniform and differ considerably in detail and wording. There were many reasons for revision of the air laws which (late as far back as the beginning of the twenties. First, the old laws were obsolete in view of the technical development of aviation. Second, these. countries had ratified the Chicago Convention, and it was neces- sarv to adapt the internal laws to the provision of the Chicago Con- vent.ion and other international conventions. In accordance with the Chicago Convention, the new Scandinavian air laws express unrestricted sovereignty of the States over the air- space. The law-s do not contain explicit provisions on outer space. It. was the opinion of the drafting committee that this question should he solved by international organizations or agreements. However, the committee discussed the problems arising from the appearance of new inventions as a. result. of technical developments which cannot be con- sidered aircraft in the sense of air laws. For these new "extraor- dinary types" of air vehicle, a special article was adopted in the laws PAGENO="0586" 576 AIR LAWS AND TREATIES OF THE WORLD of each of the three countries relating to aircraft without a pilot., or which are of an extraordinary type, and to related inventions which are designed to move in the air but are. not aircraft. In each country the King is authorized to issue special regulations concerning such vehicles and inventions and, if necessary, t.o enact exceptions from the provisions of the law. Another major consi(ieration in Denmark, Norway and Sweden in revising the air laws was the coopera.tion of these countries in the field of flight operations. International cooperation among the private aviation companies of Denmark, Norway and Sweden started in 1946 when these companies fornied a consortiuiii for the operation of inter- continental air service, named Overseas Sc.andiiiavian Airlines Sys- tem (OSAS). In 148 a separate arrangement was made for the traffic in Europe and the Near-East, called European Scandinavian Airlines System (ESAS). An agreement, of February 8, it)51 among the companies of the three countries, which was approved by the three governments, con sol i dated the former consort.i a into a new consortium, the Scandinavian Airlines System (SAS) with a share capital of S30,350.500, divided among the three countries in the ratio of 3-2-2, e.g.. the Swedish share is ~ of the capital. and the Danish and Nor- \vegian shares ~. each. Fifty per cent of the shares are Government owned and fifty per cent are privately owned. Parties to the agree- ment are three companies, A ictiebola get Aei'oti~in.cport in Sweden, Det Dansi.'e Lu ftfai'tsselskab in Denmark and Det iVo~the Luftfartsselslcap in Norway. One half of the members of the Board of Directors are appointed by the respective Governments and the other half elected by the pI~1\~ate shareholders. The a.ctivitie.s in the workshops and hangars and the number of the employees of higher rank or of technical learning are also divided among the countries in the ratio of 3-2-2. The head- quarters of t.he consortium are at Stockholm, Sweden. Aircraft at the disposal of the SAS and other propert.y are owned jointly by the contracting parties. Aircraft are registered in the ratio of 3-2-2 in Sweden, Denmark and Norway. They are marked u-ith the nationality and registration marks of the country of registra- tion and, in addition, with the. special emblem of the SAS. Flight personnel is granted certificates by the State of their nationality, validated for service on the aircraft registered in the two other coun- tries by special documents issued by the authorities of the two other countries. Airworthiness certificates are issued by the State of regis- tration. According to a special Government Agreement. of December 20, 1951, the civil aviation authorities of the three countries will cooperate with regard to the exercise of control of SAS air operations according to the national laws of the three countries, arid international rules. Disputes rega.rding the application of the agreement are subject of arbitration. If no agreement. is reached among t.he parties the presidents of the Supreme. Courts of the three countries appoint the arbitrators, one. from each country. The pe.r~od of vahidit of the Agreement is 25 years. By an Adcli- tional agreement of 1959 the period was extended to September 30, I 9S5. PAGENO="0587" AIR LAWS AND TREATIES OF THE WORLD 577 Royal Decree on Alaleing Effect ive the Law on Aviation of June 10. 1960, No. 252 of December 8, 196.1 No. 353 Pursuant to Article 157 of the Law on Aviation of June 10, 1960, No. 252, be it resolved that the law shall be effective from January 1, 1962, with the. exception of Chapter 9, and that. the Law on Transpor- tation by Aircraft. of May 7, 1937, No. 123 shall apply temporarily.2 According to the Resolution of the King of June 18, 1963, No. 272, Chapter IX of the Law on Aviation June 1).), 11)60, has bee.n effective from August. 1, 1063. (Lovtidende A. No. XXIII. 1963.) Law on Aviation of June 10. 196(1. So. 252 ~ 1. CIVIL AVTATIOX C11Ai'nn~ 1. Imnuiuc'roin PilovislONs Artcle 1. Flights within Daiiish territory may take place only in accordance. with this law and the regulations enacted pursuant to this law. J,'t1c7' 2. Flights within Danish territory may only be made by aircraft a ) of I)auish nationality, or b) of foreign nationality if a treaty has been concluded grant- ing the foreign couiitry such right of aviation, or C ) which has a special license. front the Ministry of Public Works. The license referred to under (c.) may be granted uiidei such coiidi- tions as are considered in each case, necessary for flight safety or any other circumstances pertaining to the. public interest. This license mas' he revoked at. any time. Aq'tie7e 3. For reasons of public safety, or, if required, by military considerations, flights ma be restricted or prohibited in certain areas by Royal decree. If it is required for public, safety or if there are exceptional circum- stances, flights may be temporarily restr~c.ted or prohibited by Royal decree. throughout. the realm. A ,t/(/C 4. This law also applies to Danish aircraft outside Danish territory, unless otherwise provided for in the law or unless the. pro- visions of the law conflict, with a foreign law which applies by virtue of a. treaty concluded with such foreign country or, in general, with general principles of law. Article 5. In accordance with the provisions of chapter 9 on Air Transportation, concerning the scope of application, onl the restric- tions stipulate(l in Articles 90 and 91 of this chapter shall be. applied umless otherwise provided for in a. treaty with a foreign country. CIL\PTER 2. REmsTILvrlox. N.\TICNALTTV, ~\XD M~~RK1xG A /`t~C7' 6. ~n aircraft re~ister (nationality register) shall be kept by the Aviation Board in its cal)acity as registration board. 1 Published in Lovtidende A (Law Gazette) No. XXVII. 1961. 2 As to rights in aircraft the Law on Registration of Rights In Aircraft of March 31, 1960, No. 13~, was made effective from January 1, 1962 by Royal Decree of December 20, ~951 . No. I Jo rtj~1i'nde A .N . XXVIII Published In Lovtidende A, No. XX, 1960. PAGENO="0588" 578 AIR LAWS L~D THEATIES OF THE WORLD As to registration of rights in aircraft, Law No. 135 of Mar. 31, 1960, shall apply. Jitic7e 7. An aircraft may be registered in Denmark only if it be- longs to a Danish owner. Danish owners are deemed: a) The Danish State and institutions maiiaged by the State; U 1 Danish municipalities; c) Danish nationals; d) foundations solely under Danish management with main offices in Denmark; e) associations and similar organizations solely under Danish management with main offices in Denmark when at least 2/3 of their members are Danish nationals; f joint, stock companies solely under Danish management and direction, with main offices in Denmark; g) other companies with limited liability when the majority of niemubers are Danish nationals, or who, according to this Arti- cle, are deemed equal to Danish nationals; h ) partnerships when all the members are Danish nationals, or who, according to this Article are deemed equal to Danish liii! ionals. Tie. ~\iinister of Public. \Vorks, in special cases, may grant regis- tmai ~on ot an aircraft which is frequently operated in this country a 0(1 whose point of departure. is generally in this country even in the evert the owner does not fulfill the requirements of paragraphs (a 10 (ii). 1 i~.1 ~. ~ ii mi rere ft wh~ ch is regi tered in a foreign country may flot be registered in this country unless the foreign registration is can- celled, and provided all holders of registered rights in the aircraft, ~i~mee to the transfer of their rights which, in accordance with an ~ureement with the forei~n country, are recognized in this country or sim~1m r12'iIts have lapsed by legal proceedings. Jif;i7 Ii. No aircraft shall be registered unless it has a certificate of airworthiness granted or approved by the Aviation Board. J',t;c7(~ 10. llegistration shall be made upon written application of the owner. This ~lDJ)licat ion shall contain the following information : that the al)phicant is the owner: that he acquired the. aircraft, whether it was purchased on in~t alments : and information on the aircraft including whemi, where and hr whom the aircraft, was manufactured. Time anpl icat ion shall have attached evi(lence that the. conditions required by Articles 7 to 9 have been fulfilled. A ifO~7(' 11. If the regF~tration board approves an application for regi~trat ion of an aircraft, it will be registered and furrushed With re~ristration iiiarkb~s. T1~e register shall conta in ;l) the nat innalitv and registration markings of the aircraft; 1)) data necessary for identification of the aircraft c (iota on the owner, how the aircraft was acqumred and whether tIle aircraft was purchased on instalments (1) a statement on the airworthiness certificate of the aircraft; e) the date. of registration f) other data in accordance with the regulations issued by the Minister of Public Works. PAGENO="0589" AIR LAWS AND TREATIES OF THE WORLD 579 A 1t1C7(~ 13. The owner shall notify the registration board without delay of any changes in ownership of the aircraft, sale. of the aircraft on instalments while retaining rights of ownership, or of any substan- tial clian~e.s when the aircraft. has undergone. alterations which are essential to its identification. This shall apply even if the owner no longer conforms to the requirenient.~ ~` ~`.rticle 7. When the. aircraft is transferred in whole or in part to a new owner, the respoiisibilitv to submit. such information shall also be assumed by the transferor. When there is a judicial sale or seizure by an act of the bailiff, the. bailiff shall file the necessary information with the registration aethority in cases of bankruptcy, and public administration of an estate of a (le- ceased person, the Surrogate's (`ourt or the executor shall assume this responsibility. The registration board, in accordance with the provisions of Articles 10 and 11, shall enter such inforniat ion in the, register or strike the aircraft from the register in accordance with Articles 13 and 14. or make other notations in the register. Ait~7e /3. An aircraft. shall be striken from the register: a) upon request of the owner recorded in the register: b) if the conditions provided for in Article 7 are no longer fulfilled and the Minister of P111)1 ic. Works refuses to permit such registration to remain iii the. register: c.) if the airc.raft is wrecked or completely destroyed: d) if the aircraft is lost. An aircraft is presumed to be lost if three months have passed silice i~ last ake-~ft ami no in formation is available that the aircraft is still intact. The owner shall inform without delay the registration authority as to any occurrences indicated above in the event. this has not been done in accordance with the provisions of Article 12. Wrhen an aircraft. has not had a valid airworthiness certificate for a period of three years, it. may be stricken from the register if the owner fails to submit such certificate. within the time limit, specified by the registration board. Artk/e 14. When an aircraft. is subject to a. mortgage. and the mort- gage is recorded in the register, the aircraft may not be stricken from the register without agreement. of the mortgagee; iii this case an entr shall be made in the register as to the circumstances under winch there may be a cancellation of the registration. This entry shall not. affect the mortgage but in other respects shall have the same effect as a cancellation. When an aircraft is stricken from the register or when a. notation is made in the register according to paragraph one of this Article, the chief of the Register of Rights on Aircraft shall be informed. Jvfic7e Jo. If a registered aircraft is transferred to a lea~e-holder or to any other person for use on his own account, for a period of at least 11- days or for an indefinite, time, each contracting l)arty may submit. such information to the registration authority ; in this case an entry shall be. made in the register as to the user and his rights. A~tk7e 16. \Vhen an aircraft is manufactured on Danish account in a foreign country or is transferred to Danish ownership, and the requirements of Article 7 and 8 are fulfilled, tile aircraft may be en- tered temporarily in a special part. of the. aircraft register in accord- alIce with requirements determined by the Minister of Public WTorks. PAGENO="0590" 580 AIR LAWS AND TREATIES OF THE WORLD NATIONALITY Artic7e 17. A registered aircraft has Danish nationality. The registration authority shall issue for the aircraft a nationality certificate and a registration certificate. Article 18. If an aircraft. is stricken from the register or a nota- tion has been entered in the register in accordance with Article 14, the owner of such aircraft or, if the aircraft is transferred to for- eign ownership, the former owner shall return the nationality and registration certificates to the Aviation authority without delay. If there are entries in the. register referring to changes in facts referred to in the certificate, the owner shall be. required t.o return without de- lay the certificate. to the Aviation board for modification or replace- ment.. Jrtic7e 19. An aircraft validly entered in the special part of the register referred to in Article 10 shall have Danish nationality until the entry is in force. The registration board shall grant temporary nationality and reg- istration certificates for such aircraft. Art k7e 20. A Danish aircraft. used for aviation in accordance with i his law shall have Danish nationality and registration certificates in accordance with the provisions of this chapter. For flights in the Danish realm foreign aircraft. must have foreign n;itionalitv and registration certificates or comparable documents ~ranted by the foreign countr with whom a. treaty has been con- cluded for aviation r ~lit s in the Danish realm. The regulations of the Minister of Public. Works shall apply to air(Iaft. license(l in aCcor(laIlce with Article 2. (c) MARKINGS Artcle 21. Aircraft registered in the Danish national register iii accordance with Articles 11 or 16 shall have Danish nationality and registration markings. Aircraft shall bear these markings as long as it remains on the register. Aircraft operated in accordance with Article 2. (b), shall bear markings in accordance with the regulations of the home country of the aircraft. Aircraft operated under a special license required by Article 2, (c), shall bear markings iii accordance with the regulations issued by the Minister of Public Works. CHAPTER 3. AIRw'oRTnINESS Article 22. Aircraft used for aviation pursuant to this law, must ne airworthy. An aircraft. may not be considered airworthy unless it is designed, cc~nstructed, equipped, maintained, and has flying qualities consistent with standards of safety. Article 23. Inspection of aircraft for airworthiness shall be the responsibility of the Aviation Board, which shall also supervise the airworthiness of aircraft insofar as it is used in accordance. with this law. PAGENO="0591" AIR LAWS AND TREATIES OF THE WORLD 581 The Aviation Board may ierform such inspection and supervision through a designated Danish or foreign expert, oi' through foreign authorities. Article 24. When it has been established by inspection or other means that an aircraft satisfies the conditions of airworthines, a certificate of airworthiness shall be granted by the Aviation authority. The certifi- cate may be granted for a specified period, or may be limited to flights of a specified nature or within specified areas. The Minister of Public Works may determine that the certificate or a special document which must follow the certificate, shall contain specific instructions on the use of the aircraft which must be observed in order to ensure the continued airworthiness of the aircraft. The certificate may be renewed upon application of the owner if the airworthiness of the aircraft has been maintained at the time of re- newal. The Aviation Board may entrust the. experts or authorities referred to in Article 23, paragraph 2, as to the renewal of airworthi- ness certificates. Article 25. Danish aircraft used in accordance with this law must be provided with an airworthiness certificate issued or approved by the Aviation authority. Foreign aircraft must be provided with the certificate referred to in paragraph 1 for flights in f lie Danish realm or an airworthiness certificate issued or appre:ed liv a foreurli country, which shall be recognized in Denmark pursuant to agreement. with such country. An aircraft which is not provided with an airworthiness certificate pursuant to paragraphs 1 or 2, may be granted ~i special license for flights by the Aviation Board. Such licenses may be revoked at any time. Artic7e 26. If not provided otherwise by the Minister of Public Works, a. Danish airworthiness certificate shall not be valid in the following instances: a) If the aircraft has not been inspected in accordance with tile regulations; b) If the aircraft or its equipment has been altered and the alteration may have had an effect on its airworthiness: c) If the aircraft. or its equipment has sustained damage appar- ently affecting its airworthiness. In general the airworthiness certificate may be declared invalid if such incidents have occurred which in the judgment of the Minister affect the airworthiness of the aircraft. In the cases mentioned under (c) the invalidity shall subsist until the iaiimge. is repaired iii COlifOlllhitV \vitll the regulations issued by the Minister. In general the invali(litv shall suhs~st until the aircraft is considered airworthy. The Aviation Board may demand the return of an invalid certificate. A rtiele 27. The requirements for airworthiness certificates provided for in Articles 24 and 26 shall apply accordiiiglv to approval, renewal or cancellation of a foreign airworthiness certificate. Article 28. The owner or user of an aircraft which is used pursuant to this law shall be responsil)le for maintainiu~ time airworthiness of the aircraft and that a. valid certificate of airworthiness is in effect. Pursuant. to the regulations issued by the Minister of Public `Works the owner must notify the Aviation Board without delay of all in- PAGENO="0592" 582 AIR LAWS A~D TREATIES OF THE WORLD cidents which may affect the airworthiness and submit all information necessary for purposes of inspection. Article ~9. The Aviation Board and the experts or authorities re- ferred to in Article 23, paragraph 2, shall have access to any aircraft which is used pursuant to this law, and they shall have the right to in- spect such aircraft and its equipment when necessary to fulfill their responsibility of inspection and supervision. The Aviation Board and the experts or authorities referred to in Article 23, paragraph 2, shall have the right to require all necessary cooperation from the owner or user and crew members. Oii request of the. Aviation Board, the air- craft shall be prepared for inspection, as well as test flights and other tests dleenle(t necessary may he requested to be l)erfo111~e(l. .1 ,t;~l~ 30. In order to test tile qualities of an aircraft, or for other special reasons, the Aviation board, p~~rsuant to tile regulations of the ~\[inister of Public \Vorks, may make exceptions from tile P"~- visions of this chapter and from regulations issued in accordance with this chapter. Art~'cle 31 ~ Minister of Public Works may provide that the building of aircraft and the manufacture of accessories and spare parts, and maintenance, repair. alteration of aircraft or acce.ssories and spale parts, may be performed only by persons approved for such purpose or by an enterprise whose tecilmca.1 organization has been approved. CHAPTER 4. TIlE CREW OF AX AIRCRAVI' Art clc 32. An aircraft used pl1rs1T~t11t to tills law must be adequately manned. The Minister for Public Works shall issue detailed regulations on manning. The owner or user of an aircraft shall be responsible for the ade- quate manning of tile aircraft. Article .9.9. The Aviation Board shall supervise compliance with tile regulations on manning. The Board may request Danish or for- eign exl)erts, or a foreign authority to perform the necessary super- vision. Aiticle 34. Tile Minister of Public Works shall specify the re- quirements for service on an aircraft in regard to nationality, age, physical and mental qualifications, sobriety, training, practice, etc. Article 35. A certificate for service on an aircraft as commander or in such other position as determined by the Minister of Public Works shall be granted by the Aviation Board to persons who ful- fill established requirements for tile particular type of service. The certificate. may be limited to service on a specified type of air- craft, for aviation of a specified nature., or for aviation within specified areas. The certificate shall be granted for a. specified period and may be renewed upon application for a specified period provided the holder of tile certificate at the time of application for renewal has fulfilled the requirements for the t.ype of service authorized by tile certificate. A certificate. may be denied to persons convicted of a crime which gives rise to the assumption that the certificate may be abused (c.f. Article "~ of the Criminal Code.) PAGENO="0593" AIR LAWS AND TREATIES OF THE WORLD 583 Article 36. Any person serving on an aircraft referred to in Article 35 shall have a certificate granted or approved by the Aviation Board or possess a certificate issued or approved by a foreign country, pro- vided the certificate issued is valid in this country by virtue of an agreement with such country. A pei~son serving on a 1)anish aircraft in international aviation shall be provided with a certificate granted or approved by the. Avia- tion Board. The Aviation Board shall have the power to refuse recognition of a certificate issued to a Danish national by a foreign country for flights over the Danish realm. Such person may be granted by the Aviation Board a special license to serve oii an aircraft regardless of the provisions of paragraph 1. Such license may be revoked at. anytime. Article 37. The Aviation authority may suspend a Danish certifi- cate for a specified period, or until further notice, or for the remainder of its period of validity, when the holder does not fulfill the require- ments for the type of service authorized by the certificate. If the Aviation Board finds grounds for suspension according to paragraph 1, it may invalidate the certificate until the matter of sus- pension is decided. If a certificate is suspended or invalidated p~11s~1aI1t. to the provi- sions of this article, it shall be returned to the Aviation Board. Article 38. The requirements for a Danish certificate, as provided for in Articles 35 and 37 also apply to the approval of a foreign cer- tificate or to the renewal or revocation of such approval. Article 3.9. Any persoi~ who has a certificate granted or approved by the Aviation Board, shall advise, the Board without. delay of any incidents which might have a bearing on the holder's continuing com- pliance with the requirements for the type of service. lie shall be subject to such investigation and tests as may be deemed necessary by the Aviation Board. Article 40. The Aviation Board may permit an aircraft to be used for ti'aining or for other special purposes even if it is not manned pursuant to the requirements specified in Article 32. CHAPTER 5. AIRCRAFT COMMANDER AND FLIGhT PERSONNEL Article 41. There shall be an aircraft commander on all Danish Aircraft operated pursuant to this law. The commander shall be the highest, authority aboard the aircraft. Article 42. The aircraft commander shall be responsible that the aircraft is airworthy and adequately equipped, manned and loaded, and that the flight is prepared audi carried out in accordance. with the regulations. The provisions of Article. 23 on not~ficat ion to the Aviation Board of circumstances which might affect airworthiness and tIme submis- sion of information required for performance or a ir\vorthllness inspec- tion shall apply to the aircraft con'iIn{lnder. Article 43. The aircraft~ crew, passengers an(.l cargo shall be sub- ject. to the supervision of the con~mander. When he deems it. necessary, lie may temporarily assign inenihers of the crew to duties other ihmami hose hey iioflfl;i liv perfor~i~ PAGENO="0594" 584 AIR LAWS AND TREATIES OF THE WORLD To maintain order aboard an aircraft., the passengers must follow the instructions of the commander. Wlieii lie deems it. necessary the commander may refuse to take aboard. or may remove from the aircraft any members of the crew, passeilgers or cargo. i ,t~(7~ 44. If necessary, a commander my resort to the use of force for maintenance of order aboard an aircraft. W hen an aircraft 15 in danger or in an emergency the commall(ler shall be entitled to use all means which he deems necessary for the maintenance of order and safety aboard the aircraft. Each member of the crew shall assist the commander in this respect even without an order. When a person who does not follow the directions of the commander suffers an injury, he shall have a cause of action for damages only if harsher treatment was used than the circumstances required. i ,t;~/~ 45. When a serious criin~ is commit ted on an aircraft. the con ~iiiander shall take such measures as may be. necessary to clear up the case when postponement of such measures would be detrimental. The aircraft commander shall use due care to prevent the offender froni escaping and hold him in custody if necessary, until he may be released to the police, or to competent authority outside the Realm. The ai craft commander may also take into custody items of evi- dence wIi ich ale ccnsidercd e~entiii for clear ~ up the case until such evidence can be handed over to the police or authority mentioned in paragraph 2. Ji't;cle 46. The aircraft commander shall see that prescribed avia- tion (loc.uments are on board an aircraft. and are duly kept. ~li~tc7 47. In case of emergency the aircraft coi~imander shall take all measures in his power for the safety of the aircraft, the persons, and goods aboard. If it. is found necessary to abandon the aircraft, the commander shall take all possil)le care to preserve the aircraft documents. Ji'tieIe 48. It. shall be the. responsibility of the aircraft commander to inform the Aviation Board and as soon as possible submit. a report on any air accident. which results in the death of, or serious m~ury t.o persons on or outside the aircraft, or in serious damage to the aircraft or lrope1~y outside the aircraft. This shall also apply in the event if there was a. serious threat. to such accident or an essential defect on the aircraft or in aviation installations on the ground or in their operation. If the aircraft commander is unable to submit this information or make a report. it shall be submitted l~y the owner or user of t.he air- ci~iift. The Minister of Public Works may issue regulations concerning limitation of responsibilities for submission of this information, or on the extension of these responsihihites to other members of the crew or its submmssion to agencies other than the. Aviation Board. ;1 yfIle 49. Any Ie1~50n who serves on an aircraft must follow orders of his superiors, take care of the aircraft. and persons and goods aboard, an(l generally conscientiously perform his duties. u~7c JO. ~\o l)eIson may 1)erforrn or attempt to perfoim any service on an aircraft in any position referred to in Article 35, when he lr~s used alcohol in such quantities a.s to be unable to perform his PAGENO="0595" AIR LAWS AND TREATIES OF THE WORLD 585 service in a satisfactory manner and within the rules of safety, or apart from service of small importance to safety, has a concentration of 0.40 per thousand or more of alcohol in his blood. No person may perform or attempt. to perform an service on an aircraft in any position referred to in Article 35 when, because of illness, weakness, overwork, lack of sleep, influence, of narcotics or other similar circumstances he. is unable to perh)rm Ins service on an aircraft in a. satisfactory manner. It is prohibited to use a pelson in any service omi an aircraft if lie is under the effect or influence referred to in paragraphs 1 and 2. Any person who performs or attempts to perform the services under conditions referred to in paragraph~ 1 and 2, on an aircraft operated iii commercial transportation of pel~01~, shall he puim islied in accord- ance with the provisions dealing with aggravating circumstances. The e.mnploye.r or other superior is subject to the, same punishment if he is responsible for the performance. or attempt to perform service on an aircraft b a persoli under the conditions specified in paragraphs 1 and 2. If a person indulges in intoxicatiii~ bevera~cs ill a 1)lIbhic eating place, and the owner or his eniplovees know or have reason to assume that he will perform service, on an aircraft and that lie is or will be under the influence of alcohol as spcci tied ~ pa1~igi~ipli 1, such owner or employees shall do their best to ~ the perfomi is imce or attempt. to perform service on an aircraft by such ~ if ne(essll rv. with the assistance of the. police. If it is reasonable to assume that a l)e~~ofl has v~ola~ ~i I lie provisions of paragraphs 1 or 2, the police, or the. Avjation Boa md with the assist- ance. of the police, may request. a physic~i ii to (leterli ic I lie. perentage of alcohol in the blood and urine of such person. Aitrle .51. The Minister for Public Works shall oleternune. the extent of application of the provisions of tius cliaj)ter to foreign air- craft operated within Danish territory. (IIAPnul (. AIIiDnOMES AND On IEIi INSTAIL\jj YS JO J~ AVJ\'lio cc GENERAL PRovisioNs 1t~(7( 52. Airdromes and other installations miseol in aviation shall csniplv with the. requirements established by tlìe Minister of Public Worls. `Flie ~sIinister shall issue instructions on the. operstiomi. nmaimltenance, mIic~ supervision of such installations. The, out horitv 5ll~)erViSiIig tlie installations shall also supervise compliance with other provisions of this chapter and such regulations as may be issued on the basis of this chapter. Such authority may demand access to aviation installations and other plopei~y to tile extent necessary to c;mrv out its respon- sil nh ties. i /t/(7C 5.~. The Minister of Public \Vorks, iii concurrence with tile. Minister of Defense, may designate air routes and other areas where aviation is subject. to special regulations. Ait~cle 54. For purposes of flight, safety an(l rescue a service for safety of aviation shall be. established. The Minislei of Public WTorks shall issue instructions for this service and stipulate. the extent. to which the duties may be performed by agencies other than government agencies. PAGENO="0596" 586 AIR LAWS AND TREATIES OF THE WORLD LICENSES jit;/~ .~. For tile establislinient and operation of an airdrome for 1)111) I ic use, a special license shall be granted by the Minister of Public. \\ol'Ks m addition to the approval granted pursuant to Article 60. The Miiiister iiiav allow all airdrome to be established and operated wit bout a license, taking into consideration the nature of the airdrome, ihiiitensioiis ii I duration of the t rathc or ai~v oilier circumstances. L ,~/ ;h;. A 1 iceiise may be giaiited only ~f it is compatible with the. 1oibhic interest. I i/~/~ *~. A license shall be granted for a specified period and shall I e dependent on condit ions deeiiiecl necessary. liIic/( ;8. A license may be revoked if iii the exercise of the. rights ~rraiired under the hicense~ are exercised iii essential (lisl'egilrd of tile V1510115 ot this law. or of any conditions included in the license. 01' of any other laws and regulations applicable to such activities. A 1 cen se ii iav be revoked if the I icensee fails to maintain lifl(l operate au aviation installation. j,t;/~ .i.9. To establish and operate an airdrome whicli is not for tile use of t lie geiueral public or other installations used ill aviation, tile Minister of Public WTorks may require license, by the Aviation Board. The Minister may issue regulations for such license. APPROVAL Aihe7e (JO. Airdromes for the general use of the public shall be ap- 1)1oved by the Minister of Public Works. Tile Minister shall deter- ilijile the extent to whicli such authorization is necessary for air(lrolnes iii ueneral and Otiler aviation installations. lo tue approval shall be attached such conditions as are deemed necessary. A license niay be revoked by the Minister when the installation does not comply wit ii conditions for such license in force at tile time of revocation oi' when the established colldlitions have been essentially disregarded. The owner shall advise the Aviation Board as SOOfl as lIe has knowl- edge of any events which nlake tile illstalla.tion unsuitable to require- niemits. If these events make tile use of the installation dangerous, the owner limust, to the extent deemed necessary, cease operation without waiting for a decision of the Aviation Board. EXPItOI'IlIATION AND OIISTRFCTIONS TO AVIATION I it,~/c 61. to establish all airdrome or other aviation installations or in the expamisiolu. improvement, and maintenance of such installa- lions, piopei'ty may be expropriated in accordance witil tile Decree of March 5. 1845, as amended by tile law of January 10, 1928, No. 6, inso- far as the Minister of Public \Vorks may consider such action neces- sa.rv ill the public interest. A st;cle 6.2. Flights to airdromes open for the public use shall be made by aircraft ill accordance with the following provisions how- ever, exceptions may be granted by the Minister of Public Works in cases. PAGENO="0597" AIR LAWS AXD TREATIES OF THE WORLD 587 Article 63. If 110 exceptions have been granted iii accordance with Article 62 for airdromes mentioiied therein there shall be a plan ap- proved by the Minister of Public Works, indicating the rules of flight to such airdromes. For the territory outside the~ landing area, the plan shall indicate the limitations deemed necessary as to the maximum height of build- ings, industrial Plants, masts, wires and other possible obstructions to aviation. As sea and ice airports the plan shall include the port area. In designated areas within this territory the liniii iii ions of heights required for the~ safety of take-oils and landings shall be specified. The plan may specify sectors for take-oils and landings in good weather and bad weather. The validity of I)lilfl lulOV he limited for a specified period. Ai'f;cie 64. Tn areas where tile plan Provides for limihition of height lip to ~5 meters. tile safety of landin~ shall he secllre(l by a real riction against obstrnct~ons higher than those establishe(l by the. plan. The restriction may be established by an expro~ )riat ion procedure in accordance with the provisions of Article (31. The Commission for Inspect 1011 an(l EXp1o~)ri at ion ma v determine. with the consent of the Av~at ion Board, thlat obal nict ions to aviation in this area which are more than tile heights indicated iii the plan may remain, if necessary, with a special marking. Similarly the Commis~ion for Inspect ion and Expropriation may authorize exceptions from the limitations on the height indicated in the plan, insof1i r as future constriTetioll of any obstructions to aviation is concerned. After expropriation procedures have been coni 1)1e1 e(1. the Mm ister of Public Works may grant an exemption to the established restriction if warranted. Such exemption maw l)e granted on cOPdition that. any money paid for the establishment of the restrict ion aba ii he returned in whole or in part. A rti~c7c 65. \Vhere tile plan allows ol)structions of :~ meters or more in height, every project for tile construction of structures of ~5 meters or more in hei~ht which might obstruct aviation must be submitted to the Aviation Board 511011 eonditio~ shall he entered in tile Land Re~istrv on the initiative, of tile Aviation Board. If the project is not in conflict with the plan approved by the Minis- ter of Public Works, the Aviation Board shall issue such a certi(3cate. If the project is in conflict with tIle plan. the case shall be submitted by tile Aviation Board to the Minister of Public Works who decides whether tile construction in this particular case univ be permitted. If there were obstructions to aviation in the areas referred to in the present. article which exceeded tllC limitations est iblished by the plan at the time of its anproval. tile 1\[i~iister shall determine whether these obstructions shall be removed or have special markings. If nec- essarv, expropriation procedure maw he resorted to ill accordance with Article 61. Artcle 66. The owner of an airdrome shall he required to observe limitations on height, and note and if necessary, report violations to the Aviation Board. Arf~'e7e 67. The Minister of Public Works, in concurrence with the Minister of Defense, may order the removal or the marking of an oh- PAGENO="0598" 588 AIR LAWS AND TREATIES OF THE WORLD struction outside the territory for which the plan is approved, pro- vided, the height of these obstructions endangers the safety of aviation. Expropriation procedures may be resorted to in accordance with Article 01. Any expenses incurred, including compensation to the owner or user, shall be paid by the Treasury. :1 ~~t/c7e ~8. tlhe Minister of Public Works. in concurrence with the Minister of Defense, may prohibit the~ installation and use of marks, light or sound devices, radio transmission or other installations which niav endanger the safety of aviation, as well as demand alteration or ren toval of these installations. The eneral provisions of the Danish law shall apply in any action lor colilpensation relating to installations mentioned in paragraph 1. OTHER PROVISIONS J,t;le ~ii. The Minister of Public Works shall designate by regu- lation the airdromes which are to be used for the take-off and landing of aircraft. Ji't,'cle 10. The Minister of Public Works may issue regulations on access to, ~uid traffic and parking of aircraft on airdromes, and in con- (urrence with the Minister of Commerce, he may prohibit navigation ~tI1&l mooiin~r iii waters which temporarily or permaneiitly are operated as airdromes. i ~ ;i. Pursuant to the regulations issued by the Minister of Public Works, landing fees ma be levied for the use of airdromes nd other installations which are opeii for pub1~c use. Aircraft ma be clistrained for payments. i t(7( `h!. Airdromes and other installations which are open for the use of the public shall be open to foreign aircraft under the same con(lit ions as to Danish aircraft in international aviation, if an agree- ment has been concluded with the respective foreign country. A ~ hI. The Minister of Public Works shall determine the re- qiuire]uIeuits which must be fulfilled by ieIsoi~ who perform service on ai~droìies or other installations, or in general, outside aircraft, in })nSitiolls of iniportiince to the safety of aviation, and he shall issue regulatuons for the granting of certificates of the right to such efli})iOVfl ient. A ,t?(7e 14. The provisions of Article uO shall apply to ieisoiis who perfoim service as aircraft control officers, flight engineers or per- 5(015 II other 1)O~1tioii5 which are considere(l by the Minister of Public Works to have significance for the safety of aviation. (iiuvi'i:n~. TaICENSES Fun AiR OPERATIONS J,f;~7~ `15. Scheduled flights over Danish territory for commercial curl )O5e5 may he only operated under a license granted by the Minister of Public Works. For non-scheduled commercial flights over Danish territory a license granted by the Minister of Public Works shall aiso be required unless he decided otherwise. The Minister of Public WTorks may determine that a license is re- quiued for flight training, air exhibition, competitive flights and other flying activities of a specific nature, even if not made for commercial P ~"P°~~5* PAGENO="0599" AIR LAWS AXD TREATIES OF THE WORLD 589 Article 76. The license shall be granted only when it is compatible with the public interest. . Ai~ticle 77. In the case of transportation between points within the realm, a license for the transportation of passengers, mail arid goods shall be granted only to persons who fulfill the conditions specified in Article 7, paragraph 1. dealing with registration of aircraft in the realm. The license shall l)e revoked when the holder no longer ful1dl~ the above mentioned conditions and has not correcte(l (lJhciences within the tIme limit specified by the piopi~ autliorit. TJncler speciflc circumstances the Minister of Pull ic Works nmy grant. license ill accordance with Article ~ even when the required conditions are riot fulfilled. Article 78. The license shall be granted for a specified time, and may be (lependent upon (SOidhitlOllS dee~ned necessary. Ai'tiele 79. The license mar he revoked when, in its exercise there is a substantial disregard of this law, or of couidhtio~~s of the license or of other regulations. The license may also lie revoked when it mar be assumed that the owner ~s unable to niaintain or craita ~nue operations. Article 80. In granting a license in accordance with tins chapter, exceptions from its l)iOVi~iOfls iIiav he made if an agreeiiient with a for- eign coii nt rr in akes it necessary. Article 81. The Minister of Public. Works may issue regulations on the transfer of aircraft, accessories thereof, or spare parts, to another person for use on his account. C iiavrrii S. Am Tme~1'FIr Rm:OFL.vru iNS Article 82. Air traffic shall comply with the regulations of the Minister of Public Works on measures to l)1'eveiit collisions between aircraft or other flight accidents and. in Qellelal. on safety measures to pi'event flight accidents and inconvenience (lurIng fi~ghit. A rt,1ele 83. The ~\Ii n i ster of Pimid ic Works si all determine the air routes aimcraf~ must follow while firing within J)a niAm territory. anti issue special regulations indicating ii irdronies wi ieh maybe ia~ed for take-offs and landings. In concurrence with time Minister of T)efe~i-~e. the Minister of Public 1Vorks may determine the air routes to be followed by aircraft iii flight within I)rii~ishi territory 1)111 side of eoi~tmollecl air space. and he may issue regulations for aircraft crossing he 1 Iom(lels of the realm, desig- nating points where the boundaries may be crossed. A ;`tiele 8~f. lVhen reouired for i'easomis (if piih III e order and safety the ProPer authority may omder the landing of an ai rera ft. The landing shall l)e promptly executed. If not otherwise di reel ccl, the aircraft shall land at time nearest airdrome in the realm open for the use of the public, where a landing is possible. IVimen time aircraft enters an area where flights are prohibited, it shall leave the area amid adviQe the proper authority without delay, anti if the authority has not otherwise directed, immediately land at the nearest airdrome in the realm open for public use, where a landing is possible. Any aircraft which does not comply with the requirements of this article may he prevented by time proper authority by suitable means, from continuing the flight. PAGENO="0600" 590 AIR LAWS AND TREATIES OF THE WORLD Aitk7e 8~5. An aircraft may not carry explosives, war material or war munitions without authorization from the Ministers of Public Works and of ,Tustice, or persons authorized by them. The Minister of Public Works, in concurrence with the Ministers of De- fense and of Justice, may. by regulation, make exceptions from the first sentence of this provision and define, by agreement with the Minister of Justice, explosives, war material or war munitions. For reasons of public order and safety the Minister may prohibit or establish conditions for the carriage of goods other than those specified ~ l)a*r~~raP~ 1. The Minister of Pfll)lic Works. in condurron('e with the Ministers oF I )efense and of Justice. may rohilut. or determine conditions for the aclnuttance and carrying of cameras. or their use on board an ftl r(Va~t I i~/ic/c 8G. Inless provi(led otherwise l)y law, the Minister of Pub- lic Works shall p scribe what a i r(ra f~ documents are required, to what extent they shall be available on board, and how they shall be esl al)lislIed. kept. and maintained. ;I itie7e 87. Any person who has a legal interest therein shall have ic~e~s to aircraft documents for examination. ~I ~ 88. The Minister of Public Works shall determine the extent to \VlWtheI' ersons serving on an aircraft shall carry with them cer- t i Fee tes and other dociunents. ~1 rt~'c7e ~9. The Aviation Board and the police shall be authorized to se~ich an aircraft, and check documents which the aircraft and ii ci ilc'r~ o~ the crew must carry with them. CT-i\PITIi 9. AU~ TIIL\NsPORTATIOX 5COT'E OF APPLIC~TION i 1~;~/ PP. The provisions of this chapter shall apply to transpor- at inn I v a i rcra ft of passengers. I )agga~e and ~oods if the t ranspor- tation is (arried out for payment. The hew shall also apply to raltsportation performed free of charge by a transportation enter- pci-c. ~t ,t;~ P1. The provisions of tins chapter shall not apply to the tra nspOlt;i tion of mail. Thio provision~ of Aitieles 9~ to ~ peitai1~ng to documents for air transient ation shall not apply if the transportation is nerforn~'d under iiiiitn P r(lmIstances~lu(T out side the scone o~ normal air operations. in a~uMcNFs OF \i II TR\NSPOTiT.\TION :1 if ic/c 92. In passenger transportation there shall be issued a ticket which states a) the place of departure and of destination, b) at least one intermediate landing point if the place of (leparture and destination are in the same state and one or more ~n~ermediate landings in another state are agreed upon. c) a notice that the transportation may he subject to the Warsaw Convention or to a law which is in conformity with the limits provided for in the Convention as to liability of a carrier for personal injury, and loss of, or damage to the baggage. PAGENO="0601" AIR LAWS AND TREATIES OF THE WORLD 591 tTnless otherwise established, the ticket shall be evidence of the transportation contract and of the terms of transportation. If no ticket is issued, or if its contents do not conform to the regu- lations, or if the ticket is lost, the transportation contract shall remain valid. If a passenger to whom no ticket was issue(T, l)oards the aircraft with the consent. of the carrier or if tilie ticket does not contain the. notice referred to under (`c) the carrier niav not a vail itself of the provision of Article 111, paragraph 2. on the limit at~on of liability. Article 93. Iii the transportation of registere(l l)aga~age a l)aggage. check shall be issued. If the. baggage. check H not attached to, or inserted with the passenger ticket conforming to the provisions of Article 92, paragraph 1, it shall state: a) the place of departure and of destination, b) at least one. intermediate landing point if the place of de- parture and of destination are in the same state, and one or more intermediate landings in another state are agreed upon, c) a notice that the transportation may be. subject to the War~ saw Convention or to a law which is in conformity with the limits of the Convention as to the. liability of a carrier for loss of, or damage to the baggage. Unless otherwise established, the baggage check shall be evidence of registration of t.he baggage and of the terms of transportation. If no baggage che.ck is issued, or if its contents do not conform to the regulations, or if the check i~ lost., the transportation contract shall remain valid. A carrier shall not be. entitled to avail itself of t.he provisions of Article 111, paragraph 2, on the limitation of liabil- ity, if he has accepted baggage for which no baggage chec.k was issued, or if the check does not contain the notice referred to under (c) and the check is not attached to or inserted iii with the passenger ticket conforming to the provisions of Article 92, paragraph 1(c). Article 94. In the transportation of goods the carrier may require the shipper to execute and deliver a document referred to as a bill of lading, and the shipper may require the carrier to accept the document. If no bill of lading is executed, or if its contents do not conform to the regulations, or if the bill is lost, the transportation contract shall remain valid. Article 9.5. The bill of lading shall be. executed by the shipper in three copies and shall be delivered to the carrier together with the goods. The first copy shall be marked "for the carrier" and signed by the shipper. The second copy shall be marked "for the consignee" and be signed by the shipper an(i carrier. This copy shall accompany the goods. The third copy shall be si ed by the carrier and delivered to the shipper after acceptance of the. goods. The bill of lading shall bear the signature of the carrier before the goods are placed on board the aircraft: the signature may be replaced by a stamp. The signature of the shipper may be printed or replaced by a stamp. If the carrier has executed the bill of lading at the request of the shipper. he shall be presumed to be acting on behalf of the shipper unless t.he.re is proof to the contrary. Article 96. If there are several 1)arCelS the carrier may require the shipper to execute a separate bill of lading for each parcel. Article 97. The bill of lading shall st.ate: a) the place of departure and of destination, PAGENO="0602" 592 AIR LAWS AND TREATIES OF THE WORLD b) at least one intermediate landing point if the place of de- parture and of destination are in the same state, and one or more intermediate landings in another state are agreed upon. c) a notice that the transportation may be subject to the `War- saw Convention or to a law which is in conformity with the limits of the Convention as to the liability of the carrier for loss of, or damage to the goods. Artic7e 98. A carrier who accepts goods on an aircraft for which no bill of lading was executed, or whose bill of ladmg does not con- tain the notice referred to in Article 97. (c), shall not be entitled to avail itself of the provisions of Article ill., paragraph 2, on the limitation of liability. Article 99. TIe shipper shall be liable to the carrier or any other 1ei~o1i to whom the carrier may be liable for damages sustained as a result of the shippers statement on the goods in the bill of lading, when the. statement does not correspond to the regulations or, m gen- era], is incorrect or incomplete. Article 100. Unless otherwise established, a bill of lading shall be evidence of the transportation contract, of receipt of the goods, and of the terms of transportation. The statement in a bill of lading with respect to weight, dimensions, packaging, anti the number of articles. shall be conclusive unless there is proof to the contrary. Other statements in the bill of lading with respect to (1uantity. cubic. content or condition of the goods, may not be used as evidence against the carrier, unless the carrier has made an examination of the correctness of the statements in the presence of the slul)pe.r and has noted on the bill of lading or the statement the visible condition of the goods. RIGhT OF DISPOSAL AND DELTVEIiY OF GOODS Article 101. If lie acts in accordance with the transportation con- tract and without. affecting the rights of the carrier anti other shippers, the shipper may dispose of the goods. take them hack at the place of departure or of destination, stop transportation at a place of landing en route or demand delivery of the goods at the place of destination or landing eu route to a consignee other than that indicated in the bill of lading. or demand the ret.urn of the goods to the place of departure. The shipper sl~all pay the. expenses arising from such orders. The carrier must. immediately inform the shipper if the orders of the shipper cannot be fulfilled. W'Iien a carrier executes the orders of the shipper without demand- ing a copy of the bill of lading from the shipper, the carrier shall as- suine 1 ial.iihitv for damages which might. result to a holder of the bill of lad~ng. with a right of recourse against the shipper. The rights of the shipper shall terminate w-hen the consignee as- sumes his rights pursuant to Article 102. Tf the. consignee refuses to accel)t toe bill of lading ui the good~. or if lie cannot be reached, the right, to dispose of the goods shall revert to the shipper. A iticle 102. When the goods have arrived at their place of destina- tion the, consignee may demand, except. under the conditions referred to in Article 101, that the carrier deliver the bill of lading a.nd the goods to him on payment of the amount owed and fulfillment of the terms of the bill of lading. PAGENO="0603" AIR LAWS AND TREATIES OF THE WORLD 593 If not otherwise agreed, the carrier shall inform the consignee when the goods have arrived. Article 103. Wheii the carrier gives notice that the goods are lost, or when the goods have not arrived within seven clays following the day when they should have arrived, the consignee may bring action on his rights against the carrier in accordance with the transportation contract. Article 104. kny exceptions from Articles 101 to 103, shall be in- valid, unless they are stated in the bill of lading. Article 10g. A shipper shall be required to submit information and attach documents to the bill of lading required for compliance with customs, excise and police formalities prior to the delivery of the goods to the consignee. The shipper ~liail he lnhl)le to the, carrier for any (lamages which might result if such inforuiat ion and (locilments are not submitted, or if they are incomplete or not (oniorming to the regulations, unless the carrier or its employees ale guilty of errors or negligence. The carrier shall uot~ be required to check whether the information submitted or the documents enclosed are correct 011(1 complete. LIABILITY OF A CA111~IFR I it~ele JOG. A carrier shall 1 e liable for the deafli or bodily injury, or disablement of a passenger resulting 110111 ;11l acci(lent occurring while. aboard the aircraft, or while enpianing or deplaning. I ~*t;~7~ 107. A carrier shall be hal )le for daiuiage to, or loss of regis- tere(l baggage or goods by ac?~4. A mortgage is void unless it is in writing. The act establishing it, may be authenticated or under private seal. It must specify all elements which are subject to the mortgage. It may be on order; in that case, endorsement sha]l transfer title to the mortgagee. Unless there is a stipulation to the contrary, a statement in the bill of sale of an aircraft that all or part of the sale price is still due the veiidor, shall constitute a mortgage for him as guarantee for the amount stated as remaining to be paid, provided the vendor requests recordation of such mortgage in the form provided for by decree. An aircraft under construction may be mortgaged only when prior recordation thereof with the service in charge of the register has been made. This declaration shall include the principal characteristics of the craft under construction; a receipt shall be issued therefor. Article 12-5. In case of loss or crash of an aircraft, and unless there is an agreement to the contrary. the mortgagee shall be subrogated for the amount of his mortgage for the insured as regards the right of com- pensation payable by the insurer. Prior to making any payment, the insured must request an official statement of mortgage recordations. No payment shall discharge him if it is made in disregard of the rights of creditors listed on such state- ment. Article 12-li. All mortgages must be recorded in the registration list. They shall be without effect in regard to third persons until the time of their recordation. Cancellation or any modification in a mortgage by agreement be- tween the parties or by a. judgment shall also be recorded in such register. Article 12-7. When there are two or more mortgages on the same aircraft, their precedence shall be determined by the order of their dates of recordation. Mortgages recorded on the same day shall be of equal rank regardless of the hour of their recordation. Article 12-8. Recordation shall keep a mortgage valid for ten years from the date thereof. Such effort shall cease when the recordation is not renewed before the expiration of such period. Article 12_9. Recordation of a mortgage shall guarantee, in the same precedence as the mortgage itself, interest for three years in addi- tion to the current year. Article 12-10. Recordation of mortgages shall be cancelled where there is a legal act stating the agreement of the parties or a final ~udg- ment in the matter. PAGENO="0714" 704 AIR LAWS AND TREATIES OF THE WORLD Arti.c7e 12-11. Except in the case of judicial sale in accordance with the provisions specified in a decree, registration of an aircraft may not be stricken from the register when recorded rights have not been can- celled prior thereto. Article 12-12. Creditors whose mortgage on an aircraft has been recorded, shall follow their security in whatever hands it may pass, for the purpose of collection and payment in the order of their respec- tive recordation and after privileged creditors, subject to the provisions of Articles 12-13 and 12-16. Article 12-13. Only the following debts shall have preference over mortgages in aircraft: 1) Court costs incurred in the sale of an aircraft and in the distribution of the price received, in the common interest of the creditors; 2) Payment due for salvage of an aircraft; 3) Necessary expenses for the preservation thereof. Article 12-14. The privileges specified in the preceding article shall affect the aircraft or the insurance payment mentioned in Article 12-5. They shall follow the aircraft in whatever hands it may pass. They shall be extinguished three months after the event which gave rise to them unless the creditor makes prior recordation of the debt in the register of the aircraft, after having given friendly notice of the amount or, in the absence thereof, after having commenced a legal action therefor. They shall further be extinguished, independently of the normal methods of extinction of privileges: 1) By judicial sale of the aircraft executed in the form provided for by decree: 2) In case of voluntary transfer properly recorded in the register, at the latest, two months after publication of the transfer in the 13elletii~ otiie'~/ (7?' icci'.~-tie (I?! commerce. and in a news- paper carrying legal notices at the domicile of the vendor, un- less, prior to expiration of such period, the creditor has given notice of such debt to the vendee at the domicile stated by him in the peitinent publications. Article 12-1.~. Debts specified in Article 12-13 shall be privileged in time order in which they appear in that article. Debts of the same order shall be of equal rank and shall be paid at the same rate in case of insufficient funds. I Io\vever, debts memit iüned in Article 12-13, paragraphs 2, and 3, shall be paid in inverse order as regards the events which gave rise to them. Amtc7e 12-iC. Priveleges other than those enumerated in Article 12-13, shall rank after mortgages whose recordation precedes the arising of such privileges. however, in the case of sale in France of an aircraft mortgaged in a State paity to the international convention for time recognition of rights in aircraft signed at Geneva on June 19, 1948, the rights provided for in Article 1 of that convention which exist on the aircraft may he exercised only in recognition of the rights of the persons who suffered damages on the ground as provided for in Article VII-5 of that convention. Am'tmele 12-17. Except in the case of judicial sale in the manner pro- vided for b~ decree, the registration of an aircraft may not be trans- PAGENO="0715" AIR LAWS AND TREATIES OF THE WORLD 705 ferred to another State except by prior extinction of recorded rights or with the consent of the persons entitled thereto. TJntil this condition has been fulfilled, the official in charge of the register must refuse any cancellation. Chapter 111-A ttaclumemt and Judicial Sale of Aircraft Art,~cie 13. When there is an attachment of an aircraft that is registered in a State paty to the intenational convention for the recognition of rights in aircraft, no judicial sale may be had when the rights that have preference over those of the attaching creditor cannot be satisfied by the sale price or when they are not assumed by the purcil aser. However, when a mortgaged aircraft causes damage to third persons on the ground on French territory, the provisions of the preceding paragraph may not be invoked against such persons or their repre- sentatives in attacking the aircraft which caused the damage or an- other aircraft of the same owner. Article 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 1~. 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 peoc.e of the county where the aircraft has lauded. 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 he~ deposited at the office of deposits and consignments (caisse. des dépôts et consignat ions). 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 011(1 may decide on the amount of damages, which amount. should include not only the (larnage caused but in the ease of a violation, also the. fines and costs. A?'t;ele 7* The public authorities shall have the right to imnound any French or foreign aircraft which does not. comply with conditions provided for in this hook before engaging in air circulation or the pilot of which has committed any violation. Title IZ-Naviqa.t~on of Aiccra.ft Chapter I-The Right of Circulation Article 17. Aircraft may freely en~age in air navigation over the French Territory. However, aircraft. of forei~n nationality may not so circulate over the French Territory, unless this rIght. has been PAGENO="0716" 706 AIR LAWS AND TREATIES OF THE WORLD granted to them by an international convention or they have received authorization to this effect. which must be special and temporary. Ai't~~cle 18. The right of an aircraft. to fly over private property shall not be exercised in a. maniier 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 ol)serving 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 territ ory. `When the aircraft is observed in flight, it shall, at the first summons by means of blank shots, land at the nearest. airport. Upon the sum- mons to land, the aircraft shall immediately slow down and descend to a low altitude, or it will be forced to do so. Aj~te7e 20. Aircraft shall fly over a town or inhabited place only at such altitude, that eveti in case of loss of propulsive lo\ver landing oUts](ie the inhabited place or on a public airport is possible. Articic 21. Any so-called acrobatic flight which involves stunts that are perilous and useless for the movement of the aircraft is prohibited 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. Artic7e 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- ta.in 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="0717" AIR LAWS AND TREATIES OF THE WORLD 707 Chapter 111-Regulation of Navigation of A i1'craft 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 ~ost.s of the control required by the regulations for delivery or coiitinuation of the certificate of airworthiness of aircraft shall be at the expense of the owners of the controlled aircraft under the condi- tions flx~d by decree issucd upon the report of the minister in charge of civil ~nd commercial aviation, and the minister of finance and eco- nomic affairs. Such d~ree shall fix, in particular, the amounts of cost to be reimn- bursed to ~ne Treasury where the control is exercised by agents of the State. Article ~`8. Except by special authorization, traiisportat.ion by air- craft of explosives, weapons and ammunition of war, homing pigeons and mail wiLiin the postal monopoly, is prohibited. Transportat1on and use of photographic equipment may be pro- hibited by m1nisterial order. Article 29. No equmpment for radio telegraph or radio telephone may be ~nstahled aboard an aircraft without special authorization. Aircraft used for public service of transportation of passengers must he equipped with radio telegraph under the conditions deter- mined 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 I lie control and supervision of the administrative authorities as much 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 au- thorities 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, provi(led the flights do not constitute a public show. However, they may not. transport pas- sengers unless they have been issued certificates of airworthiness. Ai~t;ele 33. Certificates of airworthiness or of qualification and licenses issued or validated by the. State of which the aircraft is a national, shall be recognized as valid for circulation over the French rrerl.itory if reciprocity is granted l.)y international convention or by decree. PAGENO="0718" 708 AIR LAWS A~D TREATIES OF THE WORLD Title 111-Damages a~d Liability Artic7e 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 oniy by prof of the fault of the injured persoil. Article 37. Except in the case of force rnajeilre. it shall be pro- hibited to throw from an aircraft in flight any goods or objects with the exception of regular ballast. In the case where ~ettisoning anything becau~e of force inajeure 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 3~. 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. A rtclc 39. An action for liability shall be brought at the option of the plaintiff l)efOre the court where the damage has occurred or before the court of the domicile oi the defendant. If damage is caused to an aircraft in flight, the court of the place of dama~e shall be considered that of the place where the damaged aircraft has to land after the damage occurs. Art ide 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 dancer. 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 4T~. 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 ai)leuls which h~is inrisdiction the requests necessarily 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="0719" AIR LAWS AND TREATIES OF THE WORLD 709 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 IT -Cr~nunal Pro cisions Article 44. Any owner shall he slIl)jeet to a fine of from 180,000 to 3,000,000 francs)4a and to imprisonment of from six (lays 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 ~~rticle 19, first subsection. A rfh'7e 46. The fine provided for in Article 44 may he 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 un(ler 1 of Article 45 are committed after refusal or withdrawal of the certificate of regi.st ra~ ion. or qualification or the license. Arfiele 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 lS0.(~00 to 3,000,000 francs and by imprisonment of from fifteen days to three months. Article 48. Any person who possesses or operate.s 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 300.000 to 7.200,OCO francs and with iml)risonment- of from six months to three years. Any person shall be subject to the same pei~a1ties who affixes or causes to be. affixed on any l)riva.te air- craft any distinctive mark reserved to plll)lic aircraft or who uses any private aircraft to which such signs have been affixed. Articlc 49. Violatioii of the provisions of Article 28 by any per- son shall be punished by the. penalties provided in Article 44. 4 T~p niihlie p'1iilstry (mlnistère public) Is the equivalent of tile public prosecutor In criminal cases. Ed. PAGENO="0720" 710 AIR LAWS AXD TREATIES OF THE WORLD Any pei~oii shall be punished by tile penail ie.s provided in Article 46 who 1) uses aboard an aircraft any objects or equipnie.nt, the t.rans- portat ion of which is prohil)ited 2) uses without special authorization photographic equipment over 1)1011 il)ite.d areas. Aite7e JO. An Iersoll who, having been c.Ollvicted of one of the violations set forth in the preceding articles, commits anotlier violation set forth in these articles, or the. same violation within five years from the termination of imprisonnient, or pa ment. of a fine or the expiration of tile statute of hiniitations, shall i~e punished with the maximum imprisonment or fine and such penalties may be raised up to twice the amount. Aitie7e Ji. There shall be punishable by a. fine of from 36,000 to 1S0,~0() francs inclusively, and further according to the Nrdumstances 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 thie~ years after the last entry 9) Anyone who violate.s 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 provi(le(l for in Article 482 of the Penal Code. It shall be con idered a repetition where. during the preceding year a first judgment' was issued against the violator for any of the above violations. Aptcle J2. 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. An certificates issued to such pilots shall remain for the duration of the prohibition in the custody of the court which has issued tue prohib tion. 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 pe1'so1~ is domiciled, within five days following the date when the con- viction becomes final, or he shall be punished by imprisonment of from six days to one month and a fine of from 18,000 to 360,000 francs re- gardless 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. A vt,'ele 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 lS().000 to I ,OSO,000 francs and imprisonment of from six days to two months or either one of these penalties, even if such jettisoning Por ~imounts generally augmanted by 50 percent. See Dalloz. Code de~ Tran~portg (1059). Ed. PAGENO="0721" AIR LAWS AND TREATIES OF THE WORLD 711 has caused no damage, and this shall not prevent inure severe pei~alties which may be, incurred in the case of a delict or crime. Article 54. in the case of an accident caused by an aircraft to per- sons Ofl the ground, the Law of July 17, 1908 which concerns and pro- hibits the delict of fleeing from justice shall be app1~cable, except in the case where it is established that the arrest. of an aircraft would jeopardize the safety of the passengers. Article 54-1.~ Without thereby affecting more severe penalties, if applicable, there shall be punished by the penalties provided for in Article 406 of the Criminal Code any person who destroys or milaw- fully removes, or attempt.s to destroy or unlawfully remove any air- craft or spare parts which ale subject to a (lilly recorded mortgage. Any fraudulent act to deprive a. creditor of his security shall be pun- ished by the same penalties. A i/'~/e 55. lii addition to the officers of the judicial police, there sImi he ehaitred w ii N I lie determination of violations of this book and the d~ciec aed mr its a it!)1 ~tion. the agents of the Internal Rev- enue ~ei'vice, the techuiical agents oi tile Water and Forestry Serv- ice and of the Customs, the gendarnies, the engineers of the aero- naiihcs. the ttnl utica I audi! al 5111)-agents hereof, the engineers and agents of the ~et\i (P u lb: "P~ and buds in charge of airports, the cult! heels a 11(1 it `ii ru icts it ~eiVice of Mines and Highway In- SlzS101H, I e (!Ii(1:l~ id leolloal service of Civil Aviation, ]flclnh)ers 0! 1 to .\ ri v alit i.\.ni.': nel ;i cuts of the Army or Navy (01111115 O!~ ii I11~ i!tl)O~('. A //~c1( ;~. `I lie N ates ai ore, the investigating judge (juge d'instrnri ion). I lie officers of lie auxiliary police of the Skate's at- torney esiuna ted 11 ~\ rt ales 4$ and i~0 of the. Code of Criminal Invest iu;oe a a-. I he 0111(11k u ~ I lie I eclumical tervices of Civil Aviation, rnembvr~ of I it' A lilt V 01' !IVV all( I fttlellts of the Army or Navy conniissioiied lol liii i)1tl'P~5d, t lie geIl(larmes, engineers ~f the aer~- naut ics, techuli(!ll agents and sub-agents of the aeronautics, agents of the Internal ldeveiiue service. agents of the Customs, technical agents of I lie \Vuter and Forestry Service and field guards. Shall have the right., to seize explosives. weapons an(l anliflunit ion of war, homing pigeolls, photographic eqUipfllelit. l)riflt e(l 1111111 el and nm 11, as well as radio telegraph and rml(lio teIel)hone equipment which may be found aboard without special authorization provided for iii Articles 28 and 29. These authorities shall also have the right to seize homing pigeons, photographic equipment and l)1'ifltedl matter found aboard ~ii rcraft authorized to transport such objects whenever such aircraft pass over prohlil)ite(l areas. They shall also have the right to seize homing pigeons and any n'iessag's they niiglmt carry. Confr-cation of such objects and equipment seized in accordance with the regulations shall be. pronounced by the court. New. See supra note 1. Law No. 133-1352 also contains thu followinc final provisions "Art. 2. In the application of this law, due riurard shall he riven ti the 1 rni~iistrn tiVp and Judicial organization of the overseas territories and the rules of procedures In effect In these territories. "Art. ~. All provisions in conflict with this law are repealed, particularly Articles 12 and 13 of the Code of Civil Aviation and, as regards overseas territories. Articles 14 and Ii) of the Law of May 31. 1924, made applicable to these territories by the decree of May ii, 1928." 39-737----65-----vol. 1-----46 PAGENO="0722" 712 AIR LAWS AND TREATIES OF THE WORLD J,ticle ;7. Any aircraft for which certificates of airworthiness can- not. be procluce(l or the registration signs of which do not agree with the cert iticate 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 owiier is established. Jrr7e :~8. 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 Il-AIRPORTS Jff,eIC ;~9. Ahrnuated by T)ecree No. i~9-92. of .January 3, 1959. See. infra.] 27t7e I -l?e.cti~et;on hi the inteiest of llarigatiol Abrogated by Decree No. 59-9~, of January 3, 1959. See infra.] f~t(~ II-J ~fpOPt~ open to /)UbleC (ilIfl~ght C/ui ptei I-Estab7~/unent Jitic/~ ~2 ciu/ ~.]. [Al)1ogated by Decree No. 59-9~, of January 3, 19~9. See infra.] J,~tu/e 4. [Amended liv Decree No. G0-~T5 of March ~, 1960. See. infra.] A it/C/C 75. The establishment of an airport for public air flight hat does not belong to the State shall he subject to the conclusion of an agreement between the minister in charge of civil and commercial aviation and the public or p1~ivate 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 l)altidlllar in regard to the classification of all 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; h) the financial arrangements for the execution of the work and the operation c) the proner measures for maintenance of the airport, its annexes and installations in a condition required by safe aerial navigatlon an(l for exercise of proper policing: d the 1"°'~ conditions to assure permanencv of operation and adantat~on of the airport to the needs of aerial traffic. Jrte7e 76. ;\nv 1)arty signatory to such an agreement may, with the. consent of the minister in charge of civil and commercial av~otion, entrust a third party who jq accented 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 opei.ator slnill h'~ jointly linhle to the State. Jrti~c7e 77. The State shall be responsible for: al the procurement, maintenance, and operation of the installa- finns intended to insure control of air traffic on an airport; PAGENO="0723" AIR LAWS AND TREATIES OF THE WORLD 713 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. Artcle 78. [Amended by Decree No. 60-275 of March 25, 1960. See infra.i 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 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 (late 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 fuffihl the obligations in- ciimbent 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. WThere recission has been declared and where, after consultation by the superior council of commercial aviation, it has been recognized that the public interest ju~tifles 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 provided 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 Council of State may prescribe that the State shall be substituted temporarily or permanently for the operator of an airport. The conditions of such substitution shall be determined by regulation of the public administration. Chapter II-Cia.ssification Article 83. [Abrogated by Decree No. 59-62, of January 3, 1959. See infra.] Article 84. The technical and administrative conditions of such clas- sification, the categories into which airports are divided, the proce- dure preceding the classification and the effects of the classification shall be determined by a regulation of the public administration. Such regulation shall be issued on the report of the minister in charge of civil an(l COmflmer(i;ll IIV1 ation, 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 interior, the minister of national defense and the armed forces. the minister of postal affairs, telegraphs and telephones, the minister of overseas France, and the minister of foreign affairs. PAGENO="0724" 714 AIR LAWS AND TREATIES OF THE WORLD Article 85. `i'he 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 finaiices and eco- nomic affairs, the minister of reconstruction and housing, tile min- ister of the Interior, and other ministers concerned. Chapter IlI-Opeiati~on Jrt(eie 86. (ontracts awarded by the State for the construction, maintenance, and operation of airports belonging to it, shall be sub- ject to the following conditions: rUle cost accounts (callers cle charges types) of tile 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 miii- ister of finances and economic affairs. Contracts which do not involve a cost account shall be awarded by interministerial ordei-. Contracts which involve a cost account shall be awarded by decree of the Council of State issued on the report of tile minister in charge of civil and commercial aviation and the minister of finances and economic affairs. ~1it;cle 87. Without prejudice to the rights of tile contractors, au- thorizations for private workshops, with an obligation of public serv- ice, may be granted on an airport belonging to the State with a view to establish and maintain commercial or industrial installations con- cerning air traffic and operation of the airport. Such authorization shall be granted under tile same condnions as those provided for tile contracts. A,t;cle 88. Public groups other than the State on the airports which tiley have established, may be authorized by order of the minister in charge of civil and commercial aviation and tile minister charged with supervision of tile group concerned, to grant contracts or authoriza- tiOllS for private workshops with an obligation of public service. Where tile cost account is in accoi-dance with one of tile types of cost account as pro\idled foi- in Article 86, tile contracts or author~zations foi- private workshops with an obligation of public service shall be granted under the i-ules applicable to contracts of tile public group concerned. In the case where a cost account is involved, tile contracts or author- izations shall be granted by decree of the Council of State, Ofl tile re1)ort of the minister ~n charge of civil and commercial aviation and the mu mister wii o h as su pci-vision. Jirtl(le 89. The grailting of a contract on Ril airport open to [pub- lie] air traffic may be made subject to the contractor Ullde.rtaking to pay, under tile conditions determined by his cost account, a share of the exuense incumbent on the authority making the grant. Article 90. The (~ontractors and beneficiaries of authorizations shall i)C entitled to obtain, in remuneration for the services rendered by them, and under tile conditions determined in chapter IV below, those of the fees contemplated in Article 91 which are contained iii their cost ~IC(OUilt. (Vmptci IF-Fee.s~ - 1 It/(7e 91. On all airl)orts open to public air traffic, the services Ien(lered to users amId to the public shall give rise to a remuneration PAGENO="0725" AIR LAWS AYD TREATIES OF THE WOULD 715 in the form of fees levied for the benefit of the person rendering the service, and particularly for the following operations: Landing of aircraft; IJse 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 area 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.. rrlley shall be collected in accordance with the rules of the group or establishment, which benefits from them and, as regards the State, 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. Arficie 9~. 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, on advice of the Superior Council of commer- cial aviation, shall be determined by a decree of the Council of State, on the basis of a report by the. minister iii 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 d iHtribution of aviation fuel. The fees other than those specified in the flr~t ~ubparagra.ph 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 t.he 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 interministerial 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="0726" 716 AIR LAWS AND TREATIES OF THE WORLD the public groups or establishments enumerated in Article 79 to be applied to the financing of their participation. Jrtic7e 9~. 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 establishments to ensure the financing of the participation to which it is subject under Article 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 cham- bers of commerce, from additional license fees. Such public establishments may finance, under the same conditions, the part of expenses for equipment, maintanance and operation in- cumbent upon them on the airports they have, established or of which they are contractors. Title 111-The A'h'port of 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, a.nd develop all the installations of civil air transportation having their center in the Paris region a.nd 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. Art~7e 98. Decrees issued upon the report of the minister in charge of civil and commercial aviation, the minister of finances and economic affairs, the mhtister 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 affairs 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. Art ~`7c 99. Any measures for the establishment and performance of building projects for the Paris region which may by their nature PAGENO="0727" AIR LAWS AND TREATIES OF THE WORLD 717 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 aviS ation, the minister of finances and economic affairs, the minister of reconstruction 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 iDecem- ber 29, 1892. Article 101. The provision contained in the fifth paragraph of Article 5 of the Law No. 342, of March 1, 1942, concerning the prohibition of renewing rental contracts, of rerenting empty build- ings and of doing any work therefore without Prior authorization, shall be applicable to buildings requisitioned under Articles 1 and 2 of said Law, after publication of the requisitioning order has been made. It shall be applicab1e 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 08. Regarding buildings located on the perilnetel or within the tern- porarv 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 10~2. 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 he 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 organizations for whom credits are l)rovidled in the budgets of such administrations and or~anizations, 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 anmial budget as established by the (lirector general and ex- amined by the council of administration shall he approved by decree upon a report of the minister of finances and economic affairs and the minister in c1iar~e of civil and commercial aviation. Arficip 1O~. Within the maximum limits set each year by the Finance Law, bonds may be issued by the airport of Paris in order to meet its expenses of original investment. PAGENO="0728" 718 AIR LAWS AND TREATIES OF THE WORLD These bonds shall be guaranteed by the State. Such issues shall he included among the securities which may be used as a revolving fund within the guarantee of the State. 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. Artic7e 10.5. 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 airport is subject under the conditions set forth in the decree No. 55-733 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 1T7-T/ie Airport of Bas7e-Mulhou~e Article 107. The airport of Basle-Mulhouse shall be operated un- der the conditions determined by an agreement between the 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 T7-A~rport.~ of Gcn.eral Ziitere~st Located Ouf$ide 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 commercial character may be estab- lished by decree of the Council of State issued upon the report of the minister 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- me?lt they are emitrmn-1 ed. The accounting of these est~Il)hishmnents shall be autonomous and L he kept in the usual comniercial form. T;t/e T7-Penal Pro ei~sions Art~le 110. Whoever remains on or enters into any land prohibited by the general regulations and orders of airports affected with a pub- PAGENO="0729" AIR LAWS AND TREATIES OF THE WORLD 719 lie 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. 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 r for in the Criminal Code in the case of an accident resulting from a violation. Independently of the fine to which he is subject, any violator or person liable in a civil action, shall be enjoined to remove the applir- 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 tecimical 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 he stated by summons by agents commissioned for that purpose. [Article 712. Abrogated by Decree No. ~9-92. of January 3, 1959. See infra.] BOOK IlI-AIR TIlANSPORTATION Article 113. Air transportation means the transportation by aircraft from one point, to another of passengers, mail and goods. Title I-Tiansportction (7ontrc.ct Chapter I-Transportation of Goods Article 114. The rules of the Commercial Code concerning trans- portation on the ground and by water shall apply t.o transportation by air, except as provided in the following articles. Articles 11.5. Contracts for air transportation of goods shall be gov- erned by Article 925 of the General Tax Code. 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 117.6 Liability of the carrier of goods or baggage shall be governed, in the cast of transportation by air, solely by the provisions ~ Articles 117. 118, 119, and 12~i have been replaced in accordance with the provisions of the Warsa\v Convention of Oct. 12, 1929 by Law No. 57-259 of Mar. 2. 1957, 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="0730" 720 AIR LAWS AND TREATIES OF THE WORLD 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 iiiternatioiial in the sense of that convention. Ai~ticle 118. For the application of Article 25 of said convention, the fault. considered as equivalent to intent is inexcusable fault. Any deliberate fault. is inexcusable whicli 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 preveiits 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 statue of limitations as provided for in this law if he has been prevented from presenting his claim by force majeure. Artcle 119. An action for liability may be brought, at the choice of the plaintiff, either before the court or 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 arived or should have arrived at the place of destination. Ai'tic7e 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. C/ia ptel' II-T1~an$portauion 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 the 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 exist within the limits provided 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. Labilitv of an air carrier iiiay not be imposed except under the conditions and within the limits pi~o\Tidled 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. PAGENO="0731" AIR LAWS AND TREATIES OF THE WORLD 721 Chapter Ill-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 respons1ble in the case of a violation of such obligations. Title lI-Air Carriers Article 127. No one shall engage in any air transportation on a commercial basis and for payment unless he has beeen authorizeed 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 trans- portation, as well as the establishment and operation of international routes of regular air transportation, shall be subject to prior authori- zation 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 respon~ible shall be reserved to French aircraft except. for special, te.mporarv exceptions which may be awarded by decree. Article 129. Transportation of passengers lmiy be undertaken only by carriers authorized to do so by the minister iii charge of civil and commercial 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 on 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="0732" 722 AIR LAWS A~D TREATIES OF THE WORLD 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 coiicernecl 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. A,'tic7e 133. Air carriers shall be subject to the technical control exercised by the minister in chrage of civil and commercial 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 in charge of civil and commercial avi- ation may delegate certain functions of control to a technical organi- zation set up for this purpose. Arfiele 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. Tit7c Ii'J---Tke "Compagnie Sat ioiiale Air France" (7tap te r I-Ii~ corpora t ion Article 1.17. The corporation entitled "Compagnie Nationale Air France" shall be subject to the provisions of this Code and, insofar as they are not in conflict with this Code, by the laws concerning corporations. Its purpose is to assure the operation of air transportation under the conditions estahiished by the minister in charge of civil and com- mercial aviation after agreement, if necessary, with the other min- isters. No subsidy may be allocated for the routes operated in com- petition w-ith 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. How-ever, it may not establish or manage any enterprise of manu- facture of aeronautical equipment. nor participate in such enterprises. Article 138. To the amount of 3u~, of tile capital, the State niust sell stock in the Compagiuie Nation ale Air France to: 1) Interested public groups and organizations in France and the. French Union; `See Decree No. 62-197 of February 19. 1962 for jurisdiction of Labor Division of Post Office Department under Art. 96 of the Labor Code, Book 2. (J.O., March 14, 1954.) PAGENO="0733" AIR LAWS AND TREATIES OF THE WORLD 723 2) French nation~Lh~ 01 legal persons. In no case shall the total StO(k subscribed by the second category exceed 15% of the capital. Chapter 11-A dmini8tration Article 139. [Modified by iDecree No. 61-458 of May S, 1961.] The Campagnie Nationale Air France shall be managed by a council of administration named by decree of the council of ministers and including the following: 1) Four administrators, officials designated as follows: One by the Prime Minister; Two by the minister in charge of civil aviation; One by the minister of finance and economic affairs. 2) Four administrators, not officials, designated by the minis- ter 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 metro- politan 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. In case it is necessary to replace any council members, the new mem- hers shall remain in office until the date of expiration when the term of office of the rephiced menibers ordinarily would have expired. This provision shall apply only to appointments made after the effective date of this decree [May 8,1961]. [For new Article 139b see infra Decree No. 60-411 of April 29, 1960.] 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 PAGENO="0734" 724 AIR LAWS AND TREATIES OF THE WORLD 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. 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 niinister of finance and economic affairs. Article 143. Tne council of administrations shall submit for the approval 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 proflt.s and losses; The. extent of shares heTci 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 Jovr~nal 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 t.he routes to be served. A maximum of two months shall be granted to the minister to give lus approval. After the expiration of such time, it shall be deemed granted. Article 142. 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 a.nd the other ministers concerned. PAGENO="0735" AIR LAWS AND TREATIES OF THE WORLD 725 BOOK TV-FLIGhT PERSONNEL Title I-Professional Flig/i t Per~onne7 Chapter I-Categories Article 146. The capacity of professional airman of civil aero- nautics shall be gra.nted 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 (sectmn A) The servicing abroad of various engines, machines, and instru- ments necessary for the running and the flight, of the aircraft (section B) The servicing abroad of other equipment installed in the air- craft, and pa.rt icul any, photographic and meteorological equip- ment, or equipment serving agricultural work and equipment serving the operation of parachutes (section C) Additional services abroad shall include particularly the com- mercial flight personnel of the air carriers (section D). Article 147. 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. A rticle 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 incorpora.te a new element of a nature that may affect their flight characteristics of their performance; b) Admissions: Any t.e.sts 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 done 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 or test.s and admissions defined in 1 and 2 above. It shall include, in particular, flight instruction, demonstration and advertising flights, photography, parachuting, publicity and a~ricul~ural air operations. A rt'icle 1!~9. The classification, by section and by category, of the professonal flight personnel of civil aeronautics of sections A and B nnd of t.he personnel in sections C and D is determined, upon the advice of the council of flight personnel defined in Article 155, by PAGENO="0736" 726 AI~ LAWS AND TREATIES OF THE WORLD 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 P hired for a period of less than six months shall not be registered in the register. Article 151. In order to be first registered in any of the registers, the applicant must satisfy the following conditions and he must: I) Be of French nationality or belong to the oversea countries; 2) Hold certificates (sections A, B, C) or the certificate of 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 aviation 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 15g. 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 ;~uthorized by a.n 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 "~ r work". Artcle 15.9. 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. PAGENO="0737" AIR LAWS AND TREATIES OF THE WORLD 727 The designation, "licenses", certifies the ability and the right of the titieholders of certificates to fulfill the function corresponding thereto, subject to the qualifications set fort.h 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 examma- tions, as well as the rules of exemption from certain theoretical quali- fications 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 ad- vice of the coirncil of flight, personnel by joint order of the 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 1.54. 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 t.he 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. Artele 155. [Amended by Decree No. 60-1090 of October 6, 1960. See infra.] Chapter 11-The Aircraft Comrnaiider 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 c.ategories "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 1.58. The functions of aircraft commander shall be exer- cised by a pilot. The aircraft. commander shall be. named first on the crew list. In t.he 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 39-737 Q-6~-vo1. i-47 PAGENO="0738" 728 AIR LAWS AND TREATIES OF THE WORLD 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 aH 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 orde.r aboard the aircraft. If he considers it necessary, lie 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, exce.pt in the case of gross negligence, t.o the licensed personnel without pension rights for immediate enjoyment. Such payment shall be calcu- lated for sections 1, 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; 3) the condit.ions under which the cont.ract will be terminated in case of illness, invalidity or disappearance; 4) t.he place of final destination and the time at which the mission is deemed accomplished if the contract is made for a pre- determined mission PAGENO="0739" AIR LAWS AND TREATIES OF THE WORLD 729 5) if the contract provides for foreign duty of the airman: the duration of the stay outside metropolitan France and North Africa not to exceed t.hree 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 repatriated 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 t.he 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 t.he special w-orking conditions and shall ex- pressly cover, apart from the normal risks, t.he special risks due to the conditions of employment. The provisions of the present article shall be applicable only to the relations betw-een an employer and a salaried employee. They shall not oppose the exercise of the right of requisitioning 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 w-ork contract. The aircraft. commander shall render an account. to t.he operator of the circumstances which led him to decide on interrupt- ing the mission. All expenses resulting from such interruption shall be borne by the operator including those specified in the preceding article. 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 deemed extended until the end of such iiit~rnnient, arrest or captivity. PAGENO="0740" 730 AIR LAWS AND TREATIES OF THE WORLD 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 peisons 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 t.hat 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 living 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 member of the flight personnel of the civil aero- nautics 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 teclmical means are insufficient, the crew shall participate in ground operations to repair aircraft and make it air- worthy. 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 medicaT 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 salar and the total average salary provided for in this title, shall be fixed by a ministerial order. Chapter IT7-Temporar~j and Permanent Di.sabiiity A rti'cle 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 operator shall have to assure him 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 for the month during which the disability occurs, and during the following three months; PAGENO="0741" AIR LAWS AND TREATIES OF THE WORLD 731 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 t.hat were the case, until the date of receipt of his ret irement~ pension: his guaranteed monthly salary during the six months of dis- ability; half of such salary during the six months following the dis- ability. 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 122. Cash payments and compensation paid under the laws concerning social security, excluding family allowances, shall be de- duced 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 sickness, injuries or infirmities resulting from willful negligence of the person concerned. Article 174. Where 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 iii the sense of the laws on workmen.s accident com- pensation, a cash indemnity shall be paid by the peilsiun fund (caisse de retraites) established under Article 186 to the person (Olicernedi or his legal successors. The minimum and maximum limits between which the council of administration of the fund establishes the measure of the amounts l)ayable 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 Article 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. Artic7e 175. If the disability resulting from the causes mentioned in the preceding article merely leads to pe1'nma1ie1~t inal)ilitv to follow the profession of airman, the pensTo1~ 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 perii~ai~ent total disability a percentage equal to that of his disability; however, such sum shall not be less than 50 percent of that which would be granted to him in the case of total disability. PAGENO="0742" 732 AIR LAWS AND TREATIES OF THE WORLD 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. Artcle 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 age 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 w-ithin forty-eight hours follow-ing 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 w-ork" or to the category "test ing 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- t.ions and inquiries in order to seek and state the causes of accidents or incidents. Article 17.9. The minister in c.harge 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 w-hich must. include a flight controller. Such commission of investigat.ion must hear the representatives of the operators concerned, as well as t.he 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 com- mercial aviat.ion 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. [Articles 180 and 181 as amended by Decree No. 62-405 of April 7, 1962, read as follows:] Article 180. A disciplinary council is charged with proposing to the competent minister the application of penalties regarding holders of licenses and certificates who have been found guilty of negligence committed in the exercise or at the occasion of the exercise of the pro- fession of airman, or at the occasion of flights in whatever capacity, or who have been finally sentenced for a crime or misdemeanor against decency or good morals. Article 181. The disciplinary council of the civil aeronautics shall include two sections: testing and admissions, air transportation and air work. Each of them has the right to propose penalties in the name~ of the council. The council may also sit in plenary session. PAGENO="0743" AIR LAWS AND TREATIES OF THE WORLD 733 Each section shall include representatives of the administration, the operators and the professional flight personnel. The membership and operation of the council shall be determined by decree by the Council of State, on the report of the minister of public works and transportation and the minister of the armed forces. Article 182. When the commission of investigation pro~~ided 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 Article 378 et seq. of the Code of Civil Procedure. Art/eTc 184. Disciplinary penalties within the jurisdiction of the disciplinary board shall be the following: temporary revocation with or without suspension of one or sev- eral certificates or licenses; permanent revocation of one or several certificates or licenses; removal from the register provided for in Article 151. Article 18.5. 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. Chapter VI-Pem~ions 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 certificates, 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 plo\ided for hereinafter, in favor of such airmen who, before reaching the age of fifty years. have to cease any activity as airmen as tlìe result of an accident suffered or an illness contracted because of the exercise of their profession. 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 or organization and financing of the system, as well as the conditions for the assurance of its financial stabilit. shall l)e 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 PAGENO="0744" 734 AIR LAWS AND TREATIES OF THE WORLD 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 ~8, 1951 an(l to their legal successors. Article 187. Members of the Air Force and the Naval Air Arm, holders of a certificate as military airmen who leave the Army before having completed fifteen years of actual military service in order to follow a career as a member of the professional flight personnel of the civil aeronautics may include their military service in calculating their pension under the supplementary system provided for in Article 180, Pi'ocia'ecl 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 liquidation of military pensions awarded under Article 11 of the (`ode of Civil and Military Retirement Pensions shall in no case he counte(l 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 1 of the (`ode of Civil and Military Retirement pensions shall be deferred for members of the armed forces reLristered in the register of tl~e civil aeronautics after April 3. 1953, until they are entitled to the pension which they may acquired 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 amount as anticipated pension. Article 190. A regulation of the public administratiofi shall fix the methods of application of Articles 18~, 168, 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 pelision 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 he deducted from the amount of each paycheck re- ceived by the persons concerned. They may not oppose such deduc~ tion. The amount of contributions deducted and the contributions to be made by the operator shall he paid by the latter to the pension fund within the time fixed by the council of administration of the fund. Payments that are not made within the time provided for above may be made with an increase for (lelav, 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 210-I---4 of the Civil Code; (h) by a. mortgage on real property which shall have priority from the date when it is registered in the office of mortgages.8 8 This paragraph was substituted for the previous wording by the Ordinance No. 59-71 of Jan. 7, 1959. PAGENO="0745" AIR LAWS AND TREATIES OF THE WORLD 735 Chapter T7JI-Crirnirtal Pro ii~sioms Article 192. Any person who, in violation of the provisions of this title, works in any position requiring certificate. licenses and qualifica- tions of a professional airman of the civil aeronautics, shall be pun- ishable by a fine of from 40.000 to 240,00(} 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 penaltie.s. 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 therof, shall be punishable by a fine of from 24.000 to 100,000 francs. Any violation of the regulation concerning working hours of fl%ht 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 lie 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. Title 11-Temporary Flight Per9omnel Article 194. [Abrogated by Decree No. 59-1057. September 3, 1959. See infra.] 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 fron 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 he fixed every year by the finance law shall i)e set aside for the benefit of young people of less than twenty-one years of age who practice power 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 applica- tion of the reductions on said hourly flying fees. PAGENO="0746" 736 AIR LAWS AND TREATIES OF THE WORLD The methods of application of the preceding provisions and the con- ditions of control exercised by the minister in charge of civil and com- mercial aviation shall be fixed by a decree issued upon the report of the minister in charge of civil and commercial aviation and the min- ister of finance and economic affairs. Art,~c1e 197. An insurance fund for aerial sports shall be set aside to cover the risks incurred by persons who practice glider flight, pow- er flight, or parachuting in sport~ associations on air sport stations and who are not entitled to one of the insurance, funds created by Articles 3 and S of the Law of March 30, 1928 or of those set up by the pro- visions 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 the deposit and consignment fund, the condi- tions of any grants and the arnouts 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 accordance 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 19~3 (Art. 59) Law of May 31. 1924, amended by the law of May 16, 1930, con- cerning aerial navigation Law of March 30, 1928, concerning the status of flight personnel of the aeronautics, amended by the laws of October 4, 1943 and January 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 an 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 Compagme 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 the Franco-Swiss agreement concerning the air- port of Basle-Muihouse; PAGENO="0747" AIR LAWS AND TREATIES OF THE WORLD 737 Law No. 50-1389 of November 5. 1950, establishing a national 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. IT-Civil and comnier- 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 w-orks, transportation, and tourism. IT-Civil and com- mercial aviation, Art. 2) Law No. 53-51 of February 3, 1953, concerning development of credits for operating expenses of the civil services for the fiscal year 1953 (Public works, transportation and tourism. TI-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 transportation; 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). DECREE No. 59-92 OF JANUARY 3, 1959 CONCERNING REGULATION OF AIRPORTS AND AERONAL-TICAL REsTRICTION ~ [Omissions.] Title 1-Re gulutioi~s 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 ma jeure and the cases pro- vided for in the following sub-paragraph, aircraft may not land on, or depart from any except regularly established airports. °Journal officiel, Jan. 8, 1959, p. 585. and Jan. 18, 1959, p. 1022. (See Art. 20, infra, for abrogated articles of the Code.) PAGENO="0748" 738 AIR LAWS AND TREATIES OF THE WORLD A decree issued upon the report of the minister in charge of civil aviat ion and the minister of the Interior, shall fix the conditions under which aircraft of certain tyI)es 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 opeii 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 estal)lishment, 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 If-A e ion a it fled restrictions Article 8. In order to ensure the safety of navigation of aircraft, special restrictions called h~aeronautical restrictions" (servitudes aéro- nautiques) are imposed. 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 ofairtraffic: - 2. Aeronautical restrictions of marking carrying an obligation to provide Visil)le or radio-electric devices on certain obstacles and locations in order to notify their p1~esence to aerial navi- gators or to permit their identification, or to permit the installa- tion of such clei-ices. Artcle 9. The provisions of this title shall be applicable: a) to airports intended for public air traffic or airports created by the State: b) tinder certain conditions to he fixed by decree, to airports not intended for pubIc air traffic and estal)lished by a natural or legal person other than the State, and to airports located on foreign territarv for which clearance areas must be provided on French territory: c) to installations of aid to aerial uavigation~ or aeronautical telecommunications. mi to meteorological installations estab- PAGENO="0749" AIR LAWS AND TREATIES OF THE WORLD 739 lished for the safety of aerial navigation. but the provisions of Articles L. 97 to L. l~3 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 navi~at ion. Article 10. The restrictions provided for in Article 8 shall ensure to aerial navigation conditions safety at least equivalent to those result- ing from the standards and recommendations of the International Civil Aviation Organization, in accordance with annex 14 of the Con- vention 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 in- vestigation 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 l)la1~ shall be chargeable to the respective funds beginning on the day of publication of the decree. The clearance plan shall be modified in the same manner. however, no public investigation shall be necessary when the p~ii'pose of the modification is to remove or alleviate restrictions provided for in the plan. Article ii?. In urgent cases, temporary safeiiuardiiig measures may be taken by ministerial order after a public iiive~i igat ion and advice of the commission mentioned ~n 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 iiovisio1~~ of Artiles L. 1(1~ 011(1 L. 104 of the Code of Postal Matteis, Telegraphs and Telephone~. shall he applicable to aeronautical clearance restrict ions and the taking by ~niiuent. domain provided for in Article L. 103 shall proceed in iccoidance. with the provisions of Ordinance No. 58-997 of October ~3, 195~. The costs and indemnities due under the application of these provi- sions are. incumbent upon the State except for tho piovisions of Article 77 of the Code of Civil and (~ niniercial Aviiit ~tO 011(1 1 he special provi- sions concerning airports of paragraph b, of Article 9 of this decree. Article 14. The minister in charge of civil and commercial aviation or, in regard to those airports or air routes coii~ein ~ug hiiii. the minis- ter in charge of national clefe~~se. 1ii0~ prescribe do and iiight mark- ings or markings for day or for night time for all (b~rlules which lie 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 modiflcat~on of an~ visual device other than a device of maritime uitarkiug or railroad or road signs which is such as to create confusion with visual aid. to aur navigation. Aiticl li. Except for the pIOvi~ioiis of Ait i'lc 77 of tile. Code of Civil and Coimneicial Aviation aud the special provisions concerning the airports mentionedi in paragraph 1, (if A rtalc ) of this decree, PAGENO="0750" 740 AIR LAWS AND TREATIES OF THE WORLD 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 in- stallations mentioned in the first paragraph of Article 17 hereinafter, in which case the costs shall be at the expense of the operator of the lines or the owner of the installations. Article 16. In 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 conditions of construction, of height or of marking, according to the requirements 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 navigation, 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. Wlieii 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 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 October 23, 1958 concerning expropriation. The provisions of Articles 31 and 31-1 of the Code on city planning and housing shall be applicable iii 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, 73, 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 arniies, 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 and the decree shall be published in the Journal officiel of the French Republic. PAGENO="0751" AIR LAWS AND TREATIES OF THE WORLD 741 DEGREE No. 59-62 OF JANUARY 3, 1959, RESTRAINING VIOLATIONS OF THE Rui~s ON AERONAUTICAL REsTRicrioNs 10 [Omissions.] Article 1. Violations of the regulatory provisions concerning aero- nautical restrictions of clearance and 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 th.e 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 pait 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 beeii remedied at the expi. ration of the time limit. set~ by the judgment, the administration may 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. Art eeie .L 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 .Jovtrn.al officiel of the French Republic and be executed as law. DECREE No. 61-458 OF MAY 8, 1961, AMENDING ARTICLE 139 OF TIlE CODE OF CIVIL AND COMMERCIAL AVIATION CONCERNING THE COMPAGNIE NATIONALE AIR FRANCE `~ Article 1. The provisions of Article 139 of Title III of the Code of Civil and Commercial Aviation are amended as follows: `°Journal officiel, January 8, 1959, p. 547. 11 JO. May 10, 1961, p. 4301. PAGENO="0752" 742 AIR LAWS AND TREATIES OF THE WORLD 1. Subparagraph 1 shall read "Four adiir~nisrrarors. officials designate(l as follows One iv i lie Prime Minister: \V() Lv the Minister in char~ie of civil aviation: One. by the Minister of Finatice and Economic Affairs.~ 2. Subparagraph 2 ) the following i~iovisioii is added "In case it is necessa iv to replace mv council nienibers. the new members shall remain in office lint ii the date of exl)iration when the terni of othe of the replaced members ordinarily woiiltl have expi red. This piov:smii shall apply only to appointments made after the effective late of i his dc lee. I ,t~~/c 2. TIle Minister of Finance and Economic Affairs and the Minister of Publi works and Fransp'rtatioii. each within his juris- diction, shall be chiar~ed with the application of this decree which shall be published in the 1 i~v~i/ Othc~i/ of the French Republic. I)ECIIEE ~\o. 59-l)tT OF SEPTEMBER 3, lft9. CoNCERNING THE I2IQTIDA- TI()N 1' TIlE I N~LIlAN('E FFNi) OF t MMERCIAL AVIATION (Journal ()~`c,c/. ~ept. 11. 19.9. 1~* ~ Jitic7c 1. The provision~ of Article S of the Law of March 30, 1928. in regard to pns~t oh fiyiiin otea~ionally. and Article 194 of the (ode of (`ivil nd CommiierciaI Aviation are hereby abrogated. A ~t;~'~ ,~. The assets and liabilities of the insurance fund of corn- mneicial aviation. providleol for in Article 5 of t he I)ecree of February i93~' containing adniini~trative rules for the application of Article 5 of the Law of March 9. 1925 ore hereby transferred to the ilelisioll fund of the professional flight j)elsonnel of civil aeronautics created in application of Article 1~G of the (ode of Civil and Commercial Aviation. L~w No. C1-1382 OF DECEMBER 19. 19(11. ESTABLISHING A NATIONAL CENTER OF SPACE ~YUDIES 12 Ai'tnlr 1. There is hereby established under the name of National (`enter for Space ~tiidies a scleiltincaii(l technical public institute, of an industrial aiicl commercial nat lire, with fiscal autonomy and subject to the authority of the Prime Minister. I i'tir7~ 2. The National Center for space Studies has the purpose of developing and directing scientific and technical research in the field of 91cc science. In part~ct~lar. it shall: 1) collect all information on national and international activi- ties conceining prolileiiis. exploration and use of outer space: ~`P~ih. in Tournol 0t7Oiei. Don. 29, 1961. This mw 0 based on the following preparatory J 1/ ` ~otu oil 1 oo' ii Draft-- Law no. 1429 Report N. 1460 if Mr. Sy for rho 1omniite'o of Cuiturol Aflaire Adopted (let. 15. 1961 Ii the Sena to Draft-- law No. 21 1961 -621 Report No. 97 hy Mr. Baiinei Adopted Dee. 7. 1961 PAGENO="0753" AIR LAWS AND TREATIES OF THE WORLD 743 2) Prepare and propose for the approval of the interministerial committee for science and technical research, programs of re- search of national interest in this field 3) Insure execution of such programs either in laboratories and technical institutions created by it, or by means of research contracts made with other public or private organizations or by financial subsidies. 4) In cooperation with the Ministry of Foreign Affairs, fol- low the problem of international cooperation in the field of space and to supervise the performance of that part of interna- tional programs which is entrusted to France: 5) Insure directly or by subscription or subsidy, the publica- tion of scientific works dealing with the problems of space. Article 3. The National Center for Space Studies undertakes its own fiscal management and presents its accounts in accordance with commercial usages. Article 4. For the financing of the various tasks specified in Article 2, the National Center for Space Studies has budget credits available for space research in early annual budget in appTication of the Law of programs for coordinated supplementary action of scientific and technical research, No. 61-530. of May 31, 1961. As of the promulgation of this law, the Center shall be substituted for the State in the agreements as space research passed in the chap- ter (56-00) of the budget of the Prime Minister entitled "Fund for the Development of Scientific and Technical Research." Article 5. A decree of the State Coimcil shall determine the condi- tions of application of this law and, in l)a1'tict1l~1I. shall define rules for the administrative and fiscal organization of the institute, the mem- bership of its administrative council and the rights and duties of the administrative conseil, of the chairman, and the director general of the Center. Article C. Each year before the vote on the budget the National Cen- ter for Space Studies shall make a report to the Parliament concern- ing its activities and the results achieved during the past year. This law shall be applied as law of the State. DECREE No. 60-1090 OF OCTOBER 6, 11)60 CONCERNING TIlE Cot~xcii~ OF PRoFEssIoN~~L FLIGIcF PERSONNEL OF CIviL AERON~~UTICS.13 Artcle 1. Article 155 of the Code of Civil and Commercial Aviation and the Order of .Tulv 1, 1 ~)5G concerning the council of professional flight persommel of civil aeronautics are hereby abrogated and replaced by the following provisions Article 2. A council of professional flight personnel of civil aero- nautics is established with the following task 1) of presenting to the ministers concerned all useful proposals concerning programs of instruction, examination, training and control over certificates, licenses and qualifications of the person- nel mentioned. in Articles 153 and 154 of the above Code 2) of keeping track of any informative matter in the develop- ment of aeronautical techniques for the better exercise of the profession. 18 JO. Oct. 15, 1960, and JO. Oct. 22, 1960. 39-T3T 0-65--vol. 1-4S PAGENO="0754" 744 AIR LAWS AND TREATIES OF THE WORLD Artiele .3. The Council shall be attached to the secretariat general of civil aeronautics. It shall consist of three sections which issue opin- ions either separately or together in sections, or in plenary session. The three sections are: testing and admissions, air transportation, and air work. Article 4. The chairman of each section shall be one of the members, designated by the Minister of Public `~Vorks and Transportation for the sections of air transportation and air work and by the Minister of National Defense for the section of testing and admissions. The vice-chairmen of each section may be designated under the same conditions. The chairman of the section of air transportation shall preside in the council; the chairman of the section of testing and admissions shall be vice president. Article ~5, The section of testing and admissions shall consist of the following: Two members representing military aviation designated by the Minister of National Defense. One member representing civil aeronautics designated by the Min- ister of Public Works and Transportation. Three members designated by the Minister of National Defense on proposal of the organizations representing aviation industry. Three members designated by the Minister of National Defense on proposal of the organizations representing the professional flight per- sonnel of testing and admissions. Article 6. The section of air transportation shall consist of the following: One member representing civil aeronautics designated by the Min- ister of Public `Works and Transportation. One member representing military aviation designated by the Min- ister of National Defense. Six members designated by the Minister of Public Works and Trans- portat ion on proposal of the operators of air transportation. Six members designated by the Minister of Public Works and Transportation on proposal of the organizations representing the pro- fessional flight personnel of air transportation. Article 7. The section of air work shall consist of the following: One member representing civil aeronautics designated by the Min- ister of Public Works and Transportation. One member representing military aviation designated by the Min- ister of National Defense. Such member shall be the same as that designated by the Minister of National Defense to represent military aviation in the section of air transportation: he shall have only one vote when the conseil meets in plenary session or the sections com- bined. Three members designated by the Minister of Public Works and Transportation on proposal of the operators of the air work. Three members designated by the Minister of Public Works and Transportation on proposal of the organizations representing the pro- fessional flight personnel of air work. Article 8. The members of the Council shall be appointed for a two year term renewable by decision of the Minister of Public Works and PAGENO="0755" AIR LAWS AND TREATIES OF THE WORLD 745 Transportation, who shall further appoint, in the manner established in the three preceding articles, twice the number of alternates as there are members. Members who lose the standing by virtue of which they were ap- pointed who resign their office, or who are removed from office by the Minister of Public `Works and Transportation for lack of assiduity shall be replaced by members designated in the manner specified above and whose term shall expire at the same time as that of the members they replaced. Article 9. The Council shall meet in plenary session when called by its chairman and in sections combined when called by the chairman of the section that has seniority. Such convocation shall be compulsory when it is requested by one of the Ministers concerned or by request of a section. Any section shall meet when called by its chairman. Such convoca- tion shall be compulsory when it. is requested by the Minister of Public Works and Transportation or. as regards the section of testing and admissions, by the Minister of National Defense. Such meeting shall take place within the time set forth by the person making the request and within one month from the request unless a shorter period has been specified. The chairman of the Council of flight personnel and the chairman of the sections may call as consultant any pei'son whether an official or otherwise, whose participation seem useful to them. Article 10. There may be no vote unless at least one half of the mem- bers or alternates have taken part in the deliberations. However, if there is no such quorum during two consecutive sessions dealing w-ith the same subject, it shall no longer be required during the third session. Members who are absent. without valid reasons at two consecutive ses- sions may be removed from office. Votes shall be by majority. In case of an even split, the chairman shall cast the decisive vote. Article 11. Matters submitted to the Council of flight personnel or the sections shall be the subject of a re.port. The rapporteurs shall be chosen by the chairman either from the members or alternates of the Council, or from a list of officials or em- ployees established by the Minister of Public Works and Transporta- tion for the sections of air transportation and air work, and by the Minister of National Defense for the section of test ing and admissions. Rapporteurs who are not members of the Council or of the respective section shall participate as consultants in the sessions in which their report is discussed. Article 12. The secretariat of the Council of flight personnel and of the sections of air transportation and air work shall be provided by the personnel of the secretariat general of civil aeronautics. The Sec- retariat. of the section of testing and admissions shall be provided by the personnel of the delegation from the Air Force. Article 13. The Minister of Public Works and Transportation and the Minister of National Defense, each within his jurisdiction, shall supervise the application of this decree w-hieh shall be published in the .Jovrnal Offic'iel of the French Republic. PAGENO="0756" 746 AIR LAWS AND TREATIES OF THE WORLD DECREE No. 60-411, OF APRIL 28, 1960, COMPLETING TITLE III, THE "COMPAGNIE ~\ATIONALE AIR FRANcE" "OF BOOK III OF THE CODE OF CIVIL AND Co~1~IERcIAI, AVIATION 14 [Omission] A~tic7e 1. Title III, the `~Compagnie Nationale Air France" of Book III of the Code of civil and commercial aviation is hereby amended by adding the following article: Article 139 his. The ordinance of February 22, 1945 as amended, which establishes committee of business organizations and the Regu- lation of November 2, 1945, on public administration shall apply to the `~Compagnie Nationale Air France", provided, however, as follows: In order to ensure participation by representatives of the flight per- sonnel of Air France in the work of the Committees of the departments and of the Committee of the organization, the representatives of the personnel on the Committees shall be elected as follows: 1) by the workers and employees; 2) by the engineers, chiefs of services, shop foremen, and others; 3) by the flight, personnel: according to the lists established by the unions most representative of each category of the personnel. The allocation of seats on the committees of the departments to the various categories and the allocation of the personnel to the electoral colleges shall be agreed upon ~tween the management and the unions concerned. In case such agreement is impossible. the allocation shall he made by the regional inspector of labor and transport. workers in charge of air transport. The central committee of the organization shall consist of delegates elected from the committees of the departments, one or two delegates with the same number of alternates from each department. However, the departments which have flight personnel may have more than two delegates on the central committee of the organization either through an agreement between the management and the unions concerned or, if there he none, by a decision of the regional inspector of labor and transport workers in charge of air transport. The flight personnel shall have tw-o seats on the central committee of the organization. The total number of regular members of the central committee may not exceed fourteen. The allocation of seats on the central committee of the organization among the various departments and the various categories, and par- ticularly the allocation of the two seats reserved to them as regards. the various skills of the flight persoimel. shall l)e made in accordance with the procedures specified above for the allocation of seats on the depart- mental committees. Article ~. The minister of public works and transportation and the minister of labor, each within his jurisdiction, shall implement this decree which shall be published in the .Jo~,rnal Offic~el of the French Republic. 14 JO., April 29, 1960, p. 3950. PAGENO="0757" AIR LAWS AND TREATIES OF THE WORLD 747 DECREE No. 60-275. OF MARCH 25, 1960 ~ AMENDING ARTICLES 74 AND 78 OF THE CODE OF CIVIL AND Co~IMERcIAL AVIATION [Omission.] Artwle 1. Article 74 of the Code of Civil and Commercial Aviation is hereby replaced by the following provisions: "Airports for public air flight may be established by the State, by public groups and public establishments as well as by private natural or legal persons provided they fulfill the following conditions: Natural persons must have French nationality and possess their civic rights. Legal persons must be: Either French associations formed in conformity with the Law of July 1, 1901; Or civil or commercial companies in which: a) The following have French nationality and possess their civic rights: The managers and all active partners in partnerships and joint stock companies, and the managers and the majority of partners in companies with limited liability. The chairman of the board, the general manager and the ma- jority of executive officers in a corporation. b) The capital is represented at least half: By partnership belonging to partners of French nationality in companies with limited liability; By stock certificates belonging to stockholders of French na- tionality in corporations. Article 2. Article 78 of the Code of Civil and Commercial Aviation is hereby replaced by the following provisions: "The signatory party to the agreement shall be responsible for the procurement and maintenance of the understructure, as well as build- ings, installations and workshop necessary for commercial operation. However, the State may award to such signatory financial assistance covering part of his expenses. The amount of sueh financial assistance shall be determined on the advice of the Superior Council of air car- riers or, in the case of airdromes primarily used for development of aviation and air tourism, on the advice of the Committee for light and sport planes in consultation with representatives of the minister who has supervision over the public group or establishment concerned and, of the minister financing the operation. Article 3. Article 2 of Decree No. 57-551 of April 29, 1957, concern- ing regulation of public administration in regard to financial assist- ance by the State for the establishme.nt of airdromes for the develop- ment~ of aviation and tourism are hereby amended as follows: "Necessary credits for the granting of financial assistance shall be earmarked in the budget of the Secretariat General civil and commer- cial aviation. They shall be divided within the limits specified in Article 1, on the advice of the Committee for light and sport planes, in consultation with representatives of the minister who has supervision over the public group or establishment concerned and of the minister financing the operation." JO., March 30, 1900, p. 2942. PAGENO="0758" 748 AIR LAWS AND TREATIES OF THE WORLD Article 4. The minister of pubTic works and transportation, the min- ister of the interior, the minister of finance and economic affairs, the minister of industry, the minister of State and the Secretary of State for Finance, within their respective jurisdiction shall execute this decree which shall be published in the Journal Officiel of the French Republic. OTHER LEGISLATION 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 func- tioning of the civil aeronautics in the overseas territories. 2) Ordinance No. 45-2665 of November 2, 1945, concerlling consoli- dation of the metereological services. 3) Decree No. 53-958 of September 30, 1953, concerning housing of personnel of the civil aeronautics on duty outside metropolitan France. 4) Ordinance of February 7, 1955, as modified by Ordinance of January 4. 1962. concerning the creation and definition of air operat- ing manual. 5) Ordinance of August 20, 1956, as modified by Ordinance of De- cember 29, 1961, concerning crews on commercial aircraft (J.O. 1962, p. 6436) 6) Ordinance of March 21, 1962, concerning airworthiness of civil aircraft. 7) Ordinance of January 20, 1962, concerning examination for licenses for flight mechanic. 8) Decree No. 62-51 of January 17. 1962, modifying Decree No. 55-1348 concerning creation of a medical council for civil aviation. 9) Law No. 62-898, of August 4, 1962, to speed up public works, and particularly the freeways, and to assure safety of air navigation. (J.O. Aug. 5, 1962) 10) Decree No. 62-1046, of September 1, 1962, concerning the or- ganization of scheduled passenger services of air carriers between the airports and points they service. (J.O. Sep. 4, 1962) 11) Decree of October 3, 1962, concerning classification of airdromes used for public service in France (J.O. Oct. 9, 1962). 12) Ordinance of August. 1, 1962, establishing conditions of tech- nical use of aircraft for public transportation (J.O. Sep. 5, 1962) Ordinance of October 23, 1962, concerning restricted airworthiness of aircraft (J.O.. November 24, 1962). Decree No. 62-1410, November 21, 1962, concerning rules of meteor- ological aid to air navigation (J.O.. December 1, 1962). Ordinance of November 23, 1962, classifying airdromes according to their aviation use and conditions of use (J.O.. January 4, 1963). Ordinance of November 25, 1962, classifying the definition of zones contiguous to airdromes within which establishment of a private air- drome is subject to prior approval of the minister in charge of civil aviation (J.O.. December 14, 1962). Ordinance of January 3, 1963, extending to overseas territories the provisions of the ordinance of August 11, 1962, on technical conditions of use of public transport aircraft (J.O.. January 10, 1963). PAGENO="0759" AIR LAWS AND TREATIES OF THE WORLD 749 Decree No. 63-8, January 5, 1963, regulating public administration on additional rules of retirement for professional flight personnel in civil aviation (J.O., January 8, 1963). Ordinance of January 11, 1963, concerning application of Decree No. 54-109, January 28, 1954, for the manufacture and purchase of light aircraft (J.O., January 17, 1963). Ordinance of April 12, 1963, listing international airports and other airports with controls of customs, police and health in metropolitan France and in the overseas departments, and specifying the conditions of the opening thereof. Decree No. 63-552, of June 4, 1963, concerning classification of air- droines used for public air service in the overseas departments. Decree No. 63-926, of September 6, 1963, concerning the conditions of establishment of airdromes used for public air service in the over- seas territories. Decree No. 63-927, of September 6, 1963, concerning the conditions of establishinent, of putting into service, of utilization, and of control of airdromes in the overseas territories. Ordinance of September 10, 1963, listing the airports open to in- ternational air traffic in metropolitan France and in the overseas departments, and the conditions of opening thereof. Ordinance of December 12, 1963, abrogating and replacing a pre- vious ordinance on navigator's licenses. Ordinance of December 24, 1963, concerning rules on facilities of safety aboard public transport aircraft. Ordinance of March 24, 1964, amending ordinance of August 20, 1956, concerning the composition of crews on transport aircraft (J.O., March 25, 1964). Ordinance of March 27. 1964, amending a previous ordinance con- cerning certificates, licenses, and qualifications of civil airmen (J.O., April 7, 1964). Decree No. 64-711 of July 7, 1964. changing, as to indemnifications, Decree No. 54-399 of April 5, 1954, concerning regulation of the public administration for the application of the law of December 17, 1941, relating to creation of a reserve fimd for aviation sport (J.O., July 12, 1964). Law No. 64-650, of July 2, 1964, concerning certain flight personnel (J.O., July 3, 1964). PAGENO="0760" PAGENO="0761" GABON Gabon applies the uniform air code drawn up by S~n~gal, and ad- hered to by the countries of the Union of Metropolitan Africa. See Sénégal. 751 PAGENO="0762" PAGENO="0763" GERMANY PRELIMINARY The prewar air laws of Germany had not been repealed after t.he 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, 1957 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 (BGBI. 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. (Sfldwest-Deutsche Verlagsanstalt, Mannheim 1959). LAW CONCERNING AIR NAVIGATION (Luri 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 Published in Bundesgcsetzhlatt (BGBI.) 1959. I. p. 9. For the Law on Jurisdiction in the Administration of Air Traffic of Feb. 8, 19I~1 (BGB1. I, p. 69) see infra. The Law, amending the present Law concerning Air Navigation, of July 25, 1964 (BGBI. I, p. 529), further amending FIGB1. III, p. 96-1. amell(lPd Articles 1 (2), 2(6). (7) (8), 21(2), (3), 23a, 25(1), (4), 30(1). (2). 31. 32(1). (3). (4). (5). 37, 43, 48, 69, 49a, 51, 56(2), (3), 58(1), (4). PAGENO="0764" 754 AIR LAWS AND TREATIES OF THE WORLD PART Il-LIABILITY Article Section 1. Liability for Persons and Goods Not Transported in the Aircraft 33 ~ 43 Section 2. ~iability 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 UI-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, 1~53 (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 for 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, ~egiste.red 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 (Prufordnung) 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="0765" AIR LAWS AND TREATIES OF THE WORLD 755 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 regulat.ions for examination (Prufordnung) 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 (l),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 ~, paragraph (3)) the flight instructor shall be deemed the person who conducts or operates the aircraft. In the case of practice or examination flights 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) rflie license shall be. denied where the facts justify the assump- 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, t.he license shall he 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. ~-Airport$ 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="0766" 756 AIR LAWS AND TREATIES OF THE WORLD (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 t.he 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 may become known without formal proceed- ings and agreements have been reached with the persons concerned. PAGENO="0767" AIR LAWS AND TREATIES OF THE WORLD 757 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 approval of the plan and said agency is reached, the agency charged PAGENO="0768" 758 AIR LAW~ AND TREATIES OF THE WORLD 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 (Gewerbeordnung) shall, as far as possible, be applicable to airdromes. This shall apply even when the airdrome does not serve commercial but public purposes. Article 12 (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 w~hich 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 airdrome 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 an 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- tion 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 t.he 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 a.irdrome); 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="0769" AIR LAWS AND TRF;ATIES OF THE WORLD 759 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.), b) 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) In order to safeguard safety of aviation and to protect the general public, the aviation autlioritie.s may make their consent under paraoTaphs 2 and 3 contingent on the imposition of conditions on the building permit. Article 13 If building restrictions within t.he area subject to such restrictions a.re 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 t.heir consent. Article 14 (1) Outside the a.rea 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 he 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 hues, masts, dams, and other installations and devices. Article 12, para- graph (2) shall apply accordingly to pits, installations of canalization and similar depression in the ground. (2) The 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. If no other authorizing authority is provided for, the authorization of the, a~ia- tion authorities shall be required. Article 16 (1) The owner and other titleholders shall Permit upon request of the avia.tion 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- 39 717 0-65--~'~i. l---49 PAGENO="0770" 760 AIR LAWS AND TREATIES OF THE WORLD 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 knowii 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 l~, 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 usufruc.t. of the property shall have redress from the compensation of the owner in accordance with Articles 52 and 53 of the introductory law (Einf~h- 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 t.he operator of the airport in PAGENO="0771" All LAWS AXD TEF:ATJE~ OF THE WOELD 761 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 aircraft 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 authorization 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="0772" 762 AII~ LA\V~' AXD mr:ATIES OF THE WORLD 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. A rticle 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 Regulation~ 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 t.o 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 (areas with flight limitations) (Gebiete. mit Luft.beschränkungen). Article 27 (1) Weapons, ammunition, explosives, poison gases, nuclear fuels or other radioactive materia's and ot.her 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 PAGENO="0773" AIR LAWS AND TREATIES OF THE WORLD 763 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 permission 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 purposes 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, BGBL I, p. 134) subject to the following provisions: 1) In direct connection with expropriat.ion for purposes of aviation an expropriation for granting a compensation in the form of ia.nd 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. Seotini 6-General Provis-io'n~ 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 t.he exercise of supervision of air traffic. (3) The responsible aircraft commander shall t.ake 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 t.he 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="0774" 764 AIR LAWS AXD TREATIES OF THE WORLD ceptions from the provisions concerning 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 administrative 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 t.o 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 concerned with the establishment, or modification have been heard. 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 acc.ording 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 connection therewith. - Article 31 [Abrogated by Law of February 8, 1961. See infra.] Article 32 (1) The federal minister of transportation, with the consent of the federal council (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 requirements 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 preventioii of disrup- tion of the devices for air safety, 4) the persons who must have, a permission in accordance with this law, including instructors and t.he requirements for qualifica- tion and suitability of such persons and further the procedure for obtaining such i~°'~ awl licenses and their revocation or limitation, PAGENO="0775" AIR LAWS AND TRI:ATIF:~ OF THE WORLD 765 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 necessary 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 the 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 arid 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 (BOB1, 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="0776" 766 AIR LAW~ AND TiI:ATIES OF THE WORLD (5) The federal minister of transportation, with the consent of the federal council, shall make the gene.ra~ administrative rules necessary for the application of this law and the regulations made thereunder. PART II-LIAJ3ILITY Section 1-Liability for persons and goods not tran8 ported 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. Liab1llty 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 t.he injured person. Article 35 (1) When someone is killed the damages shall include the costs of attempted healing and further of suc.h financial detriment that the person killed has suffered by the fact t.hat during the illness his earn- 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 t.hird 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 borni 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 Ins PAGENO="0777" ATE LAWs AND TEEr~I'IF~ OF THE WORLD 767 earning capacity has been temporarily or permanently lost or dimin- ished or his advancement been impeded or his needs been increased. Article 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 and 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 a.fter 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="0778" 768 1111 LAWS AND TREATIES OF THE WORLD (2) When negotiations concerning damages are in progress between the person liable for the damages arid 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 pI'ovisions of the Civil Code. A rtiele 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 ti'e 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 thereof 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) shalT 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 4~9 (1) Tn order to secure the damage claims mentioned in this section the operator of the air(Taft 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 t.o the original amount within one month from the time of demand. (3) Return of the. guarantee may iiot be requested until the enter- pnse has l)een given UI) and four months have passed since then. The claim therefor shall l)e 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-Liabilit!./ ari~~ing 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 ajrcarrier shall be liable for the damage. The same shall PAGENO="0779" AIR LAWS AND TREATIES OF THE WORLD 769 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 t.he 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 r (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 ma4le 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 ac~cording to which the air- craft commander or other persons are ihIble for the damages shall not he. affected. A rticl~ 49 (1) Air carriers may not by contract iii 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 professon or trade. (2) An agreement which is cont rary to the provisioii of paragraph (1) shall be voided; this shall not void any other provisions of the con tract. PAGENO="0780" 770 AIR LAWS AND TREATIES OF THE WORLD 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 December 15, 1933 (Reichsgesetthl. I, p. 1079) passed for its application, shall apply. Article 5~ - When shipments that. are mailed at federal post offices are trans- ported by aircraft the liability shall be governed exclusively by the provisions of t.he 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 injured 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 prori~ion~ 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="0781" AIR LAWS AND TREATIES OF THE WORLD 771 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 th.is 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 III-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 Arfcle 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 crimina.l provision, 12) flies into or mt of the territory in which this law applies without a permission granted in accordance with Article 2, par. (6) and (7) 13) violates any legal provision passed before the coming into force of this law for the safeguarding of puhtic safety or order in 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="0782" 772 AIR LAWS AND TREATTE~ OF THE WORLD 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 comm~inder of an aircraft. takes off or lands without au- thorizat.ion 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~representation made therefrom. (2) Such unlawful act and the attempt to commit~uch unlawful act may be punished by a fine up to 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="0783" ATE LAWS AND TIIF;ATTES OF THE WORLD 773 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 6f~ (1) Any person who as pilot of an aircraft violates the regulations concerning prohibited areas of the~ airspace and areas subject to flight rest.rictions 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 AIR LAWS AND REGULATIONS IN FORCE IN GERMANY (Jan. 1, 1961) A. Laws 1. Law concerning prohibition of attachment of aircraft of March 17, 1935 (BGBL I, p. 385). 2. Law concerning rights in aircraft, of February 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 (BGB1. 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 (RGBI. 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 (BGBL I, p. 302) Seventh amendment, of June 21, 1955 (BGB1. I, p. 321) Eighth amendment, of Sept. 15, 1957 (BGBI. 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 (BGB1. 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="0784" 774 AIR LAWS A~D TREATIES OF THE WORLD Regulations concerning favorable customs treatment (Zollbegun- stigung) for the promotion of air navigation, of May 11, 195~3 (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. 52/1959). C. Other RegulatioiM General administrative re~ulations 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). PAGENO="0785" AIR LAWS AND TREATIES OF THE WORLD 775 LAW CONCERNING JURISDICTION IN THE ADMINISTRATION OF AIR NAVIGATION, FEBRFARY 8, 1961 2 Article 1. The law concerning air navigation of January 10, 1959 (BGB1. I, p.10)3 is hereby modified as follows: Article 31 shall read as follows: Article 31: (1) By delegation from the Federal Government, the States [Laender] shall execute the following tasks resulting from this law: 1. The licensing for air traffic of balloons, gliders and launching devices thereof (Art. 2); 2. The licensing as flight personnel of private pilots, profes- sional pilots second class, private helicopter pilots, glider pilots, pilots of free balloons, and parachutists, as well as the issuing of authorizations to such persons for towing flights, acrobatic and instrument flights (Art. 4); 3. The granting of authorizations to train flight personnel and parachutists referred to in number 2 (Art. 5); 4. The granting of authorizations for airdromes, except for proceedings and decisions concerning the extent to which the in- terests of the Federal Government are affected by the establish- ment and operation of an airdrome to be used for public air traffic (Art.6); 5. The granting of authorizations for preparatory work for the establishment of airdromes (Art. 7); 6. The determination of areas subjec.t to limited building re- strictions in connection with landing areas and glider landing areas (Art.. 17) 7. The granting of building permits or other authorizations required by the general law or the authorizations required by the air law in connection with the construction of buildings. installa- tions, and devices, or in connection with trees and installation of pits in areas subject to building restrictions and limited building restrictions (Articles 12, 15, and 17) 8. The determination of building heights, within which build- ing permits or other authorizations required by the general law may be granted without. the consent of the aviation authorities in areas subject to building restrictions and limited building re- strictions (Articles 13, 15. and 17) 9. The consent to a building permit or to another authorization required by the general laws or the authorization required by the air law in connection with the construction of buildings, installa- tions and devices, and in connection with trees outside the areas subject to building restrictions (Articles 14 and 15) 10. The demand to permit the removal of buildings and of other obstacles to aviation that exceed the permissible height, and the elimination of depressions or measures necessary for safety (Articles 16 and 17) 11. The licensing of air carriers, engaged in non-scheduled air traffic by means of helicopters or aircraft up to five thousand 2-BGBI. Part I, 1961, No. 8. p. 69. Feb. 16, 1961. ~ See supra and Air Laws and Treaties of the World, 1961 ed., p. 450. 39-737 0-65--vol. 1-50 PAGENO="0786" 776 AIR LAWS AND TREATIES OF THE WORLD seven hundred kilograms maximum gross weight or whose air lines using such aircraft do not operate outside the State in which the enterprise is located, and the licensing of commercial use of aircraft for other purposes and for flights in which the compen- sation consists of payment of the cost of the flight (Articles 20 ancl2l) 12. The licensing of aviation events which are limited to the State in which they take place (Art. 24) 13. The granting of authorizations to take off and land outside authorized airdromes (Art. 25) 14. The granting of authorizations to carry radio equipment on aircraft within the territory to which this law applies (Art. 27, par.1): 15. The granting of authorizations to take aerial photographs from an aircraft or to market such photographs or drawings or reprsentations made therefrom, except in regard to persons who are. not domiciled within the territory to which this law applies (Art. 27, par. 2) 16. The granting of authorizations for special use of the air- space for a) acrobatic flights, b) towing flights, c) publicity flights and dropping of objects from an air- craft. ci) gymnastic and balancing exhibitions aboard an aircraft, e) release of free and captive balloons, f) flying of kites and model planes, g) parachute jumps for purposes of practice and exhibi- tion, h) deviation from minimum flight altitudes established for purposes of safety, with the exception of the authorization for which the Federal Institute of Flight safety has jurisdiction unclei this law (Art. 32): 17. The supervision within the fields of administrative juris- diction sPecified in numbers ito 16: i~. The exercise of supervision over aviation insofar as this is not incumbent upon the Federal Institute of Flight Safety or the federal aviation authority (Art. 29) (2) Decisions in cases under paragraph 1, No. 4, 6 to 10, and 12 shall he made on the basis of an expert opinion rendered by the Fed- eral Institute of Flight Safetr. (3) Licenses of air carriers in accordance with paragraph 1, No. 11, shall be granted by the federal aviation authority on the basis of an examination of the technical and administrative facilities of the enterprise. Article 2. (1) This law shall apply in Berlin in accordance with Article 13. paragraph 1 of the Third Transitional Law of January 4, 1952 (BGB1. I, p. 1). with the exception of Article 31, paragraph 1, ~os. 1 to 5, 12. 13. 15, 16. letters a. b. c. d, e (also in regard to free balloons), g, h, No. 18, and paragraphs 2 and 3 of the law concerning air navigation. PAGENO="0787" AIR LAWS AND TREATIES OF THE WORLD 777 (2) The limitations on air sovereignty in Berlin shall not be af- fected thereby. (3) Insofar as tasks in pursuance of Article 1 must l)e executed in Berlin, the authorities of Berlin shall not be deemed to execute them by delegation from the Federal Government. Article 3. This law shall enter into force one month after its pub- lication. The preceding law- is hereby promulgated. AIR NAVIGATION ORDINANCE (LIJFTVERKEHRS-ORDNVTNG), AUGUST 10, 1963 (BGBL I. p. 652) This ordinance implements the law concerning air navigation of January 10, 1959, as amended. (See note 1, Law of Jan. 10, 1959, supra.) It consists of 45 articles, divided into 5 sections as follows: 1) Duties of air navigators; 2) General rules (Art. 1-5) 3) Visual flight rules (Art. 6-27) 4) Instrument flight rules (Art. 28-42) 5) Violations and final provisions (Art. 43-45). An appendix contains provisions on lights on aircraft, signals, and quadrant altitudes. The report accompanying the ordinance points out that the ordi- nance umfies the air regulations presently in force in the Federal Re- public of Germany, and follows the recommendations made by the Council of ICAO on April 13, 1948, in order to adhere as closely as possible to international air regulations. On June 19, 1964, a regulation, entitled Lufti'er7~eliis-Zvla.cswng~- Ordnung, and dealing with the licensing anti registration of aircraft, flight pei'sonnel, and aircironies. was i~issecl. ( BGBI.. Part I, 1964. 370). The regulation consists of 110 article~. It is not applicable in WTest Berlin, due to the restrictions on air sovereignty. LAW AMENDING TIlE Lxw- CONCERNING Am X,~vm.~TIoN (6TH AMENDMENT). .J~i~y 25, 1964.* A i'tSle 1. The~ law concerning air Pavigat ion as issued on January 10, 1959 ( BGB1. I, p. 9), as amended by the law concerning jurisdic- tions in the administration of air navigation of Fel)ruary 8. 1961 (BGBI. I, p. 69), is hereby amell(le(l as follows I. CHANGES IN PROVISIONS OF PART I 1. In Article 1, paragraph 2: a) The word "J-Iubschrauber" [lid icopter] is rel)lilced by the word "Drehflugler [rotary blale circiaft] ali(l b) Following the word "instrumentalities" [intended for the use of the airspace] the pelio(l is leplace(l l)y a conim~~ and the fol- lowing words are added "in part iiil ui s1)a(e(1~1 ft. rockets and similar flight instrumentalities." 2. a) Article 2, paragraph 6, isanieialed to react as follows: (6) German aircraft may leave the I errit mv iii which this law applies only with permission. Pubiished in BGB1. 1964, I, No. 39, p. 529 PAGENO="0788" 778 AIR LAWS AND TREATIES OF THE WORLD b) Article 2. paragraph 7 is amended to reacT as follows: (7) Aircraft which are not registered aiid licensed in the tern- tovv in which this law applies, may fly only with permission into the territory in which this law applies, or otherwise enter it. for purposes of air navigation. Permission shall not. be required when an agreement between the country of origin and the Federal Republic of Germany or an agreement which is binding on both States provi des otherwise. c) Article 2 is amended by adding a new paragraph 8: (8) Permission in accordance with paragraphs 6 and 7 may be granted generally or for specific cases, or may be subject to conditions or time limitations. 3. a) In Article 21. paragraph 2. tile second and third sentences are replaced by tile following second sentence: They silall be obligated to transport persons and goods when 1) There is compliance with valid conditions of transportation and official instructions. 2) It is possible to effect transportation with regularly avail- able means of transportation, 3) Transportation is not prevented by circumstances which the carriers were not able to avoid and tile consequences of which they could not prevent. b) Article 21 is amended by adding after paragraph 2 the following new paragrapll 3: (3) The authorizing authority may, in whole or in part, relieve the enterprises from the obligations of paragraph 2, upon their request. when continuation of such operation or performance of such transportation may not be expected of them. The authori- zation shall terminate when tile enterprises are permanently re- lieved of the obligation to continue the operation and to perform transportation. c.) The existing paragraph 3 of Article 21 becomes paragraph 4. 4. After Article 23 tile following Article 23a is inserted: Ai't;cle 2.ii. For the operation of air carriers which do not have their principal office within tile territory in which this law applies, tile authorizing autilority may, ill order to establish and ensure reciprocity, and even when they exceed tile provisions of Arti- cles 20 to 23, impose the same conditions in regard to kind and effect to which air carriers which have their principal office in the territory to which this law applies are subject. in the country where the first named carriers originate. 5. a) Tile second sentence in tile first paragraph of Article 25 is omitted. b) Tile first and second sentences in Article 25, paragraph 2, are amended to read as follows: Paragraph 1 shall not apply to the landing of aircraft when 1) Tile place of landing cannot be determined in advance be- cause of tile characteristics of tile aircraft, or 2) The landing is required for reasons of safety or to render assist alIce ill c.ase of an accident. In such case tile crew of tile aircraft shall be obliged to give infor- mat ion to tile person entitled thereto concerning the name and domicile PAGENO="0789" AIR LAWS AND TREATIES OF THE WORLD 779 of the operator, the aircraft commander, and the insurer; in the. case of unmanned aircraft the operator shall give the required information. c) In Article 25, paragraph 4, the words "paragraph 1, first and third sentence, paragraphs 2 and 3," are replaced by the words "para- graphs 1 to 3." 6. a) In Article 30, paragraph 1, first sentence, the words "the fed- eral border guards and the police are replaced by the words "the fed- eral border guards, the police, and troops stationed in the Federal Bepublic of Germany by virtue of international treaties." b) The first and second sentences in Article 30 are amended to read as follows: Administrative jurisdiction under this law in regard to its application to the federal armed forces and, insofar as there is no conflict with international treaties, to troops stationed [in Ger- many] shall be exercised by the officials of the federal armed forces in accordance with regulations issued by the Federal Min- ister of Defense. The Federal Minister of Defense, in accord with the Federal Minister of Transportation, shall grant permits to other military aircraft in accordance with Article 2, paragraph 7 and Article 27, paragraphs 1 and 2. 7. a) Section 31 is amended by adding the following new para- graph 1: (1) Tnless otherwise provided for, the duties of the Federal Government in accordance with this law shall be performed by the Federal Minister of Transportation or by an agency appointed by him. If such appointment is made by ordnance, no approval thereof by the Federal Council shall be required. The Law con- cerning the Organization of Flight Safety of March 23, 1953 (BGB1. I, p. 70) and the law concerning the Federal Aviation Board of November 30, 1954 (BGB1. I, p. 354) shall not thereby be affected. b) The previous paragraphs 1, 2, and 3 of Article 31 are renumbered paragraphs 2, 3, and 4. c) In the new paragraph 2, No. 2 of Article 31, the w-ords "private helicopter (Hubschrauber) pilot." are replaced by the words "nonpro- fessional pilots of helicopters [Drehfluigler]." d) In paragraph 2, No. 11, of Article 31, the word ["Hubschrau- ber"] is replaced by the word ["Drehflügler'~]. e) In the new paragraphs 3 and 4 of Article 31, the words "of para- graph 1" and "paragraph 1" are replaced by the words "of paragraph 2" and `~paragraph 2." 8. a) Paragraph 1, No. 9 of Article 32 is amended to read as follows: 9. The conditions and the procedi~re for closure of areas of the airspace, and opening of such closed areas, and of areas with flight restrictions. b) The following No. 9a is added after No. 9, in paragraph 1, of Article 32: 9a. The conditions and the. procedure for the granting and revo- cation of the authorizations. licenses and permits provided for in this law, and for exemption therefrom. c) The following new second sentence is added in Article. 32, para- graph 1: In accordance with the first sentence, the. Federal Minister of of Transportation may permit exceptions in the regulations as PAGENO="0790" 780 AIR LAWS AND TREATIES OF THE WORLD concerns the licensing of aircraft, obtaining of a permit and the duty to bear nationality and special markings, provide public safety an(i order, and particularly safety of air traffic, are not di St urhe ci. d) In Article 3, paragraph 1, last sentence, the number "9" is replaced by the number "9a". e) Article 32, third paragraph, third sentence is amended to read as follows: The Federal Minister of Transportation may transfer to the federal office of flight safety and the federal aviation board, the ant liority to issue regulations tinder ~)aragTaph 1, first senten~ce, i\o. 1. and to regulate necessar details ill regard to application of the regulat ions on construction, testing, and operation. f) Iii Article 3. paragraph 4, the words "concerning the persons who must have a radio operators license, and . . ." are added after lie word "regulations." g) Article 32. paragraph S is amended to read as follows: 5) The Federal Minister of Transportation, shall make. the general administrative rules necessary for the application of this law and the regulations made thereunder. General aclininistra- tire rules for the application of the tasks specified in Article 31, paragraph 2, shall require the consent of the federal council. 11. C1I'~XGF.~S IN PIIOVISIONS OF PARE II 9. Art i(le 3~ is amended to read as follows Article 31. (1) The person liable for damages shall be liable for damages arising from each accident ~i) For aircraft of less than one thousand kilograms weight. up to one huitcireci thirty five thousand German marks, b) For aircraft of more than one thousand kilograms up to six thousand kilograms weight tip to one hundred thirty five thousand German marks plus one hundred and eight German marks 1e1 kilogram of the weight exceeding one thousand kilo- grams, c) For aircra ft of niore than six thousand kilograms up to twenty thousand kilogranis weight up to six hundred and seventy five thousand Gerimiami iimarks plus sixty seven 50/100th German mark-s per kilogram of t lie weight exceeding six thousand kilo- d) For aircraft of more than t \ventv thousand kilograms up to fifty thousand kilograms weight tip to one million six hundred and twenty thiousamid German marks plus forty 50/100th German marks p~'~ kilograms of the weight exceeding twenty thousand kilograms, e) for aircraft of more than fifty thousand kilograms weight. up to two million eight hundred and thirty five thousand German marks plus twenty seven German marks per kilogram of weight exceeding fifty thousand kilograms. Weight shall he deemed to be the maximum take-off weight of the aircraft. 2) The maximum amount of damages for each injured person shall be one hundred and thirty five thousand German marks. The PAGENO="0791" AIR LAWS AND TREATIES OF THE WORLD 781 same shall apply to the value of any annuity which has been deter- mined as damages. (3) When the payment for damages due several persons because of the same event exceed the maximum amounts specified in para- graph (1), the individual damage payments other than under para- graph (4) shall diminish in the same ratio as that of the total amount to the maximum amount. (4) When the damage claims arise from injury to property and from personal injury, one half of the. amount. calculated in accord- ance with the first. sentence of paragraph (1) shall preferably be applied to pay damages for injuries to persons. When such amount is insufficient, it shall be pro-rated among the. several claims. The remainder of the. amount calculated in accordance with the first sentence of paragraph 1, shall be pro-rated for payment of damages and unpaid claims for personal injuries. 10. a) In Article 43, the second sentence of paragraph 1 is replaced by the following second and third sentences: This shall not apply when the federal government, or a state (Land) is the operator. When a contract for liability insurance has been concluded, Articles 158 c to 158 h of the law concerning insurance contracts shall apply thereto. b) In Article 43, paragraph 3, first sentence, the words "until the enterprise has been given up" are replaced by the words "when the person who has furnished the guarantee, no longer is the. operator." c) The following paragraph 4 is added to Article 43: (4) Exceptions from paragraph (1), first sentence, may be made by regulation in regard to aircraft. which need not be registered and for whose take-off no permission is required. 11. a) In Article 46, first paragraph, first sentence, the words "thirty five thousand" are. replaced by the words "sixty seven thousand five hundred." b) In Article 46, paragraph 2, first sentence, the words "seventy German marks" are replaced by the words "sixty seven 50/100 German marks." c) In Article 46, paragraph 3. the words "one thousand four hundred" are replaced hr the words "one thousand t.hree hundred and fifty." 12. Article 48 is amended to read as follows: Article 48. (1). A claim for damages, regardless of its legal basis, may be made against the air freight carrier only under the conditions and subject to the limitations provided for in this sec.tion. However, when the damage has been cause.d inten- tionally or by gross negligence, of the air freight carrier or one of his employees in the performance of their duties, their liabil- ity under the provisions of general law shall not be. affected; in such case the limitations on liability provided for in this section shall not. apply. (2) The legal provisions according to which other persons are liable for the damages shall not be affected. However, the employees of the air freight carrier who have acted in perform- anc.e of their duties `shall only be liable within the limits of the amounts provided for in Article 46, except where they have acted intentionally or with gross negligence. PAGENO="0792" 782 AIR LAWS AND TREATIES OF THE WORLD (3) The entire sum payable as damages by the air freight carrier and his employees shall not exceed the limits of the amounts provided for in Article 46, except where there is greater liability in the case. of intent, or gross negligence. 13. a) Article 49, paragraph 1, is amended to read as follows: (1) When an air freight carrie.r operates an air carriage enter- prise. his liability according to Articles 44 to 48 may not by contract in advance be excluded or limited. This shall also apply to other air freight carriers who transport 1fl an aircraft passengers for pay or in connection with their profession or trade. b) The following paragraph 3 is added to Article 49: (3) Paragraph 1 shall not. apply to liability for damages caused by the nature of the goods transported or by an inherent. defect thereof. 14. After Article 49, the following Article 49a is added: Article 49a. (1) When a third person performs the air carriage, which an air freight carrier .has undertaken to per- form, in agreement with [such carrier], the third person shall be liable as air freight carrier for damages to the persons or goods transported. Fntil there. is proof to the contrary, it shall be presumed that the carriage has been performed with the agree- ment of the air freight carrier. (2) When the third person performs the air carriage only for part~ of the trip, he shall be liable only for damages caused during such part. of the carriage, unless there are special pro- visions or a°Teements to the contrary. When there is doubt whether the ~amage was caused during such part of the carriage, the respective third person shall have the burden of proof. (3) Acts and omissions of the third person and his employees acting in the performance of their duties shall be imputed to the air freight carrier. Acts and omissions of the air freight carrier and his employees acting in the performance of their duties shall be imputed to the~ third person except~ where they do not relate to the part of the carriage performed by the third person; however, the third person shall be liable for such acts and omissions in each case only within the limits of t.he amounts provided for in Arti- cle 46. An agreement to take on obligations not provided for in this section, a waiver of rights established in these provisions, as well as the declaration of the value of goods delivered in accord- ance with Article 46, paragraph 2, shall not be effective against the third person, except when he has agreed thereto. (4) Articles 48 and 49 shall apply accordingly. However, whether liability of the third person may be excluded or limited shall depend on whether the air freight carrier may exclude or limit his liability in accordance with Article 49, paragraph 1. 15. Article 51 is amended to read as follows: Article 51. `When the damages are caused during international air carriage. there shall apply the Warsaw Convention for the Fnification of Private Air Law of October 12, 1929 (RGB1. 1933, II, p. 1039) and the implementing law of December 15, 1933 (RGB1. I, p. 1079), the Hague Protocole of September 28, 1955, to amend the Warsaw Convention (BGB1. 1958, II, p. 292), and PAGENO="0793" AIR LAWS AND TREATIES OF THE WORLD 783 the further convention of Guadalajara of September 18, 1961, to amend the Warsaw Convention (BGB1. 1903, II, p. 1160), inso- far as these c~onventions are in effect in the Federal Republic of Germany and are applicable to air carriage. 16. a) In Article 56, paragraph `2, the following second sentence is added: In the case of Article 49a, an action against the third person may also be brought in the court of venue of the air freight car- rier and action against the. air freight carrier may be brought in the court. of venue of the third person. b) The following thirci paragraph is added to Article 56: (3) When any of the conventions specified in Article 51 applies to the air carriage, the venue shall be determined by such con- vention. III. C FlANGES IN PROVISIONS OF PART III 17. a) No. 11, in Article 58, first paragraph, is amended to read as follows: 11. Violates the written limitations on a permission granted in accordance with Article 2. paragraphs 6 and 7, Article 5, par. 1, and Article 25, ~ 1, or an authorization granted in accordance with Article 6, par. 1. Article 20, par. 1, At~ticles 21, 22. 24, par. 1, or Article 27, par. 3, or a liinitat ion in i~ccordance with Article 23a, when specific reference was made therein to the provisions of this law regarding lines. b) Iii No. 13 in Article 58, first paragraph, tile words `~before the coming into force of this law'~ are replaced by the words "before Jan- uary 10, 1959." c) The following paragraph 4 is added to Article 58 (4) WThe.n the pe1~on concerned without reservation, admits the unlawful act, it shall be permissible to proceed by submission (Piiterwerfuiigsverhandlung) in accordanc with Article 67 of the Law oh Fnlawful Acts of March 25, 1952 (B( ~B1. I., p. 177). Article ~. When the act causing the damages ill the sense of Articles 33 and 44 of the Law Concerning Air Navigation occurred before this law came into force, claims for damages must be brought in accord- ance with the prior provisions. Article S. The Law Concerning Air Navigation as amended by this law shall apply to the Land Berlin in accordance with Article 13, par. 1, of the third transitional law of January 4, 1952 (BGB1. I., p. 1). Regulations issued under the Law Concerning Air Navigation as amended by this law, shall apply to the Land Berliii in accordance with Article 14 of the third transitional law insofar as application to Berlin is not expressly excluded in such regulations. rfhle limita- tions oii air sovereignty in the Land Berlin shall not thereby he affected. Article 4. The Minister of Transportation shall have the power to promulgate the Law Concerning Air ~avigation in amended form audi to correct any errors in the wording. Article .5. This law shall come into force on the day following its publication. This law is hereby published. PAGENO="0794" PAGENO="0795" GHANA (CIVIL AVIATION ACT, 1958 i) ARRANGEMENT OF SECTIONS PART I. PRELIMINARY Sect ion 1. Short title and colillilellcelnelit. 2. Interpretation. PART II. REGULATION OF Civii. AVIATION AND AIR NAVIGATION .3. Power to give effort to the Chicago Convention. 4. Power to regulate air navigat loll. 5. Control of Civil Aviation lIt tune of war or emergency. 0. Power to prohibit flying over specified areas. 7. Dangerous flying. 8. Investigation of accidents. I~ART III. LICENsING OF Atu TRANSPORT SERVICES 9. Air Transport Licensing Authority. 10. Prohibition of unlicensed commercial tlyilig. ii. Powers of Licensing Authority. 12. Information :ms to air traiisport ulidertakiligs. PART IY. AERODROMES 13. Power to provide aerodronies. 14. Power to obtain rights over lalid. 15. Sanitary control of aerodromnes. 16. Power to exercise control over land. etc. it. Indication of presence of obst md ions llear :icriolr amos. 18. Power to stop up amid divert highways. 19. Power of entry for loiriloses of sur~.eys. 20. Notices. 21. Conveyances. 22. Trespassing on aerodromnes. PART V. LIARILITY FOR l)AMA(iE. NUIsANcE OR INJcRY RY AIRCRAFT 23. Liability of aircraft in respect of trespass. iiuisance and surface damage. 24. Nuisance caused by aircraft on aerodromiies. 25. Limitation of liability. 26. Compulsory third-party insurance. 27. Certificates of insurImilce or security. 28. Rights under policies. etc. 29. Offences in coniicctioll with policies. etc. 30. Power to give effect to Rome Conventinli. :31. Supplemental provisions. 32. Commencement of certain provisions of Part \. PART VI. MIscElLANEOUS 33. Application (If law (If wreck :111(1 salvage to aircraft. 34. Application to seaidanes of regulations as to vessels. :35. Exemption of aircraft from seiztlre on patent claims. 36. Recording amitl registration of births and deal Ils OR a rcraft. 37. Custody and disposal of lost tropert v. 1 Amend. Volume of the Acts of Ghana. 1958. p. 299. 785 PAGENO="0796" 786 AIR LAWS AND TREATIES OF THE WORLD PART VII. GENERAL 38. Orders and regulations. 39. Power to prescribe fees. 40. Extra-territorial effect. 41. Savings. 42. Offences and jurisdietjoii. 43. Repeals and savings. SCHEDULES First Schedule-provisions Relating to Orders Under Sections 14 and 16. Second Schedule--Limits of Liability. Third Schedule-pi~ovisions as to Policies of Insurance and Securities. Fourth Schedule-Patent (`lainis Against Aircraft Not Protected Under Chicago Convention. Fifth Schedule-Repeals GHANA No. 37 OF 1958. Ax ACT to provide for the regulation of civil aviation and air navigation: to authorise the establishment and maintenance of aerodromes; to define liability for damage or injury c.aused by aircraft; and to provide for purposes connected with the foregoing matters. [18th September 1958.] IT ENACTED by the Queen's Most Excellent. Majesty, by and with the advice and consent of the National Assembly of Ghana in this present Parliament assembled, and by the authority of the same as follows :- Short title 1. This Act may be cited as the Civil Aviation Act. and corn- mencernent. 19~ and shall come into force on 1st October, 1958. Interpreta- 2. (1) In this Act, except where the context otherwise tion. requires, the following expressions have the meanings hereby respectively assigiled to them, that is to say- "aerodrome" means any area of land or water de- signed, equipped, set apart or commonly used for affording facilities for the landing and departure of aircraft.: "air transport service" means a service for the car- riage by air of passengers, mails or other freight; "Chicago Convention" means the Convention on International Civil Aviation signed at Chicago on the seventh day of December, 1944 and to which Ghana has adhered by notification by the Governor- General dated the ninth day of May 1957; `highwav" means any road or path in use by the public for purposes of passage; ~`land" includes any estate or other interest in land and any easement "local authority" nieans a Municipal Council or a Local Government Council as defined respectively in the Municipal Councils Ordinance, 1953 and the Local Government ( )rclinance. or any enactment amending either of the said Ordinances "Merchant Shipping Code" means the Code as de- fined in and applied to Ghana by Part I of the Merchant Shipping (Transitory Provisions) Act, 1957; PAGENO="0797" AIR LAWS AND TREATIES OF THE WORLD 787 "Minister means the Minister responsil)le for conununicat ions; "purposes of civil aviation" includes all purposes connected with air navigation except purposes of de- fence.; "Rome Convention" means the Convention for the unificatioii of certain rules relating to damage caused by aircraft to third parties On tile surface signed in Rome on the twenty-ninth day of May, 1933 (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 carry- ing out of levelling operations on the land, and references to the maintenance of works or to interference with works shall be const rue.d accordingly. (3) For the avoidance of doubt it is hereby declared that in this Act the expression "loss or damage" includes in relation to pei~sons, loss of life and personal ilijury. (4) Any reference in this Act to goods or articles shall be construed as including a reference to mails or animals. (3) Any reference iii this Act to any country or terri- tory shall, unless the context otherwise requires, be con- strued as including a reference to the territorial w-aters, if any, adjacent to that country or territory. (6) References in this Act to any enactment shall, ex- cept in so far as the. context otherwise requires, 1)e taken as referring to that enactment as amended b or under any other enactment. PART 11. IiEGFLATION OF CIvIL AVIATION AND AIR N~~vIoA'rIoN 3. The Governor-General may be order make such pro Power to vision as appears to him to be requisite or expedient for ~v~eh?eet carrying out the Chicago Convention, any annex thereto Chicago relating to international standards and recommended Convention. practices (being an Annex adopted in accordance w-ith the Convention) and any amendment of the Convention or any such Annex made in accordance with the Conven- tion. 4. (1) The Governor-General may make regulations Power to to provide generally for securing the efficiency, regularity regulate air and safety of air navigation in Uhaima and for the safety navigation. of aircraft and persons an(1 P1~oPe1ty carriedi therein. (2) Without prejudice to the generality of subsection (1) of this section, any regulations made thereunder may contain such provisions as may appear to the Governor- General to be requisite or expedient for all OI~ any of the following purposes (a) as to the registration of aircraft in Ghana; (b) for the examination and testing of aircraft registered in Ghana and the issue of certificates of airworthiness for such aircraft PAGENO="0798" 788 AIR LAWS AND TREATIES OF THE WORLD (c) for prohibiting aircraft from flying unless certificates of airworthiness issued or validated un- cler the regulations are in force with respect to them and except upon compliance with such conditions as to maintenance or repair as may be specified by tile regulations; (d) for the licensing, inspection and regulation of aerodrornes, for access to aerodromes and places where aircraft have landed, and for prohibiting the use of unlicensed aerodromes; (e) for access to aircraft factories or premises where aircraft are undergoing repair for the pur- pose of inspecting work therein carried on in rela- tion to aircraft or parts thereof; (f) for prohibiting persons from engaging in or bing employed in or in connection with air naviga- tion in such capacities as may be specified in the regulations except in accordaiice with the provisiOnS in that behalf contained in the regulatioiis and for the licensing of persons employed at aerodroines or engaged in the inspection or supervising of aircraft; (g) as to the conditions under which and in par- engaged in the inspection or supervision of aircraft; entering or leaving Ghana may fly, and as to the conditions under which aircraft~ may fly froni one part of Ghana to another; (h) as to the conditions under which passengers and goods may be carried by air and under which aircraft may be used for other commercial, indus- trial or gainful Purl)oses, and for prohibiting the carriage by air of goods of such classes as may be specified in the regulations; (i) for ininilnising or pieventing interference ~vit1i the use of effectiveness of apparatus used in connection with air navigatioii and for prohibiting or regulating the use of such apparatus as aforesaid and the display of signs and lights liable to endanger aircraft; ~) for the detention of aircraft for tile purpose of carrymg out the provisions of this Act or of any orders or regulations made thereunder; (A) for requiring persons engaged in or employed in or in connection with air navigation to supply meteorological information for the purposes of air navigation; (7) for controlling the the making of signals and other communications by or to aircraft and persons carried therein (m) for regulating, or enabling the Minister to regulate, the charges that may be made for use of aerodromes and for services provided at such aero- dromes: PAGENO="0799" AIR LAWS AND TREATIES OF THE WORLD 789 (n) as to the manner an(l conditions of tile issue, validation, renewal, extension or variation of any certificate, licence, or other document required ~y such order or regulations ( illcluding the examina- tions and tests to be undergone) and as to the form, custody, production, cancellation, suspension, en - clorsement, and surrender of any such document. (3) Tile Governor-General may make orders- (a) for reguiating tile design and use of the civii air ensign and any other ensign which may be estab- iishecl for purposes of air navigation and (b) for declaring the constitution and po~vers of any body of persons which may be established for the purpose of advising the Minister on matters apper- taming to the design, construction, and maintenance of aircraft. (4) Any order or regulations made under this section in relation to aircraft may provide for the detention of aircraft to secure compliance with such order or regula- tions, as the case may be, and may make such further pro- vision as appears to tile Governor-General to he necessary or expedient for securing such detention. (5) Any order or regulations ma(le under this section may, for the purpose of securing compliance with the provisions thereof, provide for the impositioii of penalties not exceeding a fine of two hundred pounds or imprison- ment for any term not exceeding six months or both such fine and imprisonment. 5. (1) In time of war, whether actual or imminent, or C9ntrolpf of great national emergency, the Governor-General may i~~e by order regulate or prohibit, either absolutely or subject ~Y. to such conditions as may be contained in the oider, the navigation of all or any descriptions of aircraft over Ghana or any portion thereof and may by Order provide for taking possession of and using foi the purposes of the naval, military, or air forces of Ghana any aerodrome, or any aircraft, in Ghana, or anything found in or on any such aerodrorne or such aircraft, and for regulating or prohibiting the use of any aerodrome or any premises used in connect ion with aircraft or air navigation. (~) If any person contravenes or fails to comply with any povisions of an order made under this section, lie shall be liable on summary conviction to a fine not exceeding three hundred pounds or to imprisonment, for a term not. exceeding six months or to both such fine and imprison- inent. (3) Any person who suffers direct. inj uIy or loss owing to the operation of an order made under this section, shall be entitled to receive compensation from (the Governor- General ) from such pub] ic funds of Ghana as lie. may lawfully apply for the purpose, the amount thereof to be fixed, in default. of agreement. by an arbitrator to be PAGENO="0800" 790 AIR LAWS AND TREATIES OF THE WORLD agreed upon or failing agreement to be appointed by t.he (`hief Justice. 6. (1) The Minister may by order prohibit aircraft flying over from flying over such areas in Ghana as may be specified specified either in the order or by notice in the Gazette. (~) In any order made under subsection (1) of this section the ~\Iinister may include provisions for the tak- ing of such steps as may be specified in the order includ- big, subject to the prior approval of the Governor-Gen- eral, provisions for firing on aircraft. (3) If any person contravenes or fails to comply with any provisions of an order made under this section he shall be liable on summary conviction to a fine not ex- deeding three hundred pounds or to imprisonment for a term not exceeding six months or to both such fine and imprisonment. Dangerous 7. Where an aircraft is flown in such a manner as to be the cause of unnecessary danger to any person or prop- erty on land or water, the pilot or the person in charge of the aircraft, and also the owner thereof unless he proves to the satisfaction of the court that the aircraft was so flown without his actual fault or privity, shall be liable on summary conviction to a fine not exceeding two hun- dred pounds or to imprisonment for a term not exceed- ing six months or to both such fine and imprisonment. In this section the expression ~owner" in relation to an aircraft includes any person by w-hom the aircraft is hired at the time of the offence. Investiga- 8. (1) The Governor-General may make regulations accidents. providing for the investigation of any accident arising out of or in the course of air navigatioii and either oc- curring in or over Ghana or occurring elsewhere to air- craft registered in Ghana. (~) Regulations under this section may contain provi- sions- (a) requiring notice to be given of any such ac- cident as aforesaid in such manner and by such per- sons as may be specified; (b) applying, with or without~ modificatiomi, for the puipose of investigations held with respect to any such accidents any of the provisions of any law in force in Ghana relating to the investigation of deaths or accidents: (c) prohibiting, pending investigation, access to or interference with aircraft to which an accident has occurred, and authorising any person, so far as may be necessary for the purpose.s of the investiga- tion, to have, access to, examine, remove, take meas- ures for the preservation of. or otherw-ise deal with any such aircraft; PAGENO="0801" AIR LAWS AND TREATIES OF THE WORLD 791 (d) authorising or requiring the cancellation, suspension, endorsement or surrender of ally licence or certificate granted in Ghana, or the withdrawal or suspension of any validation conferred in Ghana of a licence granted by a duly competent authority elsewhere, where on an investigation it appears that the licence should be cancel led, suspended, endorsed or surrendered, or the validation withdrawn or sus- pended, as the case may be, and requiring the pro- (luct.ion of any such licence or certificate for tile pur- pose of being so dealt with: Provided that nothing in this section shall limit the powers of any authority under sections 530 to 537 of the Merchant Shipping Code, or any enactment amending those sections. (3) If any person cont.ravene.s or fails to comply with any regulations under this section, he shall be liable on summary conviction to a `fine not, exceeding fifty pounds or to imprisonment for a term not exceeding three months. PART III. LICENSING OF Am TRANSPORT SERVICES 9. (1) For the purposes of this Part of this Act there shall be a licensing authority to be called the Ghana Air Licensing Transport Licensing Authority (in this Part of this Act Authority. referred to as ~tlle Licensing Authority"). (2) `The Governor-General may by order provide for the constitution and procedure of tile Licensing Author- ity, which shall include at least two persons appearing to him to be persons who have had experience of aircraft or air transport: Provided that no person who operates or has or is a member of a company, corporation or other body of per- sons operating or having a financial interest in any busi- ness connected with an air transport service in Ghana shall be eligible for appointment as a member of the Licensing Authority. (3) In tile performance of their functions the Licemis- ing Authority shall have regard to the co-ordination and development of air services generally with the ol)ject of ensuring tile most effective service to tile public while avoiding uneconomical overlapping, and generally to the interest of tile public, including those of persons requir- ing or likely to require air transport, as well as those of persons providing such facilities. In particular the Authority in considering applica- tions for licences shall have regard to the following matters- (a) the existence of other air services in the area through which the proposed services are to be operated; 39-737-65-vol. 1-51 PAGENO="0802" 792 AIR LAWS AND TREATIES OF THE WORLD b) the possibilities of air transport in that area; (c) the degree of efficiency and regularity of the air services, if any, already provided in that area, whether by the applicant or other operators; (d) the. period for which such services have been operated by other operators; (e) the extent to which it is probable that. the applicant will be able to provide a satisfactor~ service; (f) the financial resources of the applicant; (g) the type of aircraft to be used on the service; and the Licensing Authority shall take into consideration any objections or representations duly made in accord- ance with any regulations made under section 11 of this Act. (4) Nothing in this section shall apply to any aircraft flown or used in Ghana under the provisions of section 1W 1) (b) ofthisAct. 10. (1) No person shall fly or use, or attempt to fly or use, any aircraft in Ghana for carrying passengers or goods for hire or reward, on any journey or classes of journeys whether beginning and ending at the. same 1)oilIt or at d~derent points except- (a) under the authority of and in accordance with the terms and conditions of a licence granted to the said person by the Licensing Authority; or (b) an aircraft which is registered and licensed in a State adhering to the Chicago Convention and which is flown or used in Ghana in pursuance of an agreement between the Government of such State and the Government of Ghana.. (2) If any person contravenes or fails to comply with the provisions of this section he shall be liable on sum- mary conviction to a fine not exceeding three hundred pounds or to imprisonment for a. term not exceeding six i!lont us, or to both such fine and imprisonment. (3) Nothing in this section shall derogate from the powers conferred upon the Governor-General by section 4 of this Act. 11. (1) The Governor-General may make regulations- (a) as to the circumstances in which the Licensing Authority may grant, refuse, revoke or suspend any licence; (b) as to the conditions which may be attached to any licence. (including conditions as to the fares, freight f1~j~ other charges to be charged by the holder of the licence) and for securing compliance with any such conditions; (e) as to the information to be furnished by an applicant for, or the holder of such a licence to the Licensing Authority, or such other authorities as may be spec ihe(i in the regulations; Prom hi tion of unh1cen-~~ commercial fly jug. Powers of Licensing Au tim ri ty. PAGENO="0803" AIR LAWS AND TREATIES OF THE WORLD 793 and such regulations ma.y make provision as respects dif- ferent classes of aircraft and different classes of licenc.es. 12. (1) The Governor-General may make regulations- ~f~or9at1on (a) requiring any person- transport (i) who carries on the business of carrying ~ passengers or goods in aircraft for hire or reward on such journeys or classes of jour- neys (whether beginning and ending at the same point or at (lifierent points) as may be specified in the regulations, or (ii) who is the holder of a licence in respect of a customs aerodrome. to furnish to such authorities as ma.y be specified in the regulations such iiifwi~iatioii relating to the use. of aircraft for the i~iirpose of his said business an(l to the persons employed in con- nection with that use, or, as the case may be, relating to the use of the aeiodromne and to the persons employed in aircraft arriving thereat or departing therefrom, as may be prescribed by the regulations; (b~ reqliirimuj the owner. or tile I~~t or other person in charge, of any aiicr~tfU arriving at, or (lepa rt i ng from, any customs aerodronie to furnish to the holder of the license in respect of that aero- drome such information as flay be necessary to en- able the holder of the said licence to comply with such of the provisions of the regulations as relate to him (c.) prescribing the times at. which, and the form and manner in which, any information required under the regulations is to be furnished: Provided that a person carrying on such a business as is mentioned in subparagraph (i) of paragraph (a) of this siib~ection shall not be required to furnish informa- tion relating to the use of aircraft on journeys wholly outside Ghana, or relating to persons exclusively em- ploveci outside Ghana, unless the person carrying on the business is a citizen of Ghana or a body corporate ilicor- porated under the law of Ghana. (2) Regulations under this section may l)rovide for imposing on any person who contravenes or fails to com- ply with any provision of the regulations such penalties (not exceeding a. fine of twenty pounds and a further fine of five pounds for every day on which the contravention or non-compliance continues after conviction therefor) as may he specified in the regulations. (3) No informat.ioii with respect to any particular undertaking which has been obtained by virtue of regula- ti~ons under this section shall, without the consent of the person carrying on that undertaking, be disclosed other- wise than in connection with the. execution of such regu- lations, and if any v~'~°" discloses any such infoiniation PAGENO="0804" 794 AIR LAWS AND TREATIES OF THE WORLD in contravention of this subsection, he shall be liable, on summary conviction, to a. fine not exceeding one hundred prnmds or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment. Nothing in this subsection shall apply to t.he disclosure of any information for the. purposes of any legal proceed- ings which may be taken by virtue of this subsection or of regulations made lmder this section, or for the purpose of any report. of any such proceedings, but., save as af ore- said, the. restriction imposed by this subsection shall, in relation to any legal proceedings (including arbitra- tions), extend so as to prohibit and prevent any person who is in possession of any such information so obtained fi~om disclosing, and from being required by any court or arbitrator to disclose, that information (whether as a witness or otherwise) except with the consent of the person carrying on the undertaking to which the infor- ma.t.ion relates. (4) In this section the expression "customs aerodrome" means an aerodrome for the time being appointed as a place of landing or departure of aircraft for the purposes of t.he enactments relating to customs. PART IV. AERODROMES Power to 13. (1) The Minister may establish and maintain aero- ~?~~mes dromes, and provide and maintain in connection there- with roads, approaches, apparatus, equipment, buildings and other accommodation. (2) The Governor-General, upon the recommendation of the Minister may, for the purpose of exercising any of the powers conferred by subsection (1) of this section, acquire land by agreement or in accordance with the provisions of the law in force in Ghana relating to the acquisition of land for public purposes. (3) For the avoidance of doubts it is hereby declared that one of the purposes for which the Governor-General may acquire land under this section is the purpose of securing that the land adjacent to the site of an aerodrome which the Minister has established, or is about to estab- lish, shall not bc used in such manner as to cause interfer- ence with, or danger or damage to, aircraft at, approach- ing or leaving the aerodrome. (4) In this section the expression "land" includes any right in or over land. P~~r to 14. (1) The Governor-General may, if the Minister is rights over satisfied that it is expedient so to do in order to secure land, the safe and efficient use for civil aviation purposes of any land which he has acquired or purposes to acquire, or in order to secure the provision 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, acquire rights in or in relation to land, including rights PAGENO="0805" AIR LAWS AND TREATIES OF THE WORLD 795 to carry out and maintain works on any land and to in- stall and maintain structures and apparatus on, under, over or cross any land. (2) Any such order may contain such provisions as appear to the Minister to be necessary or expedient for authorising persons to enter upon land for the purpose of carrying out, installing, maintaining or removing any works, structure or apparatus. (3) The ownership of anything shall not be affected by reason only that it is placed on or under or affixed to, any land in pursuance of any such order; and so long as any such order is in force no person shall, except with the consent of the i~1inister, wilfully interfere with any works carried out on any land in pursuance of the order, or with anything instal]ed on, under, over or across any land in pursuance of the order. (4) If any person contravenes the provisions of sub- section (3) of this section, he shall be liable on sum- mary conviction to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding three months or to both such fine and imprisonment; and every person who wilfully obstructs any person in the exercise of any power of entry conferred by an order under this section shall be liable on summary conviction to a fine not exceeding one hundred pounds: Provided that proceedings for an offence under this section shall not be instituted except by or with the con- sent of the Attorney-General. (5) The provisions of the First Schedule to this Act shall have effect with respect to orders under this section. 15. (1) Without prejudice to their general duties ~ under any Act or otherwise, it shall be the duty of the aerodromes. Minister of Health and the Minister to make such ar- rangements as they think necessary- (a) for preventing danger to public health from aircraft arriving at any aerodrome; and (b) for preventing the spread of infection by means of any aircraft leaving any aerodrome, so far as may be 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, after consultation with the Minister of Local Government, so requires, undertake duties in connection with the execution of any such arrangements as afore- said: and the Minister of Health shall pay to a local au- thority such expenses as are reasonably incurred by the authority in the performance of such duties. 16. (1) The Governor-General may, if he is satisfied Power to that it is necessary so to do in order to secure the safe and JI,!rCOD efficient use of any aerodrome or land intended to be ~a~d fn~hef used or acquired for use as an aerodrome, by order pub- a~ii~i~n.0 lished in the Gct~ette impose restrictions upon the use and PAGENO="0806" 796 AIR LAWS AND TREATIES OF THE WORLD enjoyment of any land specified in the order and require works to be carried out to give effect to such restrictions. (2) Any order made under subsection (1) of this section shall describe the land affected and describe the boundaries within which such restrictions are to be im- posed, and may imike provisions- (a) for prohibiting or restricting any use of the land \vliicll, in the opinion of the Minister, may cause interference with, or danger or damage to, aircraft; (h) for requiring the total or partial demolition of any building or structure within the area to which I he order relates; (~) 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; (d) for extinguishing any private right of way o'~~er lan(l within the area (e) for restricting the installation of cables, mains, pipes, wires or other apparatus upon, across, under or over any land within the area; (f) 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; (q) 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; (It) for specifying any other condition, not incon- sist.ent with the provisions of this section, which shall be complied with upon the land affected or any part thereof. (3) Any order made under this section shall refer to a large-scale plan deposited at some convenient place to be specified in the order for the information of aiiy per- son interested in any land affected by the order. (4) The provisions of the First Schedule to this Act shall have effect with respect to any order made under this section. (5) Any person who wilfully obstructs any other per- son in doing any of the acts authorised by any order made under this section or who refuses to comply with the terms of the order or any notice served under the order shall be liable on summary conviction to a fine not ex- ceeding one hundred pounds or to imprisonment for any term not exceeding six months or to both such fine and imprisonment. Indication of 17. (1) If the Minister is satisfied, with respect to any ~ building, structure or erection in the vicinity of an aero- aerodrome8 drome to which this section applies that, in order to avoid danger to aircraft flying in that vicinity in darkness or conditions of poor visibility, provicion ought to be made PAGENO="0807" AIR LAWS AND TREATIES OF THE WORLD 797 (whether by lighting or otherwise) for giving to such aircraft warning of the presence of that building, struc- ture or erection, he may by order authorise (subject. to any conditions specified in the order) the proprietor of the aerodroine, and any person acting under the propri- etor's instructions,- (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 (b) so far as may be necessary for exercising any of the powers conferred by the order to enter upon and pass 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 building, structure or erection if it appears to the Minister that there have been made, and are being car- ried out, satisfactory arrangements for the giving of such warning as aforesaid of the presence of the building, structure or erection. (2) The Minister shall, l)efore making any such order as aforesaid, cause to be published, in such manner as he thinks best for informing persons concerned, notice of the proposal to make the order and of the place where copies of the draft order may be obtained free of charge, and t.ake into considerat~oii any representations with respect to the order which may, within such period not being less than two months after the publication of the notice as may be specified therein, be made to him by any person appearing to him to have an interest in any land which w-oulcl be aflecteci by the order: and at the end of that period the order may, subject to the provisiolls of this section, be ijiade with such modifications (if aiiy) of the original draft as 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 re- lates has serve(l 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 particular of the nature of the proposed 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; arid (b) that if, within fourteen days after service of the said notice on any person having such an interest, the proprietor of the aerodrome receives a written intimation of objection on the part of that person to the proposals contaiiied in the notice, l)eing an PAGENO="0808" 798 AIR LAWS AND TREATIES OF THE WORLD 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 Min- ister; and shall also provide for requiring the proprietor of the aerodrome 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 consequence of the order as may, in default of agreement, be determined from time to time by a single arbitrator appointed by the Chief Justice; and, for the purposes of this subsection, any expense reasonably in- curred in connection with the lawful removal of any apparatus installed in pursuance of such an order, and so much of any expense incurred in connection with the repair, alteration, demolition or removal of any building, structure or erectrnn to which such an order relates as is attributable to the operation of the order, shall be deemed to be loss or 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 land in pursuance of such an order as aforesaid; and (subject to the provisions of the next following subsec- tion) so long as any such order in respect of an aero- droine 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 knowledge 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 convictior~, to a fine not exceeding one hundred pounds or to imprison- ment for a term not exceeding six months or to both such fine and such imprisonment; and every person who wil- fully obstructs a person in the exercise of any of the powers conferred by such an order as aforesaid shall be liable, on summary 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, alter- hig, demolishing or removing the building, structure or erection: Provided that- (a) notice of the doing of that work is given a.s soon as many be to the proprietor of the aero- drome: 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. PAGENO="0809" AIR LAWS AND TREATIES OF THE WORLD 799 (6) In this section- (a) the expression "aerodrome to which this sec- tion applies" means a Government aerodrome or any premises which, by virtue of any regulations made under section four of this Act, are for the time being licensed as an aerodrorne for public use: and (b) the expression "proprietor of the aerodrome" means, in relation to any premises used or appro- priated for use as an aerodronie, the person carrying on or entitled to carry on the business of an aero- drome in those premises or, in the case of a Govern- ment aerodrome, the officer in charge of the aero- drome. 18. (1) The Governor-General may, if the Minister is ~ satisfied that it is necessary so to do in order to secure the d1vert sale and efficient use for aviation purposes of any aero- drome or any premises approved by the Minister used for the testing of aircraft, by order authorise the stopping up or diversion of any highway. (2) An order under subsection (1) of this section may provide for all or any of the following matters, that is to say- (a) for securing the provision or improvement of any highway so far as the Governor-General thinks such provision or improvement necessary or desirable in consequence of any such stopping up or diversion as aforesaid; (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 speci- fying the authority which is to be the highway authority therefor; (c) 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 extin- guishment, modification or preservation of any rights as to the use or maintenance of that apparatus; (d) 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 orde.r, and for conferring rights as to the use or maintenance of apparatus so provided; (e) for requiring any specified authority or person 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. PAGENO="0810" 800 AIR LAWS AND TREATIES OF THE WORLD (3) An order under subsection (1) of this section may contain such consequential, incidental and supplemental provisions as appear to the Governor-General to be necessary or expedient for the purposes of the order. (4) Notice of any order made under subsection (1) of this section shall be- (a) 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) sent~ to every local authority in whose area any highway to be stopped up or diverted under the or- der or any highway to be provided or improved nfl- (her the order, is situate; and (c) served upon any water, gas or electricity un- dertakers having any cables, mains, pipes or wires laid along, across, under or over any highway to be stopped up or diverted under the order. (5) The Governor-General may, for the purpose of exercising any of the powers conferred by this section, acquire land by agreement or in accordance with the provisions of the law in force in Ghana relating to the acquisition of land for public purposes. 19. (1) Where the Governor-General has, under or in pursuance of this Part of this Act, made an order author- ising the acquisition of land or rights in, or in relation to. land or has under consideration the making of any such order, any officer authorised in writing by the Min- ister, and any person employed under the supervision of such officer, may at all reasonable times, on producing, if so required. evidence~ of his authority in that behalf, enter upon. survey and take levels of such land and mark out the boundaries of such land or any parts thereof. (~) No such officer or pe~~on shall by virtue of sub- section (1) of this section demand admission as of right to any land without giving the occupier at least twenty- four hours notice in writing or in the case of a building or an enclosed compound or garden attached to such building at least three days notice in writing of the intended entry. (3~ If any person obstructs a person so authorized 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. (4) Proceedings under this section for an offence shall not. be. instituted except. by or with the consent of the Attorney-General. (5) Where any land is damaged in the exercise of a i~o~vei of entry conferred in I)li1stla1~ce 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, such compensation shall be paid to the per- sons interested in tile land as may be just; and where any (hisl)ute arises as to whether compensation is payable PAGENO="0811" AIR LAWS AND TREATIES OF THE WORLD 801 under this subsection, or as to the amount of ally such corn- pensat ion, or as to the persons to whom it is payable, the dispute shall be referred to and determined under the law in force in Ghana relating to the acquisition of land for pul)lic PUrl)05eS. 20. (1) Any notice required to be served on any person Notices. for 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 regis- tered letter. (2) Any such notice required to be served upon an incorporated company or body shall be duly served if it is served on the secretary or clerk of the company or body. (~) For the purposes, of this section and of section thirty of the interpretation Act., 1937, 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 re~- istered or principal office o~ the company 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 fur- nished an address for service, his proper address for the purposes aforesaid shall be the address furnished. (4) If it. 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," "lessee" or "occupier" of the land (describing it) to which the notice relates, and by delivering it to sonie person on the premises, or, if there is no pei~on on the premises to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises. 21. Any conveyance of land, or a.ny instrument cre- Convey- ating or disposing of any right in or in relation to land for the purposes of this Part of this Act, shall be regis- tered in the Registry of Instruments affecting land within the period prescribed by law. 22. (1) If any person trespasses on any land forming espassing part of a Government aerodrome or an aerodrome aerodrome~. licensed by the Minister, he shall be liable on summary conviction to a fine not exceeding five pounds: Provided that no person shall be liable to any penalty under this section miless it is proved that, at. the material time, notices warning t.respassers of their liability under this section were posted so as to be readily seen and read by members of the public., in such positions on or near the boundary of the aerodrome as appear to time Court to be prope1~. PAGENO="0812" 802 AIR LAWS AND TREATIES OF THE WORLD PART V. LIABILnY FOR DAMAGE, NUISANCE OR INJURY BY AIRCRAFT LiabilIty of 23. (1) No action shall lie in respect of trespass or in respect J' respect by nuisance, by reason only of the flight of an fluis~anc~ and aircraft over any property at a height above the ground, surface which, having regard to wind, weather and all the cir- damage. cumstances of the ease is reasonable, or the ordinary in- cidents of such flight so long as the provisions of Part II and this Part. of this Act and any order made in pursu- anc.e of Part II or this Part of this Act are duly complied with. (2) Where material loss or damage is caused to any person 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, then unless the loss or damage was caused or contributed to by the negligence of the person by whom it was suffered, damages in re- spect 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 had been caused by the willful 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- (a) damages are recoverable in respect of the said loss or damage by virute only of the foregoing pro- visions 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 owners shall be entitled to he indemnified by that other person against any claim in respect of the said loss or damage. NuIsance 24. (1) An order under section four of this Act may ~1~f~fl provide for regulating the conditions under which noise aerodromes. and 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 rea- son only of the noise and vibration caused by aircraft on an aerodrome to which this subsection applies by virtue of an order under section four of this Act, as long as the provisions of any such order are duly complied with. LIn~itat1on 25. (1) Subject to the provisions of this Part of this Of liability. Act, where a person or his estate is liable to pay damages by reason of loss or damage which, after the commence- ment of this Act, is caused on any one occasion to person~ 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, PAGENO="0813" AIR LAWS AND TREATIES OF THE WORLD 803 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 Second Schedule to this Act; Provided 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 at- tributable to his wilful misconduct. or to wilful miscon- duct on the part of any of his servants or agents, unless (in a case where the loss or damage is attributable to wil- ful misconduct on the part of any of his servants or agents) it is proved that the loss or damage occurred with- out his actual fault or privity. (2) Any reference in this Act to the total limit of liability 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 subsec- tion, 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 ap- propriate to au aircraft shall be cons~t rued 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 air- craft, if that loss or damage were oniy loss of, or damage to, property. (3) Without prejudice to the operation of t.he 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 t.he happening of the event which was the cause of the loss or damage, he was not the owner of the aircraft con- cerned and was in, or in possession or control of, the air- craft 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 sec- tion, and several claims for damages are made or appre- hended 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 un- der 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 dis- tribute 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 in respect of, or damage PAGENO="0814" 804 AIR LAWS AND TREATIES OF THE WORLD 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 total limit of liability appropriate 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. (5) Where an application is made to the Court under the last foregoing subsection, the Court may stay any proceedings pending in any other Court in relation t.o 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 exclusion of claims whichi are not brought before the Court within a. certain time, a.nd for requiring security from the person by whom the application to the Court was made. (6) Nothing in this section or section 23 shall affect the operation of any contract. for the carriage of passen- gers or goods by air in so far as the contract provides for determining or limiting the liability of the carrier there- under. Compulsory 26. (1) Subject to the provisions of this section, a per- insur~nce.~ son shall not fly, or cause or permit any other person to fly, an aircraft., unless there is in force in relation to the flying of the 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 condi- tions specified t.herein, insures the owner of the air- craft against all liability which he may incur in respect of loss or damage caused to persons or prop- ert.y 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 aut.horised giver of securities, being a security which consists of an undertaking by the giver of the securit.y to make good. subject to any restrictions or conditions speci- fied therein, any failure by the owner of t.he 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 rela- tion to any claim made in respect of such loss or damage as aforesaid, unless it is proved that such a policy or se- curity as aforesaid was in force in relation to the flying of the aircraft concerned at the time of the happening of the. event which was the cause of the loss or damage PAGENO="0815" AIR LAWS AND TREATIES OF THE WORLD 805 giving rise to the claim, or, if the. c.laini is made against the person who at the 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 pe~'~on contravenes this sect ion, he shall be liable on sumniary conviction, to a fine not exceeding two lumdred pounds or to imprisonment for a term iiot cx- ceediiig six months or to both. (3) The, foregoing provisions of this section shall not apply to any aircraft if and so long us the owner thereof has (iel)osit ed, and keeps deposited, with the Accouiitaiit- General, for and on behalf of the Supreme Court of Ghana, an amount at. least equal to the total limit of ha- bilitv 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) In this section- (a.) the expression "autliorised insurer' ineuns any person or body of persons carrying on a marine, avi~it ion and transit. insurance business approved by the Minister for the purposes of this section; and (b) the expression "authorised giver of securities" means either an a.ut.horised insurer or a. body of per- sons approved by the Minister carrying on the giving of securities of the kind required by this Part. of this Act, and which has deposite.d and keeps deposited with the Accountant-General, for t.he purposes of this section, the sum of fifteen thousand pounds. 27. A policy of insurance or a security shall be of no Certificates effect for the purposes of the foregoing provisions of this of insure flee Part. of this Act, unless and until there. is delivered by the or security. insurer to the. person by whom the policy is effected, or by the giver of the security to the pel'son to whom it. is iven, a certiflcat.e 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 "cer- tificate of security," as the case may be. 28. The provisions of the Third Schedule to this Act Rights (being provisions which, subject. to certain adaptations, 1~?ILS, etc. modifications and exceptions, correspond with the provi- Cal). 229. sions of the Motor Vehicles (Third Party Insurance) Ordinance, referred to in the margin of the said Sclied- ule) shall have effect. in relation to policies of insurance securities and deposits required for the purposes of the foregoing provisions of this Part. of this Act. 29. (i) If any person, with intent. t.o obtain for him- Ofl'encesin self or any other person such a. policy of insurance or such ~~1~ectiou a security as is required by this Part of this Act, fails to policies, etc. disclose ~i fact which he knows t.o be a material fact, or PAGENO="0816" 806 AIR LAWS AND TREATIES OF THE WORLD makes a representation of fact which he knows to be false in a material particular, he shall be liable, on summary conviction, to a fine not exceeding one hundred pounds or to imprisonment for a term not exc.eeding six months or to both such fine, and imprisonment.. (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 a fine not exceeding two hundred pounds or to imprisonment for a. term not. exceeding six months or to both such fine, and imprisonment.. Power to 30. The Governor-General may, if it appears to him to ~v~~ct be necessary or expedient so to do for t.he purpose of giv- Convention. ing effect t.o the Rome Convention, make an order- (a.) directing- (i) that the provisions set out in the order shall, in relation to aircraft registered in any such country as may be specified in the order, have effect instead of the provisio1~S of this Part of this Act, save section 2-1: or (ii) that all or any of the said provisions shall, in relation to such aircraft as aforesaid, have effect subject to such modifications, adap- tat ions and exceptions as may be specified in the order: and (b) making such provision as appears to the Gov- ernor-General to be required for securing that an aircraft. registered in Ghana shall not leave Ghana on a flight to or over a.ny such country as aforesaid, unless there is on board the 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 Rome Convention is amended by any Con- vention or agreement to which the Government of Ghana is a party, subsection (1) of this section shall have effect as if any reference therein to the Rome Convention were a reference to the Rome Convention as so amended. Supple- 31. (1) In this Part of this Act- provi~iofls. "certificate of insurance" and "certificate of secu- rity" have the meanings assigned to them by section 2(3 of this Act; "material" in relation to any fact or particular means of such a nat.ure as to influence the judgment of a prudent insurer or giver of securities in deter- mining whether he will take the risk or provide security, and if so, at what premium or for what consideration, as the case may be, and subject to what restrictions and conditions; "policy of insurance" includes a covering note. PAGENO="0817" AIR LAWS AND TREATIES OF THE WORLD 807 (2) Where the aircraft concerned has been bona fide demised, let or hired out for any period exceeding four- teen 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 substituted references to the person to whom the aircraft has been so demised, let or ilireci out. 32. (1) The provisions of sections 25 to 31 of this Act Commence- shall not~ come into operation until such clay as the Gov- ~ ernor-General may by order appoint, and references in this Part of this Act to the appointed clay shall be con- strued as references to the beginning of the day so ap- P01 ntecl. (2) An order under this section shall be laid before Parliament for approval. PART \J, MISCELLANEoUS 33. (1) Any services rendered in assisting, or in saving A~pllca~Ion life from, or in saving the cargo or apparel of, an aircraft ire~i~nd in, on or 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 in all cases in which they would have been salvage services if they had been rendeiecl in rela- tion to a vessel ; and where salvage services are rendered by an aircraft to any property or person, the owner of the aircraft shall l)e entitled to the same reward for those services as he would have beeii 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 ale rendered elsewhere than within tl~e limits of the territorial waters adjacent to (-lìana. (2) The Governor-General may by order 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 (hlltv of rendering assistance to vessels in dist ress shall, with such exceptions. adaptations and modifica- tions, if any, as may be specified in the order, apply in relation to aircraft as those provisions apply in relation to vessels. (3) For the purposes of this section, any provisions of an Act which relate o vessels laid by r nierle~.t ed 15 unfit for sea service shall be deemed to be provisions relating to wreck, and the expression "Act" shah be (leellled to in- clude any local or special Act. 34. (1) The power of the Governor-General under Application subsection (1) of section 418 of the Merchant Shipping ~seaplanes Code to make regulations for tile prevention of cohiismons at sea shall be (leemed to extend to collisions- 39-737--4i5--vol. 1-52 PAGENO="0818" 808 AIR LAWS AND TREATIES OF THE WORLD (7) between seaplanes on the surface of the water, and (7)) between vessels and seaplanes on the surface of the water: and e(('()rdlllglv the said section 011(1 sections 419, 421 and 421 of the Merchant ~liipping Code shall apply in rela- tion to seapialles on the surface of the water as they apply to ships. ~2) Any enactment wh~c1i confers or imposes on a liar- l)our authority any power or duty to make bvelaws for the regulation of ships OI vessels ~liiill i)e construed as if the power or dut so conferred or imposed included a power or duty. subject to the prior approval of the Min- ister, to make bvelaws for the regulation of seapianes when on the surface of the water, and also a power to in- clude in the byelaws provisions authorising the harbour master or other officer of the ant horitv to exercise, as regar(h~ seaplanes on the surface of the water, all or any of the functions which lie is authorized by the enactment in question to exerci~e as respects shjps or vessels: Provided that hveiaws macIc by virtue of this subsec- tion 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 tIle structure or equipment of a seaplane. (3) For the purposes of this section- (a) the expression "harbour authority" includes all l)ersohis or bodies of persons, corporate or unin- corporate. entrusted with the duty of managing, regulating or maintaining a harbour: 7)) the expression "seaplane" includes a flying boat and any other aircraft designed to manoeuvre on the water; (c) the expression "ship" includes every clescrip- tion of vessel used in navigation not propelled by oars; (d) the expression "vessel" includes any ship or boat. or any other description of vesse.l used in navigation: (e~ seaplanes taking off from, or alighting on, the water shall be. deemed to be on the surface of the water while in contact therewith; (f) sections 41~, 419, 421 and 424 of the Merchant Shipping Code shall be deemed to be. the only pro- visions of Part V of the said Code relating to the collision regulations or to collisions; and (g) any reference in the said section 418 to the master or person in charge of the deck shall be con- strued as a reference to the pilot or other person on duty in charge of the seaplane. PAGENO="0819" AIR LAWS AND TREATIES OF THE WORLD 809 35. (1) Any lawful entry into Ghana or any lawful transit across Ghana, with or without lancinigs, of an from seizure aircraft to which this section applies shall not entail any seizure or detention of the aircraft or any proceedings being brought against the owner or operator thereof or any other interference therewith Lv or on behalf of iniv person in Ghana, on the ground that the construct ion, 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 Ghana 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 inter- ference with the aircraft by or on behalf of any person in Ghana 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 rela- tion to any spare parts or spare equipment which are sold or distributed in Ghana or are exported from Ghana for sale or distribution. (3) This section applies- (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 the Governor-General by order, with a view to the fulfillment of the provisions of the Chicago Conven- tion to which this section relates, that the benefits of those provisions apply to that country or territory, and (b) to such other aircraft as the Governor-Gen- eral may by order specify. (4) The provisions of the Fourth 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. 36. (1) The Governor-General may by regulations ~0rthng provide for the recording and registration of births and ~~a0flfld deaths occurring in any part of the world on aircraft reg- l~atas on istered in Ghana. and of the death outside Ghana of any aircraft. person who being a traveller on such an aircraft is kihle~l on the journey in consequence of an accident. (2) Regulations made nuder subsection (1) of this section may provide for all or any of the following mat- ters, that is to say- (a) for requiring such persons as may be specified in the Regulations to make returns to the Minister and to such other authorities as may be so specified; PAGENO="0820" 810 AIR LAWS AND TREATIES OF THE WORLD (b) for the keeping in the Department of the Min- ister of a record of any returns made under para- graph (i) of this subsection; (e) for the transmission to the Registrar-General of certified copies of such returns and records as aforesaid; d) for the keeping by the Registrar-General of an Air Register Book of Births and Deaths; (e) for the keeping in the Department of the Min- ister of a record of persons reported to him as miss- big, being persons with respect to whom they are reasonable grounds for believing that they have died in consequence of an accident to an aircraft registered in Ghana (1) for the rectification of any such records. (3) If any person contravenes or fails to comply with the provisions of an regulations nmcle under this section, lie shall he liable on summary conviction to a fine not exr~eedin~twentv pounds. di~itl 37. (1) The Governor-General may by regulations make niovi on t(o Se(11 Fifl~ tile s~I fe custody and re- property. `. (iellVeiV 0± a~ IV 1)I0Pe1tV \Vliici, wlA ~ie not rn ploper cus- todv. is found on any plelnises belonging to him or under his control, or on any premises occupied by any person or corporation operating an air transport service 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 (h) provi(le for aut horising the disposal of any such property if it is not re-delivered before the ex- piration of such period as may be specified in the regulations. PART VII. GENERAL Orders and 38. (1) Any orders or regulations made by the Gov- regulations. ernor-General or the Minister under any of the enact- ments in this Act may contain such consequential, incidental and supplemental provisions as appear to the Governor-General or the Minister, as the case may be, to be necessary or expedient for the purposes of such order or regulations. (2) Any reference in this Act to any order or regula- tions shall include a reference to any directions given under any such order or regulations. Power to 39. The Minister may, with the consent of the Minister prescribe fees. of Finance, by notice in the. Ga2ette prescribe the fees to be paid in respect of the issue, validation, renewal, ex- tension or variation of any certificate, licence, or other document or the undergoing of any examination or test required by any order or regulations made under this Act, and in respect of any other matters in respect PAGENO="0821" AIR LAWS AND TREATIES OF THE WORLD 811 of which it appears to the Minister expedient for the purpose of the order or regulations to charge fees. 40. Notwithstanding that an order or a regulation ~e~rla1 made by virtue of any enactment in this Act, by the effect Governor-General or the Minister, as the case may be, has effect only as part of the law- of Ghana, no provision contained in the order or regulation shall, on the ground that it would have extra-territorial operation, be deemed to be mvalid in so far as it applies to aircraft registered in Ghana, wherever they may be, or prohibits, requires, or regulates the doing of anything by persons in, or by the personnel of, such aircraft as aforesaid, w-herever they may be. For the purposes of this subsection the personnel of an aircraft shall be deemed to include the commander or other person in charge of the aircraft. aiid all other mem- bers of the crew of the aircraft. Savings. 41. (1) Nothing 111 this Act shall apply to aircraft belonging to or exclusively employed iii the service of the Government of Ghana: Provided that the Governor-General may by order apply to any such aircraft or in connection with such air- craft to any aerodrome, land or premises, any of the said enactments or any orders or regulations made thereunder. (2) Nothing in, or in any instrument made under this Act shall prejudice or affect the rights, powers and privi- leges of any general or local lighthouse authority. 42. (1) Any offence whatever committed on an air- and craft registered in Ghana shall, for the purpose of confer- jurisdiction. ring jurisdiction, be deemed to have been committed in any place where the offender may for the time being be. (2) Where any offence under any enactment in this Act has been committed by a body corporate. every per- son who at. the time of the commission of the offence was a director, general manager, secretary or other similar officer of the body corporate, or was purporting to act in any such capacity, shall he 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 circum- stances. In this subsection the expression "director" includes any person occupying the position of director, by what- ever name called. (3) The Governor-General may b order make PF0 vision as to the courts in which proceedings may be taken for enforein~ any claim in respect of aircraft. 43. (1) The enactments set out in the Fifth Schedule ~ to this Act are hereby repealed so far as they apply to PAGENO="0822" 812 AIR LAWS AXD TREATiES OF THE WORLD Ghana, to the extent specified in the third column of that Schedule Provided that, without prejudice to the provisions of the Interpretation Act, 195T, this subsection shall have effect subject to the following provisions of this section. (~) The repeal of the subsidiary enactments specified in the said Schedule shall have effect from such date as the. Governor-General may by order appoint. (3) Nothing in this repeal shall affect the terms and conditions on and subject to which any person held office or se.rved before the commencement of this Act. (4) Any document referring to any Ordinance or enactment repealed by this Act shall be construed as re- ferring to this Act or the corresponding enactment in this Act. Fi~rst Schedule PRovIsIoNs RELATING TO ORDERS UNDER SECTIONS 14 AND 16 Interpreta- 1. In this Schedule, except where the context otherwise tion. requires, the expression "Order" means on Order made under section 14 or section 16 of this Act. Noticeof 2. (1) Notice of the substance of an Order shall be order, posted on the land affected, and at the Magistrate's Court in the district in which the land is situated. (2) A copy of the Order shall be served personally on the person interested in the land affected or, if he can- not. be found, shall be left at his last usual place of abode or business with sonic inmate thereof to be given to such pei'son amid in case he. cannot l)e ascertained shall be left with the occupier of such land, or if there be no occupier shall be affixed on some conspicuous part of the land. A copy of such Order shall also be served on the Chief in whose area. of authority the land is situated. Entry on 3. (1) As soon as an Order has been published in the land Gi.rcttc and a copy thereof has been served as provided in paragraph 1 of this Schedule, any officer aut.horised by the Minister in that behalf and any person employed unde.r the supervision of such officer may- (a) enter upon, survey and take levels of the land in question and (b) do all other acts necessary for the completion of such ~urvev and for the purpose, of marking out the boundaries of SUCh iand or any I)alts thereof. (2) No such officer or person shall enter into any build- ing or upon any enclosed compound or garden attached to such l)uildiillg unless with time, consent of the occupier, without previously giving such occupier at least. three days' notice in writing of his intention to do so. PAGENO="0823" AIR LAWS AXD TREATIES OF THE WORLD 813 4. As soon as an Order has been published in the Ga2ette and a copy thereof has been served as provided tie work. in paragraph 1 of this Schedule, any officer authorised by the Minister in that behalf and any person employed under his supervision may enter 111)0~ the laud atlecteci and do all such acts as may be necessary to carry out tile provisions of the Order: Provided that in respect to an Order under section 16 of this Act this power shall not be exercised until after the owner or occupier of the land has been given a rea- sonable opportunity of complying with tile restrictions specified in tile Order, and has omitted to do so, unless the Minister certifies that its immediate exercise is necessary. 5. Except as provided in this Schedule no person shall RestrIction be entitled to claim, and 110 action or proceeding shall be ~t1on brought against the Government to recover any compen- Government. sation in respect of any lands or any interest Iherein or any property thereon which have been damaged or other- wise injuriously affected by the acquisition of any rights under or in compliance with or the enforcement of the provisions of an Order. 6. There shall be a right of compensation under this Compensa. Schedule in respect of lion. (a) any 1)uildillg, crops, timber or other pmopeity removed, altered or damaged, and (7) an land or interest in land otherwise injuri- ously affected, by or in consequence of tile acquisition of ally rights under or compliance with or tile enforcement of tile pro- ViSions of an Order: Provided that no compensation shall be recoverable in respect of the imposition of restrictions on the use of land unless it can be shown that such restrictions have resulted or will result ill pecuniary loss. 7. (1) Subject to tile provisions of flus paragraph, no ~opee of person shall be entitled to compensation uhldle.r this Sclied- ule unless he has given notice of his claim within three months from the date of tile service of notice under paragraph 2. (2) Such claim shall be suhimtted to tile Commis- sioner of Lands, giving particulars of the damage claimed to be caused, or likely to be caused, and showing, as tile case may require, whether tile claim is made in respect of a partial interference with, or the entire loss of any right. (3) The period of three months prescribed by sill)- paragraph (1) ma be extended at the discretion of the Minister if it can be shown that the claimant could not have known from the inspection of the plan referred to in the Orde.r that tile injurious effects complained of would be likely to occur. PAGENO="0824" 814 AIR LAWS AND TREATIES OF THE WORLD toma- 8. If any person who has lodged a claim in accordance tion. with paragraph 7 and the Minister are unable to agree as to the amount of compensation to be paid or if con- flicting claims are made, the matter in dispute shall be determined wader the law in force in Ghana relating to the acquisition of land for public purposes. Dec1~on in 9. Where any person upon whom a summons has been served shall not appear at the time appoiiited, a decision ma be givell ex pal'te upon hearing the evidence ad- duced; and such decision shall be as effectual as if given after hearing in the presence of such persoii. 10. (1) The written report of a valuer of the Lands Department as to the extent to which any lands, build- ings, crops or other property have been or are likely to be damaged or otherwise injuriously affected under the provisions of an Order shall be~ evidence thereof without further proof. A copy of any such report shall be served U1)O~ the c1aimant~ at least seven days before the day fixed for hearing of the summons. (~) Such officer may on giving three days' notice in writing to time occupier enter upon any such lands or into any buildings thereon for the purpose of ascertaining the value of such lands and the buildings, trees and crops thereon. Second Schedule LIMITs OF LIABILITY Addition to 1. The limits of liability under subsection (1) of see- ~g~ey~r tion 2.5 of this Act in respect. of such loss or damage as is mentioned in that subsection shall, in the case of an air- craft of any such description as is mentioned in the first column of the following Table, be an amount to be ascer- tained, in relation to that description of aircraft, by reference to the second column of the said Table. Descriptioi~ of Aircraft Limit of Liability (a) Airships £25,000. (b) Balloons (whether fixed or free) £5,000. (c) Gliders £2,000, so, however, that not more than £1,000 shall be payable in respect of loss of, or damage to property. (4) Other aircraft- (i) if the weight of the £10,000. so, however, that not aircraft fully loaded more than £5,000 shall be does not exceed 5,000 payable in respect of loss pounds. of. or damage to, property. (ii) if the weight of the £10,000, so, however, that, in aircraft fully loaded respect of loss of. or dam- exceeds 5,000 pounds age to, property, there shall but does not exceed not he payable more than 10,000 pounds. £1 for each pound of the weight of the aircraft fully loaded. PAGENO="0825" AIR LAWS AND TREATIES OF THE WORLD 815 Descriptioa of Aircraft Limit of Liability (d) other aircraft-Con. (iii) if the weight of the air- £1 for each pound of the weight craft fully loaded ex- of the aircraft fully loaded. ceeds 10,000 pounds but does not exceed 25,000 pounds. (iv) if the weight of the air- £25,000. craft fully loaded ex-- ceeds 25,000 iounds. 2. References in the foregoing Table to pounds of of weight shall be construed as references to pounds avoirdupois; and the Minister may by regulations pre- scribe 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 pur- ports to show the weight of the aircraft fully loaded, shall be evidence of that weight. Third Schedule PROviSIONS AS TO PoLIcrIs OF INSURANCE AND SECURITIES 1. Where a certificate of insurance has been delivered Avoidance of in connection with a policy of insurance, so much of the ~ policy as purports to restrict, or attach conditions to, the ~P* 229, insurance of any person insured thereby shall, subject to the provisions of this paragraph, be of no effect as re- spect.s any such liability as is required to be covered by a policy under Part V o~ 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. (1) If aft.er a certificate of insurance has been de- Dutyof livered to the person by whom a. policy has been effected ~~i~rs to judgment in respect of any such liability as is required ~~nts to be covered by a policy under Part V of this Act, being insured a liability covered by the terms of the policy, is obtained ~ against any person insured by the policy then, not.with- s.IO~ standing that the insurer may be entitled to avoid or cancel or may have avoided or cancelled the policy, the insurer shall, subject to t.he provisions of t.his paragraph, pay to the persons entitled to the benefit of such judgment any sum payable thereunder in respect of the liability including any sum payable in respect of costs and any sums payable by virtue of any written law in respect of interest on that sum or judgment. PAGENO="0826" 816 AIR LAWS AND TREATIES OF THE WORLD (~) No sum shall be payable by an insurer under the provisions of paragraph (1) (a) in respect of any judgment unless before or within fourteen days after the commencement of the proceedings in which the judgment was given the insurer had notice of the bringing of the proceed- ings : or (b) in respect of any judgment so long as execu- tion thereon is staved pending an appeal ; or (e) in connection with any liability if before the happening of the event, which was the cause of the death or bodily injury giving rise to the liability, the policy was cancelled by mutual consent or by virtue, of any provision contained therein and either- (i) before the happening of such event the certificate of insurance was surrendered to the insurer, or the pelson to whom the certificate of insurance was delivered made a statutory dec- l~irat ion stating that the certificate of insurance had been lost or destroyed and so could not be surrendered: or (ii) after the happening of such event but before the expiration of fourteen days from the taking effect of the cancellation of the policy the certificate of insurance was surrendered to the insurer, or the pelson to whom the certificate of insurance was delivered made a statutory declaration that the certiRcate of insurance had beeii lost or destroyed and so could not be sur- rendered : or (`iii) either before or after the happening of the event or within a period of fourteen days from the taking effect of the cancellation of the policy the insurer had comnienced proceed- ings under Part V of this Act in respect of the failure to surrender the certificate of insurance. (9) No sum shall be payable by an insurer under the provisions of this paragraph if in an action commenced before or within three months after the commencement of the nroeeeclings 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 a material paiticular or if he has avoided the policy on the ground that he was entitled to do so apart from any provision contained in it: Proviso. Provided that. an insurer who has obtained such a declaration iii an action shall not thereby be entitled to the benefit. of the provisions of this paragraph in respect of any judgment obtained in any proceedings commenced before the commencement of that action unless before or PAGENO="0827" AIR LAWS AND TREATIES OF THE WORLD 817 ~within seven days after the commencement of that action he has given notice thereof to the person who is plaintiff in the action under the policy specifying the non-dis- closure or false representation on wh~c.h lie pioposes to rely and that he intends to seek a (leciaration, and any person to wlioni notice of such action is given may, if lie desires, be made a party thereto. (4) If the amount which an insurer under the provi- sions of il~is section becomes liable to ~ in respect of the liability of a. pe~~oii insured by a 1)olicy exceeds the amount for which lie would, apart from the provisions of this paragraph, be liable to pay under the policy in respect. of that liability lie shall be entitled to recover the excess from that pe~~oi1. (5) In this paragraph- "liability covered by the terms of the policy" meaiis a liability which is covered by the policy or which would be so covered were it not that the in- surer is entitled to avoid or cancel or has avoided or cancelled the policy; and "material'' meaiis of such a nature as to influence the judgment of a prudent, insurer in determining whether he. will accept the risk and if so, at what premium and on what conditions. 3. (1) W~here under a policy issued for the purposes of Part V of this Act a peisoii, hereinafter referred to against as the insurer, is insured against liabilities to third parties which lie may incur, then- s.11. (a) in the event of the insured becoming bank- rupt. or making a composition or arrangement. with his creditors; or b) in the event of the iiisured being a. company and a winding-up order being iiiade or a resolution for the voluntary winding-up of the company being l)assed in respect, of the company or a receiver or manager of the company's business or undertaking being duly appolnte(l or in the event of possession being taken b or on behalf of the. holders of any debentures secured by a floating charge, of any prop- erty comprised in or subject to the charge, if either before or after either event any such hial)ihity is incurred by the insured his rights against the insurer under the policy in respect. of that liability shall, not- withstanding anything in any written law to the contrary contained, i)e transferred to and vest in the third ~aI'ty to whom the liability was so incurred. (~) W~here under the provisions of any law an order is made for the administration in bankruptcy of the. estate of a deceased debtor tiieii if any dei)t, which may be proved in bankruptcy, is owing by the deceased in respect of a. liability against which lie was insured under a policy issued for the purposes of Part V of this Act. as being a liability to a third party then the rights of the deceased PAGENO="0828" 818 AIR LAWS AND TREATiES OF THE WORLD debt.or against the insurer under that policy shall, not- withstanding anything in any law to the contrary con- tained, be transferred to and vest in the person to whom the debt is owino. (3) Any con~tion in a policy issued for the purposes of Part V of this Act purporting directly or indirectly tp avoid the policy or to alter the rights of the parties there- under upon the happening of any the events specified m subsections (1) and (2) shall be of no effect. (4) Upon a. transfer of rights under subsection (1) or subsection (2) the insurer shall, subject to the provisions of subparagraph (6) of this paragraph be under the same liability to the third party as he would have been under to the insured save that- (a) if the liability of the insurer t.o the insured exceeds the liability of t.he insured to the third party nothing in Part V of this Act shall affect. the right of the. insured against the insurer in respect of such excess; and (b) if the. liability of the insurer to the insured is less than the. liability of the insured to the third party nothing in Part V ~f t.his Act shall affect the rights of the. third party against t.he insured in respect of the. balance. (5) The. provisions of this paragraph and of para- graph 4 shall not apply- (i) where a company is wound up voluntarily merely for the purposes of reconstruction or of amalgamation with another company; or (b) to any case to which the provisions of se.ction 26 of the Workmen's Compensation Ordinance ap- plies. ~az. 94 (6) No agreement made between the insurer and the insured after hiabilit.y has been incurred to a third party and after the. commencement. of the bankruptcy or the winding-up, as the case may be, nor any waiver, assign- ment., or other disposition made by or payment made to the insured after such commencement shall be effective to defeat or affect the rights transferred to or vested in the third party under the. provisions of this Act and such rights shall be the same as if no such agreement., waiver, assignment, disposition or payment had been made. (7) For the purpose.s of this paragraph and ~f para- graph 4 the expression "liabilities to third parties" in relation to a person insured under a policy of insurance shall not hic1ud~ any ~abili~y of t'iiat pet~on in the ca- pacity of insurer under some other policy of insurance. ny to 4. (1) Any person against whom a claim is made in information respect of any liability required to be covered by a policy unde.r the provisions of Part V of this Act shall on Ca~ 229, demand b or on behalf of the person making such claim state whether or not he was insured in respect of that ~i~bi1itv by mi' pôhcy having effect for the purposes of Part. V of this Act or would have been so insured if th~ PAGENO="0829" AIR LAWS AND TREATIES OF THE WORLD 819 insurer had not cancelled or avoided the policy and, if he were or would have been so insured, give such particu- lars with regard to that policy as were specified in the certificate of insurance issued to him in respect thereof. (2) In the event of any person becoming bankrupt or making a composition or arrangement with his creditors, or in the event of an order being made under the pro- visions of any law relating t.o bankruptcy in respect of the estate of any person, or in the case of a winding-up order being made or a resolution for a voluntary wind- ing-up being passed with respect to any company or of a receiver or manager of the company's business or under- t.aking being duly appointed or of possession being taken, by or on behalf of the holders of any debentures secured by a floating charge, of any property comprised in or subject to the charge, it shall be the duty of the bankrupt debtor, personal representative of the deceased debtor and, as the case may be, of the official assignee, trustee, liquidator, receiver, manager or person in possession of the property to give at the request of any person claiming in respect of a liability to him such information as may reasonably be required to ascertain whether any rights have been transferred to and vested in him under the provisions of Part V of this Act, and for the purpose of enforcing such rights, and any contract of insurance in so far a.s it purports either directly or indirectly to avoid the contract or to alter the rights of the parties there- under upon t.he giving of any such information or other- wise to prohibit, prevent or limit the giving of such in- formation shall be of no effect. (3) If the information given to any person in pursu- ance of the provisions of this paragraph discloses reason- able grounds of belief that rights have or may have been transferred to him under the provisions of this Part of this Act against any particular insurer that insurer shall be subject to the same duty as is imposed by this para- `graph on the persons therein mentioned. (4) The duty imposed by this paragraph to give in- formation shall include a duty to allow all contracts of insurance, receipts for premiums and other relevant docu- ments in the possession, power or control of the persons on whom the duty isso imposed to be inspected and copies thereof to be taken. (4) Any person who, without reasonable excuse, the onus of proving which shall be upon him, fails to comply ivith the provisions of this section or who wilfully or negligently makes any false or misleading statement in reply to a demand for information, shall be guilty of au `offence under Part V of this Act imd shall be liable on summary conviction to a fine not e.xceeding fifty pounds. 5. Where a certificate of insurance has been delivered Duty to surrender under the provisions of Part V of this Act to the person certificates on by whom a policy has been effected and the policy is can- celled `by mutual consent or by virtue of any provision in Ca~ 229, PAGENO="0830" 820 AIR LAWS AND TREATIES OF THE WORLD the p011ev, the person to whom such certificate was de- livered shall, within seven days from the taking effect. of the c.aiicellation of such policy, surrender such certificate to the insurer or if such certificate has been lost or de- st royed make a statutory declaration to that effect and any person contravening the provisions of this section shall be guilty of an offence under Part V of this Act and shall be liable on summary conviction to a fine not ex- ceeding fifty pounds. Deposits. 6. No part of any sum which, for the purpose of any provision of this Act, has been deposited by any person with the Accountant-General shall, so long as any liabili- ties incurred by that person, being such liabilities as are required to be covered by a policy of insurance under Part V of this Act, have, not. been discharged or other- wise provided for, be applicable in discharge of any other liabilities incurred by him. Power to 7. (1) The Minister may make regulations- ~i~ation~. ~c) for ~)rescribing the forms of certificates of in- surance and certificates of security to be used for the purposes of Part V of this Act, and the paiticulars to be corn ained in such ceri ificates; (5) 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 certificate.s which are lost or destroyed, and as to the keeping of rec- ords and documents and the furnishing of particu- lars, and the giving of information with respect thereto, to the Minister or a chief officer of police; (c) as to the carrying of documents in aircraft, and as to the production of such documents on de- rnan(l to such persons as may be specified in the reg- ulations: (d) generally for carrying into effect the said pro- visions of Part V of this Act. (2) If any person contravenes or fails to comply with any regulations made by the Minister under this para- graph. that person shall be liable on summary conviction to such fine, not exceeding fifty pounds, as may be pre- scribed by the regulations. (3) Any regulations made by the Minister under this paragraph shall be subject to the approval of Parlia- Definition of ment. bankruptcy. 8. For the purposes of this Schedule the expression "bankruptcy" includes insolvency. Fourth Schedule PATENT CLAIMs AGAINST AIRcnAi~r NOT PROTECTED Sectin 53 LNDER CHICAGO CONVENTION 1. Where it is alleged by any person interested that a foreign aircraft, which is not an aircraft to which see- PAGENO="0831" AIR LAWS AND TREATIES OF THE WORLD 821 tion thirty-five of this Act applies, and which is making a ~s~ge through or over Ghana, infringes in itself or in any part of it any invention, design or model which is ent itle(l to protection in Ghana, it shall be lawful, sub- ject to and in accordance with rules of court, to 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 there- upon the aircraft shall not, (luring the continuance or in the course of the passage be subject to any Isen, arrest. detention or prohibition, whether I)y order of a court or otherwise, 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 authorized on his behalf, and p~lyme1mt thereof shall be made or secured to him in such manner as he shall aI)Prove. 3. The deposited sum shall be dealt with by such tri- bunal and in accordance with such procedure as may be prescril)ed by rules of `ourt, and such rules may provide generally for carrying this Schedule into effect. 4. For the purposes of this Schedule, the expression "owner" shall iiwlude the actual owner of an aircraft, and any pe~on claiming hrough or under him, and the expression "passage" shall include all reasonable lan(l- ings an(l stoppages in the course or for the purpose of the passage. Fifth Schedule REPEALS Number Short Title Extent of Repeal Cap. 232 L N. 166 of 1953 L.N. 170 of 1953 L.N. 280 of 1953 L.N. 260 of 1995 No.5of1937~ (TN. No. 72 of 1946~ G.N.No.Gl'Tof 1947 OR DIN A N CE The 5 ir Navicetton (Safety of I The xvhole Ordinance. Navication) Ordinance. OR I) ER S-IN-C 0T'N C IL Tie Cotorial Civil Aviation (Ap- The whole Order. ptiCatiOfl of Act) Order, P52. The Colonial Civil Aviation A p- The whole Order. ntication of Act) Amendment Order, 1953. The Colonial Air Navigation The whole Order. (Customs Airports) Order. The Coto'ini Air Navigation The xvtiole Order. Order. 1955. MIS CE LLA NE 01.' S Tie' Aircraft (Accident) Regu- lotion-n The Air Navigation Directions_~ ~°br' ,\ir Services Notice The Airereft (Wreete and Salvage) Regulations. The whole Regulations. The whole Directions. The whole Not ice. The whole Regulations. PAGENO="0832" PAGENO="0833" GREECE LAW No. 5017 CONCERNING AIR NAVIGATION 1 (Effective June 13, 1931) CHAPTER I. DEFINITIONS Article 1. In the sense of this law there shall be deemed: 1.) Aircraft.: any device capable of supporting itself in the air- space by static or dynamic action exercised on it by the air; 2.) Air Navigation: use of any aircraft on, or above the ground; 3.) Aircraft are divided into State and private aircraft; State air- craft shall be those belonging to the State; private aircraft shall be those belonging not to the State but the societies, aviation organiza- tions or clubs or to individuals (`see paragraph 4); 4.) Concerning the jurisdiction of the two main branches of the Air Ministry, aircraft are divided into two groups: a) military aircraft, ;.e.. State aircraft used for training of the military or for war purposes, and b) Civil aircraft., i.e., all those which are not. military air- craft; 5.) Civil aircraft under the jurisdiction of the Directorate Civil aviation (Board) are divided into: a) Civil State aircraft, i.e.. aircraft., other than military be- longing to the State. This means aircraft in the service of the police, customs, aerial mapping, agriculture, communications, mail, etc., provided that they are not under the command of mili- tary personnel on active service and that they belong to the State, b) Private aircraft, i.e.. all those not. belonging to the State as specified in paragraph 3; 6.) Private aircraft are divided into: a) Private commercial aircraft belonging to corporations or individuals and commercially used for aerial work (they may be aircraft for communications, mail, aerial mapping, agriculture, etc.), b) Private aircraft belonging to organizations. societies, clubs or individuals and used for sport or tourist purposes or for the private use of their owners but not. for commercial purposes. Such aircraft are also called aircraft for touring. 1 An appendix to this law contains regulations, particularly the Presidential Decree of August 14, 1931, entitled "Regulation of Air Flight." This decree was abrogated and superseded by Royal Decree No. 22/1904. Art. 10.1.1 of Decree No. 22/1964, published in Gow. Gazette of Jan. 31, 1964, reads : "The Royal Decree of 20.S./1.10.54 on implimenta- tion of the ... Decree of ~ oil Retilatioii ~f Air F'1i~ht as regards t iiiieai operation of public transport aircraft, as amended and later implemented by Royal Decree of 25.~. /21.1.57, and any other provision contrary to this decree. are abrogated Thus. Decree No. 22/1964 abrogates also Decree of 20.R/1.10.1954. and Decree of 25.6./ 21.7.1951. Presumably, the basic law of June 3/13. 1931, is not superseded. Ed. 823 ~i9 727 f~5 vol. 1-53 PAGENO="0834" 824 AIR LAWS AND TREATIES OF THE WORLD CHAPTER II. GENEII.~L PROVISIONS Article 2. The State shall exercise complete and absolute sovereignty over the airspace above its territory. In the sense of this law or the regulations the term `Greek tern- tory shall include the territorial waters and the airspace above them. 1 ~ .1. The provisions of this law shall apply only to civil air- (raft. A ,f,7e 4. The Greek State shall have full power (Tilling partial or total mobilization, or when war is iniminent. to mobilize all adniin istra- tive. technical and fli~ht personnel of i)Ii\~~te air carriers or the per- soi~iie1 of I)ri%~1te air carriers or the pei'sonIlel of only one of these groll~)s when it is subject to the provisions of tile Law on Re(1Uitllleflt. For t lie same reasons, the State shall have power to requisition p1i~~ate iiistallat~ons. airdromes, aircraft, machines. tools and instru- ments of any kind and. generally, all materiel found under whatever (011(1 it ions on Greek territory at the time~ when mobilization is lro- (~l~li1lied. The State may also issue orders for tile imme(liate return to Greek territory of all national aircraft abroad at the time when mobilization is proc~ imed or exl)ected. I)etails of such requisitions shall he determined in accordance with applicable conventions but when such case is not provided for in a con- vention or no convention has been concluded, compensation shall be determined in accordance with the laws on requisitions. A 1ti(~7( ~. 1. T~eTati0lls between j)assengelsalioard an aircraft oii au international flight shall be regulated by the. law of the country whose nationality the aircraft has. 2. The Greek criminal courts shall have jurisdiction over crimes committed aboard foreign aircraft in the following cases: a) When tile felony or misdemeanor is committed by a Greek citizen or tile injured party is Greek. b) \Vheiu the aircraft lands on Greek territory after the felony or misdemeanor has been committed. c) \Vhen the Greek laws on public safety, the finance laws. or the military laws are violated. d) \Vluen a Greek civil aviation law or l)el'tmellt regulations are violated. :3. The courts of venue for crimes specified in paragraph 2 shall he those of the place where the aircraft has landed. A it;elc C. Commercial transportation of passengers and goods be- tween two points of Greek territory an(l transportation of Greek air- mail shall be reserved to Greek aircraft. low-ever, special licenses which, in all cases, must he of a temporary nature. may be granted to foreign aircraft pro~'ided the interests of the national airearriers are not thereby atlecteci and tile Greek Government has consented 1 hereto. i ,t,*7~ 7. The laws regulating land all(l water transportation shall apply to air transportation insofar as this law, tile regulations and tile iuutenuiat ional (`onvention on air navigation do not provide other- wi~e. I ,t;~l 8. ( `onsent of tile Air Ministry shall be required for operat- iui~j uiiy u r tlansl)ortation service, for tile establishment of aviation schools. for tile instal lat iou of pri\-ate airdromes and of any other organization or installation relating to civil aviation. PAGENO="0835" AIR LAWS AND TREATIES OF THE WORLD 825 A it/(7c 9. The Goveimiieiit, iipoii a P101)05111 b Air Ministry, is authorized, by Presidential (lecree to insure the regulation and pollee of air navigation. CHA1'ITR III. FLIGhT OF AIRCRAFT J,t/(7c 10. Flight of aircraft of Greek nationality shall be fiee pro- vided the pertinent provisions of the air laws mci regulations are observed an(l it is subject to the control of the. pe~~ inent state authori- ties. In no case shall freedom of flight, of Greek or foreign aircraft above private property interfere with the rights of the owner of such proi~- city or of third persons or cause damage thereto. Jihele 11. Any aircraft flying over a. town or inhabited area must maintain an altitude which peiiiiits it, in case of an emergency, to land outside tile inhabited area or on public airdrome which may be in the vicinity. Aiticle 14. Any acrobatic flight which involves any maneuver that. is dangerous and not needed in normal flight of the. aircraft shall be l)1011i1 >ited al)ove imIllal)ited ~ueas 01 iii )OVC Ii PuJll id aill)ort. unless a special 1)elIuissioll in accordance with iegulat ions is issued. Aitie7e 13. For reasons of a military nat nrc and in the interest of public, safety, flight of aircraft of Greek or foreign nationality may be prohibited above certain areas of the territory or in exceptional cases above, the emitire Greek territory. The flight of aircraft. over au area declared in a state of siege shall lead to confiscation of the. aircraft U~Ofl its landing at any place on Greek territory. The owner or the comman(ler of such aircraft or any other member of the crew who is found responsible shall be arrested and be biougiit before the courts of jurisdiction under a charge of espionage. They shall not be 1)rosecuted or shall be acquitted when they are able to justify sufficiently such overflight of the prohibited area to the au- thority, which ordered the seizure or to the court which would render j ucigment.. In the case of a violation of the provisions of this article, the agents of the respective authorities shall notify tile violator by means of the usual signals as established, simultaneously asking him to follow the direction indicated and ordering him to land immediately oii the near- est. airdrome. If the aircraft does not comply with such directions the military command in charge of the. area shall apply appropriate coercive measures the details of which will be prescribed in the respec- tive regulations and orders. l)etails of application of this law shall be specified by regulation. (~hL~vrER IV. POLICE OF Am FLIGhT A /t?('lc 14. Air flight shall be p~1111itted to 111 rciaft of Greek 1111- tiomilitv registered in the register 1)00k and provided it is 5ll~)phied with an iii iwoithiiiess certificate. Ide.ntibcation marks preserilled by the re~rulations must. be show-n on the aircraft which must also carry al)oard tIle instruments and eqlui~)mel1t presiibed by the. reglatlons. Details of the application of this 1~iw siiall be specified b regulation. PAGENO="0836" S26 AIR LAWS AND TREATIES OF THE WORLD Ait~7e i.~. It shall be prohibited to aircraft without. special author- izatioii to transport explosives, weapons aiicl munitions of war, carrier pigeons, and packages or mail subject to the. postal monopoly. It. shall also be prohibited to transport and use photographic equip- ment and to install aboard any equipment for wireless telephone or telegraph. Details of the application of this law shall be specified by regal ati on. Ait?ele 11]. Any aircraft landing on an airdrome or on private, land shall be subject. to the control and supervisioil of the pertinent State authorities. A~t;c7e 17. Any aircraft in flight, upon landing at any place on the territory, must. be put at the disposal of the postal service, the police and customs authorities and must strictly comply with the instructions of these authorities. A PtK'~((~ 18. Aircraft flying exclusively over airdomes or over areas designated by the Air Ministry as training and instruction areas shall not be subject to the provisions of the regulations concerning air flight provided their flight does not. represent a public exhibition. However, a flight with passengers shall be authorized only to airmen with a pilot's license and a permit. Ait;c7e 19. Airworthiness certificates, permits and licenses issued or considered valid ~fl the State whose nationality the aircraft has, shall be reco~rnized as valid for air flight above Greek territory when rec- iprocity exists under an international convention or a special agree- ment with the foreign State. Li enses issued to Greek citizens by foreign States shall not be valid f~ flight s above Greek territory with Greek aircraft without a special authorization from the Greek Government. Aitele 20. Any aircraft and its flight, crew must have certificates, permits, and licenses in accordance with the provisions of this law and the regulations. CHAPTER V. REGISTRATION OF AIRCRAFT AND ENGINES A,~t;c7e 21. Xo Greek aircraft belonging to the c.ategory specified in paragra~)h 5(b) of Article 1 of this law shall have the right to fly over Greek territory unless it is provided with a. certificate showing its regstration in the aircraft. register. Aircraft belonging to the State, specified in the same article, shall be exempt from the requirement of registration in the register. A'í'tic7e 22. Aircraft shall be registered in the register only when they belong: a.) to Greek citizens, b) to organizations set. up in Greece and whose members, in the case of a society, or stockholders, in. the case of a corporation (societe en Commaridite), and director or administrator and two thirds of the board members, in the case of a st.ock corporation, are Greek citizens. The regulations shall establish the procedure of registration of air- craft in the. register, and of cancellation thereof or revocation of their flight certification. The provisions of this article shall also apply to engines which may or may not be installed on an aircraft and for which a. special register PAGENO="0837" AIR LAWS AND TREATIES OF THE WORLD 827 shall be kept. The owners of engines shall give, notice for registration within 15 days from their purchase. Aircraft and engines belonging to foreign citizens employed in Greece shall be registered in special registers for foreign aircraft. No registration of a Greek aircraft may be made iii the register unless there is prior verification of its airworthiness in order to ascertain that it complies with all safety requirements and unless it has passed a test by a committee of specialists appointed for this purpose by the Air Ministry in accordance with the provisions of the regulations. The certificate of airworthiness and of flight safety shall be issued on the basis of a report by the testing committee. Registered aircraft shall undergo periodic tests of airworthiness and flight safety. The results of such tests shall determine whether they may remain on the register for another period or whether their regis- trat ion should be cancellecL and whether their flight certificatioll should be renewed or revoked. Special provisions of the regulations shall specify criteria for air- worthiness and flight safety tests, for periodic tests of aircraft of Greek nationality, of nationality markings and of registration in the Gre.ek register. Ai~tic7e 23. In case. of change in ownership of an aircraft or engine for whatever reason, the Air Ministry must be informed of respective act by the new owner within a period of fifteen days, otherwise the act of change of ownership shall be without legal effect. A Itu7e 24. Any aircraft registered in the Greek register shall be deemed to have Greek nationality : it. must. carry in a visible place the nationality markings imposed by the Greek regulations on the places designated there.for, the registratioii marking, and the name and (bundle, of the owner. J,t~r7e 2.3. No aircraft registered in the register of a foreign State may he. registered in the Greek register without prior proof of its cancellation in time other. \Vlien the. owner of an aircraft registered in the Greek register leg- isters the same aircraft. in a foreign register, lie must. give notice, to the respective Greek autliomity and return his certificates. Registration of 511(11 airciaft in the. Greek register shall be can- celled and it shall Le deeme(l to have lost its Greek nationality. The. same shah apply to aiiy owner of a foreign aircraft registered in the Greek register of foreign aircraft in the. case where such air- craft. is no longer based on a Greek airport or has suspended sc.hed- uled flight, service across Greece. CiIAwrER \J. Pii.xo~s, AIRMEN. FLIGI-IT N~~\'ToaToRs, CERTIFICATES, PERMITS ~ND REGISTERS T1il:REFOII Jiticle 26. 1. Pilots, flu lit, navigators, radio operators, and flight engineers must have the following a) a. capacity certificate, h) a license to exercise his profession. 2. A Greek capacity certificate shall l.)e issue(l by the \ im Min- istry after training and a. practical and theoretical examination in accordance with the lro~o~ of the regulations issued for that l)t11l)ose. PAGENO="0838" 82S AIR LAWS ~YD TREATIES OF THE WORLD 3. Foreign certificates shall be treated like Greek certificates when ~uch treatment is justified by international conventions or by a decree of the Air Ministry based on an agreement with the foreign State whose nationality the hearer of the certificate has. 4. The Air Ministry may refuse to recognize the validity of a certi- ficate issued to a Greek citizen by a foreign State for flights over Greek territory aboard a Greek a i rcra ft. 5. The Air Ministry shall determine by regulation, on the basis of training, the practical and theoretical examination and the historical examination provided for in the International Aviation Convention in regard to each category of aircraft: a) The conditions required for issuance of a certificate. and license to exercise the duties necessary aboard an aircraft, b) The medical conditions required for flight duty, c) The cases in which licenses may be temporarily suspended or permanently revoked. 6. In the case of suspension of a license to exercise the profession of a pilot or navigator, the persons concerned must surrender their license to the competent authority as soon as they are notified of the su~pension. A,~t;cze 27. 1. Professional instructors or p~~'~~ns that wish to give flying lessons must have a special instructor's license issued by a recog- iuize(l domestic or foreign school and must have the required license issue(i b the Air Ministry for the exercise of that profession. ~. Instructors shall be held responsible for the aircraft during pilot t ia in in ~r fl ~rhts ~incl such iu~tiuction may he given only by a recog- iiized school subject to the supervision of the Air Ministry. CTL\PTER \II. AiR LINES ANI) IXDFSTRIAL ENTERPRISES 1if;(7~ 28. 1. In the cases of licensing operation of air lines or au- thorizing an aviation enterprise (including aviation schools and air- dromes), l)reference shall be given to individuals or organizations of Greek nationality under the same or equal conditions provided the plans for tecimical and financial conditions of operation proposed by the two parties are considered generally advantageous to the State. Preference to an individual or organization in granting a permit to operate an airline or to do any work related to nviation shall he based on a'~ their use of material of any kind of a type approved by the Air Ministry, h) an ull(lertakillg that, insofar as possible, all repairs of air- craft, engines, and aviation instruments will be made in Greece, c) an undertaking that, insofar as possible, the construction of aircraft, engines, spare parts. and aviation instruments will be maile in Greece, d ` training of Greek personnel. ~. There shall he an exemption from the above requirements for foreiRm corporations with which the Greek Government has a contract or to which the Government. has granted a temporary permit to oper- ate an international airline whose points of departure and destinaf ion are not both on Greek territory. PAGENO="0839" AIR LAWS AND TREATIES OF THE WORLD 829 J ~ 20. Individuals or groups that have beeii graflte(l a permit to operate an airline or an in(lustrial enterprise must observe all pro- visiolls of the laws and regulations concerning the operation of such enterprises. ..-1,t~e7c .31'). Industrial aviation enterprises operating ~n, or into Greece specifie(l in ~)aragraph 1 of Article ~8 must register in Greece in the register of the respective Ministry. The equipment of enterprises subject to the provisions of Article ~2 of this law must be registered in the aircraft register and in the engine register of the respective Ministry. CHAFFER VIII. AIR TRANSPORTATION Jiticle 31. Air transportation of passengers and goods may be authorized only for aircraft which comply with the requirements of this law and the regulations. Issuance of a ticket or airway bill shall be deemed a contract between the air carrier and the passenger or shipper and shall create legal rights. An transportation of passengers shall require a detailed manifest in compliance with the respective, provisions of the regulations. One copy of such manifest shall 1)e kept on hoard and must be presented at the request of officials of the State \vhlo are supervising air traffic. Aifele .32. Any contract between a carrier an(l a shipper concern- ing air transportation of goods shall include an airway bill which, in addition to the usual information, shall state that it. deals with air transportation. The airway bill, a copy of which must be kept on board and pre- sented at the request of State officials supervising air transportation, must further state the nature of the goods shipped. The airw-a'v bill must be signe(l by the shipper or his agent in order to certify the accuracy of the information it contains. Aiticle 33. All aircraft which, under a contract with the State, transport passengers and goods within the country an(l abroad, must transl)ort Greek airmail in accordance with the provisions of the respective contract. Artele 34. International air transportation shall be governed by the international aviation conventions to the extent that such conven- tions have been ratified by Greece. The provisions of this law regard- ing air transportation shall also apply unless they conflict with the provisions of any international aviation convention that has beeii so ratified. CHAPTER IX. LIABILITY OF THE CARRIER. TNSFRANcE FOR FlIGhT PERSONNEL 4iti~e7e .1.~. As to liability of a carrier, any air transportation shall be deemed international regardless of whether the location of the points of departure and of destination which may both be on Greek territory, and regardless of the fact that the aircraft does not land on a foreign airport. Aih'e7e .16. Tn Greece any air carrier, private or State owned, must insure its flight personnel against flight accidents which may occur in tile performance of their service. PAGENO="0840" 830 AIR LAWS AND TREATIES OF THE WORLD Such insurance of flight personnel i oust provide for compensation similar to that iii the international coiiventioii ratified by Greece. Otherwise the permissible compensation may not be less than 300 dr. ler day in the case of temporary disability and 200,000 dr. in the case of death or permanent disability of the injured person. For the above purpose, aviation enterprises must conclude contracts with insurance companies approved by the State which shall be deemed jointly liable to the persons entitled to the compensation. Details of the application of this article including the provisions concerning the statute of limitations shall be specified by regulations. CIIAvrER X. ACCIDENTS Ji~t;c7e -]i'~. In order to prevent accidents the owners and command- ers of aircraft shall take the necessary precautions and comply with the re~ulations. orders. arid instructions given to them by the author- ities charged with supervision and regulation of air traffic. A special regulation concerning methods of avoiding collisions will be attached to the regulation. Jiticle -38. In case of a collision of aircraft liability for damages and losses shall fall on the person responsible for it. When responsibility for the collision is attributable to two aircraft liability for damages and losses shall be borne by both aircraft in ProI)ort ion to the responsibility of each. Compensations awarded for the death of, or injury to persons caused by such accidents, shall take precedence over any other compensation insofar as distribution of the amounts awarded is concerned. Ji'tic7e -39. In case of emergency or accident the aircraft commander and the crew must do everything possible to safeguard the mail. Ai'tic7e 40. Any person who finds on Greek territory an abandoned aircraft or part of an aircraft shall notify the State authorities or, in their absence, the nearest municipal authorities. The authority so notified must take all measures necessary for the protection of the aircraft and must immediately notify the Air Ministry. Aitie7e 41. The laws concerning aid to shipwrecks shaTl apply to aircraft emergencies and to persons aboard aircraft. Any person able to render assistance to an aircraft in an emergency or to contribute to saving it. shall do so. Such p~son shall be entitled to pilym~11t 01 compensation for such service rendered the amount of which will be determined by the competent authority. ~I ifirl( 42. In (-ase of (hisi1f)pe~lrafl(e of an aircraft. the ai icraft and all persons on board shall be deemed lost three months from the date omi ~viiich the last~ sign of life has been received from it. Cll\PTLrt XI. AT1iPk IlTS. AIJtI)It()ME~ I ,t;~/~ 43. An "airdrome shall bc~ deeniel ally land or water area suitable for the take-off or landing of aircraft. An airdrome used as center of commercial air transportation and eqiuppeci with all appro- l)riate iii stallatiolls shall he called an `airport." A ~tfr7e 44. Airports are divided into airports belonging to the State. to mTlmcipahities. to communities, and to individuals. St ate airports are those established and operated by the State. PAGENO="0841" AIR LAWS AND TREATIES OF THE WORLD 831 Municipal or community airports are those established and operated by the municipalities or communities with permit from the Air Min- istry. Private airports are those established arid operated by individuals or organizations either for their own use or for public air traffic with permit from the Air Ministry. A~tc7e 45. Municipal, community and pi~i~ate airports may be established and operated only with permit from the Air Ministry and shall be subject to the supervision of its officials. Article 46. Such permit. may contain a clause to the effect that the authorization is granted only for a certain time and that the State reserves the right to re-purchase the equipment used in the operation arid the installations themselves. Such permit may further specify the manner in which an airport may be used and under which conditions it may be operated. `When an airport is open for public transportation the taxes to be collected shall be determined in agreement with the Air Ministry and in accord- ance with its decision. The above permit may be withdrawn in case the conditions under which it was obtained, are not complied with. Article 47. Permits to establish airports are usually granted only to individuals or corporations whose members are Greek nationals, or to corporations whose capital, according to a list of its stockholders, is and will be maintained at a minimum of OO~i. of Greek nationals and whose. director and 2/3 of the. Board Members are Greek citizens. Any organization to which such peimit has been granted and which fails to fulfill the required con(hitionS. shall cease its operations. A ,-tk-l~ 48. The Air Miimistrv univ entrust to inch vi(Iuals or to cor- poratioiis that. fulfill the spirit of time prece(hing article, the establish- ment and operation of a group of airports and airdromes considered indispensable for civil air traffic. An agreement to this effect. shall be concluded betwen the two interested parties. Such agreement shall specify the obligation of each of the two contracting parties and must be ratified by the Parliament. i ~t;~7~ 4!). The estal.)1 ishmemit of aii'ports open to public traffic and all information concerning their functioning shall be brought to the attention of air navigators and of the International Commission of Air Navigat.ion. Jit;c/e 50. Airports mentioned in the preceding' article shall be accessible to all national aircraft. Foreign aircraft which may land on such airports without. special authorization must fulfill the. following conditions a) They must. be properly registered in the register of a State which has ratified the International Convention regarding regu- lation of Aerial Xavh~'ation of Paris or which has concluded a special agreement with Greece, or must belong to an organization with which a special agreement has heeii concluded. b) they must. fly in accordance wit-h the rules established by the International Convention regarding regulation of Aerial~ Navigation and with the laws and regulations in force in Greece. A special temporary landing ermit may be granted to an air- craft which (hoes not. ful Rh] the conditions enumerated in para- graph a) of this article. PAGENO="0842" 832 AIR LAWS AND TREATIES OF THE WORLD Such permit shall be granted upon request submitted through diplomatic channels at least eight days prior to arrival of the air- craft. The request must include the information specified in the regulations. c) They must~ belong to a State or an organization which has concluded a special agreement with Greece when the aircraft is used by an international air carrier across Greek territory. Article 51. Except for cases of force majeure, landing on 1)rivat0 airdromes intended for private use of their owners shall only be per- mitted with the consent of such owner or of the persons operating such airdromes. Art;cle 52. The use of airdromes of the army or navy by commercial aircraft shall oniy be pernlitre(l with a permit from the Air Ministry or, iii tile case of toi'e ln(,Jeure, when (lilly (`ertihed and checked by the comii man (ler of the airdrome. Arteie 5.~. As regards a forced landing outside an airport or air- drome on p1'i\~Ite laud tile owner of the land may not preveiit the departure or removal of au aircraft whose. attachment has not been ordered. however. in the case of au aircraft of foreigmi natiomiality which caused damage to the property, the authorities which have uris(liction according to the law flay at tile request of the owner, 1101(1 up the departure of the aircraft until the legal steps pi'o~'icled for in the law have been taken. The departure may not be held Uj) for more than 48 hours. Such steps do not apply to foreign aircraft which are exempt from attachment by virtue of a special agreement with the Greek state. Article 54. Aircraft. leaving for abroad must depart from special so-called customs airports which shall be designated by the Ministry of Finances in agreement with the Air Ministry. Aircraft arriving from abroad must land on tile same airports. All information concerning customs airports will be communicated to the International Conimission of Air Navigation by the Air Miii- istry. J ,t~c7c 55. Special fees for landiinr. take-oft', Ilangaring, for rental ot offices, repairs. etc., to be collected for the use of~~ ~li1~1)()1~ts, shall be fixed by the Air Ministry. Combined lanclin~, take-off, and parking fees may be fixed by the Air Ministry when necessary. The auiiounts i'ec'eivecl shall be (leposited with the nearest. Treasury Oflice against a receipt at the end of each month in the name of the Public Administration provided such amounts do not exceed 50,000 drs. kxe('utiol i a~'a i list del tou's of the Tieasurv for amounts owed for the special fees mentioned above shall be macic in accordance with the pertinent laws. Aiticle .56. The establishment of airports or auxiliary fields, if nec- essarv, may be macic by expropriation of the necessary land because of public interest and in accordance with the provision of tile law con- cerning expropriation of urban or rural i'~p~~y intended for the use of the army or nay or for tile construction of fortifications in general ill I hat case the Air Ministmv may participate instead of the Chief ~if Staff of the Army or the Navy, and the Chief of tile Corps of Engineers, shall be replaced in the Commission provided for in the law mentioned by engineers of the Section of Public Works of the Air Ministry. PAGENO="0843" AIR LAWS AND TREATIES OF THE WORLD 533 Jit;cle ~. (~oniinand of each airport shall be eiitrusted to a peisoil qualified therefor who shall be designated by the Air Ministry. Other personnel shall also be designated by the Air Ministry and shall be appointed in accordance with the 1)eltineilt laws. A list of names of the higher officials of municipal, coniniuuitv or private air- poits amid any alterations made. therein shall be transmitted to the Air Ministry b the pe~~oi1s who operate such airports. in regard to air traffic, safety, police, etc., municipal airports shall be under time jurisdiction of the commander of the nearest civil State airport or, if there be no such airport, of the commander of the nearest mnilitarv airport. Wticle ~8. Within the area of State airports the Air Ministry may ~rrant to individuals or to corporations set up in accordance with Arti- cle 41. or to foreign Corj)Oration, perniit for the construction of in- stallations needed by them in order to facilitate their traffic when the area of tIme airport is sufficient. The amount of rent. and all other details regarding the construct mon of such buildings shall be determined by way of an agreelileilt between t lie Aim Minister and the other contracting party. JIt?((c .;o. All details concerning the administration of airports, (olitrol of a iiciaft. and the umaminer of exercising such control, the pow- ers. jumisdict ion and duties of iii iport (omnollidems and all other ineas- ures conducive to good operation of airports shall l)e specified by megimiat iomms issued b time Air Ministry and approved by decree. J it ~7e 60. 1. The height. of structures in the immediate viciiiitv of land airdromes, ai rnorts and auxiliamv fields lime v no~ cxeed the minimum limit of the aeronautical amen of each such airdrome. ~. The minimum limit, of the aeronautical area of any land air- drome is detmeci by the planes inclined toward the horizontal in the proportiomi of 1/15 from the outer edges of the sides of the landing area to a horizontal distance of 5,00() meters so that at a distance of 15 meters from the outer edges of the landing area time height may be increased by one meter for each fifteen meters. h. Time rules specified in this miiticle shall also apply to military land a i mdroiiies except. for the airdromes at ~edes an(l Tntoi for wh ichi the mimiiiiiimm limit of the aeronautical area is delined Lv the pl~ines in- (lined ~fl the. proport ion of 1 /~() toward the homizontal. 4. ~trlmctmmres in existence at tlìe time when this law is pill iiished winch exceed the iiiiiit established above shall be brought to time notice of time Aim Mimiistmv mind the owners thereof shall permmt the installa- tiomI of miecessamv hi~lmting devices. \Vhen theme is a decision of the Aim Ministry mat ified by decree, one side of a I amid in g a lea of en cli a i idr me ma 1 ~e exempt from the restrictions specified above 1iovided tlìe shape of tIme land makes such iesi mictions impossible or inconvenient. A ,tr7e 111. The Air Ministry and tIme Navy T)epaitmnent shall deter- mine by decmee which semll)omts may serve as iirpomts. 1mm such case the mlii (omitmol by the, officials of tlìe \ iv Mimiistmv shall he exercised to- Qet Lem iv I ii time port authorities in a('cordai cc with time )Olt megmilat tons whicb shall have a special chapter on air navi~at ion. drafted by the Air Ministry. PAGENO="0844" 834 AIR LAWS AND TREATIES OF THE WORLD CHAPTER XII. LEASE OF AIRCRAFF J~r;7~ 6~2. In case of lease of an aircraft for successive trips or for a fixed period, the commander and the cren~ shall remain under the direction of the owner of the aircraft unless the contract. provides othrwise. jit;c7e G~. The owner of tile leased aircraft shall be subject to the obligations imposed by the law and shall be jointly liable with tile lessee for any violation thereof. However, when the lease contract has been recorded in the register, and the lessee has all qualifications for (i\vnerslllp of a Greek aircraft~ only such lessee shall be subject to the obligations imposed by the law and be liable for any violation thereof. ChAPTEr XIII. MoRTGAGES ON AIRCRAFT I ,t~'c/c (~ Aircraft shall be (l1~eme(i chattels but they n'nì'v l)e i'nort- ~rage(l in accordance with the rules of commercial law concerning mortgages on ships. Aircraft. mortgage books shall be kept by the respective section of the T)irection of Civil Aviation at the Air Ministry and the respective employee or his deputy shall be keeper of the mortgages. Det~i ils for the application of this article shall be estal)lislled by ie~nl at i OTIS. ~-t,f,(7c C:. Aircraft may be attached ill accordance with the P"°- visiOllS of tile Code of Civil Procedure concerning chattels for any claim of a creditor or demand for compensation for damages caused wither to persons or to real or personal property provided six months have not. passed since the date of such claim. however, when the at- tachinent is prevelltlve it shall always be. sil1)ject. to prior autlioriza- tam tro~ii the presi(lent of the court of first instance of the place where the aircraft. has landed. The state reserves the right to attach any Greek or foreign aircraft whose commander violates the provisions of this law or who does not fulfill the conditions required for air flight. Attachment of an aircraft meaus prohibition to take off or lie remove'. Respon Si hi hi tv for any violation of such nrohil)itiofl from tile time they have knowledge thereof shall rest with the judi- ciaL fiscal, police, military, naval and civil officials who may take all necessary precautionar measures. ~ucli officials shall also have juris- diction to apply this law, particularly any 1)rohil)itiofls contained therein, and to apply any decrees or orders pertaining thereto. They must take such preventive measures as they consider useful and when they find any violation. demand assistance froi'c the pollee in order to prevent the departure or transport of an aircraft until appropriate legal steps have, been taken. Details for the application of this article shall he established by re~ul ati oils. 1 ,t;c7e ,`7C. Preventive attachment shall be lifted up in accordance with tile provisions of the Code of Civil Procedure provi(led a bond in an amount set. by the president of tile court is deposited. ~11cll 1)olld shall l)C deposited in monet or in l)ondls of the DeposIt iin'~ Lrei a Bank. A surety provided by a recognized banking institu- ton is ecceptable as bond. Acceptance of SHell bond shall free. the aircraft. PAGENO="0845" AIR LAWS AND TREATIES OF THE WORLD 835 The attachment provided for in the preceding paragraph may be lifted after a report from the Air Ministry and after deposit of a money guarantee the amount of which shall be determined by a deci- sion of that Ministry and be deposited in accordance with the provi- sions of the preceding paragraph of this article. CHAPTER XIV. RADIo EQUIPMENT AND LICENSES OF AIRCRAFr RADIO OPERATORS Article 67. The installation of radio telegraph or radio telephone equipment of any kind aboard an aircraft shall be subject to a special authorization from the State agency of jurisdiction and shall be granted after consultation with the Air Ministry. CHAPTER XV. PENALTIES Article 68. There shall be punishable by a fine of from 3,000 tO 30,000 drs. and by imprisonment of from 6 days to one month or only one of these penalties any owner of an aircraft who commits one of the following violations: a) Who puts into operation an aircraft without registration or airworthiness certificate, b) Who puts into operation an aircraft without the identifica- tion marks provided for in the regulations, c) Who operates an aircraft whose airworthiness certificate has been withdrawn, d) Who loads an aircraft beyond the permissible weight limits. e) Who operates an aircraft whose chief pilot lacks a certificate of qualification and a valid license in good order. The parties concerned shall be notified in writing of any withdrawal of the airworthiness certificate by the responsible agency and such letter must specify the reason on which such measure is based. These penalties shall apply to any lessee of an aircraft who, in ac- cordance with provisions of Article 63, is solely liable for any violation of the obligations imposed by this law. Article 69. There shall be punishable by a fine of from 300 to 10,000 drs. any aircraft pilot who commits one of the following violations: a) who records or permits the recording of incorrect statements in the flight log, b) who lands in a place not considered an airport or a public or non-public auxiliary field, or a. properly established private air- drome without force nwje tire. c) knowingly commands a aircraft under the conditions spe- cified in the preceding article, d) commands an aircraft over a prohibited area other than com- pelled by duly certified force maje~ire. Artiele 70. The fine specified in the preceding article may be in- creased up to 50,000 drs. and the imprisonment up to two months or the punishment may be only one of these penalties when the violations specified in Articles 68 a.nd 69 are committed after withdrawal or sus- pension of the airworthiness certificate, the certificate of qualification, or the license. PAGENO="0846" 836 AIR LAWS AND TREATIES OF THE WORLD Article 71. There shall he punishable by a fine of from 5,000 to 50,000 drs. and by imprisonment of from 3 months to one year any person who affixes or permits the affixing of registration marks on an aircraft which are not those indicated by and recorded on its airworthiness certificate. There shall be punishable by the same penalty any person who affixes to a private aircraft any markings designated for State aircra.ft, or who knowingly uses a. private aircraft unlawfully bearing such markings. In cases of violation of Articles ~8, 70 and 71. of this law, the court may order confisc.at ion of the aircraft. Arf~7e 7~. Any violation of the provisions of Article 15 by any per- son shall be punishable by the penalties specified in Article 70 of this law. Arf;e/e 73. There shall be punishable by a fine of from 1,000 to 15,000 drs. an(l in aggravated circumstances and by imprisonment up to 5 days: a) the pilot of an aircraft, who does not keel) the board docu- ments required by the regulations~ h) the. owner of an aircraft who omits to preserve one. copy of the board documents required by the regulations for two years from the date of the last record made therein; c ) any pe1~~n who does not comi)lv wit Ii the pio~~isiom1s of the regulations pertaining to flights for purposes of public exhibi- t ions, (`1) any person who violates the provisions prohibiting afro- hat ics an(l flights al)ove inhabited places. In tase a person who violated the provisions of this article, \vithIili tile same year a~ain violates any of these provisions, the penalties 51)eified above shall both be imposed and to their maximum extent. J1f;(~7e 74. When the license of a. pilot is revoked eit.her by a court or by the Air Ministry, tile pilots certificate and such license shall be deposited with the. Director of Civil Aviation for the whole time t.he revocat 1011 is iii effect.. Any person found guilty must de.posit such documents with the a.I)ove lnefltione(l office within six days from the date on which their sentence became final. otherwise. they shall be punishable by a fine of from 5(H' to 3,000 drs. In the case of a commander of an aircraft there shall be imposed the nhaxifllllm penalties provided for the case of an aircraft. commander flying without certificate or license. - I /t/(/C 7;. Any person who enters the marked limits of an air- (Irome or auxiliary field or who grazes animals within these limits or who drives any vehicle or animals there, shall be punished by a fine of fi~in 3a0 to 1,500 drs. or by imprisonment, of from 3 to 20 days or by 1)0th of these penalties in case of repetition. If there is an accident such person shall not be entitled to compensation. J,t;*7e 76. Any person who voluntarily drops or lets fall from an aircraft. in flight, any object, body or substance capable of inducing accidents, or causing damage to property on the around, shall be punishable by a fine of from 2,000 to 10,000 drs. and by imprisonment of from eight days to t.wo months or by only one of these penalties, particularly when the drop has not caused any accident or damage. PAGENO="0847" AIR LAWS AND TREATIES OF THE WORLD 837 These penalties shall be imposed by the court of jurisdiction with- out consideration of the 1)elialties provilled for in tile laws concerning crimes against life and property. A ,t;H~ 77. Any provision which is iii conflict with this law is hereby abrogated. This law shall take effect on the date of its publication in the official gazette. The provisions of this law shall be implemented from time to time bv regulatory decrees. O'nlEll LEGISLATION TN FORCE TN GREECE ON FEBRVARY 1, 1962 Following is a list of Civil Aviation Legislation in force in Greece. All the legislation is in Greek contained in the Government Gazette mentioned in brackets after the end of the Content of each la\s- or decree. Title Contents (P /2) 0 ENFRIL Law 602/1937 Hirairer,ilt dying over tile ~`1~'e k Territory 05.0. 136/A/ Law 2971/1954 Siihstitiltrei of ~c `~.portsof Ilight crewhv tlieirlicencesor eertitieat of rio iiieoihers i 0.0. 203/A/Mi. Presidental Decree 8.7.1931 F or .1_Ti flutes aiiwiidoieiit hull sliiiI~leOient thereof (COt 360/A/1931). Presidental Decree 9.6.1931 Definition of the width of territorial waters in connection with Civil Aviation and Air Police (cc. 325/A/1931 0 itosal 1) et e ad 1(3) I Cemi I Ii iii 110 nun of Ii si ions fot nipout fit tislniient and definition of air; lout area (CCI. 120/A/if 3)0 - SANITARY Pitalvisolx Ella AVL%Tioy INTERNATIONAl. LAW Lao' 595/1937. llatifieatioui ol the international sanitary convention (The l[agne'l031) (tIll, 2101. Law 546/1948 Ilatification of the tntcniational Sanitary Convention of 1)144 nnending till- Internat Final Sanitary Convention for Air Navigation If 12 April 1933 ( 0.11, Lass' 2012/1952 Ratification oftlie too protocols signed ill \Vashitigton on 30 April 194(1 for the prolongation of tile validity of inter- national Sanitary Convent ions ~G.tI. 35/. Law 2428/1953 hlatii~ation of the 12 May 1951 agreement hetsecen tile C; i'eek t So verin I lent and tie \~ orlil I [calf Ii Organization ((1.);. 1310. NATION It LAW Piwsidental Decree 11.23.1933 Sanitary Control of air tr~nisportation (11 (i, 374o Law 340/1936 Sanitary provisions for tl~i- sea, land and air illterconrst' and organization oft ill- respect SI' Sail it n-v Service /t5 Ci, .512). Royal Decree 1.9.1940 eanitars Regulations for aviation t I I.) 0 25) as amended hv the Royal Decree 3.3,6.27.50 /0.0.141). tNTERNATIONAI. CoNvENTIoNs Law 596/1937 Hat ilication of till' Convention for till' nnilication of certain rtdcs r,'Lltill 11 lritrrii'~l ion'il air traulsllort signed at \Varsasr on 12 Octola-r 192)) 11(1, 209A,1937) Law 209/1947. Ratiticat ion of intl-nIh agrl'ement on international civil aviatioll siguil'lI at Chicago oii 7111 Decenlller 1944. 1 tiC; 33 `A `47) Law 210/t94L Hatilication Id International Air Services Transit Agree- ~ciii signed at t ` incago on 71)1 Decenl her 1944. (CI. 0. 34547), Lass' 211/1947. I Ralilication of till' C onvention on tnternafional civil Aviation signell at I hlicagll 011 7th I )eceniher 1944. It 1.0. 35' A'47). Lass 212/1947. ` Attierence of PrIed' 111 Ilitl'rnational Air Transport Agree- IlielIt of Chicago. 050 I. 36 .&;47) - - Law 3581/1956 , Ratihieation of prottocols for hillll'nhhliient 01 prlsvisjons of the Agri `ci oct11 011 1 it crnat lona I I ` i vd Ar hit Oil signed at tncago on 71 ii I )ecenihser 1944. / I I - t ; - 241 `A/SO). PAGENO="0848" 838 AIR LAWS AND TREATIES OF THE WORLD Title Contents (1) (2) ANNEXES TO LAW 211/1947 Royal Decree 7.6/7.26.1952 Annex I. Personnel licensing (PEL). Substitution of the effective provisions of the Presidential Decree of 8.7.1931, as later amended and completed, re- lating to Civil Aviation Personnel licensing. (G.G. 199/ A/52). Royal Decree 18.5/7.21.1955 Annex II. Rules of the Air (RAC). Substitution of Air regulations provisions for avoiding collisions in the air traffic, prescribed in the Presidential Decree of 8.7.31 for ATS Regulations as amended and completed. (0.0. 195/A/55). Royal Decree 12.30.55/11.20.56 Annex XIII. Aircraft Accident Inquiry (IAF). Aircraft Accident Investigation. (G.G.77/A/56). Royal Decree 2.5/3.9.57 8.nnex XV. Aeronautical Information Services (AIS.) Aeronautical Information Services (0.0 .34/A/57), amend- ment thereof. (0.0. 230/A/M). Royal Decree 12.15.5511.10.56 &nnex VII. Aircraft Nationality and Registration Marks. Registration Marks of Civil Aircraft (G.G.9/A/56). Royal l)ecree 6.10/7.15.55 Annex VIII. Airworthiness of Aircraft (AIR). SubstI- tution of the Presidential Decree of 7.8.31 Provisions for .A TS, regulations as later amended and completed (G.G.1851A/55). Council of Ministers Order No. 584 dated Aoril 12, 1916, "Concerning exemption from the payment of import duties and all taxes on supplies of aviation fuels and lubricating oils to aircraft belonging to ICAO member-countries". Decree dated February 5. 1957, "Concerning service for the supply of Aeronautical Data" published in 0.0. Folio #94, Vol. I, March 9, 1957. Ministerial Decision No. 17899 dated May 13. 1958 "Re the supply of materials and other supplies to civil aircraft" published in 0.0. Folio #146, Vol. II, May 20. 1958. Law No. 4062 dated June 11, 1960, "Imposi- tion of tax on foreign air travel" published in 0.0. Folio #90, Vol. 1. June 23, 1960. Royal Decree No. #65 dated December 29, 1961, "Organization of Civil Aviation Service of Ministry of Communications & Public Works" oublished in 0.0. Folio #212, Vol. I, December 29, 1960. PAGENO="0849" GUATEMALA CIVIL AVIATION LAW' CHAPTER I. GENERAL PRovIsIoNs Article 1. The Republic of Guatemala exercises full and exclusive sovereignty over the air space above its territory and its territorial waters. Article 2. The Republic of Guatemala will grant or deny authoriza- tion t.o fly over it.s territory, or to land within its limits, to private air- planes, whether they be of Guateinalan or foreign nationality. Article ~]. Any aircraft which flies in the territory of the Nation or which is within its limits is subject to the laws of the Republic and the jurisdiction of its authorities. Article 4. It is prohibited to fly over the national territory or to land on it without prior authorization, and aircraft and the.ir crews who violat.e this provisioll shall be subject to the penalties established in this law. Article 5. Aerial navigation and, in general all movements of na- tional or foreign aircraft over the territory of the Republic is subject to the control of the Ministry of Communications and Public Works, through the Directorate General of Civil Aeronautics, in cases deter- mined by this law. Article C. The operation of the Directorate General of Civil Aero- nautics shall be regulated by the provisions of this law and the regula- tions. CHAPTER II. DIRECTORATE GENERAL OF CIVIL AERONAUTICS Article 7. The duties and purposes of the Directorate General of Civil Aeronautics are the following: 1) To make studies and proposals referring to the development of civil aviation and all industrial and scientific applications whereof, for the benefit of the economic and social interests of t.he Nation. 2) To comment on all contracts and proposals solicited or offered by air carriers for the exploitation of flight rout.es or other applications of civil aviation in the. Republic. 3) To study, propose and provide information on international civil aviation conventions, conferences and congresses, as well as on the participation or adherence thereto by the Republic. 4) To issue, renew, suspend or cancel registration or airworthi- ness certificates of national aircraft and licenses of pilots and other aeronautical personnel on national aircraft in the cases specified and provided for in this law and in the regulations. ~ Of Oct. 2~. 194S : piih1i~1i~d ill LXVII Recop~lacion 1r 1a.~ Leces (Fe Za Republira (IC Guatemala, 1948-4949. p. 143. 839 39-737---t%5--vol. 1--54 PAGENO="0850" 840 AIR LAWS AND TREATIES OF THE WORLD 5) To plan, construct, improve, conserve and supervise the air- dromes of the State pertaining to civil aviation; to take the neces- sary measures for the construction of buildings thereon as well as for any other work by the State of interest to aerial navigation; and to supervise services on airdromes and private airports in public and pi~~~ate service : to notify the propel Ministry of defi- ciencies: anti to I)ropose remedial measures which ~t considers appropriate. 6) To maintain the National Aeronautical Register, referred to in Article 15 of this law. 1) Outside regular office hours of the Ministry of Communica- tions and Public Works, to grant or deiiy landing or exit peimits to foreign or national aircraft. which come. from, or are bound for foreign territory. wheii they are not. aircraft. of air carriers which have a contract or pe1~mit to operate. in the country ; immediate notification shall be given to the Ministry of Communications and Public Works. ~) To establish an aeronautical library. 9) To coordinate, on behalf of public interest, the activities of the difiere.nt. aeronautic organizations, and their establishment and services. 10) To study. propose, grant. licenses and Supervise the. estal)- lishnient cud ol)eratn~nS of civil avia~ on schools in the country for instruction in all branches of aviation. 11) To formulate and subniit. for the approval of the Govern- ment, regulations coinplenientary to this law-, and to supervise their enforcement. 1~ ) Generally to supervise, study and propose all measures for the development of civil aviation and the assuring of its safety aiid efficiency in the i~eJ)Ublic. Art;t~7e 8. The l)irec.rorate. General of Civil Aeronautics shall con- sist of such peisoniiel as is (ieeflle(i necessar b the Ministry of Corn- iniinications and Public Works for its duties and functions. There shall be a Chief of the Directorate who shall be designated Director General of Civil Aeronautics and who shall be appointed by the Execu- tive.~ through the Ministry of Communications anti Public Works. The Director General of Civil Aeronautics, and the personnel of the Directorate General of Civil Aeronautics, shall be. appointed exclu- sivelv and strictly on the basis of experience, and competence ill civil aviation and their suit al)i]ity for their respective positions and duties. CHAPTER III. AIRCRAFT, ThRill NA'FIoNALITY, REc1s'nt~TIoN, AND LEGAL STATUS Jrtie7e 9. For the purposes of t.his law, all devices capable of rising, sustaining thenise.lves, and travelling in the air shall be considered aircraft. Ji't;eie 10. Aircraft are divided into: a) Aerodynes. or heavier than air aircraft ; and b) Aerostats, or lighter than air aircraft.. PAGENO="0851" AIR LAWS AND TREATIES OF THE WORLD 841 Ai'tkle 11. Aircraft are classified in aircraft of the State and private aircraft 1) Aircraft. of the. State are considered: a) Military or naval aircraft b) Aircraft. utilized by the State in any governmental or or public service. 2) All other aircraft are coiisidered J)rivaie. A/tie/c 11. Private aircraft are classilieti as iol lows: 1) Public transport aircraft. These shall include aircraft. used for the public and paid transl)ort. of J)assenge.rs, mail or merchandise. 2) Aircraft for aerial work. These shall include aircraft used for aerial instruction or any iiidustrial, scientific, aerobatic or sanitary application of civil aviation. 3) Touring and sport aircraft. These shall include privately owned aircraft used for private Pui~poses of their owners or which a.re used for tourism and sport, provided t.hat the owners of such aircraft receive no compensation of any nature in exchange for their flights. 4) Trial and experimental aircraft. These shall include air- craft constructed or used for aerodynamic studies in the develop- ment. of new- construction or t.ypes. Article 13. The nationality of aircraft shall be determined in the following manner: 1) The nationality of au aircraft sha1l be that of the last coun- try in which it has been registered. 2) The co-existence of two or more registrations for the same aircraft is not admissible. 3) Aircraft registered in another country may acquire Guate- malan registration subject to cancellation of the previous regis- tration and upon compliance with the formalities established in this law or in the regulations issued to that effect. 4) All aircraft registered in the National Aeronautical Registry referred to in Article 15 of this law are Guatemalan. J,tiel( 14. Aircraft, motors, propellers, parts and other components, may be subject to mortgage, but in order that its legal effect. may ob- tahi against third persons, it must be established by a public document and recorded in the National Aeronautical Registry. Mortgage con- tracts shall contain, in clear and pTecise form, an addition to the state- mnents required in the public document a) The amount of the principal of the guaranteed debt and the interest payable. b) The due date of the debt and the place of payment. c) A description of the aircraft and ot.her mortgaged property citing registration, nationality marks, name of manufacturers and other data which assure with certainty the identification of the aircraft and other mortgaged property. d) Other terms, conditions and stipulations agreed upon be- tween the parties. PAGENO="0852" 842 AIR LAWS AND TREATIES OF THE WORLD Article 15. The Directorate General of Civil Aeronautics shall main-- tam a registry to be called the National Aeronautical Registry, to con- sist of the following books for the respective recordations: a) A registration book for national aircraft; b) An airworthiness certificate book for national aircraft; c) An aircraft and accessories transfer and mortgage book; d) A record book for temporary and transient flight permits; e) A book for inscription of certificates of national pilots; f) A book for annotations on licenses of national aeronautical personnel; and g) All others deemed necessary. The Directorate General of Civil Aeronautics shall issue for all official purposes certificates of each registration, recordation or anno- tation, which appears in the National Aeronautical Registry. Article 16. No national aircraft may fly over Guatemalan territory or its territorial waters without having been duly registered with the Directorate General of Civil Aeronautics and without having in its possession a certificate of airworthiness issued by that organizat.ion, and having complied with all other requirements established in this law and the regulations. Article 17. The certificate of registration is the official document at- testing to the registration of aircraft in the National Aeronautical Registry, and determines its identity and permits its admittance to flight activities. Article 18. The certificates of airworthiness testifies that the air- craft has passed the tests and technical control prescribed by the Di- rectorate General of Civil Aeronautics or, if the aircraft is foreign, by the competent. authority of the country of its nationality, so that it may engage in flights. Every aircraft must be provided with a certificate of airworthiness, which must. be carried at all times aboard the aircraft and be accessible for easy inspection. Article 19. In order for aircraft to be registered as Guatemalan and receive the corresponding certificate of registration, the following conditions must be fulfilled: a) That. the proprietor be a natural born or naturalized Guate- ma.lan; b) That. the proprietor be a juridical person constituted by, or recognized in accordance with the laws of the Republic of Guate- mala.; or c) That the proprietor be a foreigner domiciled in Guatemala or that the aircraft have its permanent base in Guatemala. Article 20. The certificate of registration shall be issued by the Di- rectorate General of Civil Aeronautics upon application of the owner of the airc.raft on legal stamped paper. The application shall contain: a) The full name and particulars concerning the owner; b) Proof of ownership of the aircraft.; c) The original certificate of airworthiness and a certified copy thereof: d) Proof of cancellation of a previous registration, if any; e) Purpose for which the aircraft is to be used; f) Other pertinent data required by the Directorate General of Civil Aeronautics. PAGENO="0853" AIR LAWS AND TREATIES OF THE WORLD 843 Ai'ticle 21. After the application and documents have been pre- sented and approved by the Directorate General of Civil Aeronautics, it shall proceed to registration of the aircraft in the National Aeronau- tical Registry and to the issuance of the corresponding certificate. Jiticle 22. The certificate or registration shall contain the number of the same, the marks of nationality, and of registration, type and description of the aircraft, name and domicile of the owner, usual airport of the aircraft, date of registration and other data determined by tile Directorate General of Civil Aeronautics. Ai~t;cie 23. The registration mark of national aircraft will consist of the letter "T" assigned to Guatemala as mark of nationality and a capital ~G" as countermark, both in capital letter, followed by a group of three capital letters of the alphabet, at~ least one of which shall be a vowel. The group of five letters must be painted in roman characters in capit ~i1, and the nationality mark shall precede tlìe. registration let- ters, separated by a dash. In special cases all additional letter shall be added to the group "TG", to indicate the model of the~ aircraft, at the discretion of the Direc- torate General of Civil Aeronautics. Jit'7e ~?4. Tile T)irectorate. General of Civil Aeronautic~s shall spec- ifv by regulation all niatteis (oncerning tile color, location, dimemi- Sions and other details of the registration and iiatioiialitv marks on national aircraft. Ait~7e 2~5. Tile application for a certificate of airworthiness shall be made to the Directorate General of Civil Aeronautics on legal stanipeil paI)er and shall contain. besi(les time technical description of tile aircraft, the data specified in Article 20. A it clc 26. The certificate of airworthiness sinill contain a) The number thereof; h) Tile name, domicile and nationality of the owner; c) The name and nationality of tile manufacturer; d) The type, make, model, series, and construction number; e) Tile nationality and registration mark f) Class of aircraft; and g) Other pertinent data determined by the Directorate Gen- eral of Civil Aeronautics. I t~7 2~. The Directorate. General of Civil Aeronautics shall de- termine by regulations time tecimical tests, inspections, instruments and necessary accessories, and further prel iminarv requirements for the obtaining of tile certificate of airworthiness for aircraft of different classifications, as well as time reasons or causes for temporary suspen- sion or permanent cancellation of the certificate. of airworthiness. A t;7~ 28. The owner of an aircra ft. time chart erer. or in their ab- sence. tile pilot in command. shall inform time Directorate General of Civil ~\ eronaiitics of (ha mages of wliatevem imatlire suffered by an air- craft within twenty-four hours after It S o(eUl1ell(e. A i'' /c ?9. Aircraft wim ici~ have slltiere(l Ilc(imients iiiav not be l)lmmee(l iii service mifter repa ~r \V it] alit a ceit i fi cii te issued by tile Tech- nical Inspector of the i)ircctorate General of Civil Aeronautics, after having proved that tlie condition stated in time ce~ti ricate o~ ainlv)rtlli- ness prior to time accident has net been weakened. PAGENO="0854" 844 AIR LAWS AND TREATIES OF THE WORLD Ai~t;c7e .3"). The certificate of airworthiness shall become invalid when the damage suffered by the aircraft in the opinion of the above- mentioned Technical Inspectorate is of such a nature~ that it does not 1)erIlIlt the flight of the aircraft without danger. W~hen such damage has been repaired. there shall be the prescribed technical tests and veiihcation, and a new application must be iini~ie. to revalidate the certificate of airworthiness. i ,fI(7( .31. The cert ificate of airworthiness shall he valid for six n~outh~ unless it be suspended or cancelled: but it may l)e successively renewed for e:~u~ll periods, subject to inspectoli by the Technical In- ~ )eci orate. Jit,(7c .33. Every aircraft. enjraged in national or international fi ighit must carry tl~ following documents on board: a The cert ficate of registration: b) The certificate of airworthiness (posted in sight) c) A flight plan: d An en~iue lo~ 1)00k : and e) An aircraft lbg book. J It/(/c .1.1. When a i icraft referred to in the preceding article are engaged iii the transportation of passengers. merchandise or mail. I hey must carry, in adclit ion to the al)OVe nientioned documents, the ~ollowiiig a) A permit 1 ) .~L h)assellLrem )i1~i1U fei ) .\_ (ar~ro mnaiiife-~t : an~l (1) A crew list. For a I r(ra ft in lo~l t raffic only a cargo list shall be re(Jui red. J it fr7e 34. Wheii an aircraft which carries out international flights is of the tourist category, it must carry, in addition to the documents specified in Article 3~. the following: a) A h)elmit b ) A `Icw list : an(l c) A passenger list. With i he approval of the Directorate General of Civil A eronautics, the (loduifleflI 5 mentioned in Article 33 and 34 may be combined in a siii~ie (l(,(lIIiiellt issued in he corresponding number of copies. :lft;7e~ 3.. The transfer of property of a national aircraft covered l)V (cit dicate of ii rworthiness must he communicated in writing by the as well as by the buvei. within a period of ten days. to the Direct oral e General of Civil Aeronautics, which will annul the regis- tration and issue a new certificate of airworthiness with the appro- lint e iiioW heat ions in favor of the new owner. Tf the sale is effected outside the country, notification of the transfer shall be made within the same period of ten days to the consular au- jes who in turn will notify the Directorate General throii~h the Ministry of Foreign Relations, and the Directorate General will annul t1 e cm paiid~n~ registration, and issue a certification to the inter- estdd part v. :1 ,fc7c 3G. The 11 ect' ate C mera~ of (~ cii .~. :`~on:tiil ics shall 00- pose to the Executive the regulation of technical conditions and re- quirements to he fulfilled for permits or licenses to build and test airplanes in the Republic. PAGENO="0855" AIR LAWS AND THEATIES OF THE WORLD 845 CHAPTER IV. PILOTS AND OTHER AIRciL~rr PERSONNEL Article 37. No person may exercise the profession of aircraft pilot in any of the categories referred to in Article 45, nor of aerial navi- gator, mechanic or radio telegrapher, without previously having ob- t ained t lie respective license. Article 38. Aeronautical license is deemed to mean the. document which establishes in the holder the competence to exercise the specialty designated. Article 39. These licenses shall be issued subject to approval of the goo(l habits, qualifications aiid health of the person concerned, through appropriate, information, theoretical and practical examinations, duly verified, and a medical certificate issued by specialists authorized for the purpose. by the Directorate General of Civil Aeronautics. Article 40. Licenses for pilots shall be of the following classes: a) St.udent pilot; b) Private pilot; c.) Commercial pilot, categories A and B. d) Public transport. pilot. These classes shall be l)ase(l upon the number of flying hours, types of aircraft flown. aiicl technical knowledge of the applicants. Art;cle 41. The license of student pilot gives the holder the capacity to fly as pilot of the class of aircraft for which he is authorized, and enables him to land on any airport other than the one of origin, pro- vide.d that it. be open to air traflic, and subject to a prior license re- quested from the Directorate General of Civil Aeronautics; but the holder may not carry passengers or leave the national territory. This license does not authorize the holder t.o compensation of any kind for his flights. Article 42. The license of private pilot, gives the holder the capacity to fly as pilot of the class of aircraft for which lie is authorized and enables liini to land on any airdrome other than that of origin, pro- vicled that it be open to aerial traffic, with the righ Ito carry passengers and leave the national territory. This license does not authorize the holder to receive compensation of any kind for his flights. Act;c'le 43. The license of coimnereial pilot g~ves the holder the capacity to fly as pilot, of single or multi-engined airplanes of a total weight it, greater han 400() kilograms, and eflal)leS him to land on any airport other than that of origin, provided that ii he opeii to air traffic and not more than 500 kilometers distant.: pilots in Category A shall have the right, to carry passengers and merchandise, and Cate- gory B to carry merchandise only. These licenses authorize the holder to receive compensation of any kind for his flights. Holders of licenses of Categor'v A are also au- thorized to fly as co-pilot in aircraft. requiring the services of two 1)ilOt.S. ~,1 rt;cle 44. The license of public transport pilot gives the holder the capacity to fly as pilot of the class of transport aircraft for which he is authorized, to undertake any aerial activity lie chooses, and en- ables him to land on any airport other than that of origin, provided that it be open to air traffic, and to carry passengers and merchandise and leave the national territory. PAGENO="0856" 846 AIR LAWS AND TREATIES OF THE WORLD This license authorizes the holder to receive compensation of any kind for his flights. Ai~tic7e 45. The Directorate General of Civil Aeronautics shall pro- pose regulations specifying physical and technical conditions, instruc- tion, experience and other requirements for obtaining licenses as pilot of the various classes, as well as for obtaining licenses as aerial navi- gator, aviation mechanic, radio telegrapher, steward and flight in- structor. Applications for the respective licenses shall be presented by the interested person to t.he Directorate General of Civil Aero- nautics on legal stamped paper, specifying the class he wishes to obtain, and shall contain the data. a.nd have annexed the documents specified by the regulations. A it r7e 46. Fnless aeronautical ii censes are suspended or renewed ill coiiformitv with the provisions ot the preseilt law, they shall re- main in force for a peiiod of one year for the following classes: stu- dent 1)ilot, private ~ lot, aerjal navigator, a viation mechanic, aviation radio-tc1egra~)her, and steward, and for a period of six months for commercial pi lors, public. transport. pilots. and flight instructors. Iit;c7e 47. Aeronaut ica I certificates or licenses may be reiiewed for periods equal to tiie. p1e~ oris peuoL if tile l)l~ysica1 coilditiOnS, flight hours aiai exercise of specialty of tile applicant ill tile last. perio(l is sat.jsfactor to the Directorate General of Civil Aeronautics, and they shall be approved in tile same maniier employed in issuing tile original lice~ise. U/~(7( 48. `fire Directorate General of Civil Aeronautics shall pi~0- in~ regulations tO deterniine the causes for temporary suspension or pe~iiìaiient cancellation of aeronaut ica.1 licenses or certificates, as well as tile exaininat ions, inspections or Oilier requiremeiits for tile restitu- t ion of suspended (ert i heat es. .1 ,t;~7~ 49. Military pilots shall be issued civil licenses, upon appli- cation, ill the category corresponding to their experience, knowle.dge~ hours oF SOlO i-I~ght. and types of airplanes flown in the Air Force, but. with ~e~nird to cont:iierciul or pui)11c transport licenses, all require- ineilts es~ eblislieci iv this law and the regiilat ions must be fulfilled. IIi~avt ive military pilots shall be issued civil licenses under the. same conditions inent ioiied above. provide(1 application is niade within 12 months following the inactive si aflis and sui)ject to I)rese.I~t11ti0n of a cert ific.n te of good conduct issued by the correSpon(ling authorities. A/t;7e .:h). The I)irectorate General of Civil Aeronautics shall pro- pose to ti ie Execiit ive regulat iOns determining the. conditions under which national or foreign pilots of tile various classes may fly aircraft for whnil they are qii~ihihed on nigilt instruflleilt flights, or in simulated instrument fii~fi1ts. 01 ilIldel other ai)!lorI)Iai or s1)ecial conditions. Aiticte dl. Pilot's and other licenses foi' the. piloting of aircraft isSile(l outside tIle country shall be accepted in the Republic for the flviiig of national aircraft when they have i)een issued by a competent ant I iority or othcial agency of tile Foreign St ate in which it origi- nated) . ploVl(le(l thl~ut tile. license is in force and that it fulfills the formalities prescribed by the originating State. and that there is reci- l)rocity. T-To\vever. if such peisomi remains in tile country, lie must re- validate his license iii accordance with the applicable laws and regula- ticn.~ of the country. if six months have passed since, he began to pilot nat joull a ircr~i~i. PAGENO="0857" AIR LAWS AND TREATIES OF THE WORLD 847 ~\otwithstan(ling the preceding provisioli, if the Directorate Gen- eral of Civil Aeronautics notes lack of capacity or manifest mconipe- tence of any holder of foreign licenses iii the piloting of a national aircraft, it. shall force the holder to revalidate his license in the country. CIn~PrER V. NATIONAL AIR SERVICES AND AiR TRAFFIC Avt~cle -`2. Authorizations for the est ablisiinient of public transport aviation services or of public industrial, scientific or sanitary aviation services, shall be granted b ihe Government of Guatemala at its discretion through a system of contracts between the interested party and the Governiiient, through the. Ministry of Communications and Public Works, with the approval of the Miiiistry of Economy and Labor, for these aspects which concern it or of the Ministry of Finance and Public Credit and other agencies of tile State which it is con- sidereci pertineiit to consult, and the Directorate General of Civil Aeronautics. Such contracts shall always be concluded in conformity with the Constitution of the Republic. tile pleseilt Law, international conventions in force and other legal i~rovisions of the country that may be applicable. ~4i't~c7e ~3. For the purposes of this law, public transport. aviation services are divided into national or local, and international. Aiticle 54. National public transport aviation services or national public aviation services of another class shall only be performed by native Guatemalans, as defined in Article 6 of the Constitution, or by Guatemalan corporations or enterprises in which at least 51 percent of the capital belongs to native Guatemalans. Such services shall always utilize aircraft, of national registry. In corporations constituted for this purposeS no unregistered stock may be issued. Art c7e 55. The offer or proposal of a contract shall he made by the interested l)aIty to the Ministry of Communications and Public Works, on legal stamped papet. The Ministry of Communications and Pub- lice W~orks after consulting the Ministry of Economics end Labor and of Finance and Public Credit and other agencies of the Stale con- cerned, in regard to aspects which concern them, shall transmit the con- t.ract to the Directorate General of Civil Aeronautics within ninety days counted from the date of pr~emitat ion. In conformity with Clause 2 of Article ~ of the Directorate General of Aeronautics, it. shall stud such oiler of proposaL end shall report I iiereon with its recommendations on the matter to he Mm ist rv of Conimimnieations and Public Works. within a term of tli it v d avs. corn ~te(i from the date on which the apl)licatiori has been received. Article 56. The application or proposal for exploitat~oii of national public transport aviation services, or other national public aviation services, shall contain the following data 1) The full name. and (lOmicile of the applicant or proponent., end if it is a legal entity, evidence of its lncorl)orat ion and statutes; 2) If the service is for passenger tran~port. or for pas~engers and cargo. a description of the type of mnultiengine aircraft to be use(l, as well as a.n indication of the radiocommunication equip- PAGENO="0858" 848 AIR LAWS AND TREATIES OF THE WORLD nient and other important accessories which are to be utilized; it shall be stipulated, however, that in the case of an emergency or rescue, the Government. may authorize the use of single-engine aircraft, sulpe.c.t. to permission of the Ministry of Comniunications and Public Works; 3) If it concerns any other public aviation service., the. nature thereof. the means for its accomplishment and an indication of the economic utility or public benefits which it will bring to the. corn- munity; 4) Data and proofs regarding the financial and technical re- sponsibility and capacity of the applicant or pi'oponent for the performance of the iroposecl service under conditions of efficiency and safety: ~) The rates which the applicant or proponent intends to charge the public for the projected service. -i ~ :7. Contracts for national piil1ic aviation transport services or other public aviation services, ~hahl he subject, among other con- ditions. to the following essential stil)ulatiOns 1) Indication of the routes, their jtineraries, time-schedules and minimum frequencies. or the nature of any other service proposed. ~ ) The service may not he suspended or mo(lihed without express permission from the I)irectorate General of Civil Aeronautics, except by reason of toice ii1rr/cl//P or meteorological conditions which make flights and landings dangerous. 3) The carrier shall regularly commun (`ate to the 11 )i rectorate General of Civil Aeronautics the names and Particulars of the pilots and other crew members in their aircraft, as u-el] as changes in the list thereof. 4) subject to consultation and approval of the Government, the carrier may construct its own landing fields or improve exist- in~ ones, with the olcject. of rendering more. efficient service, with- out prejudice to the rights acquired by other companies: likewise, it. may construct on any public airdrome of the Republic the buildii~s necessary for its operations. IS) Contracts for public transport aviation services or other public services shall be granted for a maximum inital period of twenty years, and may he renewed for maximum additional periods of ten years each, provided that the service, rendered by the. carrier is considered adequate and satisfactory in the opinion of the Directorate General of Civil Aeronautics, and the latter shall recommend the renewal or renewals. The maximum initial period of twenty years shall he. granted only when the soliciting carrier firmly commits itself to build structures and installations which require substantial expendi- tures. There shall he attached to the contract proposal, the plans for nro~ect ed constructions and nstallations, as well as their re- spective budgets. The above mentioned structures and installations shall he built within a term not lon~er than five years counted from the date on which the contract is signed. If the construction work to be carried out does not merit, the granting of an initial term of twenty years for the contract, the PAGENO="0859" AIR LAWS AND TREATIES OF THE WORLD 849 Ministry of Communications and Public Works may stipulate the. initial period of duration for the coiitract, in accordance with the sum to be invested in the. structures and installations. The renewal of the contract iii these cases shall not. exceed one half of the duration of the initial period1. 6) Upon termination of tile contract or its renewals, provided that. the contract has subsisted for a term of twenty years, the structures and services shall pass iii perfect condition of service, to the State. Iii the event. the, contract has not. subsisted for twenty years, such I)l'operty and services shall l)i15s to the State, after deduction of the. prol)ortionate value of the time remaining to the, conclusion of the. term fixed in the contract. 7) Contracts may he revised at the request of any of the con- tracting parties at intervals of not less than five years, and shall it be uwlerstoocl that modifications shall be. effected whenever they are to the benefit. of the public, the contracting parties, or when required by iml)rovelllellts in technique. Revisions on the part of the Government shall be made at. the proposal of the. Ministry of Conimunications aiicl Public Works. 8) The carrier shall transport mail for the Government, in accordance, with a subsidiary contract which it must conclude with the Directorate General of Ports and Telecommunications, upon proposal of the latter which shall establish the proper con- ditions and rates. It is to l)e understood that such a subsidiary contract shall riot conflict with tile provisions of the principal coiitract. 9 ) The (jovernmnent shall grant, to the. carrier, except for con- sular fees and a certificate of origin, the. free importation, during time existence of t lie contract or its renewals, of all materials neces- sarv for its estal ~l ishnient, maintenance, preservation, service and service, including the. road tax on av~ation gasoline when it is for the exclusive use of the service. 10) The contract shall contain other facts, ternis and conditions agreed by I he. parties and fixed b the Government. ~! ~ 58. Aircraft belonging to companies engaged in the trans- poll atioim of cargo may not larry passengers, except peisonmiel of the so nie. conipanv. in Whl jehi case. there imia not. be more than three ler- SoilS of suell ~oiiii~aiiy, other than the crew. iii time same airplane. When it concerns tI ie transportation of live animals, their owners or their representatives may also travel in cargo aircraft. whieii they acc.oml)any their special cargo in the same airplane. Iii any case, not nore t ha ii three l)eIs~n~~ in av travel jil the same airplane. ~i~t,e7e 59. After the contract. is approved by the. Executive of the Republic, every carrier shall deposit a guarantee of Q1O,000 before commencing operations~ for the purpose of covering liability which may arise against it. Jit'~e7e 60. Enterprises other than air carriers, or individuahs who wish to operate a~reraft for the transport of their employees andl prod ucts ma~ apply for permission to the. Ministry of Communications and Public WTorks for consideration, and such privilege may or may not be granted by the Government. Such application shall specify the type or types of aircraft. to he utilized and other characteristics: and if permission is granted, it. shall PAGENO="0860" 850 AIR LAWS AND TREATIES OF THE WORLD i~e for periods not greater than six months, anti the, enterprise or in- dividual shall he suJ)ject to the. irovi~~ons of this Law. and shall l)I'O- vide the 51101) or shops with adequate pei~oiine1 and eqUipment as indicated by tl~e. Directorate General of Civil Aeronautics for the Maintenance and safety of the aircraft. Aircraft based in another country and belonging to enterprises which, for business reasons, transport only its own eml)loyees. shall be considered aircraft in transit. and rue installation of shops, therefore, shall not be conipulsor'v. Ai'ticle (11. In all cases in which, in the opinion of the Ministry of Communications and Public Works, a contractor renders, on its con- tractual routes, efficient. safe and economical services, adequate to the traffic demands, no duplication of such routes shall be perniitted, subject to the ruling of the Directorate General of Aeronautics and other agencies concerned. Jitc(~' CL Any contract made with air carriers, or other aviation services. univ be (an('el led at the opt ion of the Government through the Ministry of (~onmninidations and Public `Works, for any of the following reasons: a) For alienating or mortgaging the rights acquired under the contract to a foreign goverluilent or accepting a p~irtiier or corporation control led by foreign government. b) For offenses committed against the sovereignty of the coun- try or which constitutes treason against the State or its inditary security or suppresses its constituted authorities, when its ~~uilt is declared by the competent. authorities, and without l)reludtce to the application of ensuing legal proce(luLes alI(i the cOI1eSI)()nd- ing criminal responsibility. c) For complete interruption or susl)ension of scheduled flight service during fifteen c.onse(Iltive clays, except in ca~s of duly ved ~mnfi iiesee~i il 1 (Itt till acm' V 01' TO/ri' I//If/eli i-c. ci) For use. dillerent from the service, the materials all(l other articles iiiiported duty free, or for flagrantly abusing the privilege of free iuiportatioli e) For cli ssol mit iou of the t Fin f) For violation of basic conditions of the contract: and g) For any other reason agreed to in the contract as a cause for termination or cancellation. Ji~tc7e 63. `[pon recommendation of the T)irectorate. General of Civil Aeronautics the Ministry of Couiimnunh'ations and Public 1,Voi'ks may authorize national aim' carrier~n or national enterprises for other aviation services, to etiect surveys and studies of routes not exl)loited or new applications of civil aviat ion for the economic benefit of the country, for the pul'pose of (`ompiling (lata and proof concerning the establishment, of aerial transport services or othiei' projected services. Such authorizations shall l.e for a maximum period of three months, but for suitable reasons may be renewed for up to two additional pe- riods of three months each. Article 64. The Governu I/nt. t lii'oii~ti I its competent authorities, ma always establish prohibited areas over which no aircraft., in private or public service, national or foreign, shall be permitted to fl-v. Ai'tiel~ 6.5. it. is definitely prohibited, without express permission from the competent authorities o~ the Republic, to trans] ~ort aims, PAGENO="0861" AIR LAWS AND TREATIES OF THE WORLD 851 ammunition, explosives and articles which by their inherent nature are dangerous; it is also prohibited to transport persons in a state of intoxication or under the effects of stupefying drugs, or to trans- port mentally ill patients. without express permission of the com- petent authorities and without. due precautions. Jrticl~ 66. It. is definitely prohibited to execute acrobatic maneu- vers, except by special permit by the. Directorate General of Civil Aeronautics, which shall prescribe in such permit the conditions of such maneuvers. In no case may t.hey be executed over populated areas or over airdromes when they may disturb or endanger the land- ing or take-off of aircraft. Jit~7e 67. The Directorate General of Civil Aeronautics shall pro- pose, when it. deems it necessary and in conformity with local necessi- ties and the development of aviation, all matters relative to aerial traf- fic. within the Nation during daytime as well as mght time, always in consideration of the public interest and safety, but without causing prejudice or burdensome or arbitrary restrictions on commercial avia- t ion, and hearing and considering the opinions and observations of the enterprises affected. CII.~rTER VI. FOREIGN AIR CARRIERS AND INTERNATIONAL SERVICES Aiticie 68. The. government of the Republic, through the. Ministry of Communications and Public Works, is empowered to contract. wit.h air carriers for the. establishment and exploitation of international public transport aviation services. Such contracts shall always be in conformity with the Constitution of the Republic, international con- ventions, this law and the other pertinent, laws, and the respective regulations. j,~t;e7e 69. The provisions of articles 56, 57, except clause 3 there- of, articles 58, 59, 62, 65, 66 and 67 shall be applicable to cont.racts for international services. Aft;c7e 70. With the exception of aircraft of foreign carriers duly authorized to operate in the country, all foreign aircraft, civil or military, in order to be able to land in the Republic, shall apply for permission to the Ministry of Communications and Public Works, through the Ministry of Foreign Affairs, or directly to the first-named Ministry through their representatives or delegates in Guatemala. The application shall be submitted at least twenty-four hours in advance and shall contain the following data 1) ~amne of the owner. 2) Point of departure and purpose of flight. 3) Airport of destination and approximate dat.e of arrival. 4) Make and type of aircraft. 5) Registration of aircraft. 6) Names of crew-members. 7) Number and nationality of passengers, if any. 8) Approximate date of departure, and destination. National civil aircraft wishing to leave or enter Guatemala shall apply to the Ministry of Communications and Public Works, giving the same information. A i'ffrle 71. Aircraft belonging to carriers with international services which are. authorized to operate in the country on a fixed itinerary, PAGENO="0862" S52 ~iu LAWS AND TREATIES OF THE WORLD and winch make un~clieduled landings or departures in the country at the airport of airports of usual operation, shall be exempt from the 1e(1uh1eiiiCflt of prior p~~~O1L but within twenty-four hours after sin'li unusual movements they shall report them to the Directorate General of Civil \eronduti(':~. thioiurh its local representatives or niana~ers. specifying 1) The )Oii~t of departure or purpose of flight. ~) rj~~ irpoir of (lesnnation and approximate date of arrival 01 departiiie. 1) The regist ration of the aircraft; and 4 ) The nun ii )C r a ml flat i on alit v of passengers, if any. .1 ,t~i 2. The Miiiistiv of (`omniunications and Public. Works may grant. pernIisHiOii to foreign airraft, not authorized to operate in the country. to niake flights within the territory of the. Repul)lic~ not toy profit. hr pcmio(ls not exceeding three months. S~iicl period may be renewed at I i discret ion of t lie. above mentioned Ministry. 1 ,K] ~`-J. Every foreign or national aircraft entering or leaving (illa t eiii ala must 1 anti or take off at an a i rport. The commander of a foreign or national aircraft which by reason of foice rna~evve or emer- gency, has to land at. a ~ other than the airport of entry, shall ~ sent himself within the shortest possjble time to the. nearest authority I Or purpOSeS of the necessary control. :1 It/(i(~ 74. Foreign as well as national aircraft flying over, or land- ing in nat iomial teiii tory shah I l~e Snl ~ect to the regulations issued by I lie Miiiistiy of Coiiiniunicntioiis and Public Works, esl)ecia]ly those relating to traflic in the vicinity of airdromes, and then faithfully ob- serve the legal provisions regaiding customs matters, transport of per- sons and goods, poi ice and sanitation. A /t;c7( 7.~. I~oreign carriers authorized to operate international services in the country shall notify the Ministry of Communications and Public Works iii writing, at least fifteen (lays in advance, of any changes in their rates, only verified in tccordance with the terms and condit ions of its contract and international conventions on the matter: a similar notification shall be given with respect. to changes or inodi- fic.at.ions of time. schedules and itineraries. J/t;c((' 76. No foreign aircraft shall be. permitted to fly or operate in the national territory unless it complies str~ct1y with the presCrip- I ions of the law of its ountry with respect to registration marks, usable weight, safety devices and all the other requirements established in its registration certificate, airworthiness certificate. and other pe~n- nent. documents, as well as the provisions of this law. I et;~i~ 77. Personnel employed by the carrier in the territory of I lie l~e1)ul)l Ic. shall conform to the Lal)or Code with respect to per- emitage. of Guatemalans and foreigners, with the following exceptions: 11 \Vliemi. foi lack of Guatenialaii tedhIni(al l)elsonmiel, it is mi- I ossible for a ci uriem to mainta iii the limit established in such (ode and the case has been submitted to the Miuiistrv of Communi- (at.ions and Public \Vorks wit Ii the consent of the I)irectorate (~eIu'1al of Civil Aeronautics such cit iiiems shall undertake to rain Gnat e.malan persolmel in eveiv way possib)le for the purpose of fulfilling tile perce1ltitge~ estahi isluei i by law: ~ ) ~Vii hi ie~taid to carriers engaging in international nil ransport, when such opelal ions ame effected midet a valid treats PAGENO="0863" AIR LAWS AND TREATIES OF THE WORLD 853 concession, contract or permit, the peisomIilel of ii temporary or mobile character are exempted from these provisions with respect to international operations. CIL'PTER VII. AIRDRoMES, Amnpon'rs, AND O~riii~n GROUND INSTALLATiONS Ai~t;(7e 73. An airdrome shall he (leeliled any i)1ace 011 lall(l, water, lake or river, intended for the departure, arrival, parking, and control of aircraft. _I jfh~7~ 72. A ii'dromes are ci ossified as of the flr~t, second an(l third category: a ) A irdronies of he first categoiv. or airports, are deemed those which lo~e~ services for (ustomns, immigration. sanjtary control, police, communications. parking. fueling, and service to aircraft; I)) Airdromes of the second category are deemed those which posse~ services of police, communications, parking, fueling and service to the aircraft: c) Airdromes of time third category, or emergency airdromes, are deemed those which do not possess all of the services referred to in the. foregoing clauses. but are used for occasional landings. Ai'fie7e 80. The. Directorate General of Civil Aeronautics shall estab- lishi the minimum required dimensions of all airdromes, in accordance with their category, as well as their respective identifying characteris- tics. The Directorate General of Civil Aeronautics shall require that no structures of any kind be erected within three hundred meters of either end of airdrome runways, of such height. that. a straight. line projected from the closest extremity of the runway and tangent to the. highest. part of the structure, forms a gradient greater than three perceimt with the horizontal of such runway ends. Article 81. Airdromes are divided into: a) Those in service of the State b) `lihose in public service ; and c) Those iii h)I'i\ate service. Avticle 82. Airdromes of the State ale those which are owned by it and for the exclusive use of its aircraft; public Service air- dromes are. those open to the free access of aerial traffic and they may be owned by the State or by private pe~~onS. and in the latter case they may be authorized for corporations or individual enterprises. Private airdromes may be authorized only for Guatemalans or na- tional legal entities. Aifcle 83. The airdromes referred to in subparagraph b) and c) of Article 81 shall automatically be subject upon their authorization to free service, of landing and take-off for all aircraft of the State, and subject also to official inspection, to tIme laws and regulations, and to all tile teimns of their authmorizat ions. ;t:/;(lc 84. III niixed airdromes, that is, those opeil 0) public service, but. which may have, elements belonging to time. Air Force located on them, time zones of influence of time military and civil authorjtics.simahl be specified so that. a conflict of authority, contrary to good organiza- tion, will he avoded. PAGENO="0864" 854 AIR LAWS AYD TREATIES OF THE WORLD Specifically, it is estal)lished that the maintenance and iniprovenient of the runwa s, as well as the taxiways, shall be under the direction and supervision of the engineering section of the Directorate General of Civil Aeronautics which will consider the suggestions matTe by the Air Force Command. Article 85. All State-owned buildings located in the area belong- ing to the service of civil aeronautics are under the command, care, maintenance, direction, inspection, and vigilance of the Ministry of Communications anti Public Works, which, will operate through the Directorate General of Civil Aeronautics, which, in turn, may operate, when it deems convenient, through the Chief of the Airdrome. Article 86. The control tower and its personnel shall appertain di- rectly to the Directorate General of Civil Aeronautics, which will select the operators. and endeavor to provide them with instruction and training of the highest quality in all respects which their delicate task requires. Ait-;cle 87. All State-owned buildings which are erected in airdromes open to the public service, mixed or not, for the service of civil avia- tion, shall be under the jurisdiction of the Ministry of Communica- t ions and Public Works. Article 88. Lands and works which are deemed necessary to the air- dromes of the State. and for public service in General, shall be con- sideied to be of p111)11c utility and sul)ject in each case to expropria- tion. and such expropriation shall be required in such case to conform to the law on the subject. wt;clt' 89. Applications to estal)lish private airdromes for public or private service, shall be presented to the Ministry of Communica- tions and Public \Vorks. anti shall clearly specify the given and sur- name of the applicant, his nationality, the exact location of the air- droine and the type of work to be carried out in the event that it is not found to be in condition for immediate service. Ait;cle 90. The Ministry of Communications and Public Works shall regulate the form and contents of apl)lications for the establishment of private airdromes for public or private service. Ait;cle 91. The owners or operators of private airdromes in public or private service shall send to the Directorate General of Civil Aero- nautics each month a precise report of the activities carried out during the previous month. Article 92. Radio communication installations in general, in the airports of the Republic, shall he nuder the control of the Directorate General of Civil Aeronautics, which will exercise the control through its corresponding agency. Article 93. Air carriers anti other affiliated companies, may request from the Ministry of Conununications and Public Works permission to use civil airdromes of the State. and to construct on them hangers, shops and all buildings destined for these services, as well as installa- tions for the supply of fuel anti any others used t.o such end. Said Minist iv shall determine the terms and conditions as well as the dura- tion of such l)er1lljt~. Such structures and improvements shall become the l)ropei'ty of the Nat ion when such pe.riod expires and under the same conditions established in clause 6) of Article 57 of this Law, and in conformity with the principal contract. PAGENO="0865" AIR LAWS AND TREATIES OF THE WORLD 855 Article 94. The Directorate General of Civil Aeronautics shall super- vise the construction and functioning of airdromes and airports open to public service, and those open to private service, insofar as it. affects the efficiency and safety of commercial aviation; it shaJi propose regulations, in conformity with local necessities and the. development. of aviation, for the operation of airdromes and airports, the move- ment of aerial traffic in arrival, parking, and departure. Article 95. All income to t.he. State derive.d from the rent of all classes of real property and installations used in air services, taxes on aerial traffic and landings shall form a. special fund to he used exclu- sively for the construction, maintenance and improvement of air- dromes. Article 96. In the administrative buildings in the airports of the Republic, the highe.st authority shall be the Chief of Airport of each airport, and in their respective fields, the representatives or delegates of the Ministries which, by law, must control the services of customs, immigration, etc., but who will be subordinate, with regard to coordi- nation of the provisions enforced or dictated in such centers, to the above mentioned Chief of Airport; all authorities shall be subject to t1a administrative regulations to be issued through the Ministry of Communications and Public WTorks in order to harmonize the func- tions of the personnel. CHAPTER VIII. Civir. LL~n~~I.rry Article 97. Carriers and other national air service enterprises shall assume financial liability for damages, including bodily injury or deaths, caused to passengers, through the legally established negligence, inexperience or imprudence of the enterprise, or its sub- ordinates or employees in the transport of the same: they shall also be liable under the same circumstances for the loss, destruction, theft. or other damages caused to baggage or merchandise or commercial goods transported. Article 98. They shall also be liable for damages caused by delay in transport services, when this delay is caused by reasons imputable to the enterprise and not based on reasonable precautions for the safety of the passengers and the goods transported, or on measures taken to avoid unnecessary exposure to risks or danger. The liability prescribed in this Article shall be. limited to a maximum of ten percent of the value of the damages proved by the passenger, and to ten percent of the declared value of merchandise. Article 99. In all cases of liability, the enterprise may be totally exonerated if it establishes legally that the accident or delay was caused by force majeure or an unforeseeable accident, and that. the. enterprise adopted all measures and technical precautions in its power to avoid the accident or the delay. Article 100. In the case of gratuitous transport, the enterprise shall be liable only for a duly proved intentional act or gross negligence. Article 101. Except for express agreement between the enterprise and the passenger or shipper, t.he liability of the carrier as provided for in Article 97 shall be as follows: for accidents, a maximum of Q5,000.OO per passenger. In the case of merchandise, the carrier shall be liable for the total value thereof, and in the absence of documents to 39-737-65-vol. 1-55 PAGENO="0866" 856 AIR LAWS AND TREATIES OF THE WORLD testify to their value, this will be appraised according to its quotation in the local market; however, liability value of Q2.OO per kilogram of the total weight of the merchandise transported. In the case of loss or theft of merchandise or baggage, the liability of the carrier shall be the same as stipulated above. Article 102. With respect to baggage and merchandise transported, the carrier shall give a choice to the passenger or shipper to fix a reason- able value for his property and shipment., provided that for valuations which exceed the limits mentioned above, the passenger or shipper shall pay the corresponding additional tariffs which have been approved by the Ministry of Communications and Public ~Works. Art;cle 10.3. Civil liability of foreign or national carriers in the case of international transport shall be. governed by international conven- tions in force, duly adhered to, and ratified by the Republic of G-uate- mala. or which may be adhered to and ratified in the future. In the absence of such conventions, this law and the other pertinent laws of the Republic shall govern, when the damage has occurred in the na- tioiial territory. Article 104. Any agreement between a carrier and its passengers or shippers which stipulates a lesser liability than that prescribed in this law shall be void and without legal effect. Article iO.i~. All air carriers shall be subject. t.o strict liability for any damages caused to pei~ons or private property by reason of the crash of an airplane or forced landings, or objects falling or thrown out of an airplane. when such damages occur in Guatemalan territory. However, the respective indemnifications shall be limited to a maxi- mum for each accident of Q5.000.OO per person and of Q40,000.OO for the total value of persons or property injured, desti'oyed or damaged. 4rticle JOG. In all cases where the person injured or killed, or the owner, shipper or custodian of t.he merchandise transported or the goods damaged on the grolifl(l, is at. fault, the liability of the carrier shall be lessened or extinguished depending on the degree to which it ~ p'~~ that such fault or negligence contributed to, or caused the damages and injuries. A itic7e JO~, Xo carrier may take advantage of the maximum limits of liability fixed by this law when the accident or damages may be imputable to criminal or intentional acts and omissions of said carrier, without thereby affecting the criminal liabilities arising therefrom. A it;cle 108. With respect to accidents caused by an airplane on the giound to third persons or to the property of third persons, or through negligence iii the handling of flight equipment or ground transport, or through the fault of ground employees or subordinates of the car- rier, the liability of public carriers shall be governed by the common laws of the Republic. Arficle 109. Every public carrier, foreign as well as national, which operates in the country shall have a duty to take out insurance to cover its liability towards passengers, shi1)pers aiicl third pel'sollS, at. least up to the. maximiuui amounts established by this law; such policies shall be taken out with insurance companies of recognized solvency. Arf;ele 110. With regard to liability toward its employees, laborers or workers in the country, public carriers shall be governed by the existing or future provisions of the laws and regulations of Guate- mala on the matter. PAGENO="0867" AIR LAWS AND TREATIES OF TIlE WORLD 857 Article 111. The liability of public carriers with respect to mail transported shall be governed by the respective contract between the carrier and the Government. Article 112. The provisions on civil liability prescribed in this law are not applicable to the owners, operators or exploiters of aircraft engaged in aerial work, tourism, study or experimentation. Such aircraft shall be governed by the common laws of the Republic. Article 113. The Directorate General of Civil Aeronautics with the support of the Ministry of Communications and Public Works, shall study, report on, and do everything possible for the establishinent in the country of a system of insurance offered or backed by companies of adequate financial responsibility, to the end that the public may have an opportunity to enjoy additional protection, with respect to trips or shipments by air, through the payment of moderate pmiums. CIIAvrER IX. ATTACHMENT AND STATFTE 01" LIMITATIONS Article 114. Except in the case of mortgages as provided for in this law, attachment or judicial detention shall not be imposed on an air- craft used in public tra~nsport service, whose owner has complied with t.he provision on guarantee prescribed in Article 59 of this law. Article 115. The right to bring action for damages or other indemni- fications against public carriers shall terminate with respect to persons and property after a per!od of one year counted from the date of the accident, or act or omission which caused it. CHAPTER X. AERONAUTiCAL AcC1DEN `I'S Article 116. Any official having knowledge of an aerial accident must immediately advise his immediate superiors and the~ nearest aeronautical authority by the most rapid means. Matters of immediate aid to persons shall be governed by the exist- ing regulations on this subject. rrhey shall provide further as to a guard over the aircraft or its wreckage, assuring, insofar as possible, that nothing is removed until the proper authority is informed and acts accordingly. Aiticle 117. In every case of accident, the Directorate General of Civil Aeronautics shall send a technical commission for expert investi- gation, in order to issue an opinion concerning the possible causes of the accident and concerning alT other measures which it considers necessary for finding the cause of the accident and determination of responsibility. The Directorate Geiieral shall send a copy of the results of its official investigation to the company affected and to the corresponding j uclicial authority. Article 118. When the accident occurs at sea, the authority which obtains knowledge of it shall inform the nearest maritime authority by the most rapid means, so that assistance may be provided. The commander of the naval unit sent to aid shall make an inven- tory of the objects recovered and obtain all possible data, and ~halI report to the judicial authority which has jurisdiction over the matter. If possible the aircraft shall be towed to port wfth all precautions necessary to prevent aggravating the damage. PAGENO="0868" 858 AIR LAWS AND TREATIES OF THE WORLD Article 119. The Directorate General of Civil Aeronautics shall in- form the Mirnstry of Communications and Public Works &f aeronau- tical accidents, and the latter, in its turn, shall inform the Ministry of Foreign Affairs when a foreign aircraft is involved. Article 120. As closest aeronautical authority, the Airport Captain or Airdrome Chief shall personally be present at the site of the acci- dent, provided that said accident occurred at the airport under their command or in its vicinity, and facilitate rescue measures. An imme- diate and itemized re.port covering the circumstances of the accident must be forwarded to the Directorate General of Civil Aeronautics so that it may in turn report to the Ministry of Communications and Public Works. Article 121. Under penalty of a fine of from two to five hundred Quetzales, public air carriers, their attorneys or legal representatives, without exception, must report to the Directorate General of Civil Aeronautics all accidents occurring to their aircraft in the territory of the Republic or its territorial waters as soon as they have knowledge thereof. CHAPTER XI. FINAL PROVISIONS Article 122. Where penalties are not specifically stipulated in the corresponding articles, and where they do not constitute violations of law provided for in the Penal Code or in other laws, violations of, or failure, to comply with the provisions of this law, shall be punished by fines or by the suspension of aeronautical license or both. Such pen- alties shall be imposed by the Directorate General of Civil Aeronautics, in accordance with the gravity of the violation, and according to whether or not the person committing the violation is a first offender. The fines may not be less than Q 25.00 or more than Q 500.00, and the suspensions may vary from fifteen days to permanent suspension. The fine shall be paid to the National Treasury or to one of its agencies within seventy-two hours counting from the time specified in the notification describing the penalty. The Directorate General of Civil Aeronautics shall forward a copy of this notification t.o the National Treasury. The Directorate General of Civil Aeronautics shall immediately advise the Ministry of Communications and Public Works of the reasons and penalties imposed upon transgressors. Artic7e 12-s. Military pilots shall be exempt from the foregoing penalties; but violations which they commit. shall be reported to the Ministry of National Defense so that it may order the corresponding military authorities to impose the required disciplinary measures. i rt~cle 124. In the event of a violation of Article 4, there shall be imposed a fine of no less than Q5.0O or more than Q10.00, and the air- craft shall be detained until the fine is paid. A ,`fel,~ 12.5. Public air carriers shall be penalized with fines which shall he imposed in conformity with Article 122 when they are in- volved in any of the following infractions: I ` Obliterating registration markings or permitting them to l~eeome illegible; 2') Placing in circulation aircraft. with more than one nation- alitv: PAGENO="0869" AIR LAWS AND ThEATIES OF THE WORLD 859 3) Not reporting to the Directorate General of Civil Aero- nautics substantial changes or repairs made on aircraft; 4) Using, without previous special authorization, radio com- munication or signaling apparatus; or having the permission, using them with unauthorized personnel; 5) Maliciously destroying a log book or entering incorrect data; 6) Not insuring their flight personnel in accordance with the provisions of this law; 7) Permitting the operation of public transport aircraft by a per- son not in possession of the certificate of aptitude and the license to practice the profession. In this case, the penalty may be as much as the permanent suspension of the airworthiness certificate; 8) Employing aircraft with knowledge of structural defects or of poor quality of materials used in their construction. Article 126. All legal provisions contrary to this law are repealed. Article 127. This decree shall enter into force on the date of its publication in the Official Daily. Pass to the Executive for publication and enforcement. The twenty-eight day of October of nineteen hundred and forty- eight, fifth year of the Revolution. PAGENO="0870" PAGENO="0871" GUINEA Guinea applies the French Code of Civil and Commercial Aviation. This code is being re-written in accordance with Guinea's require- ments as an independent nation. 861 PAGENO="0872" PAGENO="0873" HAITI Decree of November 16, 1960 1 Article 1. The Secretary of State for Commerce and Industry, in consultation, if necessary, with the Secretaries of State concerned, shall be charged with the regulation, administrative and development of civil aviation in Haiti. For that purpose a Civil Aeronautics Service is created at the Office of the Secretary of Commerce and Industry and placed directly under the Secretary of State. Article ~. Regulations concerning civil aviation shall be issued by ordinances of his Excellency the President of the Republic on the pro- posal of the Secretary of State for Commerce and Industry, made in accordance with needs in agreement with the Secretaries of State con- cerned. Artcie 3. Violations of the ordinances aiid regulations issued in ap- plication of this decree shall be punished by a fine not exceeding two thousand gourdes, or by imprisonment the duration of which may not exceed six months which will be imposed by the Civil Court in its capacity as criminal court, by both penalties in case of repetition. Without thereby affecting the above penalties, violations of the ordinances and regulations issued in application of this decree may cause the withdrawal, suspension, cancellation or limitation of any certificate, license, or other document issued under such ordinances or regulations. Article 4. This decree abrogates all laws or provisions of law, all decree-laws or provisions of decree-laws in conflict therewith, and in particular, the Laws of October 29 and 30, 1948, concerning certain questrnns of civil aviation; this decree shall be applied by all Secre- taries of State concerned. Decree of December10, 1960 2 CHAPTER I. GENERAL PRovIsIoNs Artcle 1 (Definition). For the purposes of this decree and all other ordinances or regulations issued in application of the decree of No- vember 16, 1960, an "aircraft" shall be deemed any device capable of maintaining themselves in the air due to the reaction of the air, whether they be lighter or heavier than air. Article ~. 1) (State aircraft and civil aircraft). Aircraft are divided into: 1. State aircraft used exclusively in public service, such as aircraft of the armed forces, customs or police, and 1 Published in Le Afoniteur, vol. 115. No. 109. November 17, 1960, p. 465. 2 Published in Le Moniteur, vol. 116. No. 21a, February 16, 1961. p. I 863 PAGENO="0874" 864 AIR LAWS AND TREATIES OF THE WORLD 2. Civil aircraft. 2) Fnless otherwise provided, the provisions of this decree shall not apply to State aircraft.. CHAI~r1~R II. REGIsmATIox OF AIRCRAFP A,~e7c 3. The Civil Aeronautics Board, under the jurisdiction of the Secretary of State for Commerce and Industry, shall keep the Haitian Register in which shall be recorded: a) 1-laitian State aircraft, with the sole exception of military aircraft; 1)) Civil aircraft which are the property of -at least one half of Haitian citizens -in whole, of a Haitian company or companies, -of foreigners domiciled in Haiti or whose aircraft are based in Haiti. 2) All aircraft registered in accordance with the provisions of this chapter require Haitian nationality. A~~t;7~ 4. (Application for registration) 1) Registration shall be requested from the Civil Aeronautics Board by the owner of an air- craft. 2) Such application shall be accompanied by the following docu- ments: a) a document showing that. applicant, is the owner; b) if the applicant is a foreigner, a certification that he is domiciled in haiti, or a declaration that. he intends to base his aircraft in Haiti: c) a copy of the valid airworthiness certificate provided for in Article 12 below: c) and further, if the aircraft is imported I. A certificate that customs duties and other taxes have been paid, unless there is an exemption by the President, awl II. Official certification that such aircraft is not registered in a foreign register or that such registration has been stricken. 3) However, if, at the time of application, a lawfully imported air- craft has not been stricken from a foreign register, the Civil Aeronau- tics Board may issue to the owner a temporary flight permit. valid until notification is given that the registration has been st.ricken, but such validity may not exceed 60 days. Article 5. (Registration) 1) When there is compliance with the conditions enumerated in Articles 3 and 4, the Civil Aeronautics Board shall register the aircraft and deliver to the owner a registration cer- t.ificate in accordance with the form established by the Chicago Con- vention and the Annexes thereto. `2) The register and the registration certificate shall contain: a) the date of registration, b) regist.ration markings, c) characteristics of the aircraft (name of manufacturer, type, serial number), d) name and address of the owner, e) home airport of the aircraft.. 3) Also, other statements, particularly those recorded in the regis- ter of the registrat.ion office and specified in Article 21 below, may be PAGENO="0875" AIR LAWS AND TREATIES OF THE \VORLD S65 recorded on the registration which shall also contain all documents concerning each aircraft. 4) The fees for the formalities connected with registration of air- craft shall be determined by Presidential ordinance based on a report of the Secretary of State for Commerce and Industry, in agreement with the Minister of Finance. Art ic-le 6. (Changes and Cancellation) 1) Any change in the char- acteristics of a registered aircraft. and any change in ownership or home base shaH be transmitted without delay to the Civil Aeronautics Board for recordation on such date on the register and a corresponding notation on the certificate, except. that in the case of ownership there shall be issuance of a new certificate if the new owner fulfills the con- clitions of Article 3, and so requests. 2) Any aircraft shall be stricken froni the register -at the request of the owner who shall return the certificate; -e~ o~lc~o in the following cases: a) when the conditions specified in Articles 3 and 4 no longer apply: b) when the new owner does not request transfe.r of the registration, c) when the aircraft is destroyed or presumed lost. 3) Notice. of t.he cancellation shall be given to the registered owner; a certificate of cancellation shall be issued to any person requesting it. A i~t;ele 7. (Public. access) The register shall be public; any person may obtain a certified copy in accordance with the conditions deter- mined by the Civil Aeronautics Board. CHAPTER III. MARKINGS Aitic7e 8. (Nationality and registration). 1) All aircraft must bear markings of nationality and registration which are recorded on the registration certificate. 2) the nationality markings of aircraft registered in the Ilaitian register consists of the letters HH. 3) The registrat.ion markings of such aircraft separated by a hyphen from the nationality markings, consist of a group of three letters issued by the Civil Aeronautics Board to each aircraft. Article 9 (Placing, dimensions etc.). 1) The placing, dimensions and manner of affixing markings of nationality and registration shall be in accordance with the provisions of the Chicago Convention and the annexes thereof and shall be set forth in an Instniction of the Sec- retary of State for Commerce and Industry. 2) The pilot a commander shall check that the markings are at all times proper and visible. 3) A fireproof sign containing the markings and the name and ad- dress of the owner shall be affixed at a prominent place near the main door. CHAPTER I'V. AIRWoRTHINEss Articte 10 (Condition of airworthiness). The condition of air- worthiness of aircraft and the equipment necessary for their opera- tion, the nature and extent of controls to determine good flight condi- tion and the frequency and conditions of final control for maintaining PAGENO="0876" ~66 AIR LAWS AND TREATIES OF THE WORLD such condition shall be determined by an Instruction of the Secretary of State for Commerce and Industry, in consideration of the require- ments of safety and the international rules issued in application of the Chicago Convention and, with regard to the category of each air- craft, of the characteristics of its construction and the use for which it is intended. A,t;~7~ 11 (Issuance or validation of the. certificate). 1) On the basis of a report submitted after a check of the airworthiness of an aircraft by an agency designated by the Secretary of State for Corn- inerce and Industry, the Civil Aeronautics Board shall issue or renew the airworthiness certificate if the justification presented is satis- factory. ~) If an aircraft ha.s an airworthiness certificate issued by a foreign State which is still valid, the Civil Aeronautics Board, at the request of the owne.r or user will issue a new certificate or revalidates the old one, provided the latter complies with the conditions of airworthiness established by the Chicago Convention and the Annexes thereto. Article 12 (Airworthiness certificate). The certificate of airworthi- ness, in accordance with the form established by t.he Chicago Conven- non auti the Annexes thereto, shall contain the following information: Make, description and category of the aircraft, expiration date of validity of the certificate and also period checks or a notation showing that maintenance is by means of a permanent verification. Artic7e 13 (Maintenance, good flight condition). The maintenance of aircraft and the certification of their being in good flight condition may be made only by persons who have the qualifications required by the Chicago Convention and the Annexes thereto. Art;cle 14 (Cost of inspection). The cost of inspecting for good flight condition in view of issuance or continuation of an airworthi- ness certificate shall be borne by the owners of the aircraft inspected. CHAFrER V. LEGAL STATUS OF AIRCRAFr Article 15 (Definition of aircraft). For purposes of this chapter, an aircraft includes the fuselage, the engines, propellers, radio equip- ment and all equipment necessary for its operation. Article 16 (Legal nature of aircraft). Aircraft. are personal prop- erty sublect to the rules of the common law, except for the special rules enumerated in the following articles. Article 17 (Mortgages on aircraft). Aircraft are capable of bemg mortgaged or being burdened with other servitudes: The provisions of the Code of Commerce concerning mortgages on ships shall be applicable to mortgages on aircraft; however, only debts for compen- ~ation due for salvage of aircraft and for extraordinary expenses necessary for preservation of an aircraft shall be privileged. Art;cle 18 (Voluntary sale of aircraft). The voluntary sale of an aircraft must. be. executed by a writing. Article 19 (Attachment., and forced sale of aircraft.). Attachment and forced sale of an aircraft shall take place in accordance with the provisions of the Code of Commerce: however, the periods of time to he. observed and notifications to be given shall be subject. to special pro- x-isious determined by ordinaiwe of the President of the Republic based on a report of the Secretary of State for Commerce and Industry. PAGENO="0877" AIR LAWS AND TREATIES OF THE WORLD 867 Article 20 (Preventive seizure of aircraft). Preventive seizure of an aircraft shall be made in accordance with the common law; how- ever, no preventive seizure may be made of a foreign aircraft serving on a scheduled public transport air line, or an aircraft of a non- scheduled air line which is ready to depart, provided that the State where such aircraft is registered offers the same treatment on its terri- tory to Haitian aircraft. Concerning other aircraft which are subject to preventive seizure. there shall be granted iniinediate lifting wheti sufficient security is deposited. Article 21 (R.ecordation) . (1) Any declaration of ownership or change in ownership of an aircraft by an act intei~ vivos or by death, any judgment transferring establishing, or declaration of ownership, the establishment~ of any mortgage, any charter contract. and any writ of preventive seizure or attachment shall create legal effec.t in regard to third parties only by recordation in a register of the Bureau of Registration and Conservat ion of Mortgages. (2) Any person who acquires in good faith a property right or other right~ of encumbrance from the person recorded as titleholder of such right may not invoke the fact that his transferor lacked such right. 3) The register of the Bureau of Registration and Conservation of Mortgages must contain the following information: number and date of the certificate of registration, descript.ion and type of the aircraft, serial number of the manufacturer, number and horsepower of the engines, name and domicile of the ownei. and other information required in paragraph (1) of this article. (4) When changes are in order in the information specified in the preceding paragraph, or when the aircraft is completely destroyed or presumed lost., the necessary change in the register must be requested. (5) The duty to have an aircraft recorded at the Bureau of Regis- tration and Conservation of Mortgages is incumbent upon the owner who shall be liable for a fine of one thousand gourde.s for failure to make such recordation within two months from the publication of this decree and from all transfers of ownership in an aircraft.. (6) Notice of recordations made. in the registe.r of the Bureau of registration and conservation of mortages must be given immediately by that Bureau to the Civil Aeronautics Board at the office of the Sec- retary of State for Commerce and Industry. Article 22 (Aircraft under Construction). (1) At the request of the owner of an aircraft under construction, the Bureau of Registra- tion and Conservation of Mortgages may temporarily record the rights in such aircraft, even before its registration. (2) In suc.h case, the register will contain only information sus- ceptible of being actually furnished, which will be implemented after completion. Article 23 (Penalt.ies). Violations of this decree shall be punished by the penalties provided for in Article 3 of the decree of November 16. 1960, concerning this matter. Article 24. This decree abrogates all laws or provisions of law~~ all decree-law-s or provisions of decree-laws, in conflict therewith, and shall be applied by all Secretaries of State concerned. PAGENO="0878" AIR LAWS AND TREATIES OF THE WORLD 86S Decree of February 7, 1961 ~ (lIAvrER I. tI~TENERAL CONDITIONS-AIR FLIGHT IX HAITI Article~ 1 (Conditions of admittance to Haiti). 1) No aircraft may fly over Haitian territory, land thereon, or leave therefrom, unless it complies with the following conditions It bears the markings of nationality and registration in accord- an~e with the irov1s1o~~ of Article 8 (1) of the decree concern- ing aircraft; ft is airworthy in accordance with the provisions of chapter IV of the decree concerning aircraft; It is operated by personnel possessing appropriate and valid licenses and qualifications; It. is provided with the documents enumerated in Article 2, below; It complies with the rules established in Article 9 of this decree regarding flight and maneuvering; 2) For aircraft which on Haitian territory undertakes test flights or is flown to a shop for maintenance, overhaul or repair, some of the conditions mentioned above may be waived by the Civil Aeronautics Board. Jrte7c 2J (Flight documents). Except for a waiver under para- graph 2) of Article 1, all aircraft making a flight must. carry the following documents: a) the certificate of registration; h) the certificate of airworthiness; ~) the statement on inainteiiaiice d) the licenses of the flight personnel; e) the trip ticket; I) if applicable, a license for the radio station aboard; g) if the aircraft transports passengers, a list of names mdi- ca~ lug the places of embarkation and debarkation; Ii) if it transports freight, the transportation documents and manifest. Article 3 (Trip ticket). The trip ticket, which shall be the responsi- bility of the pilot, shall contain the information required by interna- tional rules for each trip of the aircraft. Art ide 4 (Radio communication). 1) Every Haitian aircraft which renders public air service and such other aircraft as is designated by the Civil Aeronautics Board must be equipped with radiocommunica- tions a~cording to the operating condition of the aircraft. A license pennitlilIg installation and use of the equipment is issued by the Secre- tarv of ~t~te of Public Works, Transport and Communications. Only a le~~ possessing a radio navigation license issued in accordance with international rules may use such equipment. ~) Any foreign aircraft equi~)ped with radio-communications which fiie~ over Tjaitian territory, or lands thereon, must have a license issued 2 ~~~fl~lii'd in Le Monit cur, vol. 116, No. 21a, Fel). 16. 1961. p. V. PAGENO="0879" AIR LAWS AND TREATIES OF THE WORLD 869 by the competent authority of the State where it. is registered, and the equipment may be used only by crew members wiio possess the appropriate license. Article ~5 (Entry and exit). 1) Any foreign aircraft arriving on Haitian territory or leaving it, must land on an international airdrome or leave from an international airdrome, unless it. has an express waiver under an international agreement or a special authorization. 2) On arrival or at departure of a Haitian or foreign aircraft at any place whatever, the competent authorities and, in particular, the airdrome commanders have the right, to inspect the aircraft and to examine the certificates, licenses, and documents, specified in Article 2, above. 3) Any aircraft arriving on Haitian territory or leaving it and during its stay there, must comply with the provisions of the land, ordinances and regulations in force in Haiti and, in particular, with those concerning admittance. of crews, passengers, and freight, and with the formalities of immigration, PassI)OrtS, customs and quaran- tine. 4) Information to be furnished at the arrival and departure of crews and passengers will be specified in aeronautical information bullet ins. Article 6 (Prohibited, regulated, and dangerous areas). 1) For reasons of military necessity or public order, the Secretary of State for Commerce and Industry, in agreement with the Sec.retary of State of the Interior and of National Defense, may declare any part of Haitian territory a prohibited or regulated area.: he may also declare as a dangerous area any region where certain activities may constitute a danger to flight safety above such region. 2) No aircraft may fly over a prohibited area. Above regulated or dangerous areas, aircraft must comply with restrictions and orders. Article 7 (Prohibited transportation). 1) Transportation of muni- tions or war materials may not be made over Haitian territory by any aircraft., or by a Haitian aircraft going abroad, without written authorization from the Secretary of State for Commerce and Industry in agreement with Secretary of State of the Interior and of National Defense. 2) Transportation of other articles susceptible of endangering the safety of the aircraft and of persons aboard may be made only in accordance with instructions of the Civil Aeronautics Board. Article 8 (Photography). 1) The Secretary of State for Commerce and Industry, in agreement with the Secretary of State of the In- terior and of National Defense, may prohibit or regulate the case of photographic a.pparatus aboard any aircraft during the flight over all or part of the Haitian territory. 2) Vertical photographs may be taken only by the holder of a spe- cial license or under an express authorization. Arti~c7e 9 (Flight. rules). Any Haitian or foreign aircraft which is, or flies over Haitian territory must comply with flight rules, includ- ing rules on lights and signals, such as are defined in Annex 2 of the Chicago Convention, excepting deviations presently in effect. PAGENO="0880" 870 AIR LAWS AND TREATIES OF THE WORLD CHAPTER II. OPERATION OF AIR SERVICES IN HAITI SECTION I. DEFTNITIONS. CATEGORIES AND GENERAL RULES A rticie 10 (Categories of air services). For purposes of this decree air services which may be rendered by aircraft, fall into one of the following three categories: Public air transport services, scheduled or non-scheduled do- mestic or international; Services of aerial work; Private air services. Article 11 (Public air transport services). 1) Public air trans- port services have the purpose of commercial transportation of per- sons, freight or mail. 2) Scheduled public air transport service shall he deemed any serv- ice which, by a number of flights open to the public, renders trans- portation between two or more predetermined points, in accordance with approved itineraries and predetermined and published flight schedules, or with such frequency and regularity that such flights constitute systematic services. 3) Non-scheduled public air transport service shall be deemed any service which does not have all the characteristics enumerated in the preceding paragraph. 4) Air transport services, whether scheduled or non-scheduled, are deemed international, when they cross the airspace of two or more States. Article 12 (Services of aerial work). Services of aerial work shall he deemed all flights made for another for payment and having such particular purposes as taking aerial photographs or motion pictures: aerial mapping: dropping of articles or matters for agricultural or hygienic purposes: all forms of advertising, publicity or propaganda, such as pulling streamers, sky writing, loudspeakers aboard; for edu- eational 01' scientific purposes. such as exploration of the soil or sub- soil. the study of hurricanes and cyclones, or flight of migratory birds; flight, instruction by duly authorized aviation schools: the transporta- tion of persons for air baptism during public aviation exhibitions. Ai~;e7e 13 (Private air services). Private air services shall be deemed aP flight made without payment which have the purpose of tourism, air work, agricultural or otherwise, made for the exclusive l)enefit of the owner of the aircraft; special service, of an enterprise other than a public carrier, or of a person who owns the one or more aircraft used; flight training of pilots in order to obtain a higher license. ;lrfjc7e 14 (Authorization of operation). 1) Public air transport and aerial work services may be rendered only by enterprises duly au- thorizecl by the Secretary of State for Commerce and Industry. 2) A public air carrier is any natural or legal person which habitu- ally provided transportation b aircraft for payment. 3) An enterprise for aerial work is any natural or legal person which undertakes for others various kinds of work for payment by use of aircraft. A rte/e 15 (Insurance for damage to third persons on the ground). 1) All aircraft which renders in Haiti any of the air services enumer- PAGENO="0881" AIR LAWS AND TREATIES OF THE WORLD 871 ated in article 10, above, or which flies over haitian territory, whether it be registe.red in Haiti or abroad, must be insured for liability of the operator for damage to third persons on the ground. 2) For aircraft registered in Haiti, the insurance must be con- tracted for with an insurance company, society or insurer, which is approved by the Secretary of State for Commerce and Industry. For aircraft~ registered abroad, the insurance must be contracted for with an insurance company approved by the State of registration. SECTION II. PUBLIC AIR TRANSPORT SERVICES Article 111 (Domestic and international services). 1) Public air transport services between any two points oii Haitian territory may be rendered only by Haitian carriers. 2) International air transport services, originating or terminating in Haiti, may be rendered by Haitian or foreign carriers. Article 17 (Authorizations for Haitian carriers). 1) In order to obtain authorization to operate a public air transport service, whether domestic or international, a Haitian enterprise must submit an appli- cation accompanied by the following laPels and documents to the Secretary of State for Commerce and industry: Name and address of the applicant or applicants; if a corpo- ration, copy of the charter and certified declaration of the stock capital; detailed description of the services envisaged; itineraries and rates envisaged, flight frequency planned, and tariffs pro- posed; aircraft to be used: type and category. registration markings if they already are the property of the enterprise. 2) If the Secretary of State is satisfied that the enterprise offers a technical and financial guarantee of certain and efficient operation, he may accord the authorization under such conditions as he deems necessary. 3) Except for scheduled air carriers which may be authorized or licensed for a longer period, the authorization may only be granted for one year, and renewable thereafter, and such renewal may be re- fused or be accompanied by different conditions. 4) If the enterprise violates the conditions of the authorization or if the public interest requires it, the Secretary of State for Commerce and Industry may suspend or withdraw the authorization. Article 18 (Authorization of foreign enterprises). 1) An enter- prise he operates as a scheduled or non-scheduled public air carrier, originating or with the destination in Haiti, only in accordance with the terms of an agreement or a convention concluded between Haiti and the State of which the enterprise is a national. 2) In the absence of such agreement or convention, a special au- thorization to operate may be granted by the Secretary of State for Commerce and Industry under the Conditions specified in the pre- ceding article in regard to Haitian enterprise. However, in case of non-scheduled public air transport ~ervice, the authorization must be requested at least 15 days before the date on which the first landing in Haiti is contemplated. 3) An authorization to operate will be refused to a foreign enter- prise rendering non-scheduled air transport service when the service ~iO-737--~5---vo1. 1-56 PAGENO="0882" 872 AIR LAWS AND TREATIES OF THE WORLD envisaged constitutes unfair competition with Haitian or foreign enterprises which render scheduled service. Ait;c/e 19 (Itineraries). 1) Itineraries of scheduled air carriers and the points served I)y non-scheduled services must be approved by the Secretary of State for Commerce and Industry. 2) Scheduled Haitian carriers have a right of preference to make special non-scheduled flights or charter flights between points on their own itineraries. 7) No scheduled public air carrier may modify an itinerary or abandon the operation of a route or a segment of a route without ob- taining prior authorization from the Secretary of State for Commerce an(l Industry. 4) The Department of Commerce and Industry must be notified, of any suspension of service for whatever reason within 24 hours under penalty of the punishment provided for by law. This provision is of the public interest. Article 20 (Timetables). Operating timetables of public air car- riers, stating hours of departure and arrival at each terminal and at each intermediate point must be approved by the Civil Aeronautics Board: blltq if within 14 days from submitting them, no observation has been made~ operation according to such timetables may commence. Art;cle 21 (Rates). All scheduled and non-scheduled domestic and iiiternational public air carriers must submit rates for passengers and freight to the Secretary of State for Commerce and Industry who, in agreement. with the Secretary of State of Finance, approves them with or without changes or prescribes others deemed more appropri- ate or more reasonable. Article 22 (Publication of services). Scheduled public air carriers must. pri1~t. in French, publish and bring to public knowledge the itin- eraries, timetables and rates concerning their services and such other conditions as may be specified for their application, by the Sec- retary of St.ate for Commerce and Industry. Article 23 (Transportation of mail). The Secretaries of State of the. Post Office, Telegraphs and Telephones shall conclude with the pui~1ic. air carriers contracts for the. transportation of mail in accord- ance with the provisions of the Conventions of the Universal Postal Union. Article 24 (Aircraft used). 1) All aircraft used by Haitian public air carriers must be registered in Haiti. 2) However, when, because of lack of equipment duly proven, an enterprise has to rent or charter temporarily an aircraft registered abroad, the Secretary of St.ate for Commerce and Industy may au- thorize the use of such aircraft, and grant a temporary flight permit for six months. Article 2.5 (Air taxis). 1) Enterprises which render non-scheduled services by air taxi shall not be subject to the provisions of this sec- tion and shall be assimilated to ente.rprises of aerial work, provided the aircraft used has a capacity of not more than six passenger seats or 600 kilograms of freight. 2) Transportat.ion rates shall be fixed between the enterprise and the passenger or shipper. Art ~cle 26 (Statistics). 1) Any scheduled and non-scheduled Haitian air carrier must furnish to the Civil Aeronautics Board, on certain PAGENO="0883" AIR LAWS AND TREATIES OF THE WORLD 873 specified dates, statistics on its traffic flight hours. kilometers flown, passengers and freight transported-and information concerning the cost of operation, the financial situation, receipts and the origin thereof. 2) In application of the Chicago Convention, the Civil Aeronau- tics Board shall transmit to the International Civil Aviation Orga- i~ization statistics and other information regarding the operation of international services of Haitian enterprises. ;1i~tk7e 27 (Contract of transportation and charter). The pro- visions of t1~e Code of Commerce shall apply to contracts of air trans- poi'tat ion and to charter of aircraft. ji~t;7e 28 (Technical operation of public air carriers). Public air carriers in their technical operation must comply with Annex 6 of the (`hicago Convention. J,'t1cle 29. 1) 1-laitian public air carriers shall he subject. to the con- trol of the Civil Aeronautics Board in regard to technical and com- mercial operation. 2) At' the request of the official in charge of such control, the en- terprises must submit to them all documents necessary for the ful- liliment of their duties. :~) The Secretary of State for Commerce and Industry may dele- gate certain control functions to an organization duly established for that purpose. SECTION III. SERVICE OF AERIAL WORK Ai't;ele 30 (Enterprises). Services of aerial work may be performed in Haiti by haitian or foreign enterprises, duly authorized under the same conditions as public air carriers as defined in Articles 16 and 17 above. Art"cle 31 (Aircraft used). 1) Haitian enterprises must. use aircraft registered in Haiti, however, in the absence of sufficient equipment, they may rent or charter aircraft registered abroad. 2) Before any use is made thereof, an aircraft intended for aerial work in Haiti must obtain an operating permit which is issued by the Civil Aeronautics Board if the aircraft is considered suitable for the work envisaged. 3) The validity of the permit issued for an aircraft registered in 1-laiti may be for one year. The validity of a permit issued for an air- craft~ registered abroad shall be limited to three months, and may be renewed, but such aircraft may not be used in Haiti for any other paid activity : if such aircraft retains its peim~ai~ei~t home post in Haiti for more than six months, it must i~e registered in the Haitian register. 4) If, for any reason, the certificate of airworthiness of an aircraft which has an operating permit ceases to be valid, the. validity of the permit shall also cease. Artcle 32 (Flight personnel). Pmlots of aircraft used for certain aerial work which necessitates flights at an altitude lower than the minimul'n specified by the internuitionah ruhes must have a special au- thorization from the Civil Aeronautics Board. A~'t;e7e 33 (Liability). Operators of aerial work services shall be fi- nancially liable for damages and mjuriesto persons or property on the ground. PAGENO="0884" 874 AIR LAWS AND TREATIES OF THE WORLD SECTION IV. PRiVATE AIR SERVICES Article 34 (Flight conditions). Owners and operators of aircraft. for private services as defined in Article 13 above, other than aviation clerks, do not need any authorization to fly in Haiti or over the terri- tory of the Republic provided such aircraft are registered in Haiti, that the airworthiness certificates and license.s of the personnel are valid, and that the log books are kept up to date and that they comply with all provisions concerning flight safety. Article 35 (Foreign aircraft). 1) Owners or operators of foreign aircraft. used for private services, tourism or otherwise, involving any payment, which wish to land in Haiti, or make technical st.ops there, must, except as otherwise provi(led in international agreements or spe- cial authorizations, give notice of their intention at least 24 hours before departure. of the aircraft abroad, either to the Civil Aeronautics Board, or directly to the traffic control of the international airport of arrival and furnish all informatioii permitting identification of the aircraft. which shall comply with the provisions of the first chapter of this decree. The authorization shall be granted in agreement with Department of the Interior and of National Defense.. 2) Owners of foreign aircraft for private services which desire to st.ay in Hait.i for a certain time solely for purposes of tourism may ob- tain from the Civil Aeronautics Board a temporary permit whose dura- tion may not exceed six months. 3) Any aircraft for private services in use in Hait.i for more than six months must be registered in the Haitian register. Artcie 36. This decree abrogates all laws or pronsions of laws, and all decree-laws and provisions of decree-laws in conflict therewith, and shall be applied by all the Secretaries of State concerned. Decree of February 7, 1961 ~ CHAPTER I. GENERAL PRovisIoNs Article 1 (Definition). For the purposes of this decree and all acts taken in application thereof, an airdrome shall be deemed any defined surface on land or water intended to be used in whole or in part, for the arrival, departure and maneuvering of aircraft and, containing, if necessary for the needs of movement or servicing of aircraft, build- ings, installations and supplies. Article 2 (Duty). Except for cases of force ma.jevre or operation of aid and salvage, aircraft may land or take off only on duly estab- lished airdrome or on a surface specially authorized for such use. CHAPTER II. ESTABLISHMENT OF AIRDROMES Article 3 (State airdrome). 1) The Secretary of State for Com- merce and Industry, in agreement with the Secretaries of State for Public Works, of Transport and Communications, and of Finance, simli establish, maintain, or make alterations in airdromes, and aids and facilities needed thereon for national and international flight. serv- Published in Le Moniteur, vol. 116, No. 21a, Feb. 16, 1961, p. HI. PAGENO="0885" AIR LAWS AND TREATIES OF THE WORLD 875 ices, in compliance with the provisions of the Chicago Convention and the Annexes thereto. 2) The procedure of expropriation for reasons of the public inter- est shall be applicable to the establishment and enlargement of air- dromes. Ji~ticle 4 (Licensed airdromes). 91) At the request of the owner of land, the Secretary of State for Commerce and Industry, after a tech- nical investigation has been made by the services of the office of the Secretary of State for Public Works, of Transport and Communica- tions, may issue an airdrome license permitting the use of such land as an airdrome. 2) The license shall contain such conditions as the Secretary of State deems necessary to ensure compliance with the provisions of the Chicago Convention and the Annexes thereto and safety of aircraft using the airdrome. 3) The owner of licensed airdrome may not alter the maneuvering area without written permission of the Secretary of State for Com- merce and Industry. Article 5 (Authorized airdromes). The Secretary of State for Com- merce and Industry may authorize, under certain condition specified in the authorization, the use of any other area as an airdrome for certain types of aircraft, or for certain air services, such as agricul- tural air work. Article 6 (Public airdromes). The Secretary of State for Commerce and Industry shall designate the State airdromes and possibly the li- censed airdromes open to public traffic, i.e., those which may be used by all aircraft which have technical characteristics corresponding to airdrome specifications adopted by the Chicago Convention and the Annexes thereto. 2) However, the use of such airdromes may be nmde subject to restrictions or even may be temporarily prohibited if conditions of safety or public order justify it. 3) Notice of openings of airdromes for public use, restrictions to temporary prohibtions shall be given in informative aeronautical pub- lications or in (notems). 4) The classification of airdromes shaH be made according to the characteristics defined in the Annexes to the Chicago Convention re- garding airdromes. Article 7 (Use of military airdromes). The Secretary of State for Commerce and Industry, in agreement with the Secretaries of State of the Interior and of National Defense may conclude agreements for the use of military airdromes by aircraft in civil air service and, in accordance with such arrangements, may authorize this use. Under certain conditions they may be open to public flights. CHAPTER III. AVIATION SERVITUDES Article 8 (Aviation servitudes). In order to ensure flight safety, there shall be established special servitudes called "aviation servi- tudes" at the approaches of airdromes open to public flights, aids to air navigation, of safety installations, of aviation telecommunications, and of air routes. PAGENO="0886" 876 AIR LAWS AND TREATIES OF THE WORLD Artkle 9 (Safety [d~gagement.] and beacon service). 1) Aviation servitu(leS shall include: a) safety servitudes providing for the prohibition to create, or a duty to remove obstacles susceptible of constituting a danger for air flight or dangerous for the functioning of aids to navigation or safety devices established in the interest of air navigation. b) servitudes for beacon service including a duty to equip or permit the equipment of certain obstacles or places with visual or radio-electric devices intended to signal their presence to flyers, or to permit the identification thereof. 2) The manner of establishing the servitudes considered above shall be determined by an Instruction of the Secretary of State for Com- merce and Industry in agreement with the Secretary of State of Public Works, Transport and Communications, in accordance with the provi- sions of the Chicago Convention and the Annexes thereto. Article 10. (Safety plan). 1) For each airdrome or other instahlii- tion specified in Article S. there shall he established by the services of the oflice of the Secretary of State for Public. \Vorks, Transport and Coniminuications in agreement uvitli the Civil Aeronautics Board of the office of the Secretary of State for Commerce and Industry, a ~afetv plan which, after an investigation, shall be approved by an ordinance of the President. of the. Republic on the proposal of the Secretary of State for Commerce and Indust rv. 2) After publication of the ordinance of approval in the news- paper "Le Moniteur", the servitudes so created shall be an encum- brance on the. land. 3) Inside the area. specified by the safety plan there may be ordered the removal or modication of structures, enclosures, plantings or other obstacles dangerous to air flight, whose height exceed that speci- fled in the plan; imposing these servitudes shall give rise to a com- pensation appropriate to the amount of damage caused; in the absence of an amicable agreement, the expropriation procedure shall be ap- plicable. 4) In the area considered in the preceding paragraph, it shall be prohibited to erect new- structures, to raise the height. of existing struc- tures, or to make plantings or installations conflicting with the. safety plan, exc.ept by written authorization from the Secretary of State for Commerce and Industry. Article 11 (Other servit.udes). Outside the areas encumbered by safet.y servitudes, all installations which, because of their height may constitute an obstacle or a danger to air flight, shall be subject to a special authorization from the Secretary of St.ate for Commerce and Industry, who may impose on such installation such conditions of planting, height or beacon service as is compatible with the safety of air flight. Article 12 (Beacoii service). 1) The Secretary of State for Coin- merce and Industry may prescribe; a) day and night beacon service or day or night beacon service for all obstacles which he deems d~ungious to air flight, including unusuable portions of the maneuvering area of an airdrome; b) the establishment of visual or radio-electric devices in aid of air navigation which he deems usefu' to the safety of air navigation; PAGENO="0887" AIR LAWS AND TREATIES OF THE WORLD 877 c) the removal or modification any visual device susceptible of creating confusion with visual aids to air navigation. 2) For the installation of the beacon services considered in para- graph 1) of this article, the Administration shall have the right of access, passage, of cutting down or trimming trees, and of making, installations on outside walls and roofs. 3) The cost of installation, operation, and maintenance of aeronau- tical beacon services shall be borne by the State, except for transmission lines of electricity and other transmission cables whose lighting shall be at the expense of the operators. Article 13 (Violations). 1) Any violation of the provisions, regard- ing aerial servitudes of safety and beacon service shall be pun1shed by the penalties provided for in Article 3 of the decree of November 16, 1960. 2) Further, a time period for removal or modification of structures encumbered by servitudes or in order to provide beacon service there- on, may be prescribed by the court of jurisdiction at the request of the Secretary of State for Commerce and Industry. 3) When, at the expiration of such period, the situation has not been corrected, the Secretary of State for Commerce and Industry may have the work done cx officio at the expense and risk of the persons respon- sible therefor. CHAPTER IV. OPr~iiATIoN OF AIRDROMES Article 14 (Management of airdromes). 1) Airdromes established by the State shall be managed by the office of the Secretary of State for Commerce and Industry, the Civil Aeronautics Board, which also has control over and supervision of all other airdromes whose manage- ment is handled in accordance with the terms of the license. 2) The Secretary of State for Commerce and Industry, however, may entrust the management of a State airdrome to a public or private organization under conditions specified in agreement with the Sec- retary of State of Financim. Artiele 15 (International airdromes). 1) The Secretary of State for Commerce and Industry, in agreement with the Secretaries of State, of Finance and of the Interior, shall designate, among the air- dronies open to public air flight, so-called international airdromes on which there shall be installed, either permanently or under certain conditiomis, services of inimigration, police, health, agricultural quar- antine and customs. 2) By presidential ordinance, on the proposal of the Secretaries of State for Commerce and Industry, and of Finance, a free airport may he established on Haitian territory. Article 16 (Controlled airdromes). 1) The Secretary of State for Commerce and Industry shall designate, among the airdromes open to public air flight, those on which flight control service and, if necessary, a1)proach control service is assured. 2) On such airdromes, the movement, of persons and service vehicles on the maneuvering area shall be controlled so as to avoid all risks for them or for aircraft which are landing, taxiing or taking off. Article 17 (Prohibition of flight). On the maneuvering area of air- drome open to public air flight it shall be prohibited to all persons and vehicles to enter or remain or to permit the entering and remaining of PAGENO="0888" 878 AIR LAWS AND TREATIES OF THE WORLD animals or draft, burden, or riding animals, under the penalties pro- vicled for in Article~ 3 of the decree of November 16, 1960; violators may also be deprived of the rights to compensation. Jrteie 18 (Airdromes commanders). 1) On each State airdrome an airdrome commander, designated by the Secretary of State for Corn- nierce and Industry, shall have authority over all employees and services of the airdrome on which flight safety depends, and he shall coordinate the activities of all other services existing on the airdrome. ~) On international airdromes the airdrome Commander shall co- ordinate the administrative services of immigration, customs, health and police which shall remain under the jurisdiction of their respective admini strat on and shall exercise their functions independently. 3) On licensed airdromes, open to public air flight, an airdrome corn- inaiider designate(l by the owner or operator of the airdrome shall exercise similar functions. ~ii't~'7e 19 (Fees and charges). 1) On all airdromes open to public air flight the following charges and fees shall be collected: A landing fee An additional fee for night, landing or flight A charge for the use of tools on airdromes A fee for passenger and freight A fee for visitors Charges for occupation of public land. 2) Basic schedules and tariffs and possible reductions and exemp- tioiis shall be determined by an ordinance of the President of the Republic on the proposal of the Secretaries of State for Commerce and Industry and of Finance. Article 20 (Imposition). 1) The fees and charges enumerate.d in Article 19 shall be imposed for the benefit of the State. 2) However, on an airdrome open to public air flight which is not operated liv the State, an ordinance of the President of the Republic on the proposal of the Secretaries of State for Commerce and Industry and of Finance, may authorize the imposition, for the benefit of the operator of the airdrome, of some of the fees and charges enumerated above in accordance with the schedules and tariffs specified in para- graph 2) of Article 19. Article 21. This decree abrogates all laws or provisions of laws, and all decree-laws or provisions of decree-laws in conflict therewith, and shall be applied by all Secretaries of State concerned. PAGENO="0889" HONDURAS Decree No. 146 of the Military Junta of the Government. Con- sidering that the Aviation Law of March 14, 1950 did not include the most recent progress on the subject, which it is necessary to include in a new code; Considering that the Republic of Honduras joined in the recom- mendation of the Republics of Central America and of Panama to adopt~ the Code of Civil Aviation which constitutes the Annex of the Final Acts of the Conference of July 1954; and Considering that such Code of Civil Aviation must be adapted to the peculiar situation of Honduras; Therefore, by virtue of the powers invested in us, It is decreed as follows: CIVIL AVIATION LAW 1 TITLE I CHAPTER I. GENERAL PROVISIONS Article 1. The air space above the territory of the Republic of Honduras shall be exclusively and absolutely subject to the national sovereignty. For the purpose of this Law, said territory shall comprise the land area, the submarine platform or continental and insular shelf, the territorial waters and adjacent islands in both oceans, that are or may be under the sovereignty, jurisdiction or rule of the Republic. Article £. Civil air navigation over Honduran territory shall be governed by this law and by the regulations issued thereunder and by the international treaties and agreements on this matter in effect in the Republic. Consequently, any civil aircraft that is found in na- tional territory or that flies over national territory, its crews, passen- gers and baggage, shall be subject to the jurisdiction and competence of the Honduran authorities for inspection, supervision, and control of civil air navigation. Article 3. The following shall be subject to the national laws: a) Acts executed and events occuring on board Honduran aircraft during flight, whether over Honduran territory, over the high sea or over territory that is not under the sovereignty of any State; b) Acts executed and events occuring on board Honduran aircraft during flight over territory of a foreign State, except in those cases ~where the safety or public order of the under- lying state is affected; and . c) Acts executed and events occuring on board foreign air- craft that fly over Honduran territory, or that are located in it, I Publishpd in Gaceta Oficial. October 24 to 28, 1957. 879 PAGENO="0890" 880 AIR LAWS AND TREATIES OF THE WORLD when such acts or events affect the safety or public order of Honduras or when they produce or may produce such effects in the national territory. Artie7e 4. Criminal acts that occur on board any aircraft over a foreign territory or territorial sea, when its first point of landing is in honduran territory, shall give the competent authorities the right to determine whether such acts must be adjudged according to the laws of Honduras. Artkle 5. All civil or commercial transactions and all events of a civil character that occur on board a Honduran aircraft shall be considered to occur on Honduran territory, and the naticnal law shall be applicable. CIIAVFRR IT. GENERAL DIRECTION OF CIVIL AERONAETICS Article 6. The General Direction of Civil Aeronautics shall be under the. supervision of the Secretary of State in the Ministry of Development (Foniento) and it shall have the following jurisdiction: I. To guarantee the safety of air navigation and transporta- tion, for which it shall issue and revise periodically: a.) Flight, rules regarding: 1) Air navigation: 2) Protection and identification of aircraft; 3) Flight rules for aircraft, including altitude of flight, and crossing, meteorological minimum conditions. rules for visual and instruments flight, and all matters related to the control of flight within the national territory: b) Requirements relative to the. granting, validation, con- firmation, and cancellation of licenses of technical aviation personnel, and requirements regarding maximum hours and service periods of flight personnel c) Regulations and minimum standards which govern with relation to: 1) liTse of materials, use of manual labor, inspection, repair. service and operation of airplanes, of airplane engines, propellers and vital parts and pieces; 2) Equipment and facilities needed for such inspec- tions. services and repairs; 3) Frequency and manner in which such inspections, maintenance and repairs are to be effected; d) Rules and proceedings applicable to auxiliary services of air navigation, including communications, radio naviga- tion. meteorology, marking of routes and airports and search and salvage operations. II. To grant. licenses and certificates of qualification to a.via- t.ion ground personnel and to crews, to authorize, suspend. cancel and ma.inta.in a record of these licenses and certificates of quali- fication. III. To maintain records of markings of nationality, registra- tion and airworthiness of aircraft and to furnish legal and certi- fied copies. PAGENO="0891" AIR LAWS AND TREATIES OF THE WORLD 881 IV. To construct national civil aerodromes and airports, to supervise the construction of private aerodrornes and regulate their operating conch t ions. V. To supervise national and private aerodromes and admin- ister the former. VI. To authorize buildings, installations and plantings in the areas used for aviation p~111OSes. VII. To authorize the construction of hangars, workshops, of- fices and installations inside aerodromes and airports and to specify requirements of compliance with regulatory plans and regulations. VIII. To promote the development of civil aviation and to facilitate the establishment, of aviation clubs, the training and development of civil j)ilots and to supervise technical and flight activities of aviation clubs. IX. To supervise the development and operation of civil estab- lishments of aeronautical instruction. X. To promote and support the employment of Honduran tech- nicians in all branches of aeronautics. With this purpose, it shall grant training scholarships and present to the Government candi- dates to be awarded scholarships offered by international organi- zations or by foreign governments for the training of technical aviation personnel. XI. To examine and rate documents and t.o direct the inspec- tion and tests of airc.raft, their engines, instruments and parts, when a request is made to approve them for air navigation over national territory and to report on the origin of the license and conditions. XII. To allocate, in agreement with the General Direction of Telecommunications, frequencies for aeronautical radiocommuni- cations that are assigned to the various air carriers. XIII. To investigate air accidents that occur in the country, in order to establish their causes and to reduce or eliminate the possibilities for their repetition by means of adequate regulations. XIV. To establish signal systems and flight rules that. must be observed in the Republic. XV. To report on the establishment, modification and cancella- tion of air routes and airways over the national territory. XVI. To report. on requests for permits to take photographs or motion pictures in the air space over the national territory or to design charts or maps of the national territory. XVII. To report, when so requested. on a grant., suspension or cancellation of licenses to operate air routes, in cases to which this law applies. XVIII. To authorize special flights by aircraft in cases in which, under this law and the regulations issued thereunder, au- thorization from the Ministry of Development is not required. XIX. To report to the Ministry of Development on the. applica- tion of penalties for violation of this law and the regulation issued thereunder. XX. To propose the nomination of competent persons for the delegation that should represent Honduras at all kinds of in- ternational conferences on civil a.viat ion. PAGENO="0892" 882 AIR LAWS AND TREATIES OF THE WORLD Article 7. The General Direction of Civil Aeronautics shall be staffed by such technical personnel as, in the judgment of the Min- istry of Development, may be necessary for the efficient operation of the Direction. The Director General of Civil Aeronautics and all the personnel of that department shall be appointed by the Ministry of Develop- ment, only taking into consideration their experience and competence in civil aviation and their competence for their respective offices. Article 8. No person who is a partner in any commercial air carrier or who has an interest in or relationship to one, may be an official or employee of the General Direction of Civil Aeronautics, with the exception of advisors especially hired for the performance of tech- nical jobs when trained personnel is not available in the General Direction. Article 9. The General Direction of Civil Aeronautics shall submit an annual report of its activities to the Ministry of Development to be transmitted to the National Congress. Such report shall also con- tain the studies a.nd data compiled by the Direction that are considered of value in the resohition of problems related to the development and regulation of civil aeronautics, together with recommendations for the amendment of existing laws and the enactment of new legislation. Article 10. The Government, through the Ministry of Development, shall have power to adopt, by means of agreement., whatever rules, procedures or methods of air navigation are approved and recom- mended by the International Civil Aviation Organization. CHAPTER III. AIRCRA~r Article 11. National aircraft shall be classified as State aircraft and private or civil aircraft.. State. aircraft shall be subdivided into mili- tary and official aircraft, according to whether t.hey are under the jurisdiction of the Ministry of Defense or of ot.her Ministries and their departments. Article 12. Civil aircraft shall be classified as aircraft for public transportation and aircraft for private service. Aircraft for public transportation shall be civil aircraft used for the transportation of persons, cargo, or mail under certificates of operation granted by the Government in accordanc.e with t.he provi- sions of Cha.pter X of this Tit.le. Aircraft used for the development of agriculture in any of its aspects shall be classified as aircraft for public transportation. Article 13. Aircraft. for private se.rvice shall be aircraft used for tourism, aerial work, private service of organizations and for private ~rnrposes of their owners, for indust.ria.l activities, for training and for scientific applications of aviation, as provided in Article 125 of this law. SECOND SECTION. MARKINGS OF NATIONALITY AND REGISTRATION Article 14. Civil aircraft shall have t.he nationality of the State in which they are registered and t.hey shall carry distinguishing mark- ings of nationality and registration. PAGENO="0893" AIR LAWS AND TREATIES OF THE WORLD 883 Article 15. When an aircraft is registered in the administrative Aeronautical Register, the markings of nationality and registration shall be recorded. Article 16. In order to acquire, modify or cancel the markings of Honduran nationality and registration of a civil aircraft, compliance with the formalities established in this law and the regulations issued thereunder shall be required. Article 17. Markings of Honduran nationality and registration shall be. cancelled: a) At. the request. of the. owner or operator when it. must be registered in another State., provided there is no legal prohibition or valid reason of public safety. b) Wlieii the aircraft is totally destroyed or is reported lost., as provided for in this law; and c) In any other legally determined case. Aiticle 18. No aircraft. may be validly registere.d in more than one State. Aircraft registered in another State may acquire Honduran mark- ings of nationality and registration, when the previous former registra- tion is cancelled. Article 19. Only natural or legal Honduran persons may register in the Honduran administrative Aeronautical Re.gister aircraft used for public transportation or for aerial work for remuneration. Tourist and industrial aircraft. used for aerial work without remuneration may be registered by the persons specified in this paragraph, and by foreigners domiciled in the country. Article 20. National commercial aircraft must bear the national insignia in the regulation form. THIRD SECTION. AIRWORTHINESS Art ;c7~ 21. All aircraft flying over Honduran territory must he furnished with a valid certificate of airworthiness. Article 23. It. shall be the exclusive jurisdiction of the. General Di- rection of Civil Aeronautics, to grant, validate, suspend or cancel air- worthiness certificates of civil aircraft, as provided for by the regula- t ions. Aiti~7e .23. Certificates of airworthiness granted in a. foreign coun- try shall be recognized or validated in Honduras in accordance with the treaties in force, and, in their absence., with the recognized interna- tional rules. Cii.~p'ri~n IV. Xri~ox.~u'ric.u~ REGISTER Art;ele 34.2 A Register of Aeronautical Property and an admin- istrative Aeronautical Register shall be maintained. The Register of Aeronautical Property, in any cases not provided for in this law, shall be governed b the rules established in the. Public Register of Commerce and shall be. maintained in the principal cities of judicial departments and districts as an annex to the Public Register of Commerce and forming a Part. thereof. Interested parties may con- 2 Amended by Decree 174. Gaceta Oficial, Dcc. 2, 1957. PAGENO="0894" 884 AIR LAWS AND TREATIES OF THE WORLD suit these in the headquarters of the Judiciary Department or sectioii of their domicile. The administrative Aeronautical Register shall be maintained at the General Direction of Civil Aeronautics in the manner established by the regulations. Ai~t~c7e 25. There shall be recorded in the Register of Aeronautical Property: a) Titles or instruments that recognize, transfer, modify or extinguish a right of use or possession of an aircraft or aircraft engines; b) Titie.s or instruments that. constitute, transfer, recognize, modify or extinguish property rights in an aircraft or aircraft engines; c) Leases of aircraft. or aircraft engines; d) Substantial changes that are made in them; and, e) Insurance policies take.n out on aircraft. Art~'le 26. Commercial guarantee contracts established for aircraft engines and other equipment. and spare parts shall also be recorded in the Register of Aeronautical Property. Jrt~e7e 27. Temporary injunctions affecting aircraft shall be gov- erne.d by the applicable provisions of the Commercial and Civil Codes. Ai~tcle 28. The nationality and registration marks of an aircraft and inocliflcat ions and cancellations thereof shall be noted in the margin of the corresponding record of property. Artkle 29. The Registration of an aircraft may be cancelled: a) For abandonment of tile aircraft. or of its engines, declared iYV the General l)irection of Civil Aeronautics: and, b) In the other cases listed in the Commercial and Civil Codes. Jq't;cle 30. There shall be recorded in the administrative Aeronau- tical Register: a ) Nationality and registration markings h) Operating certificates. authorizations to perform non- scheduled air transportation service and authorizations to per- form private air service for remuneration, and cancellations and modifications thereof; c) Airworthiness certificates, licenses of the technical aviation peisoi~m~el and renewals. suspensions or cancellations thereof; and, d) Other documents of an administrative nature that are re- quired to be recorded by this law and the regulations issued thereunder. Jihr7~ 31. The General Direction of Civil Aeronautics shall furnish to the Register of Aeronautical Property all data on an aircraft that are found in the Administrative Register and that may be of use to that office: the Aeronautical Property Register shall have the same obligation to the Direction of Civil Aeronautics. Ai'tic7e 32. The General Direction of Civil Aeronautics, by the ap- propriate method, shall communicate monthly to the countries with which 1-londuras has civil aviation treaties, the cancellation of na- tionality and registration marks affecting any aircraft.. C1I~~prER \. AVL\TION PERSONNEL A,'t~cle 33. The technical aviation personnel shall consist of meni- hers of the crew and specialized ground personnel emp]oyed in the service of civil aviation. PAGENO="0895" AIR LAWS AXD TREATIES OF THE WORLD 885 Article 34. The members of the technical aviation personnel must obtain licenses and certificates of qualification issued by the General Direction of Civil Aeronautics. Article 35. The crew shall consist of all personnel that perform services on board an aircraft. The flight personnel and auxiliary personnel aboard shall be mem- bers of the crew. rrlle flight persomiel shall consist of those members of the crew that perform e~-sential services for the. opelat ion of the aircraft. The auxiliary personnel aboard ~;iia1l be the members of the crew that attend not to the flight operations but. to the passengers and other crew menibers. Jiticle 3G. The Government shall determine by regulation the fol- lowing subject matter a) Categories of pilots: b) Requirenie.nts for aeronautical licenses and certificates of qualification c.) General conditions for the granting of licenses to tile mem- bers of the, crew and the ground personnel d) General requirements of age, nationality and coiiduct, re- quired to obtain aeronautical licenses; e) Conditions of qualifications, experience, physical aptitude, skill and examinations necessary to obtain theni; and, f) Operation, conditions of renewal, validation, confirmation, suspension, or revocation of said licenses. A ith'le 37. Only Honduran technical aviation personnel shall be permitted to perform for pay any activities concerning na.tiona.l aero- naut iss ill Honduras. Lacking of such personnel, the General Direc- tion of Civil Aeronautics may permit foreign 1)ilOtS or other members of the tecimical 1)ersonnel to perform these activities, giving prefereilce to the. peisoiiiiel of another country of the Central American Isthmus. Iii order that. the General l)irection of Civil Aeronautics may permit tile performance of paid aeronautical activities by foreign persollnel1 it shah be necessary that they verify their possession of licenses rn certificates of qualification in Honduras in conformity with this Law, and, in the absence thereof, that they posse~ valid certificates issued by a foreign country that grants reciprocal recognition to Honduran licenses or certificates. If such licenses or certificates fill th.e minimum requirements demanded by the regulations for this Pi1Ii)O5~ in Hon- duras. the interested person shall submit to the tests and examinations that are required for tile validation of such licenses and certificates. Agricultural air services and private services for a remuneration shall be excepted from compliance with tills provision and may be granted temporary authorizations referred to ill Article 126. CHAPTER VI. FLIGHT RFLES Article 38. All pilots ill charge of an aircraft flying over national territory must have a knowledge of tile laws and regulations that govern air navigation in the Rep~hic and especially of the location of restricted and prohibited areas. Article 39. All national or foreign aircraft performing a flight originating in a foreign country must land on an airport dimly author- PAGENO="0896" 886 AIR LAWS AND TREATIES OF THE WORLD ized by the Government. of Honduras, that has immigration, customs and health services for the dispatch and the inspection of the aircraft, its crew, passengers and cargo. These airports must also be used when performing flights with a destination in a foreign country. Art~c7e 40. All civil aircraft performing flights over Honduran territory must be furnished with the following operating documents and certificates: a) Certificate of registration; b) Certificate of airworthiness; c) Licenses of the flight personnel; d) Log books; e) If equipped with radio, a. license for the radio station on board; f) If carrying passei~gers, a passenger list for distribution, if found convenie.nt~ by the authorities, and a list of the points of departure and destination; g) If carr~ing cargo, a manifest and detailed declaration thereof; and, h) A distribution table of the cargo. Article 41. It shall be prohibited to fly over areas that have been prohibited by the Govermnent for air navigation. Article 42. The General Direction of Civil Aeronautics may de- mand for reasons of flight safety that foreign aircraft which desire to fly over inaccessible regions or which do not have the necessary facili- ties for air navigation, follow predetermined routes or obtain special permits for the performance of such flights. Article 43. As soon as he is given notice, the commander of an air- craft which flies over a prohibited area must land at t.he aerodrome nearest to the prohibited area and explain his reasons for the violation to the General Direction of Civil Aeronautics. Article 44. The commander of an aircraft flying over Honduran territory shall land when he is so ordered by the General Direction. Article 45. The commander of any foreign aircraft which, because of an emergency, has to land at an aerodrome that is not duly author- ized, or at ally point in national territory, must immediately notify the aeronautical authorities and, in their absence, some other authority at the place of landing. Article 46. It shall be prohibited for the crew and the passengers of an aircraft to take photographs of military objectives or of prohib- ited areas. Permission shall be required from the General Direction for the use of photographic equipment installed in national or foreign aircraft. Article 47. The General Direction of Civil Aeronautics shall notify the interested parties by the usual means of the areas or regions over which the flight, of aircraft is prohibited. Article 48. It shall be prohibited to perform acrobatic flights or dangerous maneuvers over cities or centers of population. Articles 49. The operations of military aircraft on national air routes, in flight control areas, or on civil aerodromes shall be subject to the flight rules contained in this law and the regulations issued thereunder. PAGENO="0897" AIR LAWS AND TREATIES OF THE WORLD 887 CHAPTER VII. COMMERCIAL OPERATIONS Article 50. An aircraft must be operated within the limitations of its certifictae of airworthiness and of its flight manual. Article 51. Civil aircraft may not be used for any purpose other tha.n that authorized in the operating certificate or a correspondmg authorization. Further, aircraft for private non-commercial service may not be used for other purposes than those stated in the respective register. Article 52. Air carriers shall submit. their flight operations manual to the General Direction of Civil Aeronautics for study and approval. Article 53. Air carriers must keep the books related to the opera- tions of their aircraft during the time prescribed in the regulations, and must have them at the disposal of the General Direction of Civil Aeronautics. Article 54. Every aircraft must be provided with a radio receiver and transmitter approved by the General Direction of Civil Aero- nautics and with other safety equipment as determined by the regu- lations. Article 55. International air transportation of articles that, accord- ing to the treaties or agreements in force, are not free for traffic shall be prohibited. In the absence of such agreements, the national law shall apply. Article 56. Aircraft for public transportation may not transport persons in an intoxicated state or under the effect of narcotics. The transportation of corpses or of mental patients or of persons suffering from a contagious disease may only be made with the per- mission of the health authorities. Article 57. The transportation of arms and munitions, explosives and inflammables in civil aircraft, shall be prohibited except with the permission of the General Direction of Civil Aeronautics, and only on special flight.s not transporting passengers. Article 58. It shall be prohibited to transport cargo in the passenger cabin of an aircraft unless adaptations that satisfy the General Direc- tion of Civil Aeronautics have been made in such cabin. CHAPTER VIII. SERV-ICES OF AID TO NAVIGATION Article 59. Services of aid to navigation shall be those that safe- guard flight safety and regularity, such as flight control, aeronautical radio communications, weather reports and day and night. radio beacon services. Article 60. The State shall be responsible for the. control and the establishment of services of aid to navigation. In the exercise of this responsibility rules shall be enacted that are convenient for insuring safety and efficiency of flight, for the purpose of l)VoteCtillg human life and property. When it is in the public interest, the State may directly contract with technically qualified firms for the supply of such services or grant I)errnits for the same purpose to firms that (10 not pursue lucra- tive ends. In either case this service must l)e. estal)llslle(l fn the 1)enefit. of air navigation in genera.l and under the supervision of the State. ~9-7:~~. -(~---vo1. 1-5T PAGENO="0898" 888 AIR LAWS AND TREATIES OF THE WORLD ~4rtc7e Ci. The Ministry of Development shall enact rules which it considers necessary to estal)lish an aeronautical communications system and services of aid to air navigation and it shall supervise, by means of the General Direction of Civil Aeronautics, the owners and operators of civil aircraft so that they comply at all times with the safety requirements of this law and the regulations issued thereunder. Jit~/c 6?. The operation of aeronautical radiocommunications sys- tems and equipment that presently exist in the country, as well as the installation and operation of any that may be established in the future, shall be subject to the pro\usions of Article GO. CHAr~En IX. AEIi0DR0MES Ait;e7e 63. All civil aerodromes and airports of the country shall be under the~ control, inspection and supervision of the State. Inteina- tional airports shall operate and be administered in conformity with the following internal regulations. Art;rle 64. Civil aerodromes and airports shall be classified as na- tional, municipal and private, depending on the type of property as whieh t hey are classified. The regulations shall classify aerodromes and shall determine con- clitions and technical requirements required for each type. Ait;e(e 65. All civil aerociromes of the country shall be open to public use in accordance with the specifications of each type and at rates approved by the General Direction of Civil Aeronautics. Art/(Ie CC. In order to construct and operate aerodromes in the country, the authorization of the Ministry of Development shall be required, after informing the General Direction of Civil Aeronautics. Ar(e7e 67. In case of war or national emergency, the Ministry of Development may cancel or restrict the operation of any aerodrome upon the proposal of the Ministry of Defense. Art~7e 68. The following may be declared of public use and sub- ject to expropriation a) Private aerodromes and their auxiliary installations; b) The land necessary for the construction or the enlarge- ment of an aerodrome, or for the establishment of auxiliary in- stallations; and, c) The rights in an existing aerodrome or in land that is needed to build or enlarge an aerodrome. Ait~7e CO. Civil aircraft may not land at military aerodromes of the country unless they obtain special permission from the Mm- istrv of Defense. In case of an emergency, a civil aircraft may land at military aero- dromes but its crew shall immediately notify the Ministry of I)efense and the General Direction of Civil Aeronautics and prove the elner- gencv (on(litions that caused the landing. Artic7e 70. An airport shall be international when it has been so declared by the Government and when it is equipped to provide in- ternational serrwes in accordaiice with the recommended interna- tional rules. ~t ,t;i 71. Supervisory authority on civil aerodromes and airports of the~ country, insofar as it concerns the internal management of the aerodrome or airport, shall be exercised by the Commander who has PAGENO="0899" AIR LAWS AND TREATIES OF THE WORLD 889 been designated by the Ministry of Development on the proposal of the General Direction of Civil Aeronautics. The Commander shall coordinate the administrative activities of the immigration, customs, health and police authorities at interna- tional airports which shall be under the jurisdiction of the respective Ministries and which shall exercise their authority independent ly. Article 72. Construction of any kind of installation on civil aero- dromes shall be submitted in each case for the approval and authori- zation of the Ministry of Development. Article 73. The owners of private civil aerodromes shall permit aircraft of the State to use them without any charge. Article 74. Structures or installations on adjacent property or next to the aerodromes within the safty zones thereof shall he subject to the restrictions established by the regulations and within the limits established by the Ministry of Development for reasons of safety. CHAPTER X. SERVICES FOil PFBLIC AIR TRANSPORTATION FIRST SECTION. GENERAL PROVISIONS Article 75. Air services shall be classified as follows: a) Services of public air transportation; and b) Private air services. Article 76. Services of public air transportation shall be divided as follows: a) Domestic air transportation; and b) International air transportation. Both types of service may be: 1) Scheduled; and 2) Non-scheduled. Article 77. Scheduled domestic air transportation service shall be a series of fights that have the following characteristics: a) They are performed in aircraft for the transportation of pas- sengers, mail or services for remuneration and they are perinan- cut lv available to the public. b) The are performed with the purpose of providing trans- portation between two oi. more points that are always the same, that is I. They follow a published schedule: or, II. Perform flights so regular or frequent as to constitute a series that can be recognize(l as systematic.. Artcle 78. Scheduled international air service shall be a series of flights that have all the characteristics specified in tile preceding arti- cle, and in addition, pass through the air space of two or more States. Art cle 79. Either domestic or international air transportation serv- ices that~ do not have the characteristics specified in Articles 77 and 78, respectively, shall be considered i~on-schedu]ed air services and shall be subject to the specific rules that this law establishes in each case. Article 80. Only natural or legal I)e~olls of Honduran nationality shall have the right to operate pUI)lic air transportation services, either scheduled or non-scheduled, domestic or international, by menus of air- craft that are protected by the 1-Tonduran flag. Legal persons referred PAGENO="0900" 890 AIR LAWS AND TREATIES OF THE WORLD to in the preceding paragraph must meet the following requirements in order to perform the services specified: a) At least 51 percent of their capital must belong to ion- durans; and, b) Effective control of the firm and the management must be in the hands of Hondurans. Article 81. Public air transportation services between any two points in national territory shall be reserved to Honduran aircraft. Article 813. All scheduled domestic or international air transporta- tion service must be performed according to an itinerary. Charters and rate schedules must be approved by the Ministry of Development. No air carrier may charge different rates or amounts for its service than those specified in the special rate schedules. Article 83. In addition to its itineraries, domestic or international air carriers must print, publish and maintain for public information, flight schedules, timetables and tariffs, and such other information as may be determined by the General Direction of Civil Aeronautics. Article 84. No air carrier may change or abandon a route or part thereof unless it obtains authorization from the Ministry of Develop- ment in conformity with Article 96. Notwithstanding the provisions of the preceding paragraph, the General Direction of the Civil Aeronautics may order or authorize temporary suspension or cancellation of air transportation services if it is advisable in the public interest. Article 85. Domestic or international air carriers shall present a de- taile(l monthly report to the fl-ener~il Direction of Civil Aeronautics, indicating flight hours, kilometers flown, number of passengers and cargo transported and such other statistical data as are required by the regulations. Article 86. In case of war, emergency or public calamity, the State may requisition the aircraft of carriers that have obtained operating certificates, which shall put at the disposal of the State flight crews and ground personnel necessary for their operations. SECOND SECTION. OI~ERATING CERTIFICATES Article 87. An operating certificate shall be required to operate any domestic or international public air transportation service, granted by an agreement [Acuerdo] that will be issued by the Executive Power in conformity with this law and the regulations issued thereunder. The operating certificate shall be a personal and non-transferable document. The provisions of this article shall not be applicable to agricultural aviation unless, in t.he judgment of the Ministry of Development, there has been such development of agricultural air enterprises that it is consi(lere(l convenient to subject them to the requirement of oper- ating certificates. Article 88. Operating certificates shall be considered effective for a maximum period of ten years counting from the date of their issuance and shall be renewable for periods not longer than those stated herein. The duration of an operating certificate shall be determined in ac- cordance with the economic importance of the service, the amount of the initial investment and of subsequent expenditures necessary for the development and improvement of the service. PAGENO="0901" AIR LAWS AND TREATIES OF THE WORLD 891 Extensions shall be granted at the discretion of the Government, and the carrier concerned must always demonstrate that it has satis- factorily complied with all its obligations and that it has made im- portant improvements in the service. Art ~cle 89. The application for an operating certificate must state: a) Name and nationality of the applicant; b) Financial assets of the applicant, with proof thereof; c) Type of service he desires to operate; d) Air routes that he intends to operate; e) Flight equipment and technical aviation personnel he in- tends to use for the operation of the service; and, f) Aerodrornes and auxiliary installations he proposes to utilize. If legal persons are involved, the applicant, in addition to providing incorporation of the organization, must prove that it is set up in ac- cordance with the requirements stated in Article 80. Article 90. If the applicant for an operating certificate is a foreign carrier it shall affirm, in addition to complying with the applicable requirement.s of the preceding Article: a) That it has the authorization of its Government to perform the proposed international service; b) That its Government grants or is willing to grant reciprocity to Honduran air carriers; and, c) That it subjects itself expressly to the provisions of this law and to the jurisdiction of the Honduran authorities in case of damages to passengers, to the cargo or registered baggage, to third persons, or the property of third persons on the ground and to technical aviation personnel. Article 91. Operating certificates shall specify: a) Destination points of the route as well as intermediary points, if any, indicating which are commercial stops and which are only technical stopping places; b) The type and frequency of the service that will be provided; c) Terms, conditions and limitations that duly guarantee the safety of transportation at airports and in the air as determined in the. certificate. d) Express mention that the holder of the certificate subjects himself to the provisions of this law concerning liability for dam- ages to passengers, to cargo or registered baggage, to third per- sons or the property of third persons on the ground and to technical aviation personnel; and, e) Conditions and limitations that may be required by the pub- lic interest. Article 9~. After an operating certificate. is granted. the respective carrier may not initiate its operations before it proves that it possesses: a) Aircraft approved for the service and duly authorized technical personnel; b) Flight routes, rates and fees approved by the Ministry of Development; and. e) Insurance policies that guarantee compensation of damages caused to passengers, third persons, or the property of third per- sons Ofl the surface, registered baggage, cargo and to technical aviation personnel, in accordance with this law. PAGENO="0902" 892 AIR LAWS AND TREATIES OF THE WORLD Artcle 93. Every operating certificate shall state a period not ex- ceeding six months from the date of issuance for the carrier to initiate its operations. If the services are not initiated within such period, the Government may revoke the certificate and may so inform the carrier concerned. Apt;ele 91. No certificate shall confer property or exclusive right in the use of any air space, routes. airports, facilities or auxiliary naviga- tion services. Art cie 9.5. Air carriers shall perform the services that are author- ized by their certificates in a safe, adequate and efficient manner. No air carrie.r may give advantages or unjust preference to any entity, locality or airport, nor submit them to discrimination, partial or unjust treatment. Artcie 96. Any authorization to change routes or alter stopping places on approved routes shall be subject to the same requirements and formalities that are established by this law and the regulations issued thereunder for the granting of certificates. Artfr7e 97. Operating certificates for air transportation services shall not. he granted in the following cases: a) When the applicant, does not prove his technical and finan- cial capacity to perform the proposed air services; b) `When, in the judgment of the Government., the traffic neces- sities are completely satisfied in such a way that additional serv- ices would compete unfairly with, or eliminate or injure the al- ready establishel airlines; c) In the. case of a Honduran legal person, when the applicant does not. 1)I'ove incorporation of the organization, the nationality of its capital and the effective control of the organization as re- quire.(l in Article 80; and, d) In the case of foreign carriers: I. When the State of which the applicant is a citizen, does not. grant reciprocity to Honduran carriers; II. When the State. of which the applicant is a citizen, has not granted authorization to perform the proposed inter- national service: and, III. When authorization of the service would be contrary to the national interests or to international agreements ad- Tiered to by Honduras. Article 98. The Government may, at the request of the interested party, or on its own initiative, alter, amend, modify or suspend any operating certificate, wholly or partially, when public necessity and convenience require such action. In all cases, such decision may not be made without a hearing of the interested parties. Arf ic/c 99. The. Government may cancel on operating certificate wholly or partially for any of tIme following reasons: a) Because. of tile complete interruption of the air service, or of an important part. tiiei'eof, without. previous authorization; b) Because. of transfer of the operating certificate or any of the rights established therein, in violation of the second paragraph or Article 87. c) `When the owner of a I-Ioncliiran business organization which has the right to an operating (eltifiCate, changes his nationality PAGENO="0903" AIR LAWS AND TREATIES OF THE WORLD 893 or fails to fulfill the other requirements established in Article 80. In such cases cancellation shall be compulsory and complete; and, d) For non-compliance with the provisions of this law or the regulations issued thereunder or any of the terms, conditions or limitations of the operating certificate. Article 100. No operating certificate shall be cancelled without granting the interested parties a reasonable period within which they may pieselit arguments or evidence that they believe to be in defense of their interests. Article 101. When several bids are made for the operation of a public air transportation service, preference shall be given to the ap- plicaiit who guarantees greater safety, efficiency and continuity of service, in conformity with the public necessity. It shall be understood that applications receive equal consideration when the establishment of air transportation services aie proposed be- tween points of a same route or within the same area and the last application is presented within five days after presentation of the first. THIRD SECTION. NON-SCHEDULED SERVICES Article 102. For the performance of non-scheduled air services, an authorization from the Government shall be required which may be ex- tended for a maximum term of five years and which shall be renewable for periods of the same duration. This authorization shall be a personal and non-transferable docu- ment. It shall be cancelled by the Government when the holders fail to comply with the requirements established in Article 80, when they do not maintain their services in conformity with the provisions of this law and the regulations issued thereunder, or when the public neces- sity or convenience requires such action. Before a cancellation referred to in the preceding paragraph be- comes effective, the interested parties shall be given a reasonable period to present their arguments and evi(lence that they deem necessary to their interests. Article 103. In obtaining authorization to perform non-scheduled air transportation services the interest ccl party must p1~esent an appli- cation before the Ministry of Development that complies with the re- quirements stated in Article 89, with the exception of letter d) of that article. Article 104. After the authorization has been granted, a non-sched- uleci air carrier may not initiate its operations before p~o~~ng that it has fulfilled the requirements established in letters a) and c) of Article 92. Article 10.5. Independent of the authorization referred to in Article 102, a non-scheduled air carrier which desires to make a flight or a series of flights between points situated within the country or between a point in national territory and another point in foreign territory, must in every case obtain written permission from the General Direc- tion of Civil Aeronautics. Article 106. WThen a non-scheduled air carrier proloses to make a flight or series of flights between points served by a scheduled air car- rier, the permission referred to in the preceding article shall only be granted when the established carrier is not in a position to perform the service. PAGENO="0904" 894 AIR LAWS A~D TREATIES OF THE WORLD Article 107. Freight charges and rates for the performance of non- scheduled services shall be fixed by mutual agreement between the car- rier and the shipper, when they have not been previously determined by the Ministry of Development. FOLTRTH SECTION. SPECIAL PERMITS Artcle 108. Every air carrier that has an operating certificate for scheduled air services may perform special or express flights between points situated on or off its own routes but prior permission must be obtarneci in each case from the General Direction of Civil Aeronautics. If the operation is performed with foreign aircraft, compliance with Article 111 shall be required. Article 109. The General Direction of Civil Aeronautics may grant permits for the performance of survey flights and flights for technical studies over unexplored routes for the purpose of gathering data and evidence regarding the establishment of air transportation services. These permits shall be granted for a maximum period of 30 days, renewable if necessity requires it. Article 110. When, for lack of flying equipment duly proved, a Honduran carrier is obliged temporarily to rent an aircraft that is registered abroad, the General Direction of Civil Aeronautics may authorize the use of such aircraft for public transportation within the country, under a permit granted for a maximum period of six months, and renewable at the discretion of the General Direction of Civil Aeronautics. Article 111. The following methods and requirements for submit- ting applications and notifications shall be established and required for the flight of foreign aircraft in international flights over Hon- duran territory: a) Operators or owners of aircraft for private service which are used exclusively for private matters or for recreation, and which desire to fly over Honduran territory or land in it for non-commercial purposes, or the operators of commercial aircraft that desire to fly over Honduran territory or land at technical points for non-commercial purposes must notify directly by radio- phone, telegraph or mail, the General Direction of civil Aero- nautics at least 24 hours before making the projected flight, and must give the following information: 1. Names and nationality of the members of the crew; 2. Type of aircraft and registration.; 3. Date of flight; 4. Route to be followed; and, 5. Radio call signal (if they have a radio). b) Operators or owners of aircraft used for performing serv- ices for agriculture, such as fumigation, planting, etc., who desire to operate temporarily in Honduras shall apply for permission directly to the General Direction of Civil Aeronautics by radio- phone, telegraph or mail at least six days before making the pro- jected flight, and shall give the following information: 1. Names and nationality of the members of the crew; 2. Type of aircraft and registration; 3. Date of flight; PAGENO="0905" AIR LAWS AND TREATIES OF THE WORLD 895 4. Radio call signal; 5. Length of time it will remain in Honduras; and, 6. Area of operations. c) Operators or owners of commercial aircraft that possess a certificate to operate in Honduras must obtain previous per- mission from the General Direction of Civil Aeronautics for commercial flights within its routes but not its schedules. The permit granted will be valid for 48 hours after the antici- pated hour of the beginning of flight. The application shall contain the following information: 1. Name of the company; 2. Names and nationality of the members of the crew; 3. Type of aircraft and registration; 4. Date of the trip and anticipated hour of its beginrnng; 5. Airports of departure, arrival and intermediate airports; 6. Routes to be followed on Honduran territory; 7. Reasons for application; 8. Classification of flight; 9. Radio call signal; and, 10. Rates to be charged, if they are different from those authorized for regular flights. With the exception of number 10, it shall not be necessary to obtain this permit, and a simple notification that contains the same information shall be sufficient in the following cases: 1. Flights without remuneration, loading or unloading cargo and passengers: 2. Flights of aircraft in ballast. d) Operators or owners of commercial aircraft who do not possess certificates to operate in Honduras, and who desire to land on the national territory for commercial purposes, must obtain previous authorization from the Ministry of Development, pre- senting their application to the respective consul of Honduras, who will forward it through the Ministry of Foreign Affairs. The following data shall be given in the application: 1. Nationality of the aircraft; 2. Type and registration of the aircraft; 3. Names and nationality of the crew; 4. Anticipated date and hour of arrival; 5. Route to be followed; 6. Type of load transported (passengers or cargo) 7. Requested commercial rights (origin and destination of the transportation) 8. Radio call signal; and, 9. Rates to be charged, if the transportation originates on national territory. The General Direction of Civil Aeronau- tics shall notify the interested party of the decision of the Ministry of Development which shall not grant the permit if another carrier that holds an operating certificate or authori- zation to operate in Honduras can perform the service. e) Operators of State aircraft. who desire to fly over the tern- tory or land on it, shall apply for the authorization of the Minis- try of Defense through the Ministry of Foreign Affairs. When PAGENO="0906" 896 AIR LAWS AND TREATIES OF THE WORLD the Ministry of Defense grants the permit, it shall notify the General I)irection of Civil Aeronautics, if it appears to be con- venient for reasons of flight safety. Art ide 112. A provisional flight permit shall be granted to owners of foreign aircraft that visit the country on tourist trips, in accordance with f lie respective regulation, and they must. submit the notification specified in Article 111. FIFTh SECTION. INTERNATIONAL AIR TRANSPORTATION Artcle 113. In addition to compliance with the provisions of this law, the certificates that the Government issues for the operation of international air transportation services shall be in accordance with the treaties or agreements of civil aviation that have been signed and ratified by the Government of Honduras. Art;cIe 114. In order to determine an international air route, it shall be sufficient to specify the airports of entrance and departure within Honduran territory, as well as the point or points that will be touched by the aircraft in a foreign State before landing on and after taking off from national territory. With relation to international main routes, the Ministry of Development may demand that the route be described from terminal to terminal and by intermediary stops. Article 11.~5. Any foreign aircraft~ whose owner or operator desires to fly in transit over honduran territory or land thereon without tak- ing on or unloading passengers, cargo or mail, must: a) Notify the General Direction of Civil Aeronautics in con- forinity with Article 111; b) Comply with the safety requirements established by this law and the regulations issued thereunder as well as the legal provisions of his country with respect to nationality and regis- trat ion marks, safety equipment and accessories and have a certili- cate of airworthiness and licenses of the flight personnel and other pertinent, documents: and, c) Comply with the legal provisions of the Republic on customs, immigration and health. Article JIG. Owners of honduran civil aircraft who desire to take them abroad, either temporarily or for exportation purposes, must obtain a permission from the Ministry of Development. Ai't;clc~ 11'i~. The entrance into, and departure of aircraft from the country must be made at the airports designated by the General Direc- tion of Civil Aeronautics. Article 118. Foreign international air carriers that operate in Hon- duras nuist have~ a representative permanently stationed in the country, with sufficient power to appear before the administrative and judicial authorities for the purpose of answering any demand or claim that may be made. for acts related to air transportation. Article 119. When an aircraft coming from abroad lands in lIon- duran territory, the commander of the aircraft or tile agent of the same shall immediately present the following documents to the authorities: a. List of the crew; b. List of passen~ers and their personal baggage; c. Cargo manifest; PAGENO="0907" AIR LAWS AND TREATIES OF THE WORLD 897 d. Mail inventory; e. Dispatch and take-off permit from the last place of depart- ure; and, f. If the aircraft originates from a place or country affected by an epidemic, the corresponding health certificate shall be de- manded. In this case, the aircraft, its crew and passengers and effects transported shall be subject to the. sanitary regulations of the regulations of the Republic and to those of the Pan American Sanitary Code. The passenger list may be omitted in the discretion of the General Direction of Civil Aeronautics. Article 120. The commander of an aircraft for public transportation which is going abroad or, in his absence, the authorized agent of the carrier must present the following documents to the General Direction of Civil Aeronautics at least thirty minutes before beginning the flight: a. Flightplan; b. List of the crew; c. List of passengers and their personal baggage; d. Cargo manifest; e. Mail inventory; f. Dispatch and take-off permits; and, g. Health permit. Article 121. When due to an emergency an aircraft on an interna- tional flight is forced to land at an airdrome that is not an international airport, it inust~ immediately advise the aeronautical authorities and, in their absence, the nearest authority of the place so that the necessary measures may be taken in order to avoid the unloading of the aircraft without complying with the requirements of the Law. Extraordinary expenses that are~ incurred by this action shall be borne by the owner or operator of the aircraft. CHAPTER XI. AGRICULTURAL AVIATION Artic7e 122. The aeronautical branch that~ is organized, equipped and trained for the protection and development of a~riculture in any of its aspects, shall be considered agricultural aviation, involving the following activities a. The l)~eparation of land by the use of fertilizers and soil con- ditioners: b. Planting; c. Combating agricultural diseases: d. Application of defoliants, fertilizers, insecticides and weed killers, hormones, etc.; e. Artificial provocation of rain: and, f. Any other scientific application of aviation for agricultural purposes that have been approved by the competent authorities. Article 123. Authorization for aerial services related to agricul- tural aviation, and for equipment and flight personnel that participate in these services and operations, shall be granted in conformity with the regulations issued by the Government. Article 124. Every natural or legal person who operates aircraft en~aged in agricultural operations shall be liable for the damages that PAGENO="0908" 898 AIR LAWS AND TREATIES OF THE WORLD are caused to third persons or their property on the ground by the ap- plication of dangerous chemical substances or by an airplane crash or by objects thrown or lost from it. CHAPTER XII. PRIVATE AIR SERVICES Article 12.5. Private air services shall be those that have as their only and exclusive purpose: a. Tourism for private purposes and without any remunera- tion; b. Aerial work, such as aerial topography, aerial photography, commercial publicity and similar work; c. Private services of an enterprise and private purposes of the owner of an aircraft without any remuneration and distinct from those of public, and agricultural transportation; d. Industrial activities with/or without. compensation, as dis- tinct from public transportation: e. Training by duly authorized private aeronautical schools or by individuals with or without compensation; and, f. Scientific applications of civil aviation, such as educational fli~hts, determination of the path of hurricanes, flight of insects and migratory birds and analogous applications. Article 126. Authorization from the Ministry of Development., and Honduran nationality shall be required of natural or legal persons to undertake paid private air services. Notwith~.tanding th~ preceding paragraph, the Ministry of Devel- opment. may authorize temporary employment of foreign technical personnel and aircraft for the performance of paid private air serv- ices whenever it is deemed necessary. Such authorizations shall be granted for a period not exceeding six months, but may be renewed if the necessity continues. Article 127. Authorizations for paid private air services shall be granted for a. maximum initial period of two years, and may be ex- tended. Ari5cle 128. Owners and operators of aircraft for private services must fulfill all safety requirements that are established for public air transportation by this law and the reoulations. Article J29~ Private service aircraft in no case shall undertake public air transportation service. Article 130. Before beginning operations, a natural or legal person authorized t.o perform a paid private air service must prove to the Ministry of Development that lie has guaranteed payment for any liability sufficient to compensate for damages caused to third persons on the ground and to the crew, by means of insurance or bond from a reliable person. Article 131. The Ministry of Development may modify, suspend, revoke or cancel any authonzation to a private air service for noncom- pliance with the provisions of this law and of the regulations issued thereunder or with one of the terms, conditions or limitations of the respective authorization. However, no authorization shall be revoked or cancelled without ~rantin~ a reasonable period of time to the interested persons within which they may present their arguments or evidence pertinent to the defense of their interests. PAGENO="0909" AIR LAWS AND TREATIES OF THE WORLD 899 Article 132. Owners or operators of private service aircraft that use them for private purposes without remuneration and who are not in- cluded in Article 133, shall not need any authorization to make flights, provided they have obtained marks of nationality and registration and have their licenses, certificates of airworthiness and log books. In addition, they must comply with all provisions on safety of air navigation coiitained in this law and the regulations issued thereunder and guarantee by means of insurance or bond from a reliable person payment for any liability for damages to persons, or property of third persons on the ground and to the tecimical aeronautical personnel. CHAPTER XIII. AVIATION Crj~s, AVIATION SCHOOLS AND AIEc~p'r FACTORIES Article 133. Civil aviation activities pertaining to the training of pilots or ground personnel, or to the development of air tourism, may be undertaken only with the previous authorization of the Ministry of Development. In order to obtain this authorization, the following requirements must be fulfilled: a. In the case of a commercial corporation, it must prove that the incorporation constitutes it a legal person; in the case of a private association, it must prove that it has the capacity of a legal person. b. In the case of a school or training center for aviation per- sonnel, it must prove that it has complied with all the require- ments that the respective regulation establishes: and, c. In every case, competence and technical capacity must be shown to the satisfaction of the Ministry of Development. Article 134. The following shall be deemed of public use: a. Aviation schools and centers for aeronautical research; b. Air clubs; and, c. Manufacturers and suppliers for aircraft, engines, accesso- ries and aviation repair shops. Article 135. Authoriza.tion from the Ministry of Development shall be required for the establishment of manufacturing or supply plants for aircraft, engines and accessories or aviation repair shops, and the operators thereof shall in every case undertake such activities in accordance with the regulations and safety rules issued by the Gov- ernment and by its agencies that have jurisdiction in this mattel. Article 136. Schools or centers of civil aviation instruction and training may be official or private; in both cases they shall be. operated and controlled in accordance with the rules of this law and the regula- tions issued thereunder. Article 137. Instructors at civil aviation schools must be author- ized by the General Direction of Civil Aeronautics, and must possess a license in the form established by regulation. Article 138. The General Direction of Civil Aeronautics shall accept the results of examinations at recognized aviation schools for the issuance of the authorizations or licenses referred to in the pre- ceding article, but it reserves the right of re-examination when it is considered necessary. PAGENO="0910" 900 AIR LAWS AND TREATIES OF THE WORLD Artu~1e 139. An authorization granted in this form to an aviation school may be cancelled at any time of deficiencies in the instruction and issuance of licenses is proved. Jrt~*(7e 140. Aviation clubs shall be organized as civil associations and their statutes and bylaws must be approved by the Ministry of Development. Subsequently they shall apply to the respective author- ity for recognition as a legal person. The Ministry of Development shall control the aerial and technical activities of the clubs in accord- ance with the applicable regulation. Arficle 141. The importation of airplanes, engines, equipment, ap- paratus. materials, spare parts, fuel and lubricants destined for the rise of aviation clubs who have been recognized as legal persoi~s by the Government shall be duty free. Artkle 142. The General Direction of Civil Aeronautics may re- quest that the agency of jurisdiction or the Ministry of I)eveloprnent revoke recognition of an aviation club as a legal pe~'son if such club does not comply with the applicable regulations. Ci~u~n XIV. INVESTIGATION OF AIR ACCIDENTS Art i7e 143. The General Direction of Civil Aeronautics shall in- vestigate accidents that may occur to civil aircraft within the national territory. After conclusion of the investigation which shall be made in com- pliance with the applicable regulations that agency shall determine the probable cause of the accident and shall issue pertinent recoin- rnendat ions. If necessary, it niay impose administrative penalties and thereafter inform the competent judicial authorities of the facts. Ai'ti'7e 144. Search and salvage of crashed or lost aircraft shall be matters of public interest and the authorities, the air carriers and private persons shall cooperate in these activities within the scope of their respective competence in conformity with the provisions of the applicable regulations. Arficle 145. Search and salvage operations shall be directed and controlled by the General Direction of Civil Aeronautics, when the accident was suffered by a public transportation or private service aircraft. The expenses incurred in the rescue of an aircraft and of the victims shall be borne by the operators or owners of the aircraft that suffered the accident. Arfcle 14G. Any person who has knowledge of an air accident must inform the nearest authority, which shall communicate the facts by the fastest means to the General Direction of Civil Aeronautics. In the absence of a commander of an aircraft and of an aviation authority, the first authority that gives assistance at the place of the accident shall take all steps necessary for the protection of, and help to the passengers and crew, and take the aircraft, baggage, cargo and mail under its responsibility. Article 147. The Inspectors of Aeronautics or, if not available, the commander of the nearest aerodrome shall persoi~a1ly inspect the damaged aircraft, take the necessary measures and immediately report to the General Direction of Civil Aeronautics. Article 148. The Ministry of Development shall create auxiliary centers of search and salvage in ~iaces that are coiisiclered to be con- yen ient. PAGENO="0911" AIR LAWS AND TREATIES OF THE WORLD 901 Article 149. The owners, pilots or operators of civil aircraft shall immediately report accidents suffered by their aircraft to the General Direction of Civil Aeronautics. Article 150. Upon request by the authorities air carriers shall sub- mit precise reports on their aircraft that crashed or are lost. Article 151. An aircraft shall be considered lost in the following cases: a) By declaration under oath of the owner or operator, sub- ject to approval by the General Direction of Civil Aeronautics; an (1, b) When its whereabouts are unknown after ninety days from the date when the last official or Private news has been received of the aircraft. in both cases, the Ministry of I)evelopment shall declare the loss and order the cancellation of the marks of na- tional ity and regis~rafion in the corresponding l~egister, after previous report from the General l)irection of Civil Aeronautics. The statute of limitations for civil actions shall be counted from this date of declaration. Article 152. An aircraft shall be considered abandoned: a) When the owner or operator so states in writing to the Ministry of I)evelopment; b) When it remains at an aerodrorne for a period of ninety days without operating and without being directly or indirectly taken care of by its owner or operator; and, c) When it lacks marks of nationality and registration, and the name of the owner and place of origin is unknown. The Ministry of Development, after a report from the General Direc- tion of Civil Aeronautics, in the case of letter a) shall declare it abandoned without demanding compliance with any other re- quirement. In the cases of letters b) and c), it shall publish a notice in La Gaceta for three days and after eight from the date of the last notice, without anyone making a claim, it shall de- clare the aircraft abandoned and put it at the disposal of the Ministry of the Treasury and Economy so that. the latter may proceed to sell it at auction for the benefit of the national treasury. Article 1.5.2. In case of an air accident, any national or foreign aircraft which is located in Honduras must go to the rescue of the victims, but it shall first communicate with the General Direction of Civil Aeronautics by the fastest means of communication. If a foreign aircraft is within foreign territory, it will need special permission from the General Direction of Civil Aeronautics to do so. Article 154. The civil and military authorities nearest to the place where the accident occurred shall take the necessary action of sending salvage crews to the place of the crash in order to assist the victims and station military or civil guards until investigators appointed by the General Direction of Civil Aeronautics arrive. A rticle 155. If for unforeseen reasons or force majeure, an aircraft must make a forced landing within national territory, the commander or pilot of the aircraft and, in their absence, any member of the crew shall take care that no merchandise or baggage is unloaded and that the passengers do not leave the place of landing without permission from the customs authorities and others called to intervene, except when it is necessary to perform salvaging maneuvers. PAGENO="0912" 902 AIR LAWS AND TREATIES OF THE WORLD Article 1.56. Mail transported by an aircraft that has suffered an accident. or has made a forced landing must be picked up by t.he corn- inander of the aircraft or in his absence, by aiiother member of the crew, and in the absence of both, by a responsible person. In either case it must be delivered at the earliest possible date to an employee of the postal service. TITLE II CHAPTER I. THE AIR CARRIAGE CONTRACT Article 1.57. An air carrier shall be deemed any natural or legal person that has been granted an operating certificate or authorization by the Government and that performs air transportation services for passengers, cargo or mail by scheduled or non-scheduled service. Article 158. For the purposes of this law any enterprise that ful- fill~ the requirements of the preceding article shall be classified as a carrier, whether or not it owns aircraft. An employee shaH be deemed any agent or subordinate of the car- rici who acts in the name of, or for the account of the same while he performs the functions of his position, whether or not such functions are within his authority. Jrtic7e 159. Whenever the transportation is effected by several carriers, the carrier that performs the final stage of transportation specified in the respective contract shall be considered as the "last carrier." However, when transportation effectively ends at a point before the destination stated in the contract, the carrier of this stage shall be considered the last carrier. Art ic7e 160. The natural or legal person in whose name the aircraft is registered in the Register of Aeronautical Property shall be con- sidered the owner. Aitic7e 161. By the air carriage contract the carrier undertakes, for a stil)ulated price, to conduct passengers or goods from one place to another, Lv air, and to deliver the latter to the consignee. Article 162. Domestic air transportation shall conform to the pro- visions of the present law and the regulations issued thereunder and, in case no provisions exist by contract, to the provisiolls of the Com- mercial Code. All transportation shall be deemed domestic in which, by contract between two parties, the place of origin and the place of destination are located within the national territory. Article 163. In the absence of international treaties, covenants or agreements. international air transportation shall be governed by the princil)les established in this law and the regulations issued there- under. All transportation shall be deemed international in which, by contract between the parties: a) The place of origin and destination are located in the tern- tory of two different States: b) The place of origin and destination are located in the terri- tory of another State. A,t,cie 164. When various carriers perform air transportation, it shall he deemed one carriage when the parties have treated it as a sin~ie operation. Ti iticie 165. When the place of origin and the place of destination are located within the national territory, the carriage shall not lose its PAGENO="0913" AIR LAWS AND TREATIES OF THE WORLD 903 domestic status when the aircraft, because of force majeure, has to make an unforeseen landing in foreign territory. Article 166. In the case of international air carriage, the carrier may not, permit passengers to board the aircraft if they cannot prove that they are permitted to land at the destination point, and at the anticipated stops when the country where the stops are made requires a transit visa. Article 17. In the carriage of passengers, the carriers shall issue passenger tickets that must contain the following specifications: a) The place and date of issuance; b) Points of departure and destination; c) Anticipated stops; and, ci) The name and domicile of the carrier and the passenger. In domestic carriage, the carrier shall issue flight tickets as part of the passenger ticket for the stops that the passenger requests at inter- niediary stops of the route (anticipated stops). Article 168. The lack of, irregularities, or loss of the passenger ticket shall not affect the existence or validity of the carriage contract which shall continue in accordance with the provisions of this law. No carrier who accepts a passenger without issuance of a ticket shall have any right to rely on the provisions of this law, which ex- clude or limit his liability. However, in case of loss of the ticket and if the carriage is domestic the passenger must purchase another ticket to make his trip, and the carrier shall reimburse the value of the lost ticket within 60 days from the date on which the loss has been reported to the carrier. Article 169. Any carrier which offers air transportation service shall make available a seat and a safety belt for each passenger. If it offers domestic air transportation service, it shall transport without charge any child whose weight is less than 13.80 kilograms (30 pounds), that is, the average weight of a three-year-old child, who travels with his parents or guardians. In this case, no seat need be made available for the child. When the child weighs over 13.80 kilograms (30 pounds) but not over 34.50 kilograms (75 pounds), that is, the average weight of a 12-year-old child, it shall be transported for half fare. In this case, a seat and safety belt. shall be made available to the child. In case of accident the carrier shall pay compensation in the amounts stipulated in regard to passengers by this law. Article 170. In the transportation of baggage, with the exception of objects that the passenger retains under his care, the carrier shall issue a baggage tag that must. be in two parts; one for the traveler and an- other for the carrier, on which the following shall be specified: a) Place and date of issuance; b) Points of departure and destination c) Name and address of carrier: ci) Number of passage ticket; e) Number and weight of pieces; and, f) Total value declared, when such declaration has been made. Article 171. The lack, irregularities, and loss of the baggage tag shall not affect the existence or validity of the carriage contract., which shall continue in accordance with the provisions of this law. $9--73T---(i~i---vo1. i-58 PAGENO="0914" 904 AIR LAWS AND TREATIES OF THE WORLD 1-lowever, no carrier who accepts baggage without issuance of the corresponding tags. or if the tag does not contain the data indicated in letters c), d) and e) of Article 170, shall have any right to rely on the provisionS of this law which exclude or limit his liability. Ait;c/e 1213. Merchandise may be transported as express or freight. Mercliaiidise transported as express shall be deemed to be that which is (lespatched by the carrier with priority over any other cargo and within a maximum pei'iocl of 4S hours after receipt. Merchandise triuiFported as freight shall be deemed that which the carrier des- patches at any time with in a maximum period of 7 days after receipt. A it;cle 17.3. Notwithstanding ~)aragraph 2 of this article, any carrier of merchandise may request of the shipper the issuance and de- liveiy of a document called "Letter of Air Ca rIinge", ~vl i ich may be issued to the carrier, to order, or by name and which is negotiable in the manner and with the effects 1)1o~nidied1 for in the Commercial Code for inst ruments of t his kind. however, the lack, irregularities, or loss of said document shall not affect the existence or vali(1~ty of the carriage contract which shall con- in iie in aceordaiice with the provisions of this law, Article 177 not- wit list an cling. Art2c-7e 114. The issuance of the letter of air carriage shall be subject to the following iiiles a) It shall be issued by the shipper in three original copies and be delivered with the merchandise b) The f-list copy shall early the indication "for the carrier" and shall be signed by the shipper. TI second copy shall carry the in- dieiit ion "for the consignee'' and shall be signed by the shipper and t lie carrier, and shall accompany the merchandise. The third copy slial I be signed by the carrier and shall be delivered by it to the shi il)per after the merchandise is accepted c) The signature of the carrier must be affixed to this document from t lie moi ~ient t lie inerchaiidi se is accepted ci) The signature of the carrier may be replaced by a seal or stamp; the sluppers signature may be stamped or replaced by a seal ; and, e) if, by request, the letter of air carriage is issued to the ship- per. lie shall be consicleied as acting for the account of the shipper, unless there is proof to the contrary. ~1rt;ele 175. The carrier shall have the right to request of the shipper the issuance of separate letters of carriage when there are several pieces. A rf,?le 176. The letter of air carriage shall contain the following indications a) The place in which the document has been issued and the date of issuance; Ii) The pojnts of departure and destination; c) The anticipated stops, with reservation of the right of the carrier to stipulate that lie may change them if necessary; ci) The name or firm name of the shipper and his address; e) The name or firm name of the first carrier and his address; f) The name or firm name of the consignee and his address, if require-cl; g) The nature- of the merchandise; PAGENO="0915" AIR LAWS AND TREATIES OF THE WORLD 905 h) The number of pieces, form of packaging, special marks or number of pieces; i) rflle weight, quantity, volume or dimensions of the merchan- dise; j) The apparent state of the merchandise and of the packaging; k) The terms for the transportation if stipuhite~l ; ap~)iical)ie rates; the date and place of payment and the ~ who must pay; 1) If the shipment is sent COD, the price of the merchandise; and, if applicable, the total of the freight charges; m) The amount of the declared value, when such declaration has been made; n) The number of copies of the letter of air carriage; o) The documents transmitted to the carrier to accompany the letter of air carriage; and, p) The terms of shipment and a brief statement of the route to be followed, if it has been stipulated. ArtJcle 177. If time carrier accepts the merchandise without issuing a letter of air carriage, or if such letter does not contain all the infor- imiation required in Article 176, letters a) to i), inclusive, and in letter i), the carrier shall have no right to rely on the provisions of this law that exclude or limit his liability. Art frIe 178. The shipper shall be responsible for the accuracy of the information and declarations which refer to the merchandise coy- ered in tile letter of air carriage. Consequently, the shipper shall be liable for all damages suffered by the carrier or any other person, caused by wrong, inexact or incomplete indications or declarations. Artcle 179. The letter of air carriage shall certify the existence of the contract, the receipt. of the merchandise and the conditions of the carriage, unless there is proof to time contrary. The statements in tile letter of air carriage regarding weight, dimen- sions and packing of time merchandise, as well as the number of j)ieces, shall be proof, unless there is proof to the contrary. The statements regarding quantity, volume and state of the merchandise shall consti- tute evidence against the carrier only when made in tile presence of tile shipper and stated in the letter of air carriage. ilrtk7e 180. The lack, irregularities, of loss of the letter of air carriage shall not affect the existence or validity of the carriage con- tract which shall continue in accordance with tile provisions of this law. Article 181. As long as he complies with his obligations under the carriage contract, tile shipper shall have the right to dispose of tile merchandise, to remove it from the aerodrome of origin or destination, to detain it. en route in case of landing, or to have it delivered at the point of destination or en route to a different person than the con- signee indicated in the letter of air carriage, or to request its return to the aerodrome of origin, provided exercise of this right does not cause injury to the carrier or other sluppers. and provided further he pays the resulting expenses. Artkle 182. In case it is impossible to carry out time orders of the shipper, time carrier must iinmed~itel advise him thereof. PAGENO="0916" 906 AIR LAWS A~D TREATIES OF THE WORLD Article 183. In addition to an action against the shipper, if the car- rier follows the Shipper's orders as to disposition of the merchandise without requesting presentation of the letter of air carriage issued to the shipper, the carrier shall be liable for damages that could be caused to the holder of the letter of air carriage because of this fact. Article 184. The right of the shipper shall cease when the con- signee's right begins, in conformity with the provisions of the follow- ing article. However, if the consignee refuses the letter of carriage or the merchandise, or if the consignee cannot be located, the shipper shall recover his right to dispose of the merchandise. Artcle 183. Except in the cases indicated in the preceding articles, the shipper shall have the right, after the arrival of the merchandise at the destination point, to request the carrier to remit the letter of air carriage and to deliver the merchandise., after payment of freight and compliance with the transportation conditions indicated in the letter of air carriage. Article 18G. Except when otherwise stipulated, the carrier must ad- vise the consignee of the arrival of the merchandise. Article 187. When the carrier admits that the merchandise has been misplaced or when at the end of a term of six clays after the date when the merchandise should have arrived, it. is not received, the consignee may exercise the rights granted in the carriage contract against the carrier. Article 188. The carrier and the. consignee may exercise the rights conferred by Articles 187, 189, 190, 191, 192, and 193, in regard to the obligations imposed by the contract. Article 189. Articles 181, 182. 183, 184, 185, 186, 187 and 188 shall not. affect. the relations between the shipper and the consignee or be- tween third parties whose rights derive either from those of the carrier or the consignee. Aiticle 190. Any stipulation in derogation of the provisions of Articles 181. 182, 183. 184, 185, 186, 18~, and 188, must be expressly stated in the letter of air carriage. Article 191. The shipper shall supply time data and attach to the letter of air carriage any documents which are necessary for compli- ance with the customs, port, 1)011cc and health formalities before remitting the merchandise to the consignee. The shipper shall be liable to the carrier for all damages that. may result from the lack, insufficiency or irregularity of such data and documents, except when the fault is chargeable. to the carrier or his employees. The carrier need not affirm that. those data and documents are exact or sufficient. CHAPTER II. LEGAL STATrS OF TilE COMMANDER OF THE Artcle 792~ Any aircraft used for public transportation service shall be under the command of a. commander nominated by the op- erator and chosen from among the pilots belonging to the flight personnel. Article 193. The commander shall be responsible for the direction, care, order and safet.y of the aircraft., for the other members of the crew, t.he passengers and their baggage, the cargo and the mail trans- ported. This responsibility shall begin when he takes charge of air- PAGENO="0917" AIR LAWS AND TREATIES OF THE WORLD 907 craft to begin the flight and shall cease at the end of the flight when the carrier's agent or any competent authority takes the aircraft, t.he passengers, the cargo, the baggage and mail in his charge. Artcle 194. The commander of an aircraft shall have the power: a) To give orders or instructions for the control and direction of the aircraft; b) To maintain order on the aircraft and enforce restrictive measures on board in regard to persons who disturb the peace, mis- behave, refuse or fail to perform any service that is part of their duty; c) To arrest any person who commits a crime, to gather in- formation on the incident and deliver the guilty party to the competent authority at the nearest landing place; d) To suspend for serious cause any member of the crew of his functions; e) To make a record of births, deaths and other incidents that may have legal consequences, which occur on board during a flight, by logging them in the log book; f) To adopt the necessary measures to maintain the equipment, ~nd supplies of the aircraft in good flight condition during the ~triI); and in case of landing outside an aerodrome on its route., to adopt the necessary safety measures; g) To jettison ballast to save the aircraft from imminent dan- ger; and, h) To alter the route in case of force m.a}enre. Article 19ô. In the situation contemplated in letter c) of the preced- ing article, the commander of an aircraft shall communicate the incidents to the competent authorities at the first place of landing on national territory, or to the competent foreign authorities and to the nearest Honduran consul, if the landing is made outside the country. Article 196. The commander of an aircraft shall have the duty: a) To ascertain that the aircraft and the members of t.he crew have all documnent.s and books required by the laws and regulations; b) To assure that the aircraft and its equi~ ~nent have been carefully inspected and are in perfect operating &~onditions; c) To be in possession meteorological reports concerning his route, and to refrain from beginning the trip if he does not have a satisfactory forecast at least. to the first point of landing; d) To supervise the distribution of the cargo on board and to prevent a greater load than that authorized; e) To reject merchandise which is in visibly bad condition, consitutes danger for the aircraft. or serious trouble for the pas- senge.rs and crew, and also proh~b~ted articles; f) To prevent, the embarkation of persons in abnormal physical or niental condition who may endanger the. order or safety of the trip. CIIAPi'm III. A1RCRAVr CONTRACTS AND PREscRIvrIoN Article 197. Every contract by which property in an aircraft is transferred or which confers a property right must be in the form of a public document~, and be inscribed in the ilegister oi~ Aeronautical Property. PAGENO="0918" 908 AIR LAWS AND TREATIES OF THE WORLD Article 198. When a mortgage or any other form of property right exists on an aircraft, the judicial sale will be effected as if it were real estate; in other cases such sale will be effected in conformity with tile rules of personal property.3 Article 199. Two or more persons may be joint owners of an aircraft and such joint ownership shall be governed by the rules of the Civil Code. A,'ticle 200. A charter shall be deemed a contract by which the ]essor, for a remuneration, yields to another person the total or par- tial use of the capacity of an aircraft. for a trip or a series of trips, for a number of kilometers to be covered, or for a certain period of time, and reserves for himself the control and authority over the crew and the technical guidance of the aircraft. The rights and obligations derived from the charter may not be granted, totally or partially, if such rights have not been expressly agreed upon. Article 201. The lessee shall be deemed the contracting party who has made a charter contract with tile owner or operator of an aircraft and who has the right to put~ the contract into effect. Article 202. The charter contract must be in writing and be ap- proved by the Ministry of Development, which shall grant such ap- proval oniy if the lessor is authorized to pro\nicle the service proposed for the aircraft, in conformity with the provisions of this law. Article 203. All liability regarding a transportation contract reP- ferreci to in this law shall devolve on the lessee but there shall be joint liability of the lessor and the lessee when it concerns indemnifi- cation for damages to passengers, registered baggage, cargo, to third parties on the ground and to technical persommel. Article 204. If the lessor is authorized to do so and has in turn chartered the aircraft to another, the liability with respect to the transportation contract, shall devolve on the last lessee, but there shall be joint liahil v between the lessee and the former lessees when it concerns damage to passengers, checked baggage, and cargo, to third persons on the. ground and technical aviation personnel. Article ~0.5. Rental of aircraft may be made for one or more trips for kilometers to be covered, or for a period of time, and the lessor shall he imder a duty to make delivery of the aircraft at the agreed time and place, audi provided with the necessary flight, documentation. In case of a rental, the lessor shall not have to equip the aircraft but must maintain it in normal conditions of use. to the termination of the contract, but I Iin~ (lutv shall cease in the case of fault of the lessee. The lessor shall not have the crew under his control and super- vision: the lessee shall be in charge of the technical control of the aircraft. Article 206. Rental of c.ivil aircraft~ shall l)e made by a public docu- ment or by authenticated private document. but in. order to have any effect agaInst third parties, it shall be registered in the Register of Aeronautical Property whether it. be i puiii~c or authenticated private document. Article 207. A 1-londuran aircraft may not be sold, given, leased or taken abroad without authorization from the Ministry of Develop- ment. The sale to foreigners at public auction shall be excepted from this provi~aon. ~ The original Spanish text uses the term propiedad Inmueble" which, obviously, Is In error. Ed. PAGENO="0919" AIR LAWS AND TREATIES OF THE WORLD 909 The authorization must state the purpose for which the aircraft will be employed and the place where it will perform its operations. Article ~O8. Notwithstanding that they are personal propeity, civil aircraft shall be susceptible to mortgage. In the absence of pro- visions in this law, such contract shall be governed by the applicable provisions of the Commercial Code and, in their absence, of the Civil Code. Article 209. A mortgage shall be preferred over any other debt ex- cept in the following cases: a) Court costs and expenses for the preservation of the aircraft during a la\v suit b) Compensation for rescue or salvage operations occurring during the existence of the mortgage; c) Debts to the State for taxes and fees with respect to the use of airports or the auxiliary services of air navigation for a period of not more than 60 days; d) Expenditures made by the commander of the aircraft in exercise of his authority which were indispensible for the con- tinuat ion of the last trip; and, e) Salaries earned by other members of the crew and employees on board the aircraft during the last trip. Article 210. If an aircraft is destroyed or expropriated, the mort- gage creditor may assert his preference rights oii the insurance and on any compensation that is owed to the proprietor. Article 211. Mortgaged aircraft in this country may not temporarily or permanently be transferred abroad without the express consent of the creditor, who must grant authorization in the form of a public document. Article 212. The fuselage or the engines of an aircraft may not be changed without the express consent of the mortgage creditor. Article 213. A mortgage shall be deemed terminated for the follow- ing causes: a) Loss or total destruction of the aircraft, without thereby affecting the provisions of Article 210.; and, b) Public judicial sale, provided the creditor is given judicial notice in conformity with the general laws. Article 214. Aircraft, engines, propehlors and other spare parts for an aircraft may be pledged without being removed; such act shall be governed by the provisions of this law, and in their absence, by the Commercial Code. Article 21.5. A contract~ of pledge must be in the form of a public document and shall be recorded in the Register of Aeronautical Prop- erty; while the registration continues in force, no transfer or right granted in the object pledged shall affect the contract. Article 216. In addition to the requirements of the applicable laws, mortgage or pledge contracts shall contain a description of the mort- gaged or pledged aircraft~ and equipment and other data that identify them with certainty without thereby affecting the piovisions of the Commercial Code concerning mortgages on an enterprise. Article 217. In case of seizure or any other judicial attachment of aircraft, engines and other spare parts used in a public air transporta- tion service, the judicial authority imposing such measure shall pro- vide the necessary equipment so that the service will not be interrupted, and shall notify the Ministry of Development of its action. PAGENO="0920" 910 AIR LAWS AND TREATIES OF THE WORLD Artcle 918. In regard to any matter not expressly provided for in this law, contracts on aircraft shall be governed by the applicable pro- visions of the Commercial Code, and, in their absence, by other ap- plicable general laws. Article 219. Aircraft. may be acquired by prescription, and the rules of the Civil Code for the prescription of personal property shall apply. CHAPTER IV. CIVIL Liurn.~rry DAMAGES TO PASSENGERS Article 220. The carrier shall pay compensation for damages or in- juries caused by the death, or for any injury suffered by a passenger because of the carria.ge, if the event that caused the damages takes place from the time when the passenger boards the aircraft until he debarks from the same, and even when such aircraft is stationed at an airport or place of landing, including an accidental or forced landing. The duty referred to in the preceding paragraph shall include com- pensation for dama~es caused in cases of accident or force majeure. The term "injury" shall cover bodily, organic or functional injuries as well as those that affect the mental faculties. Article 221. Compensation for damages caused by accident or in cases of force majeui'e shall be in the following amounts: a) For the death of a passenger, L20,000.OO; b) For injurie.s causing permanent and total incapacity, L25,000.00; c) For injuries causing permanent partial incapacity, up to a maximum of L15,000.00; d) For injuries causing temporary incapacity up to a maximum of LS,000.00; and e) For all other injuries, up to a maximum of L5,000.OO; In the cases provided for in letters c), d), and e), the judge shall determine the amount of the compensation within the limits specified, taking into consideration all the circumstances that affect the injured person. Article 222. Before beginning operations, the damages referred to in the preceding article shall be covered by an insurance policy to be contracted for by the ca.rrier with an institution accepted by the Min- istry of Development, which shall be ina.intained in effect during the term of its operating certificate or authorization. Article 223. When the factor that caused the damages has been duly proved to be. the fault of the carrier or its employees, the compensa- tion shall consist of the amount specified for each case by Article 221, increased by 50~. Article 2~4. When the competent judicial authority has determined the existence. of intent on the part of the carrier or its employees, the liability of the c9rrier shall be unlimited. In any cave. the amoimt of the compensation, when intent is found, shall never be less than that which is caused by negligence of the carrier or its employees. Article 225. With respect to a foreign international air carrier with a certificate or authorization 2ranted by the Government, the compensation for damages referred to in Articles 220, 221, 223, and PAGENO="0921" AIR LAWS AND TREATIES OF THE WORLD 911 224 caused to passengers who have purchased their passage ticket in Honduras, shall be governed by the provisions of this law, whether the point of departure or destination of the trip is on Honduran terri-~ tory or abroad and wherever the place may be where the damage occurred. In all cases covered in the preceding paragraph, the Honduran au- thorities shall have jurisdiction to settle the questions involved. Article 226. Foreign international air carriers that operate in Honduras must contract for insurance referred to in Article 222 with insurance companies accepted by the Ministry of Development. Article 227. Compensation for damages to technical aviation per- sonnel for which a carrier is liable, shall be payable in conformity with Title IV of this law. Article 228. Any clause that tends to exonerate the responsible~ carrier or to fix limits below those established by this law, shall be void, but the nullity of such clause shall not invalidate the carriage contract. which shall continue subject to the provisions of this law. Article 229. The liability referred to in Articles 220, 221, 223 and 224, shall apply to damages and injuries suffered after the termination of the transportation period specified in said articles, if such damage.s were the direct result of an event that occurred during such period. Article 230. Damages resulting from events intentionally pro- voked by the victim, or which are caused by an unlawful act of a third person, or those suffered by the passenger on boarding or leaving an aircraft tlia.t is stationary or moving, shall not. crea.te any liability for the carrier when they are. due. to an obvious lack of care or violation of safety regulations on the part of t.he person who suffered the damages. Article 231. The Ministry of Development shall ascertain that the insurance policies for damages in air transportation are maintained in effect for the term of the operating certificate or authorization. Article 232. Insurance cont.racts for air transportation of pas- sengers shall be exempt from all taxation, contribution and other public burdens that directly refer to it.. Article 233. In case of death of, or injury to a passenger, the per- son or persons who have a right to claim compensation must make such claim within the term of one year from the date when the event that created the claim occurred. Article 234. The carrier shall pay compensation for the damages and injuries suffered by a passenger as a consequence of delay in the transportation, if the delay takes place during the time when the flight should have begun in accordance with the provisions of the transportat.ion contract, to the time when the trip terminates. Any delay or deviation from the route agreed upon by the parties or from the regular route approved by the General Director of Civil Aeronautics for the trip in question for reasons of protection of human life, or of safety, or of adverse weather conditions, shall not be con- sidered a violation of the transportation contract, nor shall it. create any liability for the. carrier. Article 235. In case of delay of an aircraft., the liability of the car- rier shall be limited to a maximum amount equivalent to twice the~ price of the passage ticket in accordance with the respective transporta- tion contract. PAGENO="0922" 912 AIR LAWS AND TREATIES OF THE WORLD A?'fic7e 2.36. In case of damages caused to a passenger due to de- lay in I ransportation. the claim must be made within thirty clays fol- lowing the date on which the delay which created the claim occurred. SECOND SECTION. DAMAGES TO REGISTERED BAGGAGE AND TO CARGO A i'tir7e 2.37. The~ carrier shall pay compensation for damages and in- luries due to loss, destruction, damage or delay of cargo or registered bagga~e. if the. event fhat~ caused the. damages took place dui'ing the pelio(l of transportation. For the efiect of the preceding paragraph. the period of transporta- ton shall l)egin when the carrier receives the cargo or registered bag- gage until the time of its delivery to the consignee. 1,'t;c7( 2.38. The carrier shall pay compensation for damages and injuries occurring due to loss, destruction, damage or delay of hand baggage, if the event that caused the damages took 1)1 ace from the time when the ~)assenger boards the aircraft until he leaves it, and even when the aircraft is stationary at an airport or other place of landing, in- cluding the place of a forced or accidental landing. Aitc7c 2.39. The iiahiilitv specified in Articles 237 and 238 shall apply to damages and injuries suffered after the termination of the l)eriods of transportation specified in said articles, if such damages were the direct result of au event that occurred during any such period. ~1ii;cle 240. In case of 1055, (lestruction, damage or delay of the cargo or registered baggage, the liability of the carrier shall be limited to a maximum amount of compensation of (32) thirty-two lempiras per kilogram of gross weight. In case of loss, destruction, damage or delay of hand baggage, the liability of the earlier shall be 1 imied to a maximum amount of six hundred lempiras as compensation to the owner of the hand baggage. 4 ~t;~7~ 243. Xot!iwithstanding the. provisions of Article 237, the carrier shall not be liable if it is proved that the damage to registered bagga!~e or cargo is due to defects of the merchandise, to unlawful acts of a third party, or intentional acts of the shipper. With respect to hand l)a~gage. the. carrier shall be liable under the provisions of Article 23S. only when the passenger proves that the (lamage resulted from the negligence of the carrier or its employees. Ai't;c7c 242. Fnle~s there. is proof to the contrary, the receipt of bag- gage or cargo without any piotest on the part of the passenger or con- si2ilee, shall estabiish a presumption that the effects were delivered in good condition and in conformity with the transportation contract. if, at the time of reecirt, the. passenger or consignee presents a written reservation to the carrier stating that the baggage or cargo have not been examined, no such presumption shall be. established. Article 24.3. In the case of damage to baggage or cargo, the title- holder to whom tile transported effects are to be delivered, must make a claim to the carrier within three days following the date of receipt with respect to baggage. and within the following seven (lays with respect to cargo. Article 244. A claim for loss or delay of baggage or cargo must be made within thirty clays following the date on which the effects should have been put at the disposal of the passenger or of the con- signee, or of tile person to whom the delivery should have been made. PAGENO="0923" AIR LAWS AND TREATIES OF THE WORLD 913 THIRD SECTION. DAMAGES TO THIRD PERSONS OR PROPERTY ON THE GROUND Article 245. The operator of any civil aircraft that flies over Hon- duran territory shall be liable for damages and injuries that may be caused to third persons or property on the ground. Any person who suffers damages shall have the right to payment therefor under the conditions established in this law by proving that the damages were caused by an aircraft in flight or by a person or thing falling from the aircraft. However, no payment shall be in order if the damages are not the direct consequence of the event that caused such damages or if they are due to the mere fact of passage of the aircraft through the air space, in conformity with the regula- tions on air flight. Article 246. For purposes of the liability specified in the preceding article, the operator shall be deemed to be: a) The air transportation company; b) Thecarrier; c) The natural or legal person to whom the authorization was granted, insofar as paid private air services are concerned; and, d) The owner of the aircraft when private aircraft used for the private purposes of the owner without remuneration is con- cern ed. Article 247. For the purposes of this law, an aircraft shall he con- sidereci in flight from the time that it applies its engines to take off until it finishes landing. If it concerns an aircraft lighter than the air, the expression "in flight" shall be applied to the period covered from the time it leaves the ground until the time when it is again secured to the ground. Article 248. Any person who, without havin~ t lie use of an aircraft, uses it~ without the consent of the operator, shall be liable for any clam- ages caused. The operator who has not taken ~ulequate measures to avoid unlawful use of his aircraft shall be jointly liable with the person who causes the damage. Article 249. No person liable for damages to third parties under this section shall be liable for damages that are the direct con- sequences of armed conflict or civil disturbance or if he has been de- prived of the use of the aircraft by an act of a public authority. Article 2~5O. Liability for damages to third parties may be excluded or diminished when the person who has suffered the damages has caused, or contributed to causing them. Article 251. Compensation due for damages and injuries under Article 245 by persons liable under this law shall not exceed for each accident: a) Twenty thousand lempiras for an aircraft whose weight does not exceed 1,000 kilograms; b) Twenty thousand lempiras, plus twenty lempiras for each kilogram over one thousand kilograms for aircraft that weigh more than one thousand but not exceed six thousand kilograms; c) Eighty thousand lempiras, plus twelve lempiras for each kilogram over six thousand kilograms for aircraft that weigh more than six thousand but not exceeding twenty thousand kilo- grams; PAGENO="0924" 914 AIR LAWS AND TREATIES OF TI~ WORLD d) Two hundred thousand lempiras plus six lempiras for each kilogram over twenty thousand kilograms for aircraft that weigh more than twenty thousand but not exceeding fifty thou- sand kilograms; e) Four hundred thousand lempiras, plus four lempiras per kilogram over fifty thousand for aircraft that weigh more than fifty thousand kilograms. Article 252. For the purposes of this law, "weight" shall mean the maximum weight of the aircraft authorized for take-off by the air- worthiness certificate excluding the effect of buoyant gas, when it is used. Article 253. The operator of any civil aircraft whether national or foreign, that flies over Honduran territory must be insured for lia- bility for damages to third parties on the ground up to the limit established according to the weight of the aircraft in conformity with Articl 251. Article 254. Insurance shall be considered satisfactory if it con- forms to the provisions of this law and if it has been contracted for with an insurance company accepted by the Ministry of Development or, with respect to foreign aircraft, legally authorized by the country of registration of the aircraft. Article 255. Compensation for death or injuries to persons on the ground who may suffer damages caused by accident, by force majeure, or by negligence, shaH be the same as that established in Articles 221 and 223, respectively; but if it involves several persons, such compen- sation shall be divided proportionately and according to each case, but the total shall riot exceed the limits specified in Article 251. Article 256. lithe person who suffers the damages proves that they were caused by a deliberate action or omission of the operator or his employees, the liability of the operator shall be unlimited and shall be governed by the provisions of Article 224. Article 257. When damage is caused simultaneously to persons and to property, a third of the compensation shall be used for payment of damages to property, and two-thirds for damages caused to persons. FOURTH SECTION. DAMAGES CAUSED TO TmRD PARTIES ON TIlE GROUND IN CASE OF COLLISION Article 258. In case of damages caused to third parties on the ground by collision of two or more aircraft, the operators thereof shall be jointly liable to the victims for the damages up to an amount equal to the sum for which all aircraft in the collision are liable for the accident, under the preceding section. Article 25.9. If the collision was caused by the negligence of one of the aircraft, the operator of the innocent aircraft shall have the r1ght to demand of the operator of the other the value of the compensation for which he would have been jointly liable to the victims. If there has been contributory negligency, the operator of the air- craft who, as a consequence of joint liability, has paid a sum greater than was due shall have the right to claim the excess amount from the operator of the other aircraft. Article 260. If t.he collision was acicdental or was caused by force nmajeure, each of the operators of the aircraft shall be liable within the PAGENO="0925" AIR LAWS AND TREATIES OF THE WORLD 915 limits and on the conditions specified; however, the operator who has paid a sum greater than that for which he is liable shall have the right to demand the excess amount. FIFTH SECTION. GENERAL PROVISIONS Article 261. Civil liability of national or foreign carriers in inter- national air transportation shall be governed by Article 225 insofar as provided therein, and otherwise by the international agreements in force in the Republic. In the absence of such ~igreements such liability shall be governed by this law and by other applicable laws, when the accident or the damages and injuries have occurred in national territory. Article 262. In all cases of contractual or extracontractual liability provided for in this law, the right to demand compensation shall terminate when no action is brought within two years from the date on which the event that caused the damages occurred or, otherwise, from the date on which the transportation began. Article 263. In all cases of contractual liabilit.y covered by this law, a higher limit of compensation may be fixed by virtue of a special agreement between the company or carrier and the passenger or shipper, as the case may be. Article 264. The guaranties supplied in conformity with this law to pay for damages arising from contractual or extracontractual lia- bility must be used primarily or preferentially for the payment of any compensation established by this law. Article 265. Every claim must be presented in writing to the carrier concerned. Article 266. When a claim is not made within the terms previously provided for, no action may be brought against the carrier, unless it is proved that he is guilty of fraud. Article 267. Damages caused by aircraft on land shall be regulated by the general laws. Article 268. The provisions of the general laws shall be applicable in all cases not provided for in this law. TITLE III. VIOLATIONS Article 269. The General Direction of Civil Aeronautics shall orga- nize and regulate the service of registration of civil aircraft in the entire country for the purpose of guaranteeing safe conditions of air navigation. Ai~tic7e 270. The General Direction of Civil Aeronautics shall have the power to enforce strict compliance with the laws and regulations relating to civil aviation and to impose appropriate penalties. To impose penalties the General Direction of Civil Aeronautics shall first hear the accused. The appeals established in the Code of Administrative Procedure may be used against the decisions of the General Direction of Civil Aeronautics, unless this law provides otherwise. Article 271. A fine of from L100.OO to L1,000.OO shall be imposed on any commander or pilot, of any civil aircraft who, without having ~peeial authorizatioii or without foice 1,~ak?1/e.. a) Flies over cities or populated areas at a lower altitude than that prescribed in the flight regulations; PAGENO="0926" 916 AIR LAWS AND TREATIES OF THE WORLD b) Per )rms acrobatic flights, or buzzes, or performs dangerous inaiieuver~ over cities or populated areas; c) File- an aircraft without. markings of nationality and regis- trat iou; ci) Flies an aircraft without a certificate of airworthiness or without such certificate having been validated e) Flies. or is a member of a crew of an aircraft without a li- cense or certificate of qualification required according to cate- gory, class, and type of the aircraft concerned, or when such docu- nients have not been duly validated. In all cases specified in this article, in addition to the fine, the license of the responsible pilot may be suspended at the discretion of the General Direction of Civil Aeronautics. Article 272. A fine of L100.00 to L1,000.0O shall be imposed on any owner or operator of civil aircraft for permitting tile aircraft to travel: a) Witilout markings of flatiollality and registration b) Without a certificate of airworthiness, or with an invalid certificate; without a registration certificate or with an invalid certificate; c) When the crew consists of persou~s who lack the respective aeronautical license. Article 273. A fine of L1,000.0O to L5,000.00 shall be imposed on any owner or operator of civil aircraft in the following cases: a) For altering or modifying tlue markings of nationality and registration of au aircraft without authorization from tile General Direction of Civil ~\.eronautics; b) For registering all aircraft ill tile register of another State without cancelling tile Honduran markings of nationality and regist rat iOn c) For ordering tile commander or pilot of an aircraft to violate this law and other regulations; d) For bringing a foreign aircraft into this country or for tak- ing a natiollal aircraft abroad without complying with the re- quirerneilts of this law- and tile regulations issued thereunder; e) For not immecliatel informing tile Ministry of Develop- ment of accidents to his aircraft; f) For permitting his aircraft to disturb or impede air navi- gation or circulation at. aerodromes; g) For transporting without authorization firearms, dangerous or inflammable materials, explosives and similar articles; h) For transporting corpses, contagious or mental patieiltS without authorization from tile competent authorities and, when ill aircraft used for public transportation, for transporting per- sons in a state of drunkenness or under the effect of narcotics; i) For using or permitting the use of photographic. u1ppa1~~~ us on hoard an aircraft without the respective permit. Article 274. A fine of L100.00 to Li .000.00 shall be imposed on any COrnlrlan(ler or pilot of any civil aircraft a) For disobeying any air flight, orders or instructions that. he receives: b) For flying an aircraft without the respective license, or with a suspended or expired license. Tue same penalty shall be im- PAGENO="0927" AIR LAWS AND TREATIES OF THE WORLD 917 posed on other members of the flight personnel under the same circumstances; c) For permitting any person who is not a member of the flight personnel to take part in the operation of the aircraft d) For abandoning the aircraft, the passengers, the cargo and other property at a phice that is not. the destiiiatioii and without a serious and just cause; e) For flying an aircraft after having drunk alcoholic bev- erages in any amount. The same penalty shall lie imposed on any other member of the crew under the same circumstances; f) For permitting a member of the flight J)erSoflnei to par- ticipate in the operation of the aircraft under tile conditions speci- fied in letter e) or any member of the crew, as tue case may be; g) For flying over prohibited areas; Ii) For permitting tile use of aerial photographic apparatus on board an aircraft in flight without a permit i) For performing acrobatic flights, buzzing, or exhibition flights over cities or populated areas, or away from these places without permission j) For throwing, or permitting the unnecessary throwing over- board, of objects or ballast from tile aircraft k) For performing demonstration or technical test flights or instruction flights without permission ; and, I) For not immediately informing the General I)irection of Civil Aeronautics of accidents. Ai't;ele 27.5. A fine of Ll,000.OO to L~,OOO.OO shall be imposed on any commander or pilot of any civil aircraft that flies over national terri- tory in tile following cases: a) For not landing at civil aerodromes that have been specified in the necessary flight permit or authorization b) For flying over prohibited areas: and, c) For making or permitting the making of aerial photographs or mans on board an aircraft in fi n2llt without n nut Ilorizuitlon. Art ele 276. A line of L1.000.OO to LlO,000.OO shall he imposed on any air carrier that operates with operating certificates or authorization from the Government, in the following cases: a) For performing operations in violation of stated flight routes and time tables and schedules that have been officially approved b) For refusing to transport persons or cargo without a lawful reason; c.) For impeding or trying to impede an aircraft from using an aerodrome or airport that has been declared open for public use by the Ministry of I)evelopment; ci) For noncompliance with the obligations imposed by this law and the regulations issued thereunder, Ifl tile operating cer- tificates or authorizations, in cases which, in the judgment of the Ministry of I)evelopment, do not merit cancellation of the certifi- cate or authorization e) For not effecting, preserving and maintaining its flight equip- ment,, aerociromes, and other equipment relating to the safety and efficiency of transportation in the manner spechied by regulations; and, PAGENO="0928" 918 A~ LAWS AND TREATIES OF THE WORLD f) For not following the air routes or not landing at the air- ports according to the rules issued by the Government or con- tained in the operating certificate or authorization, as the case may be. Article 277. A fine of L100.00 to L10,000.OO shall be imposed on air carriers operating under certificates or authorizations from the Gov- ernment, or on technical aeronautical personnel, for any other viola- tion of this law and the regulations issued thereunder which are not provided for in this chapter. TITLE IV. GENERAL PROVISIONS FIRST SECTION. RELATION BETWEEN CARRIERS AND THEIR EMPLOYEES Article 278. Flight and other persoimel aboard shall fly the time determined by the respective regulation and shall be entitled to a paid vacation of one month each year. The ~2'roun(l perswmel shall be entitled to vacations of the same length of time. Ai~tic7e 279. Employees of air carriers who have not completed one year of service and who are dismissed from their positions without fault on their part after six months of work, shall receive cash pay- ment for vacation accrued up to the time when they cease to be empi ovees. Aiticle 280. Air carriers shall pay compensation to persons speci- fifld in the Law on Work Accidents in the. amount of L30.000.00 for each member of the. crew of an aircraft who dies in an air accident. Likewise, when a member of the ilight or other personnel aboard an aircraft performs duties related to his work without being assigned thereto his employer shall be liable for the compensation specified in the preceding paragraph. jit;cie 281. The compensation specified in the first paragraph of the preceding article shall be reduced to the sum of L20,000.00 for each member of the ground personnel, when he has to board an air- craft on matters related to his work. Article 282. The provisions of the preceding two articles shall not affect the provisions of Article 97 of the Law on Work Accidents. A ~t;~7~ 283. When flight or ground personnel are transferred, trans- portation of the employee and his family shall be paid for by the employer. In addition, lie shall receive extra wages amounting to 50% of his regular salary to cover expenses for his installation during the first month of residence at his new post. SECOND SECTION. GENERAL AND TRANSITORY PROVISIONS A,~tic7e 284.~ The importation of combustibles, lubricating oils and other consumable supplies utilized in the mechanical parts and equip- ment of aircraft of Honduran carriers operating in the country with an operating certificate outhorization or permit shall not be subject. to import duty. A similar provision will apply to aircraft belonging to Honduran aviation clubs or private individuals. Amended by Decree 174, La Gaceta, December 2, 1957. PAGENO="0929" AIR LAWS AND TREATIES OF THE WORLD 919 Article 285. Foreign carriers shall be free from the taxes to the same extent which by reciprocity the country of their nationality grants to Honduran carriers. Article 286. Air carriers may not transfer to third persons any equipment or materials that have been brought into the country under exemption of customs import duties without permission from the Ministry of Development and the Ministry of Treasury and Econ- omy, and by the payment of such duties. Article 287. A term of sixty days from t.he effective date of this law shall be granted to air carriers and owners of every civil aircraft that now operates in Honduras to apply for its operating certificate and authorization from the Ministry of Development in order to continue operating in the country, in conformity with the provisions of this law. During the period between such presentation within the time speci- fied for application for an operation certificate or authorization and the issuance thereof, air carriers and civil aircraft may continue their operation. If such application is not presented within the specified period, the Ministry of Development shall proceed immediately to cancel the license, authorization or permit of air carriers or civil aircraft op- erating in Honduras. Article 288. This law abrogates the Aeronautical Law of March 14, 1950 and the regulations issued thereunder and other provisions in conflict with it. Article 289. This law shall take effect thirty days after its publica- tion in La Gaceta. 39-7~7-65-vo1. 1-59 PAGENO="0930" PAGENO="0931" HUNGARY On November 10, 1964, the presidium of the Hungarian People's Republic issued Edict No. 26 of 1964 on Civilian Aviation. On the same day the Hungarian Government issued Decree No. 27/1964 imple- menting that Edict.~ They entered into force on ~January 1, 1965. Translations are now being prepared. Until then Hungary never had a comprehensive code on civil avia- tion. Provisions on the subject are scattered among decrees and direc- tives of several ministries issued since 1922. Even the validity of earlier statutes could iiot be ascertained : it is possible that. certain pro- visions of a decree., or the entire decree was repealed by a later (lirecñve which is a confidential document.. Such documents may not be pub- lished in the official gazette, but only in a departmental gazette which is not available in the United States or in any other country outside Hun- gary. The Hungarian authorities do not give information on these matters. In 1948 the jurisdiction over civilian air traffic was given to the Ministry of Transportation. However, this jurisdiction is not exclu- sive because the Minister of Defense. has authority to designate pro- hibited air areas, the Minister of the Interior may enforce security measures which may be issued either by himself, by the Minister of Defense, by the Minister of Transportation and Postal Matters, by the Chief of the General Staff of the Army, or by their subordinate agencies. Very few decrees were made available for the public after World War II. One of these is Decree No. 850/em. OLP. 1/1949 (XI.3.) H.M.,1 issued by the Minister of Defense, which established prohibited areas above which all air traffic (domestic or foreign) is banned. The attached map shows the extent of the prohibited area. This decree presumably was not repealed or amended. However the 1960 edition of the Collection of Statutes in Force (Budapest, 1960) does not in- chide this decree. On August. 1, 1959, the Minister of the Interior issued Decree No. 3/1959 (VIII.1.) B.M.,' which established the Air Police which has the duty t.o enforce safety regulations issued by the. different, authori- ties to preserve the national security in air traffic matters, and to pre- vent. crimes in air transportation. So far the Air Police has been th~ only authority in the administration of civilian air traffic, supervised by the Minister of the Interior. Magyar Kozlöntj, No. 227, p. 1861, November 3, 1949. 2 Mogsjar Közlöny, No. 80, p. 651; August 1, 1959. ~ Both statutes are published in Magyar KOziony, No. 68 of November 10, 1964. 921 PAGENO="0932" 0 ~ 0 0110 PAGENO="0933" ICELAND LA.W ON AVIATION' CHAPTER I. INTRODUCTORY PRovIsIoNs Article 1. Any machine and substantial parts thereof, capable of rising in the air or remaining aloft or moving in the air, is deemed an aircraft for the purposes of this law. Article ~. Flights within Icelandic territory may take place under the conditions and limitations provided for in this law, and the regula- tions enacted pursuant to this law. Article 3. Flight.s within Icelandic territory may be made only by aircraft: a) of Icelandic nationality, or b) of foreign nationality if a treaty has been concluded with the foreign country granting the right of flight within Icelandic territory; c) when special reasons exist, the administration may permit flights within Icelandic territory of aircraft other than those men- tioned in paragraph 1, provided that the safety requirements deemed necessary are observed. Such permission may be revoked at any time. Article 4. The President of Iceland may exercise the right to re- strict or prohibit flights in certain parts of the Icelandic territory only if such measures are deemed necessary for public safety or regu- lated by public law. Tinder emergency circumstances and for rea~sons of public safety the President of Iceland has the right to restrict or prohibit flights throughout Icelandic territory. Article 5. This law shall also apply to Icelandic aircraft outside Icelandic territory unless the provisions of this law conflict with a foreign law which applies by virtue of a treaty with a foreign country, or with generally recognized principles of law. The regulations issued by the Minister of Aviation as well as other regulations which conform to this law shall be valid outside Icelandic territory. The provisions of Chapter 9 shall apply also to the flight of foreign aircraft outside Icelandic territory unless otherwise provided for by, a treaty with the foreign country or by general principles of law. CHAPTER 2. REGISTRATION, NATIONALITY AND MARKING Article 6. The aircraft register (nationality register) shall be kept by the Board of Aviation. The recordation of rights in aircraft shall be regulated by a special I Adopted by the Leglsiatnre (Aitbing) on May 9, 1964. For preliminary note ~ee Denmark, 8upra. 923 PAGENO="0934" 924 AIR LAWS AND TREATIES OF THE WORLD Ai'ticl~e 7. Only an aircraft which belongs to an Icelandic owner may be registered in Iceland. Icelandic owners are deemed: a) the State of Iceland and institutions under its manage- ment; b) Icelandic municipalities; c) Icelandic nationals; d) charitable institutions for which only Icelandic nationals are responsible and which have their seat in Iceland; e) associations for which only Icelandic nationals are respon- sible which have their seat in Iceland, as well as those of which % of the members are Icelandic nationals; f) joint stock companies under the exclusive management of Icelandic nationals which have their seat in Iceland, in which only Icelandic nationals, or persons deemed equal to Icelandic nationals, own shares or owii at least 2/3 of the share capital with 2/3 of the vote.s at the general assembly; g) other companies with limited liability, when at least 2/3 of the share capital is owned by Icelandic nationals or by per- sons deemed equal to Icelandic nationals, which have their seat in Iceland and are managed by Icelandic nationals residing in Iceland; 11) partnerships which consist entirely of Icelandic nationals or of persons deemed equal to Icelandic nationals. The Minister of Aviation is authorized in special cases to permit an aircraft which has its home port in Iceland and which has constantly operated there, to be registered in Iceland even if the owner does not fulfill the requirements of provisions a-g of this Article. Artic7e 8. An aircraft which is registered in a foreign country may not be registered in this country unless the foreign registration is can- celled. The rights which, in accordance with an agreement with the foreign countiv, ale 1ecoguize(l iii Iceland, shall, for the purpose of having legal effect, be recorded in the Icelandic register if the holders of the rights submit their agreement to the transfer of the right.s. Article 9. An aircraft shall not be registered unless it has been granted a certificate of airworthiness or approved by the Aviation Board. Article 10. An aircraft. shall be registered upon the written appli- cation of its owner. The application shall contain the information necessary for registration and shall be accompanied by documents which show that the applicant is the owner, where and by whom the aircraft was manufactured, and whether or not the provisions of Arti- cles 7-9 have been observed. If the right of ownership is subject to conditions and limitations in favor of another party, such fact shall be mentioned in the application. In order to prove ownership rights the owner must submit satis- factory evidence of title of ownership and the registrar may request that he publicly announce his right of ownership, subject to challenge within two months. If there are no protests, the registrar shall acknowledge the right of the applicant. Article 11. When the Aviation Board approves the application for registration of an aircraft, the aircraft shall be registered and granted registration markings. PAGENO="0935" AIR LAWS AND TREATIES OF THE WORLD 925 The register shall contain: a) the nationality and registration markings of the aircraft; b) data necessary for identification of the aircraft; c) data concerning the owner, manner of acquisition of the aircraft and the conditions and limitations, if any, provided for in paragraph 1, Article 10; d) a statement as to the airworthiness certificate of the aircraft; e) the day and year of the registration; f) other data in accordance with the regulations issued by the Minister of Aviation. Article E3. If, after registration, the ownership of the aircraft is transferred in whole or in part to another owner, or the aircraft changes nationality, or if the aircraft is substantally changed through altera- tion which affects its identification, the owner shall notify the Avia- tion Board of the changes without delay, submitting the necessary documents. The same shall apply if the owner no longer fulfills the requirements of Article 7. If, according to contract, an aircraft is transfered in whole or in part, the responsibility to submit notice thereof shall also be assumed by the vendor. If there is a judicial sale by a bailiff, or through bank- ruptcy or public administration of a deceased person, the bailiff or the Surrogate Court (executor) shall assume such responsibility. In accordance with Articles 10 and 11, the registration authority shall enter the appropriate information in the register, or strike the aircraft from the register in accordance with Articles 13 and 14, or make such notations in the register. Article 13. An aircraft shall be stricken from the register: a) if requested by the person who is registered as its owner; b) if the conditions provided for in Article 7 are rio longer fulfilled and if the Minister of Aviation refuses to permit such registration to remain in the register; c) if the aircraft is wrecked or destroyed; d) if the aircraft is lost. An aircraft is presumed to be lost if three months have passed since its last take-off and no informa- tion is available that the aircraft is still intact.. The owner of the aircraft shall inform the office of the registration authority without delay, of any of the occurrences mentioned in para- graphs of this Article if this has not been done in accordance with Article 12. When an aircraft has not had a valid airworthiness certificate for a period of three years, it may be stricken from the register unless the owner submits such certificate within the time limit specified by the registration authority. Article 14. If a mortgage on the aircraft is recorded in the regis- ter, the aircraft may not be stricken from the national register wit.hout the consent of the mortgagee. In this case a notation shall be made in the register of the circumstances which might cause cancellation of registration of the aircraft. Such notation shall not affect the mortgage but, in other respects, shall have the same effect as cancella- tion of the registration. When an aircraft is stricken from the register or a notation is made in the register in accordance with paragraph 1, Office of the Register of R.ight.s on Aircraft shall be informed. PAGENO="0936" 926 AIR LAWS AND TREATIES OF TI~ WORLD Article 15. If an aircraft is sold on the installment plan with the reservation of property rights, the registrar shall be informed with- out delay. The responsibility to submit such information shall be assumed both by the owner and the purchaser. Such facts shall be recorded by the registrar. If an aircraft which is registered in this country is transferred to a lessee or a.ny ot.her person for use in his own account, for an un- specified period or for a period of at least 14 days, each contracting party ma.v submit information to the registration authority which shall record the facts. Article 16. When an aircraft is manufactured on Iceland's account in a foreign country or is transferred to Icelandic ownership, and the requirements of Articles 7 and 8 relating to registration are fulfilled, the aircraft may be temporarily entered upon application in a special pa.rt of the aircraft register in accordance with a regulation of the Minister of Aviation. Article 17. If an aircraft. is under construction in this country it may be ente.red temporarily upon the application of the owner in the special part of the aircraft register only if the const.ruction has reached the stage where the aircraft can be recognized and the owner fulfills the requirements of Article 7. Article 18. If an aircraft. is entered temporarily in the special part of the aircraft register in accordance with Articles 16 or 17, the pro' visions of Articles 12 to 15 shall apply accordingly. If such aircraft is permanently registered, it shall be stricken from the special part and entered in a. new list of the register. NATIONALITY OF AIRCRAFT Article 19. An aircraft registered in accordance with Article 11 shall have Icelanclic nationality. The registration authority shall issue a nationality and registration certificate for the aircra.ft. Article 20. If an aircraft is stricken from the register, or a. notation has been made in the register in accordance with Article 14, the owner of such aircraft, or the former owner, if the aircraft is transferred to foreign ownership, must return the nationality and registration certificate t.o the registration authority without delay. If there are any entries in the register referring to changes in facts referred to in the certificate, the owner must return the certificate to t.he registration authorit.y without delay which shall include the changes in the certifi- cate or issue a new certificate. Article 21. If an aircraft is temporarily registered according to Articles 16 and 17, the registration authority shall issue temporary nationality and registration certificates for such aircraft in accordance with the regulations issued by the Minister of Aviation. The aircraft shall have Icelandic nationality until the registration is in force. Article id2. Icelandic aircraft used for flights in accordance with this law shall have Icelandic nationality and registration certificates in conformity with the regulations in force. For flights within Ice- landic territory, foreign aircraft must have foreign nationality and registration certificates or comparable documents granted by the for- PAGENO="0937" AIR LAWS AND TREATIES OF THE WORLD 927 eign country which, according to agreement, has a right to make flights within Icelandic territory. The regulations issued by the Minister of Aviation shall apply to aircraft which, according to Article 3(c), are permitted to make flights within Icelandic territory. MARKINGS OF AIRCRAVf Art ~cZe 23. Aircraft registered in t.he Icelandic national register in accordance with Articles 11, 16 or iT, shall have Icelandic nationality a.nd registration markings. The aircraft shall bear these markings as long as it remains in the register. Foreign aircraft which, according to an agreement, has the right to make flights within Icelandic territory shall, during such flights bear markings which, according to the regulations of the foreign country, are valid there. Aircraft which is granted permission in accordance with Article 3(c) shall bear markings in accordance with the regulations of the Minister of Aviation. CHAPTER 3. AIRWORTHINESS Artice 24. Aircraft used for flights in accordance with this law, must be airworthy. An aircraft may not be considered airworthy unless it is designed, constructed, equipped, maintained and has flight characteristics con- sistent with standards of safety. Article 25. The Aviation Board shall carry out the inspection of aircraft and see that aircraft used in accordance with this law are airworthy. The Aviation Board shall have the right to perform the inspection or supervision through Icelandic or foreign experts or agencies desig- nated for this purpose. Article 26. When it has been established by inspection or other means that an aircraft is airworthy, a certificate of airworthiness shall be granted by the Aviation Board for such aircraft. The certificate may be granted for a specified period and may be limited to flights of a specified nature or to specified areas. The Minister of Aviation shall have the right to determine that the certificate or special document which must follow the certificate, contains specific instructions on the use of the aircraft to ensure the continued airworthiness of the aircraft. The certificate may be renewed upon application only if the air- worthiness of the aircraft, in accordance with the laws in force, is maintained at the time of renewal. The Icelandic or foreign experts or agency shall inspect the aircraft in accordance with Article 25(2) and the Aviation Board may authorize them to renew the airworthi- ness certificate. Article 27. Icelandic aircraft used for flights in accordance with this law must have an airworthiness certificate issued by the Aviation Board as evidence of airworthiness. Foreign aircraft must have, for flights over Icelandic territory, a proper certificate or airworthiness certificate issued or approved by PAGENO="0938" 928 AIR LAWS A~D TREATIES OF THE WORLD the foreign country which shaH be recognized in this country pursuant to an agreement with such country. The Minister of Aviation is authorized to grant to aircraft which do not have airworthiness certificates, in accordance with paragraphs 1 and 2, special permission for flights within Iceland's territory. Such permits may be revoked at any time. A rticle 28. Unless provided otherwise by the Minister of Aviation, an Icelandic airworthiness certificate shall become invalid: a) If an aircraft has not been inspected as required by the regulations; b) if an aircraft or its equipment has been subject to altera- tions which might affect its airworthiness; c) if an aircraft or its equipment has sustained damage affect- ing its airworthiness. The Minister of Aviation may declare an airworthiness certificate invalid on other occasions if incidents have occurred which, accord- ing to his judgment, affect the airworthiness of the aircraft. In the case mentioned under (c), the invalidity shall remain in effect until the Aviation Board considers the aircraft airworthy. \Vhen an airworthiness certificate has become invalid, the Aviation Board may demand its return. Article 29. The requirements of Articles 26 and 28 on Icelandic airworthiness certificates shall apply correspondingly to the approval of foreign airworthiness certificates by the Aviation Board as well as to the renewal or cancellation of such certificates. Article 30. The owner or user of an aircraft used for flights in ac- corciance with this law is responsible for maintaining the airworthi- ness of the aircraft and for seeing that a valid certificate of airworthi- ness is in effect. In accordance with the regulations issued by the Minister of Avia- ation the owner or user must notify the Aviat.ion Board of all incidents which might affect the airworthiness and submit all information nec- essary for purposes of inspection. Article 31. The Aviation Board and the experts and agencies re- ferred to in Article 26 shall have access to any aircraft used for avia- tion pursuant to this law, and shall have the right to inspect the air- craft and its equipment when necessary to fulfill their responsibility of inspection and supervision. Likewise it is their right to require from the owner or user and crew members all necessary cooperation. They are authorized to demand that the aircraft be prepared for in- spect ion as well as for test flights and other necessary tests. An inspection pursuant to this Article shall be made if the circum- stances and conditions so require. Ji~tic7e 32* In order to test the conditions of an aircraft, or for other special reasons, the Aviation Board, pursuant to the regulations of the Minister of Aviation, may make exceptions to the provisions of this Chapter and to the regulations issued in accordance with this chapter. Artclc 33. The Minister of Aviation has the right to provide that the building of aircraft and the manufacture of accessories and spare parts, and maintenance, repair, alteration or accessories and spare parts, may be performed only by persons approved for such work or by an enterprise which has been approved for this work. PAGENO="0939" AIR LAWS AND TREATIES OF THE WORLD 929 CHAPTER 4. THE CREW Article 34. An aircraft used for flights in accordance with this law must have an adequate crew. The Minister of Aviation shall issue detailed regulations on crews. The owner or user of an aircraft shall be responsible that the air- craft has an adequate crew. Article 3.5. The Aviation Board shall see that the regulations on crews are observed. The Board may a.uthorize Icelandic or foreign experts, or a foreign agency, to perform the supervision. Article 36. The Minister of Aviation shall specify the requirements for service on an aircraft in regard to nationality, age, physical and mental qualifications, moral character, education and training. Article 37. A certificate for service on an aircraft as commander or in such other position as determined by the Minister of Aviation shall be granted by the Aviation Board to persons who fulfill the established requirements for service. The certificate may be limited t.o service on a specified type of air- craft, or for flights within specified areas. The certificate shall be granted for a specified period and may be re- newed upon application for a specified period provided, at the time of application for renewaT, the. holder of the certificate has fulfilled the requirements for the type of service authorized by the certificate. The certificate may be denied to persons convicted of a crime if it may be assumed that the certificate may be. abused. Article 38. Any person serving on an aircraft. referred to in Article 37 shall have a certificate which has been granted or approved by the Aviation Board, or a certificate issued or approved by a foreign coun- try, provided the. certificate is valid in this country by virtue of an agreement with such country. A person serving on an Icelandic aircraft on international flights must have a certificate granted or approved by the Aviation Board. The Aviation Board may refuse recognition to a certificate issued to an Ice.landic national by a foreign country for fiight.s over Icelandic territory. The Aviation Board may grant a special license to serve on an aircraft, regardless of the provisions of paragraph 1. Such license may be revoked at any time. Article 39. The Aviation Board may cancel an Icelandic certificate for the remainder of the period of validity or suspend it when its holder does not fulfill the requirements for the type of service author- ized by the certificate. When the Aviation Board finds grounds for cancellation of a cer- tificate in accordance with paragraph 1, it may suspend the certificate until the matter of the cancellation is finally decided. When a certificate is cancelled or suspended pursuant to this Ar- ticle, it shall be returned to the Aviation Board. Article 40. The provisions of Articles 37 and 39 on the granting, renewal and cancellation of certificates shall also apply to the ap- proval, renewal or cancellation of foreign certificates by the Aviation Board. Article 41. Any person to whom a certificate is granted or approved by the Aviation Board shall advise the Aviation Board of any mci- PAGENO="0940" 930 AIR LAWS AND TREATIES OF THE WORLD dent which might affect the holder's continuing compliance with the requirements for this type of service. He shall be subject to such investigations and tests as may be deemed necessary by the Aviation Board. When a physician finds that the health of a person in service on an aircraft is such that his service may cause danger to the aircraft and has cautioned the owner in this regard, the owner must notify the Aviation Board thereof in accordance with the regulations issued by the Minister of Aviation. Article 42. The Aviation Board may permit an aircraft to be used for training or for other special purposes even if it is not manned pur- suant to the requirements of this Chapter. CHAPTER 5. AIRCRAFr COMMANDER AND FLIGHT PERSONNEL Article 42. There shall be an aircraft commander on all Icelandie aircraft used for flights in accordance with this law. The commander shall be the highest authority aboard the aircraft. Article 44. The commander shall be responsible [for seeing] that the aircraft is airworthy and properly equipped, maimed and loaded, and that the flight, is prepared and carried out in accordance with the regulations. The provisions of Article 30 concerning notification of the Aviation Board of circumstances which might affect t.he airworthiness and submission of information required for the performance of an air- worthiness inspection shaH apply accordingly to the aircraft com- mander. In accordance with the regulations issued by the Minister of Aviation, the aircraft commander shall submit information to the Aviation Board on the members of the crew and flight working abilities. Article 45. The aircraft, crew, passengers and cargo shall be subject to t.he authority of t.he commander. `When he deems it. necessary, the commander may assign temporarily members of the crew to duties other than those they normally perform. To maintain order and good conduct. aboard an aircraft, the pas- sengers must follow the instructions of the commander. Wrhen he deems it necessary the commander may refuse to take aboard, or remove from the aircraft members of the crew, passengers, cargo or baggage. Article 46. The right of the commander to enforce compliance with his orders by the persons aboard may be exercised oniy when it is necessary for maintenance of order and good conduct. When an airc.raft is in danger, or some other emergency arises, the commander may use all means which he deems necessary for main- tenance of orde.r and safety aboard the aircraft. The members of the crew must assist. the commander in this I espect even without an order. WThen a person does not. obey the directions of the commander and suffers an mjury he shall have a~ cause of action for damages only if more severe means were used against him than the circumstances de- manded. Article 47. When a serious crime is committeed on an aircraft, the commander shall take the measures necessary under the conditions to clear up the case, if postponement of such measures would be detri- mental. PAGENO="0941" AIR LAWS AND TREATIES OF THE WORLD 931 The aircraft commander shall use due care to prevent the offender from escaping and, if necessary, hold him m custody until he can be handed over to the police m Iceland or to the appropriate author- ities in a foreign country. The commander may take custody of objects which may be of im- portance as evidence until they can be handed over to the pohee or the authorities referred to in paragraph 2. Article 48. The aircraft commander shall ensure that the required flight logs and other documents are on board an aircraft and are duly kept. Article 49. In case of an emergency the aircraft commander shall take all measures in his power to save the aircraft, the persons and cargo aboard. If it is found necessary to abandon the aicraft the commander shall take all necessary care to save the aircraft documents. Article 50. it shall be the responsibility of the aircraft commander to inform the Aviation Board and, as soon as possible, submit a report on any air accident which resulted in the death of, or serious injury to persons on or outside the aircraft, or in serious damage to the aircraft or property outside the aircraft. The same shall apply when there was grave danger of such accident or of a material defect in the air- craft or in the airport procedures and their operations. If the aircraft conunander is unable to submit this information or to make a report himself it shall be submitted by the owner or operator of the aircraft. The Minister of Aviation may issue regulations concerning limita- tion on the duty to submit this information or to extend it to other members of the crew, or to submit this information to agencies other than the Aviation Board. Art~icle 51. Any person who serves on an aircraft must follow in his work the orders of his superior, safeguard the aircraft, persons and cargo aboard, and generally conscientiously perform his duties. Article 5~. No person may perform or attempt to perform services on an aircraft if, because of the use of alcohol, stimulants, or narcotic drugs, or because of sickness or exhaustion or other reasons, he is unable to perform his services in a satisfactory manner and according to the rules of safety. An aircraft commander or other members of the crew is considered under the influence of alcohol and may not perform services on an aircraft if he has over 00.4 pe.r thousand of alcohol in his blood, or has sufficient alcohol in his hod~ tlntt it may be assumed to have formed such quantity of alcohol in his blood. He shall not be exonerated from guilt even if he had less alcohol in his blood. Aircraft commanders and persons performing any service on an aircraft as well as persons in charge of air traffic control may not use alcohol for 18 hours prior to starting their work or during their work. Violation of this provision shall be punished by temporary revocation of the certificate for a period of not less than 3 months, or, in aggra- vated circumstances, or if such violation was repeated, by pernmnent revocation. . Persons who perform services on an aircraft~ may not use alcohol as a stimulant or narcotic drugs during a period of six hours after completion of work, unless they have reason to assume that. an official check was made at their work. PAGENO="0942" 932 AIR LAWS AND TREATIES OF THE WORLD If there are reasons to do so, the police may take persons who serve on aircraft to a physician for examination as, for instance, for the takin~ of specimens of blood and urine, and may assist the physician for this l)~1rpose, if necessary. It is prohibited to employ ~ in service omi aircraft who are in the condition mentioned in paragraphs 1 and 3 of this Article. If an aircraft commander or other member of the crew indulges in alcoholic beverages, in a public eating place and the owner or any of his employees know or have reason to assume that he violated the provisions of paragraphs 1 or 3 of this Article, such owner or employee shall do everything possible to prevent the violation, if necessary with the assistance of the police. The chiefs of police shall, in their districts, enforce implementation of this provision by managers of public eating places. The Minister shall stipulate by regulations the minimum period of leave for persons performing service on aircraft in order to safeguard flight safety which shall be observed by the persons hired for per- forming services on aircraft, the carriers and the Aviation Board. Artcie 53. When a person performing services on an aircraft is injured or becomes ill away from his home, the employer shall pay all expenses for medical care, hospital service and transportation home. Article 54. The Minister of Aviation shall determine the extent to which the provision of this chapter shall apply to foreign aircraft operated within Icelandic territory. CHAPTER 6. XIIiDROMES AND ochER INSTALLATIONS FOR AvIATION GENERAL PROVISIONS Article 55. Airdromes and other installations used in aviation shall comply with the requirements established by tile Minister of Avia- tion, unless otherwise provided for by law. The Minister of Aviation shall issue regulations on the conditions which shall be observed in the operation of airports insofar as there are no special regulations for flights. The Minister of Aviation shall issue instructions on the operation, maintenance, and supervision of such installations. The official su- pervising the installations shall also supervise compliance with other provisions of this Chapter and such regulations as may be issued on the basis of this Chapter. The official may demand access to aviation installations and other property to the extent necessary to carry out his responsibilities. A rtieie 56. The Minister of Aviation may designate air routes and other areas where aviation is subject to special regulations. Article 57. The duty of the Service for Safety of Aviation is to further tile safety of aviation and perform rescue operations. The Minister of Aviation shall issue regulations for this service and stipu- late the extent to which the duties may be performed by other than ~overnmemit agencieS. LICENSEES A ,tiele 58. For the establishment and operation of an airdrome for public use. a license shall be granted by the Minister of Aviation in PAGENO="0943" AIR LAWS AND TREATIES OF THE WORLD 933 addition to the approval granted pursuant to Article 63. This pro- vision does not apply to state airports. The Minister of Aviation may stipulate that an airdrome may be established without a license, taking into consideration the nature of the airdrome, the amount and hours of traffic, and other circum- stances. Article 59. A license may be granted only if it is compatible with the public interest. Before granting the license the municipalities of the district where the airdrome is to be established shall be advised. Article 60. A license shall be granted for a specified period and shall be subject to the conditions deemed necessary. The right of the State to take over the airdrome, other establish- ments and equipment, may be reserved in the license. Compensation shall be paid in accordance with the law on expropriation. Article 61. A license may be revoked if the licensee has disregarded the essential provisions of this law in the management of the air- drome, or any conditions included in the license, or provisions appli- cable to such activities. A license may be revoked if the licensee fails to maintain and operate an installation. Article 6~. For the establishment and operation of an airdrome which is not for the use of the general public, or other installations used in aviation, the Minister of Aviation may require his authoriza- tion. He shall issue the regulations for such authorization. APPROVAL Article 63. Airdromes for the general use of the public shall be approved by the Minister of Aviation. The Minister shall determine the extent to which approval is necessary for airdromes in general and for other aviation installations. The approval of the Minister shall depend on the conditions which are deemed necessary. The Minister of Aviation may revoke his approval if the airdrome or other installations do not comply with the conditions laid down in his approval or when these conditions have been essentially disregarded. The owner or user shall advise the Aviation Board as soon as he has knowledge of any events which make the installation unsuitable to the requirements. If events occur which make the use of the installations dangerous, the owner or user must cease operation without waiting for a decision of the Aviation Board. EXI'ROPRIATJON AND OBSTR~('TIONS TO AVIATION Article 64. To establish an airdrome or other aviation installation or to expand, Improve, and maintain ~iicli installations, the property may be expropriated in accordance with Law No. (31 of 1917, iii~ofar as the Minister of Aviation consider such action desirable in the public interest. Article 65. Flights to airdromes open to public use shall be made in accordance with the provisions of this Chapter from which, however, the Minister of Aviation may make exceptions in special circumstances. PAGENO="0944" 934 AIR LAWS AND TREATIES OF THE WORLD A rticle 66. The Minister of Aviation shall issue flight rules over airdromes referred to in Article 65 if no special exceptions are made in accordance with this Article. The rules shall i.a., provide that on the area beyond the airdrome itself limitations may be imposed regarding the height of structures, e.g., houses, masts, industrial plants, etc., or limitations on the use of real property or buildings, e.g.. for business, etc., if such limitations are. necessary for public safety. The same shall apply to forests which are on terrain covere.d by the rules. Fnder t.he same conditions, rules shall be issued relating to port areas and water areas where airplanes may land. In designated areas within this territory, restrictions of heights, for the ~rnrposes of flight safety shall be specified by the rules. The airdromes which may be used for the take off and landing of aircraft in good weather or in bad weather may be designated by the rules. Rules may be issued that such arrangements may be made within a certain time. The draft of proposed flight rules shall be displayed in suitable places which shall be published in Lögbh't~ngabiad, and the owners of the real property and buildings affected may submit their objections prior to the expiration of the period specified which may not be less than 4 weeks. The Aviation Board shall take under careful consideration the re- ceived objections and give, the propeity owners an opportunity to be- come acquainted with the amendments made before the drafting of the final rules. The final version shall be published in the same maimer as the first draft. Restrictions on property rights in favor of an airdrome shall be recorded in accordance. with the law. Ai~tie7e 6~. No pei~oii may deviate from restrictions of height or other limitations provided for in the rules, without the consent of the Minister of Aviation. By such consent conditions which are deemed necessary may be made relat.ing to the alteration or marking of the building. If, without the consent of the Minister, [the owner] fails to observe the restrictions, the Aviation Board shall fix a deadline before which the owner must remove the deviations according to law. The same shall apply if the conditions of the consent given in accordance with paragraph 1 are not observed. If the deadline expires and improvements have not, been made, the Aviation Board, with the assistance of the bailiff, may take the neces- sary measures at the. expense of the property owner. If the expenses are not recovered by the property owner they may be demanded from the owner of the airdrome. Artclc 68. If there are obstructions to aviation on a property which exceed the restrictions established by the rules at the time the rules were issued, the obstructions shall be removed by the property owner, unless the Minister of Aviation determines that they remain. The provisions of Article GT shall apply. The expenses shall be recovered by the owner of the airdrome, except in the cases provided for in Article 67, paragraph ~. PAGENO="0945" AIR LAWS AND TREATIES OF THE WORLD 935 Article 69. The owner of the property or his legal representative may claim compensation from the owner of the airdrome if his prop- erty rights are injured when, because of the restrictions, the property cannot be used for the purpose for which it is intended with respect to its dimensions, location and other circumstances, or when the owner, in another way, sustains a loss of rights for which he has a right of compensation in accordance with general principles of law. Compensation may also be claimed from the owner of an airdrome if a person sustains damage as a result of actions taken in accordance with Article 68. The amount of damages depends on conditions in cases where ex- emptions have been made in accordance with Article 67. The State guarantees that compensation will be paid. Article 70. Cases on compensation shall be decided in accordance with the provisions of Law No. 61, 1917. Damages may be claimed within a period specified in the rules. Such period may not be less than two years from the date of publication of the rules. The Minister of Aviation may extend this period by a fur- ther period of 6 months. Article 71. The owner or operator of the respective airdrome shall ascertain that the restrictions on property rights and activities are ob- served. He must inform the Aviation Board without delay of viola- tions of restrictions. *Artlele 72. The rules may be amended by the same procedure as that stipulated for the preparation of the rules. Modifications of restric- tions may be made without publicly posting any draft. Article 73. The rules shall be in force until repealed by the Minister of Aviation or until the time of their validity has expired. When the rules are repealed, the provisions of Article 66, para- graphs 6 and 7, shall apply. Article 74. The Minister of Aviation may dispose of obstructions to aviation beyond the area included in the rules if such obstructions may be dangerous to aviation. Such land shall be expropriated in accordance with the laws. Expenses and compensation to the owners or users shall be paid by the State. Article 75. The Minister of Aviation may prohibit the installation and use of markers, lights or sound devices, radio transmission, or other installations which may endanger the safety of aviation. The general rules of law shall apply to compensation. OTTIER PROVISIONS Article 76. The Minister of Aviation shall designate the airdromes which are to be used for the take-off or landing of aircraft, un~ss otherwise provided for in special laws. Article 77. The Minister of Aviation may issue regulations con- cerning access to, and traffic and parking of, aircra.ft on airdromes and, if necesary, in concurrence with the Minister of Ways and Com- munications, he may prohibit navigation or mooring in waters and seas which are temporarily or permanently used as landing areas for aviation. Article 78. Pursuant to regulations issued by the Minister of Avia- tion, fees may be levied for the use of airdromes and other installa- 39-737-6~--vo1. 1--6O PAGENO="0946" 936 AIR LAWS AND TREATIES OF THE WORLD tions open to public use. Aircraft may be restrained to secure paymeiit. Article 79. Airdromes and other installations used for aviation and open to use of the public shall be open to foreign aircraft under the same conditions as to Icelandic aircraft in international aviation, pro- v~ded an agreement has been concluded with the respective foreign country. Article 80. The Minister of Aviation shall determine the require- ments for persons who serve on aircraft or other installations, or outsjde aircraft in positions important to the safety of aviation. The Minister shall issue regulations for the granting of certificates of the right to such employment. Article 81. The provisions of Article 52 shall apply to persons who exercise control over aircraft and airdromes, technical personnel on the aircraft, as well as to persons in other positions who are considered by the Minister of Aviation to have significance for the safety of a Vi at ion. CHAPTER 7. LICENSE FOR AIR OPERATION Article 80. Scheduled flights over Icelandic territory for commer- cial purposes may only be operated under a license granted by the Min- ister of Aviation. For non-scheduled commercial flights over Icelandic territory a license from the Minister of Aviation shall also be required unless the Minister decided otherwise. The Minister of Aviation may determine that a license is required for flight training, aviation shows, competitive flights or other flying activities of a special nature, even if these are not made for cornmer- cial purposes. Artcle 8~. A license may be granted only when it is compatible with the public interest. Article 84. For flights operated only between points within Ice- la.ndic territory, license may be granted in accordance with Article 82 to persons who fiulfill the conditions on registration of aircraft in accordance with Article 7. A license shall be annulled when the holder no longer fulfills the required conditions and when he has not corrected defects within the period specified by the Minister of Aviation. TTnder exceptional circumstances the Minister of Aviation may grant~ a license in accordance with Article 82 even when the required conditions are not fulfilled. Article 85. A license shall be granted for a fixed period and it shall be dependent on conditions which are deemed necessary, among others those relating to passenger and freight rates. In the license may he inclu~ed the right of revocation by the State. Article 86. The license may be revoked when it is used in substan- tial disregard of the law, of the conditions of the license, or of any regulations applicable to such activities, or when the holder is unable to continue operations. Artic7e 87. In granting a license in accordance with this Chapter, exemptions from its provisions may be made when required by an agreement with a foreign country. Article 88. The Minister of Aviation may issue regulations pertain- ing to transfer of aircraft, accessories thereafter, or spare parts of another person for use on his account. PAGENO="0947" AIR LAWS A~D TREATIES OF THE WORLD 937 CnAI'rEii S. Xin TRAI'rlc Article 89. The Minister of Aviation shall issue regulations on meas- ures to prevent collisions of aircraft or other flight accidents and, in general, to guard against danger and inconvenience. Article 90. The Minister of Aviation may issue regulations on the air routes aircraft must follow while flying within leelandic terri- tory and indicate the airdromes which may be used for international flights. Article 91. The proper authority may order the landing of an air- craft if required for reasons of public order and safety. The land- ing shall be executed as promptly as possible. If not otherwise di- rected, the aircraft must land at the nearest airdrome in this country open for general use where landing is possible. When an aircraft enters an area where flights are prohibited, it shall immediately leave the area and inform the lnOper authority and if the authority has not directed otherwise, the aircraft shall land at the nearest airdrome in this country, where landing is possible. When an aircraft does not comply with the requirements of this Article tile proper authorities may by suitable means, prevent the air- craft from continuing its flight. Article 92. War material may not be carried by aircraft without au- thorization from the Minister of Aviation. In concurrence with the Minister of Justice, the Minister of Aviation shall issue instructions on the definition of war material. In concurrence with the Minister of Just ice, the Minister of Aviation may make exceptions from the provisions of this Article. For reasons of public order and safety the Minister of Aviation may prohibit, establish conditions for, the carrying of other goods than those mentioned above. The Minister of Aviation may prohibit or issue regulations concern- ing the carrying of cameras and their use on board an aircraft. Article 93. Unless otherwise provided for by special laws, the Min- ister of Aviation shall issue regulations on required logs and other aircraft documents, to what extent they shall be available on board, and how they shall be made, kept and maintained. Article 94. Any person who has a legal interest therein shall have the right to examine the logs and other aircraft documents. Article 95. The Minister of Aviation shall determine to what extent the persons serving on an a.ircraft shall carry with them certificates and other documents. Article 96. The Aviation Board, and the police and custom authori- ties shall have the right to search aircraft, aud check aircraft and members of the crew for the documents they must carry. CHAPTER 9. AIR TRANSPOJiTATTON SCOPE OF APPLICATION Article 97. The provisions of this Chapter shall apply to air trans- portation of passengers, baggage and cargo if the transportation is carried out for payment. These provisions shall also apply if trans- port is carried out by an aircraft enterprise free of charge. PAGENO="0948" 938 AIR LAWS AND TREATIES OF THE WORLD Article 98. The provisions of t.his Chapter shall not apply to th& transportation of mail. The provisions of Articles 99 to 105 concernmg documents of air transportation shall not apply if the transportation is carried out under unusual circumstances and outside the scope of normal air transportation. DOCUMENTS OF AIR TRANSPORTATION Article 99. In passenger transportation there shall be issued a ticket. which shall state: a) the place of departure and destination; b) at least one intermediate landing point if the place of departure and destination are in the same state and one or more landings in another state are agreed upon; (c) a notice that the transportation may be subject to the War- saw Convention or to a law which is in conformity with the limits of the Convention as to the liability of a carrier for per- sonal injury, and loss of, or damage to baggage. Unless otherwise established, the ticket shall be evidence of a trans- portation contract and of the terms of transportation. If no ticket is issued, or if its contents do not conform to the reg- ulations, or if the ticket is lost, the transportation contract shall re- main valid. If a passenger boards an aircraft, with the consent of the carrier, without presenting a ticket, or if the ticket does not include the notice referred to in paragraph c. hereof, the carrier may not avail himself of the provisions of Article 118 concerning the limita- tion of liability. Article 100. `In the transportation of registered baggage, a baggage check shall be issued. If the baggage check is not attached to, or in- serted with the passenger ticket in conformity to the provisions of Article 99, paragraph 1, it shall state: a) the place of departure and destination; b) at. least one intermediate landing if the place of departure and of destination are in the same state, and one or more landings are agreed upon in another state; c) that the transportation may be subject to the Warsaw Convention or to a law which is in conformity with the limits of the Convention as to the liability of a carrier for loss of, or damage to baggage. Unless ~therwi~e e~tab1ished, the baggage check shall be evidence of registration of the baggage and of the terms of transportation. If no baggage check is issued, or if its contents do not comform to the regulations, or if the check is lost, the transportation contract shall remain valid. If the carrier has accepted baggage for which no baggage chec.k was issued, or if the check does not contain the notice provided for in paragraph ic. and the check is not attached to, or inserted with the' passenger ticket. according to Article. 99, paragraph 1, the carrier shall not he entitled to avail himself of the provisions of Article 118, paragraph ~, concerning the limitation of liability. Ji~ `n/c 1(~1. In the transportation of cargo the carrier may require he shipper to execute and deliver a document referred to as a bill of PAGENO="0949" AIR LAWS A~D TREATIES OF THE WORLD 939 lading, and the shipper may require the carrier to accept this `document. If no bill of lading is executed, or if its contents do not comply with the regulations, or if the bill is lost., the transportation contract shall remain valid. Arti~7e 102. The bill of lading shall be executed by the shipper in three copies and shall be delivered to the carrier together with the goods. The first copy shall be marked "for the carrier" and signed by the shipper. The second copy shall be marked "for the consignee" and shall be signed by the shipper and carrier. This copy shall accompany the goods. The third copy shall be signed by the carrier and delivered to the shipper after acceptance of the goods. The bill of lading shall be signed by the carrier before t.he goods are placed on the aircraft. The signature may be substituted by a stamp. `The signature of the shipper may be printed or substituted by a stamp. If the carrier has executed the bill of lading at the request of the shipper. he shall be presumed to be acting on behalf of the shipper, unless there is proof to the contrary. Arti,cie 103. If there is more than one item the carrier may require the shipper to execute a separate lading bill for each item. Ai~tic7e 104. The bill of lading shall st.ate: a) the place of departure and destination; at least one inter- niediate landing place i.f the place of departure and of destina- tion are in the same state, and one or more landings in anot.her state are agreed upon. `b) a notice that the transportation may be subject to the WTar~ saw Convection or t.o a law which is in conformity with the Con- vention as to the limitation of liability of the carrier for loss of, or damage t.o the goods. Article 105. If the goods were loaded on the aircraft with t.he con- sent of the carrier without executing the bill of lading, or if the bill of lading does not. contain a notice in accordance with Article 104c, the carrier ma.y not avail himself of Article 118, paragraph `2, as to the limitation of liability. Article 106. The shipper shall be liable t.o the carrie~~ or to any ot.her person to whom the carrier may be liable for damages he sustains as a result of the shipper's statement in the bill of lading regarding the goods when the statement does not correspond to the regulations or is otherwise incorrect or incomplete. Artic7e 107. IJnless otherwise established, the bill of lading shall be evidence of the transportation contract of receipt of the goods and tile terms of transportation. The statement in a bill of lading with respect t.o weight, dimensions, packaging and number of items, shall be conclusive~ unless there is proof to the contrary. Other statements in the bill of lading with re- spect to quantity, cubic content or condition of the. goods, may not be iise.d as evidence. against the carrier ~uilcs~ he has examined t.he goods in the presence of the shipper and has noted on the 1)111 of lading the visible condition of the goods. RIGHT OF DISPOSAL AND DELIVERY OF GOODS Article 108. If the shipper fulfills his responsibility pursuant to the transportation contract without affecting the rights of the carrier or PAGENO="0950" 940 AIR LAWS A~D TREATIES OF THE WORLD other shippers. the shipper may dispose of the goods, return them to the point, of departure or destination, stop transportation at some point en route, or demand delivery of the goods at t.he point of destination or at some point en route to a consignee other than the one indicated in the bill of lading. or demand the return of the goods to the point of de- parture. The shipper shall pay the expenses caused by such demand. The carrie*r must immediately inform the shipper if the demand of the shipper cannot be fulfilled. If the carrier executes the demands of the shipper without. requiring a copy of the bill of lading from the shipper, the carrier shall be liable for a.ny damages which may result to the holder of the bill of lading, with the right of recourse against the shipper. The rights of the shipper shall terminate if the consignee assumes his rights pursuant to Article 109. If the consignee refuses to accept the bill of lading a.nd the goods, the right to dispose of the goods shall revert to t.he shipper. Artkle 109. Whe.n the goods have arrived at the place of destina- tion the consignee may demand, except under the. conditions referred to in Article 108. that the carrier deliver the bill of lading and the goods to him on payment of the amount owed and in accordance with the terms of the bill of lading. If not otherwise agreed, the carrier shall inform the consignee when the goods have arrived. Article 110. If the carrier gives notice that. the goods are lost, or if the goods have not. arrived within seven days following the day when they should have arrived, the consignee. may exercise his rights in an action aga.inst the carrier in accordance with the transportation con- tract.. Art icie 111. Any exceptions from Articles 108 to 110 shall be invalid unless they are stated in the bill of lading. Arte7e 119. A shipper shall be required to submit information and attach to t.he 1~ll of lading the documents necessary for compliance with the customs, excise and police formalities prior to the delivery of goods to the consignee. The shipper shall be liable to the carrier for damages which may result if such information and documents are not submitted, or if they are incomplete or do not conform to the regula- tions, unless the carrier or his employees are guilty of error or negli- gence. The carrier has no duty to check whether the information sub- mitted or the documents enclosed are correct and complete. LIABILITY OF TIlE CARRIER Article 113. The carrier shall be liable for any death, bodily injury, or disablement resulting from an accident occurring aboard or hoard- ing or leaving an aircraft. Article 114. The carrier shall be liable, for damage to, or loss of reg- istered baggage or goods as a result of an accident occurring while the hagga~e or goods were unler the care of the carrier at the airdrome or aboard an aircraft, or at some other location if the landing occurs outside an airdrome. If a transportation contract includes transportation to a place on land or water beyond the airdrome, including tile loading, delivery PAGENO="0951" AIR LAWS AND TREATIES OF THE WORLD 941 or reloading of baggage or goods, such damage shall be presumed to have occurred during the period indicated in paragraph 1, unless proved otherwise. Article 115. The carrier shall be liable for damages resulting from a delay in the transportation of passengers, registered baggage and cargo. Article 116. The carrier shall not be liable if he establishes that he or his empToyees took all possible action to avoid the damage, or that it was impossible for them to do so. Article 117. If the carrier proves that the person who sustained the damages was guilty of causing it, his liability may be reduced or excluded. Article 118. The liability of a carrier in the transportation of pas- sengers shall be limited to 36,500 crowns per person. A higher limit may be agreed upon by contract. In the transportation of registered baggage or cargo, liability shall be limited to 37 crowns per kilogram weight. If, in delivering the baggage or cargo to the carrier, the passenger or shipper declares a special value for delivery of the goods to their destination and has paid the specified additional freight charge, the declared value shall be the measure of liability of the carrier, unless it is established that the declared amount exceeds the true value to the passenger or shipper. In the case of loss, damage or delay of a part of registered baggage or cargo or of the contents thereof, the total weight of the items shall be taken as a basis in determining the extent of liability of the carrier. If the loss, damage or delay reduces the value of other items which are included on the same baggage check or bill of lading, the total weight of these goods shall be taken into acount in determining the extent of liability. Liability of the carrier for objects retained by the passenger shaH be limited to 730 crowns per passenger. Limits on liability pursuant to this Article shall not prevent the court from allowing the plaintiff payment of costs. This shall not apply when the compensation for damages, excluding costs, does not exceed the amount offered by the carrier in writing to the plaintiff within six months after the damages occurred, or prior to the com- mencement of an action for damages. The amount of payment referred to in this Article shall l)e based on gold value. If the gold value of the Icelandic crown changes from the value submitted to the International Monetary Fund at the time of the enactment of this law, the amount. of payment shall be made in ac- corda.nce with the new gold value. In court actions the recalculation shall be made in accordance with the gold value on the (lay when the judgment is rendered. Apticle 119. Exempting the carrier from hiabililv or setting a lower limit of liability than that provided for in Article 118 shall be invalid. In the transportation of goods the quality or defects in the goods may be taken into consideration in their loss or dama~ie. Avticle F20. Upon proof that the carrier or its employees caused the damage within the scope of their activities by acting intentionally or with gross negligence and knowledge that damage would result. the provisions of Article 118 regarding the himitat ion on liability of the carrier shall not apply. PAGENO="0952" 942 AIR LAWS AND TREATIES OF THE WORLD Jrtic7e 121. If employees of a carrier are sued for damages caused in the performance of their service by negligence of a lesser degree than tlia~t provided for in Article 120, the amount of compensation imposed jointly on the employees and the carrier shall not exceed the limits of liability established for the carrier. Art~c7e 122. If the consignee accepts the registered baggage or goods without ally reservation, the baggage or goods shall be presumed to be delivered in good condition and in accordance with the transportation contract, unless otherwise agreed upon. If the goods are damaged or partly lost, notification shall be made to the carrier immediately upon discovery of the damage. or loss, and in any event within seven days for baggage and fourteen days for goods from the date of the receipt of the baggage or goods. In case of delay, notification shall be made within 21 days from the date the baage of goods are delivered to the consignee. The notification shall be made by a notation on the transportation document or by a letter mailed prior to the expiration of tile period indicated above. Artie7e 123. If the notification is not. made within the period speci- fied in Article 122, no action will lie against tile carrier, unless he has acted fraudulently. Ji't;c7e 124. An action for damages shall he brought ill the. court of the place where tile carrier resides or has his main office, or where tile business office of tile enterprise which made t.he transportation con- tract is 1ocated~ or of the place of destination. If the transportation contract is subject to tile Warsaw Convention, au action for damages may be brought in an Icelandic court or in a court of a State which adheres to that Convention. Artie7e 12~5. Tile right to claim damages pursuant to the provisions of this Chapter shall lapse if tile claim is not made within 2 years from the date of arrival of the aircraft. at its place of destination, or tile date when the aircraft should have arrived, or tile date when trans- portation was discontinued. Arh~e7e 126. If a transportation which, according to one or more transportatioll contracts is deemed a smgie operation, is performed by several carriers in succession, each carrier accepting passengers, registered baggage or cargo shall be liable for damages occurring on that. portion of the journe which he i~erfomms. With regard to registered baggage or cargo the shipper may insti- tute an action against the first carrier, and a. consignee to whom tile delivery is to be made, against, the last, even if the damage, loss or delay occurred while the goods were under tile care of another carrier. If several carriers are liable, they shall be subject to joint liability. TT1~NSP0RT BY SEVERAL MEANS OF TRANSPORTATION Aifiele 12~. If the~ transportation is carried out in part by aircraft and in part by other means of transportation, the provisions of this law shall apply only to the air transportation. The terms covering other means of transportation may be entered in an air transportation document. PAGENO="0953" AIR LAWS AND TREATIES OF THE WORLD 943 OTHER PROVISIONS Article 128. Reservations made in a transportation contract or in an agreement made prior to the time of damages, in which the parties deviate from the provisions of law which apply, or in which they specify a change of venue, shall be invalid. Arbitration arguments made prior to the time of damage shall be valid and applicable to the transportation of goods only when the arbitration is undertaken at a place of legal venue pursuant to Article 124, and if the matter is covered by the WTa,rsaw Convention, it shall be settled in accordance with that. Convention. Article 129. Air transportation documents issued outside Iceland or documents pertaining to international air transportation, shall be deemed to fulfill the requirements for notification prescribed in Arti- cle 99, paragraph lc., and Article 104c.~ when the document provides that the transportation may be subject to the provisions of the `Warsaw Convention, which generally limits the liability of the carrier to trans- portation referred to in the pertinent provisions. In international air transportation not covered by the Warsaw Con- vention, a carrier may refer to Article 118 as to the limitations on liability, even if the transportation document does not include the statement referred to in paragraph 1. Article 130. In domestic aviation, where the intermediate landing place in a foreign country is not agreed upon, the Minister of Aviation may make exceptions from the provisions of Article 99, paragraph 1., Article 100, paragraph 1., and Article 104, paragraph 1., regarding tickets, baggage checks and bills of lading. Article 131. The Warsaw Convention as defined in this law is the Convention on International Transportation by Air of October 12, 1929 as amended by the Protocol signed at the Hague on September 28, 1955. The provisions of this Chapter shall not apply to international avia- tion performed in accordance with the Additional Protocol to Article 2 of the Warsaw Convention of October 12, 1929 or with Article XXVI of the Hague Protocol of September 28, 1955. Article 132. The provisions of this law shall not prevent. the appli- cation of the provisions of the Warsaw Convention of October 12, 1929 which are valid between Iceland and other countries that have not adhered to or ratified the Hague Protocol of September 28, 1955. CHAPTER 10. COMPENSATION FOR DAMAGES Article 133. If an injury to a person or property not aboard the air- craft, occurs as a result of the operation of an aircraft the owner or the persons on whose account the aircraft is operated, shall be liable for payment of the damages. There shall be no liability to pay damages when it is proved that the person who suffered the injury is guilty of causing the injury by a willful act or gross negligence. If a person suffers bodily injury or a loss of health, lie may claim damages for suffering and disfigurement. If the person injured suffers complete or partial loss of his working capacity he shall have a right, to PAGENO="0954" 944 AIR LAWS AND TREATIES OF THE WORLD damages for the reduction of his working capacity. If an injured per- son dies as a result of the accident his dependents who lost their bread- winner may claim damages for the loss sustained. A claim for reimbursement of funeral expenses may be made pro- vided they do not exceed expenses which are consonant with the sta- tion in life of the deceased person. Article 134. Tn claims involving injury to persons or property within the area. of an approved airdrome, the provisions of Article 133. paragraph 1., shall not apply. If damages result. from a collision of aircraft, the provisions of the Law on ~avigation relating to the collision of ships shall apply. In the case of damages resulting from a collision of two or more air- craft, for which an owner or operator is liable pursuant to Article 133, paragraph 1., the owners or operators of the aircraft involved shall be jointly liable. The extent of liability of each carrier to the other owner or operator who are jointly liable shall be determined by a. finding of facts by the court. Arth'le 13.5. The provisions of Articles 133 and 134 shall not restric.t the right to claim damages pursuant to the general rules of law. Art,~cle 136. If a person who performs service on an aircraft has been found liable to compensate for the damages caused aboard an aircraft. by his error or negligence in service, the court may reduce the amount of compensation, taking int.o account t.he nature of thG act, the seriousness of the injury and other circumstances. The same shall apply to ground personnel performing services of importance for the safety of aviation. Article 137. The owner of an aircraft used for aviation in accord- ance with this law, shall take out and maintain insurance for indem- nification of claims which may arise against him or an operator in matters involving injury to persons or property outside the aircraft. The insurance shall be made with an insurance company on condi- tions determined by the Minister of Aviation. If the term of insurance coverage has expired, the liability of the insurance company to a third party for damages, according to the face value of the policy, shall continue for a period of two months fol- lowing the date when the company informed the Minister of Avia- tion of the expiration of the policy, unless in the meantime the air- craft, if registered. was stricken from the register or unless the per- mission granted under Article 3c., was revoked. The Minister of Aviation may determine that. an approved insur- ance or other surety shall be in effect for the indenmification of in- juries incurred by persons or property while going to or away from an aircraft, on foot, or by car, or incurred by registered baggaEe or car~ro for which the carrier is liable in accordance with Chapter IX. The Minister of Aviation may issue regulations concerning insur- ance and other sureties, including the consequences resulting when in- sunnice or surety policies are not. kept in effect. CHAPTER 11. FLIGHT ACCIDENTS RESCUE SERVICE Artie7e 138. The Minister of Aviation shall issue regulations con- ceriii.ng search and rescue arrangements for aircraft lost, wrecked or PAGENO="0955" AIR LAWS A»=D TREATIES OF THE WORLD 945 in danger, and regarding the duty of private persons and enterprises to render the necessary assistance in rescue works, and he shall estab- lish the compensation rights for such assistance. The Minister of Aviation may impose a duty on the owner or oper- ator of an aircraft to refund in whole or in part. the expenses incurred by the State in connection with the search for a lost aircraft, provided this is not contrary to international agreements. The same shall apply to rescue expenses insofar as they are not covered by salvage money. SALVAGE OF AIRCRAFT Article 139. A person who salvages, or assists in salvaging an air- craft wrecked or in danger, including baggage or cargo aboard, or any part of an aircraft or cargo, shall have a right to salvage money in accordance with the provisions on salvage of ships and cargo aboard, whether the salvage is performed on sea, on land or in the air. Any person who rescues, or assists in rescuing a life under emergency conditions which led to the salvage of the aircraft, may claim a share of the salvage money. Any person who has paid extraordinary and unavoidable expenses for preserving an aircraft shall have a right to repayment of such ex- penses unless such action was contrary to an explicit and justified order of the aircraft commander. A claim to salvage money or repayment of expenses shall not exceed the value of the property salvaged, including the aircraft, passengers, baggage and cargo. Article 140. The owner of salvage cargo shall he liable only for the value of the salvaged goods. A claim t.o salvage money shall be secured by a lien on aircraft, baggage and cargo ~vith priority over all other security. Claims based on a later event ~~iall have priority over those based on earlier events. The lien shall cease when the goods are delivc'ed. The lien on the aircraft ceases after 3 months, unless this right is entered on the register and the account. approved, or a lawsuit concerning this right has bee.n initiated. The lawsuit may he initiated in the court of the place where the salvage work was carried out, or of the place where the aircraft and goods are located. INVESTIGATION OF FLIGHT ACCIDENTS Article 141. If a flight accident occurs which causes death or serious injury to a person on or outside t.he aircraft, or serious damage to the aircraft or to propertY outside the aircraft, an investigation shall be made by the Aviation Board. This shall apply also when the serious possibility of the. dange.r of such an accident. exists or when an essential defect has been noted in an aircraft or aviation ground installation or the operation thereof. In the case of death the Minister of Aviation shall appoint, a com~ mittee of experts to determine the. cause. of the accident. Article 14g. A person who has knowledge of the occurrence of a. flight accident shall without. delay inform the nearest police, authority or the Aviation Board, unless he has good reason to assume. that. the authorities have already been informed of the accident.. This shall PAGENO="0956" 946 AIR LAWS AND TREATIES OF THE WORLD also apply to a person who finds an aircraft or other objects in a situa- tion which indicates that. an aircraft accident has occurred. Artkle 143. When an accident occurs within Icelandic territory, th~ aircraft, its parts, contents, or traces of the accident may not be re- moved or displaced prior to completion of the investigation unless the police, in concurrence with the investigative authority, give their permission. Without such permission the aircraft., its parts and contents may be removed or displaced to the extent. considered necessary to release per- sons, animals or mail from the aircraft or to prevent destruction by fire or by any other cause, or if the aircraft or its contents are liable to threaten public safety. Artcl.e 144. The representatives of the Aviation Board shall have access to the place of the accident. for purposes of investigation of the aircraft or its wreckage, even if this is on private property, and shall take the measures deemed necessary. The representatives of the Aviation Board may demand the sub- mission of logs and other documents relating to the aircraft, and its crew, and interrogate the owne.r or operator of the aircraft, the crew, and other persons who may be able to give significant information as to the cause of the accident. In performing the. investigation, t.he cooperation of the. police may be requested t.o the extent. deemed necessary. If the police perform the investigation deemed necessary by the prosecuting authorities, they may request for that. purpose the cooperation of the Aviation Board. The Minister of Aviation, in concurrence with the Minister of Justice. may issue regulations regarding cooperation and the activi- ties of the police and the Aviation Board. The owner or operator of the aircraft, and any other person whose interests are involved, shall be informed of the results of the investiga- tion and shall have the opportunity to request. an additional investiga- tion. These parties have a right to attend the investigation if per- mitted to do so by the Aviation Board. Article 145. Upon the conclusion of the investigation, a report of the results shall immediately be submitted to the Minister of Aviation, the prosecuting authorities and the Minister of Justice. The report shall include a review of the causes, or probable causes, of the accident and an opinion of actions which should be taken to avoid any future accident of the same or a similar nature. The report shall include a review of the extent to which it may be supposed that the legal regulations or operational requirements were not. carried out. If the Aviation Board finds that. the holder of a certificate has com- mitted a violation of rules which could require the cancellation of the certificate, a presentation of such facts shall be made by t.he Aviation Board. The Minister of Aviation may determine that a report of the in- vesti~ation shall be published. Article 146. The investigation of flight accidents shall be performed in accordance with Law No. 82, 1961 on Administrative Procedure, unless otherwise stipulated in this law. Article 147. The Minister of Aviation, in concurrence with the Min- ister of Justice, may issue regulations concerning the guarding and PAGENO="0957" AIR LAWS AND TREATIES OF THE WORLD 947 removal of aircraft wreckage. The wreckage of an aircraft may be removed at the expense of the owner or user, if such wreckage is an obstacle to traffic or an inconvenience to the public, and if the owner or operator fails to remove such wreckage on demand of the authorities within the time limit fixed by them. CHAPTER 12. MISCELLANEOUS PRovIsIoNs Article 148. When, at the beginning of a flight, there are reasons to suspect that the aircraft is not airworthy or is not properly manned, -or t.hat the conditions for such flight specified in this law or in the regulations issued pursuant to it, are not fulfilled, the proper authority may prohibit the take-off of the aircraft and, if necessary, prevent the aircraft from leaving the airdrome until the defects are corrected. The decision on such action shall be made by the Aviation Board or by an agency authorized by that Board. If the decision was not made by the Aviation Board, it shall be immediately submitted to that Board. Article 149. If the landing fees for its last landing, or stopover at the airdrome, or take-off from the airdrome, for an aircraft taking off from an airdrome open for public use are not paid, the aircraft may be prevented from leaving until such fees are paid or a proper guar- antee has been given. Article 150. In the interests of the safety of aviation, the Minister of Aviation may issue regulations on the treatment, storage and deliv- ery of fuel and other materials used by the aircraft and on supervision of the observance of these regulations. Article 151. The owner or operator of an aircraft and the owner and manager of an approved airdrome or other installation for avia- tion, must give all information required by the Aviation Board for the exercise of its responsibilities. The same shall apply to the man- agement of the approved enterprises referred to in Article 33, or of other enterprises operating with the approval or permission pursuant to this law or regulations issued in accordance with this law. The Aviation Board may inform the third parties of the data re- ceived in accordance with paragraph 1., to the extent required by a treaty with a foreign country. In other cases such data may be given or published only if they do not include business secrets. If a person who has the right to demand the secrecy of such data has protested against their dissemination, such dissemination may take place only in accordance with a decision of the Minister of Aviation. A person who has access to the information by virtue of his work is subject to professional secrecy to the extent that the information may not be given to third parties or be published. Article 152. The fees for public proceedings referred to in this law shall be specified by the Minister of Aviation. The Minister of Aviation may stipulate that expenses in connection with the proceedings referred to in paragraph 1, shall be paid by the persons in whose interest the proceedings take place. Amounts referred to in this Article may be collected by distraint of the aircraft. CHAPTER 13. PENAL PRovIsIoNs 4rtkle 153. Any owner or operator of an aircraft of non-Icelandic nationality or of foreign nationality as specified in Article 3(b), who PAGENO="0958" 948 AIR LAWS AND TREATIES OF THE WORLD without special permission, uses the aircraft for aviation within Ice- landic territoiv, or violates the conditions of the permission granted, shall be puni~J~ed by a fine or detention. Artcle 154. Any person who submits incorrect or incomplete infor- mation in the application a) for registration of an aircraft, b) for striking an aircraft from the register, c) for the granting of permis- mission pursuant to Article 7, paragraph 2, or Article 13(b), shall be punished by a line or detention. Any person who fails to submit a notice to the registration agency in accordance with this law or sub-. mits incorrect or incomplete information, shall be subject to the same punishment. Article 15.5. Any person who without authorization removes nation- ality or registration markings from an aircraft or affixes on an aircraft incorrect markings, shall be punished by a fine or detention. Any owner or operator operating an aircraft without nationality or registration markings or with incorrect makings shall be subject to the same punishment. Article 156. Any owner or operator of an aircraft who operates an aircraft which is not airworthy, or is not properly manned, equipped or loaded, or for other reasons does not conform to the safety regula- tions, and has not been granted a permission for flight in accordance with this law, shall be punished by a fine or detention or imprison- ment for a period of up to 3 years. Article 157. Any person who constructs an aircraft or manufactures accessories or spare parts in an unsuitable manner, or recklessly main- tains, repairs or alters an aircraft and by such action causes a risk that the aircraft might~ be used in violation of safety regulations, shall be punished by a fine, detention or imprisonment for a period of up to 3 years. Any person who equips, loads or performs other work necessary for flight in an unsuitable marmer, shall be subject to the same punishment. Article 158. Any owner or operator of an aircraft who operates an aircraft which is not covered by insurance or other surety in accord- ance with the provisions of Article 137, shall be punished by a fine or detention. Any owner or operator of an aircraft who operates the flight without documents prescribed by this law or the regulations issued in accord- ance with this law shall be punished by a fine or detention for a period of up to 6 months. Article 159. Any aircraft commander who flys an aircraft under the conditions mentioned in Articles 153, 155, paragraph 2, Articles 156 or 158, shall be subject to the some punishment as the owner or operator. Article 160. Any person who serves on an aircraft without a valid certificate or license as required by this law, or in case such document is not required, without conforming to the conditions required for such service, shall be punished by a fine or detention. Artic7e 161. Any member of the crew who in performing the serv- ice does not follow the orders of his superior, shall be punished by a fine or detention for a period of up to 6 months. If by such act of insubordination, he has put the aircraft or human life in dangerS or if he refuses to obey repeated orders, or if there are PAGENO="0959" AIR LAWS AND TREATIES OF THE WORLD 949 other aggravating circumstances, detention or imprisonment for a period of up to 4 years may be imposed. Article 162. Any person who performs or attempts to perform a service on an aircraft in violation of Article 52, paragraph 1, shall be punished by a line, detention or imprisonment for a period of up to 3 years. Any person who performs service while intoxicated or under the influence of narcotics, or who violates the provisions of Article 52, paragraph 3, shall be punished by detention or imprisonment. Article 163. Any pe.rson who violates the regulations of the Min- ister of Aviation relating to evasion of collision between aircraft or other flight accidents, or safety measures against danger or accidents in flight, shall be punished by a fine, detention or imprisonment for a period of up to 3 years. Any person who deviates from air-routes established in accordance with Article 90, or who violates the regulations issued by the Minis- ter of Aviation on crossing the Icelandic border, shall be punished by a fine or detention. Article 164. Any person who, in flight on air-routes or in areas where aviation is subject to special regulations, fails to observe or acts in conflict with, directions of air-traffic control which he must ob- serve, shall be punished by a fine, detention or imprisonment for a period of up to 2 years. Any aircraft commander who violates the provisions of Article 91 on landing shall be subject to the same punishment. Art~ie 16~5. Any owner or operator of an aircraft who violates the provisions of Article 92, paragraph 1, on carriage of war material, or of regulations issued in accordance with paragraph 2 on carriage of other goods, shall be punished by detention or imprisonment for a period of up to 2 years. Any aircraft commander who engages in such illegal transporta- tion as indicated in paragraph 1, shall be subject to the same punish- ment. Article 166. Any person who violates an order of the President of Iceland, issued in accordance with the provisions of Article 4, shall be punished by a fine, detention or imprisonment for a period of up to 2 years. Article 167. Any aircraft commander who, in case of emergency, fails to take all appropriate measures in his power to safeguard the aircraft, people and goods aboard, or to exercise his authority in ac- cordance with Article 49, shall be punished by a fine, detention or im- prisonment for a period of up to 2 years. Article 168. Any member of a crew who, by the act of smuggling or other means which are in conflict with his duties, creates a situa- tion that the aircraft or goods may be subject to confiscation, or may be detained by Icelandic or foreign authorities, shall be punished by a fine or detention for a period of up to one year. Article 169. Any aircraft commander or member of the crew who fails to perform his duties to establish, keep and maintain the flight documents, or carry flight documents, certificates or other documents available on board, shall be punished by a fine or detention for a pe- riod of up to 5 months. If he makes incorrect entries in flight documents or otherwise causes such documents to be incorrect, lie shall be punished by a fine, detention or imprisonment for a period of up to 2 years. PAGENO="0960" 950 AIR LAWS AND TREATIES OF THE WORLD Article 170. Any aircraft commanders or member of a crew who, in cases not included in Articles 153 to 169, repeatedly and unduly violates his service requirements or otherwise improperly performs his duty, shall be punished by a fine or detention. Article 171. Any owner of an airdrome or other aviation installa- tion which does not meet the regulations, or does not have the approval of the aviation authority if such approval is required, shall be punished by a fine or detention. If he violates the provisions of Article 79, he shall be punished by a fine. Article 172. Any person who violates the restrictions on property rights provided for in Articles 66, 67, 71, 72, 73, 74 and 75, shall be punished by a fine or detention for a period of up to one year. Any attempt to commit such violation shall be subject to the same punishment. Article 178. Any person who engages in aviation activities or other activities without a grant of such right, or without a permit or ap- proval a.s required by this law, or regulations issued in accordance with this law, shall be punished by a fine or detention. Article 174. Any person who acts in violation of the prohibition to an aircraft to leave an airdrome imposed in accordance with Article 148, shall be punished by a fine or detention. Any attempt to commit such violation shall be subject to the same punishment. Article 175. Any person who prevents performance of an inspec- t.ion, supervision or ot.her investigat.ion pursuant to this law or regu- lations issued in accordance with this law, or who fails to render assistance to such investigation if required in accordance with the law or regulations, shall be punished by a fine or detention. Any person who, in violation of the provisions of Article 143 re- moves or displaces an aircraft, wreckage or other material after an air accident shall be subject to the same punishment. Any attempt to commit such violation shall be subject to the same punishment. Article 176. Any person who is required to take part in search and rescue work in accordance with Article 138, and who fails to provide such service or otherwise fails in his duty, shall be punished by a fine. Article 177. Any person who, in cases other than indicated in Ar- ticle 154, fails to submit notification required under this law or regu- lations issued in accordance with this law, or withholds information required in accordance with the law, or who submits incorrect or incom- plete information, shall be punished by a fine or detention. The provisions of this Article shall not apply to violations of the provisions of Chapter 9. Article 178. Any person who fails to return a nationality or regis- tration certificate or other documents if required by this law or regu- lations issued in accordance with this law, shaJi be punished by a fine. Article 179. Any person who violates regulations issued in accord- ance with this law shall be punished by a fine or detention for a period of up to 6 months, unless such violation is punishable under other provisions of this Chapter. Article 180. If the offense mentioned in Articles 156, 157, 159, 161- 164, 167 and 170-172 results in a loss of human life or considerable bodily harm, or injury to health, or damage to property, punishment of imprisonment for a period of up to 5 years may be imposed. PAGENO="0961" AIR LAWS AND TREATIES OF THE WORLD 951 Offenses against provisions of Article 158 shall be subject to the same punishment when a person sustains considerable financial loss as a result of failure to carry the prescribed insurance or other surety. Article 181. Any offense specified in Articles 153 to 179, committed through negligence, shall be punished by a fine or detention for a period of up to one year, provided that tile punishment shall not be more severe than for an intentional offense. Article 182. The general rules of tile cruninal law shall apply to I)articipation in an offense. The penalties indicated in this Chapter against the owner or opera- tor of aircraft, against tile owner of an airdrome or aviation installa- tions, or against the owner of an enterprise referred to in Article 173, shall also apply to their agents or employees if they commit a viola- tion of a pertment Article while in the course of their duties. The same shall apply to members of the board and other agents of the company or other legal entities. Article 18-3. If an action, punishable in accordance with this Chap- ter, is committed by a person who acted on behalf of the company, foundation or other legal entity, the fine and the loss of the right to Coiltinue to operate the business shall be imposed on such legal entity if the action is committed in order to promote the interests of the company, foundation or other legal entity. LOSS OF TIIGIIT5 Article 184. An aircraft commander or member of the crew, by deci- SiOn of a court, shall be deprived of the right to work on aircraft, if his work is accomplished in a grossly negligent manner, or if, by nature of his work, the continuation of his service on an aircraft may be in violation to the rules of safety. Any person who, ill violation of the provisions of Article 52, has performed or attempted to perform service on an aircraft shall be deprived of the right to perform service on an aircraft. The loss of rights shall be for a period of not less than 6 months, or permanently. The loss of rights in accordance with the provision of paragraph 2 generally shall be for a period of not less than one year. If the right is temporarily suspended in accordance with the provisions of paragraph 5, the court shall determine which portion of the deprivation period is considered served by the suspension period. Any person deprived of tile right to work omi the aircraft for a period of more than 3 years may bring before the court of last resort which made the decision of deprivation an action to recover time right prior to expiration of the deprivation period. When the deprivation of rights has been decided by the court on the iniative of the public prose- cutor, an action to regam the rights shall be subject to the rules of pub- lie prosecution. The case may be brought before the court only when three years of the deprivation period have passed. The right may be restored only if there are exceptional cireumnstances. If the pei-son was previously deprived of rights to work on aircraft, the restoration of these rights may take place only under unusual conditions and not prior to expiration of 6 years of the deprivation pei-iod. If the Aviation Board deems that the circumstances warrant. clepri- vation of a person's right to serve on an aircraft, it may suspend this 39-73i---65-vol. 1-6l PAGENO="0962" 932 AIR LAWS AND TREATIES OF THE WORLD right temporarily, but the~ court may cancel the decisioii of the Avia- tion Board prior to a final decision. If the court of first instance gave judgment in favor of the defendant and the judgment. is appealed by the prosec~ition to the Supreme Court, and there are serious reasons for maintaining the deprivation of such pe on s right to serve on an aircraft, the prosecution may request a decision to maintain the deprivation prior to the final judgment. If the right of a person to perform service on an aircraft is tern- porarily suspended or revoke(l by the court, his documents shall be returned to the Aviation Board. If an Icelanclic national or a person who has his domicile in Iceland has been punished in a foreign country for an offense which in accord- ance with the provisions of this law result in deprivation of rights to serve on an aircraft, proceedings for loss of rights may be initiated in this country by the prosecution subject to the rules of pul)lic pl'osedu- non. The provisionS of this Article shall apply. The provisions of paragraphs 1 to T of this Article shall be applied to pe1~5ons referred to in Article Si. Cii APTER 14. SPEC IAL Pnovisioxs A,tic7e 18.5. For pilotless aircraft which are operated without an en- gine. or which are of an extraordinary type, the Minister of Aviation may enact exceptions from this law or issue special regulations to p"~- vide for the safety of aviation or for other reasons. However, no changes may l)e made in the. pro isions which afiect. the 1)roViSions of civil or criminal law. The Minister of Aviation may issue regulations on inventions which ale desmgned for flight but are not aircraft. A ~t;~z~ 186. The Minister of Aviation may determine that a foreign aircraft operated liv an icehindic national shall be subject to the pro- visions of this law and regulations issued in accordance with this law, to the same extent as they apply to Icelandic aircraft. in the case when the provisions of paragraph 1 are applied, the Minister of Aviation may determine that such aircraft shall be con- sidered Icelandic aircraft in accor(lance with the provisions of Arti- cles 2 to 4 of Law No. 19 of 1940. A/tide 187. Insofar as the question is not regulated by a special law, the Minister of Aviation shall determine to what. extent the authority specifiel in this law shall be exercised by the Aviation Board. J,t,ele 188. The Minister of Aviation ma issue regulations for the enforcemeiit of this law. C1L~PTER 15 Jit;ele 189. The provisions of Article 137 shall not apply to Ice- landic State aircraft. The Minister of Aviation may enact exceptions from other laws relating to aviation, insofar as such exceptions do not change the pro- visions of the civil audi criminal law. A it ,~c7e 190. This law repeals the Law No. 32 of 1929 andl Law No. 34 of 1945. However1 Article 27, paragraph 1, Articles 30, 36 and 40 of Law No. 32 of 1929 and the Amendment No. 49, of 1947, to that law in in effect. PAGENO="0963" 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 Convention 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. THE INDIAN AIRCRAFT ACT, 1934 SEcTIo~c S 1 Short Title and Extent.. 2 Definitions. 3 Power of Central Government to exempt certain aircraft. 4 Power of Central Government to make rules to implenient the Convention of 1919. 5 Power of Central Government to make rules. o Power of Central Government to m:ik-e orders in emergency. 7 Power of Central Government to make rules for ilivestigatiori of accidents. S Power to detain aircraft. SA Power of Central Government to make rules for protecting public health. SB Einergenc~v powers for I)rotecting the public health. 9 Wreck and salvage. 10 Penalty for act in (`ofltravention of nile made under this Act. 11 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 he made after publication. US Use of patented invention on aircraft not required in India. 1~ Power to apply customs procedure. 17 Bar of certain suits. IS Saving for act done in good faith under the Act. 10 Saving of application of Act. 20 Repealed. 953 PAGENO="0964" 954 AIR LAWS AND TREATIES OF THE WORLD ACT No. XXII OF 1934. (PASSED BY TIlE INDIAN LEGISLATURE.) (I?ece~ced the a.ssent of the Gocci o,'-Genei'al on the 19th August, 1934.) An Act to make better provision for the control of the manufac- ture, possession, 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 1 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 Government 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. `The word "Indian" was omitted by the Indian Aircraft (Amendment) Act, i960, Act 44 of 1960. See in/re. PAGENO="0965" AIR LAWS AND TREATIES OF THE WORLD 955 (2) Without prejudice to the generality of the foregoing power, such rules may provide for- (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 ser-vices, and the prohibi- tion of the use of aircraft in such services except under the au- thority of and in accordance with a licence authorizing the estab- lishment 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 trans- port service to such authorities as may be specified in the rule.; (b) the licensing, inspection and regulation of a.erodromes, the conditions under which aerodromes may be maintained and the fees which may be charged thereat, and the prohibition or regula- tion of the use of unlicensed aerodromes; (c) the inspection and control of the manufacture, repair and maintenance of aircraft and of places were aircra.ft are being manufactured, repaired or kept; (d) t.he 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) t.he 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, manu- facture repair or maintenance of aircraft; (Ii) the air-routes by which and the conditions under which air- craft may enter or leave India, or may fly over India, and t.he places at which aircraft shall land; (i) 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: (jj) the installation and maintenance of lights on private prop- ert.v in t.he neighbourhood of ae.rodromes or on or in the neigh- bourhood of air-routes, by the owners or occupiers of such prop- erty, the payment by the Central Government. for such installa- tion and maintenance, and the. supervision and control of such installation and maintenance, including the right, of access to the property for such purposes: (Z~) the signals to be used for purposes of communication by or t.o aircraft and the apparatus t.o be employed in signalling; (1) t.he prohibition and regulation of the carriage in aircraft. of any specified article or substance; (m) the measures to be taken and the equipment to be carried f or the purpose of ensuring t.he safety of life. (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 t.he Rules, the examinations PAGENO="0966" 956 AIR LAWS AND TREATIES OF THE WORLD and tests to be undergone in connection therewith, the form, cus- tody, production, endorsement, cancellation. suspension or surren- der 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 ~ 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) J?ales to be laid before Parlictment.2_Every rule made under this section shall be laid as soon as may be after it is made before Par- liament, 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 issue of all or any of the following orders is expedient. it may, by notification in the official Gazette- (a) cancel or suspend. either absolutely or subject to such con- ditions 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, flying-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 aero- drome, aircraft factory, flying-school or club or place where air- craft 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 within a specified time, to such authority and in such manner as it may specify in the order, to be at the disposal of Governnieiit. for the piillic service. (2) Any person who suffers direct injury or loss by reason of any order made under clause (c) or clause (il) of sub-section (1) shall be paid such compensation as may be determined by such authority as the Central Government may appoint in this behalf. (:~) 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 necessar. (4~ Whoever knowingly disobeys. or fails to comply with, or does any act in contravention of, an order made under sub-section (1) shall 2 Omitted by Act 44 of 1960. See ii~fra. PAGENO="0967" AIR LAWS AND TREATIES OF THE WORLD 957 be punishable with imprisonment for a term which may extend to three years. or with fine, or with 1)0th. and the (ourt 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 pai't of such thing, shall be forfeited to Government. 7. Power of Central Government to make rules for investiga~ tion of accidents.-(1) The Central Government may, by notification in the official Gazette, make rules providing for the. investigation of an accident arising out of or in the course of the navigation- (`i) in or over India of any aircraft, or (b) anywhere of aircraft registered in India. (2) Without prejudice to the generality of the foregoing power, such rules may- (a) require notice to I)e given of an accident in such manner and by such person as ma be prescril)ed: h) 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; (a) prohibit pending investigation access to or interference with aircraft to which an accident has occurred, and authorize any person so far as may be necessary for tile purposes of an investiga- tion to have access to, exafllme. renlove, take measures for the preservation of, or otherwise deal with any Such aircraft; and (d) authorize or require the cancellation, suspension, endorse- ment. or surrender of any license or certificate grant.ed or recog- nized under this Act, when it. appears on an investigation that the license ought to be so dealt. with, and provide for the production of any such license 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 pei'soi~s in the aircraft. or to any other persons or property: or (h) such detention is necessary to secure compliance with any of the provisions of this Act. or the rules applicable to such air- craft.; or such detention is necessary to prevent, a. contravention of any rule made under clause (h) or clause (i), of sub-section (2) o'~ section ~. (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 tue official Gazette, make rules for the prevention of danger arising to tile pul)lic. health by tile 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 cOnveyallce of infection or contagion by means of any aircraft leaving an aerocirome and in particular and without prejudice to the generality of this provision may nlake, 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 PAGENO="0968" 958 AIR LAWS AND TREATIES OF THE WORLD section 6 of the Indian Ports Act, 1905. may l)e made with respect to vessels and ports. 8B. Emergency powers for protecting the public health.-(1) If the. Central Government is satisfied that. India or any part thereof is visited by or threatened with an outbreak of any dangerous epidemic Eisease. and that the or(linarv 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 ike a~ency of aircraft, the Central Government may take such meas- ures as it deems necessary to prevent such danger. (2) In any such case the Central Government. may. without. pre- ]udJce to the powers conferred by section SA, by notification in the official Gazette, make such temporary rules with respect to aircraft and persons traveling or things carried therein and aerodrornes as it deems necessary in tile circumstances. (3) ~otwithstanding an thing contained in section 14, the power to make rules under sub-section ( 2) shall not be. sul)lect to the. condi- i ion 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 con- tinue 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 owne.r 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 S-A or section 8-B, the Central Government may direct that. a breach of it. shall he punishable with imprisonment, for any term not. exceeding three months, or with fine, of any amount not e.xce.eding one thousand rupees. or with both. 11. [Abrogated by Act 44 of 1960. For new section see `infra.] 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 (Toes 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 sub-section (1) of section It) or under an~ rule made under clause (,~`) 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 he. in respect. of which the offence ha~ been committed, shall be forfeited to Government.3 14. Rules to be made after publication.-Anv power to make rules conferred by this Act is subject to the condition of the rules Modified by Act 44 of 19(10. See infra. PAGENO="0969" AIR LAWS AND TREATIES OF THE WORLD 959 Jeing made after previous publication for a period of not less than three months. 14a. [New section added by Act 44 of lOGO. See ~fi'a.] 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 registeiecl 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 of all of the provisions of the Sea Customs Act, 1818 (VIII of 1818), 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 respec.t 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 circumstances 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 thereunder 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="0970" PAGENO="0971" THE INDIAN AIRCRAFT RULES, 1937 961 PAGENO="0972" I PAGENO="0973" CHAPTER II. THE INDIAN AIRCRAFT RULES, 1937. TABLE OF CONTENTS PART 1.-PRELIMINARY Rule 1 Extent of application. Rule 2 Nationality of aircraft. Rule 3 Definitions and interpretation. PART 11.-GENERAL CONDITIONS OF FLYING Rule 4 Use and operation of aircraft. Rule 5 Registration and nationality and registration marks. Rule 5A Taking of an Indian Registered aircraft outside India. Rule 0 Licen.sing of Personnel. Rule 7 Documents to be carried in aircraft. Rule TA Prohibition of carriage of persons without passport. Rule TB Carriage of cock-pit check list in aircraft. Rule S Carriage of arms, explosives or dangerous goods. RuleD Radio-telegraph apparatus. Rule 10 Mails. Rule 11 Aeroclromes. Rule 12 Prohibited areas. Rule 13 Photographs at Aerodromes or from aircraft in flight. Rule 13A Carriage of photographic apparatus in aircraft. Rule 14 Aerial work and public transport reserved for certain aircraft. Rule 15 Conditions for flight. Rule 16 Rules of the Air. Rule 17 Production of licenses etc. Rule 18 Prevention of flights. Rule 19 Cancellation, suspension or endorsement of licenses and certificates. Rule 20 Applicability of certain rules to Gliders and Kites. PART 111.-GENERAL SAFETY CoNDITIoNs Rule 21 Dangerous flying. Rule 22 Deleted. Rule 23 Deleted. Rule 24 Prohibition of intoxicated persons entering aircraft. Rule 24A Carriage of persons suffering from mental disorders or epilepsy in aircraft. Rule 24B Carriage of prisoners in aircraft. Rule 25 Smoking in aircraft. Rule 25A Fuelling of aircraft. Rule 25B Housing of aircraft. Rule 26 Parachute descends and dropping of articles. Rule 27 Carriage of persons in unauthorized parts of aircraft. Rule 28 Control of aircraft by persons under seventeen. Rule 29 Acts to imperil safety of aircraft. PART IV.-REGI5TRATI0N AND MARKING OF AIRCRAFT Rule 30 Certificate of registration. Rule 31 Nature of application. Rule 32 Aircraft imported by air. Rule 33 Change in ownership. Rule 34 Aircraft destroyed or withdrawn from use. 963 PAGENO="0974" 964 AIR LAWS AND TREATIES OF THE WORLD Rule 3i Registration fee. Rule 36 Register of aircraft. Rule 37 Method of registration marks. PART V.-PERSONXEL OF' AIRCRAFT Rule 3~ Persoiinel to he carried. Rule $9 Licensing authority. Rule 39A Disqualification from holding or obtaining licence. Rule 3911 Medical requirements. H ide -0) Sigiia ture of licence holder. Rule 41 Pr ii ifs ;f competency. Rule 42 Peii id if validity of licences. Rule 42X Pilot not, to tiy for more than 12i hours. Rule 4$ Renewal of licexices. Rule 41 Aircraft not registered in India. Rule 4~ Vali(lation of foreign licejices. Rule 46 1 )eiete(l. Rule 47 Age of a Iplicants. Rule 4~ Fees. PART \J.-XIRWORTIIINESS Rule 49 Standard of air\vorthjness. Rule ~4) Acceptance of foreign standards. Rule i1 Categories and sub-divisions. Rule ~2 Instruments and equipment-minimum. Rule ~3 Instruments and equipment for flight. Rule 54 Weight. Rule Period of validity of certificates of airworthiness. Rule 16 Renewal of certificates of airworthiness. Rule ~7 Periodical overhaul. Rule ~S Modifications. Rule ~9 Maintenance standards and accessories. Rule 60 I)aily inspection. Rule 61 Licensing of Aircraft Maintenance Engineers. Rule 62 Fees. PART Vu-RADIO-TELEGRAPH APPARATIS Rule 63 Aircraft for which apparatus is obligatory. Rule 64 Suspension of rules. PART VIII.-AIR-ROTTTE BEACONS. AERonRo~IE LIGHTS AND FALSE LIGHTS Rule 6~ Air-route beacons and aerodrome lights. Rule 66 False lights. PART IX.-LOG-BOOKS Rule 67 Log-Books. PART X.-INvESTIGA'rIox OF ACCrDENTS Rule (lS Notification of accidents. Rule 69 Report on accidents. Rule 70 Removal and preservation of damaged aircraft. Rule 71 Inspectors investigatloim. Rule 72 Powers of Inspector of Accidents. Rule 73 Insped'tor~s fee. Rule 74 Committee of Inquiry. Rule 7~ Formal Investigation. Rule 76 Obstruction of proeeeding~. Rule 77 Accident to aircraft registered in a Foreign State. Rule 77~~ Saving. PART XI.-AERODROMES Rule 7~ Government aerociromes. Rule 79 Other aerodromes. Rule ~0 Licensed aerodromes. Rule ~1 Public aerodromes. Rule 5~2 Tariff charges. Rule 53 Qualifications of licencee. PAGENO="0975" AIR LAWS AND TREATIES OF THE WORLD 965 Rule S-I Period of validity of licence. Utile ~ ( `I ssittcatiofl of aerO(lrOiI1e~. Rule 56 Conditions governing the grant of licence. Rule 57 Fees. PART XII lIttle 55 to 133 1)eleted. PARt XII-A.---IIF~u1 At' (tRY PnovisiONS IliiIe 133~A. 1s-.ue of special clire'tn ns. I~ART XIII.-AIR TRANSPORT SEP.vlcEs little 134 Air Transport Services. Rule 13~ to 139A Deleted. Utile 141) Minimum requirements to he complied with. Utile 140A D(rs sanction to introduce new routes etc. Rule 1-lOB Oierations Manual. Rule 140(' Route Guides. lIttle 141 to 1i2 I)eleted. Rule i~3 (`arriage of mails. Rule l~4 l)eleted. Rule 1~ I )eleted. I'ART XIV.-GENERAL Rule lTO Inspection of aircraft and aircraft factories. Rule 1~'i7 Forgery, etc. of documelits. Rule 1~S Foreign Military aircraft. Rule 151) ()bstruction of atithorised persolis. Rule 161) Power of the Central Governiiieat to grant exemptions. Utile 161 l'euialties. SCHEDU LES SCHEDULE I Prohihited areas. SCHEDULE II Lieencing of Aircraft Personnel. SCHEDULE III Certificates of Airworthiness and Aircraft Maintenance Engineers' Licences. SCHEDULE IV Rules of the Air. SchEDULE V Aerodromes. SCHEDULE VI Penalties. SCHEDULE VII Deleted. SCHEDULE VIII Licencing of Air Transport. SCHEDULE IX Deleted. CHAPTER II. DEPARTMENT OF INDUSTRIES AND LABOUR. i~oTIFIcA'rIox. Le Pe7/u~, (lie 2-lid JIaieli. 11)37. No. V-26.-In exercise of the pow~ers conferred by sections 5 and ~i and sub-section (2) of section 8 of tile Ifl(liafl Aircraft Act, 1934 (XXII of 1934), and section 4 of the Indian Telegraph Act, 1885 (XIII of 1885), anti in superseSsion of the Indian Aircraft Rules, 1920, with the exception of Part. IX thereof, tile Centi'al Government is pleased to make the following rules, tile same having been Pre- viously published, as required by sectioii 14 of the former Act, namely :- RULES. Part 1.-Preliminary 1.-Short title and extent.-(1) These rules may be called tile Indian Aircraft Rules, 1937. PAGENO="0976" 966 AIR LAWS AND TREATIES OF THE WORLD (~) 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 jil a country other thaii India, the regulations of that country relating to registra- tion, licensing of personnel, airworthiness and log books shall apply h1 place of the provisions contained in Parts IV, V, VI and IX of these Rules: Provided further that the foregoing prociso 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 Avia- tion opened for signature at Chicago on the. 7th December, 1944. 2. Nationality of aircraft.-An aircraft shall be deemed to possess the nationality of the. State on the register of which it is entered. 3. Definitions and Interpretation.-(1) In these rules, unless there is ~uivthing repugnant in the. subject or context- "Aerial work aircraft" means aircraft used for an industrial or commercial purpose or 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 pai't, for the landing or departure of aircraft, and inchicles all buildings, sheds, 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 manoenvres of an aircraft 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 a.ircraft 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. glide.rs 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 pai'ty to the Convention on International Civil Aviation con- chided at Chicago on December 7, 1944; and any amendment PAGENO="0977" AIR LAWS AND TREATIES OF THE WORLD 967 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 horizontal 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 aerodvne, 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. "Landing area" means that part of an aerodrome reserved for the departure or landing of a.ircraft. "Making way" An aircraft is said to be "making way" when unde.r 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, mili- tary or air force service, detailed for the purpose shall be (Teemed tobea military aircraft. "Normal flight." means flight, comprising climbing, horizontal flight, turning and descending; provide(l, however. that. it. doe.s not entail abrupt variations in height, or in the attitude of time aircraft. "On the surface of the water" An aircraft. is deemed to be. "on time surface of the water" so long as any portion of it is in contact with the water. "Passenge.r aircraft.". "mail aircraft" and "goods aircraft." means aircraft which effect public, transport of 1)assengers, mails or goods respectively. "Personnel" in relation to any aircraft. means the persoi~ in charge, pilot, navigator, engineer, and all other members of the crew. "Pe.troleun'i in bulk" means petroleum colltaifle(l In ii receptacle exceeding two hundred gallons in capacity. "Private aircraft" means all aircraft other than aerial work aircraft. 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 ef- fecteci by aircraft for a remuneration of any nature whatsoever. and all carriage of persons or things effected by aircraft. without 39-73T----65-vol. 1-02 PAGENO="0978" AIR LAWS AND TREATIES OF THE WORLD 96S such remuneration if the carriage is effected by au air transport undertaking. "Public transport aircraft" means an aircraft \vhicil effects public transport. "Scheduleil air transport service" shall have, the same meaning as in the Air Corporations Act. 1953 (2T of 1953). `~State aircraft includes military aircraft and aircraft exciu- sivelv employed in State service. such as posts, customs, police. ~ubsequeuit. aircraft" means an aircraft. which is constructed ill acc0r(liI~~e with the design and specihcatioui of a type of air- craft. which has been approved or accepted by the Central Gov- ernient 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 uiitil tile moment of starting normal flight. "Ic lall(1 is the action lIn(ler norlnal conditions of making con- tact with the ground or a solid platform or water by an aircraft equipped for this purpose. l~llder control" An aircraft is said to l)e "under control when it is able to inan~uvre as required by these rules. "Visible." as ap~)lied to lights means visible on a dark night with a clear atmosj)llere. (~) 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 b rule 19 or Part. V or Part. VI of these Rules on the Central Government by an authority outside India. specified by tile Central Government. in that behalf, shall have effect in India as though the pow~~~ had been exercised or the duty had been discharged by a person authorized ill this behalf under sub-rule (2). Part II.-General Conditions of Flying 4. Use and operation of aircraft.-No person shall use or operate or assist in using or operating an airc.raft. save in accordance with these rules. 5. (As amended by Indian Aircraft (Amendment) Rules, 1962) Registration and nationality and registration marks.-Subject to tile provisions of rule 33, 110 person shall fly or assist in flying any aircraft. unless- (a.) it has been registered, and (7) it bears its nationalit and i-e.gistrat.ion marks and the name and residence of tile owner affixed or painted thereon in accord- ai~ce with rule 3T or. in tile case of aircraft registered elsewhere than in India, in accordance with the regulations of the State in which it is registered: Provided that tile 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 condi- tions and limitations which may be. specified in such permission. 5-A. (As amended by Indian Aircraft. (Amendment) Rules, 1962) Prohibited Flights.-Except. under, and in accordance with the terms PAGENO="0979" AIR LAWS AND TREATIES OF THE WORLD 969 and conditions of, a permit issued by the Director General of Civil Aviation. (1) no aircraft registered in India. shall leave India for the purpose of a flight to a place outside India (2) no aircraft shall undertake a flight to any territory whicli the Ce.iitral Government. may, by notification in the Official Gazette, declare to be a prohibited territory. 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 aircraft 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. 7. (As amended by Indian Aircraft (Amendment) Rules, 1961) Documents to be carried in aircraft.-No person in charge of any aircraft engaged in international navigation shall allow such aircraft to be flown unless the following documents issued or rendered valid by the State in which the. aircraft is registered are carried on board the aircraft, namely- (i) the certificate of registration, (ii) the certificate of airworthiness, (iii) the journe.y log book, (iv) the appropriate licences for each member of the crew, (v) if equipped with radio apparatus as prescribed under rule 63 of these Rules, the permit. and/or licence for such apparatus and also the telecommunication log book, except that the tele- communication log book need not be maintained when using radio telephony, (vi) a list showing the. name and nationality of each member of the crew, (vii) if the aircraft carries passengers, a list showing their names, nationality, places of embarkation, immediate and ulti- mate destination, (viii) if the aircraft carries goods, air consignment notes and manifests in respect thereof showing a description of the goods, the names and addresses of the consignor and the consignee and the immediate and ultimate destination of the goods, (ix) a stores list showing the nature and quantity of all stores carried, and (x) working copies of the aircraft., engine and variable pitch propeller log books. (2) No person in charge of any aircraft registered in India engaged in international navigation shall allow such aircraft to be flown un- PAGENO="0980" 970 AIR LAWS A~D TREATIES OF THE WORLD less the following additional documents issued or rendered valid are carried on board the aircraft namely- (i) in the. case of a public transport aircraft, the certificate of safety in force in respect of the aircraft, (ii) in the case of a. public transport aircraft, a load sheet relating to the particular flight of the aircraft, (iii) working copies of tile aircraft radio apparatus log book as prescribed imcler rule 6~ of these Rules. (3) When not engaged in international navigation no person in charge of an aircraft shall allow such aircraft to be flown unless t.he following documents are carried on board the aircraft, namely- (i) in tile case of public transport. aircraft tile documents spe- cified ill clauses (i) to (x) of sub-nile (1) and (i) to (iii) of sub-rule (~), (ii) in the case of an aerial work aircraft, tile documents spe- cified in clauses (i) to (v) of sub-nile (1), (iii) in the case of a private aircraft, tile documents specified in clauses (i), (iii), (iv) and (v) of sub-rule (1) Provided that an aircraft which does not leave the vicinity of its starting place and which returns without landing elsewhere to its starting place need not carry any documents except those specified in clause ( iv) of sub-rule (1): Provided further that where a licence or other document has been submitted 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 tile aircraft. 7-A. Prohibition of carriage of persons without passport.- (1) No person in charge of any aircraft shall allow such aircraft to enter Iiili~t 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, l{~1) (XXXI\ of 19~U). (~ ) Wnere an ajrcraft is brought into India in contravention of sill)-rul~ (1). any authority empowered1 by the Central Government. generally or spec1~ly in this l)ehalf may direct. the owner or the lersoll in charge of the. aircraft. to take on board and remove from ludia, or otherwise arrange for the immediate removal from India of the person or l)e1~S0l~5 without val hi p~~~ports, and the owner, or as the. ease may he, the. 1~rson in charge, of the aircraft shall comply with such directions. 7-B. Carriage of Cock-pit Check List in aircraft.-Every aircraft registere(i in India. and engaged in public transport. shall carry Cock- pit Checi: Lists and Emergency Check Lists approvedi by the Director General for that particular type of aircraft. Such lists shall be prominently displayed or installed in a readily accessible posit.ion in the pilots cockpit. 8. Carriage of arms, explosives or dangerous goods.-(l) Save as otherwise provided in this rule., rio person shall carry or cause or permit to he carried, in any aircraft. to, from, within or over India any munitions of war, implements of war, explosives, articles of a hi~hihv inflammai~de nature, arms, ammunition. military stores. oxidis- lug niaterial. eorros~ve substance. compressed gas, tear gas, radio-active materials, poisonous substance or other dangerous goods. PAGENO="0981" AIR LAWS AND TREATIES OF THE WORLD 971 (2) Notwithstanding anything contained in sub-rule (1), the fol- lowing 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; (74 subject to the provisions of the Indian Arms Act, 1818. and the rules made thereunder, such arms and aimnunition 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) WThere 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, prote.cted and secured as to avoid the possibility of their being a source of danger to the air- craft or to persons or things carried therein; (14 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) rUle 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 in- form the pilot or person in charge of the aircraft of all such particu- la.rs before the goods are placed on board the aircraft. (5) Ever 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 na- ture 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 aut.horised in this behalf by the Central Government has reason to believe that the provisions of this rule are, or are about to T)e contravened, he may cause the goods in question to be placed under his custody pending detailed examination of the nature of the goods or pending a decision regarding the action, if any, to he take.n in the matter. (7) Where any officer of the Corporation authorised in this be- half by the Central Government has reason t.o believe that the car- riage by air of any goods offered to Ihe corporation for transporta- tion by air contravenes or will contravene the provisions of this rule, he may cause the goods in question to be placed under his custody pending detailed examination of the nature of the goods or pend- ing 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 PAGENO="0982" 972 AIR LAWS AND TREATIES OF THE WORLD holds a. iicellce of the type required iiv 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 ac- cordance with those provisions. ) Radio-transmitting apparatus carried in aircraft shall be oper- ated under the conditions defined by the. International Te.lccommuni- cation Convent ion (Ma drid 1 932) and the general radio-cominum- cation regulations annexed thereto as far as these apply and shall he operated only during the. hours in which such operation is per- nutted by the Central Uoverim~ent. 3) Aircraft registere(l in India and required by these rules to carry radio-telegraph apparatus shall be htte(l with such apparatus in ac- coidance with the provisions of Part VII. (4) Nothing iii this rule shall exempt. any person from those provi- sions of the Indian lelegraphi Act, 1885, and the rules made there- under 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 w-riting of the Director- General of Posts and Telegraphs. 11. Aerodrome.-(1) No pilot, or person in charge of any aircraft carrying passengers for hire or reward shall use any place for a series of landings and departures, and no pilot or person in charge of any aircraft employed on a scheduled air transport service shall use. any place as a regular place of landing or departure other than an aero- drome licensed or approved for the llirpose in accordance with the provisions of Part XI. (2) No person being the. proprietor of an aerodrome other than an aerocirome mentioned in sub-rule (1) shall permit the aerodrome to be used in contravention of that sub-rule. (3) No person other than the occupant of an aircraft. manoeuvring in a.ccordance with these rules may enter upon the. landing area of an approved or licensed aerodrorne w-ithout. 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 accord- ance with the conditions specified in that. Schedule. (2) Every pilot, who, whe.n 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 paragraph 1.1 of Appendix A to Schedule IV and shall land the aircraft. as soon as possible, outside the prohibited area at one of the nearest aerodromes in India Provide.d that. he shall not, unless compelled by stress of weather or other unavoidable cause, fly further into the prohibited area nor com- mence to descend while still above the prohibited area. (3) When the signals prescribed in paragraph 2 of Appendix A to Schedule IV are given, the pilot of the aircraft shall immediately change his course and fly away from the prohibited area. (4) WThen the signals prescribed in paragraph 3.1 of Appendix A to Schedule IV are given, the pilot shall immediately give the signal re- ferred to in sub-rule (2) of this rule and land the aircraft in accord- ance with that sub-rule. PAGENO="0983" AIR LAWS AND TREATIES OF THE WORLD 973 13. Photographs at Aerodromes or from aircraft in flight.-No person shall take, or cause or permit to be taken, at a Government aero- drorne or from an aircraft in flight, any photograph except in accord- ance with and subject to the terms and conditions of, a permission in writing granted by the Director-General, a Deputy I)irector General, the Director of Information and Regulations or a Controller of Aero- dromes, of the Civil Aviation Department. Provided that the Director General from time to time, may, by notification in the official Gazette, direct that these restrictions shafl not apply to photography at any Government aero(lrome. or within such limits of any Government aerodrome as may be specified in the order. 13-A. 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 ride 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 per~oii in charge of the aircraft and beyond the access of any other pei~on 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 photo- graphic 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 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 as 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 ac- cordance with Part. IV in Category A, and such restrictions shall be deemed to have been effectively imposed if they have been noti- fled in writing to the owner or operator of such aircraft or by notifica- tion in the official Gazette. 15. (As amended by Indian Aircraft (Amendment) Rules. i9~2) Conditions to be complied with by aircraft in flight.-No aircraft. engaged in international navigation, public, transport, aircraft, or aerial work 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 a.re complied with namely- (1) the aircraft. shall be. certified as airworthy and shall be maintained in airworthy condition in accordance with the pro- visions of Part. VT or (in the case of an aircraft not registered in India.) in accordance with the regulations of the State in which the a.i rcraft. is registered; (ii) all the terms or conditions on which the. certificate of air- worthiness was granted shall he duly complied with: PAGENO="0984" 974 AIR LAWS AND TREATIES OF THE WORLD (iii) the aircraft shall carry on board its certificate of air- wortlimess and any other certificates prescribed by Part VI, or b the regulations of the State in which the aircraft is registered, which it. is rec1uired to carry on board. The certificate of air- worthiness shall be carried in the pocket of the journey log b~k; iv) the aircraft shall be fitted with and shall have in working order such instruments and equipment as are prescribed 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. E~ep7aiu;tt~oi~'.-For the purpose of this rule, aircraft let out on payiiiei~t. for instructional or other purposes by a flying club or flying school to a member or pupil thereof shall be deemed to be let out for hire. 16. Rules of the air.-Every person shall comply with such Rules of the Air contained in Schedule IV to these Rules as may be appli- cable to that person and every pilot and every person in charge of an aircraft shall take such steps as are practicable to secure that when the aircraft is in flight or is being manoeuvred on the land or water, the windows, wind-screens or side-screens of the aircraft through which the pilots obtain the view- forward or sideways are maintained in such a condition as not to obstruct his view. 17. (As amended by Indian Aircraft (Amendment) Rules, 1962) Production of licences, etc.-Anv licence (other than a licence issued under Part XIII). certificate, log book or document granted or re- quired to be maintained under these rules shall, on demand for the I)tlrpose of inspection, by any magistrate, any police officer above the rank of constable, any customs officer, any commissioned officer of the Naval. Military or Air Force of the Union, any gazetted officer of the Civil Aviation Department, or any other person authorized by the Ce.ntral 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 aerodroine, by the owner, hirer or person in charge thereof: Provided that any such licence, certificate, log book or document 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 of the Indian Aircraft Act., 1934, to detaIn aircraft may do so by the issue of a written direc- tion to the pilot or other person for tile time being in charge of the aircraft to be detained, or by taking such other steps as may be neces- sary to make the detention effective. If an aircraft detained by a per- son so authorized is housed or kept. at. a Government ae.rodrome 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 and certificates.-(1) Where any person is convicted of a contravention of PAGENO="0985" AIR LAWS AND TREATIES OF THE WORLD 975 or failure to comply with these rules in respect of any aircraft the Central Government may cancel or suspend any certificate of regis- tration granted ~mder these rules relating to that aircraft. (2) The Central Government may cancel or suspend any certificate 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 air- craft in question or of the type to which the aircraft in cjuestion be- longs and may vary the conditions attached to any such certificate if it is satisfied tha.t those conditions may properly be relaxed or that reasonable doubt exists whether those conditions afford a sufficient margin of safety. (3) The Central Government may for reasons which shall be re- corded in writing cancel, suspend or endorse any certificate or licence granted under these rules if it is satisfied that there is sufficient ground for so doing and ma suspend an such certificate or l~cence tempo- rarily during the investigation of any matter forlninLr a ground for action under this sub-rule. (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 it for cancellation, 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 III, with the exception of rule 26 in so far as it. relate.s to the dropping of articles from aircraft shall not apply to kites. 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 ([anger to any person or property. 22. Deleted. 23. Deleted. 24. Prohibition of intoxicated persons entering aircraft.-No person acting as. or carried in an aircraft for the pi~1~pose of acting as. pilot, commander, navigator, engineer or other Operat!ng member of the crew thereof, shall have taken or used an alcoholic drink, sedative, narcotic or stimulant drug or preparation within 12 hours of the commencement. of the flight or take or use any such l)repara- tion in the course of the flight, and no such erson 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 so to act js impaired, and no other person while in a state of intoxication shall enter or be~ in an a irera ft. PAGENO="0986" 976 AIR LAWS AND TREATIES OF THE WORLD 21-A. Carriage of persons suffering from mental disorders or epilepsy in aircraft.-No p~~son shall knowingly carry or permit to 1 e (arrie(l, or connive at the carriage of, a persoii suffering from any mental disorder or epilepsy in an ajrcraft.: Provided that this prohibition shall not apply if the person to be. carried is cerl itied by a registered medical practitioner to be fit to I ravel by air without 1)ein~ a risk to other passengers or to the aircraft, an(l in addition- c) has not taken or used any alcoholic drink or preparation within twelve hours of the commencement of the flight I ii ) is kept iimnlei~ l)I~ol)et' sedative, if in a state of excitement, (luring the flight and stol)s en route; and r) isac conipanied 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 accoml)amIied I)v a registered me(lical pntctitioner and adequate escort who shall mdivi(luallv and collectively be reS1)OlISlble for ensuring that no alcoholic drink or pi'eparatioii is t.akeii by the pe~~n in their charge and that such pe~'~o~1 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 carred on an aircraft. except under and in accordance with a permit in writing issued by the Director General in this behalf, and sulflect to such conditions, if any. as he may specify in the permit. E~7t;~ .-The term ~ means a person who is con- hued in any prison and includes a person who is arrested under any law for the time being in force. 25. Smoking in aircraft.-(1) The owner of every aircraft regis- tere(l 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 permitted therein. (2) X notice permitting smoking in such aircraft may be exhibited therein only if smoking in the aircraft. is permitted by the certificate of airworthiness of the aircraft. or by the direction of the Central Government and only in accordance, with the conditions relating to sinokin~ contained in such certificate. or direction. (~) No person shall smoke in any aircraft. registered in India. which is provided with a. certificate of airworthiness unless a notice per- mitting smoking is exhibited in the aircraft, and any person smoking shall comply with all the terms of such notice. 25-A. Fuelling of aircraft.-(1) No person shall fill or replenish the fuel tanks of an aircraft from vehicles or vessels containing petroleum in bulk or from fuel hydrant. installations except from vehicles or installations of a type approved by the. Chief Inspector of Explosives or from barges licensed under the Petroleum Rules, 193~. (2) During fuelling operations, which may include filling or drain- ing of fuel tanks the following precautions shall be observed (71) Fueling of aircraft shall l)e done outdoors and not less than l~ metres from any building. (71) A `~NO SMOKING" notice shall l)e promiiie~~tly displayed. PAGENO="0987" AIR LAWS AND TREATIES OF THE WORLD 977 (e) Smoking or use of an appliance employing naked flame or use of an appliance capable of producing a spark or in any other way igniting fuel vapours shall iiot. be permitted within 30 metres of the aircraft or fuelling equipment. (d) Aircraft. engines shall not be started or turned and ignition switches shall be placed in the. "OFF" position. (e) Aircraft. electrical radar aiicl radio systems shall not be operated and the switches relating thereto shall remain in the "OFF" position: Provided that this clause shall not apply to electrical switches controlling the following circuits- (i) power and light essential for fuelling operations; (ii) minimum amount of Cabin lighting; and (iii) st.eady parking lights. Such Switches shall not be operated during the fuelling operations. (f) The use of ground power supply units, airconditioning units, tractors and similar equipment shall be permissible subject to compliance with the following conditions- (1) Flexible trailing cables suitable for use in hazardous areas shall be used. (ii) They shall be located outside the Danger Zone. Danger Zone is defined as the area within the largest polygon obtain- able by joining points 3 metres away from the wings and the fuelling vehicle. (iii) The units, including the associated electrical equip- ment, shall be flame-proof and of a type a.pproved by the Chief Inspector of Explosives, otherwise they shall be sta- tioned at a distance of not less than 15 metres, in the case of gasoline or wide out fuels a.nd 6 metres in the. case of straight kerosine, from the aircraft and the fuelling vehicle. (iv) They shall not be switched "ON" or "OFF" during fuel transfer. (g) The fuelling equipment and the aircraft shall be bonded to each other and both shall be earthed. (/1) No person other than the staff of the operator, fuelling company and officials of the Civil Aviation T)epartment, Customs and Police, shall be permitted within 15 metres of the aircraft. (.") Passengers may be permitted to embark, disembark or re- main in the cabin subject to the following conditions- (i) an attendant shall remain on duty in the cabin of the aircraft.. The attendant. shall ensure that no smoking takes place or other source of ignition is allowed to occur and shall assist in the removal of passengers in the event of fire: (ii'~ the passenger loading ramp shall he correctly posi- t.ioned at the cabin exit door and adequate provision shall be made to maintain the equilibrium of the. aircraft in case all passengers attempt. t.o leave by one exit: (`iii) in case of marine aircraft, adequate. means of water transport. shall be stationed at the cabin exit. door. (j) the handling of freight and baggage in and around the aircraft shall not proceed simultaneously with fuelinr~ unless adequate precautions have bee.n taken to eliminate fire risk. PAGENO="0988" 978 AIR LAWS AND TREATIES OF THE WORLD (A:) no aircraft maintenance shall be conducted which may pro- vide a source of ignition for fuel vapours during fuelling opera- t ons. (1) fire extinguishers of adequate capacity and of suitable type, approved by the Director General shall be available for immediate use near the aircraft. (m) in the event of fuel being spilled, fuelling must cease and the engine of the ground po~ver supply unit must be stopped, but the electrical circuits and switches should on no account be touched except for the purpose of stopping the power unit.. Prior to re- commencing fuelling, action must be taken to clean the spilled fuel. Fuel must not be washed into sewers or drains. (ii) fuelling operations shall cease when a turbo-jet aircraft manoeuvres so as to bring the rear jet outlets within 43 metres of the fuelling equipment. or the aircraft.. Nou~.-The requirements of clause (f) of sub-rule (2) above shall not apply to the use of ground batteries as a.n auxiliary source of electric supply to the aircraft provided they are not connected or disconnected during fuelling operations. 25-B. Housing of aircraft.- (1) No aircraft containing dangerous petroleum in hulk in any of its tanks may be housed in a hangar unless such hangar is constructed of uninflammable material and is effectively 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. (As amended by Indian Aircraft (Amendment) Rules, 1962) Dropping of articles and descents by parachutes.-(1) No person shall drop or proiect or cause or permit to be dropped or projected from an aircraft in motion anything except. ballast in the form of fine sand or water: Provided that nothing in this rule shall be construed as preventing- (a) in an emergency, the dropping of liquid fuel; (7~) in an emergency, the dropping of cargo over areas where hazard to persons or property outside the aircraft is not thereby created: (c) the dropping of message bags. smoke producing or other apparatus or materials dropped for the purpose of navigating an aircraft or communicating messages from aircraft subject th the observance of such precaut1o1~s as to the nature of the articles dropped and the place of dropping as will avoid risk of injuring persons or damaging property on the ground or water; (cI) the dropping of separate sheets of paper containing printed matter in any place if the written permission of the District Magistrate, or the Commissioner of Police is first obtained in each case: (c) the dropping of ropes used for towing aircraft. (2~) No person shall, except in an emergency, descend by means of a parachute from an aircraft and no person shall drop or cause or permit io be dropped from an aircraft in flight 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 PAGENO="0989" AIR LAWS AND TREATIES OF THE WORLD 979 contained in a general or special order of the Central Government in writing in that behalf. 27. Carriage of persons in unauthorised 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 cle- 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- rarv access- (i) to any part of the aircraft for the purpose of executing repairs to the aircraft or adjusting the machinery, or equip- ment 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 being carried and to which proper means of access is pro- vided; and (b) a person may be carried on or any part of the aircraft, or anythiiig 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 lie 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. Part IV.-Registration and Marking of Aircraft (As amended by Indian Aircraft (Amendment) Rules, 1962 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 either of the following categories, namely- (a) Category A-Where the aircraft is wholly owned either- (1) by citizens of India, or (ii) by a. company or corporation registered and having its principal place of business within India. and the Chairman and at least two-thirds of the directors of which are citizens of India; and (b) Category B-Where the aircraft is wholly owned either- (i) by persons resident in or carrying on business in India who are not citizens of India, or, (ii) by a company or corporation registered elsewhere than in India and carrying on business in India. PAGENO="0990" 980 AIR LAWS AND TREATIES OF THE WORLD (3) No aircraft iii respect of which the conditions required in sub- rule. (2) are. not satisfied, or which is already validly registered in another country, shall be registered in India. (4) In a ease where the usual station of an aircraft and its ordinary area of operation are not situated in India, the Central Government may decline to accept an application for registration of the aircraft in 1ndia. or. as the case may be. to permit, the aircraft to remain registered in India. if. in its opinion, the aircraft could more. suitably be registered iii some other country. (5) In any pai~ticiilar case, the Central Government may decline to register an aircraft in India if, in the circumstances of the case, it appears to it to be inexpedient in the public interest that. the aircraft should be so registered. (6) The reg'Ltration of an aircraft registered in India may be can- (Plied at any time by the Central Government, if it satisfied that the ownership of the aircraft. is not as shown in the register or that regis- tration is not in conformity with the. provisions of sub-rule (2) of this rule or that the aircraft could more suitably be registered in some other country or that it is inexpedient in the public interest that the aircraft should should remain registered in India. 31. Nature of Application.-( 1) Every application for a certificate of registration shall be accompanied by- a) such particulars relating to the aircraft and its ownership as may be required by the Central Government; b ) the fee 1)1~escribedl in rule 35 : and (c) in the case of an aircraft imported by air, a certificate signed by the Chief Customs Officer or Customs Collector that the cus- toms duty le.viable in respect. of it has been paid and st.ating the tYpe and manufacture's number of the aircraft and engine, and if the aircraft has been registered elsewhere, its registra.tion markings. (2) An applicant for a certificate of registration may be required to proluce proof of the truth of the statements contained in his ili)1)ii('lI IOfl. 32. Aircraft imported by air.-Whe.n an application is made for time registration of an aircraft. before its import. into India, for the pur- pose of the import of the aircraft. by air a temporary certificate of registration may, subject to the conditions of sub-rule (3) of rule., 30, be granted by the Central Government to the owner of the aircraft com- plying with clauses (a ) and (b) of sub-rule (1) of rule 31. Such tern- poliry certificate shall be valid only until the first landing of the air- (raft at a customs aerocirome in India, when the certificate shall be delivered by time ~i1ot or other person in charge to the local Aerodrome Officer. Thereafter, on production by or on behalf of the owner of the aircraft. of the certificate mentioned in clause (c) of sub-rule (1) of rule 31, the certificate of registration may be grante.d by the Central Government. Provided that, if an aircraft in respect of which a temporary cer- tificate of registration has been issued is imported otherwise than by air, such temporary certificate shaH cease to be valid on t.he date of import of the aircraft. and the temporary certificate shall forthwith be delivered by the owner to the Director-General, and thereafter the certificate of registration may be granted by the Central Government. PAGENO="0991" AIR LAWS AND TREATIES OF THE WORLD 981 33. Change in ownership.-In the event of any change in the own- ership of a registered aircraft, or if a registered aircraft ceases to be owned wholly either by person or by a company or corporation ful- filling the conditions set out in rule 30, then- (a) the registered owner of the aircraft shall forthwith notify to the Director-General such change of ownership, or, as the case may be, that the aircraft has ceased to be so owned; (b) any person, company or corporation who becomes the owner of au aircraft registered in India (hereinafter referred to as the New Owner) shall forthwith inform the Director-General in writ- ing of the fact of his ownership of the aircraft and may make an application for a certificate of registration; such application shall be made in such form and shall contain such 1)articulars as the Director-General may direct. Fntil such application is made audi the certificate of registration is granted to the new owner, it shall not be lawful for any person to fly or assist in flying such aircraft except in accordance with and subject to a peimission in writing of the Director-General; (c) the registration and the. certificate thereof shall remain valid until such registration and certificate have beeui cancelled by the 1)irector-General: (d) the new owner shall be responsible for payment to the Cen- tral Government of any charges, such as landmg, parking and housing charges, outstanding in respect of the aircraft, irrespec- tive of whether or not such dues were incurred during the period when the aircraft was registered in the name of such owner, P'°- vided that nothing herein shall absolve any person from liability to make payment to the Central Governmeuit of any charges such as landing, parking and housing charges which were incurred when such le~~on was the registere(l owner of the, aircraft. 31. Aircraft destroyed or withdrawn from use.-When a regis- tereci aircraft has been destroyed or pei~mmtneu~tly withdrawn from use, the pei~~n, company or corporation for the time being registered as owner of the aircraft, or, if that person is dead or that company or corporation is dissolved, his personal representative or its successor in title, as the case may be shall, as soon as possible notify the Director- General accordingly, and the registration and the certificate thereof shall not lapse unless and until it is cancelled b the Director-General. 35. Registration Fees.-(1) A fee of fifty rupees shall l)e payable in respect of a certificate of registration. (2) WThere the original certificate of registration is lost or destroyed, a duplicate thereof may be issued on payment of a fee of ten rupees. (3) A fee of ten rupees shall be payable for the issue of a temporary certificate of registration referred to in rule 32. 36. Register of aircraft.-The Register of aircraft registered in India shall be open to inspection by members of the public at such times and subject to such conditions as may be specified by the I)irector- General. 37. Nationality and Registration Marks, how to be affixed.-The following provisions of this rule shall have effect with respect to the marks to be borne by aircraft registered in India- (1) The nationality mark of the aircraft shall l)e the capital letters VT in Roman character and the registration mark shall be a group of PAGENO="0992" 982 AIR LAWS AND TREATIES OF THE WORLD three capital letters in Roman character assigned by the Director-Gen- eral. The letters shall be without ornamentation and a hyphen shall be placed between the nationality mark and the registration mark. ~2) The nationality and registration marks- (a) shall be painted on the aircraft or shall be affixed thereto by any other means ensuring a similar degree of permanency in the manner provided in Schedule X to these rules b) shall be inscribed together with full name and address of the registered owner of the aircraft, on a stainless steel plate af- fixed in a prominent, position to the fuselage or, in the case of a balloon, to the car or basket, and near the main entrance of the aircraft.; and (c) shall always be kept clean and visible. 37-A. Use of State Marks.-(1) An aircraft shall not bear on any part of its exterior surface any advertisement or any sign or lettering except. those under these rules and as required or permitted by the Di- rector-General. (2) The name of an aircraft and the name and emblems of the owner of the aircraft may be displayed on the aircraft if the location, size, shape and colour of the lettering and signs do not interfere with easy recognition of, and are not capable of confusion with the nation- alitv and registration marks of the aircraft. (3) An aircraft other thaii a State aircraft. shall not bear any mark or sign prescribed for use b a State aircraft. (4) National flags or colours may be displayed on the aircraft in such a manner that. they are distinct and are not likely to create confu- sion with the markings used by military aircraft. 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 per- sonnel which it. carries and by which it is operated as are applicable to the class of flying machine to which it belongs: (1) Prh'ate pi7ot.-Everv 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 instruct1on 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) unless he has had not less than 25 hours' sole flying experience, has a certificate from a licensed pilot instructor that he is, considered sufficiently qualified for the purpose and has previously flown a flying machine of the same type and has satisfactorily completed three landings and three. take-offs therein. (2) Pvb7ie tra:nsport or aerial work pilot.-Every public transport or aerial work flying machine shall be flown by a person holding a Public Transport Pilot's licence ("B" licence) issued in accordance with sub-rule (3) of rule 41: PAGENO="0993" AIR LAWS AND TREATIES OF THE WORLD 983 Provided that within India. such flying machine, when firing 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 being 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 in- directly 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 in~tructor.-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 accord- ance with sub-rule (4) of rule 41, and no other person may impart, for a remuneration of any nature whatsoever instruction in piloting 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. Explanatior.-A person acting as assistant to a licensed pilot in- structor 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 to act without a written author- ization from the Central Government. (4) Navgafor.-(a) Every flying machine used for international public transport and having to fly without 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) l)y 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 m~ember of crew (1$ Na~'igator- (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 7iities 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. 39-737---65-vol. 1--63 PAGENO="0994" 984 AIR LAWS AND TREATIES OF THE WORLD (6) In sub-rules (4) and (5) of this rule- (i) "night" means the period commencing one hour after sun- set 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 rout&' 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. nagivation. (7) Radio-Telegiap/i. Opeiatoi ~ Lkenee.-An aircraft which is required by these ruJes to carry radio-telegraph apparatus shall carry, in addition to the pilot and whether or not it. participates in the inter- national service of public correspondence, a person holding either a first class or a second class radio-telegraph operator's licence issued in accOrdlaflCe with this Part to operate radio-telegraph apparatus on aircraft. (8) Radio-Tc7ephone Opei'atoi.-An aircraft which is required by these rules to carry radio-telegraph apparatus and which communi- cates by radio-telephony, shall carry a person holding a first class radio-telegraph operators licence Provided that an aircraft. which carries radio-telephone apparatus and which communicates solely by radio-telephony, may carry, instead of a person holding a first class radio-telegraph operator's license, 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, aft.er giving him an op- portunity of being heard, that any person- (a) is a habitual criminal or is habitually intemperat.e 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 t.o be recorded in writing, make an order disqualifying that person for a specified period from holding or obtaining a licence. (~)Fpon 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 dis- qualification has expired or has been removed. 39B. Medical requirements.-(1) On and from the 1st April, 1956, no licence required for any of the personnel of an aircraft referred to in rule 3S, shall be issued, nor shall any such licence issued after PAGENO="0995" AIR LAWS AND TREATIES OF THE WORLD 985 the said date be renewed, unless the applicant satisfies the medical standards laid down in Chapter VT-Medical Requirements-of An- nex 1 to the Convention on International Civil Aviation. (2) Any such licence issued before the date aforesaid may be re- newed 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 signature. 41. Proofs of competency.-Applicants for licences sha.ll be required to produce proof of having the following practical experience and of having passed satisfactorily the following tests and examina- tions: (1) Private Pilot's licence ("A" licence) .-Flying Experience, Fly- ing Tests. Technical Examination and Medica.1 Examination as laid downi in Section A of Schedule II: Provided that for the purpose of the grant. of such licence- (a) a person who is qualified a.s a pilot in the R.A.F. or the T.A.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 examina- tion also; (b) a person to whom a licence of a corresponding or higher class has beeii granted by the competent authority in a contracting State may be exempted from all or any 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 endorse for one or more types only. (2) P;lot's licence endorsed for limited transport of goods avd pas- sengers within India ("A-i" licence) .-Flying Experience, Flying Test.s, Technical Examination and Medical Examination as laid down in Section B of Schedule IT: 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 T.A.F. and who produces evidence to show that he possesses the re- quired flying experience, may be exempted from the flying tests and from the technical examination in Elementary Navigation and Elementary Meteorology specified in clause (e) of sub-para- graph (1) of paragraph 3 of Section B of Schedule II; and a certificate from a R.A.F. or T.A.F. Medical Officer tha.t~ he is fit for full flying duties and is up to the standard required for an "A-i" license 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 flying experience of the applicant is in the opinion of the Central Gov- ernment substantially the equivalent of the flying experience specified in Section B of Schedule IT; PAGENO="0996" 986 AIR LAWS AND TREATIES OF THE WORLD (c) such licence, shall be endorsed for such types of flying machine only as the candi(late has produced proof of his coil- petence to fly. (3) Pub7c Ti'aii-cport P,Yots ("B" 7cence) .-Flying Experience, Flying Tests.. Technical Examination and Medical Examiiiation as laid down m Section C of Schedule II Providei that for the plirlo~e of the grant of such licence- (~r) a person who is qualified as a pilot in the R.A.F. or the I.X.F. anti 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 Sec- tion 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 Officer that he is fit for full flying duties and is up to the standard required for a `B" license may be accepted in lieu of the rne(lical 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 nlay, if he is the holder a current. license, be exempted from the medical exaniination, provided that his flying experience is not less than the flying experience laid down in Section C of Schedule II in respect of a Pi1ot.~s `if 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 equiva- lent of that specified in Section C of Schedule II; (ci) 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 instructionaZ 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 License, 1st class 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 a 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 Glass Licence- Flying Experience and Medical Examination.-As laid down in Section F of Schedule II. Technical qualification.-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, PAGENO="0997" AIR LAWS AND TREATIES OF THE WORLD 987 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. (b) Second Class Licence- Flying Experience and Medical Examination.-As laid down in Section F of Schedule II. Technical qualifications.-The candidate must be the holder of a second class certificate of competency as a wireless opera- tor 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. (c) Radio Telephone Operator's Licence- Flying Experience and Medical Examination.-As laid down in Section F of Schedule II. Technical qualificatione.-The candidate must be the holder of a certificate of proficiency as radio-telephone operator is- sued by the Director-General of Posts and Telegraphs, India, which has been specially endorsed for air operations or of such other certificate 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 granted 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 licences.-(1) The licences may be granted, and on each occasion of renewal 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. (e) Navigator's Licence.-Twelve months. (f) Radio-Telegraph Operator's Licence.-Twenty-f our months. (2) The holder of a licence shall, in any one of the following cir- cumstances, be required to unde.rgo a fresh medical examination, wholly or in partY, 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 t.he event of an accident occurring during the perform- ance 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: PAGENO="0998" 988 AIR LAWS AND TREATIES OF THE WORLD *Provided that without. prejudice to the provisions of rule 160, the Director-General of Civil Aviation may, subject to such conditions and limitations as he may specify, by order in writing, exempt any such pilot, from the provision of this rule. Expl.anation.-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 supernumerary pilot will be counted at 80 per cent. of the flight time. 4-i D.G.C.A. (N.D.)/60 43. Renewal of licences.-Licences may be renewed for the periods specified in rule 42 on production of proof of recent flying experience and after the passing of the medical examination as laid down in Schedule TI: Provided that in the case of a member of the operating crew of an aircraft engaged in public transport or aerial work, who is on duty in a region distant from official medical centres, the medical examination may exceptionally at the discretion of the Central Gov- ernment be deferred for two consecutive periods of three months each on condition that such member obtains locally in each case and forwards to t.he 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 Medical Register of Great Britain: Provided further that the holder of any license may be required before the renewal of the licence to satisfy all or any of the require- ments which are applicable on t.he 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 that State. 45. Validation of foreign licences.-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 t.he Central Government may, subject to such condi- tions and limitations and for such periods as it shall think fit, confer on such licence the same validity for the purpose of flying aircraft recrist,ered in India as if it had been granted under these rules and a Tice.nce so validated shall be subject to the provisions of rule 19. 46. Deleted. 47. Age of applicants.-Licences shall not be granted to applicants who at~ the time of qualification do not comply with the following conditions- (a) An applicant for a Pilot's "A" Licence shall have at- tamed 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 and shall not be more than 45 years of age. PAGENO="0999" AIR LAWS AND TREATIES OF THE WORLD 989 (c) An applicant for a Navigator's Licence shall have at- tained 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 shaH 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- (1) in the case of an applicant for a Pilot's "A-i" Licence or for 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 opera- tive member of the crew of an aircraft. 48. Fees.-(i) The following fees shall be payable in respect. of the issue, validation or renewal of licences or the issue of duplicate licences and the tests and examinations laid down in rules 41 to 43: Flying Test Official Technical Ex~inina- tion (if required) Official Medical Examination ~_ For renewal of For issue of licence or if licence required under sub-rule (2) of rule 42 Li- cence Pilot's "A" Licence Pilot's "A-i" Licence Pilot's "B" Licence Pilot Instructor's Licence Navigator's Licence, 1st Class Navigator's Licence, 2nd Class Wireless Operator's Licence (1) (1) W (`) Rs. 5 20 30 10 75 30 Es. 16 32 32 32 32 32 16 Rs. 8 16 16 16 16 16 8 Rs. 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 Es. 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 re- quired to undergo some part only of the technical examination shall pay a fee of Es. 10 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 part only of the technical examination, the fee may be reduced by such amount as the Central Government may think proper in the circumstances of the case. (2) An application for any licence or for the renewal or validation of any licence shall be acconipanied 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 vali- dated, the Central Government may refund to the applicant such pro- portion of the sum paid as represents the cost of any examination not carried out or any licence not issued. Part VI.-Airworthiness 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 airworthiness 5 5 5 5 PAGENO="1000" 990 AIR LAWS AND TREATIES OF THE WORLD prescribed in the United Kingdom in respect of design, materials, iiiet.!iods of construction and equipment, and the owner of a flying nia.chine in respect of which a certificate of airworthiness is required 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. prescribe modi- ficat ions of the standard and such modified 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 niachine or class of flying machines. 50. (As amended by Indian Aircraft (Amendment) Rules, 1962) "Acceptance of foreign standards.-The Central Government may, ill respect, of any flying machine, accept as evidence of compliance with the conditions of rule 49 a valid certificate of air worthiness issued by the duly competent. authority in any foreign country, provided that it is shown to the satisfaction of the Central Government that the condi- tions on which such certificate of air worthiness was granted are sub- s~iuitiallv equivalent, to the conditions on whichi a certificate of air worthiness is granted in the United Kingdom." 51. Categories and sub-divisions.--A certificate of airworthiness niav be issued in respect of one or more of the categories and sub- divisions of flying machines specified in Section A of Schedule III and the operations of the flying machine shall be restricted to those authorized for the categories to which the certificate of airworthiness extends. 52. Instruments and equipment-minimum.-A certificate of air- worthiness shall not be granted in repect of any flying machine which is not equipped with the following instruments and equipment., which shall be in working order, namely: Air speed indicator. Altimeter. Revolution indicator. Such gauges as may be considered necessary by the Central Gov- eirn ment for the particular installation. Foi aci~obctc cateqory.-Safet.y harness for the pilot.. Foi' `noi~in.a7 eategory.-Safety belt, or safety harness for the pilot. Indicator of position of landing wheels (in amphibian flying machines and in flying machines fitted with a retractable under- carriage). 53. Instruments and equipment for flight.-Every flying machine which is required by these. rules to be provided with a certificate of airworthiness shall, when flying, be fitted or equipped with the instru- ments and equipment specified in Section B of Schedule III according to the circumstances of the flight. The instruments and equipment shall be of types approved by the Central Government, they shall be installed in a. manner approved by it and shall be maintained in work- ing 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. PAGENO="1001" AIR LAWS AND TREATIES OF THE WORLD 991 55. Period of validity of certificates of airworthiness.-A certifi- cate 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 certificate: 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 inspection prescribed in these rules, or of failure to carry out any compulsory modification directed by the Central Government, or of incorporation of any modification which has not been appro~ecl by the Central Gov- ernment, 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 airworthiness.-The Central Gov- ernment 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 overhauled, inspected and certified in accordance wit.h rule 57, and in addition may require the flying machine to be inspected by a person authorized in this behalf by the Central Government or tested in flight, or to be so inspected and so t.ested, and the owner of the aircraft shall give all necessary facili- ties 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 en- gine of such flying machine shall be periodically overhauled 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 certified in accordance with the provisions of Section F of Schedule III by the appropriate person licensed under rule 61. 58. Modifications.-(1) If at any time the Central Government considers modifications to a flying machine, in respect of which a certif- icate of airworthiness is in force, to be necessary for safety, it may re- quire such modifications to be carried out as a condition of the certifi- cate of airworthiness rema.ining in force. Such modifications may be notified in a general notice to aircraft owners and aircraft maintenance e.ngineers 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 airworthi- ness 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 out by methods ap- proved 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 F of Schedule ITT. 59. Maintenance standards and accessories.-The Central Gov- ernment. may in respect of any aircraft or class of aircraft which is certified as airworthy under these rules and in respect of any tech- nical accessories or equipment used in connection with the operation of PAGENO="1002" 992 AIR LAWS AND TREATIES OF THE WORLD such aircraft, prescribe, conditions for the technical operation, main- tenance 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 itispected 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 passengers 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' flvmg and a period of more. than four days has not intervened, sinc.e it. was last. so inspected and certified: Provided further that no such flying machine shall commence any flight, if, since such inspection, it has suffered any damage or re- vea.led any defect which would render the. machine unsafe for flight and which could not, in accordance with ordinary aeronautical prac- tice, be remedied by the pilot or crew. (2) The certificate require.d by sub-rule (1) shall be. given in the form and manner specified in Section P 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, theex- tent 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 t.hat (b) the flying machine is safe for flight according to the cir- cumstances of the flight as laid down in Section P of Schedule III. 61. Licensing of Aircraft Maintenance Engineers.-(1) For the purpose of rules 51, 5S and 6) the Central Government may grant lice.nces to persons to act in the capacity of Aircraft Maintenance Eiigi- neers, and to sign in connection with the construction, repair, overhaul a.nd 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 of public trans- port a.ircraft. (iii) Certification in the log book of work done under ap- proved maintenance, schedules. (iv) Certification in the log book of repairs approved as minor repairs. (v) Certification in the log book of modifications approved as minor modifications. (vi) Certification in t.he log book of replacement of ap- proved components and parts. PAGENO="1003" AIR LAWS AND TREATIES OF THE WORLD 993 (b) Category B (applicable to aircraft, excluding engines) in respect of- (1) 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 pro- pellers, or electrical equipment shall have been previously certified by a firm approved for the purpose or by an aircraft maintenance engineer appropriately licensed. (ii) Certification in the log book of approved repairs. (iii) Certification in the log book of approved modifica- tions. (iv) Certification in the log book of the replacement of ap- proved 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. (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 air- worthiness is about. to be issued. (ii) Certification as to the safety for flight of engines in- cluding propellers fitted in public transport. aircraft. (iii) Certification in the log book of work done under ap- proved maintenance schedules. (iv) Certification in the log book of the embodiment of approve.d modifications and the replacement of approved components and parts, provided t.ha.t the work has not in- volved dismantling the engines other than to obta.in access to pistons, cylinders and valve-operating gear. (d) Category I) (applicable t.o engines only) in respect of- (i) Certification in the log book of engines after overhaul and test except that. the overhaul, repair or modification of magnetos and other ignition equipment shall have been pre- viously certified by a firm a.pprove.d 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 modifica- t.ions. (iv) Certification in the log book of replacement of ap- proved components and parts. (v) Certification of the construction of components and parts and the materials used t.herefor, unless it is st.ated in the license that this duty is excluded. (e) Category X in respect of- (i) Certification in the log book of the installation and components and parts. (ii) Certification of overhauls, repairs, modifications or replacements and tests thereof of aircraft engine ignition apparatus. (iii) Certification in the log book of the overhaul, repair, modification, tests, a.nd installation of variable pitch pro- pellers and of replacements thereto. PAGENO="1004" 994 AIR LAWS AND TREATIES OF THE WORLD (iv) Certification of the overhaul, repair, modification, test, and installation of aircraft and engine instruments, and of replacements thereto. (v) Ce.rtiflcatioii of the overhaul, repair, modification, test, and installation of electrical equipment and of replace- ments thereto. (vi) Certification of the overhaul, repair. modification, test., and installation of automatic pilots and of replace- ments thereto. (3) An applicant for an aircraft maintenance engineer's license shall not be less than 2~ years of age.. (4) An applicant shall possess experience appropriate to the cate- gory of the licence or extension of the licence required, as laid down in Section `F' of Schedule IlL This experience shall include experi- ence of having ~vorked at. least for three months on the type of aircraft or engine or accessory for which he has applied for the grant. or extension of his licence during the period of twelve months preceding the date of his application. The applicant shall prove to the satisfaction of the Director General that lie has acquired the prescribed experience: Provided that. no such experience shall be necessary in the case of an applicant who proves to the satisfaction of the Director General that within the twelve months preceding the date of his application he lia.s satisfactorily completed au approved course of training notified in this behalf by the Director General in th~ Official Gazette. (5) An applicant for the grant. or the extension of an aircraft maintenance engineers licence shall be required to undergo tests which may consist. of- (a) Written Examination, (b) Oral Examination, and (c) Practical tests as appropriate. (6) An 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 t.o the applicant by the Director General. (1) Licences shall remain valid, unless cancelled or suspended, for the period specified therein, subject. t.o a maximum period of twelve months in each case, and may thereafter be renewed by the Central Government for a similar period on application provided that during the twenty-four months preceding the date of application for the renewal of the licence, the holder has been engaged for periods totalling at least six months on aeronautical engineering duties, either in practical maintenance or repair or overhaul or in a supervisory capacity or as a. member of the operating crew of aircraft, failing which the applicant shall be. required to undergo some or all of the tests laid down in sub-rule (5). (8) An Aircraft Maintenance Engineer licensed in a particular ca.t.egory 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-e.ngine.s, instruments, accessories or equipment which the licensee is competent t.o deal with, and may contain rest.ric- PAGENO="1005" AIR LAWS AND TREATIES OF THE WORLD 995 tions limiting his competence to deal with any particular class of work, and the Central Government may 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 respect 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 time, functions of an aircraft maintenance engineer. (11) The Central Goverument~ may withhold the grant or renewal 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- tenance engineer's licence and duplicate certificates and licences, and the inspection, tests and examinations, required by this Part. Certificates of Airworthiness AERODYNES (ci) Issue or renewal of certificate, including such inspections as may be re- quired by the Central Government: R~. Maximum permissible weight of 2,500 lbs. or less 75 Maximum periiii~uble weight over 2.500 lbs. but not more than 5,000 lbs__ 150 Maximum verinissible weight over 5,000 lbs. but not more than 10,000 lbs_ 200 Maximum permissible weight over 10.000 lbs. but not more than 20.000 lbs_. 300 Naximuin permissible weight over 20.000 lbs. but not more than 50,000 lbs__ 600 Maximum permissible weight over 50,000 lbs 1,000 (b) Issue of certificate without inspection (Rule 50) 25 (c) Issue of duplicate certificate 10 Aircraft Maintenance Engineer's Licence For the licence- Issue, renewal or issue of duplicate licence 10 For eacb separate technical examination- When required, before issue, renewal or extension- (i) One Category 2~ (ii) Two Categories 35 (iii) Each Additional Category 15 (iv) Additions of types of aircraft, engines, instruments, acces- sories, or equipment to those already endorsed on the licence for each category 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 accoiiipanied 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 certificate is not issued, renewed or extended, the Central Government may re- fund 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="1006" 996 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 Governnient capable of sending and receiving communications by radio-telegraphy or radio-telephony, and installed, bonded and screened ~fl a manner approved by the Central Government. 64. Suspension of rules.-The application of the rules in t.his Part may be suspended when owing to the lack of radio-telegraph organi- zations available for air traffic in a particular region the employment of radio-telegraph apparatus on board aircraft would serve no useful purpose. Part VII.-Air-route Beacons, Aerodrome Lights and False Lights 65. Air-route beacons and aerodrome Iights.-(1) No air-route beacon or aerodroine light shall be established or maintained within India nor shall the character of the light exhibited therefrom be altered. except with the approval in writing of the Central Govern- ment, and subject to such conditions as it may prescribe. (2) No person shall willfully or negligently injure or interfere with any air-route beacon or aerodrorne light., established or maintained with the approvai of the Ceiitral Governineiit, or ally light exhibited ~ herefroin. 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 a.ir-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 t.he safety of aircraft arriv- ing at or departing from tile aerodrorne, the Central Government may serve a notice upon the owner or person in possession of t.he place where the light is exhibited or upon the person having charge of the light, directing that owner or person, 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 tile light to which the notice relates. (3) An owner or person on whom a notice under sub-rule (1) has been served shall, in tile absence of reasonable cause, the burden of proving which shall be upon him, comply with the directions contained lfl tile notice.. (4) If any owner or person on whom a. notice under this rule is served. neglects for a period of seven d~iys to extin~uisli or effectually to screen tile light mentioned in the notice, the Central Government PAGENO="1007" AIR LAWS AND TREATIES OF THE WORLD 997 may enter upon the p1~'~ where the light is and forthwith extinguish the same., doing fl() unnecessary damage. 67. (As amended by Indian Aircraft (Amendment) Rules, 1961) Log Books.-(1) The following log books shall be. kept in respect of aircraft. registered in India, namely- (a) a journey log book; (b) an aircraft log book; (c) for an aircraft, fitted with an engine, an engine log book and if fitted with more. than one engine, a separate log book for each engine; (ci) for an aircraft fitted with a variable pitch propeller, a variable pitch propeller log book and if fitted with more than one such propeller a separate log book for each propeller; (e) for an aircraft. for which carriage of radio apparatus is prescribed by these rules, a radio apparatus log 1)00k. (2) The journey log book shall be issued by the Director General. Other log books shall be in such form as may be prescribed or ap- proved by the Director General. (3) Entries in the Journey log book in respect of each journey shall be currently made by the crew and the pilot-in-command of the air- craft. shall ensure that such entries are macic in accordance with the requirements of this rule. (4) Entries in the aircraft, engine and variable pitch propeller log books (other than the entries made by the constructor tlieieof) shall be made and signed by an appropriately licensed Aircraft Mainte- nance Engineer or an inspector approved by the Director General except that in the case of a private aircraft, the entries may be made by the owner or the pilot of the aircraft. (5) Entries in the Radio apparatus log book shall be made and signed by a licensed radio maintenance engineer or by a person ap- proved by the Director General. (6) Entries in the aircraft, engine, variable pitch propeller and radio apparatus log books shall be made within 48 hours of the return of the aircraft. to its normal base, or when the aircraft is already at its base, within 48 hours of the completion of the work. (7) Entries in any log book shall be made in a form and manner as may be prescribed by the Director General. All entries and signa- tures in the log books shall be made in ink or indelible pencil. (8) (a) The aircraft log books shal be preserved until such time as the aircraft is permanently withdrawn from use and its Certificate of Registration is cancelled by the Director General: Provided that in the case of an aircraft meeting with an accident. resulting in damage beyond economical repairs the aircraft. log book shall be preserved for a period of two years after the. date of the accident. (b) The engine and propeller log books shall be pieserved for a period of one year after the engine and propeller are permanently withdrawn from use. (c) Other log books shall be pre.served for two years from the date of the last. entry therein. (9) Where log books in respect of a.ircraft, engines or variable pitch propellers or radio apparatus are not kept in the manner and form prescribed in this rule, the aircraft shall be deemed as not being PAGENO="1008" 998 AIR LAWS AND TREATIES OF THE WORLD maintained in an airworthy condition for the purpose of rule 15 of these rules. (10) 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 omission from any log book. Explc~natwn.-For the purpose of this rule, the "Constnictor" is a person or a firm which carries out any construction, overhaul, repair, modification or replacement. Part X.-Investigation of Accidents 68. Notification of accidents.-(1) An accident in which an air- craft ~s iilvolve(l shall be notified in accordance with the provisionS of sui i-rules (1, (4) and S ) of this rule if between the time any person boa.i'L i he a~ i(ec±t with the in~eilt iou of flight uiitil such time as all such pe1~~ in~ I ia ye. (liseml ci ike i- c ) any per~on itYers deat ii or serious injury as a result of eliur in 01 ii~ cli the. aircraft or by direct contact with the aircraft 01 ~t ILii~ ~tta(llC I herein, or Ii'~ a rcrc f~ lee ives siib~t antial damage. (2) T1~e nici ~ ~cl 1 u!laLrc" u:ed iii ~-ub-rule (1) shall in- clude a iv dcii c~ wI~ 1 Delessli ates the replaccment or extensive re- pair of ;iiiv nIaJIr cslIipollellt. ~i ) Where an cc cleat o~curs wh~chi has to be notified under sub-rule (1) , t lie pcrson in (olliniand of the. aircraft or, if he be killed or iii- cal)acIt ated, the mi'iier, tile operator, the hirer or other person on whose behalf he. was in commaiid of the. aircraft, as the case may be, shah- a) send no~ lIe thereof to the Director-General, and I;) give in foiniat ion to tiie I )istrict Magistrate and the Officer- in-charge of the nearest Police Station. (4) Tiia notice and in !crn~at ion shall be sent as soon as possible and by the 1iiickest iuean~ available and in any case within 24 hours after the ccc~ii~el1ce of the accident. 5) The uo~ cc to the Director-Geiieral shall contain the following information namely- (i) the type, nationality anti registration marks of aircraft; (iii the iianie of the. owner, operator and hirer of the aircraft; iii) the name of the pelson 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) tile last point of departure and the next point of intended lauding of the. aircraft (ix) the nat lii'e ~if the accident (xi the number and (le~cription of the persons killed and in- jured as a result of the accident; and (xii the extent of known damage to the aircraft. 69. Report on accidents.-The person in command or the owner of the aircraft which has been involved in an accident, whether or not it. is icluired to be notifled under rule OS (1), shall, if so required by the PAGENO="1009" AIR LAWS AND TREATIES OF THE WORLD 999 Director-General, submit to him a written report on such accident in such form as he IT1RY prescribe. 70. Removal and preservation of damaged aircraft.-(1) In the case of an accident which requires to be notified under rule 68 or 69, or ill 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 interfered with: Provided that., subject t.o compliance with the provisions of rule 61 of the India Aircraft Rules, 19~O, in so far as they may be applicable- (1) 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 ma 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 from 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 Civil Aviittion Department; and (v) mails may be removed under the supervision of an Officer of the. Police. I)epartment, a Magistrate. an Officer of the Civil Aviation Department or an Officer of the Posts & Telegraphs Department.. (2) Tile Director-General may, for the purposes of any investiga- t.ion or inquiry under these rules, authorize any person to take measures for tile preservation of any aircraft. involve(l 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 I)irector-General shall not~ be. bound to postpone any actjon which lie may cOflsi(ler necessary under this rule by reason of the absence of the owner or Ins representative. 71. Inspector's investigation.-(1) The Director-General may order tile investigation of any accident involvin~ an aircraft, whether such accident is required to be notified under rule (i~ or not, and may by general or special order, appoint any person (hereinafter 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. (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 ap- pears to the Inspector of Accidents to be practicable so to do that 39-7:~7--f35----voI. l-64 PAGENO="1010" 1000 AIR LAWS AND TREATIES OF THE WORLD 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 statement or giving any evidence and producing witnesses on his behalf and examining any witnesses from whose evi- dence it appears that l)lame may be attributed to him. (4) A public notice that such investigation is taking place may be given by the l)irector-General in such manner a.s 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 ma do so in writing within the time specified in the notice. (~) The Inspector of Accidents shall take. 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 accident, 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. (G) The Director-General shall forward the. report of the Inspector of Acci(lents to the Central Government. with such comments as the Director-General may think fit to make. and the Central Government may. a.t its discretion, make. the whole or part of any such report public in such manner as it may consider fit. 72. Power of Inspector of Accidents.-For the purpose of such investigation an Inspector of ~ccidents 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, a.nd to retain any such books, papers, documents and articles until completion of the investigation; and (d) to have access t.o 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.-W hen a person other than a.n officer of Gov- ernment. is appointed an Inspector of Accidents he may be granted such fee and expenses as may be determined by the Central Government. 74. Committee of Inquiry.-(1) The Central Government may, at it.s 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 T2. (2) The Committee of Inquiry may at. its discretion hold the in- quiry in pul3hic or in 1)rivate. (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 per- son. shall be given notice that blame may be attributed to him and thereupon he may be given a reasonable opportunity of being present PAGENO="1011" AIR LAWS AND TREATIES OF THE WORLD 1001 and making any statement or giving any evidence and producing witnesses on his behalf and exaiiiiniiig any witness from whose evi- dence it appears that blame may be attributed to him. (4) A public notice that ai~ inquiry is taking place may be given by the Central Government in sucii manner as it may think fit and every such notice shall state that any person who may desire to make representations concerning the cir~unisIances or causes of the acci- dent 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 accident, 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 Governmeiit may cause the whole or part 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 ap- pointed as a member of the Committee of Inquiry he may be granted such fee and expenses as may be determined by the Central Govern- men t. (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 Governmeiit may from time to time determine. 75. Formal Investigation.-Where it appears to the Central Government that it is expedient t.o 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 investi- gation 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, aeronautical, engineering, or other special knowledge to act. as assessors, it may also direct that the Court and the assessors shall receive such remuner- ation as it may determine. (2) The Court. shall hold the investigation in open court in suc.h manner and under such conditions as the Court may think most effec- tual for ascertaining 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 investigation, all the powers of a Civil Court under the Court Code of Civil Proce- dure, PJOS, and without. prejudice to those po~vers the Court. may- (a) enter and inspect., or aut.horise any person to enter and inspect any place or building, the entry or inSl)ectiOll whereof appears to the Court requisite for the purposes of the investiga- tion : and (h) enforce. the attendance of witnesses and compel the pro- duction of documents and material objects: and every person re- quired by the Court. to furnish any information shall be deemed to be legally boimd to do so within the meaning of section 176 pf the Indian Penal Code.. PAGENO="1012" 1002 AIR LAWS AND TREATIES OF THE WORLD (ii) The assessors shall have the same po~veis of entry and rn- spection 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 epporttuiity of being present and of making any state- ment 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. ma consider reasonable Provided that., in the case of the owne.r or hirer of any aircraft concerned in the accident and of ally person in his employment or of any other person concerned iii the accident., any such expenses may be dlisallowe(I if the Court. in its discretion, so directs. 0) The Court. shall make. a report to the Central Government stat- ing its findings as to t lie causes of the accideiit and the circumstances thereof and adding any observations and recommendations which the Court thinks fit to niake wit ii a view to tile pi~ese1~ation of life and avoi(lance of milar ccc j(leUts ill future, including, a recnmnlen(lation for the cancellation, suspension or endorsement of any licence or c.er- t ificcte issued under hese rules. T) Tue asses~ois ( if any) shall either sign the report. with or without u.'cse r~at ion~. or state in writing their dissent therefrom and their reasons for such (.hissent, and such reservations 01 dissent aiid reasons (if any ) shall l.e forwarded to the Central Government with the report. The Central Government may cause any such re- port and reservatjons or dissent and reasons (if any) to be made Pul)i ic. wholly 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 uneniber of the Committee of Inquiry or an Inspect or of Accidents or an assessor or any person acting in the ex- erci-~e ot any powei~ or (luties under the rules in this Part. ~ ) No person shall without reasonable excuse (the bur(len of proviunr which shall lie on him) fail to comply with any ~uminons or requisition of a Court or a Committee of Inquiry or an Inspector of Accidents holding an investigation or all I1i(Iuily under the rules iii 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 all aircraft registered iii a country other than Iiidia. an accredited representa- tive of tile country in which the aircraft. is registered, and of any other country which has on request furnished information in con- nect ~on with the accident, may participate in the investigation, inquiry or lormal investigation as the case may be; he may i)e accompanied by such technical or other advisers as may be. considered necessary by thc authorities of the country by whicii he is appointed. 77-A. Saving.-Nothing in this Part shall limit the power of the Central Government. with regard to the cancellation, suspension or endorsement. of any license or certificate iSSUe(l under these rules. Part XI.-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, PAGENO="1013" AIR LAWS AND TREATIES OF THE WORLD 1003 and subject to such conditions as the Central Government may deter- mine. 79. Places other than Government aerodromes.-A place in India other than a Government aerodrome shall not be used as a regular place of landing and departure. by a scheduled air transport service or for a series of landings and departures by any aircraft 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 to such conditions as he. may deem fit to impose, for the purpose of giving jo-rides for hire or reward. 80. Licensed aerodromes.-Xn aerodrorne shall be licensed by the Central Government. in one of the following categories, namely- (a) for public use; (h) for private, use: that is to say, for use by the licensee and by individuals specifically authorized by the licensee. 81. Public aerodromes. (As amended by India Aircraft (Amend- ment.) Rule, 1962) .-Every aerodrome 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 con- ditions, be open to use by aircraft possessing the nationaht.y of a con- tracting State. Every such aerodrome shall, at all reasonable times, be open to use~ by any aircraft. in the service of the Central Govern- men t.. 82. Tariff charges.-(1) At. every a.erodrome referred to in rule 81 there shall be exhibited in a conspicuous place a single tariff of charges, including charges for landing and length of stay, and such tariff shall be applieab]e alike to all aircraft. whether registered in India or in any other contracting State. (2) In the case of Government aerodromes, the charges mentioned in sub-rule (1) shall not exceed those specified in, and shall he leviable in accordance with the provisions contained in Section B of Schedule V `to these Rules. (2a) Nothing in sub-rule (2) shall apply to the payment of any charge in respect. of any space in or outside a hangai.' 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 pupose approved by the Director-General and where any such space is leased out, it shall he subject to payment of such charges as may he determine.d by the Central Government and also subject to such terms and conditions of the lease as may be agreed upon between the Central Government and such person. (3) In the case of licensed public aerodomes other than Govern- ment ae.rodomes, the charges mentioned in sub-rule (1) shall, if they exceed the rates specified in Section B of Schedule V to these rules, require the approval of the Central Government. 83. (As amended by Indian Aircraft. (Amendment.) Rules, 1962) Qualifications of licensee.-A licence for an aerodrome shall not be granted to any person or corporation other than- (a) a citizen of India, or (b) a company or a corporation registered and having its prin- cipal place of business in India. PAGENO="1014" 1004 AIR LAWS AND TREATIES OF THE WORLD 84. Period of validity of licence.-An aerodrome licence may be graiite.d for any period not exceeding twelve months, and on each occasion of renewal may be renewed for any period not e.xceedmg twelve months. 85. Classification of aerodromes.-An aerodrome may be licensed for all types of aircraft or for certain specified types or classes of air- craft and the license may specify the conditions on which the aero- droine may be. used. 86. Conditions governing the grant of licence.-(l) A licence shall not be graflte(l in respect, of any place which does not satisfy the requirements specified in Part A of Schedule V. (2) While. a. license is in force no alterations to the landing area or to the. buildings or other structures on the. aerodrorne 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 l)iffllS 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 satisfact.ion of the Cen- tral 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. 87. Fees.-The fees chargeable for the grant or renewal of a licence for an aerodrome shall be- Rs. (1) When the licente is granted 01 rei~wed for a Period not exceeding three months - 15 (2) When the licence is granted or renewed for a period exceeding three months but not exceeding SiX 1liOllthS 20 (3) When the licence is granted or renewed for a period exceeding six months but I1ot exceeding 12 months 3G Provided that if, in the opinion of the Central Government, it is necessary or expedient before. the grant or renewal of t.he licence, for 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 chargeable for the in- spection and the apphicamit shiail aL-o be required to pay the travel- ling expenses of the inspecting officer. Part XII.-(Rules 88 to 133). Deleted. Part XII-A.-Regulatory Provisions. 133A. The Director-General may, through Notices to Airmen, Aeronautical Information Publications, Information Circulars, and PAGENO="1015" AIR LAWS AND TREATIES OF THE WORLD 1005 Notices to Aircraft Owners aiicl Maintenance Engineers, issue special directions not inconsistent with the Indiaii Aircraft Act., 1~)34 or these rules, relating to the operation, use, possession, maintenance or navi- gation of aircraft flying in or over India or of aircraft registered in India. Part XIII.-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. under- taking of which the principal place of business is in any country outside Iiidia 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 t.he Government of India and the Government of that country, or, where. there is no such agreement, of a. temporary aut.horisation by the Government of India.. (3) No air transport. service, other than a Scheduled air transport 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, 13513, 135C, 135E, 13SF, 136. 137. 1~8, 139 and 139A shall be. omitted. 140. Minimum requirements to be complied with.-Any Sched- uled air transport service operated by the Corporat.ion shall comply with the safe.ty requirements with respect to air routes, aircraft 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 routes of such services, or intro- clueing 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 t.o affect, the air route or a.erodrome facilities, and give at. least. three days' previous notice to the Director-General before the date proposed for the opera- tion of the new route. or for the substantial alteration of an existing route or for the introduction of a new time-table or, as the case. may be, for the discontinuance 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 personnel pertaining t.o the conduct of flight opera.tions, (b) the flight crew for each st.a.ge of all routes to be flown in- cluding the designation of the succession of command, (c) in-flight procedure, (d) emergency flight procedure, PAGENO="1016" 1006 AIR LAWS AND TREATIES OF THE WORLD (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, q) a list of the navigational equipments to be carried. (3) A copy of the Operations Manual, or such part of the Manual as may be prescribed by the I )irec.tor-General, shall be carried in all aircraft of the Corporation engaged in Scheduled air transport services. 140C. Route Guides.-All aircraft of the Corporat.ion engaged in Sclìedulecl air transort 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 aero- droines, available on the route to be flown, (h) instrument let down' 1)roce(Tu~e for aerodromes on the route or, those likely to be used as ~alteruates'. (c) meteorOlOgi(-al minima for each of the aerodromes on the route to be flowii and that are likely to be used as regular or alternate aerodiomes. and (J) specific instructions for computation of the quantities of fuel and oil to be carried on each route, having regard to all cir- cumstances of the operation. including the possibility of the fail-. ui-c of one or more engines of the aircraft. Rules 141. l4~. 143, 144, 145, 14G, 141. l4~X, 148, 148A, 148B, 149, 150, 151 and l5~ shall be omitted. 153. Carriage of mails.-The Corporation shall cause to be carried by its Scheduled air transport. services such mails as ma from time to time be required to be carried from one place to another by the Director-General, Po~ts and Telegraphs, or any person authorised by Ii un in this behalf. Rules 1~4 and 155 shall be omitted. Schedules VII and IX shall be omitted. Part XIV.-General 156. Inspection.-Anv person authorized by the Central Govern-. ment 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 w-hich aircraft. orparts of aircraft or aero- engines or parts of aero-engines are being manufactured, over- hauled, repaired or assenThled 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 machine which is required by these rules to be. certified as airworthy or in respect of which a certificate of airworthiness is in force; (ci) enter, inspect and search any aircraft for the purpose of securing compliance with any of these rules. PAGENO="1017" AIR LAWS AND TREATIES OF THE WORLD 1007 157. Forgery, etc., of documents.-Xo 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- ta.rily 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 down in Schedule VI to these rules. It shall be a defence to any proceedings for contravention of or failure to comply with these rn1es 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 proceediiigs under these rules against the owner, hirer, operator, pilot or commander of an aircraft that the alleged contravention took place without his actual fault of privity. [Schedules omitted.] PAGENO="1018" PAGENO="1019" CHAPTER III. THE INDIAN AIRCRAFT RULES, 1920 (PART IX). TABLE OF CONTENTS PART IX.-RULES GOVERNING THE ARRIVAL AND DEPARTURE OF Ainci~vr. Rule 53 Customs aerodromes and Customs Officers. Rule 54 Arrival and departure. Rale 55 Import and export of goods. Rule 56 Procedure and arrival in India. Rule 57 Delivery of log book, manifest and declaration of goods and stores car- ried in aircraft. Rule 58 Unloading of goods on import. Rule 59 Procedure on export. Rule 60 Prohibition of signals in certain cases. Rule 61 Forced landings. Rule 62 Examination of aircraft. Rule 63 Provisions of Act VIII 1878 to be deemed to apply to import and export. Rule 64 Extent of the application. CHAPTER III Part IX.-Rules as to Aircraft Arriving in or Departing from India. 53. Customs aerodromes and Customs Officers.-The Central Government may for the purposes of this Part- (a) by notification in the Official Gazette declare any aero- drome in India to be a customs aerodrome, and (b) appoint persons to be Chief Customs officers and Customs collectors, and define the areas within which each such person shall exercise the powers and perform the duties conferred and imposed upon him hereunder. 54. Arrival and departure.-( 1) No person in charge of an aircraft entering India shall cause it to be landed in India for the first time in any journey except at a customs aerodrome, unless the aircraft is compelled to land before arriving at a customs aerodrome by accident, stress of weather or other unavoidable cause. (2) No person in charge of an aircraft shall fly the same or allow it to be flown to a place outside India save from a customs aerodrome unless compelled to land after departure from customs aerodrome by accident, stress of weather or other unavoidable cause. 55. Import and export of goods.-(1) No person in any aircraft entering or departing from India shall carry or allow to be carried in the aircraft any goods of which the import. or export by sea or by land is prohibited by or under any law for the time being in force. (2) No person in any aircraft entering India shall break or alter any seal placed upon any part of the aircraft or upon any goods therein by an officer of customs at the aerodrome at which such aircraft departed for India. 1009 PAGENO="1020" 1010 AIR LAWS AND TREATiES OF THE WORLD 56. Procedure on arrival in India.-(1) The person in charge of any aircraft arriving at a customs aerodrome from a place outside India, shall, on landing forthwith cause the aircraft to be taken to the examination station at that aerodrome or, if, owing to circum- stances over which he has no control, he is unable so to do, shall deliver the documents required by sub-rule (2), and thereafter re- move all goods carried in the aircraft to the examination station in the presence of a Customs-collector or some person duly authorized by the Customs-collector in that behalf. (2) Within twenty-four hours after the landing at any customs aerodrome of an aircraft from a place outside India, the person rn charge thereof shall- (a.) deliver to the Customs-Collector his journey log book and a manifest, list of passengers and their baggage and declaration of the goods and stores on board the aircraft signed by the proper officer of customs at the aerodrome from which he departed for India.: and (b) land at such ae.rodrome for examination all passengers and their baggage carried in such aircraft., a.nd produce, and, if required to do so, unload all goods in such aircraft for exam- ination. 57. The person in charge of an aircra.ft proceeding to any place outside India shall deliver to the Customs-Collector at the customs aerodrome of departure his journey log book, and, if the aircraft carries any goods, a manifest. and declaration in duplicate in such form as may be approved by the Chie.f Customs Officer declaring the goods and store.s on such aircraft, and shall truly state therein the particulars required by s~cli form. The journey log book and, if the aircraft carries any goods. one copy of the manifest and declaration will be signed by the Customs-Collector and returned to the person in charge of the aircraft and such documents when so signed and returned shall constitute the necessary authority for the aircraft to proceed to its destination. 58. Unloading of goods on import.-(1) No person importing goods shall land the goods at any place in India other tha.n a customs aerodrome, or shall, save as provided in sub-rule (1) of rule 56, unload the goods from any aircraft except at an examination station, or shall unload the goods except between suc.h hours as the Chief Customs Authority by general or special orde.r directs, or shall remove the goods from an examination stat.ion unless the same have first been duly e.ntered in the manner provided in this rule and produced t~ the Customs-Collector and duly passed by him. (2) No person shall remove from any aircraft any goods imported t.here.in until t.he authority of t.he Customs-Collector has been obtained. (3) Any person importing goods. shall deliver to the Customs- Collector at the customs aerodrome of importation a Bill of Entry of such goods in the manne.r provided in Section 29 of the Sea Customs Act.. 18Th (VIII of 1878), and shall truly furnish therein the several particulars required in a bill of entry unde.r that section, and shall pay to such Collector duties thereon as if such goods were charge- able to duties under that Act.. PAGENO="1021" AIR LAWS AND TREATIES OF THE WORLD 1011 (4) AU goods imported into a. customs aerodrome shall be duly entered and unloaded withiii seven days from the time of the arrival of such aircraft at' that aerodrome or within such `further period as the Customs-Collector or Chief Customs Officer may allow. (5) All goods imported which have not been examined and passed by the Customs-Collector shall be stored in a transit shed at the customs aerodrome, and no person shall remove such goods from the transit shed before they have been examined and passed by such Collector. For the purpose of this rule, the word "goods" shall be deemed to include aircraft imported by flight in so far as the provisions of the rule are applicable thereto. (6) (a) No customs duty shall be levied on an aircraft not registered in India which is brought. into India for the purpose of a flight to or across India, which it is not intended to register in India and which it is intended to remove from India within six months from the date of entry, provided that the person in charge makes a written declaration to that effect to the Customs-Collector on arrival. (b) In the ease of an aircraft in respect of which such a declara- tion has been made and which is not removed from India within six months the duty leviable in respect of it. shall be paid to the Customs Collector before the aircraft is again flown. (7) A full refund of the customs duty, if any, paid on the import of an aircraft. by air into India shall be granted if the same is exported by air within six months of the date of its arrival: Provided- (a) that. the claim for such refund is made at. the time of export from a customs aerodrome; (h) that. the identity of the aircraft is established to the satis- faction of the Customs-Collector; and (c) that. payment is demanded within six months from the date of export. 59. Procedure on export.-(1) The e.Xl)Orter of any goods shall deliver to the Customs-Collector at the customs aerodrome of depar- ture a shipping bill in the manner provided in Section 29 of the Sea Customs Act., I 878 (`VIII of 1878) , and shall truly furnish thereiii the several particulars required in a. shipping bill under that section, and shall pay to such Collector duties thereon as if such goods were chargeable to duties under that Act, and such bill when signed by the Customs-Collector shall be the clearance, and authority for the exportation of such goods. (2) No person shall without the. consent. of the Customs-Collector unload from any aircraft any goods loaded thereon for export. which have been cleared under sub-rule (1) , or open, alter, or break any lock, mark or seal placed by any Customs-Collector on any goods in any aircraft about. to depart from India. 60. Prohibition of signals in certain cases.-No person shall, for the purpose of evading, or assisting the evasion of, the provisions of this Part make any signal from an aircraft entering or leaving India. 61. Forced landings.-If any aircraft arriving from a place out- side India is forced to land at any pla.ce in India other than a customs .aerodrome, or if any aircraft is so forced to land after departure from PAGENO="1022" 1012 AIR LAWS AND TREATIES OF THE WORLD a customs aerodrorne for a. foreign destination, the procedures here- inafter specified shall be a(lOpte(l. (~) (a.) If the place of landing is a. Government. aerodrome the person in charge of the aircraft. shall forthwith report the arrival of the aircraft and the place whence it. came to the Aerodrome Officer in charge of the aerocirome and shall not allow any goods to be un- loaded therefrom or any Passenger or member of the crew thereof to leave the aerodrome, without the consent of such Aerodrorne Officer or a Customs-Collector or a. Police Officer. (b) If the place of landing is not a Government aerodrome, the person in charge of the aircraft shall forthwith report to a. Customs- Collector or a Police Officer an(l shall on demand Produce t.o such Collector or Officer the Journey Log Book pertaining to the aircraft, and shall not. allow any goods to be. unloaded therefrom without. the consent. of such Customs-Collector or Police Officer, and no passenger or member of the crew thereof shall leave the immediate vicinity without the consent of such Collector or Officer. (c) If the locality is one in which no Customs-Collector or Police Officer is available, no passenger, or member of the. crew of the air- craft ~.`halI leave the immediate vicinity, nor shall any goods be un- loaded, without. the. consent of the person in charge of the. aircraft. The latter shall make in his Journey Log Book a full statement of the action taken, and shall forthwith report the occurrence t.o the Cus- toms-Collector and the Aerodrome Officer at the nearest customs aerodrome. 62. Examination.-(l) The person in charge of any aircraft shall permit. an Customs-Collector or other officer authorized in this be- half by the Customs-Collector at any time to board and examine the aircraft. and any goods laden thereon. ~) ~ importer or exporter of any goods shall produce such goods to the Customs-Collector at the customs ae.rodrome of importa- tion or exportation. as the case may be. and permit him to examine such goods. 63. Provisions of Act VIII of 1878 to be deemed to apply to import and export.-A1l persons importing or exporting or con- ce.rmiecl in importing or exporting goods or passengers into or from India. and all persons in charge of aircraft arriving in or departing from India, shall, so far as may be observed, comply with and be bound by the provisions of the Sea Customs Act, 18T8 (VIII of 18T8), as if any refe.rence in such provisions to ships or vessels and the masters or capt ains thereof and to the. loading and unloading of goods there- on or therefrom, included referemices to aircraft and the persons in chi;irge thereof, and to the loading or unloading of goods thereon or therefrom, and as if references in such provisions to a port of qua.y included references to a customs aerodrome or an examination station. 64. These rule.s extend to the whole of India. PAGENO="1023" CHAPTER IV. THE INDIAN AIRCRAFT (PUBLIC HEALTH) RULES, 1954. TABLE OF CONTENTS Part I-INTRODUCTORY. Definitions. Rules 1-2. I'art 1I.-AIRcp.Ai.-r ARIUvING. General Provisions. Rules 3-33. Part 111.-AIRCRAFT I)EPARTING. General. Rules 34-40. Part 1V.-SPECIAL PROVISIONS RELATING TO TIlE CARRIAGE OF DEAD BODIES AND CREMATED REMAINS. Rules 41-49. Part V.-MISCELLANEOUS. Rules 50-G9. Part VI.-OFFENCES ANI) PENALTIES. Rules 70-71. SCHEDULES I. Personal Declaration of Origin and Health (For passengers on aircraft). II. Health Part of the Aircraft Geiieral 1)eclaration to include information. III. lnternatioual Certificate of Vaccination or Revaccination against Yellow lever. IV. International Certificate of Vaccination or Revaccination against Cholera. V. I iiternational Certificate of Vaccination or Revaccination against Smallpox. VI. Procedure for Disinsectisation of aircraft. Notifications. CHAPTER IV. MINISTRY OF HEALTH. NOTIFICATION. New Delhi, the 17th October. 1955. S.R.O. 2218.-In exercise of the powers conferred by section 8A of the Indian Aircraft Act, 1934 (XXII of 1934), and in suppression of the "Indian Aircraft (Public Health) Rules, 1946" published with the notification of the Government of lndia in the Ministry of iIealtli No. F. 1-l-2/46--P.H. (II), dated the 30th September, 1946, the. Central Government hereby makes the following rules, the same having been pre\~io11s1y published as required by section 14 of the said Act, n a meh y: THE INDIAN AIRCRAFT (PUBLIC HEALTh) RULES. 1954. Part 1.-Introductory. 1. These Rules may be called the Indian Aircraft (Public Health) Rules, 1954. 2. In these Rules, unless there is anything repugnant in the subject or context.: (1) "airport" means an airport designated by the State in whose territory it is situated as an airport of entry or departure for interna- tional traffic 1013 PAGENO="1024" 1014 AIR LAWS A~D TREATIES OF THE WORLD L.~i'p7itiutf;oii.-Tn India an "Airport" corresponds to an aerodrome declared under rule .33 ot the Indian Aircraft Rules, 19~(), to be a customs aerodrome. ~) "arrival" means arrival at an airport; (3) `I)agga~e iiiecns the pe1~011al effects of a traveller or of a mein- her of the crew: (1-) "Comn 10 inTer nie:ins the. pilot in command or other person in charge of an aircraft: (5) "(re w" means the pei~ominel of all aircraft who are employed for (lutie~ on board (6) "day" means an interval of twenty-four hours: (7) "direct transit area" means a special area established in connec- tion with an airport, approved by the Health Officer concerned and under his direct supervision, for accommodating direct transit traffic and, ill particular, for accomnlno(latmg in segregation, passengers and crews breaking their voyage without leaving the airport (8) "Health Officer" means in respect of an airport in India any person appomte(l i~v tile Central Government to be the Health Officer of the airport. and includes an Additional. Deputy or Assistant Health Officer apopinted by the Central Government to perform the functions of a Health Officer: (S-A) "Infected aircraft" means an aircraft which under rule 9(1), 16, ~0 (1) . ~4. or 30(1) is regarded as an aircraft infected with an in- fect ious disease; (9) "Infected area" in relation to a quarantinabie or other infectious (lisease means any a mea out side I iidj~i, declared by tile Central Govern- ment, by notification in the official Gazette, to be infected with such a disease (10) "infected person" means a perso~~ who is suffering from a quarantinable or other infections disease, or who is believed to be infected with such a disease (11) "infectious disease" means in addition to quarantinable dis- eases, a disease, declared by the Central Government by notification in the official Gazette to be an infectious disease; (1~) "International voyage" means~ (a) in the case of an aircraft, a voyage between airports in the territories of more than one State or a voyage between airports in the territory or territories of the Same State if tile aircraft has relations with the territory of any other State on its voyage but only as regards those relations; tb't in the case of a person. a voyage involving entry into tile territory of a State other than the territory of the State in which that person commences his voyage (13) "Isolation", when applied to a person or group of persons, means the separation of that person or group of persons from other persons, except the health staff on duty, in such a manner as to prevent time sulead of infection (13-A) "mainland" means time territory of India excluding the Andaman and Nicobar Islands; (14) "medical examination includes visit to and inspection of an aircraft and the l)l'elimIminal'Y examinatioll of persons on board; PAGENO="1025" AIR LAWS AND TREATIES OF THE WORLD 1015 (15) `period of incubation means (a) in respect of a quarantinable disease mentioned below, the period specified against, it: Yellow fever 6 days. Plague 6 days. Cholera 5 days. Smallpox 14 days. Typhus l4days. Relapsing fever 8 days. and, (U) in respect of other infectious diseases such period as may be declared by the Central Government by notification in the official Gazette to be. the period of incubation of that disease; (16) ~qiiarantinab1e diseases" means yellow fever, plague, cholera, smallpox, typhus and relapsing fever (17) `~relapsing fever" means louse-borne relapsing fever; (18) "suspect" means a person who is considered by the Health officer as having been exposed to infection by a quarantinable or an infectious disease and is considered capable. of spreading that disease; (18-A) "suspected aircraft." means an aircraft. which under rule 9 (2), 20(2) or :~i0(2) is regarded as an aircraft suspected of infection from an infectious disease (19) "typhus" means louse-borne t'vplms (20) "valid certificate", when applied to vaccination, means a cer- tificate conforming with the. requirenn'nts nd the, model laid down in Scliedulc~ III, IV and V to these Ilules. in the case of certificates of vaccination against cholera and smallpox issued in India, the approved stamp to be affixed thereon shall be such as has been approved by t.he Central Government. and the. stamp shall be. ~lthXe(l oii the certificates by only those pe~'~Th~ who are authorised, either U designation or by name, for this purpose by the Central Government. In the case of certificates of vaccination against, ellow fever issued in India, the vaccination centres shall l)e approved by the Central Government. Part II.-Aircraft Arriving. General P1~ovision$. 3. (1) The Commander of an aircraft, which is on its way to India from any place outside India, shall send to the. officer in charge of the airport, where. he l)I'ol)0seS to l~uid in India, a l'iealth report stating- (a) whether any person on board the aircraft is suffering from any illness, and, if so, what its signs and symptoms are, giving, if possible, the name. of the illness, and (b) whether at any time during the voyage there has occurred on board any case, or suspected case, of a quarantinable or any other infectious (lisease, ~i~d if so what that case was. (2) The report referred to in sub-rule (I) shall be sent- (a) if the aircraft is not equipped with wireless, by means of a cablegram from the last place of landing before entering India, and (b) if the aircraft is equipped with wireless, by means of a wireless message, when it is not less than two hours out froni the airport in India, where it is proposed to land the aircraft. (3) The Health Officer of an airport. may, if authorised by the general or special orders of the Central Government, grant pratique. ;:-T:~T---55---vo1. 1-65 PAGENO="1026" 1016 AIR LAWS AND TREATIES OF THE WORLD by radio to an aircraft when, on the basis of information contained in the health report received from it prior to its arrival, he is of the opinion that its arrival will not result in the introduction or spread of a quarantinable or any other infectious disease. 4. The Central Government. may. by notification in the official Gazette, direct that aircraft shall, on entering India from any place outside India. land only at such airport or airports as may be specified in the notification. 5. (1) If for any reasons beyond the control of the Commander, an aircraft lands elsewhere than at an airport, or at an airport specified under rule 4, it shall proceed as Soon as possible. without discharging any ~)assenger. crew or cargo to an airport specified under rule 4 or, whe~e no such airport is specified, to a conveniently situated airport. (~) If it. is impracticable for the aircraft to comply with the pro- visions of sub-rule (1) , the (`onimander shall forthwith notify the I Iealth Officer of the. nearest airport and also the nearest Magistrate, Officer in charge. of a Police Station or Government medical officer, who shall take such measures to prevent, the spread of infection, in accordance with the provisions of these Rules, as he ma consider necessary or expedient. The Commander shall prevent any cargo being removed from, or any passenger or member of the crew leav- ing the vicinity of. the aircraft except to such extent as may be necessary to conform to. or to facilitate the measures taken under this sub-rule. The Commander may take such emergency measures as may be necessary for the health and safety of passengers and crew. On arrival at the airport referred to in sub-rule (1) the Commander shall report. the relevant, facts to the Health Officer of that. airport. 6. (1) The Commander of an aircraft coming from any place out- side India or his authorised agent shall- (a.) arrange for all persons on an international voyage on board to complete a Personal Declaration of Origin and Health in the form shown in Schedule I to these Rules: and b) c.oniplete an(l deliver to the Health Officer of the airport a copy of that part of the Aircraft General Declaration which contains the health information specified in Schedule II to these Rules. (2) The Health Officer shall have the. right, to demand if lie con- ~-i(lers it. necessary. and on such a demand having been made. it. shall be incunll)ent on the (Toiiima.nder or his authorised agent to produce the aircraft. 1011mev log book. The Commander or his authorised agent shall also su~)ply any further information required by the 1-lealth Officer as to health conditions on board during the voyage. 7. When an infected or suspected a.ircraft coming from a place out~ide India. or a. healthy aircraft. coming from a yellow fever in- fected area arrives at. an airport, the Health Officer may, until such time as the appropriate measures prescribed in the case of such air- (raft. have been taken. require that the passengers and crew of such aircraft shall not go l)e ond such limits within the airport as may be 51)ecifie(l by him. 8. The. I-iealth Officer of an airport may, whenever he considers it ceHl'ah)le. suhiect to medical examination, inspect any aircraft and a~s :~~ers and clew on its arrival at the airport. The further `.;ilmit:lrv ineasuies which may be applied to the aircraft shall be deter- PAGENO="1027" AIR LAWS AND TREATIES OF THE WORLD 1017 mined by the. conditions which existed on hoard during the voyage or which exist. at the time of the medical exaiiunat!oil, without preju- dice to the. measures which are perinhi ted b these Rules to be applied to the aircraft if it arrives from an infected area. ~pce;~I7 pioeo~;o1e~ I'e((~i~I// to (;?:`.~, i1,d/11]~7c ~ A. 1e7/o w Fe ce, 9. (1) An aircraft. shall be regarded as infected with yellow fever- i) if it has a case of yellow fever on board. or (ii) if there. has beeii on board a ease of yellow fever and, sub- sequent to the occurrence of that (.~Ne, all the measures specified in sub-rule (1) of rule 13 have not been taken to the. satisfaction of the health Officer before eiiiviii~ in India. (2) An aircraft sha1l be. regarded as suspected of yellow fever infection if it has started from or alighted in an airport ill a yellow fever infected area and has not, been disinsected immediately before the departure from that airport. ufl(ler the control of the Health authority of the airport or in another airport. subsequent. to such start- ing or alighting and has not obtained a certificate of disinsectisat.ion from such officer or body as may be approved from time to time by the Government. of India for this purpose stating that the aircraft r~fter leaving or alighting in the yellow fever infected area and before arriving in India has beer dis~ `sect e(l in ec.o~dance with the l)ro_ cedure prescribed in Schedule Vi to these Rules, or reeonmwnded by the World Health Orga.nisation, or if live mosquitoes are found on board. (3) Any ot.her aircraft shall be. rega.rded as healthy. 10. (1) Where an aircraft, having started from, or during the course of the voyage alighted in, a yellow fever infected area, is on its w-av to India, the report re.ferred t.o in sub-rule (1) of rule 3 shall also state- (a) the date of departure of the a.ircraft from the yellow fever infected area, and (b) whether the aircraft has been disinsected immediately be- fore or since leaving the yellow fever infected area and, if so, the place at which, a.nd the authority by which, it. was clisinsected. (2) WThere an aircraft has on board any persons coming from a yellow fever infected area., the report referred to in sub-rule (1) of rule 3 shall also state the number of such persons, the dates of their respective departure from such area, and the dates on which each of such persons has been vaccinated against yellow fever. 11. No person shall bring into India an aircraft which has started from, or alighted in, an airport. situated in a yellow- fever infected area unless it. has been disinsected immediately before departure. from that airport under the control of the health authority of that. airport in accordance with the procedures prescril)ed in Schedule VI to these. Rules. 12. Any aircraft which, having started from or alighted in an air- port situation in a yellow fever infected irea. attempts to enter ln(lia without. having been disinsected immediately before departure from that. airport under the control of the Health authority of the airport PAGENO="1028" 1018 AIR LAWS AND TREATIES OF THE WORLD in accordance with the procedure prescribed in Schedule ITT to these rules may be refused entry. 13. (1) On the arrival of an aircraft infected with yellow fever or suspected of yellow fever infection- (i) the aircraft and cargo shall be disinsected, (ii) all infected persons shall be disembarked and isolated for such period as the Health Officer may consider necessary, (iii) all persons on board shall be medically examined either before disembarkation or under such arrangements as may be made by the Health Officer to reduce to a minimum the risk of spread of infection, and (iv) any passenger or member of the crew who disembarks and is not in possession of a valid certificate of vaccination against yel- low fever shall be isolated until his certificate becomes valid, or umitil a period of not more than nine days reckoned from the date of last possible exposure to infection has elapsed, whichever oc- curs first: Prc)vided that persons on an international voyage proceeding to an airport in a yellow fever receptive area at which the means for securilig segregation provided for in Article 34 of the International Sanitary Regulations do not yet exist shall be disembarked by the ITealth Officer and isolated for the period specified in clause (iv). Yellow fever receptive area means an area in which yellow fever does not exist but where conditions would permit its development if introduced. (~l The aircraft shall cease to be regarded as infected or suspected when the measures required by the Health Officer in accordance with sub-rule (1) of this rule have been effectively carried out, and it shall thereupon be given free pratique. 14. (1) On the arrival of a healthy aircraft coming from a yellow fever infected area- (i) the aircraft and cargo may be disinsected Provided that, when the aircraft on its voyage over the yellow fever infected areas has landed only at a sanitary airport which is not. itself a yellow fever infected area, the aircraft may not be dis- insected unless a person, other than a person in possession of valid certificate of vaccination against yellow fever, from the surround- ing yellow fever infected areas has boarded the aircraft and the aircraft reached India within a period during which such a per- son is likely to spread yellow fever infection. (ii) all persons on board shall be medically examined either before disembarkation or under such arrangements as may be made by this Health Officer to reduce to a minimum the risk of spread of infection; and (iii) any passenger or member of the crew who has come in transit through any airl)Ort situated in a yellow fever infected area and who is unable to produce a valid certificate of vaccina- tion against yellow fever shall be isolated until his certificate be- comes valid, or until a period of not more than nine days reckoned from the date of the last possible exposure to infection has elapsed, whichever occurs first: Provided that, if the airport s1tuated in the yellow fever in- fected area is a sanitary airport equipped with a direct transit PAGENO="1029" AIR LAWS AND TREATIES OF THE WORLD 1019 area and if the Health Officer is satisfied with the passenger or member of the crew during the period of h~s entire, stay in the air- l)ort remained within the direct transit area, the 1-Tealth Officer may exempt such passenger or meml)er of the crew from isolation. (2) On the arrival of a healthy aircraft which, although not coming from a yellow fever infected area, has on board a person who has come from such an area and is unable to produce a valid certificate of vaccination against yellow fever the aircraft and cargo may he dis- bisected. (3)Any person who has come from a yellow fever infected area and is unable to produce a valid certificate of vaccination against yellow fever shall he isolated until his certificate becomes valid, or until a period of not more than nine days reckoned from the date of last possible exposure to infection has elapsed, whichever occurs first. A person who boards an aircraft in a sanitary airport, which itself is not a yellow fever infected area, shall he treated as a person who has come from a yellow fever infected area unless he is able to prove to the satisfaction of the Health Officer that he has not come from such an area. Explainition.-(1) Sanitary airport referred to in the proviso to clauses (i) and (iii) of sub-ru'~e (1) and in sub-rule. (3) means an air- port which is equipped in accordance with the provisions of paragraph 2 of Article 19 and paragraph 3 of Article 20 of the International Sanitary Regulations and which may be approved from time to time by the Central Government for this purpose. (2) A person shall be regarded as coming from a yellow feve.r infected area unless the Health Officei' is satisfied, by reference. to the Personal 1)echaration of Origin and Health, that. he has not been in such an area within nine days of arrival in India. 15. All isolation prescribed by sub-rule (1) of rule 13 and by sub- rules (1) and (3) of rule 14 shall be carried out in such manner as to preclude the access of mosquitoes to the persons under isolation. B. Plag~ie 16. (1) An aircraft shall be regarded as infected with plague- (i) if it. has a case of human plague on board, or (ii) if there has been a case of human plague on board and subsequent to the. occurrence of that. case all the measure~ pre- scribed in rule 17 have not been taken, or (iii) if a. plague infected rocleiit is found on board. (2) Even when coming from a plague infected area or having on board a person coming from such an area, an aircraft. shall be re- garded as healthy if. on medical examination, the Health Officer is satisfied that conditions specified in sub-rule (1) of this rule. do not exist. 17. (1) On the arrival of an aircraft, infected with plague- (i) the aircraft and all persons on hoard shall be medically ex- aminedi by the Health 0ffi'er; (ii) all infected pC1'SO1~~ on 1 ioard shall be. di seinbarked and isolated for such period as the Health Officer may consider nece.s- sai".' PAGENO="1030" 1020 AIR LAWS A~D T~ATTES OF TT-IE WORLD (iii) Suspects on board may be disinsected and, if necessary, placed under surveillance for a period of not more than six days reckoned from the date of arrival; (iv) the Health Officer may disinsect and, if necessary, disinfect- (a) any baggage of any infected person or suspect, and (b) any other article such as used bedding or linen, and any part of the aircraft, which is considered to be contain- mated; (v) if a rodent which has died of plague is found Oil board tile. aircraft. the aircraft shall be deratted, if necessary in quarantIne. (vi) any unloading shall be carried out under the control of the Health Officer, who will take all measures which Hi his opinion are necessary to prevent the infection of the staff engaged on this work and may. for that purpose, subject the staff to surveillance for a period not exceeding six days from the time they have ceased to work at the uiiloacling of the aircraft. (2) An aircraft shall c.ease to be regarded as infected when the measures required by the. Health Officer in accordance with sub-rule (1) of this rule have been effectively carried out. The aircraft shall thereupon be given free pratique. 18. A healthy aircraft shall be given free pratique but, if it has come. from a plague infected area, the Health Officer may place under surveillance any suspect, who disembarks, for a period of not more than six days reckoned from the date. on which the aircraft. left the plague nifected area. 19. In exceptional circumstances of an epidemiological nature, when the Health Officer suspects tile presence of rodents on board, he may derat the aircraft. C. Cholera 20. (1) An aircraft shall be regarded as infected with cholera if it has a case of cholera on board. (2) An aircraft shall be regarded as suspected of cholera infection if a c.ase of cholera has occurred on board during the voyage but the case has previously been disembarked. (3) Even when coming from a cholera infected area or having on board a person coming from a cholera infected area, an aircraft shall be regarded as healthy, if. on medical examination, the Health Officer is satisfied that no case of cholera ha.s occurred on board during tile `~ova~e. ~1 (1) On the arrival of an aircraft infected with cholera- (i) the aircraft and all persons on board shall he medically examninedbv the Health Officer: ii) all infected pei~~ns shall be disembarked and isolated for such period as the Health Officer may consider necessary; iii) other pe1~sons. who disembark. may be pla~ecl under isola- tion for a period of not more than five days reckoned from the (late of disembarkation I)ro\ided that any person who produces a valid certificate of vaccination against cholera may be placed only under survedlamice for a like period (iv) the. Health Officer may disinfect- (a) airs- baggage of any infected person or suspect, and PAGENO="1031" AIR LAWS AXD TREATIES OF THE WORLD 1021 (b) any other article such as used bedding, or linen, and any pait of the aircraft, whicli is considered to be contami- nated: (v) if, in the opinion of the Health Officer, any water carried on board is contanlmate(l. he shall cause it to be emptied out after it has been disinfected and to be replaced, after disinfection of the containers, by a supply of wholesome drinking water; (vi) the Health Officer niav require human dejecta, waste wa- ter, waste matter and any matter which is considered to be con- tarninateci to be clisinfected before they are. discharged from the aircraft or unloaded (vii) (a) the Health Officer may prohibit the unloading of, or may remove, any fish. shellfish, fruit or vegetables to be consumed uncooked or beverages, unless such food or beverages are in sealed containers and he has no reason to believe that they are con- taininate.d Provided that if any such food or beverage forms part of the cargo in a freight compartment of the aircraft. only the Health Officer for the airport. at which such food or beverage is to be unloadledi may exercise the power to remove it Provided further that. any such food or l)e.verage shall be re- moved by the IIealtIi Officer if the Commander of the aircraft so desIres. (b) if any such food or beverage is removed, arrangements shall be made by the Health Officer for its safe disposal. (viii) aimy unloading shall be carried out. under the. control of the Health Officer, who shall take all measures which, in his opin- ion, are necessary to prevent the infection of the stall engaged on this work and may, for that purpose, subject. the. staff to surveil- lance for a period not exceeding five days from the time they ceased to work at. the unloading of the aircraft. (2) An aircraft shall cease to be re.garde(l as infected when the measures required by the Health Officer in accordance with sub-rule (1) of this rule have been effectively carried out. The aircraft shall thereupon be given free pratique. 22. (A) On the arrival of an aircraft suspected of cholera infec- tion- (1) the aircraft and all persons on board shall be medically examined by the Health Officer; and (2) (i) any person who disembarks and who witnin five days of arrival has been in a. cholera infected area may, (a) if he is in possession of a valid certificate of vaccina- tion against cholera, be placed under surveillance for a period not exceeding five days reckoned from the time of the last exposure to infection; (b) if he is not in possession of such a certificate, be placed in isolation for a like period; (ii) any other passenger or rnelnl)er of the crew who disem- barks may be placed under surveillance for a period not exceeding five days reckoned from the date of arrival. (3) all or any of the measures specified in clauses (iv) to (vii) of sub-rule (1) of rule 21, and not already taken, may be taken at the discretion of the Health Officer. PAGENO="1032" 1022 AIR LAWS AND TREATIES OF THE WORLD (B) An aircraft shall cease to be regarded as suspected when the measures required by the Health Officer in accordance with sub-rule (A) of this rule have been effectively carried out. The aircraft shall thereupon be given free pratique. 23. On arrival, a healthy aircraft shall be given free pratique but, if it has come from a cholera infected area, the measures specified in clause (vii) of sub-rule (1) of rule 21 and in sub-clause (i) of clause (2) of sub-rule (A) of rule 22 may be taken at the discretion of the 1-Iealth Officer. D. Smallpox 24. (1) An aircraft shall be regarded as infected with smallpox- (1) if it. has a case of smallpox on board, or (ii) if a case of smallpox has occurred on board during the voyage. (2) Any other aircraft shall be regarded as healthy even though there may be suspects on board, but. any suspect on disembarking may be subjected to the measures provided for in rule 25. 25. (1) On the arrival of an aircraft infected with smallpox- (i) the aircraft and all persons on board shall be medically examined by t.he Health Officer; (ii) all infected persons shall be disembarked and isolated for such period as the Health Officer may consider necessary; (iii) other persons who disembark and who in the opinion of the Health Officer are not sufficiently protected by vaccination or h a previous attack of smallpox- (a ) if they ale willing to be vaccinated, or in the case of minors if their guardians or those in charge of them consent to their vaccination, may be subjected to vaccination free of charge, and also to isolation or surveillance for a period not exceeding fourteen days reckoned from the time of the last exposure to infect ion, and (b) if they are not willing to be vaccinated, or in the case of minors if their guardians or those in charge of them do not consent to their vaccination, shall be subjected to isolation or surveillance for the afore~aid period; (iv) the Health Officer shall disinfect- (a) any baggage. of any iiifectecl persoim. and (b) any other baggage or article, such as used bedding or linen, and any part. of the aircraft, which is considered to be contaminated. (2) An aircraft shall continue to be regarded as infected until every infected erson has been removed and until the. measures re- quired by the Health Officer in accordance with sub-rule (1) of this rule have been effectively carried out. The aircraft shall thereupon he given free ~ratique. 26. On arrival, a healthy aircraft, even when it has come from a smallpox infected area, shall be given free pratique but the measures specified in clause (i) of sub-rule (1) of rule 25 shall be taken and the umeasures specified in clause (iii) of that sub-rule may be taken by time Health Officer. 27. (1) The Health Officer may require any persomi on an inter- national voyage who does not. show sufficient evidence of protection PAGENO="1033" AIR LAWS AXD TREATIES OF THE WORLD 1023 by a previous attack of smallpox to possess, on arrival, a certificate of vaccination against smallpox. Any such person who cannot produce such a certificate may be vaccinated; if he refuses to be vaccinated he may be placed under surveillance for not more than fourteen days, reckoned from the date of his departure from the last territory visited before arrival. (2) A per~~n on an international voyage who during a period of fourteen days before his arrival has visited a smallpox infected area and who, in the opinion of the Health Officer, is not sufficiently pro- tected by vaccination or by a previous attack of smallpox, may be required to be vaccinated, or may be placed under surveillance, or may be vaccinated and then placed under surveillance; if he refuses to be vaccinated, he may be isolated. The period of surveillance or isolation shall not be more than fourteen days, reckoned from the date of his departure from the infected area. Explanuton.-For the purposes of clause (iii) of sub-rule (1) of rule 25 and sub-rule (2) of rule 27 a valid certificate of vaccination against smallpox shall be considered as evidence of sufficient protect 1011. E. Typhus and Relapsing Fever 28. On the arrival of an aircraft. having on board a person who is suffering from or is believed to be infected with typhus or relapsing fever- (1) the aircraft and all persons on board shall be medically examined by the Health Officer; (2) all infected persons shall be disembarked and isolated for such period as the Health Officer may consider necessary, and disinsected; (3) any suspect may be disinsected; and (4) the accommodation occupied by the infected person and by any suspect, together with the clothes they are wearing, their baggage and any other article which in the opinion of the Health Officer is likely to spread typhus or relapsing fever may be dis- insected and, if necessary, disinfected. 29. A person on an international voyage, who has left a typhus infected area within the previous fourteen days or a relapsing fever infected area within previous eight days, may, if the Health Officer considers it necessary, be disinsected and put under surveillance for a period of not more than fourteen days in the case of typhus and not more than eight days in the case of relapsing fever, reckoned from the date of disinsecting. The clothes which such person is wearing, his baggage and any other article which in the opinion of the Health Officer is likely to spread typhus or relapsing fever may be disinsected and, if necessary, disinfected. Special Provisions relating to Other Infectious Diseases 30. (1) An aircraft shall be regarded as infected with an infectious disease other than quarantinable diseases- (i) if it has a case of any such infectious diseases on board, or (ii) if there has been a case of any such infectious disease on board and subsequent to the occurrence of that case all the meas- ures prescribed in rule 31 of these Rules have not been taken. PAGENO="1034" 1024 AIR LAWS AND TREATIES OF THE WORLD (2) An aircraft shall be regarded as suspected of infection from an infectious disease other than quarantinable diseases if it has on board any person who within the incubation period in respect of such infectious disease has been in contact with a case of that disease or has been otherwise exposed t.o infection from that disease. 31. On the arrival of an aircraft infected with an infectious disease other than quarantinable disease- (1) the aircra ft and all persons on board shall be medically ex- arnined by the Health Officer; (2) any infected person- (i) who, not being a direct transit passenger, diseinbarks~ or (ii) who, being a direct transit passenger, leaves the air- 1)o~~ othe.rwise~ than in the manner prescribed in rule 38, may be isolated for such period as the Health Officer may consider necessary: (3) persons who have bee.n exposed to infection may. if they disembark, be placed under surveillance for a period not exceed- ing the incubation period of the infectious disease to which they have been exposed, such period being reckoned from the time of the. last exposure to infection; (4) any parts of the aircraft and a.ny goods or personal effects on board whic.h. in the opinion of the Health Officer, are contam- mated may be disinfected. 32. On the arrival of an aircraft suspected of infection from an infectious disease- (1) the measures specified in sub-rule (1) of rule 31 shall be taken: and (2) the measures specified in sub-rules (3) and (4) of rule. 31 not already take.n may be taken at the discretion of the Health Officer. 33. Except in case of an emergency constituting a grave danger to public health, an aircraft. shall not on account of an infectious disease other than quarantinable diseases be prevented by the Health Officer of an airport. from discharging or loading cargo or stores, or taking on fuel or water. Part 111-Aircraft Departing. Gene ,w7. 34. The provisions of this Part. shall apply t.o all aircraft leaving India on an international voyage. 35. The Health Officer shall not. permit. any person t.o board any aircraft. leaving the main land for any place in the Andaman and Nicobar Islands unless such person produces a valid certificate of vaccination against smallpox and chlorea: Provided that the Health Officer may, if acting on general or special instructions of the Central Government, exempt, any partic- ular person from the. operation of t.his rule: Provided fiirthe.r that the Health Officer shall, before the aircraft leaves the airport. furnish to the Commander of the aircraft. a cer- tificate giving all relevant details of persons exempted under the first proviso. PAGENO="1035" AIR LAWS AND TREATIES OF THE WORLD 1025 36. (1) The Health Officer shall, when brought to his notice, prohibit the embarkation on any aircraft of- (a) any person showing symptoms of any quarantinable cbs- ease, and (b) an person whom the Health Officer considers likely to transmit infection because of his close contact with a person showing symptoms of a quarantinable disease: Provided that nothing in this sub-rule shall apply when a person suffering from a. quarantinable disease is to be trans- ported in an aircraft specially adapted or allocated for the p~Trpose.: Provided further that a iersoi~ on an international voyage who on arrival is placed unde.r surveillance may be allowed to continue his voyage in which case the Health Officer shall record this fact in the Xircraft General Declaration. (~) The health Officer shcil take all practicable. measures to pre- vent. the introduction on l)oardt an aircraft of possible agents of in- fectiori or vectors of a quarantinable disease. 37. Subject to the special provisions relating to yellow fever pre- scribed in Part. II of these I~iiles, passengers and crew from a healthy aircraft who are in transit through India. and who remain in the direct transit area of an airport or, if the airport is not yet provided \vitll such an area, who submit to the measures for segregation pre- scril)ed by the 1-Teaith Officer in order to prevent the. spread of disease., shall not l)e subjected to any sanitary measure other than medical examination. If such persons are obliged to leave the airnort at which they diseiiihark solely in order to continue their voyage from another airport in the vicinity of the first airport, no such measure shall he applied to them if the transfer is made under tile control of the Health Officer concerned. 38. Where there is an epidemic of pulmonary plague in a.n airport., every suspect shall, before departure on an international voyage, be placed in isolation for a period of six days reckone(l from the date of the last exposure to infection. 39. When typhus or relapsing fe.ver exists in an airport, a person on an international voyage whom the health Officer considers is liable to spread typhus or relapsing fever, shall be disinsected. The clothes which such person is wearing, his baggage, and any other article likely to spread syphus or relapsing fever shall be. clisinsec.ted and if necessary, disinfected. Special Rules relating to Pilgrim Aircraft. 40. No person shall he permitted by the Health Officer to embark on an aircraft with a view to proceeding by air to the Hedjaz unless suc.h persons produce valid certificates of vaccination against, cholera and smallpox. Part 117.-Special Provisions relating to the Carriage of Dead Bodies and Cremated Remains. 41. No person shall bring into India any dead body or human remains of persons who may have died of yellow fever, plague, PAGENO="1036" 1026 AIR LAWS TFL:TIES OF THE WORLD anthrax, glanders or such other diseases as may be notified by the Central Government for this purpose: Provided that nothing in this rule shall apply to properly cremated ashes of dead bodies or human remains. 42. The dead body or human remains of a person who may have died of a disease other than those specified in rule 41 may be brought into India subject to the provisions of rules 43 to 47. 43. The consignee as well as the air transport service shall give to the Health Officer of the airport of arrival advance intimation, of at least. 48 hours, of the importation of the dead body or human remains or ashes of cremated bodies: Provided that nothing in this rule or in rules 44 to 47 shall apply to the (lead body of a person who dies during flight before arrival of the aircraft in India. The Commander of the aircraft shall send, if the aircraft is equipped with wireless, a radio report to the Health Officer of the aircraft, where he proposes to land in India, regarding the occurrence and, if possible, cause of death. On landing of the aircraft no passenger or member of the crew shall disembark until appropriate sanitary measures have been taken by the Health Officer of the airport. 44. Applications to bring dead bodies or human remains or ashes of cremated bodies to India shall be made to the Indian Diplomatic representatives in countries where such representatives are function- ing or, where there is no such representative, to the Health Officer of the airport at which the dead body is to be landed. 45. (l' Tf the dead boftv or human remains have been properly cremated, the cremated ashe.s shall be placed in an urn or casket having an outer packing of suitable material. (2) Tn the case of uncremated remains, the following procedure shall he. adopted- (a) A corpse which has not been buried should be enclosed in a shell of zinc or other equal1y suitable metal with all joints so soldered as to seal them hermetically and prevent the escape of noxious gases or fluids. The shell should be enclosed in a stoutly built, teak or other hard wood coffin and t.he coffin should be enclosed in a zinc or tin-lined wooden packing case filled with saw-dust. impregnated with carbolic powder. (b) Where a coffin has been exhumed and proves on examina- tion to be intact. sound and free from offensive odour, it should be enclosed in a hermetically sealed zinc or tin-lined wooden packing case filled with saw-dust impregnated with carbolic pow(ler. (c) `Where a coffin has been exhumed and is not intact, sound and free from odour. its contents should be dealt with in accord- ance with the requirements of clause (a) above.. 46. A certificate issued by a responsible Municipal or Governmental authority of the. country from where the package containing the Tead both', or human remains or ashes of cremated bodies, as the case may be, is imported and endorsed 1w the Indian Diplomatic Representatives, if any. in that country shall accompany the. package. The certificate shall give the. full name of the deceased, his age at the time of death and the place, date and cause of death and shall indicate that the pack- PAGENO="1037" AIR LAWS AND TREATIES OF THE WORLD 1027 age conforms to and has been sealed in accordance with the specifica- tions prescribed in rule 45. 47. The package containing the dead body or human remains or ashes of cremated bodies shall not be opened during its transit and shall be iii a sound sealed condition at the time of arrival. It. shall not. be removed from the p1~eci~ts of tl~e airport until the Health Officer has permitted in writing its removal. After the Health Officer has accorded this permission, the consignee shall remove and dispose of the package in accordance with the general or special instructions which may be issued by the local authorities, Governmental and or Municipal, in this behalf. 48. For the transmission of dead body or human remains and ashes of cremated bodies from India to any place outside India, the prior written permission of the competent authority of the country of des- tination as also of the District Magistrate for tl~e place of death shall be obtained. The requirements laid down by the country of destina- tion with regard to the import of dead bodies, human remains or ashes of cremated bodies into its territory shall be complied with by the con- signor. In case no such conditions have been prescribed, the provisions of rule 45 shall be complied with and the package shall bear an in- scription to the effect that it contains infected material and should be handled with care. 49. Subject to the provision of rule 41, a package containing a dead body or human remains or ashes of cremated remains, which i~ in transit through India shall not be sllI)jecte(l to lily ~estrict ions if it. has been packed and sealed in tLe manner prescribed in rule 45 or in a manner which, in the opinion of the Health Officer, is considered to be equally satisfactory. Part V-Miscellaneous 50. The sanitary measures permitted by these Rules are the inaxi- mum measures applicable to international traffic. 51. Sanitary measures and health formalities shall be initiated forthwith, completed without delay, and applied without discrimina- tion. 52. Any sanitary measures, other than medical examination, which has been applied to an aircraft at a previous airport shall not be re- peated unless- (a) after the departure of the aircraft from the airport where the measures were applied, an incident of epidemiological sig- nificance calling for a further application of any such measure has occurred either in that airport or on board the aircraft or (b) the Health Officer has reason to l)ehieve that the individual measure so applied was not substantially effective. 53. The Commander of an aircraft coming from a place outsidø India and proceeding to a place oUtsi(le India may. if he so clesires_ notify the Health Officer of the airport in Ii idi a where tile a i rcrafr. first arrives, that he does not wish to submit to aiiv of the provisions. except the special provisions relating to yellow fever, prescribed in Part IT of these Rules; and the aircraft shall thereupon be at liberty to continue its voyage, without such sul)missiOfl. provided that it shall not during its voyage land an where else in India except for tile pmmpose of taking on fuel, water and stores in quarantine. PAGENO="1038" 1028 AIR LAWS AND TREATIES OF THE WORLD 54. The Health Officer shall, when so requested, issue free of charge to the (`ommander of an aircraft a certificate specifying the measures applied to the aircraft, the parts thereof treated, the methods employed and reasons why the measures have been applied. This informat~ion shall, oii request. be entered in the Aircraft General Declaration. 55. The Health Officer shall, when so requested, issue free of charge- (a) to any traveller a certificate specifying the date of his arrival or departure and the measures applied to him and his baggage: (b) to the consignor. the consignee, and the carrier, or their re- spective agents. a certificate specifymg the measures applied to any goods. 56. When any person is required under these Rules to be disem- barked and isolated for any period, the Health Officer may remove, or cause to be removed, that ~ to a hospital or other place approved by the health Officer and detain him therein for that period. Persons who are under isolation for a disease other than yellow fever may, how- ever, in exceptional circumstances at the discretion of the Health Offi- ~er, be allowed to continue their voyage before the expiry of the isohition period. 57. (1) Whenever surveillance is required or permitted by these Rules, isolation shall not be substituted for surveillance unless the He.a.hIi Officer of the airport where the suspect arrives or any other health authority to whom he is required to report during the period of surveillance coiisiders the risk of transmission of the infection by the suspect to be exceptionally serious. ~) Apart from the provisions relating to quarantinahie diseases in Part II of these Rules, the Health Officer may place under sur- veillance any suspect on an international voyage arriving from an infected area. Such surveillance may be continued until the end of the appropriate period of incubation specified in rule ~(l5). 58. A person under surveillance shall not be isolated and shall he permitted to move about freely. The Health Officer may require such a person to report to him, if necessary, at specified intervals during the period of surveillance. The Health Officer may also subject such a persoi~ to medical investigation and make any enquiries which are necessary for ascertaining his state of health. Rectal swabbing shall not be done, but a person showing symptoms indicative of cholera may be required to submit to stool examination. 59. When the person under surveillance departs for another place, lie shall inform the Health Officer who shall immediately inform the health authority for the place to which the person is proceeding. On arrival the person shall report to that health authority who may apply the measures provided for in rule 58. 60. Every person shall comply with all directions lawfully given and all conditions lawfully imposed by the Health Officer in pursu- ance of these Rules and shall give that Officer all reasonable facilities for the discharge of any duty imposed on him by these Rules. 61. The Health Officer, may whenever he considers it desirable, refuse entry into the airport to any person, other than a person pro- ceeding on an interilatioflal voyage, or remove or cause to he removed PAGENO="1039" AIR LAWS AND TREATIES OF THE WORLD 1029 from the premises of the airport any person who, in his opinion, is likely to spread any quarantinable or other infectious disease. 62. (1) Disinfection, disinsection, deratting and other sanitary operations shall be so carried out as~ (a) not to cause undue discomfort to any person or injury to his health; (b) not to produce any deleterious, effect on the structure of an aircraft or on its operating equipment; (c) to avoid all risk of fire. (2) In carrying out such operations on goods, baggage and other articles, every precaution shall be taken to avoid any damage. 63. (1) Goods shall be submitted to sanitary measures provided for in these Rules only when the Health Officer has reason to believe that they may have become contaminated by the infection of a quaran- tinable disease or may serve as a vehicle for the spread of any such disease. (2) Apart from the measures provided for a special provisions relating to cholera, goods, other than live animals, in transit, without transhipment shall not be subjected to ally sanitary measures or detained at any airport. 64. Except in the case of an infected person or suspect, baggage may be (lismnfected or disinsecteci only ill tile case of a person carrying infective immaterial or insect vectors of a quiimantinable disease. 65. (1) Mail, newspapers, books, and other printed matter shall not be subject. to any sanitary measure. (2) Postal parcels ma be subjected to Sallitaly measures only if they contain- (a) any of the foods referred to in sub-rule (7) of rule 21 of these Rules, which tile I-Iealth Officer has reason to believe comes froiii a cholera infected area ; or (b) linen, wearing apparel, or bedding, which has been used or soiled afl(l to which the provi~ion~ of Parts II and III of these Rules are applicable. 66. No sanitary document other than those provided for in these Rules, shall be required by the Health Officer. 67. (1) No charge shall be made by the Health Officer of an airport for- (a) any medical examination provided for in these Rules or any supplementary examination, bacteriological or otherwise which niav be required to ascertain tile state of health of tile lerson examined: (b) any vaccination of a person on arrival and any certificate thereof. (2) Charges for applying the measures PrOvide(l for in these Rules, other than tile measures referred to in sub-rule (1) of this rule, shall conform with tile tariff for such charges as may be fixed from tune to time by the Central Government. These charges shall be moderate and not exceed the actual cost. of the service remidered, and they shall be levied without distinction as to tile nationality, domicile or resi(lence of tile person concerned or as to the nationality, flag, registry or ovner- ship of the aircraft. In particular there shall be IIO distinction made between national and foreign persons and aircraft. PAGENO="1040" 1030 AIR LAWS AND TREATIES OF THE WORLD (3) The tariff, and any amendment thereto, shall be published in the official Gazette at least ten days in advance of the levy thereunder. (4) if any person or member of the crew refuses or fails to pay any charges due from him, then, without prejudice to any proceedings that may be taken against him, such charges shall be recoverable from the owner of the aircraft on which such person or member of the crew arrives. 68. The Commander of an aircraft shall, during the stay of the aircraft in an airport. take such precautiolls as the Health Officer may specify in order to prevent rodents gaimng access to the aircraft.. 69. A vaccination document issued by the Armed Forces to an active menhl)er of the Armed Forces shall be accepted in lieu of an interna- tional certificate in the form shown in Schedules III, IV, or V if- a) it embodies medical information substantially the same as that required l)y such form ; and (b) it contains a statement in English or ill French recording the nature and date. of the vaccination and to the effect that. it is issued in accordance with Article 99 of tile International Sanitary Regulations. Part VI-Offences and Penalties. 70. No person shall throw or let fall from any aircraft. any matter capable of producing an outbreak of a quarantinable or an infectious or any other epidemic disease. .71. Whoever contravenes aiiv provision of these Rules, or disobeys, or fails to comply with, any order given in pursuance of these Rules, shall be punishable with imprisonment, for a term not exceeding three months or with line which may extend to one thousand rupees or with both. PAGENO="1041" CHAPTER V. THE INDIAN CARRIAGE BY AIR ACT, 1934 (XX OF 1934). TABLE OF CONTEXTS SE0'rIoN S 1. Short title, extent and cnnmiencement. 2. Application of the Convention to India. 3. Provisions regarding suits against High Contracting parties who undertake carriage by air. 4. Application of Act to carriage by air which is not international. SCHEDULES Schedule I Rules 1 to 36 Schedule ~ Rules 1 to 4 Provision as to liability of Carriers in the event of the death of a passenger. CHAPTER V. ACT No. XX OF 1934. (PASSED BY THE INDIAN LEGISLATURE) (Received t1~e assent of tke Gocei'i~oi' Gci~ei'a7 on the 19th August, 1934) An Act to give effect to a Convention for the unification of certain rules relating to international carriage by air. Whereas a Convention for the unification of certain rules relating to international carriage by air (hereinafter referred to as the Conven- tion) was, on the 12th day of October 1929, signed at Warsaw: And whereas it is expedient that India should accede. to the Conveii- Lion and should make provision for giving effect to the said Conven- tion And whereas it is also expedient to make provision for applying the rules contained in the Convention (subject to exceptions, adaptations and modifications) to carriage by air which is not international car- riage within the meaning of the Convention: It is hereby enacted as follows: 1. Short title, extent and commencement.-(1) This Act may be called tine Indian Carriage by Air Act, 1934. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Govern- ment may, by notification in the official Gazette, appoint. 2. Application of the Convention to India.-(1) The rules con- tamed in the First Schedule, being the provisions of the Convention 1031 ~---vo1. 1----(i~i PAGENO="1042" 1032 AIR LAWS AND TREATIES OF THE WORLD relating to the rights and liabilitie.s of carriers, passengers, consig~iors, consignees and other persons, shall, subject to the provisions of this Act, have the force of law in India in relation to any carriage by air to which those rules apply, irrespective of the nationality of the air- craft performing t lie carriage. (~) The Central Government may, by notification in the official Gazette, certify who are the High Contracting Parties to the Conven- tion. in respect. of what territories they are parties, and to what extent they have availed themselves of the Additional Protocol to the Con- vention, and any such notification shall be conclusive evidence of the matters cc rt.ifiecl therein. (3) Any reference in the First schedule to the territory of any High Contracting Party to the Convention shall be construed as reference to all the territories in respect of which he. is ~ p~irty. (3-A) Any reference in the First Schedule to agents of the carrier shall be construed as including a reference to servants of the carrier. i 4 Notwithstanding anything contained in the Indiaii Fatal Acci- ilcats Act, i.~55 (XIII of lsSS ) , or any other enactment or rule of law in force iii au p~irt of India, the rules contained iii the First Schedule shall, in all cases to which those rules apply, (leterlIIille tile liability of a carrier ~n. respect of tile ([eatil of a passenger. and the rules (onta iiied in the Second Schedule shall determine the i~ei'souis b~ whoni and for e b ht i id ti u ii i ci 1 hi i sa( 1111 t\ i be ~. iitei ed (5) An~ sum in francs mentioned in rule ~ (,t ~he I~irst Schedule shall, for tile purpose of any action against a. carrier, be converted into rupees at the rate of exchange prevailing on the date on which the amount of damages to be paid by the carrier is ascertained by the Court. 3. Provisions regarding suits against High Contracting Parties who undertake carriage by air.-(1) Every High Contracting Party to the Convention who has not availed himself of the provisions of the Additional Protocol thereto shall, for tile purposes of any suit brought, ill a Court of India in accordance with the provisions of rule ~S of the First Schedule to enforce a claim ill respect. of carriage undertaken by him, be deemed to have submitted to the jurisdietion of that. Court and to be a l)erson for the purposes of the Code of Civil Procedure. 1908 (V of 190S). (~) Tile High Court. may make. rules of procedure providing for all matters which may be expedient. to enable such suits to be instituted and carried on. (3) Nothing in this section shall authorize any Court to attach or sell any property of a High Contracting Party to the Convention. 4. Application of Act to carriage by air which is not interna- tional.-The Central Government may, by notification in the official Gazette, apply the rules contained in the First Schedule and any provision of section ~ to such carriage by air, not being international carriage by air as defined in the First Schedule, as may be specified in the notification, sul.),ject however to such exceptions, adaptations and modifications if any, as may be so specified. PAGENO="1043" AIR LAWS AND TREATIES OF THE WORLD 1033 THE AIR CORPORATIONS ACT, 1953 ~ No. 27 of 1953 ARRANGEMENT OF SECTIONS CHAPTER I. PRELIMINARY SEcTIoN S Sections I. Short title and commencement. 2. Definitions. CHAPTER II. CONSTITUTION AND FUNcTioNs OF THE CoRPoRATIoNS 3. Incorporation of the Corporations. 4. Constitution of the Corporations. 5. Conditions of service of Members. 6. Vacancy in Corporation not to invalidate proceedings. 7. Functions of the Corporations. ~`. Appointment of oThcers and other employees of the Corporations. ~. Corporations to act on busThess principles. CHAPTER III. FINANCE, ACCOUNTS, AND AUI)IT 10. Capital of the Corporations. 11. Vesting of properties in the Corporatiiis. 12. Funds of the Corporations. 13. Powers of the Corporations in regard to expenditure. 14. Corporation to assume obligations of Central Government in respect of cer- tain matters. 1.i. Accounts and audit. CHAPTER IV. ACQUISITION OF UNDERTAKINGS OF EXISTING AIR Co~IPANIEs 10. Undertakings of existing air companies to vest in Corporations. 17. General effect of vesting of undertakings in the Corporations. 15. Reservation of scheduled air transport services to the (url;orations. Pi. Licences to cease to be valid. 20. Provisions respecting officers and employees of existing air companies. 21. Duty to deliver up possession of property acquired and documents relating thereto. 22. Duty of existing air companies to supply particulars. 23. Right of Corporations to disclaim certain agreements. 24. Transactions resulting in dissipation of assets. 25. Compensation to be given for compulsory acquisition of undertaking. 26. Constitution of special Tribunal to determine compensation. 27. Mode of giving compensation. 2~. Win(Iing U[) of existing company whose undertaking has been acquired. ~9. Authorisation under Section 28 may contain certain directions. CHAPTER V. Am TRANSPORT COUNCIL 30. Constitution of Air Transport Council. 31. Functions of the Air Transport Council. 32. Staff of the Council. 33. Proceedings of the Council. CHAPTER VI. CONTROL OF CENTRAL GOVERNMENT 34. Power of Central Government to give directions. 35. Prior approval of Central Government necessary in certain cases. 36. Submission of programme of work for each year. 37. Submission of Annual Reports to Parliament. ~ Ministry of Law, Acts of Parliament 1953. p. 143-144. PAGENO="1044" 1034 AIR LAWS AND TREATiES OF THE WORLD CHAPTER VII. MISCELLANEOUS 38. Corporations to act in mutual consultation. 39. Transfer of scheduled air transport services or assets from one Corporation to the other. 40. Corporations may delegate their lowers. 41. Advisory and Labour Relations Committees. 42. Meetings of the Corporation. 43. Penalty for wrongful withholding of property. 44. Power to in~i~e rules. 43. Power of Corporations to make regulations. THE SCHEDULE4 THE AIR CORPORATIONS ACT, 1953 No. 27 of 1953 [28th May. 19.5.3] An Act to provide for the establishment of Air Corporations, to facilitate the acquisition by the Air Corporations of undertakings belonging to certain existing air companies and generally to make further and better provisions for the operation of air transport services. Be it enacted by Parliament as follows :- CHAPTER I. PRELIMINARY 1. Short title and commencement.-(1) This Act may be called the Air Corporations Act, 1953. (2) It shall come into force on such date as the Central Govern- ment may, by notification in the Official Gazette, appoint. 2. Definitions.-In this Act, unless the context otherwise requires- (i) "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: (~) `~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; (iil) "associate" in relation to either of the corporations means any subsidiary of the corporation or any person with whom the corporation has made an agreement in accordance with clause (h) of subsection (2) of section 7; (Iv) "Corporations" means "Indian Airlines" and "Air-India. international' established under section 3, and "Corporation" means either of the Corporations; (c) the expression "existing air companies" means the Air India Ltd.. the Air Services of India Ltd., the Airways (India) Ltd., the Bharat Airways Ltd., the Deccan Airways Ltd., the I-Iimalayan Aviation Ltd.. the Incihin National Airways Ltd.. the Kalinga. Airlines and the Air India International Ltd.. aud ~`exI~ting air Company" means any of the existing air companies: (vi) "prescribed' means prescrihe(1 by rules macic. under this Act: Schedule omitted. PAGENO="1045" AIR LAWS AND TREATIES OF THE WORLD 1035 (vii) "regulations means regulations made by either of the corporations under section -1-5: (viii) "Scheduled air traiisport service" means an air trans- port service undertaken between the salile two or more places and operated according to a published time table or with flights SO regular or frequent that they constitute a recognizably systematic series, each flight being open to use by members of the public; (ix) `~Trihiuia 1" means the Tribunal constituted under section ~5. CIIsr'TER II. CONSTITFTTOX ANI) FUNCTIONS OF TIlE COIIPORATIONS 3. Incorporation of the Corporations.-(1) With effect from such data as the Central ( ~overmneiit may, b notihcat ion in the Official Gazette appoint, there shall be estabhishe(l two Corporations to be knowii as ~`Indian Airlines" and "Air-Tnd~a. International. (2) Each of the Corporations aforesaid shall be. a I)o(ly corporate having perpetual succession and a common seal with l)o\ver, subject to the pro\~~1o1~ of this Act, to acquire and hold property, and may by its name sue and 1e stied. 4. Constitution of the Corporations.-(1) Each of the Corpora- tions shall eonsst of not less than five but not nmre thait nine menibers appointed by the Central Government and one of the members shall be apnointed by the Central Government to be the Chairman of the (nrporation Provided that- e ) the same ersomi uiav be anpojnted to he. the Chairman of both the Corporations or Chairman of one and member of the other: (/ the same persoits ma be aI)pointed to be m~mnbers of both the Corporation~. 2) Before appointing a persoi~ to be a member of either of the (`~ ~rporat ions, the Central Government shall satisfy itself that that person will have no such financial or other interest as is likely to affect pre~I~li(1ahly the exercise or performance by him of his functions as a member of the Corporation and the Central Government. shall also sati4v itself from tulle to time with respect to every member of the ( orporal iOn that. he has no such interest and an l)~I~S01i who is, or \vhIom the Central Government l)i'oposes to appoint and who has con- sent ed to be a member of the Corporal ion shall, whenever required by the Central Government so to do, furnish to it such information as the Central Government considers necessary for the performance of its duties under this sub-section. (.J) A member of eithe.r of the Corporations who is in any way directly or indirectly interested in a (ont ract. ma(le. or proposed to be made by the Corporation. or in any contract made or proposed to he made I v an a'~sociate of the Corporation which is l)Ioughlt. up for con- -iideration liv time Corporation. -hall, as soon as possible after the rele- vant. circumstances have come to his knowledge, (liscloSe time. miature of his interest. at. a meeting of the Corporation: and the. disclosure shall lie recorded in the minutes of the Corporation, and time member shall not take any part after the disclosure in any deliberation or decision of the Corporation wit-h re~sp~ct to that contract.. PAGENO="1046" 1036 AIR LAWS AND TREATIES OF THE WORLD (4) 1)uring the teniporarv absence of the Clvi irman of either of the Corporal 10115, the Central Governnieiit may appoint another person, whether a menil.er of the Corporation or not, to act a~ the Chairman. (;5) save as otherwise provi(led in this section, nothing contained in this Act shall he deemed to disqualify the General Manager of either of the Corporations from l)ei1u~ appointed to be a rneml)er thereof. 5. Conditions of service of members.-(1) The Chairman and other nienibers of each of the Corporations shall ordinarily be entitled to hold office. for the period specified in the order of appointment, un- less the appoint men! is terminated earl icr I v the Central Govern- inent Provided that iinv member niav at any time in- notice in writing addressed to the Central Government resign his office. (~ ) ~ubjec.t to the prevams approval of the Central Government. e~cii oi the Corporai ions shall pay to every member thereof in respiot (it his office as suehi. sueli remuneration liv way of allowances, fees or orhier~viseas1na be (letermined by tlìe Corporation, and to the. Chair- mail. iii respe(t of his olii(e as such. ~ueIi remuneration. whether in ad- (ilboll to the remuneration to which he mar be entitled in resl)ect. of his office as a member or otherwise., as it may similarly determine. 6. Vacancy in Corporation not to invalidate proceedings.-No act. or proceeding' of either of the Corporations shall be deemed to !)e invalid by reason merely of any vacancy in. or any defect in tile con- st it.ut~on of. the Corporation. 7. Functions of the Corporations.-(1) Subject to the rules, if iv, made hr the Central Government in this behalf, it chall be tile ~11lCti0fl of each of the Corporations to 1)ro\~(le safe.. efficient, adequate, economical an(l properly co-ordmated air transport. services, whet her internal or interlIiltlo)nal or 1)0th. and the Corporation shall so exer- cise their powers as to secure that. the air transport services are dc- veloped to the h)ect advant a~e and. in particular, so exercise those ~eeure I lvii the services are i'ov~ded at. reasonable cha ~ (~) Without preiudice to the ~enerality of the powers conferred by sul)seetioll (1) . each of the Corporations shall, in particular, have power- (e) to operate any air transport service, or any flight by air- craft for a commercial or other purpose, and to carry out all forms of aerial work (7i) to provide flu' the instruct ion and traimng in matters con- nected with aircraft or flight by aircraft of persons employed, or desirous of being employed, either by the Corporation or by any other person: (c) with the previous approval of the Central Government. to promote any organ izal ion outside Tndia for the purpose of engag- ing in dv activity of a kind which the Corporation has power to carry en: (d) to acquire. hold or dispose of any pronertv. whether niov- able or irnmovai ole. 1)1 any air transport nn( ~ertaking (c) to repair. overhaul. reconct.ruct. assemble or recondition aircraft, vehicles or other machines and parts, accessories and inctruments there or therefor and also to manufacture such parts, accessories and instruments, whether the aircraft, vehicles or other machines are owned by the Corporation or by any other person; PAGENO="1047" AIR LAWS AND TREATIES OF THE WORLD 1037 (f) to enter into and l)erfOlm afl such (ontracts as are cal- ciilated to further the efficient performance of its duties and the exercise of its powers under this Act; (g) to perform any functions as agent or contractor in relation to an air transport service operated l)V any other pei'~on (h) with the previous approval of the Central Government, to enter into agreements with any person engaged in air transporta- tion with a view to enabling such person to I)1'0v1(le air transport services on behalf of or in association with the Corporation () with the previous approval of the Central Governineiit, to determine and levy fares and freight rates and other charges for or in respect of the carriage of pas~engers and goods on air trans- l)ort services operated by it () to take such steps as are cal(ulated to extend the air trans- port services provided by the (`orpolation, \vllet her within or without India, including the development of feeder services and the improvement of the types of aircraft used in air transport services: (Z) to take such steps as are calculated to promote the interests of the Corporation or to improve the services the Corporation may provide, including piovision of catering, rest-rooms, goods- she(ls, warehouses and transport by lan(l or water in connect ion wjth ally air transport service or any other amenity or facility: (7) to take all smidi steps as may be necessary or convenient for, or may be incidental to. the exercise of any power, or the discharge of any function or duty conferred or immiposed on it. by this Act. (3) Nothing colltaine(l in this section shall be. construed as- (u) authiorising the (lisre~rard by the. Corporation of any law for the time being in force, or (7.) amitliorising any person to institute any proceeding in re- spect of a duty or 1 iab~litv to which either of the Corporations or its employees would not otherwise be sub~eet. 8. Appointment of officers and other employees of the Corpo- rations.-(1) For the purpose of enabling it efficiently to discharge its functions under this Act, each of the Corporations shall appoint a General Manager and, subject to such rules as may be prescribed in this behalf, may also appoint such number of other ofluers and employees as it may think necessary. Provided that the appointment of the General Manager and such other categorie.s of officers as may be specified after consultation with the Chairman in such rules shall be subject to the approval of the Central Government. (2) Subject to the provisions of section 20, every person employed by each of the Corporations shall be subject to such conditions of serv- ice and shall be entitled to such remuneration and privileges as may be detennined by regulations made by the Corporation by which he is employed. (3) Neither the General Manager nor such other employee of either of the Corporations as may be specified in this behalf by the Central Government shall, during his service in the Corporation, be employed in any capacity whatsoever or directly or indirectly have any interest in any air transport undertaking other than an undertaking of either PAGENO="1048" 1038 AIR LAWS AND TREATIES OF THE WORLD of the Corporations, or in any other undertaking which is interested in any contract with either of the Corporations. 9. Corporations to act on business principles.-In carrying out any of the duties vested in it by this Act, each of the Corporations shall act so far as may be on business principles. CHAPTER III. FINANCE, ACCOUNTS AND AUDIT 10. Capital of the Corporations.-(1) All non-recurring expendi- ture incurred by the Central Government for, or in connection with, each of the Corporations up to the date of establishment of that Cor- poration and declared to be capital expenditure by that Government, shall be treated as capital provided by the Central Government to that Corporation. (2) The Central Government may provide any further capital that may be required by either of the Corporations for the carrying on of the business of the Corporation or for any purpose connected there- with on such terms and conditions as the Central Government may determine. (.~) Each of the Corporations may, with the consent of the Central Government, or in accordance with the terms of any general authority given to it by the Central Government- (a) borrow money for all or any of the purposes of the Cor- poration, and (b) secure the payment of any money borrowed by it or any interest thereon l)y the issue of bonds, debentures, debenture-stock or any mortgage or charge or other security on the undertaking of the Corporation or an part. of it or on any of it.s properties. 11. Vesting of properties in the Corporations.-All properties, assets and funds owned or acquired by the Central Goverrnnent for the purpose of Indian Airlines or, as the case may be, Air India Inter- national before the e~ztabhishment of those Corporations shall, on such est abl ishiment. vest in the Corporation concerned. 12. Funds of the Corporations.-(1) Each of the Corporations shall have its own funds and all receipts of the Corporation shall be carried thereto and all I)~1yme1its for the Corporation shall be made therefrom. (2) Each of the Corporations may keep in current account with any scheduled bank as defined in section ~ of the. Reserve Bank of India Act. 11)34 (II of 1934) or in any other hank approved by the Central Government in this behalf a suni of money not exceeding such amount as may be prescribed. but any moneys in excess of the said sum shall be deposited in the Reserve Bank of India or with the agents of the Reserve Bank of India or invested in such manner as may be approved by the Central Government. 13. Powers of the Corporations in regard to expenditure.-Each of the Corporations shall have power. subject to the. provisions of this Act, to spend such sums as it thinks fit on objects or for purposes au- thorised by this Act. and such sum shall be treat.ed as expenditure out of the funds of that Corporation. 14. Corporation to assume obligations of Central Government in respect of certain matters.-All obligations incurred, all contracts entered into and all matters and things engaged to be done by, with, or PAGENO="1049" AIR LAWS AND TREATIES OF THE WORLD 1039 for the Central Government for any of the purposes of this Act before the establishment of either of the Corporations shall be deemed to have been incurred, entered into or engaged to be done by. with or for Indian Airlines or, as the case may be, Air India International accord- ing as the obligations, contracts, matters and things relate to the pur- poses of the former Corporation or the latter. 15. Accounts and audit.--(1) The Corporations shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, including the profit and loss account and the balance sheet. in such form a~ iil:iv be 1) escl'll)ed by the Central Gov- ernment. in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the Corporations shall be audited annually by the Comptroller and Auditor-General of I nd a ai id an expenditure incurred by him in connect ~on with su Ii audit shell be payable by the Corporations to the Co~iiptroller and Auditor-General of India. (3) The Comptroller mci Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the Corporations shall have the same rights and privileges and authority in connection with such audit a'~ the Comptroller and Auditor-General has in connection with the audit. of Government accounts and in particular, shall have, the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Corporations. (4) The accounts of the Corporations as certified by the Comptroller and Auditor-General of India or aimv other iersomi al)Pointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government arid that Government shall cause the same to be laid before both Ijouses of Parliament. CnArTI~mi I\. ACQrIsiTioN OF' 1X1)FRTAK1XGS OF EXISTING AIR 16. Undertakings of existing air companies to vest in the Cor- poration.-On such date as the Central Government may, by notifica- tion in the Official Gazette. appoint (hereinafter referred to as "the appointed (late"), there shall be I ransferred to and vest in- (`a) Indian Airlines, the undertakings oi all the exi~ting air companies (other than Air Tndhi Iiiternatioiual Ltd.), amid (h) Air India International, tIme undertaking of the Air India International Ltd. 17. General effect of vesting of undertakings in the Corpora- tions.-(1) The undertaking of each of the existing air companies which is transferred to and wlmich vc~ts in either of the Corporations under sect ion 1t shall, sul ject to the provisions of section ~, be deemed to include all assets, rights, powers. authorities ail(.l ~)rivileges and all property. movable, and immovable. including lands, works, workshops, aircraft, cash balances, reserve lunds, investments and book debts and all other rights and interests arising out of such property as were immediately before the appointed date in the ownership, possession or pow-er of the existing air company in relation to the undertaking, whether w-ithin or without India, and all books of account and docu- ments relating thereto, and. Sul)JeCt to the. provisions contained in PAGENO="1050" 1040 AIR LAWS A~D TREATIES OF THE WORLD section 2~, shall also be deemed to include all borrowings, liabilities and obligations of whatever kind then subsisting of the existing air company in relation to the undertaking. (2) Any lands, works, aircraft, assets or other property vesting in the Corporation under sub-section (1) shall by force of such vesting be fre.ed and discharged from all trusts, obligations, mortgages, charges, liens and other encunibrances affecting it, and any attachment, injunction or any other order of a court restric.ting the use of such prope.r~ in any manner shall be deemed to have been withdrawn. (3) Subject to the other provisions contained in this Act, all con- tracts and working arrangements which are sul)sisting immediately before the appointed date and affecting any of the existing air com- panies shall, in so far as they relate to the undertaking of that com- pany. cease to have effect or be enforceable. against that company or any person who was surety or had guaranteed the l)erforlllance thereof, and shall be. of as full force and effect against or in favour of the Corporation in which the luI(lertaking has vested b virtue, of this Act and enforceable a~ fully and efl'ectiially as if, instea(l of the corn- panv. the Corporation had been named therein or had been a thereto. ~) Subject to the other provisions contajned in this Act, any pro- ceeding or cause of action pending or existing immediately before. the appointed date by or against any of the existing air companies in relation to its undertaking univ as from that date be continued and enforced by or against the Corporation in which it has vested by virtue of di is Act as it might have 1 een enforced v or against that company if this Act. had not been passeh and shall cease to be enforceable by or against, that company, its surety or guarantor. 18. Reservation of scheduled air transport services to the Cor- porations.-(1) After the appointed date, it shall not be lawful for any person other than the Corporations or their associates to operate any sehedule(l air transport service from, to. in or across India Air Corporations Provided t.hat nothing in this section shall restrict the right of any person- (a) for the purpose of any air transport undertaking of which the principal place of business is in any country outside India, to operate an air transport service in accordance with the. terms of any agreement for the time. being in force between the Govern- ment of India and the Government. of that country: or (b) t.o carry pa sse.ngers for the sole purpose of instructing them in flying or on duties of aircrews; or (c) to carry passengers or goods for the sole purpose of provid- ing an air ambulance service or a. rescue or relief service during any natural calamity: or (d) to carry passengers or goods for the sole purpose of pro- viding joy ride.s consisting of flights operated from and to the same aerodrome or place without any intermediate landing or for the purpose of aerial survey, fire fighting, crop-dusting, locust control or any other aerial work of a similar nature. (2) Any person who operates a scheduled air transport service in contravention of the provisions of this section shall be liable in respect PAGENO="1051" AIR LAWS AND TREATIES OF THE WORLD 1041 of each offence to a fine which may extend to one thousand rupees, or to imprisonment which may extend to three months, or to both. Explanation.-The operation of each flight shall constitute a sepa- rate offence for the purposes of this section. 19. Licences to cease to be valid.-With effect from the appointed date, all licences granted under the Indian Aircraft Act., 1934 (XXII of 1934) or under the rules made thereunder for the operation of scheduled air transport services shall cease to be valid. 20. Provisions respecting officers and employees of existing air companies.-(1) Every officer or other employee of an existing air company (except a director, managing agent, manager or any other person entitled to manage the whole or a substantial part of the busi- ness and affairs of the company under a special agreement) employed by that company prior to the first day of July, 1952, and still in its employment immediately before the appointed date shall, in so far as such officer or other employee is employed in connection with the undertaking which has vested in either of the Corporations by virtue of this Act, become as from the appointed date an officer or other employee, as tile case may be, of the Corporation in which the under- taking has vested and shall hold his office or service therein by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension and gratuity and other matters as h~ would have held the same under tile existing air company if its undertaking had not vested in the Corpora- tion and shall continue t.o do so unless and until his employment in the Corporation is terminated or until his remuneration, terms or condi- tions are duly altered by the Corporation: Provided that nothing contained in this sect.ion shall apply to any officer or other employee who has, by notice in writing given to the Corpora.tion concerned prior to such date as may be fixed by the Cen- tral Government by notification in the Official Gazette, intimated his intent jon of not becoming an officer or other employee of t.he Corpora- tion. (2) Notwithstanding anything contained in sub-section (1), the Central Government may direct either of the Corporations in which the u.ndertaking of any existing air company has vested to take into it.s employment any officer or other employee who was employed by the existmg air company prior to tile first day of July, 1952, and who has been discharged from service in that company on or after the said date for reasons which, in the opinion of tile Central Govern- ment, appear to be inadequate for the, purpose., and where the Central Government issues any such direction, the provisions of sub-section (1) shall apply to such officer or other employee as they apply to any officer or other employee referred to therein. (3) As from tile appomted (late the trustees of tile provident funds and pension funds or pension scllemes of each of the existing air companies shall tra.nsfer to the Corporation concerned the balances lying to the credit of each of the employees whose services have been transferred to that Corporation b virtue of this Act and also all other balances of the funds or schemes as shall remain after satisfying all demands and liabilities, and thereupon the trustees shall be discharged of the trusts by virtue of this Act.. PAGENO="1052" 1042 AIR LAWS AND TREATIES OF THE WORLD (4) Notwithstanding anything contained in this Act or in the In- diaii Companies Act, 1~)13 (VII of 1913) or in any other law for the time being in force or in any agreement ent.ered into by an existing air company or in the articles of association of any such company, no director, managing agent, manager or any other person entitled to manage the whole or a substantial part of the business and affairs of the company shall be. entitled to any compensation against any exist- in~r air company or against either of the. Corporations for the loss of office or for the premature termination of any contract of management entered into by him with any existing air company and where any existing air company has, after the. first. day of July, 1952, and before the conimencenient of this Act, 1)aid to any such person as is referred to in this sub-section any sum by way of compensation to which the person receiving such compensation would not have been entitled if this sub-section were in force at the time of such 1a~'ment, the existing air coliipanv ~liall be entitled to claim refund of any sum so paid. 21. Duty to deliver up possession of property acquired and docu- ments relating thereto.- (1) Where any property has vested in either of the Corporations under section 16, every person in whose possession or custody or under whose control the property may be, shall deliver up the property to the Corporation concerned forthwith. (2) i pe1~on who on the appointed date has in his possession or under hIS control any books, documents or papers relating to any Un- (Tertaklng which has veste(T iii either of the Corporations under this \ (t and which belong to an existing air company or would have so 1 r~1onged if its undertaking had not so vested shall be liable to account iar the said books, docunients and paPers to the Corporation iii which the undertaking has vested and shall deliver them up to the Corpora- tion or to such ~ as the Corporation may direct: Provided that the Corporation shall produce for inspection by such compan;es or I heir authorized representatives the books of account and (lodunienls as ielate to the affairs of the company for any period prior to the appointed date. (3) Without prejudice to the. other provisions contained in this see- lion it shall be lawful for the Corporation and the Central Govern- ment to take all necessary steps for securing pos~ession of all proper- ties which have, vested in the Corporation under section 1G. 22. Duty of existing air companies to supply particulars.-(1) Where the undertaking of an existing air company vests in cithiw of the Corporations under this Act, the. existing air company shall, within thirty days from the appointed date, or within such further time as the Corporation concerned may allow in any case, supply to the Corporation particulars of book debts and inve-tments belonging to and all liabilities and obligations of the company Sul)sistiflg immedi- ately before the appointed date, and also of all agreements entered into by the existing air company and in force on the appointed date. including agreements. whether express or implied, relating to iiwve. pension, gratuity and other terms of service, of any officer or other employee of the existing air celpan::, un.~r w~ `~ch ~`~: vir~ re of ~ Act. the. Corporations have, or will or ma have liabilities except. such agreements as the Corporation may exclude either generally or in any particular case from the operation of this subsection. 3) If any existing air company fails to supply to the Corporation concerned particulars of such book debts, liabilities and agreements PAGENO="1053" AIR LAWS AND TREATIES OF THE WORLD 1043 within the time allowed to it for the purpose under sub-section (1), nothing contained in this Act shall have effect so as to transfer any such book debts, liabilities and agreements to or to vest the same in the. Corporation. (3) Either Corporation may by notice in writing within a period of ninety days after submission of the. particulars referred to in sub- section (1) intimate to the existing air company submitting the par- ticulars that. such of the book debts and investments as are specified in the notice are not included in the properties vesting in the Corpora- tion whereupon the compensation provided by section 25 of this Act and the Schedule thereto shall be reduced by the amount of such excluded book debts and investments but the right of such existing air company to recover and retain such excluded book debts shall re- main unaffected by this Act. 23. Right of Corporations to disclaim certain agreements.-(1) Where it appears to either of the Corporation~ that the making of any such agreements as is referred to in section 22 under which the Corporation has or will have or many have. liabilities was not reason- ably necessary for the purposes of the. activities of the existing air company or has not been entered into iii good faith, the Corporation may, within six months from the appOiflte(l date, apply to the r[fll)i1I1Ol for relief from such agreement., and the. Tribunal, if satisfied after making such inquiry into the matter as it thinks fit. that the agreement was not reasonably necessary for the purposes of the activities of the existing air company or has not been entered into in good faith, may make an order cancelling or varying the agreement cii such terms a~ it may think fit to impose and the agreement shall thereupon have effect accordingly. 2) All the parties to the agreement whiichi is sought to hue (abel ted or varied under this section shall be made 1)ilrt ies to the procee(Ting. 24. Transactions resulting in dissipation of assets.-(1) This section shall apply where any existing air company has, after the first day of July 1952, and before the appointed date- (a) made any payment t.o any person without. consideration or for an inadequate consideration; (1,) sold or disposed of any of its ProPerties or rights wit bout consideration or for urn inadequate coimside~~ation (c) acquired any property or rights for an excessive considera- tion (d) entered into or varied any agreement so as to require an excessive consideration to l)e paid or giveii l)V the comlml)anv (~) entered into any other I ransaction of such an onerous na- ture as to cause a loss to or imnpo~e a 1 ialnlit on the company ex- ceeding any benefit. accruing t.o the comiupany : or f) sold or otherwise. trblnsferre(l any aircraft, equipment, ma- chinerv or other property of 1)00k value exceeding rupees ten thousand; and the payment, sale, disposal. acquisition. agreement or variation thereof, or other transaction or transfer, was not reasonably necessary for the purposes of the company or was made with an nnreasonab]e hack of prudence on the part of the company, regard being had in either case to the circumstances at the time. PAGENO="1054" 1044 AIR LAWS AND TREATIES OF THE WORLD (i?) Either of the Corporations may. in the case of any such exist i ng air company as is referred to in sub-section (1) the undertaking of winch Las vested in the Corporation u1I(ler tins Act, at an time within six months from the appointed date, apply for relief to the Tribunal in respect. or any transaction to wllioll t he opinion of the Corporation tins section applies, and all parties to the transaction shall, unless the rii~i otherwise directs, he mede pcrtie.s to the application. (.1) Wiieie he Tribunal is satisfied that a tr~ulsaction in respect of \VilIcll an appii'at ion is made is a transact ion to whchi this section applies, then, unless the rL.:l)unal ~s also sat ~sfied that the transaction \V~~5 a proper transact ion lllil(ie iii the ordinar course of business re- iIal'(l being hlil(l to the oiiciinwt:~nces 11 the time and was not in anY way connected with any provision m~ide isv til is Act or with any an- ticipatioii of the mak~n~ of any such nrovislOn. the Tribunal shall lIIill:e 511(0 orde~ against any of the parties to the application as the ~1iibi~~ial I kinks j list aviini ie~ard to the extent to which those parties were respectively responsil ~le for the transaction or benefited from it and all tile circumstances of the case. (4) \Vhiere an application is made to the Tribunal under this see- t ~on in respect of any transact ion and tile al)!)i ication is determined in favour of the Corporation. the Tribunal shall have exclusive juris- (Iict.iofl to determine any claims outstanding in respect of tile trans- action. 25. Compensation to be given for compulsory acquisition of undertaking.-(1) Where the undertaking of any of the existing air companies has veste(l in either o~f the Corporations under thus Act., compensation shall be given by the Corporation to that company in the manner specified in section ~T and the amount of such compensa- non shall be determined in accordance with the pi'iiiciples specified in the. Schedule to this Act. (;? ) Notwithstanding that separate valiiiitiofls are caldulate(l under the princi~)le5 specified in tile Schedule in respect of the several mat- ters referred to therein, the amount of compensation to be given shall lie deemed to he a. single compensation to be given for the undertaking as a whole. (.~) Tile amount of the compensation to he. given in accordance with the aforesaid principles shall be determined by the Corporation and hf the. amount. so determined is approved by the Central Government, if shall be offered to the existing air company in full satisfaction of the compensation payable under this Act, and if the amount so offered not acceptable to the existing air company~ it may within such timB as may l)e prescribed for the purpose have the matter referred to a rlrihuual constituted for this purpose by the Central Government for decision. 26. Constitution of special Tribunal to determine compensa- tion.-(1) The Tribunal to be constituted under section 25 shall con- sist of three members appointed by the Central Government, one of whom shall he a person who is or has been a Judge of a High Court or has been a .Tud~e of the Supreme Court. (2) The Tribunal may for the purpose of deciding any matter im- iler this Act choose one or more persoi~s posse.ssing special knowl- ecl~e of ally matter relating to the. case under inquiry to assist it. in de- terminin~ any compensation which is to he given under this Act. PAGENO="1055" AIR LAWS A~D TREATIES OF THE WORLD 1045 (3) The Tribunal shall have the powers of a civil court~ while try- ing a suit under the Code of Civil Procedure, 1908 (Act V of 1908) in respect of the following matters- (a) summoning and enforcing the attendance of any person and examining him on oat Ii; (b) requiring the (hiscoverv and product jon of documents; (e) receiving evidence on affidavits: (d) issuiI1~ Comlflissions for the exalilination of witnesses or documents. (4) The Tribunal shall by a majority of its number regulate its own procedure. and dec~de any matter within its competence and may re- view its decision in the. event of there beiiig a mistake on the face of the record ur correct any arithmetical or clerical error therein but subject tlieieto he (lecision of the Tribunal on any matter within its jurisdiction shall be final and shall not be called in question in any court. 27. Mode of giving compensation.-(1) When the amount of corn- l)ensation to be iven under this Act to an existing air company has been determined under section ~5, the Corporation shall give to the company one or more bonds of the face value of the amount of com- pensation so determined less such portion thereof as is payable in cash under this section. (2) Out of the compensation to be given to each of the existing air companies under this Act, there shall be pai(l in cash- (a) ten per cent, of the amount of compensation payable to each of such companies (which pei-centage shall be uniformly ap- plicable. to all existing air companies) or (h) the~ amount borrowed by any such company from any bank and outstanding on the 31st clay of December, 19.52, or on the ap- pointed date, whichever amount is less; or (e) an amount~ equal to the cash of any such company, including cash in (leposit with a hank, which has vested in the Corporation under this Act; whichevei- of the. amount specified in clauses (ci), (b) and (c) is the greatest. (3) The bonds aforesaid shall be issued by the Corporation with the previous approval of the Central Government. and shall be negc)tial)he and shall be redeemed at their face value by the Corporation concerned on the demand of the holder withimi one hundred and eighty (lays after the expirv of five years from the date of their issue and the redemption of the bonds and payment of all interest~ thereon shall be guaranteed by the Central Government. (4) If within tIme expirv of the said period of one hundred and eighty clays, the holder of any bond fails to require payment of its face value from the Corporation concerned, the bond shall cease to be re- cleemable at the option of the holder Provided that in any case the Corporation may by notice require the holder of the bond to accept its face value in cash at any I imne \vhetller before or after the expirv of the period of five years aforementioned. (5) The holder of the bond shall be entitled to receive from the Cci-- portation interest on the bond at three-and-a-half per cent, per annum at such intervals as may be prescribed, with effect from t.he appointed date and until the bond is duly redeemed. PAGENO="1056" 1046 AIR LAWS AND TREATIES OF THE WORLD (6) Bonds issued under this section shall, for the purpose of re- deinption and of computing interest, be deemed to have been issued on the appointed date. (7) Any bond issued under the provi~ons of this section shall be deemed to be a security in which a trustee may invest trust monies within the meaning of section 20 of the Indian Trusts Act, 1882 (II of 18~2). 28. Winding up of existing company whose undertaking has been acquired.-(1) The Central Government may, on the application of any existing air company or on the application of a majority in num- ber representing three-fourths in value of its members holding orcli- iiarv shares, by order in writing, authorise the existing air company the undertaking of which has vested in either of the Corporations, to be wound up voluntarily in accordance with the provisions of the Indian Companies Act. 1913 (Vii of 1913) relating to voluntary winding UJ) Provided that- (a.) the winding up of the coii~pany shall commence on the day on which the Central Government autliorises the winding up with- out the passing by the company of any special or other resolution for winding up: and (b) the directors of the exist in~ company shall not be under an obligation to make aii~v such statul ory d~clar~tion is re~uired by sectioii 207 of the Indian Companies Act, 1913 (VII of 1913) : and (c) the winding up of the company shall be continued by the directors of the existing company in office at the time the Central Government. aut.horises its winding up and they shall be deemed to be joint liquidators for the purpose of the said winding up with power to act by a majority of their number. (2) For the purposes of winding up the affairs of any existing air company or for any other purpose necessary for enabling it to give effect to the provisions of this Act, the Central Government may, not-. withstanding an thing contained in this Act, permit the existing air company to occupy, keel) in its cUSto(ly or utihise, as the case may be, for such period as it may allow any office, books, accounts and other documents and the services of any officers or other employees, which have been transferred to either of the Corporations under this Act, on such terms and conditions as ma be agreed between the Corporation in which the undertaking has vested and the existing air company, or failing agreement, as may be determined by the Central Government. 29. Authorisation under section 28 may contain certain direc- tions.-Any authorisation granted under section 28 may include a direction requiring an existing air company the voluntary winding up of which has been authorised under that section to distribute its net assets among the various classes of members of the company in such proportion as the Central Government may, having regard to the amount subscribed by each class of such members or having regard to the circumstances relating to the issue of the shares to the various classes of members, specify in the direction, and any such direction shall have effect notwithstanding anything contained in the Indian Companies Act, 1913 (VII of 1913) or in the articles of association or resolution of the company or in any agreement, and every such corn- panv shall be bound to comply with any such direction. PAGENO="1057" AIR LAWS AND TREATIES OF THE WORLD 1047 ChAPTER V. AIR TRANSPORT COLTNCIL 30. Constitution of Air Transport Council.-As soon as may be after the commencement of this Act, the Central Government may cause to be constituted an Air Transport Council consisting of a Chair- man and such other number of members not exceeding eleven as the Central Government may appoint thereto Provided that amongst the members to be so appointed there shall at least be one person with experience in financial matters and one person who is an employee of either of the Corporations with experi- ence in labour matters. 31. Functions of the Air Transport Council.-(1) It shall be the duty of the Air Transport Council to consider- (ci) at the request of either of the Corporations any matter of the kind referred to in section 38 and (b) any matter of importance which may be referred to it by the Director General of Civil Aviation or the T)irector General of Posts and Telegraphs relating to matters of common interest, be- tween either of the Corporations and the Director General of Civil Aviation, or as the case ma be, the Director General of Posts and Telegraphs including rates for the carriage of postal articles by air, and to make recommendations thereon to the Central Govern- ment. (2) At the request of the Central Government, the Air Transport Council shall investigate any mattei' relating to the fares, freight rates or other charges levied by either Corporation in respectS of any service or facility provided by the Corporation and of the adequacy of effi- ciencv of such service or facility and shall make recommendations thereon to the Central Government. (3) The Council shall, if so required by the Central Government, tender advice to that Government in regard to financial and economic analysis accounting, costing and statistical techniques and financial reportmg relating to air transport and, in particular, advise in regard to the matters specified in the proviso to sub-sectioii (2) of section 34. (4) The Central Government, after taking any recommendation made by the Air Transport Council under this section into considera- tion, may issue such directions in the matter as it thinks fit and such directions shall be binding on the Corporation concerned. 32. Staff of the Council.-The Council shall have a Secretary and such other employees as the Central Government may appoint, and the expenditure on the staff and other charges of the Council shall be borne by the Central Government. 33. Proceedings of the Council.-(1) The Council shall regulate its own procedure. (2) No proceeding of the Council shall be deemed to be invalid by reason merely of any vacancy in. or any defect in the constitution of, the Council. CHAPTER VI. C0NTEOL OF CENmAL GOVERNMENT 34. Power of Central Government to give directions.-(1) The Central Government may give to either of the Corporations directions as to the exercise and performance by the Corporation of its func- ~i9-T:~7~---65---v(i. i---~J7 PAGENO="1058" 1048 AIR LAWS AND TREATIES OF THE WORLD tions, and the Corporation shall be bound to give effect to any such directions. (2) The Central Government may, if it is of opinion that it is ex- pedient in the national interest so to do, after consultation with the Corporation concerned, direct either of the Corporations- (a) tc undertake any air transport service or other activity which the Corporation has power to undertake; (b) to discontinue or make any change in any schedule air transport service or other activity which it is operating or carry- mg on; (c) not to undertake any activity which it proposes to do: Provided that, if, at the direction of the Central Government, the Corporation establishes, alters or continues to maintain an air trans- port service or ot.her activity and satisfies the Central Government that during the relevant financial year the Corporation has suffered an over-all loss in respect of the operation of all its air transport services and of all its other activities and also that the service or activity so established, altered or continued to be maintained in compliance with the directions of the Central Government as aforesaid has been operated at a loss in any financial year, then the Central Government shall reimburse the Corporation to the extent of the loss relatable to the operation of that particular service or activity. 35. Prior approval of Central Government necessary in certain cases.-Neither Corporation shall, without the previous approval of the Central Government- (qi) undertake any capital expenditure for the purchase or acquisition of a.ny immovable property or aircraft or any other thing at a c.ost exceeding rupees fifteen lakhs: (b) ent.e.r into a lease of any immovable property for a period exceeding five years; or (c) in any manner dispose of any property, right or privilege having an original or book value exceeding rupees ten lakhs. 36. Submission of programme of work for each year.-(1) Each of the Corporations shall prepare and submit to the Central Govern- ment, not, less than three months be.fore the commencement of the finan- cial year of the Corporation a statement showing the programme of op- eration and development of air transport services to be operated by the. Corporation and its associates during the forthcoming financial year and its other activities as well as its financial estimates in respect thereof, including any proposed investment of capital and increase in the strength of its total staff. (2) If, during any financial year, either of the Corporations engages or proposes to engage in any air transport. service or ancillary activity in addition to those specified in the programme previously submitted under sub-section (1) and a substantial alteration of the financial estimates is likely to be involved thereby, the Corporation shall sub- mit t.o the Central Government for approval a. supplementary pro- gramme of such service or activity and a supplementary estimate of the expenditure and revenue, to be incurred and received by the. Corpo- ration in respect thereof during the remainder of that period: Provided that, to meet any unexpected traffic demand or other special situation, either of the. Corporations may undertake any addi- tional service or other ancillary activity not specified in the pro- PAGENO="1059" AIR LAWS AND TREATIES OF THE WORLD 1049 gramme submitted under sub-section (1) or sub-section (2) and sub- sequently submit a report on the matter to the Central Government in the prescribed manner. 37. Submission of Annual Reports to Parliament.-(1) Each of the Corporations shall, as soon as may be after the end of each financial year prepare and submit to the. Central Government in such form as may be prescribed a report giving an account of its activities during the previous financial year, and the report shall also give an account of the activities, if any, which are likely to be undertaken by the Corporation during the next financial year. (2) The Central Government shall cause every such report to be laid before both Houses of Parliament as soon as may be after it is submitted. CHAPTER ~\/II. MISCELLANEOUS 38. Corporations to act in mutual consultation.-It shall be the duty of each of the Corporations t.o ent.e.r into consultations with the other in matters of common interest to the two Corporations includ- ing, in particular, the operation of scheduled air transport services, the routes on which such services should be. operated by each of the Corpo- rations, the frequency of such services, the passenger fares and freight rates to be charged, the measures of economy to be adopted, the pro- vision of any services in regard to overhaul and maintenance of air- craft or any other matter falling within the. scope of the functions of either of the Corporations, and, generally, in regard to ensuring the fullest co-operation and co-ordination in respect of all such matters. 39. Transfer of scheduled air transport services or assets from one Corporation to the other.-The Central Government may, for the purpose of improving the air transport services provided by either of the Corporations or for effecting better co-ordination in respect of such services, direct that with effect from such date as may be speci- fied in the direction and subject to such conditions as may be similarly specified- (a) any scheduled air transport service operated by one Cor- poration shall no longer be operated by that Corporation but shall be operated by the other Corpora.tion, and (b) any property belonging to one Corporation shall be trans- ferred to the other Corporation. 40. Corporations may delegate their powers.-(1) Each of the Corporations may appoint a Committee or Committees consisting of some or any of its members with or without the addition of any officer or employee of the Corporat.ion and delegate any of the functions and powers of the Corporation to such Committee or Committees and may limit the exercise of such delegated authority to any specified area. (2) Either of the Corporations may, in relation to any particular matter or class of matters or to any particular area, l)y general or special order, direct that any of its officers or other employees may also exercise all or any of its powers under this Act (except the powers given to it by this section) to the. extent to which the Corporation deems it necessary for the efficient. running of its day to day adminis- tration. 41. Advisory and Labour Relations Committees.-(1) The Cen- tral Government, in consultation with the Corporation concerned, may appoint an Advisory Committee consisting of such number of PAGENO="1060" 1050 AIR LAWS AND TREATIES OF THE WORLD as it. may think fit for the purpose of advising the Corporation in respect of such matters as may be referred to it by the Corporation or as may be prescribed. (2) Each of the Corporations sliaU constitute in the prescribed man- ner it Labour Relations Committee consisting of representatives of the Corporation and of its employees, so however, that the number of rep- resentatives of the employees on the Committee shall not be less than lile number of representatives of the Corporation, and it shall be the duty of the Labour Relations Committee to advise the Corporation on matters which relate to the welfare of the employees or which are likely to promote and secure amity and good relations between the two. 42. Meetings of the Corporation.-(1) Meetings of the Corpora- tirni shall he held at. such times and places and, subject to sub-sections (2) an(l (-I). the proeeedmgs of the Corporation shall be conducted in such manmier as may be provided by the regulations. (2) The Chairman or in his absence any person chosen by the mem- bers present from amongst themselves shall preside at the. meeting. (3) At a meeting of the. Corporation all questions shall be decided by a majority of votes of the members present, and for this purpose, each meml)er shall have one vote and in the case. of equality of votes the Chairman or. in his absence. the ~ presiding at the meeting shall have a second or castin~r vote. 43. Penalty for wrongful withholding of property.-If a. direc- tor. inana~ing agent. manager or other officer or employee of an exist- ing air company who wilfully withholds or fails to (leliver to the Cor- poration as required by subsection (2) of section 21 any books, documents or papers which may be in his possession or who w-rong- fully obtains possession of any property of any such company which has vested in either of the Corporations under this Act. or having any such property in his possession wrongfully withholds it from the Corporation or wilfully applies it. to purposes other than those ex- nressed in. or authorized by. this Act, shall, on the complaint of the Corporation concerned. be punishal)le with fine which ma extend to one. thousand rupees and may be ordered by the. Court trying the of- fence tn deliver up or refund within a time to he fixed by the Court any such property improperlY obtained or wrongfully withheld or wilfully mnisappiie(l or in default to suffer imprisonment which may extend to one year. 44. Power to make rules.-(1) The Central Government may, by notification in the Official Gazette, makes rules to give effect to the provisIons of this Act. (2) 1i~ partict~lai'. and without prejudice to the. generality of the foregoing power. such rules may provide for all or any of the follow- in~ matters. namely- (a.) the ter~ns and conditions of service of the General Man- a~ers of the two Corporations: and such other categories of officers as may he specified from time to time under sub-section (1) of section .S (b) the form in which the budget of t.he two Corpora.tions shall be prepared and submitted to the Ceneral Government; and the form and the manner in which the accounts of the two Corpo~ I PAGENO="1061" AIR LAWS AXD TREATIES OF THE WORLD 1051 rations shall be. inaintaiiied and in whl(l1 ally returns Or statistics shall be. furnished or submitted (c) the reports which should be sul)mitted b the. Corporations and the intervals within which they should be. so submitted (d) the maintenance of hooks of account (c) the establishment and inainteinuice of a. fund Tuv each of the Corporations for meeting any liability arising out of any act or omission in respect. of wl~ic1i the Corporation may incur Oll~S/ liability to any third party (f) any provision of depreciation, reaerve. and other funds; (q) the prohibition of persoius who are directly or ind~rec.tly interested in an subsisting contract with either of the Corpo- rations from becoming or being employees of the Coi'porat ion (ii) the powers which may be exercised by either of the Corpo- rations to facilitate the acquisition of any undertaking: (i) the issue of bonds by either of the Corporations to meet any compensation payable by it under this Act: (~) the training of the employees of either of the Corporations or other persona and the fees which may in its discretion be charged therefor; (ic) the term of office and other conditions of service of mem- bers of the Air Transport Council constituted under section 30; (1) the prohibition of any interference with any air transport service or with any property of the Corporation or of any inter- ference with or obstruction of any officer or employee of the Corporation in the performance of his duty: (nm) the punishment which shall not exceed imprisonment, for three months or fine of rupees one thousand but. which may con- sist of both such imprisonment, and fine, ill respect. of any con- travention of the provisions of any rules made under this section. (3) All rules made under this section shall be laid before both Houses of Parliament as soon as may he after they are made. 45. Power of Corporations to make regulations.-(1) Each of the Corporations may, with the previous approval of the Central Government., by notification in the Official Gazette, make regulations not inconsistent with this Act. or the rules made thereunder for the administration of the affairs of the Corporation and for carrying out its functions. (3) In particular and without prejudice to the generality of the foregoing IJo~ver, any such regulations may providle for all or any of tile following matters, namel- (a) the time and place of the meetings of the Corporation and the procedure to be followed for the transaction of business at such meetings; (b) the terms and conditions of service of officers and other employees of the Corporation other than the General Manager and officers of any other categories referred to in section 44; (c) the issue of passes by the Corporation to its officers and other employees either free of cost. or at concessional rates for travel on its air services and the conditions relating thereto; (d) the authentication of orders and decisions of the Corpora- tion and the instruments executed by it.; PAGENO="1062" 1052 AIR LAWS AXD TREATIES OF THE WORLD (e) the grant of refund in respect of any unused tickets and the issue of concessional passes; (f) the period after the expiry of which unclaimed goods may be disposed of and the manner of their disposal; (g) the conditions governing the carriage of persons or goods on its services. PAGENO="1063" THE INDIAN AIRCRAFT (AMENDMENT) ACT, 196~ (Act 44 of 1960) 1 (26th November, 1960) An Act further to amend the Indian Aircraft Act, 1934 Be it enacted by Parliament in the Eleventh Year of the Republic of India as follows: 1. Short title. This Act may be called the Indian Aircraft (Amend- ment) Act, 1960. 2. Amendment of section 1. In the Indian Aircraft Act, 1934 (hereinafter referred to as the principal Act), in sub-section (1) of section 1, the word "Indian" shall be omitted. 3. Amendment of section 5. In section 5 of the principal Act, sub- section (3) shall be omitted. 4. Substitution of new section for section 10. For section 10 of the principal Act., the following section shall be substituted, namely- a. Received the assent of the President on 21-9-1960. Act pub- lished in Gaz. of India 22-9-1960. Pt. II, S. 1, Ext. p. 571. For statement of Objects and Reasons, see Gaz. of India; 2-12--- 1959, Pt. II, S. 2, Ext. P. 1332 and for Joint Committee Report, see Gaz. of India, 8-2-1960, Pt. II, S. 2, Ext. p. 0/99. b. Received the assent of the President on 26-11-1960. Act published in Gaz. of India, 29-11-1960. Pt. II, S. 1, Ext. p. 667. For statement of Objects and Reasons, see Gaz. of India, 25-8- 1960, Pt. II, S. 2, Ext. p. 607. "Penalty for act in contravention of nile made under this Act. "10. (1) If any person contravenes any provision of any rule made under clause (1) of sub-section (2) of section 5 prohibiting or regu- lating the carriage in aircraft of arms, explosives or other dangerous goods, or when required under the rules made under that clause to give information in relation to any such goods gives information which is false and which he either knows or believes to be false or does not believe to be true he, and if he is not the. owner, the owner also (un- less the owner proves that the offence was committed without his knowl- edge, consent or connivance) shall be punishable with imprisonment which may extend to two years and shall also be liable to fine. "(2) In making any other rule under section 5 or in making any rule under section 7, section 8, section 8A or section SB, the Centra.l Govern- ment may direct that a breach of it. shall be punishable with imprison- ment for a period which may extend to three months, or with fine which may extend to one thousand rupees, or with both." 5. Amendment of section 13. In section 13 of the principal Act, for the works letters, brackets and figures "Where any person is con- victed of an offence punishable under any rule made under clause (1) 1Ali India Reporter, vol. 47, 1980, p. 147. 1053 PAGENO="1064" 1054 AIR LAWS AND TREATIES OF THE WORLD or clause (1) of sub-section (2) of section 5", the words, figures, brackets and letter `~\Vhere any pe~~on is convicted of an offence pun- ishable under sub-section (1) of section 10 or under any rule made under clause (i) of sub-section (2) of section 5" shall be. substituted. 6. Insertion of new section 14A. After section 14 of the principal Act, the following section shall be inserted, namely- Laying rules before Parliament. `14A. Every rule made under this Act shall be laid as soon as may be after it. is made before each House of Parliament while it. is in session for a period of thirty days which may l)e comprised in one session or in two successive sessions and if, before the expiry of the session in which it is so laid or the session immediately fol- lowing, both Houses agree in making any modification in the rule, or both Houses agree 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: so however, that any such modification or annulment shall be without prejudice to the validity of any- thing previously done under that rule." GOVERNMENT OF INDIA AERONAUTICAL INFORMATION CIRCULAR 5/1962 G.S.R. 1238, dated the 8th September, 1962, issued by the Govern- ment of India in the Ministry of Transport and Communications (Departments of Communications and Civil Aviation), published in the Gazette of India, September 15, 1962/Bhadra 24, 1884 (Saka) is appended herewith. New Delhi, 12 November 1962.. 21 Kartika 1884 (Saka). No 5/1962. MINISTRY OF TRANSPORT & COMMUNICATIONS (Departments of Communications and Civil Aviation) NoTIFIcATIoN Vew Delhi, the 8th September 19~~2 G.S.R. 1238.-In exercise of the powers conferred by section 5 of the Indian Aircraft. Act, 1934 (22 of 1934), the Central Government hereby makes the following rules further to amend the Indian Air- craft. Rules 1937. the same having been previously published as re- quired by section 14 of the said Act, namely- 1. These rules may be called the Indian Aircraft (Amendment) Rules, 1962. 2. In the Indian Aircraft. Rules, 1937- (1) For sub-rule (i) of rule 3, the following sub-rule shall be sub~titutecl namely- PAGENO="1065" AIR LAWS AND TREATIES OF THE WORLD 1055 "3. Definition and Interpretation.-(1) In these rules, unless there is anything repugnant in the subject or context (1) "Aerial work aircraft" means an aircraft used for an industrial or commercial purpose or any other remunerative purpose but does not include an aircraft used for public transport (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 build- ings, sheds, vessels, piers and other structures thereon or ap- pertaining thereto; (a) "aerodrome light" means any light exhibited at an aero- drome for the purpose of assisting the navigation or ma- noeuvres of an aircraft or of signalling to or from an aircraft; (4) "Aerodyne" means an aircraft whose support in flight is derived dynamically from the reaction on surfaces in mo~ tion relative to the air, and includes all aeroplanes, heli- copters, gyrop]anes, gliders and kites; (5) "Aeroplane" means a mechanically driven aerodyne supported by aerodynamic react ions on surfaces remaining fixed under the same conditions of flight; (6) "Aerostat" means an aircraft supported in the air statically and includes all airships and balloons; (7) "Aircraft" means any machine which can derive sup- port in the atmosphere from reactions of the air, and includes balloons whether fixed or free, airships, kites, gliders and flying machines; (8) "Airship" means a mechanically driven aerostat hav- ing means of directional control; (9) "air transport service" means a service for the trans- port 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 series of flights; (10) "Amphibian" means an aeroplane capable normally of taking off from and alighting on either land or a solid plat- form or water; (11) "Balloon" means an aerostat not provided with. mechanical means of propulsion; (12) "Class ilating" shall comprise (a) Single-engine, land; (b) Single-engine, sea; (c) Multi-engine, land (1) Multi-engine, sea: (13) "contracting State" means any State which is for the time being a pal'ty 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; (14) "co-pilot" means a licensed pilot serving in any pilot- ing capacity other than as pilot-in-command but. excluding a pilot who is on board the aircraft for the sole purpose of receiving flight instruction; PAGENO="1066" 1056 AIR LAWS AND TREATIES OF THE WORLD (15) "Corporation" means either of the Corporations established under the Air Corporations Act, 1953 (27 of 1953) (16) "course" or "heading" means the direction in which the longitudinal axis of an aircraft is pointed, usually ex- pressed in degrees from North (True Magnetic or compass); (17) "dangerous goods" means any goods, `whether explo- sive or not, which by reason of their nature are likely to endanger the safety of aircraft or persons or things on board the aircraft; (18) "Director-General" means Director-General of Civil Aviation (`19) "dual flight time" means flight time during which a person is receiving flight instruction from a pilot on board the aircraft: (20) "export" means taking out of India; (21) "flight crew member" means a licensed crew member charged with duties essential to the operation of an aircraft during flight time; (22) "flight time" means the total flight 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; No~-Fhight. time as herein defined is synonymous with the term "block to block" time or "chock to chock" time in genera.l usage which is measured from the time the aircraft moves from the loading point until it stops at the unloading pomt; (23) "Flight time in a glider" means the total time occu- pied in flight, whether being towed or not, from the moment the glider first moves for the purpose of taking off until the moment. it comes to rest at the end of the flight; (24) "flight time in free flight" includes flight time in a glider when it is not being towed; (25) "flying machine" means a mechanically driven aero- dyne, and includes all aeroplanes, helicopters and gyroplanes. (26) "Glider" means an aerodyne supported in flight by aerodynamic reactions on surfaces remaining fixed under the same conditions of flight and not provided with mechani- cal means of propulsion; (27) "Government aerocirome" means an aerodrome which is maintained by or on behalf of the Goverument; (28) "Helicopter" means a heavier-than-air aircraft sup- ported in flight by the reactions of the air on one or more power driven rotors on substantially vertical axis. (29) "Import" means bringing into India; (30) "instrument time" means the instrument flight time or the instrument ground time; (31) "instrument flight time" means the time during which a pilot is piloting an aircraft solely by reference to instruments and without external reference points; (32) "instrument ground time" means the time during which a pilot is practising, on the ground, simulated instru- PAGENO="1067" AIR LAWS AND TREATIES OF THE WORLD 1057 ment flight on a mechanical device approved by the Director- General; (33) "landing area" means that part of an aerodrome re- served for the departing or landing of aircraft; (34) "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 tile air or water respec- tively. (35) "military aircraft" includes naval, military and air force aircraft, and every aircraft commanded by a person in naval, military or air force service detailed for the purpose; (36) "normal flight" means flight comprising climbing, horizontal flight, turning and descending, provided, however, that it does not entail abrupt variations in height, or in the attitude of the aircraft; (37) "on the surf a.ce of the water" an aircraft is deemed to be "on tile surface of the water" so long as any portion of it is in contact with the water; (38) "operator" means a person, organisation or enterprise engaged in or offering to engage in aircraft operation; (39) "passengear aircraft", "mail aircraft" and "goods air- craft" means aircraft which effect public transport of pas- sengers, mails or goods respectively; (40) "personnel" in relation to any aircraft means the per- son in charge., t.he pilot, the navigator, the engineer, and all other members of the crew; (41) "petroleum in bulk" means petroleum contained in receptacle exceeding 900 litres in capacity; (49) "Pilot-in-Command" means the pilot responsible for the operation and safety of the aircraft during flight time; (43) "Private aircraft" means all aircraft other than aerial work aircraft or public transport aircraft; (44) "prohibit.ed area" means an area over which the navigation of aircraft is prohibited under rule 12; (45) "public transport" means all `carriage of persons or things effected by aircraft for a remuneration of any nature whatsoever, and all carriage of persons or things effected aircraft without such remuneration if the carriage is effected by an air transport undertaking; (46) "public transport aircraft" means an aircraft which effect public transport; (47) "rating" means an authorisation entered on a licence and forming part thereof, stating special conditions, priv- ileges or limitations pertaining to such licence; (48 "rendering a licence valid" means the action taken as an alternative to issuing a licence, in a.ccepting a licence issued by any other Contra.cting State as the equivalent of an Indian licence; (49 "Scheduled air transport service" shall have the same meaning as in the Air Corporations Act., 1953 (27 of 1953); (50) "Sea.plane" means an aeroplane capable normally of taking off from and alighting solely on water; PAGENO="1068" 1O5S AIR LAWS AND TREATIES OF THE WORLD (51) "solo flight time" means flight time during which a pilot is the sole occupant of an aircraft; (5~) "State aircraft" includes military aircraft and air- craft exclusively employed in the service of the Government, such as posts, customs, police; (53) "subsequent aircraft" means an aircraft which is con- structed 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 airworthi- ness: (54) "take off " includes all the successive positions of an aerodvne from the moment it moves from rest until the mo- ment of starting normal flight (55) "to land" is the action under normal conditions of making contact with the ~round or a solid platform or water by an aircraft equipped for this purpose (56) ~to pilot" means to manipulate the flight controls of an aircraft during flight time; (57) "type of aircraft" means all aircraft of the same basic design including all modifications thereto except those modi- fications which result in a change in handling or flight char- act eristics; (58) "type rating" means a rating for each type of air- craft: (59) "under control" an aircraft is said to be "under con- trol" when it is able to manoeuvre as required by these rules: (60) "visible" as applied to lights means visible on a dark night with a clear atmosphere. (~) For rule, 6, the following rules shall be substituted, namely- "6. Licensing of personnel.-Every aircraft shall carry anti be operated by the persoiinei prescribed in part V and such pei'sonm~el shall be licensed in the manner pi'esci'ibeci in that part. and in Schedule II: Provided that in the case of an aircraft not registered in India. such personnel shall be licensed in accordance with the regulations in force in the State in which the aircraft is registered: Provided further that a trainee pilot who is learning to fly ma fly without a licence any aircraft of an all-up weight not exceeding 1.500 kgs. if (a) the aircraft is fitted with dual controls, (b) a flight instructor is carried on board, (c) prior notice of the fight is a'iven to the persons in charge of the aero(lrOme from which the flight is made and (d) no other l)eI'solI is carried on board the aircraft. 6A. Type of Aircraft to be included in rating.-No ie1~~~ shall fly as pilot of an aircraft which is not included or entered in the aircraft rating of the licence, except as pr0~(Tt'(l in rule GB. 6B. Flights to qualify for extension of a licence.-The holder of a pilot's licence may fly within the Indiaii territory as pilot of an aircraft of type which is not included in the aircraft rating of his licence for the purpose of qualifying for the inclusion of such type: PAGENO="1069" AIR LAWS AND TREATIES OF THE WORLD 1059 Provided that when he is so flying no person shall be car- ried on board the aircraft unless lie is- (a) a person require(I by the rules to be carried as a member of the operatmg crew, or (b) a perso:i who is flying. with the consent of the operator o~ the aiicr;~ft, for the pi:r~ se of being trained as a member of the operating crew, or (c) a pe1~~i1 whose presence may be required on board the aircraft for the p~ir~~ose of imparting or SU1)erViSlofl of training or conduct ing a flight test, or (d) a person who may be specially authorized by the Director General: Provided further that such flights are carried out within 5 nautical miles of a licensed aerodronie or a Government aero- cirome, and prior notice of the flight is given to the person iii charge of the aerodrome from which the flight is made." (3) For sub-rule (3) of rule 19, the following sub-rule shall be substituted, namely- "(3) If the Central Government is satisfied that there is sufficient ground for doing so or, in the case of suspension during investigation that suspension is Ilecessary in the. public interest, it may, for reasons to be recorded in writing- (a) suspend any certificate, rating or licence, or any or all of the privileges of any certiflcate, rating or licence, for any specified period: (b) suspend any certificate, rating or licence during the investigation of any matter: (c) cancel any certificate, rating or licence; or (d) e.ndorse any adverse remarks on any certificate, rating or licence. Noi~.-The decision of the Central Government as to whether any ground constitutes sufficient ground for suspen- sion of the certificate, rating or licence in the public interest under this sub-rule shall be final and binding." (4) In rule 20, for the words and figures, "Rules 5. 6, 7, 12. 15, 17, 19 and 25 shall not apply to gliders", the following shall be substituted, namely- "Rule 7 shall not apply to gliders." (5) For rule 28, the following rule shall be substituted, namely- "28. Minimum age for sole control of aircraft.-No person, being under 16 years of age shall have sole control of a glider in motion and no person un(ler 17 years of age shall have sole control of any other aircraft in motion and rio person shall cause or pelmit any other person to have sole control of an aircraft in motion unless lie knows or has rea- sonable cause to believe. such other person to have attained the age of 16 years in the case of gliders and 17 years in the case of all other aircraft." (6) For rule 38, the following rule shall be substituted, namy- "38. Licensing Authority.-The authority by which the licences and ratings specified below may he granted, renewed PAGENO="1070" 1060 AIR LAWS AND TREATrES OF THE WORLD or varied shall be the Central Government, which may with- hold the grant or renewal of a licence or a rating, if for any reason it considers it desirable to do so- (a) Student Pilot's Licence (for aeroplanes, helicop- ters and gliders), (b) Private Pilot's Licence (for aeroplanes and helicopters). (c) Commercial Pilot's Licence (for aeroplanes and helicopters). (d) Senior Commercial Pilot's Licence (for aero- planes,) (e) Airline Transport Pilot's Licence (for aero- planes), Inst ruinent Rating, (g) Assistant Flight Instructor's Rating (Aero- planes), (h) Flight Instructor's Rating (for aeroplanes, heli- copters, and gliders), (i) Glider Pilot's Licence, (j) Student Navigator's Licence, (k) Flight Navigator's Licence, (1) Student Flight Engineer's Licence, (in) Flight Engineer's Licence, (n) Flight Radio Telephone Operator's Licence, (o) Flight Radio Operator's Licence." (1) After nile ~. tile fOilO\ViIlg iu7e shah be inserted, namely- 38A. Carriage of operating crew.-Subject to the provi- sions, or rules 6, 6A and 013, every aircraft registered in India shall comply with such of the following requirements in re- spect of the personnel which it carries and by which it is operate(i as are applicable to the aircraft and type of opera- tion concerned, namely- (1) p;lot (a) Priva te Aircraft.-Every private aircraft shall be flown by a person holding a valid pilot's licence issued in accordance with Schedule II: Provided that: (i) a private aircraft shall not be flown by a per- son holding a Student Pilot's licence; (ii) a private aircraft shall not be flown by a person holding a Private Pilot's licence for remim- erat ion or hire of any kind; (iii) a private aircraft carrying passengers at night. shall not be flown by a person holding a Pri- vate Pilot's licence, without having a valid Night Rating. (b) Pvblc Transport and Aerial Worle Aircraft.- Every public transport or aerial work aircraft (other than a glider) shall be flown by a person holding an ap- propriate professional pilot's licence, i.e., a Conunercial, Senior Commercial or Airline Transport Pilot's licence issued in accordance with Schedule II: PAGENO="1071" AIR LAWS AND TREATIES OF THE WORLD 1061 Provided that an aircraft other than a glider which is the property of, or is being used by a duly constituted flying club may be flown by a person holding a Student or Private Pilot's licence for the purpose of receiving instructions or of qualifying for renewal of a licence or for issue of a higher category of licence: Provided further that an aircraft other than a glider which is the property of or is being used by, a duly con- stituted flying club flown by a member and carrying a person otherwise than for the purpose of instructing such person in flying shall not for the purpose of this rule, be deemed to be flown for public transport; if however, in respect of such carriage payment is made, either directly or indirectly, to the pilot of the aircraft or the pilot of the aircraft is a paid employee of the flying club, the air- craft shall be deemed to be flown for public transport. (2) Flight Instructor or A~si~ta~t Flight Instructor.-(a) Every aircraft which is being used for the purpose of giving dual instruction in piloting shall carry a person holding an appropriate professional pilot's licence, that is, a Commercial, Senior Commercial or Airline Transport Pilot's Licence or a Glider Pilot's Licence, as the case may be, which has an ap- propriate Flight Instructor's or Assistant Flight Instructor's rating issued in a~eordaiice with Schedule II. (b) No person other than a person having a Flight In- structor's or Assistant Flight Instructor's Rating shall im- part instructions in piloting an aircraft. (3) Flight Narigator.-Every public transport aircraft engaged on a flight without landing over a great circle dis- tance of more than 600 nautical miles, shall carry on board a Flight Navigator license in accordance with Schedule II, if the total distance between any two consecutive radio naviga- tional fixing aids located within 30 nautical miles of the route of the proposed flight and capable of being used by the air- cra.ft is more than 600 nautical miles: Provided that the Director General may require a Flight Navigator to be carried on board an aircraft on any flight. (4) Flight Engineer.-Where a Flight Engineer is re- quired to be carried on board an aircraft as flight crew mem- ber under sub-rule (7), he shall be a person holding the appropriate licence in accordance with Schedule II. (5) Flight Radio Operator.-A-n aircraft which is required to be equipped with radio apparatus in accordance with rule 63 shall carry, in addition to the pilot and whether or not it participates in the international service of public transport, a person holding a Flight Radio Operator's licence, issued in accordance with Schedule II, to operate radio apparatus on such aircraft: Provided that the Director General may, for such period and subject t.o such terms and conditions as he may determine, permit the operation of radio apparatus in any aircraft by a person holding a Flight Radio rielepholie Operator's licence. PAGENO="1072" 1062 AIR LAWS AXD TREATIES OF THE WORLD (6) Flq7~t f?u71o Telephone Opei'atoi'.-An aircraft. which is equipped or required to be equipped with radio apparatus in accordance with rule 63 and whicli communicates by radio telephony, shall carry a person holding a. Flight. Radio Tele- pl~o11e Operator's licence issued in accordance with Schedule II, to operate radio apparatus on such aircraft. J) JIi~iiu'm eiew foi any fiighit.-The number and description of the flight crew members ope.rat.mg any flight of an aircraft registered in India shall be (a) if a certificate of airworthiness in respect of the aircraft is in force, at least the number and description of persons specified as the minimum operating crew for that aircraft in the certificate of airworthiness; (b) if no certificate of airworthiness in respect of the aircraft is in force, but a certificate of airworthiness in respect of that aircraft has previously been in force, at least the number and description of persons specified as tlìe minimum operating crew in the certificate of air- worthiness last in force of that aircraft; (c) if no certificate of airworthiness in respect of t.he aircraft is or has been in force and aircraft. is a series aircraft conforming with a prototype or prototype (modified) aircraft in respect. of which a certificate of airworthiness has been issued, at least the number and description of pelsolis specified as the minimum operating crew in that certificate of airworthiness; (d) in all other cases, at least such number and cle- seril)tion of persons sufficient. to ensure the safety of the aircraft as ma. he approved by the Director General." (8) Rule 39 shall be omitted. () For rule 39X, the following rule shall be substituted, nanielv "39A. Disqualification from holding or obtaining a licence.-( 1) where the licensing authority is satisfied a.fter 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 and the like, or (b) is using, has used or is about to use an aircraft in the commission of a cognizable offence or in contraven- tion 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 t.o endanger the safety of the aircraft or any person or thing carried therein, or of other aircraft or persons or things on the ground, the licensing authority may, for rea.sons t.o be recorded in writing, make an order disqualifying that person for a spec- ified period from holding or obtaining a licence. (2) The Central Government may de.bar a person perma- nently or temporarily from holding any licence mentioned in rule 38 if in its opinion it is necessary to do so in the public interest. PAGENO="1073" AIR LAWS AND TREATIES OF THE WORLD 1063 (3) Upon the issue of any order unde.r sub-rule (1) or sub- rule (2), the person affected, if he is the holder of a licence, shall forthwith surrender his licence to the licensing author- ity, if the licence has not already been surrendered. The licensing authority shall keel) the licence until the expiry of the period for which the person has been disqualified or cle- barred or if he has been debarred permanently, for a period of 5 years." (10) For rule 30B, the following rule shall be substituted, iniiielv "39B. Medical standards.-(1) No licence~ or rating re- ferred to in rule 33, required for any of the personnel of the aircraft shall be issued or renewed unless the applicant under- goes a medical examination with an approved medical au- thority and satisfies the medical standards as notified by the Director General: Provided that if in the Opmion of the approved medical authority the condition of the applicant is not such as to introduce any hazard either of sudden incapacity or of in- ability to perform his duties ~afe.l during the peijod of valid- its- of his licence or rating and failure o attain the require- ment is capable of being compensated and the I)irector Gen- eral has satisfactory evidence that the applicant has already acquired anti demonstrated his abiTity, skill and experience which compensate for his deficiency, the licence or rating may be renewed or endorsed with any special limitation when the safe performance of flight duties is dependant. on compliance with such limitations: Provided further that, in the case of a member of the oper- ating crew of an aircraft engaged in public transport or aerial work who is on duty in the territorv of a foreign country where medical centres recognised by the Director General do not exist., the Director General may renew the licence or rat- ing for two consecutive peiiocls of three months each without the candidate having successfully undergone the prescribed medical examination if such candidate produces a medical certificate from a registered practitioner in modern medicine declaring his fitness in accordance with the prescribed medical standards. (2) The Director General may require a member of any flight crew to undergo a medical examination by any Medical Authority at any time, if, in his opinion, such examination is necessary in the interest or safety of operations." (11) For rule 41, the following rule shall be substituted, iiamel v "41. Proof of competency.-Applicat ions for licences and ratings shall produce proof of having acquired the flying experience and having passed satisfactorily tile tests and examinations specified in Schedule II in respect of the licence or rating concerned: Provided that a person who is a qualified pilot from the Indian Air Force and who produces satisfactory evidence to show that he possesses the necessary flying experience, corn- ;~-7:~T----(~---vI. 1--G PAGENO="1074" 1064 AIR LAWS AND TREATIES OF THE WORLD petency and standards of physical fitness as required under these rules may be exempted from all or any of the flying tests and from medical or other technical examinations (a) by the Director General, in respect of the issue of Private Pilot's and Commercial Pilot's licence, and (b) by the Central Govern- ment, in respect of the issue of the Senior Commercial and Airline Transport Pilot's Licences: Provided further that a person to whom a licence of a particular class has been issued by the competent authority in a contracting State may be exempted by the Director Gen- eral from all or any of the flying tests or technical examina- tions required for issue of a licence if his flying experience and competency are not less than the flying experience and competency laid down in Schedule II in respect of the cor- responding licence under these rules. If he is the holder of a current licence, he may be further exempted from medical examination for the period for which his licence is current: Provided further that in the case of a licence issued under any of the preceding provisions, only such type or types of aircraft shall be entered in the aircraft rating of the licence as in the opinion of the Director General the applicant has sufficient and satisfactory experience and competency to fly: Provided further that the Director General may, on ex- amination of the syllabi, determine the relative equivalence of tecimical examinations for gra.nting exemptions to appli- cants from passing the examinations required under Schedule II: Provided further that the Director-General may require any candidate, training establishment or operator to produce for examination all relevant training records, including the syllabi, certificates, mark-sheets, flight-test reports assess- ments, etc., in respect of the candidate who has undergone a course of training, examination or flight-test, etc., with such training establishment or operator." (12) After rule 41, the following rule shall be inserted, namely: "41A. Checks, Tests and Examinations.-(1) The Direc- tor General may conduct examinations specified in Schedule II, may fix examination centres within India, appoint in- vigilators and lay down the procedure for conducting the examinations. (2 The Director General may appoint Examiners for car- rying out flying tests and technical examinations required under Schedule II and may also appoint a Board to conduct oral examinations when necessary. (3) The Director General may determine the manner in which the proficiency checks shall be carried out and may approve check pilots and examinees for this purpose. He may require their reports to be submitted to him in respect of any flying test on any aircraft for which an aircraft rating is desired on a licence or which is entered in the aircraft rating of the licence and the renewal of which is desired or for checking proficiency at any time in respect of any aircraft included in the aircraft rating of the licence. PAGENO="1075" AIR LAWS AND TREATIES OF THE WORLD 1065 (4) The Director General may debar permanent.lyor tem- porarily a candidate from any flying test or examination if, m his opinion, the applicant has adopted unfair means during the test or examination. (5) The Director General may declare any flying test or examination conducted by a Check Pilot or any Examiner or a Board, null and void, if in the opinion of t.he Director General the test or the examination has not been carried out to his satisfaction, and require the tests or examination to be carried out again by another Check Pilot or Examiner or a Board. The Director General may also take such action against the check Pilot or examiner as he may deem fit under rule 19. (6) If a licence holder or a candidate for a licence or rating has failed in any flying test subsequent to any flying test successfully undergone by him for issue or renewal of the licence or rating, the previous test as far as it is affected by the subsequent flying test in which he has failed, will be considered invalid from the date of the subsequent test and the privileges accruing as a result of such earlier test shall be deemed to have been withdrawn. (7) Detailed syllabi for the technical examinations for the issue of flight crew licences and ratings shall be laid down by the Director General." (13) For rule 42, the following rule shall be substituted, namely "42. Licences and their renewal.-The licences and rat- ings mentioned in Rule 38 may be issued or renewed for any period not exceeding the period specified in Schedule II in respect of each licence or rating: Provided that. if, on the date of application for renewal, the licence. or ratIng had expired for the periO(1S specified be- low, the applicant may be required to qualify in or complete the examinations and te.sts specified against them and such other examinations and tests as the l)ireetor-General may consider nceessary to demonstrate the applicant's competency to hold that licence or rating- (a) for a period ex- Air Regulations and tests of ceeding 2 years but not skill, exceeding 3 years. (b) for a period ex- All examinations and test.s re- ce.eding 3 years. quired for the issue of the licence, or rating: Provided further that. the Director General may, before the renewal of a licence or a rating, require an apj)hicant to satisfy all or any of the requirements for the issue of licenc.e or a rating of the same class, if, in the opinion of the I)irector- General, the competency of the applic.nnt~ is below the standard required for the licence or rating; Provided further that, in the case of a pilot or a flight engineer, the Director General may, when renewing a licence or a rating, delete any type of aircraft entered in the aircraft PAGENO="1076" 1066 AIR LAWS AND TREATIES OF THE WORLD rating if lie is satisfied that the. holder of the licence. (Toes not have reasonable. recent flying experience or (Toes not possess the required stan(Tar(l of competency on that tpe of aircraft.. (~) The holder of a licence shall not exercise the privileges of his licence without being declared fit after a fresh medical examination in the event of his having- a) a sickness or injury involving incapacity for a period of fifteen days or more for the work for which he is licensed : or b) an injury sustained in any acci(lent occurring dur- ing the exercise of the privileges of his licence or other- wise and which is likely to cause incapacity or impair his efficiency in the. discharge of his duties. The licence holder or his employer shall immediately notify all the relevant details of the sickness or injury to the Director General. (*5-~) The licence of a peison disqualified under sub-rule (2) shall be (Teemed to be invalid until the holder passes a fresh medical examination. (4) The. holder of a licence shall not exercise the privlleges of his licence during am pellio(l when he is aware. that his p~~~sj~l condition has deteriorated below the standard re- quire(l for that cate~orv of licence. (14) Rule 4i shall be omitted. (1.~) For rule 47. the following rule shall be substituted, namely "47. Minimum age for holding a Licence.-The. minimum age of ~ l)C1~0fl who is otherwise qualified and to whom a licence may he grante(l shall be as laid down in Schedule II. (1G) For rule 48, the following rule shall be substituted, namely "48. Fees and other Charges.-(1) The following fees shall be paid for the issue, renewal, validation or re-validation of licence.s and ratings or the issue of duplicate licence.s and for the tests and examinations laid (TOWn in these rules for such lic.ences and ratings: Fee for issue, Fee for validation Description of Licence! Technical renewal or rating examinations re-validation and issue of duplicates Rs. Rs. 1. Student pint's licence 2. Private pilots licence 3. Commercial pilot's licence 4. Seni~r Commercial Pilot's Licence S Airline Transport Pilot's Licence 0. iss~runent Rating .\~snt1nt Flioht Instructor's Rating C. Flight Instructor's Rating. 9. Fxrensi~n of aircraft rating fur each type 10. Glider Pilots Licenc ii. Student Navigators Licence 12. Flight Navigaters licence 13. Student Flitrtst F.ngineers Licettce 10/- 20/- 30/- 30!- 15/- 10/- 15! 5/~ ~y_ 30/- 30/- 30/'- 5/- 10/- 10/- 10/- 5/- 5/- 5/ 5/- IF 5!- 10/- 5/- 14. Flight F.ngineers Licence 15. Flight Radio Telephone Operator's Licence (Pros-i- 30/- 10/- 10/- siul1al~ 11!. Flight Radio Telephone Csperator's Licence 10/- 17. Flight Radio per/tore Licence-Provisional 20,~- is. Flight Radio Operators Licence 20/- 10/- 5!- 10/- PAGENO="1077" AIR LAWS AND TREATIES OF THE WORLD 1067 (2) For all the flying tests, the candidate shall be required to provide the aircraft and bear all charges iii respect of the flight. If a. Govermnent. examiner is carried on board. during the flying tests, a fee at the rate of Ills. 1) i-per hour or part of an hour so flown, shall be paid to the Central Govern- nient. (3) The fees for the medical examinations conducted by the. official Medical Board shall be Paid in lie m~inner as pre- sc.ril)ecl and notified by the I)irector General. (4) Every application for technical examination or the is- sue, validation, renewal or re-validation of I icences and rat- ings or the issue of (luplicate licences and rating shall be panT in the manner prescrilecl and notihe(l by the Director General. (i~) W~hen in any case the licence or rating is not issued, validated, renewed or re-validated or ~i (luplicate licence or rating is not, issued, the Central Government max- order the refimcl to the applicant. of ~ proportiomite. pii1~ of tIre sum paid ~is fees." (11) Sub-rule (10) of rule 67 shall be omitted. (18) After rule 61, the following rules shall be inserted, namely: "67A. Log Books of Flight Crew Personnel and logging of Flight time.-(1) Every member of the Flight Crew licensed under these rules shall maintain a personal log book, in the form prescribed by the Director General, and all flight times shall be logged therein. (2) All entries in log books shall be made in ink. (3) Log books shall be preserved for not. less than 5 years after the date of the last. entry therein. (4) Every membe.r of the Flight Crew shall certify the accuracy of the entries in his log book with respect to flight time at least at. the end of each calendar month. The Pilot-in- command during dual instruction shall certify entries with respect. to flight, time (hiring such dual instruction. At. the end of every quarter in a ear, that. is at the end of March, ,Tune, September and December, log books shall he certified for correctness of entries therein. (a) by competent authorities, such as. the Operations Manager, Deputy Operations Manager. or Chief Pilot, of the Company or Corporation concerned, in the case of professional pilots, (b) by the Chief Flying Instructor, in the case of members of the Club, and (c) by Aerodrome Officers, Assistant Aerodrome Offi- cers or sucl~ other officers as may he (lesi~na ted by the Di- rector General, in the case of all other persons. 0) Flight, time during which a pilot is under dual in- str~ic1ion shall be. entered in his log 1)00k as ~(iuaI and the pilot, giving instruction sh~i1 make entries in the log 1)00k of the pilot, under instruction slioiving the nature of the instruc- tion given. PAGENO="1078" 1068 AIR LAWS AND TREATIES OF THE WORLD (6) Flight time spent in performing under supervision of a pilot-in-command the duties and functions of a pilot-rn- command may be logged as pilot-in-command provided the person is entitled and authorised to fly in command of that type of aeroplane by virtue of the ratings and privileges of his J)ilot.s licence. In all other cases, such flight time shall be logged as co-pilot with appropriate indication in the remarks colu nm. (7) The holder of a Student Pilot's licence may log as pilot-ii~-comii~anl only that. portion of the flight time during which he is the sole occupant of an aircraft provided that, in the case of an aircraft which requires more than one. pilot in accordance with sub-nile (7) of rule 38A and rule 6B, he. may log as Pilot-in-Command that portion of the flight time dur- ing which lie acts as pilot-in-command of the aircraft. (8) The holder of a Private Pilot's licence may log as pilot- in-command only the flight time during which he acts as pilot-in-command. (9) The holder of a Commercial, Senior Commercial or Airline Transport. Pilot's licence may log as pilot-in-com- mand the flight time (luring which he. acts as pilot-in-com- mand. He shall log as co-pilot the flight time during which he acts as co-pilot. (10) A Flight Instructor may log as pilot-in-command the flight time during which he acts as an Instructor but the log entries shall indicate in the remarks column that the flight time was flown as an Instructor. (11) Instrument flight time may be. logged by t.he pilot manipulating the controls of an aircraft in flight only when the aircraft is flown solely by reference to instruments, either under actual or simulated instrument flight conditions. Over- the-top flying shall not be logged as instrument flying time. (12) Instrument ground time ma.y be logged in full by t.he pilot, while flying solely by reference to instruments, hi any recognized synthetic device which simulates instrument flight conditions. (13) A pilot who acts as Examiner or Check Pilot may log as pilot-in-command the flight. time. during which he so acts, provided lie is entitled a.nd authorised to fly in command of that type of flying machine by virtue of the ratings and privilege.s of his pilot's licence. (14) A Flight. Navigator shall log the flight time as a Flight Navigator during which he is engaged in actual navi- gational duties. Flight time during which a Flight Naviga- tor performs actual navigational dutie.s under supervision of a licensed Flight Navigator shall be logged as a Flight Navi- gator with the indication "under supervision" in the. remarks column. (15) A Flight Engineer ~`hall log the flight time as a Flight Engineer during which he is engaged in actual Flight Engi- neer's duties. Flight time during which a Flight Engineer performs actual Flight Engineer's duties under supervision of a licensed Flight Engineer shall be logged as a Flight Engi- PAGENO="1079" AIR LAWS AND TREATIES OF THE WORLD 1069 neer with indication "under supervision" in the remarks column. (16) A Flight. Radio Telephone Operator/a Flight Radio Operator shall log the flight time as Flight Radio Telephone Operator/Flight Radio Operator as the case may be, during which he actually performs the duties of a Flight Radio Tele- phone Operator/Flight Radio Operator. 67B. No person shall destroy, mutilate, alter or render illegible auy entry made, or wilfully make or procure or assist in the making of any false or fraudulent entry in or omission from any log book referred to in rules 67 and 67-A." (19) For Schedule II, the following Schedule shall be sub- stituted, namely: SChEDULE II (~S~ee Rule 7 and Part V) SECTION A. GENERAL 1. (a) The evidence normally required as proof of flying expe- rience shall consist of the production of a personal log book certified by the appropriate authority specified in sub-rule (4) of rule 67A, or of a certified extract therefrom in the form which may be prescribed by the Director General. Such flying experience shall be to the satisfac- tion of the Director General. (b) Flying experience required for issue of Private Pilot's and Commercial Pilot's Licences shall be acquired under tile supervision of a Flight Instructor and shall be on aircraft having valid Certifi- cates of Airworthiness, inaint.aine.d in accordance with rules 57 to 60 of the Indian Aircraft Rules. 1937. and entered in the Aircraft Rating of Pilot's licence currently held by him. 2. The evidence of air navigation experience required in para. 1(b) of section 0 of this Schedule must be produced in the form of person- nel log book, certified by a specified authority, or a certified extract therefrom in the prescribed form and navigation logs, charts, and working of astronomical observations. Such air navigation expe- rience shall be to tile satisfaction of the Director General. 3. Flight by night for the. purpose of this Schedule, except where otherwise stated, means flight performed between the period of one hour after sunset and one hour before sunrise. 4. A cross country flight for the purpose of this Schedule except sections B and C and where otherwise stated means a. flight, of not less than 100 nautical miles from the aerodrome from which the flight started, whether over land or sea. 5. The flying tests prescribed in this schedule may be carried out in any order. In each flying test, unless otherwise specified, an approved examiner shall be on board t.he aircraft.. A barograph shall be carried on all flying tests, carried out in gliders, helicopters and single-engined aircraft, unless exempted by the Director General. 6. The technical and other examinations together with other require- ments for a licence or rating under this Schedule., must be completed within a period of two years immediately preceding the date of appli- cation for license or rating unless otherwise specified. PAGENO="1080" 1070 AIR LAWS AND TREATIES OF THE WORLD 7. Notw~tlistanding what has beeii stated in paragraph 6, the Tech- meal excaninatiolls in aircraft and engines for inclusion of a type of aircraft in the aircraft rating of a licence under this Schedule shall have been (olnplete(l with in a peliocI of 1~ months immediately preced- ing the date of application. ~. An ipj~11cant who fails to ~ in any subject of time rfeclmnical examinations specified in ~ 1 under ~knowledge" of relevant sections of this Schedule, in three attempts will be required to take the whole exiunination again. 9. An applicant who fails in any subject of the technical examina- tions specified in this Schedule, shall not be permitted to appear for re-examination within a pei'iocl of three months or such lesser period as may be ~pecified by the Director General. lu. The candidate shall, on demand by the Examiners, furnish, be- fore each test, proof of identity. 11. (a) Xp~)llcat ion for issue/validation/renewal or re.validation of a license and/or rating shall be made either to the Director General of Civil Aviation, New Delhi or to any other authority designated by bini on a prescribed form. (b) Such applications for the issue of license or rating shall be accompanied by- (i) three unmounted photographs, a size 3 ems x 4 cms of the applicant's head (uncovered) and shoulders in front view; (ii) necessary medical certificates, and examiner's reports where thie~e have not been sent dlirect iii ) treasury receipt for the repayment of the prescribed fee; (iv) proof of age and any other particulars and information as required by the Director General. SECTION B. STITDENT PILOTS LICENSE (For Aeroplanes, Helicopters or Gliders) 1. Requirements for issue of Licence.-An applicant for a Stu- dent Punt's License shall satisfy the following requirements- (a) Age.-He shall be not less than 16 years of age on the date of application if he is an applicant for a Student Pilot's License for Gliders and not less than 17 years on that date in other cases; (hi 31 u/~ca7 Fitnc~.s.-1Te shall produce on a I)rescribe(l proforma a certificate of physical fitness from a registered medical practitioner after undergoing a medical examination, during which he shall have established his medical fitness on the basis of compliance with the requirements as notified by the Director General under rule 39 B; c) Ki,ow7d~e.-He shall pass an oral examination in the follow- ing sui)jects unless he has held a pilot's license of a higher order:- tii' R((1U71t;UiI-5.-inclllcling flight rules and air traffic control practices and procedures mainly pertaining to local and cross-country flights under visual Flight Rules; (ii) Air Xaz'iyatIon.-eiementa.ry prmciples of air navigation, including elementary knowledge of aeronautical maps, magnet- ismn, magimetic compasses, simple navigational instruments and Simple flight planning; (iii) Aviation, Jleteoroiogy.-eiementary knowledge of me- teorology; PAGENO="1081" AIR LAWS AND TREATIES OF THE WORLD 1071 (iv) A ~icraft ai~d Ei~gines.-including elementary knowledge of aerodynamics and theory of flight, aircraft, engines, instru- ments awl operating limitations pertaining to the type of aircraft concerned. i~oTE.-l. The examination shall be conducted by a Board consti- tuted and approved by the Director GeneraL 2. A candidate who has passed the examinations mentione(l in sub- clauses (i) and (iv) will be deemed to satisfy the requirements in respect of knowledge for the issue of this license. 2. Validity.-The period of validity shall commence from the date of issue or renewal of the license. The license shall be valid for a period not exceeding 12 months from the (late of medical examination. ~ license shall lapse on the holder obtaining a pilot's license of a higher order for the same category of aircraft. 3. Renewal.-The licence may be renewed for a period not exceed- ing 12 months from the date of a fresh medical examination, subject to the total validity of the license, not exceeding 24 months from the date of issue. 4. Aircraft Rating.-The licence shall iiidicate tile class and the type of aeroplanes or helicopters or gliders the holder is entitled to fly. 0niy those types of aircraft may be entered in respect of which the candidate has passed the examination in Aircraft and Engines mentioned in paragraph 1 (c) Provided that in respect of aeroplanes, aircraft rating shall not in- chide types of aeroplanes having an all-ill) weight eXcee(ling 1.500 kgs. except where a student pilot has previously held a higher order of pilots license for aeroplanes having aircraft rating on that type. 5. Privileges.-Subject. to the validity of endorsements and ratings in the license the holder of a. Student. Pilot~s License is entitled to fly within indian territory only, as l)ilot-iui-command of any aeroplane, helicopter or glider entered in the aircraft rating of his license: Provided that- (a) he shall fly at all times under the. authority and super- vision of a. Flight Instructor or an Approved Examiner; (b) he shall fly under Visual Flight Rules only: (c) he shall not carry passengers, animals and goods or fly for hire, reward or remuneration of any kind; (d) he shall not undertake cross-country flights unless lie has a minimum of 10 hours of solo flight time and has passed the ex- aminations mentioned in sub-clauses (ii) and (iii) of clause (c) of paragraph 1. N0TE.-Cross-courìtry flight. in this section means a fli~ht to a point beyond a radius of 15 natuical miles from the aerodrome of departure. SECTION C. PRIVATE PILOTS LICENSE (AEROPLANES) 1. Requirements for Issue of Licence.-An applicant, for a Private Pilot's License. shall satisfy the following requirements: (a) Age.-He shall be not less than 17 years of age on the date of application: (b) 2lJedica7 F~t'ness.-He shall produce on a prescribed proforma a certificate of physical fitness from a registered medical practitioner after undergoing a medical examination during which lie shall have PAGENO="1082" 1072 AIR LAWS AND TREATIES OF THE WORLD established his medical fitness on the basis of compliance with the re- quirements as notified by the Director General under Rule 39 B; (c) Knowlec/ge.-lIe. shall pass a written examination in the fol- lowing subjects- (i) Air Regula.tions.-including flight rules, air traffic control practices and procedures and regulations concerning operations of private aircraft; (ii) Air Navigation.-elementary principles, including elemen- tary knowledge and use of aeronautical maps and charts, time, magnetic compasses, simple navigational instruments, radio aids, visual a.nd D. R. Navigation and simple flight planning. (iii) Aviation d[eteoro7og~'.-element.ary aviation meteorology including significance of aerodrome meteorological observations and warnings; elementary knowledge in reading meteorological charts and of meteorological procedures relating to cross-country flights; salient features of Indian climatology; (iv) Areraft and Engines .-Including elementary knowledge of aerodynamics and theory of flight., aircraft., engine, instru- ments, operating limitations, handling, care and preflight irisp~- tion. The examination shall also include questions pertaining to the class a.nd the type of aeroplane for which an aircraft rating is desired; (v) Seamanship .-Important a bbrevi at ions used in Admiralty charts; Regulations for preventing collisions at sea; lights to be ca.rrie.d by ships a.nd seaplanes; Uniform system of Buoyage; Meaning of High Water (11W), Low Water (LW), Mean High Water Springs (MHWS), Mean High Water Neaps (MHWN), Mean Low Water Springs (MLWS), Mean Low Water Neaps (MLWN) and chart Datum-applicable only to aircraft rating to include amphibians and seaplanes. (d) Experience.-He shall produce evidence of having satisfac- torily completed as a pilot of an aeroplane not less t.han 40 hours of flight time, dual and solo which shall include- (i) not less than 20 hours of solo flight time; (ii) not less than 5 hours of cross-country flight time, as the sole occupant of an aeroplane, including a round-trip flight to an aeroclrome not less than 75 nautical miles distance from the point of departure and including not less than 2 full-stop landmgs at different points along the. route; (iii) not less than 10 hours of solo flight time completed within a period of 12 months immediately preceding the date of appli- cation for the licence and must include tile cross-country flight time mentioned in clause (ii). N0TE.-1. "Cross-country flight for purposes of sub-clause (ii) means a flight, to a point beyond a radius of 40 nautical miles from the aerodrome of departure." 2. Flight time required uiider sub-clauses (ii) and (iii) may be in- cludeci in the total solo fli~lit time m(lica.ted in clause (i). (e) SkilL-He shall have demonstrated his competency to the sat- isfaction of the Examiner by undergoing the following flying te.sts on tile type of aeroplane to which tile application for licence relates within a. period of 6 months immediately preceding the date of such applica- tion- PAGENO="1083" AIR LAWS AND TREATIES OF THE WORLD 1073 The Flying Test shall include preflight, inspection and ground handling of aeroplanes; take-offs, climb and general flying; de- scent and glide; stalling, spinniiig and recovery; landing and emergency manoeuvres including simulated engine failure on take-off, etc.; For multi-engine aeroplanes the test shall include all manoeu- vres used in normal flight with symmetric and asymmetric power; approach, landings and overshoot with one or more engines in- operative. No'r~.-St.alling and spinning shall be carried out. only on the types of aeroplanes approved and from the minimum altitude laid down by the Director General. 2. Validity.-The period of validity shall commence from the date of issue or renewal of the license. The license shall be valid for a period not exceeding 24 months from the date of medical examina- tion, if the applicant is below 38 years of age and not exceeding 12 months from the date of medical examination if the applicant is 38 years of age or above except where an applicant is medically examined for the renewal of his license during 30 days immediately preceding the date of expiry of the license, full period of validity, as applicable, may be allowed from the dat.e of expiry. 3. Renewal.-The licence may be renewed on receipt of satisfactory evidence of the applicant- (a) having undergone a medical examination in accordance with clause (b) of paragraph 1; (b) having satisfactorily completed not less than 5 hours of flight time as Pilot-in-Command within a period of 12 months immediately preceding the date of application for renewal or in lieu thereof, having satisfactorily completed the flying tests as laid down in para 1(c) above within the same period. 4. Ratings: (a) A~reraft Ratin.g.-The license shall indicate the class and the types of aeroplanes the holder is entitled to fly. An open rating for all conventional types of aeroplanes having an all-up weight not exceeding 1,500 kgs. may also be granted, if he has completed not less than 250 hours of flight time as Pilot-in-Command and has at least four different types of aeroplanes entered in the aircraft rating of his licence; (b) Night Ratinq.-Night Rating entitles the holder to carry pas- sengers at night. Conditions for the issue of this rating are detailed below- (i) He must have completed not less than 50 hours of flight time as Pilot-in-Command, and as sole manipulator of the con- trols, including not less than 5 hours by night, which must in- clude a minimum of 5 take-offs and 5 landings carried out within the preceding 6 months of the date of application; (ii) He must have completed a dual cross-country flight by night of at least 75 nautical miles with an intermediate landing before he can be permitted to undertake solo cross-country flights by night. (iii) He must have completed not. less than 5 hours of dual instructions in instrument flying, which may include not more than 21/2 hours on an approved synthetic flight trainer. PAGENO="1084" 1074 AIR LAWS AND TREATIES OF THE WORLD X0TE.-Night rating is valid only when the holder has within a period of 6 months immediately preceding the intended flight carried out 5 take-offs and 5 landings by night as Pilot-in-Command. (c) In~s ti~u~i~ e nt Va tin g.-Jnstrurnent. Rating entitles the holder to fly under Instrument Flight Rules. The standard of medical fitness and the conditions for the issue of this ratin~ are laid down in Section G. 5. Extension of Aircraft Rating.-For extension of the Aircraft Rating to include an additional type of aeroplane, an applicant shall be required to produce evidence of having passed a written examina- tion in aircraft and engines, as mentioned in clause (c) of paragraph 1 mci of having satisfactorily completed the flying tests as laid down in clause (e) of that paragraph, in respect of the type of aeroplane for which extension of Aircraft Rating is desired. The flying test shall have been completed within a period of 6 months immediately preceding the date of application for extension of the Aircraft Rating. 6. Privileges.-Subject to the validity of endorsements and ratings in the. license, the privileges of the holder of a. Private Pilot's license, shall be to act. but not for remuneration, as Pilot-in-Command or as Co~pilot. of any earoplane, which is entered in the Aircraft Ratmg of his licence. and carry passengers therein, provided that no flight is undertaken for hire or remuneration of any kind whatsoever and provided further that passengers are carried by night only with a valid night rating and no flight is undertaken under Instrument Flight Rules without a current instrument rating. SECTION D. COMMERCIAL PILOT'S LICENCE (AEROPLANES) 1. Requirements for Issue of Licence.-An applicant for a Com- mercial Pilot's License shall satisfy the following requirements: (a) J~'e.-He shall be not less than 18 years of age on the date of application: (b) ifed~a7 Fifne.~.-He shall produce on a prescribed proforma a certificate of physical fitness from an approved Medical Board after undergoing a medical examination during which he shall have estab- lished his medical fitness on the. basis of compliance with the require- mllent~, as notified by the Director General under Rule 3DB: (c) Knowledye.-lle shall pass a written examination in the fol- lowing subjects- (i) Aii~ Regu7ations.-including general flight rules, air traffic control practices and procedures and regulations concerning oper- ations of aircraft, aerodromes, search and rescue; rules concerning air transit, customs and health; and knowledge of communica- tions and navigation facilities; (ii) Au' ~IVa ~;(7(~1t/Ofl-elen~1e1ftai'V knowledge of theoretical and practical air navigation including knowledge and use of aeronau- tical maps and charts, simple projections, time, magnetism, com- passes, navigational instruments. radio and radar aids, visual and D.R. navigation, plotting and flight planning; (iii~ A riaton JIeteoi'alo -elementary aviation meteorology including significance of aerodrome meteorological observations and warnings: basic knowledge ov aviation weather codes and plotting; elementary synoptic meteorology including simple inter- PAGENO="1085" AIR LAWS AND TREATIES OF THE WORLD 1075 pretation of weather charts; elementary knowledge of Indian cli- matolo~v and of meteorological procedu res relat i iig to aviation. (iv) A i'i'aft and Enghie~-including elementary knowledge of aerodynamics and theory of flights: general principles and ele- mentary knowledge of design, construction, niainteiiance and oper- atioii of aircraft, engine and instruments: ancillary systems (e.q. fuels, hydraulic, etc. etc.) and emergency systems. installations and equipment : basic knowledge of fuel and lubricants; loading of aircraft, weight distrbution and its effect on flight character- istics; operating limitations, handling care and preflight inspec- tiori. The examination shaH also include questions pertaining to the class and the type of aeroplane for which an aircraft rating is desired (v) Sgn a/s (Practiccil) -Transmission and interpretation of aural and visual signals; (vi) A~ea1mansh ~p-important abbreviations use in Admiralty charts: Regulations for preventing collisions at sea; lights to be carried by ships and seaplanes; Fniform system of Buoyage; A general knowledge of Tides: Meaning of 1-Ugh Water (11W), Low Water (LW). Mean High Water Springs (MIIWS), Mean High Water Neaps (HMWN), Mean Low Water Springs (MLWS), Mean Low Water Neaps (MLWX) and chart Datum applicable to aircraft rating to include amphibians and seaplanes. (d) Ex,eren ce.-lIe shall produce evidence of having satisfactorily completed as a pilot of an aeroplane within a period of 3 years imme- diately preceding the date of application for licence not less than 250 hours of flight time, which shall include (i) not less than 150 hours of flight time as Pilot-in-Command of which not less than 50 hours shall have been completed within a period of 12 months immediately preceding the date of appli- cation for licence; (ii) not less than 5 hours of cross-country flight time as dual and 25 hours of cross-country flight time as Pilot-in-Command including one flight of not less than 300 nautical miles in the course of which not less than 2 full stop landings at different points shall he made; (iii) not less than 10 hours of instrument time of which not more than 5 hours may be on an approved synthetic flight trainer; (iv) not less than 5 hours of flight time by ni~ht including a minimum of 10 take-offs and 10 landings as Pilot-in-Command and as sole manipulator of controls carried out within 6 months immediately preceding the date of application for licence. (e) OtlierReqvirem.ents.-He shall be in possession of a current Cer- tificate of Competency for operation of radio telephony apparatus on hoard an aircraft as issued by the Ministry of Transport and Commu- nications under the Indian Wireless Telegraphy (Commercial Radio Operators Certificates of Proficiency and licence to operate Wireless Telegraphy) Rules, 1954. (f) S1~ili.-He shall have demonstrated his competency to the satis- faction of the Examiner by undergoing the following flying tests on the type of aeroplane to which the application for licence relates within a pe~iod of 6 months immediately preceding the date of application- (i) General Flying Test by Day shall include preflight inspec- PAGENO="1086" 1076 AIR LAWS AND TREATIES OF THE WORLD tion and ground handling of aeroplanes; take-offs, climb and general flying; descent and glide; stalling, spinning and recovery; landings and emergency manoeuvres including simulated engine failure on take-off; For multi-engine aeroplanes the test shall also include at maxi- mum land ng weight all manoeuvres used in normal flight with symmetri~ and asymmetric power; approach, landings and over- shoot with one or more enoines inoperative No'rii.-(l) Stalling anI spinning shall be carried out only on the types of aeroplanes approved and from the minimum altitude laid down by the Director General. (2) Exercise on engine failure on take-off may not be carried out for aeroplanes having an all-up weight exceeding 5,700 kgs. (ii) General Flying Test by Night shall include take-offs, land- ings, general flying and emergency manoeuvres; For Multi-engine aeroplanes the test shall also include at maxi- mum landing weight all manoeuvres used in normal flight includ- ing use of asymmetric power; landing and overshoot with one or more engines inoperative; (iii) Cross-Country Flying Test by Day shall consist of a flight on a stipulated route of not less than 250 nautical miles, and in the course of which at least one full stop landing on a designated aerodrome along the route shall be made; (iv) Cross-Country Flying Test by Night shall consist of a flight on a stipulated route of not less than 120 nautical miles, returning to the place of departure without landing elsewhere. 2. Validity.-The period of validity shall commence from the date of issue or renewal of the licence. The licence shall be valid for a period not exceeding 12 months from the date of medical examination, if the applicant is below 38 years of age and not exceeding 6 months from the date of successful examination, if the applicant is 38 years of age and above, except when an applicant is medically examined for the renewal of his licence during 30 days immediately preceding the date of expiry of the licence, full period of validity, as applicable, may be allowed from the date of expiry. 3. Renewal.-The licence may be renewed on receipt of satisfactory widence of the applicant- (a) having undergone a medical examination in accordance with para. 1(b) above; (b) having satisfactorily completed not less than 10 hours of flight time within a period of 6 months immediately preceding the date of application for renewal or in lieu thereof- having satisfactorily completed the general flying tests by day and night as laid down in clause (f) of paragraph 1 within the same period; (c) having a current Certificate of Competency for operation of radio telephony apparatus on board an aircraft as issued by the Ministry of Transport and Communications under the Indian Wireless Telegraphy (Commercial Radio Operators Certificates of Proficiency and licence to operate Wireless Telegraphy) Rules 1954. PAGENO="1087" AIR LAWS AND TREATIES OF THE WORLD 1077 4. Ratings: (a) Aircraft Rating.-The licence shall indicate the class and the types of aeroplanes the holder is entitled to fly. An open rating for all conventional types of aeroplanes having an all-up weight not ex- ceeding 1,500 kgs. may also be granted if he has completed not less than 1,000 hours of flight time including not less than 500 hours as Pilot-in- Command, and has at least 4 different types of aeroplanes entered in the aircraft rating of his licence; (b) Instructor'$ Rating.-Instructor's Rating entitles the holder to impart flying instructions. The privileges and conditions for the issue of these ratings are laid down in Sections H and I; (c) In~trum~nt Rating.-Instrument Rating entitles the holder to fly under Instrument Flight Rules. Conditions for the issue of this rat- ing are laid down in Section G. 5. Extension of Aircraft Rating.-For extension of the aircraft rating to include an additional type of aeroplane an applicant shall be required to produce evidence of having passed a written examination in aircraft and engines as mentioned in clause (c) of paragraph 1, and of having satisfactorily completed the general flying tests by day and by night as laid down in clause (f) of that paragraph in respect of the type of aeroplane for which the extension of aircraft rating is desired. The flying tests shall have been completed within a period of 6 months immediately preceding the date of application for extension of the air- craft rating. 6. Privileges.--Subject to the validity of endorsements and ratings in the licence, the privileges of the holder of a Commercial Pilot's licence shall be- (a) to exercise all the privileges of a Private Pilot; (b) to act as Pilot-in-Command of any aeroplane having an all- up weight not exceeding 5,700 kgs. and which is entered in the air- craft rating of his licence, provided that when passengers are to be carried at night he shall have carried out within a period of 6 months immediately preceding the intended flight not less than 10 take-offs and 10 landings by night as Pilot-in-Command. (c) to act as Co-Pilot of any aeroplane, where a Co-Pilot is required to be carried and which is entered in the aircraft rating of his licence: Provided that for all flights under Instrument Flight Rules either as Pilot-in-Command or as Co-Pilot, he shall be required to have a current Instrument Rating: Provided further that for all flights as Co-Pilot on transport aeroplanes having an all-up weight exceeding 5,700 kgs. he shall have carried out within the preceding 6 months of the intended flight appropriate proficiency checks in respect of that type of air- craft as required by the Director General. SECTION E. SENIOR COMMERCIAL PILOT'S LICENCE (AEROPLANES) 1. Requirements for Issue of Licence.-An applicant for a Senior Commercial Pilot's Licence shall satisfy the following requirements: (a) Age.-He shall be not less than 21 years of age on the date of application; PAGENO="1088" 107S AIR LAWS AND TREATIES OF THE WORLD b) J1JCI1 t;ti~~.-lle shall produce on a prescri~c1 proforma a certificate of physical fitness from all approved Medical Board after undergoing a medical exaifliflatiOll (ilirilig which he shaH have estab- i~shed his me(flcai litness on tile basis of compliance with the require- Ine.nts as notitieci by the Director Geiieral under ilule 39B; (c.) fiTho ~clc7(7c.-ile shall pass oral and written exaillillatiOllS ill the following subjects- (1) Ji f~ju(ctioic~-incIuding general flight rules, air traffic control practices aild procetlures aild regulations concerning oper- ation of aircraft: search and rescue; rules coiIcerfliilg air-transit, customs and health; knowledge of aerodromes; flight information regions. control zones and airways, communication anti naviga- tional facilities, International Conventions of Air Navigation, hit ernat ional conferences and a greeinents; (ii) Jh' ~\ac~gut~oi~-knowledge of theoretical anti practical air navigation including knowledge of aeronautical maps and charts, proj ect ions time magnetism, compasses, ilavigational ill- struments, radio and radar aids, visual and D.R. navigation, plot- ting and fight planning; elementary knowledge of astro-naviga- tion and use of Nautical tables and Air Almanac; iii ) A c~'t~on Jlctcioiogy-nitermediate aviation niet.erology with special emphasis on aviation hazards; knowledge of avia- tion weather codes and plotting: aircraft observation procedures; si~opt ic meterology including simple analysis and interpretation of weather charts: elementary world climatology: detailed knowl- edge, of Indian climatology and of meterological procedures re- lating to aviation: (iv) Aiici'aft and Engines-including elementary knowledge of aerodynamics and theory of flight.: general principles and ele- mentary knowledge of design, construction, maintenailce and op- eration of aircraft, engine and instruments: ancillary systems (e.g. fuels. hydraulic, electrical, etc.) anti emergency systems, instal- lations and equipment: basic knowledge of fuel and lubricants: loading of aircraft and wei~ht distribution and its effect on flight. characterIstics: operating limitations and handling, care and pre- flight inspection. The examination shall also include questions pertaining to the class and tile type of aeroplane for which an aircraft rating is desired. (v) ~qna7s (Pra.~"fca7)-t.ransmission and interpretation of aural and visual signals: (vi) Sc~'inian.c/m ;p-Tmportant. abbreviations used in Admiralty charts: Regulations for preventing collisions at sea; lights to be carried by ships and seaplanes: Uniform system of Biiovage: A general knowledge of Tides: Meaning of High Water~(}TW), Low- Water (LW). Mean High Water Springs (MHWS), Mean }T~trh Water Neaps (MTTWN), Mean Low Water Springs (~rLWS). Mean Low Water Neaps (MLWN) and chart Datum- npnl ~eal)le. to a ir~raft ratin to include amphibians anti seaplanes. (ti) Erpei~nec.-He shall produce evidence of having satisfactorily completed as a pilot of an aeroplane within a period of 5 years imme- diatelv preceding the date. of application for licence, not less than I .250 hours of flight time, which shall include: PAGENO="1089" AIR LAWS AND TREATIES OF THE WORLD 1079 (i) not less than 200 hours as Pilot-in-Command for 150 hours as a Pilot-in-Connnand and 100 hours as a co-pilot performing under supervision of a Pilot-in-Command, the duties and func- tions of a Pilot-in-Command, provided at least 100 hours shall be of cross-country flight time including not less than 25 hours by night, and shall also include 10 take-offs and 10 landings by night; (ii) not less than 500 hours of total cross-country flight time; (iii) not less than 50 hours of flight time by night; (iv) not less than 50 hours of instrument time under actual or simulated conditions of which not less than 25 hours shall be in actual flight. (v) not less than 150 hours of flight time completed within a period of 12 months immediately preceding the date of applica- tion for the licence. (e) Other Requirem~ents.-He shall be- (i) the holder of or shall have held a Commercial Pilot's Li- cence; (ii) in possession of a current Certificate of Competency for operation of radio telephony apparatus on board an aircraft as issued by the Ministry of Transport and Communications under the Indian Wireless Telegraphy (Commercial Radio Operators Certificate of Proficiency and licence to operate Wireless Teleg- raphy) Rules, 1954. (f) Skili.-He shall have demonstrated his competency to the satis- faction of the Examiner by undergoing the following flying tests on the type of aeroplane to which the application for licence relates with- in a period of 6 months immediately preceding the date of application: (i) General Flying Test by Day-shall include preflight in- spection and ground handling of aeroplanes; take-offs, climb and general flying; manoeuvres at slow speed; steep turns; descent; and glide; stalling, spinning and recovery; landings and emer- gency ma.noeuvres including simulated engine failure on take-off: For multi-engine aeroplanes the test shall also include at maxi- mum landing weight all manoeuvres used in normal flight with srnmetric a.nd asymmetric power; approach, landings and over- shoot with one or more engines inoperative. NOTE.-(1) Stalling and spinning shall be carried out only on the types of aeroplanes approved and from the minimum altitude laid down by the Director General: (2) Exercise on engine failure on take-off may not be carried out on aeroplanes having an all-up weight exceeding 20,000 kgs. (ii) General Flying Tests by Night-shall include take-offs, landings, general flying and emergencies: For multi-engine aeroplanes the test shall also include at maxi- mum landing weight all manoeuvres used in normal flight in- cluding use of asymmetric power; landing and overshoot with one or more engines inoperative. 2. Validity.-The period of validity shall commence. from the date of issue or renewal of the license. The licence shall be valid for a period not exceeding 6 months from the date of medical examination except when an applicant is medically examined for the renewal of his licence during 30 days immediately preceding the date of expiry of the licence, full period of validity may he allo~ved from the date of expiry. 39-737--~-vo1. 1-69 PAGENO="1090" 1080 AIR LAWS AND TREATIES OF THE WORLD 3. Renewal.-The license may be renewed on receipt of satisfactory evidence of the applicant- (a.) having undergone a medical examination in accordance with clause. (b) of paragraph 1: (b) having satisfactorily completed not less than 10 hours of flight, time as Pilot-in-(oinmand (50 per cent of flight time as a Co-Pilot may be counted towards requirement of flight, time as Pilot-in-Command) within a period of 6 months inirnediatiely prec.eding the date of application for renew-al or in lieu thereof; having sat isfactorilv completed the general flying tests by (lay and by night as laid clown in clause. (f) of paragraph 1; (c.) having a current. Certificate of Competency for opera- tion of radio telephony apparatus on board and aircraft as issued by the Ministry of Transport and Communications under the In- dian Wireless Telegraphy (Commercial Radio Operators Certi- ficate of Proficiency and licence, to operate Wireless Telegraphy) Rules 1954. 4. Ratings: (a) Aii'craft Ratinq.-Tlie licence shall indicate the class and the types of aeroplanes the holder is entitled to fly. An open rating for a.ll conventional types of aeroplanes having an all-up weight not ex- ceeding 2.500 kgs. may also he granted if he has completed not less i han 3,00~ hours of fli~lit time including not less than 1.000 hours as Pilot-in-Command and has at least 4 different types of aeroplanes en- tered in the aircraft rating of his licence. (b) In.sti'vctoi~'s J?iitiiigs.-Instructor's Rating entitles the holder to impart. flying instructions. The privileges and conditions for the issue of the ratings are laid down in Sections H and I; (c) I~ tninient Ratiiiq.-Instrument rating entitles the holder to fly under Instrument. Flight. Rules. The conditions for issue of t.his rating are laid down in Section G. 5. Extension of Aircraft Rating.-For extension of the Aircraft Ra.t.ing to include an additional type of aeroplane, an applicant shall be required to produce evidence of having passed a written examina- tion in aircra.ft. and engines as mentioned in clause (c) of paragraph 1 and of having satisfactorily completed the genera.l flying tests by day and by night as laid down in clause (f) of that paragraph in respect of t.he type of aeroplane for which the extension of the aircraft rating is desired. The flying tests shall have been completed with a period of 6 months immediately preceding the date of application for exten- sion of the aircraft rating. 6. Privileges.-Subject to the endorsement and ratings in the licence, the. privileges of the holder of a. Senior Commercial Pilot's Licence shall be- (a) to exercise all the privileges of a. Private and a Commercial Pilot; (1)) t.o act. as Pilot-in-Command of any passenger carrying aeroplane having an all-up weight riot, exceeding 14,000 kgs. and of any aeroplane not. carrying passengers and having an all-up weight not exceeding 20.000 kgs.; (c.) to act. as Co-Pilot of a.ny aeroplane when a Co-Pilot is re- quired to be carried: Provided that type of aeroplane is entered in the Aircraft Rat- ing of his licence: PAGENO="1091" AIR LAWS AND TREATIES OF THE WORLD 1081 Piovideci further that he shall not act as Pilot-ui-Command of an aeroplane having an all-up weight exceeding 5,700 kgs. unless he has completed on that type of aeroplane not less than 300 hours of flight time as a Co-Pilot including not less than 100 hours of flight time as a Co-Pilot performing under the supervision of a Check Pilot the duties and functions of a Pilot-in-Conmiand and has demonstrated his competency to fly as a Pilot-in-Command to the satisfaction of the Director General: Provided that for all flights under Instrument Flight Rules either as Pilot-in-Command or as Co-Pilot, he shall have a current instrument rating: Provided further that for all flights as Pilot-in-Command or as Co-Pilot, on transport aeroplanes having an all-up w-eight ex- ceediiug 5,700 kgs., he shall have undergone satisfactorily within the preceding 6 months of the intended flight appropriate pro- ficiency checks in respect of that type of aircraft as required by the Director General. SECTION F. AIRLiNE TRANSPORT I'ILOT S LICENCE (AEROPLANE) 1. Requirements for Issue of Licence.-An applicant~ for an Air- line Iranspout Pilots licence shall satisfy the f l]G~vi1n~ reqiiirenient.s (a) Age.-fle shall he not less than 21 years of age on the date of application: (b) iledical Fitness.-Hc shall I)1odnce on a pIesclibe(l proforina a certificate of physical fitness from ~ ~ medical board after undergoing a medical examination during which he shall have estab- lished his medical fitness on the basis of compliance with the require- ments as notified by the Director General under Rule 39B; (c) Knowiedge.-He shall pass an oral and written examination in the following subjects: (1) Air Regulations: including general flight rules, air traffic control practices and piocedures and regulations concerning oper- ation of aircraft; search and rescue, rules concerning air-transit, dust oms and health, knowledge of aerodromes, flight information regions, control zones and airways communications and naviga- tional facilities; International Conventions of Air Navigation, and International conferences and agreements (ii) Air Navigation : knowledge of theoretical and practical air iiavi ation including knowledge of aeronautical maps and charts, projections. time, magnetism, compasses. navigational in- struments, radio and radar aids visual and D.R. navigation, plotting and flight ulanning elementary knowledge of astro-navi- gation and use of nautical tables and Air Almanacs (iii) Aviation Il[eteorolog?J: intermediate aviation meteorol- ogy with special emphasis on aviation hazards; knowledge of aviation weather codes and plotting: aircraft observation pro- cedures; syno~)tic meteorology inchiding simple analysis and interpretation of weather charts; elementary word climatology detailed knowledge of Indian climatology and of meteorological procedures relating to aviation; (iv) Airciaft a/nd Engines: including elementary knowledge of aerodynamics and theory of flight, general iirinciples ~nd~ ele- PAGENO="1092" 1082 AIR LAWS AND TREATIES OF THE WORLD mentary knowledge of design, construction, maintenance and op- eration of aircraft, engine and iiistruments; ancillary system (e.g. fuel, hydraulic, electrica.l etc., etc.) and emergency sys- tems installations and equipment; basic knowledge of fuel and lubricants; loading of aircraft and weight distribution and its effect on flight characteristics; operating limitations and handling care and preflight inspection. `1' lie examination shall also include questions pertaining to the class and the type of aeroplane for which an aircraft rating is desired; (v) S~gna7s (Pi~acticaZ): Transmission and interpretation of aural and visual signals; (vi) ~S1eanuin$/lip: Important abbreviations used in Admiralty charts; Regulations for preventing collisions at sea; lights to be carried by ships and seaplanes; Uniform system of Buoyage; A general knowledge of Tides; Meaning of High Water (HW) , Low Water (LW), Mean High Water Springs (MHWS), Mean High Water Neaps (MIIWN), Mean Low Water Springs (MLWS), Mean Low Water Neaps (MLWN) and chart Datum-applicable to aircraft rating to include amphibians and seaplanes. (d) Experience.-He. shall produce evidence of having satisfac- torily completed as a pilot of an aeroplane within a period of 5 years, immediately preceding the date of application for licence., not less than 2.150 hours of flight time which shall include: (i) not less than 500 hours of flight time as Pilot-in-Command or as Co-Pilot performing under supervision of a Check-Pilot, the. duties and functions of a Pilot-in-Command, provided at least 200 hours out of these shall be of cross-country flight time, includ- ing not less than 50 hours of flight time by night; (ii) not less than 1000 hours of total cross-country flight time; (iii) not less than 100 hours of flight time by night; (iv) not less than 100 hours of instrument time under actual or simulated instrument, conditions, of which not less than 50 hours shall be in actual flight; (v) not less than 150 hours of flight time completed within a period of 12 months immediately preceding the date of applica- tion for licence. (e) Other Requirements: (i) He shall be a holder of a Commercial or a Senior Com- mercial Pilot's licence; (ii) He shall have a current instrument rating; (iii) He shall be in possession of a current certificate of com- petency for ope.ration of radio telephony apparatus on board an aircraft as issued by the Ministry of Transport and Communica- tions under the Indian Wireless Telegraphy (Commercial Radio Operators Certificate or proficiency and licence to operate Wire- less Telegraphy) Rules, 1954. (f) Skill.-He shall have demonstrated his competency to the satis- faction of the Examiner by undergoing the following ifying test.s on the type of aeroplane to which the application for licence relates within a pe.riod of 6 months immediately preceding the date of such application (i) General Flying Test by Day: shall include preflight in- spection a.nd ground handling of aer~hnes; take-offs, elm-mb ~ PAGENO="1093" AIR LAWS AND TREATIES OF THE WORLD 1083 general flying; manoeuvres at slow speed; steep turns; descent and glide; stalling; spinning and recovery; landings and emer- gency manoeuvres including simulated engine failure on take-offs; For 21iuiti-e~qine Aerop7ane8: the test shall also include at maxi- mum landing weight all manoeuvres used in normal flight with symmetric and asymmetric power; approach, landings and over- shoot with one or more enginer inoperative. N0TE.-Stalling and spinning shall be carried out only on the types of aeroplanes approved and from the minimum altitude la.id down by the Director General. (ii) Genei'a7 Flying Te$t by Xght: shall include take-offs, landings, general flying and emergencies; For Jiviti-engine Aerop7a~es: the test shall also include at maxi- mum landing weight all manoeuvres used in normal flight includ- ing use of asymmetric power; landing and overshoot with one or more engines inoperative. 2. Validity.-The period of validity shall commence from the date of issue or renewal of the licence. The licence shall be valid for a period not exceeding 6 months from the date of medical examination except when an applicant is medically examined for the renewal of his licence during 30 days immediately preceding the date of expiry of the licence, full period of validity may be allowed from the date of expiry. 3. Renewal.-The licence may be renewed on receipt of satisfactory evidence of the applicant- (a) having undergone a medical examination in accordance with clause (b) of paragraph 1; (b) having satisfactorily completed not less than 10 hours of flight time as Pilot-in-Command (50 per cent of flight time as a Co-pilot may he counted towards this requirement of flight time as Pilot-in-Command) within a period of 6 months immediately preceding the. date of application for renew-al or in lieu thereof; having satisfactorily completed the flying tests by day and by mght as laid down in clause (f) of paragraph 1 within the same period: (c) having a current certificate of competency for operation of radio telephony apparatus on board an aircraft as issued by the Ministry of Transport and Communications under the Indian Wireless Telegraphy (Commercial Radio Operator~ Certificate of proficiency and licence to operate Wireless Telegraphy) Rules, 1954. 4. Ratings. (a) Aircraft Ra.ting.-The. licence shall indicate tile class and tile types of aeroplanes the holder is entitled to fly. An open rating for all conventional types of aeroplanes having all all-up weight not exceed- ing 5,700 kgs. may also be granted if he has completed not less than 1.000 hours of flight time as a Pilot-ui-Command on any aeroplane having an all-ui) weight of 14,000 kgs, or above: (b) Iv.~ti'actai~ Thfhig~.-Tnstructo~'s Rating entitles the holder to impart firing instructions. Ihe privileges and conditions for tile issue of this rating are laid down in Sections II & I. (c) Instrument Ratiiig.-Xo separate instrument, rating is l)tOvided for in the licence. The privileges of instrument rating are included in the privileges of this licence provided that tile instrument rating flight PAGENO="1094" 10S4 AIR LAWS AND TREATIES OF THE WORLD tests have been carried out to the satisfaction of the Director General within a perlo(l of 1~ months immediatel preceding the intended flight under Instrument Flight Rules. 5. Extension of Aircraft Rating.-For extension of the aircraft rating to include an icldtional type of aeroplane, an applicant shall he required to proliie evidence of having passed a written examina- tion in aircraft an(l engines as melltiOfle(l in clause (c) of paragraph 1 and having satisfactorily completed the general flying tests by clay and by night as laid down in clause f) of that paragraph in respect of the type of aeroplane for which the extension of aircraft rating is desired. The living tests shall have been conipleted within a period of 6 months immediately preceduig the date of application for extension of aircraft rating. 6. Privi1eges.-Sul~ject to i lie va I iditv of eiidorseinents and ratings in the ljcence. the pri v le~es of the l1ol(iel of an Airline iransport Pilot~s Licence shall he-- a) to exercise te III vile~res of a Private, a Conunercial and a ~e~iior (oiiimercia I Pilot 0) Us exercise tlle ica \1le~tes of the holder of rtn instrument cc t ni ~ Vi le~ I ti ic I lie si ~ahl not exe!nse these privil~es if an v ~me un1e~s he has s:ttisfactarily completed the instrument rating tI nrht tests within a neriod of 1~ months imniedhiately rece(iin~ tm (late f mt cnde~ [ 11 iatht under ~ n~trin~~ent Fihrht ihiles Ic) to at i~ 1 l*a-i-~ (t~11V~ ~i ~a (`o-piiot ~f an nero- pluie where a C -~ iecn~ed Pc carried and wlih is I lie ic I ~ i ice: Puov~ hI dat ha tirdl not tt:~s:1 Piht-iii-Coniiinuul ot any aeroplane Ivivair alh-m) wci~lit axcecti i~ ~.T(i(i ags. unle' lii liascelilpiel eL ia hilt type ct ieionhane not 1es~ than 3(1(1 1~oiIis of fiIUil~ inic a a (`-PPoi ciii ]io~ lcss than 100 hours of flight as (a-Pilot peIfarniilIi~ undar supervision of a (`heck-Pilot, tOe duties ar1d functions (It 0 Pilot-in-Command and has tiemon- stlate(l Ins compet en IV to fly isa Pilot-in-Command to the satis- fat ion of the TI)i recn ~r funeral: Provided further that for all fIi~iits as Pilot-in-Command or as Co-Pilot on a transl)ort aeroplane havinir an all-up weight excee(lin~ ~,70O kits., he ~hialI have ruider~one satisfactorily within he pi'ecedi~~ six months of the inten(led flight appropriate 1)10- 1iieiicv checks in respect of that type of aircraft as required l)v tile I)irector General. SECTION G. INST1tUMENT RATING 1. Requirements for Issue of Rating.-An applicant for an In- st iunient Rating shall sat isfv the following requirements fa Jf1'di~cn1 Fitnc.ss.-He shall produce on a prescribed proforma a certihcate of physical fitness from an approved Medical Board after undergoing a me(Iical examination during which he shaH have estab- lished his medical fitness on Ihe basis of compliance with the require- incurs as notified by the Director General under Rule 3DB hI hTi1oi"7cc/ge~.-He shall pass oral and written examination in the following subjects (i) Ah' Begn7ati'on~c.-including flight rules, air traffic control practices and procedures and regulations concerning operation of PAGENO="1095" AIR LAWS AND TREATIES OF THE WORLD 1085 aircraft during Instrument Flight Rules : Aerodromes, sea rcli and rescue. rules concerning air-transit customs and health and knowl - edge of communications and navigational facilities (ii) 1;1~ \a e,qattoii.-eleiiieiit OIV knowled~ie of tlieoret ical aii(l l)1a(~t 1(01 air navigation iiiciu~iiiiu knowledge 1111(1 use of aero- lilhiltial maps and (li0it~-~ sunpie projectiolis. t inie. inagnetisni, colhlpasses, navigatiolial and instruments, radio and radar aids, visual and I).I~. iiavi~atioi1, plotting and flight planning; iii) A ct~üi~ JIetceio7oqi~.-eIeiiientarv aviation meteorology inclu(Iuig significance of aerodroiiie meteorological ohservatioiis and warnings; basic knowledge of aviation weather cO(les and plotting: elenientarv svnopt ic nieteorologv inclucliiig smiple in- terpietation of weather charts; elementary knowledge of Indian cliniatology and of meteorological procedures relating to aviation iv) ~igiic7~ (Pract,ea/) .-transmission and interpretation of aural and visual si~iials (c) L':c~ei;eii~.-iIe shall produce evidence of having satisfactorily completed as a pilot of an aeroplane i ) not less than 151) hours of fli~iht time as a Pilot-in-Com- mand including not less than 50 hours of cross-country flight time; (ii) not less than 41) hours of instrument time, of which not more than 20 hours shall be instrument ground time. I minimum of S hours of instrunlent time. shall have been completed w-itliin a period of 6 months immediately preceding the date of application for the Instrument Rating: (d) o~/~ ~ shall he- a holder of a current pilots licence for aeroplanes: (ii) I~ possession of a current Certificate of ( onipetencv for operation of radio telephony apparatus on board an aircraft as issued by the Ministry of Transport and Communications under the Indian Wireless Telegraphy (Commercial Radio Operators Certificate of proficiency and licence to operate Wireless Teleg- rapluv) Rules. 1954. (e) S~i77.-FIe shall have demonstrated to the satisfaction of the Examiner his competency to fly an aeroplane solely with the aid of instrument using full and limited instrument panel by under~oing the following flying test within a period of 1) months, immediately prececi- ing the date of application for this rating: J)i$f7~,me~nf R((f;uq Flyhiq Te~f shall include preflight action. all normal in-flight manoeuvres, recovery from unusual attitudes. airways and air traffic procedures, instrument approach i)roce- dures including descent through cloud using stipulated radar aids. missed approach, overshoot, and emergencies: For Multi-en qine Aerop7ane~ the test shall also include manoeu- vres carried out on asymmetric power with one or more engines inoperative and emergencies. XorE.-Stalling and spinning shall be carrjed out only on the types of aeroplanes approved and from the minimum altitude laid down by the Director General. 2. Validity.-The period of validity shall commence from the date ~f issue or renewal of the rating. The Instrument Rating shall be valid for it period not exceeding 12 months from the date of the satis- PAGENO="1096" 1086 AIR LAWS AND TREATIES OF THE WORLD factory completion of Instrument Rating Flight tests as laid clown in clause (c) of paragraph 1, except when Instrument Rating Flight tests are completed during 30 days immediately preceding the date of expiry of the rating, full period of validity may be allowed froni the date of expiry. 3. Renewal.-Instrument. Rating may be renewed on receipt of satisfactory evidence of the applicant- (a) having satisfactorily completed not less than 10 hours of instrument flight time during the preceding 12 months. Out of the total 10 hours of instrument flying experience so required. not more than 5 hours may be carried out on an approved synthetic flight trainer: (b) having satisfactorily carried out at least two instrument ap- proach procedures on different aerodromes under the supervision of a Check Pilot either during actual or simulated instrument flying conditions; (c) having satisfactorily completed the Instrument Rating Flight, tests as laid clown in clause (e) of paragraph 1 : and (d) having a current Certificate of Competency for operation of radio telephony apparatus on board an aircraft as issued by the Ministry of Transport and Communications under the Indian Wi reless Telegraphy (Commercial Radio Operations Certificate of proficiency and license to operate `Wireless Telegraphy) Rules, 1954. X0TE.-Only that. part of the flight test in clause (c) may be permitted to be. carried out on an approved synthetic flight trainer which pertains to checking of candidates' knowledge of procedures. 4. Extension of instrument rating.-For extension of Instrunient Rat.ing to include, an additional type of aeroplane, an applicant shall be required to produce evidence of having sat isfactorily completed the flight tests as laid clown in clause (e) of paragraph 1 in respect of the type of aeroplane for which the extension of Instrument Rat.ing is desired. The flying tests shall have been completed within a period of 6 months immediately preceding the date of application for extension of Instrument Rating. 5. Privileges.-The privileges of the holder of an Instrument Hating shall be to fly under the Instrument Flying Rules the types of aeroplanes on which he has demonstrate.d his competency in accordance with clause (e) of paragraph 1. SEcYION H. ASSISTANT FIGHT INSTRUCTOR'S RAnNG (Aeroplanes) 1. Requirements for issue of rating.-An applicant for an Assist- ant Flight Instructor's Rating shall satisfy the following require- ments: (a) Jge.-He shall be not less than 20 years of age on the date of application; (b) Kn.ow7edge.-He shall pass an oral examination in the follow- ing subjects: (1) Ah~ Regu~atioii-s.-including general flight rules, air traffic control practices and procedures and regulation concerning opera- PAGENO="1097" AIR LAWS AND TREATIES OF TI-IE WORLD 1087 tion of aircraft; communication and navigation facilities, aero- dromes, search and rescue; rules concerning air transit, customs and health. (ii) Air Navigation.-elementary knowledge of theoretical and practical air navigation including knowledge and use of aeronauti- cal maps and charts, simple projections, time, magnetism, com- passes, navigational instruments, radio and radar aids, visual and D.R. navigation, plotting and flight planning. (iii) Aviatio'n Meteorology.-elementary aviation meteorology including significance of aerodrome meteorological observations and warnings; basic knowledge of aviation weather codes and plotings; elementary synoptic meteorology including simple in- terpretation of weather charts; elementary knowledge of Indian climatology and of meteorological procedures relating to avia- tion. (iv) Aircraft d~ Engines.-including elementary knowledge of aerodynamics and theory of flight; general principles and ele- inentary knowledge of design, construction, maintenance and operation of aircraft, engine and instruments; ancillary systems (e.g. fuel, hydraulic, etc.) and emergency system installation and equipment; basic knowledge of fuel and lubricants; loading of aircraft; weight distribution and its effect on flight character- istics; operating limitations and handling, care and preflight in- spection. Noi'~.-The examination shall be conducted by a Board constituted and approved by the Director General. (c) Experie nce.-He shall produce evidence of having satisfa~torily completed as pilot of an aeroplane within a period of 5 years im- mediately preceding the (late of application for this rating: (i) not less than 300 hours of flight time as a Pilot-in-Command of aerop1ane of which not less t.haii 50 hours shall have been com- pleted within a period of 12 months immediately preceding the date of application; and (ii) not less than 10 hours flying training as an Instructor under an approved Flight Instructor; (d) Other requirements.-He shall be holder of a current profes- sional pilot licence; (e) Skiil.-He shall have demonstrated his competency as an As- sistant Flight Instructor to the satisfaction of an Examiner by under- going the following flying tests within a period of 6 months immedi- ately preceding the date of application for this rating. The aircraft used for the test should be fitted with dual controls: The Flying Tests shall include preflight briefing; preflight in- spection and ground handling of aeroplanes, take-offs, climb and general flying; descent and glide; stalling, spinning and recovery; landings, emergency manoeuvres including simulated engine fail- ure on take-offs and de-briefing; For m~7ti-en.qii~e Aeiop7,ii;~.~~__The test shall also include at maximum landing weight all manoeuvres used in normal flight with symmetric and asymmetric power: approach, landings and overshoot with one or more engines inoperative. NoIT.-Stalling and spinning shall be carried out. only on the types of aeroplanes approved and from the minimum altitude laid down by the Director General. PAGENO="1098" 1088 AIR LAWS AND TREATIES OF THE WORLD 2. Validity.-The period of validity shall commence from the date of issue or renewal of this rating. This rating shall be valid for a period not exceeding 12 months from the date of the successful corn- pletion of the. flying tests as laid down in clause (e) of paragraph 1, except when the flying tests are carried out during 30 days inunedi- ately preceding the date of expiry of the rating, the full period of validity may be allowed from the date of expiry. 3. Renewal.-The Assistant Flight. Instructor's Rating may be re- newed on receipt. of evidence of the applicant having satisfactorily completed the flying tests as laid down in clause (e) of paragraph 1 within a period of 6 months immediately preceding the date of applica- tion for renewal. 4. Privileges.-Subject to the validity of endorsements and rating in his Pilot's licence of which this Assistant Instructor's Rating forms a part. and also to any endorsement on this rating, the privileges of the holder of an Assistant Flight Instructor's Rat.ing shall be to impart instructions during flight by day only and under the authority a.nd supervision of a Flight Instructor, on all tYpes of aeroplanes having all-up-weight. not. exceeding 1,500 kgs. and which are entered in the Aircraft. Rating of his licence, provided that. he shall not. aut.horise any Student. Pilot to undertake his first solo flight and shall not give instructions on aerobatics and night. flying. SECTION I. FLIGHT INSTRUCTOR'S RATING (Aeroplanes) 1. Requirements for issue of rating.-An applicant for a Flight Instructor's Rating shall satisfy the following requirements: (a) Age.-He shall be not less than 21 years of age on the date of application. (b) Knowledge.-lle shall pass a writ.ten and or oral examination in the. following subjec.ts (i) Air Reguia.tion~s.-includirig flight rules, air traffic control practices and procedures and regulations concerning operat.ion of aircraft; search and rescue: rules concerning air-transit, customs and health: knowledge of aerodrornes, flight, information regions,~ control zones and airways, communications and navigational fa- cilities, International Conventions of Air Navigation and inter- national conferences and agreements. (ii) A;i' i;q~~;o~.-K~ow-le.dge of theoretical and practical a.ir navigation including know-ledge of aeronautical maps and charts, projections. time, magnetisni, compasses, navigational in- struments, radio and radar aids, visual and D.R. navigation, plotting and flight. planning. and elementary knowledge. of astro- navigation. (iii) A ~,`(i.fiofl Jlefeoio?üqy.-intermediate aviation meteorol- o~v with special emphasis on aviation hazards: know-ledge of aviation weather codes and plotting: aircraft. observation pro- cedures: synoptic meteorology including simple analysis and interpretation of weather charts: elementary world climatolo~v detailed knowledge of Indian climatology and of meteorological proced~ires relating to aviation. PAGENO="1099" AIR LAWS AND TREATIES OF THE WORLD 1089 (iv) Aiieraft d~ E~gin.e$.-including elementary knowledge of aerodynamics and theory of flight; general principles and elemen- tary knowledge of design, construction, maintenance and opera- tion of aircraft, engine and instrument ; ancillary system (e.g. fuel, hydraulic, electrical, etc.) and emergency systems, installa- tions and equipment: basic knowledge of fuel and lubricants; loading of aircraft and weight distribution and its effect on flight characteristics; operating limitation and handling, care and pre- flight inspection. The examination shall also include questions pertaining to the class and the type of aeroplane for which an air- craft rating is desired if the all-up-weight of the aeroplane is in excess of 5,700 kgs. (v) 1S~'iqna7~ (Practical) .-transmission and interpretation of aural and visual signals. (iv) Seanatn~/iip.-Important abbreviations used in Admiralty charts, Regulations for preventing collisions at sea; lights to be carrle(l l)V ships and seaplanes : Fniform system of Buoyage : A general knowledge of Tides; Meaning of High Water (HW), Low Water (LW), Mean High Water Springs (MTTWS), Mean High Water Neaps (MHWN) and chart Datum applicable to air- craft rating to include amphibians and seaplanes. No'rE.-The oral examination shall be conducted by a board constituted and approved by the Direct or General. (c) E~rperienee.-He shall produce evidence of having satisfactor- ily completed within a period of 5 years immediately preceding the date of the al)plication for this rating (i) not less than 500 hours of flight time as Pilot-in-Command of an aeroplane including not less than (a) 20 hours by night dur- ilig which at least 20 take-offs and 20 landings have been carried out. (h) 100 hours of flight time satisfactorily completed in the capacity of an Assistant Flight Instructor; (ii) a.n approved Flight. Instructor's Course. (d) Other J?eq~th'ements.-He shall be- (i) the holder of current. professional pilot's licence; (ii) the. holder of a current. Instrument. Rating. (e.) A~';7l.-He shall have demonstrated his competency as a Flight Instructor to the satisfaction of an Approved Examiner by under- going satisfactorily the following flying tests, by day and by night, within a period of 6 months immediately preceding the date of the application for this rating. The aircraft. used for the test shall be fitted with dual controls: (i) General Flying Test by Dcy.-shall include preflight brief- ing; preflight inspection and ground handling of aeroplane.: take.-offs, climb and general flying: manoeuvers at. slow speed, steep turns: descent. and glide : stalling, spinning and recovery landings: emergency manoeuvres including simulated engine fail- iure on take-offs and debriefing: For iJult-engine Aeroplan~.-1he test. shall also include at maxinmm landing weight all manoeuvres used in normal flight with synimetric and asymmetric power : approach, landings and overshoot, with one or more engines inoperative. PAGENO="1100" 1090 AIR LAWS AND TREATIES OF THE WORLD Xoi~.-St.a1ling and spinning shall be carried out. oniy on the types of aeroplanes approved and from the minimum altitude laid (Town by the Director General. (ii) General Flyhig Test by Xighf.-shall include preflight briefing, takeoffs, landings, general flying, emergencies and die- briefing, etc.; For Jiu7ti-eng~ne Aeroplanes-the test shall also include at maximum landing weight all manoeuvres used in normal flight including use of asymmetric power; landing and overshoot with one or more engines inoperative. 2. Validity.-The period of validity shall commence from the date of issue or renewal of this rating. The rating shall be valid for a period not exceeding 12 months from the date of medical examination undergone for issue or renewal of the Pilot's license in which this rating is entered, except when the said medical examination is coin- plete.d during 30 clays immediately preceding the date of expiry of the rating. full lierioci of validity may be allowed from the date of expirv. 3. Renewal.-The Flight Instructor's Rating may be renewed on receipt of satisfactory evidence of the applicant- (a) having undergone a medical examination in accordance with the renewal requirements of the. licence on which this rating is entered (b) having satisfactorily completed not less than 20 hours of flight time as a Flight Instructor within a period of 12 months immediately preceding the date of application for renewal or in lieu thereof; having satisfactorily completed the flying tests as laid down in clause (e) of paragraph 1 within a period of 6 months immediately preceding the date of application for renewal. 4. Aircraft Rating.-The rating shall indicate the. class and the types of aeroplanes on which the holder is entitled to impart instruc- tions. 5. Extension of Aircraft Rating.-For extension of aircraft rat- ing to include additional types of aeroplanes having an all-up-weight exceeding 5,700 kgs.. the applicant shall be required t.o produce evi- dence of: (i) having obtained appropriate aircraft rating for that. type on his professional pilot's licence; (ii) having satisfactorily completed not less than 500 hours of flight time as Pilot-in-Command; and (iii) having satisfactorily completed the flying tests as laid down in clause (e) of paragraph 1 on the type desired to be in- cluded in this rat.ing. N0TE.-Requirements mentioned in clauses (ii) and (iii) may be varied by the Director General under special circumstances in the case of an experienced Flight Instructor who has successfully completed any special course approved by the Director General. 6. Privileges.-Subject to the validity of endorsements and ratings in Pilot's licence of which this Flight Instructor's rating forms a part and also any endorsement. on this rating, the privileges of the holder of a Flight. Instructor~s Rating shall he- (i) to impart flying instructions on any aeroplane having an all-up-weight. not exceeding 5,700 kgs. and which is entered in PAGENO="1101" AIR LAWS AND TREATIES OF THE WORLD 1091 the aircraft rating of his licence and also on any aeroplane having an all-up-weight exceeding 5,700 kgs. and which 1S entered in his instructor's rating; (ii) to supervise and authorise Solo flights by student pilots and supervise flying instructions imparted by Assistant Flight Instructors. SECTION J. GLIDER PILOT'S LICENCE 1. Requirements for issue of licence.-An applicant for a Glider Pilot's licence shall satisfy the following requirements: (a) Age.-He shall be not less than 16 years of age on the date of application; (b) Medical Fitness.-He shall produce on a prescribed proforma a certificate of physical fitness from a registered medical practitioner after undergoing a medical examination during which he shall hai~ established his medical fitness on the basis of compliance with the requirements as notified by the Director General under Rule 39B; (c) Knowledge.-IIe shall pass an oral examination in the follow- ing subjects: (i) Air Regulations.-including flight rules and air traffic control practices and proceedures and regulations concerning operation of glider; (ii) Air Navigation.-elementary principles including elemen- tary knowledge and use of aeronautical maps and charts, time, magnetism, compasses, navigational instruments fitted in gliders and visual navigation; (iii) Aviation Meteorology.-elementary aviation meteorology including significance of aerodrome meteorological observations and warnings; elementary knowledge in reading meteorological charts and of meteorological procedures relating to cross-country flights; salient features of Indian climatology; (iv) Aircraft d~ In.struments.-including knowledge of aero- dynamics and theory of flight; aircraft instruments; operating limitations, handling, care and preflight. The examination shall also include questions pertaining to the particular type of glider. Nori~.-The examination shall be conducted by a Board consti- tuted and approved by the Director General. (d) Experience.-He shall produce evidence of having satisfac- torily completed as pilot of a glider not less than 10 hours of flight time of which not less than 5 hours shall be of solo flight time and not less than 75 take-offs and landings of which not less than 25 solo take-offs and landings in a glider shall have been completed within a period of 6 months immediately preceding the date of application for licence; (e) SkilL-He shall have demonstrated his competency to t.he satis- faction of the Examiner by undergoing the following flying tests on the type of glider to which the application for licence relates and within a period of 6 months immediately preceding the date of application: The Flying Tests shall include a preflight inspection, checks and ground handling of a glider take-off, climb release of cable, turns, stalling, Spinning afl(l recovery ; Soaring landing and emer~encies~. - PAGENO="1102" 1092 AIR LAWS AND TREATIES OF THE WORLD 2. Validity.-The period of validity shall commence from the date of issue or renewal of the licence. The licence shall be valid for a peuod not exceeding 24 months from the date of medical examination it the applicant is below 38 years of age and iiot exceeding 12 months from the date of successful medical examination, if the applicant is ~S years of age or above except when an applicant is medically exam- med for the renew-al of his licence during 30 days immediately preced- ing the date of expiry of the licence, full period of validity, as appli- cable. may be allowed from the date of expiry. 3. Renewal.-The licence may be renew-ed on receipt of satisfactory ev~clence of the applicant- ~a) having undergone a medical examination in accordance with clause (b) of paragraph 1; (b) having satisfactorily completed not less than 3 hours of flight tinie or 20 take-oils and landings as Pilot-in-Command of a glider within a period of 6 months iinniediately preceding the date of application for renewal or in lien thereof having satisfactorily completed the flying tests as laid clown in clause (e) of paragraph 1 within the same period. 4. Ratings.- (a) A i~cntft Rit;ng.-The licence shall indicate the type of gliders the, holder is entitled to fly. An open rating to fly all gliders having an all-up weight not exceeding 600 kgs. may also be 2ranted to a glider pilot who has satisfactorily completed on a glider not less than 50 hours of flight as Pilot-in-Command in free flight including not less than 200 take-oIls and landings as sole manipulator of the controls; (b) Aero-tow Rating.-Aero-tow Rating entitles the holder to carry passengers in gliders in aero-tow flights. An Aero-tow Rating may be given if a glider pilot has satisfactorily completed iii a glider not less than 10 aero-tow flights, of a total duration of not. less than 2 hours as pilot, of a glider provided that no solo ae.ro-tow flights are undertaken. unless at least. 5 dual aero-tow flights have been carried out. with a. qualified Instructor on board and a satisfactory report. obtained; (c) ln-st~uetoi's Rativg.-Instructor's Rating entitles the holder to impart instructions on gliders. Conditions for issue of this rating are laid clown in Section L. 5. Exten.~on of Ai'iciaft I~,t~i,q.-I~or extension of Aircraft Rat- ing to include an additional type of glider. the applicant shall be re- quired to produce evidence of having satisfactorily carried out. on that type of glider not less than 3 take-offs and landings as Pilot-in- Command and as sole manipulator of the controls: having passed an oral examination in aircraft and instruments as mentioned in clause (c) of paragraph 1 and having satisfactorily completed the flying tests as laid down in clause (e) of paragraph 1 in respect of the types of the glider for whicli the Aircraft Rating is desired. The flying test. shall have. l)een c.oinplete(l wjth in a period of 6 mouths imme(liately preced- ing the (late. of application for extension of the Aircraft. Rating. 6. Privileges.-Suhject. to the. validity of endorsements and ratings in th~' lieeiic.e. the privileges of the holder of a. Glider Pilot's licence shall he to act as Pilot-in-Command of any glider and to carry pas- sen~er~ therein. imnlei Visual Flight Rules provided that for all aero- tow- flights he shall hold an Aero-Tow Rat ~na. PAGENO="1103" AIR LAWS AND TREATIES OF THE WORLD 1093 1. The privileges granted under this section shall be exercised only when the method of launching is any one of the following: WTinch-launching, Auto-launching, or Launching by aero-tow. ~. If any unconventional method of launching, such as rockets, cata- pults, etc., is adopted, the privilege to fly in c.oiimiand and to carry pas- sengers shall be exercised only after he has completed an approved course of training and a flying test to the satisfaction of the Director General. SECTION K. FLIGHT INSTRLTTORS RATING (Gliders) 1. Requirements for issue of Ratirag.-An applicant for a Flight Instructors Rating on Glider Pilot's licence shall satisfy the follow- ing requirements: (a) Age.-He shall be not less than 19 years of age on the date of application (b) Knowledge.-He shall pass a written and/or oral examination in the following subjects- (i) Air Requiatum&-including general flight rules, air traffic control pract ices and proedii~es and regulations concerning oper- at ion of gliders; (ii) Ai~ \a?'ft/af;ofl -elementary l)rinciples including elemen- tary knowledge and use of aeronautical maps and charts; time, magnetism, compasses, navigat ioiial instruinent~s fitted in glideni and the principle of triangle of velocities and visual navigation; (iii) Aviation Meteorolog~,'.-elementary aviation meteorology including significance of aerodrome meteorological observations and warnings; basic knowledge of aviation weather codes and plotting; elementary synoptic meteorology including simple inter- pretation of weather charts; elementary knowledge of Indian climatology and of meteorological procedure relating to aviation; (iv) Aircraft c~ In~trmirnents.-including knowledge of aero- dynamics and theory of flight, general principles and elementary knowledge of design, construction, maintenance and operation of gliders; operating limitations; handling, care and pre-flight in- spection; (c) Expe'rience.-He shall produce evidence of having satisfac- torily completed as a pilot of a glider- (i) not less than 50 hours of flight time as Pilot-in-Command including not less than 250 take-offs and landings provided that a person who has satisfactorily completed not less than 200 hours of flight time as Pilot4n-Cornmand on an aeroplane shall be re- quired to complete on a glider riot less than 20 hours of flight time as Pilot-in-Command including not less than 100 take-offs an-i landings; ii~ not less than 2 solo flights of not less than 2 hourS (llTriO ion each; PAGENO="1104" 1094 AIR LAWS A~D TREATIES OF THE WORLD (iii) not less than 1 solo triangular cross-country flight of not less than 30 nautical miles distance in which no side of the triangle is less than 10 nautical miles (d) (it/~ci Req?'irernent~.-i1e shall have: (i) An Ae.ro-tow Rating: (ii) Satisfactorily completed a Glider Instructor's Course ap- proved by the Direc.tor General: (e) ~Z,77.-He shall demonstrate his competency as a Glider Pilot Instructor to the satisfaction of an Examiner by tmdergoing the. fol- lowing flying tests by day within a. period of 6 months immediately preceding the (late of application for the rating T/~e Flyng Te.'~ts.-Shal1 include preflight briefing, preflight in~1)ecnon. checks and ground handling of gliders, take-offs, climb and general flying descent and glide; stalling, spinning and re- (ove.rv. soaring landings, emergency manoeuvres and debriefing. 2. Validity.-The period of validity shall commence from the date of issue or renewal of Instructor's I~ating. The Rating shall be valid for a period not exceeding 12 months. 3. Renewal.-The Instructor's Rating may be renewed on receipt of evidence of the applicant having satisfactorily completed on a glider not less than 10 hours of flight time as an Instructor within a period of 12 months immediately preceding t.he date of application for renewal or in lieu thereof having satisfactorily completed the flying tests as laid down in clause (e) of paragraph 1 within the same period. 4. Privileges.-Subject to the validity of endorsements and ratings in the Glider Pilot's licence, the privileges of the holder of an Instruc- tor's Rating shall be- (a) to impart flying instructions on all gliders entered in the aircraft rating of the Glider Pilot's licence; (b) to supervise and authorise solo flights by student Glider Pilots. SECTION L. PRIVATE HELICOPTER PILOT'S LICENCE 1. Requirements for issue of licence.-An applicant for a Private Helicopter Pilot's licence shall satisfy the following requirements- (a) Age.-He shall be not less than 17 years of age on the date of application; (b) Medical Fitness.-He shall produce on a prescribed pro- forma a certificate of physical fitness from a registered medical practitioner after undergoing a medical examination during which he shall have established his medical fitness on the basis of compliance with the requirements as notified by the Director General under Rule 39B; (c) Knowiedge.-IFIe shall pass a written examination in the following subjects- (i) Air Requ7a.t/oi~s-including flight rules, air traffic con- trol l)1~actices and procedures and regulations concerning op- erat ion of aircraft; (ii) Jii Xe qaton-elementary principles including ele- mentary knowledge and use of aeronautical maps and charts, time. mu a gnet Ic compasses, simple navigational instruments, radio aids, visual and D.IR. Navigation and simple flight ~)iann1ng; PAGENO="1105" AIR LAWS AND TREATIES OF THE WORLD 1095 (iii) Aviation AIeteo'rology-elementary aviation, meteor- ology including significance of aerodronie meteorological oh- servations and warnings; elementary knowledge in reading meteorological charts and of meteorological procedures relat- ing to cross-country flights: salient features of Indian cli- matology; (iv) Aircraft and Engines-including elementary knowl- edge of aerodynamics and theory of flight with particular reference to rotary wing aircraft, engines instruments and handling, care and preflight inspection. The examination shall also include questions pertaining to the class and the type of helicopter for which an aircraft rating is desired. (v) AS~eamanship-important abbreviations used in Ad- miralty charts; Regulations for preventing collisions at sea; lights to be carried by ships and seaplanes; TJniforni system of Buoyage; Meaning of High Water (IfW), Low Water (LW), Mean High Water Springs (MHWS), Mean High Water Neaps (MllWN), Mean Low Water Springs (MLWS), Mean Low Water Neaps (MLWN) and chart datum applicable only to aircraft ratings to include amphib- ians and seaplanes; (d) Experience.-He shall produce evidence of having satis- factorily completed as a pilot on a helicopter not less than 40 hours of flight time, dual and solo which shall include- (i) not less than 15 hours of solo flight time, of which not less than 10 hours shall have been completed within a period of 12 months immediately preceding the date of applica- tion; (ii) not less than 5 hours of cross-country flight time as the sole occupant of helicopter, including a round-trip flight to an aerodrome not less than 25 nautical miles distance from the point of departure and including a landing at the aero- drome. This flight time may be included in the flight time required under sub-clause (1) Provided that a person who has satisfactorily completed not less than 300 hours of flight time as Pilot-in-Command of an aeroplane shall be required to complete on a helicopter not less than 20 hours of total flight time, dual and solo which shall include not less than 10 hours of solo flight time com- pleted within a period of 12 months immediately preceding the date of application for a licence; (e) Skill.-He shall have demonstrated his competency to the satisfaction of the Examiner by undergoing the following flying tests by day on the type of helicopter to which the application for licence relates and within a period not exceeding 6 months immedi- ately preceding the date of application: Time Flying Tests shall include preflight inspection. ground han- dling. take-offs, circuits and landing patterns, general flying turns, hovering, etc.; all normal and emergency manoeuvres appropriate to the type of helicopter used. 2. Validity.-The period of validity shall commence from the date of issue or renewal of the licence. The licence shall be valid for a pe- riod not exceeding 24 months from the date of medical examination, if 39-737-65-vol. 1-70 PAGENO="1106" 1096 AIR LAWS AND TREATIES OF THE WORLD the applicant is below 38 years of age and not exceeding 1~ months from the date of successful medical examination, if the applicant is 38 years of age or above except when an applicant is medically examined br the renewal of his licence during ;~() days immediately preceding the date of expiry of the licence, full period of validity, as applicable, may be allowed from the date of expiry. 3. Renewal.-The licence may be renewed on receipt of satisfactory evidence of the applicant- (a) having undergone a medical examination in accordance with clause (b) of paragraph 1; (b) having satisfactorily completed not less than 5 hours of flight time as Pilot-in-Command of a helicopter within a period of 6 months immediately preceding the date of application for renewal or in lieu thereof having satisfactorily completed the fly- ing tests as laid down in clause (e) of paragraph 1 within the same period. 4. Ratings: (a) Aircraft ratiiig.-The licence shall indicate the class and the types of helicopter the holder is entitled to fly; (b) Sight Ratii~g.-Niglit Rating entitles the holder to carry passengers at night. Conditions for the issue of this rating are as follows- (i) He must have completed not less than ~ hours of flight time as Pilot-in-Command of a helicopter and as sole manipulator of the controls, including not less than 10 take- oils and 10 landing patterns by night within a period of 6 months immediately piecediiig the date of application; (ii) He must have completed not less thami 5 hours of dual instruct ions in night flying. ~oTE.-Night rating is valid only when the holder has within a period of 6 months immediately preceding the in- tended flight carried out 5 take-offs and 5 landing patterns by night as Pilot-in-Command of a helicopter. 5. Extension of Aircraft Rating.-For extension of the Aircraft Rating to include an additional type of helicopter, an applicant shall be required to produce evidence of having passed a written examina- tion in aircraft and engines as mentioned in clause (c) of paragraph 1 and having satisfactorily completed the flying tests as laid down in clause (e) of that paragraph on the type of helicopter for which extension of aircraft rating is desired. The flying test shall have been completed within a period of 6 months immediately preceding the date of application for extension of the aircraft rating. 6. Privileges.-Subject to the validity of endorsements and ratings in the licence, the privileges of the holder of a Private Helicopter PHot's licence shall be to act, but not for remuneration as Pilot-in- Command or as a Co-Pilot of any helicopter which is entered in the aircraft rating of his licence and carry passengers therein: Provided that no flight is undertaken for lure or remuneration of any kind whatsoever Provi deci further that passengers are carried by night only with a valid ni~1it rating: Pro~mded further that all flight9 aro undortaken under Visual Flight Rules. PAGENO="1107" AIR LAWS AND TREATIES OF THE WORLD 1097 SECTION M. COMMERCIAL HELICOPTER PILOT'S LICENCE 1. Requirements for issue of licence.-An applicant for a Com- mercial Helicopter Pilot's licence shall satisfy t.he following require- ments- (a) Age.-He shall be not less than 18 years of age on the date of application; (b) Jledical Fi~ness.-He shall produce on a prescribed pro- foinia a certificate of p11ys~cal fitness from an approved Medical Board after under-going a medical examination during which he shall have established his niedical fitness on the basis of compli- ance with time requirements as notified by the Director General under P~ule ~9B (c) Kiio~r7edge.-He shall pass a written examination in the following subjects- (i) Air Regulations.-inclucling general flight rules, air traffic control practices and procedures and regulations con- cerning operation of aircraft; Knowledge of communication and navigation facilities; aerodromes, search and rescue; rules concerning air transit, customs and health; (ii) Air Ac e~qation.-elementai ~owledge of theoretical and practical air navigation including knowledge and use of aeronautical maps and charts, simple projections, time, mag- net ism, compasses, navigational instruments, radio and ra cla r aids, visual and D.R.. navigation, plotting and flight~ plait- iun~ (iii) Aviation )hleteoro7ogy.-elementary aviation meteor- ology including significance of aerodrome meteorological ob- servations and warnings, basic knowledge of aviation weather codes and plotting: elementary synoptic meteorology includ- ing simple interpretation of weather charts; elementary knowledge of Indian climatology and of meteorological pro- cedures relating to aviation: (iv) Aircraft and E~gine.c.-including elementary knowl- edae of aerodynamics and theory of flight with particulai reference to rotary wing aircraft, general principles and ele- menta ry knowledge of design construction, maintenance and operation of aircraft, engine and instruments; ancillary sys- teins (e.q. fuel, hydraulic, etc.) and emergency systems, in- stallation and equipment: basic knowledge of fuel and lubri- cants; loading of aircraft, weight distribution and its effect on flight characteristics; operating limitations, handling, care and pre-flight inspection. The examination shall also include questions pertaining to the class and the type of heli- copter for which a helicopter rating is desired. (v) Signals (Practical) .-transmission and interpretation of aura.l and visual si~nals; (vi) Sccman.~hp.-important abbreviations used in Ad- miralty charts, Regulations for preventing collisions at sea: Tights to be carried by ships and seaplane~: TTh~forin system of Buoyage: A general knowTed~e of Tides; Meaning of High Water (11W), Low Water (LW), Mean High Water ~prings (MJ[WTS). Mean high Water Xeaps (MiIWX~, PAGENO="1108" 1098 AIR LAWS AXD TREATIES OF THE WORLD Mean Low Water Springs (MLWS). Mean Low Water Neaps (MLWN) and chart Datum applicable to aircraft rating to include amphibians and seaplaiies; (d) Expeuier~ce.~1-1e shall produce. evidence of having satis- factorily completed as a pilot of a helicopter not less than 100 hours of flight time which shall include- (i) not, less than 50 hours of flight time as Pilot-in-Com- mand of a helicopter; (ii) not less than 10 hours of cross-country flight time as Pilot-in-Command of a helicopter: (iii) not less than 10 hours of flight, time as Pilot-in-Com- mand of a helicopter within a perio(l of 6 months immediately preceding the date of application for licence; out. of which not. less than five hours of flight time by night. as Pilot-in- Command of a helicopter which shall include not. less than ten take-offs and ten landing patterns by night: Provided that a person who is the, holder of professional pilot's licence and who has sat isfactorilv completed not less than 500 hours of flight time as Pilot-in-Command in an aeroplane shall be required to complete on a helicopter not less than 30 hours of flight time dual and solo, including not less than 20 hours of flight time, as Pilot-in-Command which shall include not less than 5 hours of cross-count.ry flight time not less than 10 take-oIls and 10 landing patterns by night and not less than 5 hours of flight time within a period of 6 months immediately preceding the date of application for licence; (e) AS7cI11.-He shall have demonstrated his competency to the satisfaction of an Examiner by undergoing the following flying tests by day and by night. on the type of helicopter to which an application for licence relates within a period of six months im- mediately preceding the date of such application: The Flying Tests.-shall include preflight inspection, ground handling, take-offs. circuits and landing patterns, general flying turns, hovering, etc., all normal and emergency manoeuvres ap- propriate to the type of helicopter used. 2. Validity.-The period of validity shall commence from the date of issue or renewal of the licence. The licence shall be valid for a period not exceeding 12 months from the. date of medical examination if the applicant, is below 38 years of age and not exceeding 6 months from the da.te of successful medical examination if the applicant, is 38 years of age and above, except when an applicant is medically exam- ined for the renewal of his licence during 30 days immediately preced- ing the date of expiry of the licence, full period of validity, as appli- cable may be allowed from the date of expiry. 3. Renewal.-The licence may be renewed on receipt of satisfactory evidence of the applicant: (a) having undergone a medical examination in accordance with clause (b) of paragraph 1; (b) having satisfactorily completed not less than 5 hours of flight time as Pilot-in-Command of a helicopter within a period of 6 months immediately preceding the. date. of al)plication for renewal or in lieu thereof having satisfactorily completed the PAGENO="1109" AIR L~W5 AND TREATIES OF THE WORLD 1099 flying tests as laid down in clause (e.) of paragraph 1 within the same period. 4. Ratings: (a) A~rci~aft Rat~ng.-'f he licence shall indicate the class and the types of helicopters the holder is entitled to fly. (b) hi stiueto,~'.~ R1'F t;ii g.-Inst.ructor's Rating entitles the holder to impart flying instruction on types of helicopter entered in the rating. Conditions for the issue of this rating are as follows- i) He must have cornl)leted not less than 200 hours of flight time as Pilot-in-Command of a helicopter including not less than 20 hours of flight, time by night ; and (ii) He must have undergone an apl)rovecl course of train- ing if required by the Director General. 5. Extension of Aircraft Rating.-For extension of the aircraft rating to include an additional type of helicopter, an applicant shall be required to produce evidence of having passed a written examina- tion iii aircraft and engines as n~entionecl in clause (c) of paragraph 1 and having satisfactorily completed the flying tests as laid down in clause (e) of paragraph 1 in respect of the type of helicopter for which the aircraft rating is desired. The flying test shall have been corn- pleted within a period of 6 nionths immediately preceding the date of application for extension of ftc aircraft rating. 6. Privileges.-Subject. to the validity of endorsements and ratings in the licences, tile privileges of the holder of a Commercial Heli- copter Pilot's licence, shall be to act as Pilot-in-Command or Co-pilot of any nelicopter which is entered in the aircraft rating of his licence: Provided that when passengers are to be carried at night, he shall have carried out within a pei'iocl of 6 months immediately preceding the inten(le(l flight not less I han 5 take-offs and .5 landing patterns by night. as Pilot-in-Command of a helicopter. Provided further that lie shall not fi under Instrument Flight Rules. Provided further that he shall have undergone satisfactorily appro- priate prohcieiic checks withm the preceding 6 months of any intended flight. carrying ~)assengers in respect of such types of heli- copters entered in the aircraft rating of his license and specified by the Director General. SECTION N. STUDENT NAVIGATOR'S LICENCE 1. Requirements for Issue of Licence.-An applicant for a Stu- dent. Navigator's License shall satisfy the following requirements- (a) Age.-He shall be not less than 20 years of age on the date of application; (b) Med~cai Fitnes.s.-He shall produce on a. prescribed pro- forma a certificate of physical fitness from an approved Medical Board after undergoing a medical examination during which he shall have established his medical fitness on the basis of compli- ance with the requirements as notified by the Director General under Rule 39B; (c) Knou'ledqe.-_He shall pass a written examination with oral and practical tests in the following subjects- PAGENO="1110" 1100 AIR LAWS AND TREATIES OF THE WORLD (i) Air Regu.la.tion~.-inc1uding general flight rules, air traffic control practices and procedures and regulations con- ceiming operation of aircraft: search and rescue, rules con- cerning air-transit., customs and health; knowledge of aero- dromes, flight information regions, control zones, airways, communication and navigational facilities; International Convent ions of Air Navigation and international conferences and agreements. (ii) Air Navigation..-including the form of the Earth, Maps and Charts-Definitions, units and formulae used in air navigation; project ions, aeronautical in aps and chart s-their constructiofl~ properties and use; Flight Na cigation .-pre.flight planning and en route flight planning; keeping of navigation log, navigation hr dead reckoning, b use of aeronautical maps by radio/radar and celestial observations; methods of pressure pattern naviga- tion, grid navigation and navigation in higher latitudes and polar regions, tides and searches; Instrume?~ t.~.-Magnetism: principles of construction and operation including calibration and use of iristrumeiits and compasses and the errors to which they are subject and where applicable the methods of correction: Radio/Radar.-Kriowledge and use of facilities. equipment and installations including procedures in current use for air navigation; Astronomical Na ciqatio-n.-Celestial sphere. definitions, movement of heavenly bodies and their selection and iden- tification for the purpose of observation and reduction of sights; Use of aeronautical tables and air almanacs: Use of ast ro-navigation instruments and their errors; (iii) Ariation Meteorology.-intermediate aviation mete- orology with special emphasis on atmospheric pressure~ den- sity, altimetry and upper wind circulations; knowledge of aviation weather codes and plotting; aircraft observation pro- cedures: synoptic meteorology including simple analysis and interpretation of weather charts; principles of aerologation; elementary world climatology: detailed knowledge of Indian climatology and of meteorological procedures relating to avia- tion. (iv) ~igi~i~l~ (Practical) .-transmission and interpreta- tion of aural and visual signals. 2. Validity.-The period of validity shall commence from the date of issue or renewal of the licence.. The Licence shall be valid for a period not exceeding 12 months from the date of a medical examina- tion, except when a candidate has been medically examined1 (luring 3(1 days immediately preceding the date of expiry of the licence, full period of validity may he allowed from the date of expiry. The total period of validity in any case shall not. exceed 24 months from the (late of commencement of the exai~iinatioI1 referred to in ciause (c) or paragraph 1. 3. Renewal.-The Licence may be renewed on receipt of satisfac- tory evidence of the applicant having undergone a medical examina- tion in accordance with clause (b) of paragraph 1 and subject to satis- factory exercise of privileges. PAGENO="1111" AIR LAWS AND TREATIES OF THE WORLD 1101 4. Privileges.-The privileges of the holder of a Student Naviga- t.ors License. shall be to act as a Navigator on any flight, where a flight navigator is required to 1)e carried in accordance with rule 38A pro- vided that. he shall so act at. all times under t.he direct supervision of a licensed Flight Navigator and solely for the purposes of gaining practica.l experience in navigation to qualify for a Flight Navigator's Licence. SECTION 0. FLIGhT NAvIGATOR'S LICENCE 1. Requirements for issue of Iicence.-An applicant for a Flight Navigator's Licence shall satisfy the following requirements- (a) Age.-He shall be not, less than 21 years of age on the date of application; (b) Medicid Fitn.es$.-He shall produce on a prescribed pro- forma a certificate of physical fitness from an approved Medical Board, after undergoing a medical examination during which he shall have established his niedical fitness on the basis of com- pliance with the requirements, as notified by the Direct.or Gen- eral under rule 39B; (c) Knowledge.-He shall pass a written examination with oral practical tests in the following subjects- (1) Air Regulations.-including general flight rules, air traffic control practices and procedures and regulations con- cerning operation of aircraft, search and rescue, rules con- cerning air-transit, customs and health; knowledge of aero- dromes, flight information regions, control zones, airways, communication and navigational facilities; international Conventions of Air Navigation and international c.onferences and agreements; (ii) Air JVav?ga.tiom-including q'~~ Form of the Eu'th. J[aps and G7iart.~.-J)efinitions. units and formulae. used in air navigation; projections, aero- nautical maps and charts-their construction, properties and use; Flight ~Vaviga.tion.-Preflight. planning and en route flight planning; keeping of navigation log; navigation by dead reckoning, by use. of aeronautical maps, by radio/radar and celestial observations: methods of pressure pattern naviga- tion, grid navigation and navigation in higher latitudes and polar regions: tides and searches: Ins f rvnsent.~.-Magi~et ism; principles of construction and operation including calibration and use of instruments and compasses and the errors to which they are subject. and where applicable the methods of correction; Radio/Radcr.-Know]edge and use of facilities, equip- ment. and installations including procedures in current use for a.ir navigation: Asti~onomkal Nai'iq7t~on.-Celestial sphere, definitions, movement, of heavenly bodies and their selection and identifi- cation for the purpose of observation and reduction of sights; JJse of aeronautical tables and air almanacs: Fse of astro- navigation instruments and their errors: PAGENO="1112" 1102 AIR LAWS AND TREATIES OF THE WORLD (iii) J ?,(,tion Jldci'oloqy.-intermediate aviation meteor- ology with special emphasis on atmospheric pressure density, altimetry and upper wind circulations: knowledge of aviation weather codes and plotting: aircraft observation proce- dures, synoptic meteorology including simple analysis and interpretation of weather charts: ~)rincip1es of aerologat.ion; elementary world climatology; detailed knowledge of Indian climatology and of meteorological procedures relating to aviation; (iv) kS1igna is (Pr~efea7) .-transmission and interpreta- tion of aural and visual signals: (d) Erpei~enee.-He shall produce evidence of having satis- factorilv completed within a period1 of 2 years immediately precedmg the (late of application the following air navigation experience, as a Navigator- (i) not less than 200 hours of cross-country flight time of which not less than 100 hours including 50 hours by night shall have been completed on flights of not less than 1,000 nautical miles without landing or of at least 5 hours duration each during w-hich he shall have navigated an aircraft by the use of (lead reckoning, radio hearing and such other aids as may be available to him and shall have made 50 astronomi- cal observations of heavenly bodies including not less than 25 by night and that he shall have appropriately and satisfac- torily used the results of those observations in navigating an aircraft. Out of this flight time of 100 hours. not less than 50 hours including not less than 15 hours by night shall have been completed and out of these 50 astronomical observations, not less than 15 by day and 10 by night shall have been made within a period of 12 months immediately preceding the date of application for license; (ii) the remainder of 200 hours as mentioned in sub-clause shall have been completed on flights of not less than 3 hours (lurat ion each Provided that a pilot who has satisfactorily completed as a pilot-navigator on flights of not less than 3 hours duration each, at least. :~00 hours including not less than 50 hours by night shall not he required to produce evidence of exl)erieflCe required under this clause (e) SZ~77.-TIe shall demonstrate in flight by day and by night within a period of six months immediately preceding the date of application that lie is competent to navigate an aircraft. by dead reckoning~ celestial and radio /radar observations. 2. Validity.-The period of validity shall commence from the date of issue or renewal of the licence. The Licence may be valid for a l)eriod not exceeding 12 months from the date of a medical examina- tion, except when a candidate has been medically examined during 30 da.s immediately preceding the (late of expiry of the licence, full periol of validity may be allowed from the date of the expiry. 3. Renewal.-The licence may be renewed on receipt of satisfactory vidence of applicant (a) having undergone a medical examination in accordance with clause (b) of paragraph 1; PAGENO="1113" AIR LAWS AND TREATIES OF THE WORLD 1103 (b) having colnplete(l as a Flight Navigator not less than 20 hours of flight time during which he shall have navigated an aircraft by the use of of dea(l reckoning. radio bearings and such other aids as are available to him and shall have made 10 astro- noinical observations of heaveiily l)odies and having appropriate- lv and satisfactorily used the results of those o1wervations in navi- gating an aircraft within a period of 12 months immediately pre- ceding the (late of application for renewal, or in lieu thereof; hav- ing satisfactorily completed the tests as laid down in clause (c) of paragraph 1 within the same period. 4. Privileges.-The privileges of the holder of a Flight Navigator's licence shall be to act as a Flight Navigator on any flight where a Flight Navigator is required to be carried in accordance with rule 38X. SECTION P. STUDENT FLIGhT ENGINEERS LICENSE 1. Requirements for the issue of licence.-An applicant for a Student Flight Engineer's Licence shall satisfy the following require- ments- (a) Age.-}Je shall be not less than 21 years of age on the date of application; (b) Medical Fitness.-He shall produce on a prescribed pro- forma a certificate of physical fitness from an approved Medical Board after undergoing a medical examination during which he shall have established his medical fitness on the basis of compliance with the requirements as notified by t.he Director General under rule 39B; (c) Knowledge.-He shall pass a written examination in the following subjects- (i) Regulations and Pi'ocedure.-inc.luding rules, regula- tions and procedure in force so far as duties of Flight Engi- neers are concerned; (ii) Aircraft and Engines.-including elementary knowl- edge of aerodynamics and theory of flight, general principles of construction, maintenance and functioning of airframes, power plants and installed equipment on aircraft (fuel hy- draulic and electrical systems, etc.), normally requiring a Flight Engineer, type of fuel, refuelling procedure, prepara- tion of reports illustrated by sketches if necessary describing replacement or repair required in the case of damage. No~.*-X candidate possessing ÂME's licence with appropriate air- craft rating may be execmpted from the whole or part of the written examination at the discretion of the Director General. (d) Experience.-He shall produce evidence of having satis- factorily completed: a minimum of 3 years practical experience to the satisfac- tion of the Director General in maintenance and repair of aircraft and engines out of which 12 months shall have been in the maintenance and repair of multi-engine aircraft having engines rated at not less than 800 B.H.P. each out of t.hese 12 months, not less than 3 months shall have been spent on main- tenance and repair of the type of aircraft which is desired to be included in the aircraft rating of his licence, within a PAGENO="1114" 1104 AIR LAWS AND TREATIES OF THE WORLD period of 2 years immediately preceding the date of applica-. tion; or an approved course of training of at least two years clura- tion in maintenance, repair and overhaul of aircraft and engines, out. of which at least. 6 months shall be in the main- tenance and repair of multi-engine aircraft having engines rated at. not. less than S00 B.H.P. each; out of these 6 months not less than 3 months shall have, been spent on maintenance and repair of the type of aircraft which is desired to be in- chided in the aircraft rating of iiis license within a period of 2 years immediately preceding the date of application; or not. less than 00 hours of experience as Pilot-in-Command of a multi-engine aircraft. with an all-up-weight of not. less than 14,000 kgs, of any other iiiulti-engine aircraft having a Flight Engineers Station and iii addition, he shall have spent not less than 3 months on maintenance and repair of the type of aircraft which is desired to be included in the aircraft rat- ing of his licence within a pei~iod of two years immediately preceding the date of his application. 2. Validity.-The period of validity shall commence from the date i s~ue or renewal of tile licence. The 1 (once shall be val id for a perod not exceeding 1 months fi-om tile (late of medical examination. 3. Renewal.-Licence. may be renewed for a period not exceeding 12 months ft-ian the date of a successful medical examination subject to the total validit of the licence not exceeding 24 months from the date of issue.. 4. Aircraft Rating.-Licence shall indicate the types of aircraft on which tile holder is entitled to fly in the capacity of a Student Fii~ht. Engineer. 5 Extension of Aircraft Rating.-For extension of the aircraft ritin~ to ~ncltide an additional type of aircraft an applicant shall be required to l)rOduce evidence of having passe.d a written examination in aircraft and engines as mentioned in clause (c) of paragraph 1 per- taining to tile aircraft. for which the extension of aircraft rating is desired and of having a minimum experience to the satisfac.tion of the Director General of not less than 3 months on maintenance and repair of the same type of aircraft during a period of 2 years immediately preceding the date of application. 6. Privileges.-Subject to the validity of endorsements and rating in the. licence the privileges of the holder of a Student Flight Engi- neers licence shall be to ac.t as a Student. Flight Engineer of any type of aircraft entered in aircraft rating of his licence, and which has at separate Flight Engineers' Station provided that- (a) he shall so act at all times under the personal supervision of a Flight Engineer and solely for the purpose of gaining flight experience required for obtaining a Flight Engineers' licence; (b) he shall not act as a Student Flight Engineer of a trans- port aircraft carrying passengers, unless he has satisfactorily ~omp1eted a course of trainin~r for a minimum of 10 hours on local PAGENO="1115" AIR LAWS AND TREATIES OF THE WORLD 1105 training' flights or non-passenger carrying flights during which he shall have carried out not less than 10 take-offs and 10 landings and lie has been certified fit by an Examiner to operate as a Stu- (lent Flight Engineer on the type of trallsl)Ort aircraft carrying ~)a5se1lgers. Out of the 11) hours stipulated as training experi- ence. not more than ~ hourS shall be on an approved synthetic device. Landings carried out on synthetic device shall not count towards tlìe 10 landings referred to above. SEC'I'IOX Q. FLIGhT ENGINEERS LI(ENCE 1. Requirements for Issue of licence.-An applicant for a Flight Engineer's licence shall siitisfv the following requirements: (a) Jqe.-He shall be not less than ~1 veal's of age oii the date of application: (b) 3fed;cc/ F;tne~.-He shall pro(luce on a presCril)ed p~'~- fornia a certificate of physical fitness from an approved Medical Board after un(lergoihlg ~i medical examination during which he shall have established his me(llcal fitness, on the basis of com- pliance wjth the requirements as notified b the Director General under Rule 39-B (c) f~iio~c7cc/~'e.-TIe shall pass a written cxamination in the following subjects ~ ~ P/'ocr(7///c.-Ill(lu(Ting rules~ regula- tiGII-i an(l pI'oce(luI'e in -~() lar as the duties of flight engineers are eon'erned: ii) J ;,i,ctt ci~e7 l~iir~;iic~.-\ai'ious 1 ecu's and defimtions ll5C~ i UI the operation of aircra ft. g('ner~ knowledge of air- (`rafr operation. detailcd knowledge oF iio~nuals of the type of a ~cra ft to winch the 01)1)1 icat 1011 relates: my ] a Is of effect- ing iii flight in Inor repairs. replaceiiieilts am :i ljustments airc~'aft perfoi'maiices with respect lo speed I iiuiitations and the n~'ocedure to be followed in ease of efliergency I)a1'tictllariY n the event of fire in air or power l)laflt fo ilure : flight ~ian- iii ng ba~ed on loading and performance chart-. fuel consump- lion and engine power chives, control of 1)0wE~1' output audi mathematical (on) putations involved : General knowledge of varying meteorolo~'icai conditions and their effect on po~veu'- plant operation and aircraft loading and (~.G. computations: (d) E.epei'~e'nce.-Xn applicant shall produce evidence of hav- ing completed within a pei'iod of 1~ months immediately preced- ing the date of the. application for licence i~U hours' of flying ex- perience. Out of this flying experience not more than 10 hours shall have been 01)1 ained on an approved synthetic flight trainer: (e.) ~S'~77.-He shall have denionsti'ated his compel ency as a Flight Engineer to the satisfaction of an Examiner by undergoing the following tests on the type of aircraft to which the applica- tion for licence relates within a pel'iodl not exceeding 6 months ml- mediately preceding the date of such application: The flight tests shall include handling care and pre-flighit in~ spection : practical knowledge of emergency pro(e(lilres and the ability to take appropriate action in the event of engine failure occurring particularly on take-offs and landings. PAGENO="1116" 1106 AIR LAWS AXD TREATIES OF THE WORLD 2. Validity.-The period of validity shall commence from the date of issue or renewal of a. licence. The licence shall be valid for a period not exceeding 12 months from the date of medical examination, except when an applicant has been medically examined during thirty days immediately preceding the date of expiry of the licence full period of validity may be allowed from the date. of expiry. 3. Renewal.-The licence may be renewed on receipt of satisfactory evidence of an applicant.: (a) having undergone a successful medical examination in accordance with clause (b) of paragraph 1 above; (b) having satisfactorily completed not less t.haii 20 hours of flight. time. as a Flight Engineer within a period of 6 months imme- diately preceding the date of application for renewal or in lieu thereof; having completed flight tests as laid down in clause (c) of paragraph 1 within the same period. 4. Aircraft Rating.-The licence shall indicate the types of aero- planes the holder is entitled to fly in the capacity of a Flight Eiigineer. 5. Extension of Aircraft Rating.-For extension of aircraft. rat.ino to include an additional type of aircraft, an applicant shall be require~ to produce evidence of- (a) having completed to the satisfaction of the Director Gen- eral, a minimum experience of not less than 3 months on mainte- nance and repair of aircraft desired to be included in the air- craft rating of the licence within a period of 2 years immediately preceding the date of application; (b) having passed a written examination in aircraft and engines as mentioned in clause (cI of paragraph I (c) having successfully completed the flight tests as laid down in clause (e) of paragraph 1 in respect of the type of the aircraft. for which the aircraft rating is desired within a period of 6 months immediately preceding the date of application for exteiis~on of Aircraft Rating. 6. Privileges.-Subject to the endorsements and ratings in the licence the privileges of the holder of a Flight Engineer's licence shall he to act as a. Flight Engineer in any aircraft of a type specified in the Aircraft Rating of this licence. SECTION R. FLIGI IT RADIO TELEPHONE OPERATOR'S LICENCE 1. Requirements for issue of Iicence.-An applicant for a Flight Radio Telephone. Operator's Licence shall satisfy the following re- quiremeimt s- (a) Age.-He. shall be not. less thami 18 years of age on the date of application: (b) Jfedica7 f/~c9~.-T-Ie shall I)roduce on a prescribed pi'o forma a certificate of physical fitness from either a registered medical practitioner or an approved medical board after under- going a medical examination during which lie shall have estab- lished his medical fitness, on the basis of compliance with the re- quirements as notified by the Director General under rule 39-B; (c) Knowledge- PAGENO="1117" ATE LAWS AND TREATIES OF THE WORLD 1107 (i) Tec/~ncal Q~i;ficat;on~.-He shall produce a valid Radio Telephone Operator's (Restricted or General) Certifi- cate endorsed for Aeromobile Service issued or recognised by the Ceiitral Government under the Indian Wireless Teleg- raphy Rules, 1954; (ii) Other Requ~rement.-He may be required to pass, at the discretion of the Director General a test to establish his knowledge of the current Aeromobile radio-telephone operat- ing practices and procedures, standards and recommended practices pertaining to air traffic control communication as promulgated by the Director General from time to time. (d) Experience.-He shall produce satisfactory evidence of having completed not less than 2 months satisfactory experience as a Flight Radio Telephone Operator and obtained at least 10 hours' experience in flight during the preceeding 12 months in an aircraft equipped with radio apparatus in accordance with rule 63: Provided that an applicant who has not had the experience as required above may be granted a. provisional licence for a period not exceeding one year in order to enable him to obtain the neces- sary experience; Provided further that an applicant who is a licensed flight crew will not be required to produce evidence of experience. (e) Skil~.-He may, if so necessary, be subjected to a flight check as provided under rule 12(3) of the Indian Wireless Teleg- ra.phy Rules, 1954, to establish his compentency as a Flight R.adio Telephone Operator. 2. Validity.-The period of validity shall commence from the date of issue or renewal of licence. The licence shall be valid for a period not exceeding 12 months from the date of medical examination except where an applicant is medically examined during 30 days preceding the date of expiry of licence full period of validity may be allowed from the date of expiry subject to the validity of the Radio Telephone Operator~s (Restricted on General) Certificate issued under t.he Indian Wireless Telegraphy Rules, 1954. 3. Renewal.-A licence will be renewed on production of satisfac- tory evidence of- (a.) having undergone a medical examination in accordance with clause (b) of paragraph 1; (b) havincr a current Radio Telephone Operator's (Restricted or General) ~ertificate (Aerornobile Service) issued or recognised by t.he Central Government under t.he Indian Wireless Telegraphy Rules, 1954. 4. Privileges.-_Subject to the endorsements in the licence, the privi- leges of the holder of a Flight Radio Telephone Operator's licence shall he to act as a Flight Radio Telephone Operator on any aircraft equipped with radio apparatus in accordance with rule 63, except that the holder of a provisional licence shall at all times operate under the supervision of a person holding a Flight R.adio Operator's or Flight Radio Telephone Operator's licence. PAGENO="1118" 1108 AIR LAWS AND TREATIES OF THE WORLD SECTION 5. FLIGhT RADIO OPERATORS LICENCE 1. Requirements for issue of licence.-An applicant, for a. Flight Radio Operator's Licence shall satisfy the following requirements- (a) Age.-He shall be not less than 18 years of age on tile date of application; (b) jIedcq7 fitn.e$s.-He shall produce on a prescribed pro- forma a certificate of physical fitness from a.n approved medical board, after undergoing a medical examination during which he shall have established his medical fitness on the basis of compli- ance with the requirements, as notified by the Director General under Rule 39-B (c) J.(iio'wledge.- (i) Tec/cii~a7 Qua.l;fieat;oiis.-He shall produce a valid First Class Radio Telegraph Operator's Certificate endorsed for Aeroinobile Service issued or recognised by tile Central Government under the Indian Wireless Telegraphy Rules, 1954: (ii) Ot/ie'i' Requ.irem.ent.-He may be required to pass, at tile discretion of the Director General, a test to establish his knowledge of the current aeromobile. radio telegraph/tele- phone operating practices and procedures, standards and rec- ominended practices pertaining to air traffic control corn- miuiicat.ion as promulgated by the Director General from time to time; (d) Experieiice.-He shall produce satisfactory evidence of having completed not less than 4 months satisfactory experience as a Flight Radio Operator and obtained at least 25 hours' ex- perience in flight during the preceding 12 months in an aircraft equipped with radio apparatus in accordance with Rule 63: Provided that an applicant who has not had the experience as required may be granted a provisional licence for a period not exceeding one year in order to enable him to obtain the necessary experience: (e) Skili.-He may, if so necessary, be subjected to a. flight check as provided under rule 12(3) of the Indian Wireless Teleg- raphy Rules, 1954 to establish his competency as a Flight Radio Operator. 2. Validity.-The period of validity shall commence from the date of issue or renewal of licence. The licence shall be valid for a period not exceeding 12 months from the date of medical examination except where all applicant is medically examined during 30 days precedinig the date of expirv of the licence, full period of validity may be allowed from the date of expiry subject to the validit.y of the First. Class Radio lelegraph Operatofs Certificate issued under the Indian Wireless `Telegraphy Rules, 1954. 3. Renewal.-A licence will be renewed on production of satisfac- tory evidence of- (a) having imclergone a. medical examination in accordance with clause (b) of paragraph 1: (b' having a current First. Class Radio Telegraph Operator's Certificate (`Aeromobile Service) issued or recognised by the Cen- tra 1 Government under the Indian Wireless rrelegraphl.~~ Rules,. 1954. PAGENO="1119" AIR LAWS AXD TREATIES OF THE WORLD 1109 4. Privileges.-Subject to the endorsements in the licence, the privi- leges of the holder of a Flight I~adio Operators licence shall be to act as~a Fli ht~ Radio Operator on any aircraft equipped with radio ap- p~1ratiis in accordance with Rule 63, except that the holder of a pro- visional licence shall at all times operate under the supervision of a peison holding a Fight Radio Operators licence. ~0. in Schedule VI in the entry iii the 2nd Column against S. No. 6 Log Books, for the figures "67". the following shall be substituted, ii a mel v~ "67, 67A". [No. F. 10-A/67--61/AR/AM(6) .`] Xew Del/il. the 8th Septeinbe~ 1962 G.S.R. 1239.-The Indian Aircraft Rules, 1937, have been revised to bring the rules pertaining to personnel licensing in India in line with the minimum standards piescribed in Annex 1 (Personnel Licensing) of t.he Convention on International Civil Aviation. Draft amendments to indian Aircraft Rules were published in the Gazette of India dated the 16th July 1960. After giving due consideration to comment.s received thereon from interested persons and organisa- tions the amendments have been finalised by the Government of Iiiclia and are being published in the Gazette of India dated the 15th Sep- tember 1962. Government have decided that these amended rules will be brought into force with effect from 8th September, 1962. From this date, all flight crew licence.s shall be issued in accordance with the revised rules. 2. (a) In exercise of the powers conferred by rule 160 of the Indian Aircraft Rules, 1937, the Central Government hereby exempts the holders of the various types of current aircrew licences, namely, Pri- vate Pilots' Licence. (A Licence), pilots' "A-i" Licence, Pilots' "B" Licence, Pilot Instructors' Licence, First Class Navigators' Lice.nce, Second Class Navigators' License, Instrument Rating Certificate, Flight Engineers' Permit, Flight Radio Telephone operators' Licence, Flight Radio Operators' Licence, on the 7th September, for a period of 12 months i.e. upto the 7th September, 1963 from the rele- vant provisions of the Indian Aircraft Rules a.s amended [v/dc this Ministry's notification No. 10-A/67-61/AR/AN(6), dated 8th Sep- tember 1962] to enable them to get their licences converted to the ap- propriate new flight crew licences, subject to the conditions specified in this notification. (b) Glider pilots, pilot trainees or any other category of aircrew who, under the present. rules, are not required to be in possession of a licence or are not governed by the present rules, are permitted to con- tinue to operate as such upto 7th March, 1963. 3. Only current licences will be accepted for conversion and requests received for conversion after 7th September, 1963, will not be enter- tained. All the existing licences/rating/permit mentioned in pam. 2 above will be invalid on or after 8th September, 1963. 4. Details of requirements in regard to examinations, flight tests, technical knowledge, etc., for conversion of the existing air crew licences/rating/permit to the appropriate new licences are prescribed in Appendix `A' to this Notification. PAGENO="1120" 1110 AIR LAWS AND TREATIES OF THE WORLD 5. Copies of syllabi for the supplementary examinations, where applicable can be. obtained from the Director General of Civil Avia- tion, New Delhi. 6. The fees for the examination shall be as laid down in Appendix 7. Requests for conversion of flight crew licences/rating/permit should be sent to the Director General of Civil Aviation, Talkatora Road, New Delhi, along with the necessary documents aiid certificates as given in Appendix `A'. [No. 1OA/67-61 PLAR 1937(71).] APPENDIX A Conversion of existing airerew licences to ~~ew licences u'nder revised Indian Aircraft Ru/es [All references to rules are to the Indian Aircraft Rules only, as re- vised-vide Government of India Notification No. 1O-A/67-61/ AR/AN ( G) , dated the Stli September. 1 96~.] 1. Issue of Private Pilot's Licence in exchange for Pilot's `A' Licence.-The applicant shall submit the following documents and certificates: (a) His current Pilot's `A' licence which will be cancelled; (b) A medical fitness certificate as required in accordance with Section C, Schedule II of Indian Aircraft Rules; (c) Result sheets showing that the applicant has passed a sup- plemeiftary oral examination in the following subjects: Supplementary Examination No. 1 (i) Air Navigation (ii) Aviation Meteorology (iii) Aircraft & Engine (for aircraft Rating) (iv) Seamanship (if applicable). The syllabus and standard of the examination will be in ac- cordance with Section C of Schedule II of Indian Aircraft Rules. NorE.-Applicants who have passed relevant examinations for the issue of Pilot's `A-i' or `B' licence may be exempted from examination for items (i), (ii), and (iii), and those who have passed First or Sec- ond Class Navigator's licence examinations in the relevant subjects may be exempted from items (i) and (ii). Applicants having more than 75 hours of cross-country flying experience as a Pilot-in-Corn- mnand may also be exempted from items (i) and (ii). (d) A certificate of experience as required in Section C of Schedule II of Indian Aircraft Rules along with the applicant's log book duly certified; (e) A treasury receipt for Rs. 5 towards fees; (f) Three copies of recent unmounted photograph size 3 X 4 cms. of applicant's head (uncovered) and shoulders in front view. Time photographs should be signed on the reverse; NOTE 1.-Aircraft rating will be issued only in respect of those aeroplanes endorsed on his Pilot's `A' licence and which he has flown PAGENO="1121" AIR LAWS AND TREATIES OF THE WORLD 1111 as Pilot-in-Command within the. preceding 12 months. Proof of hav- ing so flown an aircraft will have to be furnished; 2. All other requirements as applicable for issue of night rating and instrument rating will be in accordance with paras, 4(b) and (c) of Section C of Schedule II of Indian Aircraft Rules. 2. Issue of Commercial Pilot's licence in exchange for the Indian `B' licence.-The applicant shall submit the. following documents and. certificates: (a) His current Pilot's `B' licence, which will be cancelled; (b) His current certificate of competency as specified in para. 1(e) of Section D, Schedule II of Indian Aircraft. Rules which will be returned; (c) Result sheets showing that the applicant has passed his supplementary oral and practical examination in the following subjects: Supplementary Examination No. 2 (i) Radio/Radar Aids. (ii) Signals (Practical) (iii) Seamanship (if applicable.). The syllabus and the standard of the examination will be in accordance with Section D of Schedule II. of Indian Aircraft Rules. (d) A certificate of e.xperience as required ill para. 1(d) of Section D of Schedule II of Indian Aircraft Rules along with applica.nt's log book duly certified: (e) A treasury receipt for Rs. 10 towards the fees; (f) Three copies of recent unmounted photograph size 3 X 4 cms. of applicant's head (uncovered) and shoulders in front view. The photographs should be signed on the re verse. NOTE 1.-Aircraft Rating will be issued subject to the limit as stated in para. 6 of Section D of Schedule II of Indian Aircraft Rules for types which are endorsed on his `B' licence and which have been flow-n by him as a Pilot-in-Command or a co-pilot during the preceding 12 months. Proof of having so flown an aircraft will have, to be furnished; 2. All other requirments as applicable for issue of various ratings will be in accordance with para. 4 of Section D of Schedule. II of Indian Aircraft. Rules. 3. Issue of Senior Commercial Pilot's licence in exchange for the Indian Commercial Pilot's `B' licence.-The applicant shall submit the following documents and certificates- (a) His current Commercial Pilot's `B' licence, which will be cancelled; (b) His current certificate of competency as specified in para. 1(e) of Section E of Schedule II of Indian Aircraft Rules, which w-ifl be returned; (c) (i) His Second Class Navigator's licence or result sheets showing his having passed in all subjects for the issue of such a licence within the preceding 2 years; (ii) Result sheets showing that the applicant has passed a sup- plementary oral examination in the following subjects: 39-737 0-65-vol. 1-71 PAGENO="1122" 1112 AIR LAWS AND TREATIES OF THE WORLD Supplementary Examination No. 3. (1) Radio-Radar Aids (2) Seamanship (if applicable) N0TE.-Applica.nts who have passed only in some of the subjects for issue of Second Class Navigator's licence will be required to pass the remaining subjects in the regular examination for the issue of Senior Commercial Pilot's licence including the paper on Radio and Radar aids. The applicant should have passed all examinations including Second Class Navigator's licence subjects within the preceding 2 years. (d) A certificate of experience as required in para. 1(d) of Section E of Schedule II of Indian Aircraft Rules along with the applicant's log book duly certified. (e) A treasury receipt forRs. 10 towards fees; (f) Three copies of recent unmounted photograph size 3X4 cms. of applicant's head (uncovered) and shoulders in front view. The photographs should be signed on the reverse. No'rr 1.-Airc.raft rating will only be issued subject to the limits as stated in para. 6 of Section E of Schedule II of Indian Aircraft Rules for types which are endorsed on his `B' licence and which have been flown by him as a. Pilot-in-Command or a co-pilot during the pre- ceding 12 months. Proof of having so flow-n an aircraft will have to be furnished; 2. All other requirements as applicable for issue of various ratings will be in accordance with para. 4 of Section E of Schedule II of In- dian Aircraft Rules. 4. Issue of Airlines Transport Pilot's licence in exchange for the Indian Pilot's `B' Licence.-The applicant shall submit the following documents and certificates: (a) His current Pilot's `B' Licence, which will be cancelled; (b) His current certificate of competency as specified in para. 1(e) of Section F of Schedule II of Indian Aircraft Rules which will be returned; (c) His current Instrument Rating Certificate, which will be cancelled; (d) (i) His Second Class Navigator's Licence or result sheets showing his having passed in all the subjects for issue of such a licence within the preceding 2 years; (ii) Result sheets showing that the applicant have passed the supplementary examination in the following subjects. Supplementary Examination No. 4 (1) Radio/Radar Aids (2) Flight Operations-including: Celestial Navigation Navigation in high latitudes Grid Navigation Pressure pattern flying Flight Navigation (3) Seamanship (if applicable). N0TE.-Applicants who have passed only in some of the subjects for issue of Sec.ond Class Navigator's Licence w-ill be required to pass in PAGENO="1123" AIR LAWS AND TREATIES OF THE WORLD 1113 the remaining subjects in the regular examination for issue of Airline Transport Pilot's Licence, including the paper on Radio and Radar aids. The applicant~ should have passed all examinations including Second Class Navigator's Licence subject.s within the. preceding 2 years. (e) A certificate of experience as required in pai'a. 1(d) of Sec- tion F of Schedule II of Indian Aircraft Rules along with the applicant's log book duly certified; (f) A treasury receipt for Rs. 10 towards fees; (g) Three copies of recent unmounted photograph size 3 X 4 c*ms. of applicant's head (uncovered) and shoulders in front view. The photographs should be signed on the reverse. NOTE 1.-Aircraft Rating will oniy be issued subject to the limits as stated in para. 6 of Section F of Schedule II of Indian Aircraft Rules for types which are endorsed on his `B' licence and which have been flown by him as a Pilot-in-Command or as a. co-pilot during the preceding 12 months. Proof of having so flown an aircraft will have to be furnished. 2. All other requirements for issue of various ratings will be in accordance with para. 4 of Section F of Schedule II of Indian Air- craft Rules. 5. Issue of Instrument Rating in exchange for the Instrument Rating Certificate.-The applicant shall submit his Current Instru- ment Rating Certificate w-hich will be cancelled. Extension of Instrument rating will be in accordance with provi- sions contained in para. 4 of Section G of Schedule II of Indian Air- craft Rules. 6. Issue of Flight Instructor's Rating to those having Pilot Instructor's Licence.-The applicant shall submit the following documents and certificates: (a) His current Pilot Instructor's licence which will be can- celled; (b) A certificate of the experience as specified for this Rating in para. 1(e) of Section I of Schedu]e II of Indian Aircraft Rules along with certified log book; (c) A Current Instrument Rating Certificate; (d) Proof of having successfully undergone the Test of Skill as laid down in para. 1(e) of Section I of Schedule II of Indian Aircraft Rules conducted by an examiner approved by the Direc- tor General of Civil Aviation. N0TE.-Age shall be as laid down for this Rating in para. 1(a) of Section I of Schedule II of Indian Aircraft Rules. 7. Issue of Private Helicopter Pilot's Licence in exchange for the Private Pilot's `A' Licence with Helicopter endorsement.-The applicant shall submit the following documents and certificates: (a) His current Pilot's `A' Licence with Helicopter endorse- ment which will be cancelled; (b) Medical Fitness Certificate as required in accordance with Section L of Schedule II of Indian Aircraft Rules; (c) Result sheets showing that. the applicant has passed a plementary oral examination in the following subjects: PAGENO="1124" 1114 AIR LAWS AND TREATIES OF THE WORLD Supplementary Examination No. 1 (1) Air Navigation (ii) Aviation Meteorology (iii) Aircraft and Engines (for aircraft, rating) (iv) -Seamanship (if applicable) The syllabus and standard of the examination will be in accord- ance with Section L of Schedule II of Indian Aircraft. Rules. No'rE.-Applica.nts who have passed relevant examinations for t.he issue of Pilot's `A-i' or `B' lic.ences may be exempted from examina- tion for items (i), (ii) and (iii) and those who have passed First or Second Class Navigator's Licence examinations in the relevant subjects may be exempted from items (i) and (ii). Applicants having more than 50 hours of cross-country flying experience as a Pilot-in-Com- mand may be exempted from items (i) and (ii). (d) A certificate of experience as required in Section L Sched- ule II of Indian Aircraft Rules along with the applicant's log book duly certified; (e) A treasury receipt for Rs. 5 towards the fees; (f) Three c.opies of recent unmounted photograph size 3X4 cms. of applicant's head (uncovered) and shoulders in front view. The photographs should be signed on the reverse. No'rE 1.-Aircraft rating will be issued on'y in respect of those heli- copters endorsed on his pilot's `A' licence and which he has flown as a Pilot-in-Command within the preceding 12 months. 2. All other requirements as applicable for issue of night rating will be in acc.ordanc.e with para. 4(b) of Section L of Schedule II of Indian Aircraft. Rules. 8. Issue of Commercial Helicopter Pilot's Licence in exchange for the Indian Pilot's `B' Licence with Helicopter endorsement.- The applicant, shall submit the following documents and certificates: (a) His current Pilot's `B' Licence. with Helicopter endorse- ment which will be cancelled: (b) Result sheets showing that the applicant has passed a Sup- plementary oral and practical examination in the following sub- jects: Supplementary Examination No. 2 (i) Radio/Radar Aids (ii) Signals (Practical) (iii) Seamanship (if applicable). (c) A certificate of experience as laid down for this licence in pa.ra. 1(d) of Section M of Schedule II of Indian Aircraft Rules along with applicant's log book duly certified; (d) A treasury receipt for Rs. 10 towards the fees; (e) Three copies of recent unmounted photograph size 3X4 ems. of applicant's head (uncovere.d) and shoulders in front view. The photographs should be signed on the reverse. NOTE 1.-Aircraft rating will be issuedi only in respect of those heli- copters endorsed on his pilot's `B' licence and w-hich he has flown as a Pilot-in-Command within the preceding tw-elve months. PAGENO="1125" AIR LAWS AND TREATIES OF THE WORLD 1115 2. All other requirements as applicable for various ratings will be in accordance with para. 4 of Section M of Schedule II of Indian Aircraft Rules. 9. Issue of Flight Navigator's Licence to those having Indian First Class Navigator's Licence.-The applicant shall submit the following documents and certificates (a) His Current First Class Navigator~s Licence which will be cancelled (b) A certificate of the experience as specified for this licence in Section 0 Schedule II of Indian Aircraft Rules; (c) A certificate from an approved examiner for having suc- cessfully undergone the tests as laid down for this licence in Sec- tion 0 Schedule II of Indian Aircraft Rules; (d) A treasury receipt for Rs. 10 towards the fees; (e) Three copies of recent unmounted photograph size 3 X 4 cms. of applicant's head (uncovered) and shoulders in front view. The photographs should be signed on the reverse. No'rE.-Candidates having Indian First Class Navigator's Licence issued on the basis of U.K. or U.S.A. Flight Navigator's licence may not be required to submit. certificates under sub-paras. (b) and (c) above. 10. Issue of Flight Engineers' Licence to those having Indian Flight Engineers' Permit.-The applicant shall submit the following documents and certificates: (a) Current Flight Engineers Permit, which will be cancelled. (b) A treasury receipt for Rs. 10 towards fees. (c) Three copies of recent unmounted photograph size 3X4 cms. of applicant's head (uncovered) and shoulders in front view. The photographs should be signed on the reverse. 11. Issue of Flight Radio Telephone Operator's Licence in exchange for the Indian Flight Radio Telephone Operator's Licence.-The applicant shall submit. the following documents and certificates: (a) His Current Indian Flight Radio Telephone Operators' Licence which will be cancelled; (b) A treasury receipt for IRs. 5 towards fees; (c) Three copies of recent unmounted photograph size 3 X 4 cms. of applicant's head (uncovered) and shoulders in front. view. The photographs should be signed on the reverse. 12. Issue of Flight Radio Operator's Licence to those having Indian Flight Radio Operator's Licence.-The applicant shall sub- mit the following documents and certificates (a) His Current Flight. Radio Operator's Licence. which will be cancelled; (b) A treasury receipt for IRs. 10 towards the fees; (c) Three copies of recent unmounted photogra phi size 3 X 4 ems. of applicant's head (uncovered) and shoulders in front. view. The photographs should be signed on the reverse. PAGENO="1126" 1116 AIR LAWS AND TREATIES OF THE WORLD APPENDIX B FeeB for Oral/Practica~l Written examin.ation for conver8ion of exi8tifl.g airorew licenses to ne-up flight-creic licenses is8ucd in accordance with the revised licensing rules. Examination Fees Rs. Supplementary Examination No. 1 for issue of Private Pilot's licence 5/- Supplementary Examination No.2 for issue of Commercial Pilot's licence 10/- Supplementary Examination No. 3 for issue of Senior Commercial Pilot's licence 10/- Supplementary Examination No. 4 for issue of Airline Transport Pilot's licence 15/- INo. 10-A/67--61 Pt AR 1937(71).1 K. GOPALAKBISINAN, Dy. Secy. PAGENO="1127" INDONESIA AVIATION ACT (No. 83/1958)' CHAPTER I-DEFINITIONS For the purposes of this Act, the following terms shall mean- a) air navigation: the use of aircraft in the air space of the Republic of Indonesia; b) aircraft: every contrivance that derives support in the at- mosphere from the reactions of the air; c) aerodromes: parts of the Indonesian territory designated by the Minister for the take-off and landing of aircraft; d) to build: to construct, buildings and other structures or creating obstructions including mounds of soil, materials to grow plants, or boats or other floating objects; crew of the aircraft: the commander and others who are on duty and engaged in the navigation of the aircraft during the flight; foreign territory: territories outside the territory of the Repub- lic of Indonesia, including tile high seas; The Minister: The Minister of Air Communications. CHAPTER Il-AIR NAVIGATION Art. 2* Air navigation shall be prohibited unless the aircraft has Indonesian nationality; foreign aircraft. may only perform air naviga- tion with the consent of t.he Government or under the terms of an international agreement.. Art. 3. 1) Aircraft departing for, or arriving from foreign terri- tories may only do so from the international aerodrome as provided hereafter ill Article 14. 2) Except for force `imajeure 110 aircraft mentioned in paragraph 1, may land on aerodromes other than the above mentioned international a erodromes. Art. 4. Tile Minister may restrict or prohibit air navigation by cer- tain types of aircraft. Art. ô. 1) The Minister alone, or in concert. with the Minister of Defense, may prohibit the use of the airspace above a part of the terri- tory of the Republic of Indonesia without distinction between Judo- nesian and foreign aircraft. 2) The prohibition mentioned in paragraph 1 above and the revoca- tion of such a prohibition shall be published in tile Leimba ran Negara (statute book). Art. 6. 1) It shall be prohibited to hold air displays or aviation con- tests without. permission from the Minister, or to organize air displays or aviation contests not in accordance with the provisions stipulated in the Minister's permission. 1 (Published in Lembaran Negara (statute book) No. 159 of 1958). 1117 PAGENO="1128" 1118 AIR LAWS AND TREATIES OF THE WORLD 2) Moreover, air displays or aviation contests held above a military ae.rodrome require permission from the Minister of Defense. Art. 7. It shall be prohibited to perform air navigation in such a way that public, order or safety is jeopardized or endangered. Art. 8. 1) The transportation of passengers and or cargo for re- muneration between points within the Indonesian territory or between points in Indonesian territory and points in foreign territories may only be performed with a permit from the Minister. 2) The permit. mentioned in paragraph 1 above is granted only on compliance with certain requirements. CHAPTER III. REGISTRATION AND NATIONALITY OF AIRCRAPT Art. 9. 1) Any aircraft used to perform air navigation shall have a nationality mark and registration mark. The above-mentioned marks shall be determined by the Minister. 2) The nationality mark and the registration mark of military aircraft. shall be determined by the Minister of Defense. Art. 10. 1) For the purpose of registration of aircraft, a register shall be maintained by the Minister under the name Daf tar Pe$awat Udara (aircraft register) 2) The registration of military aircraft shall be maintained by the Minister of Defense. 3) It shall be prohibited to use marks on a civil aircraft which may give the impression that it is a military aircraft. Art. 11. 1) Aircraft registered in the Da.f tar Pesawa.t Udara (air- craft register) mentioned in Article. [10], shall have Indonesian na- t ionality. 2) The registration certificate of the Daf tar Pe$a.wat Uda.ra (air- craft register) issued in Indonesia or in foreign countries by the com- petent. authorities shall determine the nationality of the aircraft. Art. 12. 1) Aircraft owned by a foreigner may not be legally reg- istered in Indonesia. 2) Any registration not, in accordance w-ith the above-mentioned provision of paragraph 1 shall be void. CHAPTER IV~AIRWORTHINESS CERTIFICATE AND FLIGHT LICENSE Art. 13. 1) Aircraft without a certificate of airworthiness, and per- sons without a proper flight license are prohibited to perform air navi- gation. 2) The requirements for airworthiness certificates and flight licenses shall be determined by, or on behalf of the Minister. 3) The requirements mentioned in paragraph 2 above for military aircraft. shall be determined by the Minister of Defense. CHAPTER V-AERODROMES Art. 14. 1) The Minister shall determine the requirements for con- struction, reconstruction, management and use of aerodromes; and in the designation of aerodromes he shall designate certain aerodromes for international air traffic. 2) For military aerodromes, the above-mentioned j urisdict ion shall be exercised by the Minister of Defense. PAGENO="1129" AIR LAWS AND TREATIES OF THE WORLD 1119 Art. 15. 1) It shall be prohibited- a) to build or to own buildings on. or in the vicinity of an aerodrome; b) to graze cattle on an aerodrome; c) to dig or make holes or tunnels on an aerodrorne; d) to enter aerodromes without a proper permission; e) to endanger air navigation in any manner. 2) The Minister, in his discretion, may authorize exceptions to the prohibitions stipulated in paragraph 1, subparagraphs a), b), and c) above. Art. 16. 1) It shall be prohibited- a) to use any part of the territory of the Republic of Indonesia as an aerodrome without its being designated as an aerodrome; b) to use any part of the territory of the Republic of Indonesia which is designated as an aerodrome., not in accordance with the provisions stipulated in said designations. 2) The term "for the use of air navigation" shall mean- a) to equip a part of the territory of the Republic of Indonesia for take-off and landing of aircraft; b) the repetition of landing on, and taking off from a part. of the territory of the Republic of Indonesia; c) landing on or taking off from a part. of the territory of the Republic of Indonesia with the intention to repeat it. 3) The Minister, in his discretion, may authorize except.ions to the prohibitions stipulated in paragraph 1. CHAPTER VT-I NVESTIG~4TION, PROSECUTION A ND PENALTIES Art. 17. In addition to the officials charged with the investigation of crimes and the officials of the immigration and customs authorities, the Minister shall designate special investigating authorities for the purpose of assuring compliance with the provisions of this Act or regulations issued thereunder. Art. 18. 1) The investigating authorities mentioned in Article 17 above shall have the right- a) to enter aerodromes and buildings including factories, work- shops etc., which are located in the vicinity of any aerodrome, for the purpose of assuring compliance with the provisions of this Act; b) upon the written order of t.he Minister, to remove or cause to be removed, to destroy or cause to be destroyed, to prevent or cause to be prevented, to restore or cause to be restored to its original condition any structures, obstructions, or objects unau- thorized under the terms of this Act. or regulations issued there- under. All costs incidental to actions taken in removal, destruction, pre- veiition or restoration authorized by t.his article are to be charged to the violators; c) to prohibit or prevent the taking off of aircraft., to search an aircraft, its cargo and the passengers on board for the purpose of assuring compliance with the provisions of this Act. PAGENO="1130" 1120 AIR LAWS AND TREATIES OF THE WORLD 2) The investigating authorities mentioned in paragraph 1 above, shall make no disclosure about any matter they discover in executing the Minister's order, except to inform confidentially the authorities authorized by law. Art. 19. 1) Any person who violates Articles 2, 4, 5, 6, 7, 8, 9, 13, 15, and 16 above shall be subject to detention for a period not exceed- ing six months or a fine of not more than ten thousand Rupiak. 2) The punishment. mentioned in paragraph 1 above shall be ap- plicable to the owner or the ope.rator of an aircraft who violates, or causes to be violated the l)rovisiofls in the articles mentioned in para- graph 1 above. Art. 20. 1) Any person who violates any provisions of the imple- menting regulations issued hereunder shall be subject to detention for a period not. exceeding three months or a fine of not more than 5.000 Rupiah. 2) The punishment mentioned in paragraph 1 above, shall be ap- plicable to the owner or the operator who violates, or causes to be violated the provisions in paragraph 1. mentioned above. Art. 21. If a violation of the articles mentioned in Articles 19 and 20 is committed by a corporate entity or other legal person, the allega- tion and the punishment shall be against its officers. Art. 22. 1) Any crew member of an aircraft who is punished for the violation of Articles 4, 5 or 7. may be subject to suspension of his flight license. 2) In applying the provision mentioned in paragraph 1 above, the flight license of such crew member shall be void from the time when suspension takes place. 3) The provision in paragraph 2 shall apply to flight licenses issued by authorities in foreign countries and recognized as valid flight licenses under Indonesian law. Art. ~3. 1) Any person who violates Article 10, paragraph 3, of this Act., shall be subject to imprisonment for a period not exceeding three months or a fine of not more than 10.000 rupiah. 2) The. owner or the operator of any aircraft w-ho commits, or causes to be committed an acts mentioned in Article 10, paragraph 3, shall be subjec.t to the same punishment. Art. 24. 1) Any persoh who willfully violates the provisions of Article 18~ paragraph 2, shall be. subject to imprisonment for a period not. exceeding six months or a fine of not more than 10,000 rupia/i. In addition to the penalty mentioned in this article, the court may suspend the right, of the violator from serving in any government office or position. 2) Any person who negligently violates the provisions of Article 18, paragraph 2. shall be subject to detention not exceeding three months or a fine of not more than 5,000 rupia/i. Art. 2.5. 1) The offenses mentioned in Articles 19 and 20 shall be considered misdemeanors. 2) The offenses mentioned in Articles 23 and 24 shall be considered felonies. PAGENO="1131" AIR LAWS AND TREATIES OF THE WORLD 1121 (`1 IAI'TER VI I~AVIA'I'ION W)~RD Art. ~2G. 1) An Aviation Board shall be established to assist the government iii the field of aviation. ~) Every (lecision of a general character concerning aviation shall be made b the. government, after ol)ta flung the advice of the Aviation Board. 3) The members of the Aviation Board shall consist of the Prime Minister as chairman, and other Mimmisters aiid authorities from the various fields which are particularly concerned with aviation. 4) The organization and time functions of the Aviation Board shall be specified in implementing regulations issued by the Government (Peratiuai~ I~einei',ntaIm ) (~i IAPTER VIII-TJL\Ns1'rIONAL PRoVISIONS Art. 27. The provisions of other regulations shall remain in full force and effect to the extent that they are not inconsistent with the provisions of this Act. FINAL PIi()VISIONS Art. 28. This Act may be cited as the Aviation Act. PAGENO="1132" PAGENO="1133" IRAN CIVIL AVIATION AcTr 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 1123 PAGENO="1134" 1124 AII~ 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 prrn- 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 the 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 matters, 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 Mm- isters. PAGENO="1135" AIR LAWS AND TREATIES OF THE WORLD 1125 ARTICLE 7 An Iranian aircraft is free t~ 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 speclfic 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 registered in the Aircraft Register kept in the Department Gen- eral 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 t.hat 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 1~he date of such occurrence. PAGENO="1136" 1126 AIR LAWS A~D 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 tl~e 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~he conditions necessary for the issue of any kind of operating certifica~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="1137" AIR LAWS AXD TREATIES OF THE WORLD 1127 Aviation Board which will take into consideration the gravity of the contravention or its recurrence, revoke or temporarily suspend t.he 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 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, provided that it does not prevent the normal use of such property 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 to 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 mto force as soon as they are approved by the Council of Ministers. 39-737 O-65------vol. 1-T~ PAGENO="1138" 1128 AIR LAWS AXD 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 than 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 Riais and not more than ten thousand Rials, or to disciplinary PAGENO="1139" AIR LAWS AND TREATIES OF THE WORLD 1129 imprisonment of not less than 2 months and not more than six months, or to both: a) any pe'~~n 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 pei'~on 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 29 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 w-hich territorial 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 ofTence or crime. ARTICLE 31 Offences and crimes committed on board foreign aircraft in flight [shall be] within the competence of Iranian courts oniy 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 \Vheii an offence or crime is committed ~n board an aircraft flying over Iran or on board an Iranian aircraft flying abroad, the pilot- in-command of the aircraft shall, according to the provisions of the Feiml Procedude 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- spectiori in conformity with this Article, the pilot-in-command of an aircraft is to act as a cOllStal)le of the Ministry of Justice and is vested PAGENO="1140" 1130 AIR LA~AS 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="1141" IRAQ GENERAL CONDITIONS OF CARRIAGE FOR PASSENGER AND BAGGAGE' Adopted by Iraqui Airways and by the following Carriers: Aden Airways Limited. Air Malta Limited. Bahamas Airways Limited. British European Airways Corporation. British Overseas Airways Corporation. British West Indian Airways Limited. Central African Airways Corporation. Cypnis Airways Limited. East African Airways Corporation. Gibraltar Airways Limited. Hong Kong Airways Limited. Malta Airways Company Limited. Qantas Empire Airways Limited. Tasman Empire Airways Limited. West African Airways Corporation. Effective from 1st March, 19~51. GENERAL CONDITIONS OF CARRIAGE FOR PASSENGERS AND BAGGAGE ARTICLE 1. DEFINITIONS As used herein: Baggage which is equivalent to luggage, means such art ic.les, effects and other personal property of a passenger as are necessary or appro- priate for wear, use, comfort or convenience in conne.ction with his trip. Unless otherwise specified, it shall include both checked and unchecked baggage. Baggage Check which is equivalent to luggage ticket., means those portions of the ticket whic.h provide for the carriage of passenger's checked baggage and which are issued by Carrier as a. receipt for the passenger's baggage of which Carrier take.s sole custody. Baggage Tag is a document issued by Carrier solely for identification of checked baggage placed in its custody by the passenger, the baggage (strap) tag portion of which is attached by Carrier to a particular article of checked baggage and the baggage (claim) tag portion of which is given to the passenger. Carriage is equivalent to transportation. Carrier includes the air carrier or undertaking issuing the ticket and all air carriers that carry the passenger and/or his baggage there- under, or perform any other services related to such air carriage. For `English text supplied by Government of Iraq. 1131 PAGENO="1142" 1132 AIR LAWS AND TREATIES OF THE WORLD the purposes of the exemption from and limitation of liability provi- sion set forth or referred to in this tariff or in the ticket.. Carrier in- cludes the agents servant, or representatives of any such air carrier. Checked Baggage which is equivalent to registered luggage is bag- gage which has been delivered t.o Carrier and for which Ca.rrier has issued a ba.ggage check and baggage (claim) tag(s). Circle Trip means travel from one point, and return thereto by a continuous, circuitous air route; provided that where no reasonably direct scheduled air service is available between two points, a. break m the circle may be travelled by any ot.her means of transportation without prejudice t.o the circle trip. Conjunction Ticket means two or more t.ickets concurrently issued to a passenger arid which together constitute a single contract of carriage. Convention means the Convention for the Unification of Certain Rules relating to International Carriage by Air signed at Warsaw, October 12, 1929. Days means full calendar da.ys, including Sundays and legal holi- days, provided that for purposes of notification the balance of the day upon which notice is dispatched shall not be. counted and wheii the last day falls on Sunday or a legal holiday such Sunday or legal holiday shall not be counted. Exchange Order means a document issued by a carrier requestin another carrier to issue tickets or provide services to the person name in such document. Flight Coupon means a portion of the passenger ticket that indicates particular places between which the coupon is good for carriage. Gold Francs means French francs consisting of 65½ milligrams of gold a.t. the standard of fineness of nine hundred thousandths. International Carriage as defined by the Warsaw Convention means any carriage in which according fo the contract of carriage 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 t.wo High Contracting parties to the Convention or wit.hin 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 the Convent.ion. Open-Jaw Trip means travel which is essentially of a round t.rip nature but the outward point of departure and inward point of arrival and/or outward point of arrival and inward point of departure of which are not the same. Passenger means any persoii carried or to be carried in an aircraft with the consent of Carrier except. members of the crew. Passenger Con po'n means that portion of the passenger ticket con- stituting the passenger's written evidence of the contrac.t of carriage. Passenger Ticket means those portions of the ticket issued by Car- rier which provide for the carriage of the passenger. Round Trip which is equivalent to return journey, means (a) travel from one point, to another and return by the same a.ir route used out- bound whether or not the fares outbound and inbound be the same, or (b) travel from one point to another and return by an air route dif- ferent. from that used outbound, for which the same normal, through, one-way fare is established. PAGENO="1143" AIR LAWS AND TREATIES OF THE WORLD 1133 Stopovei which is equivalent to a. break of journey, means a de- liberate interruption of a journey by the ~)asSeflger, agreed to in ad- vance by Carrier, at. a point between the place of departure and the place of final destination. Ta.,'iff is equivalent, to the terni "(tondit ions of Carriage". Ticket means the "Passenger Ticket and Baggage Check", including all flight, passenger and other coupons therein, issued by Carrier, which provide for the carriage of the passenger and his baggage. Unchecked Baggage which is equivalent to hand luggage, is baggage other than checked baggage. ARTICLE 2. AP1'LIUABILITY OF TARIFF' Pa.ra.. 1. General. rplIis tariff shall apply to all carriage, of passengers and baggage, in- cluding all services incidental thereto, performed by Carrier; provided, however, that if, according to the contract of carriage made by the parties, the place of departure an(l the place of destination, whether or not there l)e a break in the carriage or a transhipment, are situated either w-ithin the territories of two high Contracting Parties to the Convention, or within the territory of a single High Contracting Party to such Convention if thei'e is an agi'eecl stopping place within a territory subject to the sovereiglity. suzerainty, man(late. or authority of another Power, even though such Power is not a. party to such Convention, such carriage shall be subject to the provisions of such Convention and to this tariff to the extent tha.t this tariff is not incon- sistent' with the l)1o\'isions of the Convention. Pa.ra.. 2. Gratuitous Carriage. With respect to gratuitous carriage, Carrier reserves the right. to except the application of all or any pal't of this tariff. ARTICLE t~. TiCKETS P(t1~(i. 1. (ien~ra.7. Carrier reserves the right to refuse carriage to any person not in possession of a valid ticket. The passenger throughout. his journey must. retaiii the p~l.sse.nger coupon and all flight coupoiis of the ticket not previously surrendered to Carrier. He must, when required, pro- duce the tic.ket or surrender any applicable portion to Carrier. Para. 2. Non - T ia n.s~f crab ility. A ticket issued to a person is not transferable. If a ticket is in fact used by any person other than the persoll to whom it was issued with or without the knowledge and consent of the person to whom it was issued, Carrier will not,. I)e liable for the death or injury of such tin- authorized person or for the destruction, damage, or delay of such person's baggage. oi' other peisomil property arising from or in con- nection with such unauthorized use. Para. 3. Irregularities and Coupon Sequence. Carrier will not. accept a ticket. if any part of it is mutihiated or has been altered by other than Carrier, or if it. is presented without. the passenger coupon and all unused flight, coupons. Flight coupons must be used in sequence from the place of departure as shown on the passenger coupon. PAGENO="1144" 1134 AIR LAWS AND TREATIES OF THE WORLD Para. 4. Validity. `When validated the ticket is good for carriage from the airport at the place of departure to the. airport. at. the place of destination via the route shown therein and for the period of time specified in Carrier's Regulations; provided that, with respect to a trip involving travel over sections of a route for which different periods of validity apply, the longest period of validity for any such section shall apply to all the sections. Each flight coupon will be accepted for carriage on the date and flight, for which accommodation has been reserved; when flight coupons are issued on an "open date" basis, accommodation will be reserved upon application, subject to the availability of space. The place and date of issue are set forth on the flight coupons. If Carrier is unable to provide accommodation or a flight is postponed during the period of validity, or the passenger establishes the fact of his physical inability to travel during the period of validity, such period of valid- ity, will be extended by Carrier until accommodation is available or the passenger is able to travel. Para. 5. Absence or Loss of Ticket. When a passenger loses or does not present his ticket or the appli- cable portion thereof, carriage will not. be furnished for that part of the trip covered by such ticket. or portion thereof until the passenger purchases another ticket at the current. applicable fare for the carriage to be performed. ARTICLE 4. STOPOVERS Stopovers within the period of validity of the ticket will be permit- ted only at scheduled stopping places, when arranged with Carrier in advance and spec.ified on the ticket. ARTICLE 5. FARES Para. 1. General. Applicable fares for carriage governed by this tariff are those duly published by Carrier and in effect. on the date of commencement of passage covered by the first flight c.oupon of the ticket on the lines of Ca.rrier; provided that the applicable fare for tickets, exchange orders or deposit receipts issued prior to the date of announcement of an in- crease in fare for travel commencing not later than 30 days after the effective date of such increase will be the fair in effect on the date of sale. When the fare collected is not. the applicable fare as thus defined the difference will be refunded to or collected from the passenger, as may be appropriate. Such fares apply only to routings published in connection therewith and, unless otherwise specified, take precedence over combined fares published between the same points via the same routing. Unless otherwise specified, fares and charges apply in either direction. Para. 2. Specification of Routing. If there is more than one routing at the same fare, the passenger, prior to issuance of the ticket, may specify the routing, and, in respect to any open-date portion of such t.icket, may specify optional routings. If no routing is specified, Carrier may determine the routing. PAGENO="1145" AIR LAWS AND TREATIES OF THE WORLD 1135 Para. 3. Currency of Payment. Fares are published in the currency shown in the applicable fares tariff, and are payable in any currency acceptable to Carrier. When payment is made in a currency other than in the currency in which the fare is published, such payment will be made at the rate of exchange esfablished for such purpose by the Carrier. The I)~OV1S10fl5 of this paragraph.are subject to applicable exchange laws and government regulations. ARTICLE 6. IN VOLI~TNTARY REVI SEI) ROITING Para. 1. General. If Carrier cancels a flight, fails to operate according to schedule or is unable to provide previously confirmed space, or the passenger is refused passage or removed in accordance with Article 8, Paragraph I (a) Carrier will at Carrier's option either: (a) Carry the passenger on the next of its aircraft. on which space is available; or (b) Endorse to another carrier the unused portion of the ticket. for purposes of rerouting; or (c) Reroute the passenger to the destination named on the t.icket or applicable portion thereof by it.s own services or by other means of transportation. If the fare for the revised routing is different from the refund value of the ticket or applicable portion Ca.rrier will require no additional payment from t.he passenger if the fare for the revised routing is greater, but will refund the difference, if the fare for the revised routing is lower; or (d) Make refund in accordance with the provisions of Article II, Paragraph 4. Para. ~. Mi$sed Connections. A carrier that by failure to operate a flight according to schedule causes any passenger thereon to miss an onward connecting flight of another c.arrier on which space has been reserved for him, will: (a) Arrange for the carriage of the passenger in accordance with Paragraph I (a), (b) or (c) above; or (b) Make refund in accordance with the provisions of Article II, Paragraph 4. ART~IOLE 7. RESERvATIONS Pa.ra. 1. General. A ticket will be valid only for the flight(s) for which reservation(s) shall have been made, and only between the points named on the ticket or applicable flight coupons. A passenger holding an unused open- date ticket or portion thereof or exchange order for onward travel, or who wishes to change his ticketed reservation to another date, shall not be entitled to any preferential right with re.spect to the obtaining of reservations. Para. ~. Co'nditions of Reser'vat~on. Reservations shall be tentative unless and until Carrier has issued ~ validated ticket, or exchange order, or the passenger has made a de- posit in accordance wit.h Paragraph 3 of this Article for the. carriage for which space is reserved. Except as provided in Paragraph 3 of this PAGENO="1146" 1136 AIR LAWS AND TREATIES OF THE WORLD Article, Carrier reserves the right to cancel a reservation at any time without notice on the failure of the. passenger to purchase a ticket for the space reserved. Para. 3. Deposit. When a. reservation is nia,de more than seven days in advance of the scheduled departure of flight without payment. of the applicable fare, Carrier may require a deposit of not less than 25% of such fare. Any balance of fare will be payable not less than seven days before the scheduled departure of flight. Failure to pay the balance of fare by such date may result. in cancellation of the reservation with refund ti' the passenger of the deposit, less any communication expenses, in ac- cordance with Paragraphs 4 and 8 of this Article. Para.. 4. Comm wnica tio'n.s Charges. The passenger will be charged for any communication expenses paid or incurred by Carrier for telephone, telegraph, radio or cable arisin~ from a special request of the passenger concerning a reservation. Pa.ra. 5. Allocation of Accommodation. Carrier does not guarantee allocation of any particular space in the aircraft. Para. 6. Arrival of Passengers at Airports. The passeng~er must. arrive at the airport by the time fixed by Carrier or, if no time is fixed, sufficiently in advance of flight departure to per- mit completion of government formalities and departure procedures. If the passenger fails to arrive at such airport or other point of depar- ture by the established time limit or appears improperly documented and not ready to travel, Carrier may cancel the space reserved for him. Departures, will not be delayed for passengers who arrive at airports or other points of departure too late in Carrier's opinion for such for- malities to be completed before scheduled departure time. Carrier is not liable to the passenger for loss or expense due to passenger's failure to comply with this provision. Para.. 7. Service Charge. (a) Except as otherwise provided herein, a service charge shall be made in accordance with Carrier's Regulations against, any passenger who having failed to give notice of cancellation as prescribed in said Regulations fails to appear for departure, or who fails to arrive at the airport by time fixed by Carrier, and as a consequence thereof does not use the space reserved, or who appe.ars improperly documented and not ready to travel on the flight for which space has been reserved for him. (b) No service charge or cancellation fee will be levied if the passenger was unable to occupy reserved space for any of the follow- ing reasons: (1) Flight cancellation by Carrier. (2) Lack of ability to provide previously confirmed space. (3) Missed connection caused by Carrier. (4) Flight, delay of Carrier. (5) Omission of a scheduled stop by Carrier. (6) Cancellation of confirmed space by Carrier, or (7) Medical reasons to the satisfaction of Carrier. PAGENO="1147" AIR LAWS AND TREATIES OF THE WORLD 1137 Para. 8. Co mrn'un ica.tions Costs upon Cancelki ton. Whenever a passenger cancels reservations made for him and such cancellation is not subject to service charge, Carrier will require pay- ment from the passenger of a sum fixed by Carrier, to cover the com- munications costs of making such reservations and subsequent cancel- lation thereof. ARTICLE 8. LIMITATION OF CARRIAGE Para. 1. Refusal, Cancellation or Remora.l. Carrier may refuse to carry, cancel the reserved space of, or remove enToute any passenger when, in the exercise of its reasonable discre- tion, Carrier decides: (a) Such action is necessary for reasons of safety; (b) Such action is necessary to prevent violation of any ap- plicable laws, regulations or orders of any state or count.ry to be flown from, into, or over; (c) The conduct, status, age, or mental or physical condition of the passenger is such as to (1) Render him incapable of caring for himself without special assistance from Carrier; (2) Cause discomfort or make himself objectionable to other passengers; (3) Involve any hazard or risk to himself or to other per- sons, or to property; or (d) The passenger fails to observe the instructions of Carrier. If question arises of an aircraft being overloaded, Carrier shall de- cide in its reasonable discretion which passengers or articles shall be carried. Para. 2. Recourse of Passengers. The sole recourse of any person so refused carriage or removed en route for any reason specified in the foregoing paragraph shall be recovery of the refund value of the unused portion of his ticket as hereinafter in Article II, Paragraph 4 provided, except that refund to a person described in Paragraph 1(c) (2) and 1(d) above, will be subject to the service charge described in Article 7, Paragraph 7. Para. 3. Conditional Acceptance for Canriilge. If a passenger, whose status, age or mental or physical condition is such as to involve any hazard or risk to himself is carried, it is on the express condition that Carrier shall not be liable for any injury, illness or disability, or any aggravation or consequence thereof, including death, caused by such status, age, or mental or physical condition. Para. 4. Accompaniment of Children. Children under eight years of age must be accompanied during the carriage by a passenger of at least twelve years of age. Children who have attained their eighth but not their twelfth birthday, when travel- ling alone, must, if required by Carrier, be accompanied to the airport at the time of departure by an adult, and satisfactory assurance must be given to Carrier by such adult that the child will be met at the airport of destination by another adult. Carrier may require satisfactory evi- dence establishing the child's age. PAGENO="1148" 1138 AIR LAWS AND TREATIES OF THE WORLD ARTICLE 9. BAGGAGE Para. 1. Checked Baggage. (a) Nothing contained in this tariff shall entitle a passenger to have his baggage checked on a route in respect of which Carrier does not maintain facilities for the checking of baggage and in respect of which there is no requirement of applicable law for such checking. (b) Upon delivery of checked baggage to Carrier, Carrier will insert in the ticket the number of pieces and weight of such baggage (which act shall constitute the issuance of baggage check) ; in addi- tion, Carrier shall issue, for identification purposes only, a baggage (claim) tag for each piece of baggage so delivered and covered by the baggage check. All checked baggage must be properly packed in suit- cases or similar containers in order to ensure safe carriage with ordi- nary care in handling. Fragile or perishable articles, money, jewelry, silverware, negotiable papers, securities or other valuables, samples or business documenst will not be accepted as checked baggage. Para. 2. Jloveiment of Baggage. When deemed practicable by Carrier, checked baggage will be car- ried in the same aircraft as the passenger. When such carriage is deemed impracticable, Carrier will move the baggage on the next preceding or subsequent flight on which space is available. Para.. 3. Inspection by Carrier. Carrier has the right, but not the obligation, to verify in the pres- ence of tile passenger the content.s of his baggage, and in the case of unaccompanied baggage to open and examine such baggage whether or not the passenger is present. The existence or exercise of such right shall not be construed as an agreement, expressed or implied, by Car- rier to carry such contents as would otherwise be precluded from car- ria.ge. Para. 4. Dangei~ous. Dansageable or Unsuitable Baggage. Articles of baggage which are likely to endanger the aircra.ft., per- sons or property, or which are likely to be damaged by air carriage, or which are unsuitably packed, or the carriage of which is forbidden by any applicable laws, regulations or orders of any state or country to be flown from into or over, will not be carried. If, in the opinion of Carrier, the weight, size or character of baggage renders it unsuitable for carriage on the aircraft, Carrier, prior to or at any stage of the journey, may refuse to carry the baggage. The following articles will be carried as baggage only with the prior consent of and arrangement with Carrier: (a) Firearms; (b) Explosives, munitions, corrosives and articles which are easily ignited: (c) Liquids: and (ci) Live animals, including birds and reptiles. Para.. 5. Free Baggage A7lowanee. (a) Passengers may carry free of charge baggage to the weight specified in Carrier's Regulations subject to the conditions and limita- tions therein contained. PAGENO="1149" AIR LAWS AND TREATIES OF THE WORLD 1139 (b) The free baggage allowance on every section of a through flight shall be the highest allowance applicable to any section of the flight. Para. 6. Excess Tl7eight Charges. Baggage weighing in excess of the free baggage allowance will be charged for at the rate pei~ kilogram published by Carrier. Para.. 7. Collection of Excess Weight Charges. Excess weight charges will be payable at. the point of origin for the entire journey to final destination, except. in case of stopover en route, in which case excess weight charges will be payable only to the point of stopover. When carriage is resumed, charges will be payable from the point, of stopover to destination or to the next point of stopover. When on an interline journey for which a through excess baggage ticket has been issued there is an increase ill the. amount. of e.xcess baggage car- ried, Carrier will issue a separate excess baggage ticket. for such in- c.rea.se and collect charges to the next stopover point, or to destination, as the case may be. Pa.ra. 8. Excess Valve Charges. A passenger may declare a value for baggage in excess of $100 (U.S. currency), or its equivalent. When such declaration is made, charges for value in excess of $100 (U.S. Currency) will be in accordance with the excess value charges published by Carrier. Nothing contaimied herein shall entitle a passenger to declare such an excess value for baggage in connection with carriage over routes in relation to which such declarations are not accepted by Carrier pro- vided always that there is no requirement of applicable law entitling the passenger to make such a declaration. Para. 9. Collection of Excess TTalu~ Charges. Excess Value Charges will be payable at the point, of origin for the entire journey to final destination; provide.d that if at stopover en route a passenger declares a higher excess value than that originally declared, additional excess value charges for the increased value from such stopover point to final destination will be payable. Paia. 10. Excess TVeight and TTalue C/marge~ on .Rerovtings or (~a.iwe77a tioits. When a passenger is rerouted or his carriage cancelled, the provi- sions which govern the payment of additional fares or the refunding of fares shall likewise govern the payment or the refunding of excess weight and value charges. Pa.ra. 11. Delicery of Checked Baggage by Carriei'. The following provisions shall govern the delivery of checked bag- gage by Carrier: (a) Checked baggage will be delivered to the bearer of the baggage check upon return to Carrier of the baggage (claim) ta.g(s) issued in connection with such baggage.. Carrier is under no obligation to ascertain that the bearer of the baggage check and baggage (claim) tag, is entitled to delivery of the baggage and Carrier is not. liable for any loss, damage or expense. arising out of, or in connection with such delivery of the baggage. Except as otherwise provided in sub-paragraph (c), hereof, delivery will be made at the destination shown in t.he baggage check; PAGENO="1150" 1140 AIR LAWS AND TREATIES OF THE WORLD (b) If the provisions of sub-paragraph (a) above, are not. complied with by a person claiming the baggage. Carrier will deliver the baggage only on condition that such person establishes to Carner's satisfaction his rights thereto, and if required by Carrier, such person shall furnish adequate security to indemnify Carrier for any loss, damage or expense which may be incurred by Carrier a~ a result. of such delivery; - (c) At t.he request of the bearer of the baggage check and baggage (claim) tag(s), checked baggage will be delivered at the place of departure or an intermediate stopping place against pre- sentation of the baggage check and delivery of the baggage (claim) tag(s), unless precluded by government regulations, or unless time and circumstances do not. permit. In delivering bag- gage at t.he place of departure or at an intermediate stopping place, Carrier shall be under no obligation to refund any charges paid; and (d) Acceptance of baggage by the bearer of the baggage check and baggage (claim) tag(s) without written complaint at the time of delivery is presumptive evidence that~ the baggage has been delivered in good condition and in accordance with the contract of carriage. ARTICLE 10. SCHEDULES, DELAYS AND CANCELLATIONS OF FLIGHTS Para. 1. Scheduie~s. The times shown in timetables or elsewhere are approximate and not guaranteed, and form no part of the contract of carriage. Carrier does not undertake to commence or complete carriage of passengers or baggage within any particular time. Schedules are subject to change without notice and Carrier assumes no responsibility for mak- ing connections. Carrier will not be responsible for errors or omissions eit.her in timetables or other representations of schedules. No em- ployee, agent. or representative of Carrier is authorized to bind Car- rier by any statements or representations as t.o the dates or times of departure or arrival, or the operation of any flight.. Para. ~. Can.ceilatio~s. Carrier may without. notice substitute alternate carriers or aircraft. and, if it deems advisable. Carrier may, without. notice, cancel, termi- nate, divert postpone or delay any flight or the further right. of carriage or traffic accommodation and determine if any departure or landing should be made without any liabilit.y except to refund in accordance with Carrier's Regulations the fare and baggage charge for a.ny unused portion of the ticket.. Carrier may cancel the right. or further right of carriage of the passenger and his baggage upon the refusal of the passenger, after demand by Carrier, to pay the fare or the portion thereof so demanded, or to pay any charge so demanded and assessable with respect~ to the l)aggage of the passenger, without being subject to any liability therefor except to refund, in accordance herewith, the unused portion of the fare and baggage charge(s) previ- ously paid, if any. PAGENO="1151" AIR LAWS AND TREATIES OF THE WORLD 1141 ARTICLE II. REFIJXDS Paro. 1. General. Except as otherwise provided in Paragraph 6 of this Article, refund by Carrier for an unused ticket or portion thereof or exchange order will be made to t.he person named as the passenger in such ticket or exchange order, unless at the time of purchase t.he purchaser designates on the ticket~ or exchange order another person to whom refund shall be made, in which event refund will be made to persons so designated, and only upon delivery of the passenger coupon and all unused flight coupons of the ticket~ or the exchange order. A refund made in ac- cordance with this procedure to a person representing himself as the person named or designated in the ticket or exchange order will be deemed a valid refund and Carrier will not be liable to the true passen- ger for another refund. Para. 2. Currency. All refunds w-ill be subject to government laws, rules, regulations or orders of the country in which the ticket was originally purchased and of the country in which the refund is being made. Subject to the fore- going provision, refunds w-ill be made in the curr~ncv in which the fare w-as paid. or, at the option of Carrier, in law-ful currency of the country of the carrier making the refund or of the country where the refund is made or in the currency of the country in which the ticket was purchased, in an amount equivalent to the amount due in the cur- rency in which the fare or fares for the flight covered by the ticket as originally issued was collected. Para. 3. Special Hand7ing by Carrier. Carrier reserves the right to make all or any individual refunds through the general accounting offices or regional sales or accounting offices, and to require prior written applicat ions for refunds to be pre- pared by passengers on special forms furnished by Carrier. Pora. 4. Involunta 17J Refu n d.~. For the purposes of this paragraph, the term "involuntary refund" shall mean any ref unci to a passenger who is prevented from using the carriage provided for in his ticket because of caiicellation of flight, inability of Carrier to provide previously conhrmed space, missed con- nections, postponement or delay of flight, omission of a scheduled stop, or removal or refusal to carry under conditions prescribed in Article 8, paragraph I. Involuntar refunds will be made as follows: (a) WThen no portion of the trip has been made, the amount of refund will he equal to the fare paid (b) \Vhen a portion of the trip has been made, the amount of refund w-ill be computed as follows (1) For one-way tickets, the amount of the published fare from the point of cancellation to the airport of destination shown on the ticket or the diflerence between the fare paid and the fare for the completed passage, whichever is higher; (2) For round, circle, or open-jaw trip tickets, the same as (1) above, less any applicable (liscolint: (3) When only one of the two parts of an excursion ticket has been used, refund will be made in an amount equal to one- half the excursion fare paid by the passenger; and PAGENO="1152" 1142 AIR LAWS AND TREATIES OF THE WORLD (c.) The ser\~ice charge provided for in Article 7, Paragraph'7, will not, be assessed and any communication expenses paid by the passenger in accordance. with Article 7, Paragraph 4, will be re- funded, or, if such expense at the time. has not been collected by the Carrier, its collection will be waived, except. as otherwise pro- vided in Article 8, Paragraph 2, hereof; provided that the pas- senger will be required to pay for any communications pertaining to his own arrangements necessitated by such involuntary cancel- lation. Para.. 5. TToluntary Ref u?~ds. For the purpose of this paragraph, the term "voluntary refund" shall mean any refund of a ticket or portion thereof other than an in- voluntary refund, as described in Paragraph 4 of this Axticle. Volun- tarv refunds shall be computed as follows: (a) If no portion of the ticket. has been used, refund will be the full amount of the fare paid, less any applicable service charge and communicat ions expenses; or (b) If a portion of a ticket has been used, refund will be made in an amount. equal to the difference, if any, between the fare paid and the published fare between the points betw-een which the ticket. has been used, less any applicable service charge and com- munications expenses. Para. 6. Lost Ticket. The following provisions will govern refund of a lost ticket or unused portion thereof: (a) The refunds described in sub-paragraph (b), (c), (d) and (e), below, shall be subject to any service charge applicable in accordance with Article 7, Paragraph 7 and to any expenses incurred by Carrier as a result of such loss; (b) If no portion of the ticket has been used, and the passenger has not. purchased a replacement ticket., refund will be the full amount of the fare paid; (c) If no portion of the ticket has been used, and the passenger has purchased a replacement ticket, the carrier which issued the original ticket. will refund to the passenger the fare paid for such replacement ticket: (d) If a portion of the ticket has been used and the passenger has not. purchased a replacement ticket, refund will be made in an amount equal to the difference, if any, between the fare paid and the published fare between the point, between which the ticket has actually been used; (e) If a. portion of the ticket has been used, and the passenger has purchased a replacement. ticket, the carrier which issued the original ticket. will refund the difference, if any, between the value of the used portion of the ticket and the fare paid for such replace- ment ticket: (f) If a. lost ticket or portion thereof is not found, refund will be made in not less than sixty days after receipt of proof of loss satisfactory to the Carrier: provided that the lost ticket or portion thereof has not been used or previously refunded and provided further, that the passenger agrees, in such forms as may be pre- scribed by Carrier, to indemnify Carrier for any loss or damage which it may sustain by reason thereof; and PAGENO="1153" AIR LAWS AND TREATIES OF THE WORLD 1143 (g) The foregoing provisions shall also apply to lost exchange. orders, deposit. recipts and excess baggage tickets. Para. 7. T~ime Limit for Application. Application for refunds must be. made not later than thirty days after the expiration date of the ticket or exchange order. Pa.ra. 8. Tic/~ets Used as Evide'nce of Departure. Carrier reserves the right to refuse to refund a ticket., or the onward or return portion t.hereof, if the passenger has presented it. to govern- ment officials or to Carrier upon entry into a country as evidence of his intention to depart therefrom, unless such passenger establishes to the satisfaction of Carrier that he has permission to remain within the country beyond the period of valdity of the ticket or that he will depart therefrom by another carrier or conveyance. ARTICLE 12. GROUND TRANSFER SERVICE Except as otherwise indicated in Carrier's Regulations, Carrier does not maintain, operate, or provide ground transfer service between air- ports or between airports and town centres. Exc.ept. where ground transfer service is directly operated by Carrier, it. is agreed that any such service, is performed by independent, operators who are not, and shall not be deemed to be, agents or servants of Carrier. Anything done by an employee., agent or representative of Carrier in assisting the passenger to make arrangements for such ground transfer service, shall in no way make Carrier liable for the acts or omissions of such an independent operator. ARTICLE 13. HOTEL ACCOMMODATTON AND MEALS Para. 1. Hotel Accommodation. The cost of hotel accommodation is not included in passenger fares unless otherwise specified in Carrier's Regulations. Para. 2. Meals. Meals aloft., if served, and meals at stations en route, including those at scheduled overnight, stopping points on a through flight., will be free of charge, unless otherwise specified in Carrier's Regulations. Para.. 3. Arra.ngem~nts Made by Carrier. In making arrangernent.s for hotel or other housing and board ac- coinmodat.ion for passengers or for excursion trips on the ground or other similar arrangements w-hethe.r or riot the. cost of such arrange- ments, is for the ac.count of Carrier. Carrier acts only a.s agent for the passenger and Carrier is not. liable, for loss, damage, or expense of any nature whatsoever incurred by the passenger as a result of or in con- nection with the use by t.he passenger of such accommodation or the denial of the use thereof to the passenger by any other person, com- pany or agency. ARTICLE 14. TAXES Any ta.x or other charge imposed by government authority and col- lectable from a. passenger will he in addition to the published fares and charges. 39-737 O-~35-vo1. i-:~ PAGENO="1154" 1144 AIR LAWS AND TREATIES OF TIlE WORLD ARTICLE 15. ADMINISTRATIVE FORMALITIES Para. 1. Corn.plaiu'e wit/i Regulations. The passenger shall comply with all la~s, regulations, orders, de- mands, or travel requirements of countries to be flown from, into or over, and with all rules, regulations. and instructions of Carrier. Carrier does not accept liability for the correctness or completeness of information given to the passenger by Carrier in respect thereto. Para. 2. Passports and Visas. (a) The passenger must. present all exit, entry and other documents required by laws. regulations. orders, demands or requirements of the countries concerned. Carrier is not. liable to the passenger for loss or expense due to the passengers failure to comply with this provision. Carrier reserves the right to refuse carriage to any passenger who has not complied w-ith applicable law-s. regulations, orders, demands or requirements or whose documents are not complete. (b) Subject to applicable law-s and regulations, the passenger agrees to pay the applicable fare whenever Carrier, on government order, is required to return a passenger to his point of origin or elsewhere due to the passenger's inadmissibility into a country, whether of transit or of destination. Carrier may apply to t.he payment of such fares any funds paid by the passenger to Carrier for unused carriage, or any funds of the passenger in the possession of Carrier. The fare collected for carriage, to the. point of refusal or deportation will not be re- funded by Carrier unless the applicable law- requires that such fare be refunded. Para. 3. Customs Inspection. If required, the passenger must attend inspection of his baggage, checked or unchecked, by customs or other government officials. Car- rier accepts no responsibility towards the passenger if the latter fails to observe this condition. If damage is caused to Ca.rrier because of the passenger's failure to observe this condition, the passenger shall indemnify Carrier therefor. ARTICLE 16. LIABILITY OF CARRIER Para. 1. Successive Carriers. Carriage to be performed by several successive carriers shall be deemed t.o be one undivided carriage, if it has been regarded by the parties as a single operation. whether it has been agreed upon under t.he form of a single contract (ticket.) or of a series of contracts (tick- ets). Carriage to be performed tinder the ticket or under the ticket and any conjunction t.icket issued in connection therewith by several successive carriers is regarded as a single operation. Para. 2. Laws and Provisions Applicable. (a) Carriage in which the place of departure and the place of destination, whether or not there be a break in the carriage or a trari- shipment, are situated either within the terrorities of two High Con- tracting Parties to the Convention, 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 PAGENO="1155" AIR LAWS AND TREATIES OF THE WORLD 1145 of another Power, even though that Power is not a party to the Con- vention, is subject to the rules relating to liability established by the Convention. (b) To the extent not in conflict with the provisions of sub-para- graph (a) above, all carriage and ot.her services performed by each carrier are subject to: (1) Applicable laws (including national laws implementing the Convention), government regulations, orders and require- ments; (2) Applicable tariffs, rules, regulations and timetables (but not. the times of departure and arrival therein specified) of Carrier. (c) Carrier's name may be abbreviated in the ticket. For the pur- pose of the Convention, Carrier's address shall be the airport of de- parture shown opposite the first abbreviation of Carrier's name in the ticket, and agreed stopping places (which may be altered by Carrier in case of necessity) are those places except the place of departure and the place of destination set forth in the ticket. and any conjuction ticket issued therewith or shown in Carrier's timetables as scheduled stopping places on the passenger's route. Para. 3. Limitation of Liability. Except as the Convention or other applicable law may otherwise require: (a) Carrier is not liable for any death, injury, loss or claim of whatsoever nature (hereinafter in this tariff collectively referred to as "damage") arising out of or in connection with carriage or other services performed by Carrier incidental thereto, unless such damage is proved t.o have been caused by the negligence or wilful fault of Carrier and there has be.en no contribut.ory negli- gence of the passenger; (b) Carrier is not liable for any damage directly or indirectly arising out of compliance with laws, government regulations, or- ders or requirements or from any cause beyond Carrier's control; (c) In any event liability of Carrier for death, injury or delay of a passenger shall not. exceed 125,000 Frenc.h gold francs, or its equivalent; (d) Where the passenger has been offered a choice of rates ac- cording to value, any liability of Carrier in respect of baggage and other personal property is limited to its declared value (or it.s actual value if less) which shall not exceed $100 (F.S. currency) or its equivalent per passenger, unless a higher valuation is de- clared in advance and additional charges are paid pursuant. to Carrier's Regulations; (e) In the event of delivery to the passenger of part but. not all of his checked baggage the liability of Carrier w-ith respect t.o the undelivered portion shall be reduced (notwithstanding the value of any part. of the baggage or contents thereof) proportionately on the basis of weight; (f) Carrier is not liable for damage to a passenger's baggage caused by property containe.d in the passengers baggage. Any passenger whose property caused damaged to anot.he.r passenger's baggage or to the property of Carrier shall indemnit.y Carrier for all losses and expenses incurred by carrier as a result thereof; PAGENO="1156" 1146 AIR LAWS AND TREATIES OF THE WORLD (g) Fnder no circumstances will Carrier be liable for damage to unchecked baggage not. attributable to the negligence of Car- rier. Assistance rendered to the passenger by Carrier's employees in loading~ unloading or transhipping unchecked baggage shall be considered as a gratuitous service to the passenger; (h) Carrier is not liable for damage to, or delay in the delivery of fragile or perishable articles, money, jewelry, silverware, nego- tiable papers, securities or other valuables, samples, or business documents, which are included in the passenger's baggage whether with or without. the knowledge of Carrier; (i) Carrier may refuse t.o accept. any articles which do not con- st.itute baggage as such term is defined, herein, but. if delivered to and received by Carrier, such articles shall be deemed to be within the baggage valuation and limit, of liability, and shall be subject. to t.he published rates charges of Carrier; (j) A carrier in issuing a ticket or checking baggage for car- riage exclusively over the lines of others does so only as sales agent; (k) Carrier shall not be liable in any event for any consequen- tial or special damages arising from carriage subject to this tariff whether or not Carrier had knowledge that such damages might be incurred; (1) If Carrier's principal place of business is in territory of the British Empire or British Commonwealth of Nations, or in Ire- land, or if the law applicable to the cont.ract of carriage is the law of any such territory or any part thereof, it is a condition of the contract of carriage tha.t passengers and baggage are accepted for carriage only upon condition that. Carrier shall be under no liability in respect. or arising out of t.he carriage and that. passen- gers renounce for themselves, their representatives and dependents all claims for compensation for injury (fatal or otherwise), loss, damage, or delay, howsoever caused, sustained on board the air- cra.ft, or in the course of any of the operations of flight, embark- ing or disemba.rking caused directly or indirectly to passengers or their belongings or to persons who, but. for this condition, might have been entitled t.o claim, and whether caused or occasioned by the act., neglect or default. of Carrier, or otherwise howsoever, and that passengers for themselves and their estates will indemnify Carrier against any such claim. ARTICLE 1 T. TIME LIMITATIONS ON CLAIMS AND ACTIONS (a) No ac.t.ion shall be maintained in t.he case of damage to baggage, or other property unless a written notice of the claim is presented to an office of Ca.rrier within 3 days from the date of receipt thereof, and, in the case. of delay or loss, unless such a written notice is so presented within 14 days from the date the baggage or other property is placed or should have been placed at the passenger's disposal as the case may be. (b) Any rights to damages a.gainst Carrier shall be extinguished unless an action is brought within two years after the occurrence of the Events giving rise to the claim. PAGENO="1157" AIR LAWS AND TREATIES OF THE WORLD ARTICLE 15. LEGAL AND ADMINISTRATIVE REQFIREMENTS 1147 Carriage by Carrier is subject to applicable laws, government regu- lations, demands, orders and requirements of the countries to be flown from, into or over, and to all rules, regulations and instructions of Carrier. No liability shall attach to Carrier if Carrier ill good faith reason- ably determines that. w-hat it understands to be the applicable law, government regulation, demand, order or requirement~ requires that it~ refuse and it does refuse to carry a passenger who appears to Carrier not. to have complied with such law-, government regulation, demand. order or requirement.. Insofar as any provision contained or re.ferred to in tile ticket or in this tariff may be contrary to mandatory law-, government regulations, orders, or requirements, such provision shall remain applicable t.o tile extent that it is not over-ridden thereby. Tile invalidity of any pro- vision shall not affect any other part. ARTICLE 19. MODIFICATION AND WAIVER No agent, servant, or representative of Carrier has authority to alter, modify or waive any provisions of the contract of carriage or of this tariff. This tariff and tile published fares and charges are subject to change without not ice, except to the extent otherwise I)roVided by appli- able law, or government regulation or order; J)rovidled, however, that no such change shall apply to a contract of carriage that has already been entered into. Tile following Article forms part of tile Conditions of Car- riage of British European Airways Corporation olllv and has not~ been adopted by the other carriers whose names appear on page 1 hereof. ARTICLE 20. INTERLINE CARRIAGE If the provisions contained ill tile Passenger Rules Tariff published by the International Air `Transport Association which may be seen on demand are at variance with this Tariff the provisions of such Pas- senger Rules Tariff shall govern carriage wiliclI is or according to tile contract is intended to be performed jointly on aircraft belonging to tile Carrier and on aircraft belonging to one or more of those Carriers who are show-n as Participating Carriers in the said Passenger Rules Tariff. GENERAL CONDITIONS OF CARRIAGE FOR GOODS Adopted by Iraqi Airw-ays and by tile following Carriers: Aden Airways Limited. Air Malta Limited. Bahamas Airways Limited. British European Airways Corporation. British Overseas Ai rw-ays Corpora tion. British West Indian Airways Limited. PAGENO="1158" 1148 AIR LAWS AND TREATIES OF THE WORLD Central African Airways Corporation. Cyprus Airways Limited. East African Airways Corporation. Gibraltar Airways Limited. Hong Kong Airways Limited. Malta Airways Company Limited. Qantas Empire Airways Limited. Tasman Empire Airways Limited. West African Airways Corporation. Effective from 1st March, 1951. GENERAL CoNDrrIoNs OF CARRIAGE FOR GOODS ARTICLE I. DEFINITIONS As used herein: Air waybill is equivalent to the term air consignment note. (~a.r'r~age is equivalent to transportation. Crrrier includes the air carrier or undertaking issuing the air way- bill and all air carriers that carry the goods under such air waybill, or perform any other services related to such air carriage. For the pur- poses of the exemption from and limitation of liability provisions set forth or referred to in this tariff or in the air waybill, "Carrier" in- cludes the agents, servants, or representatives of any such air carrier. Cit~' terniinai ~erriee means the surface carriage of consignments be- tween Carrier's city handling station and the airport of departure or destination, as the case may he. (~.O.J). means an arrangement between the shipper and Carrier whereby the latter, upon delivery of the consignment., is to collect from the. consignee the amount indicated on the air waybill as payable to the shipper. Con~~ignrn.enf is equivalent to the term shipment. Con~'e'ntion means the Convention for the ITnification of Certain Rules ielating to International Carriage by Air, signed at Warsaw, October 12, 1929. Castov7.c~ Coms~ign.ee is equivalent to the term customs clearance agent. means full calendar days, including Sundays and legal holi- days provided that for purposes of notification the balance of the day upon which notice is despatched shall not he counted, and when the last day falls on Sunday or a legal holiday, such Sunday or legal holiday shall not be. counted. De7~'ery seiw ice means the surface carriage of inbound consignments from the airport of destination to the address of the consignee or that of his designated age1lt or a re-forwarding agent or to the custody of t he. a pp ropi'i ate government agency when required. Gold frm.s means French francs consisting of 651/2 milligrams of gold at the standard of fineness of nine hundred thousands. P;eZ-iip sec/ice means the surface carriage of outbound consign- ments from the shipper's address to the airport of departure. ~S7~ippei is equivalent to the term consignor. Tiiciff is equivalent to the term Conditions of Carriage. PAGENO="1159" AIR LAWS AND TREATIES OF THE WORLD 1149 ARTICLE 2. APPLICABILITY OF TARIFF Para. 1. General. This tariff shall apply to all carriage of goods, including all services incidental thereto, performed by Carrier, provided, however, that if, according to the contract of carriage 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 terri- tories of two High Contracting Parties to the Convention, or within the territory of a single High Contracting Party to such Convention if there is an agreed stopping place within a territory subject to the sovereignty, suzerainty, mandate or authority of another Power, even though such Power is not a party to such Convention, such carriage shall be subject to the provisions of such Convention and to this tariff to the extent that this tariff is not inconsistent with the provisions of the Convention. Para. 2. Gratuitüu.s Carriage. With respect to gratuitous carriage, Carrier reserves the right, to except the application of all or any part of this tariff. ARTICLE 3. EXECFTION OF AIR WAYBILL Para. 1. Preparation by Shipper. The shipper shall make out or have made out on his behalf an air waybill in the form, manner and number of copies t)rescribed by Carrier, and shall deliver such air waybill to Carrier w-~tli the goods. However, charges for carriage and other charges, insofar as they have been ascertained, shall be inserted in the air waybill by Carrier. Car- rier may require the shipper to make out, or have made out on his behalf, separate air w-aybill when there is more than one package or w-hen all of the consignment cannot be carried in one aircraft or can- not, without breach of government requirements or regulations of Carrier, be carried on one air waybill. Para. 2. Appar&nt Order and Condition of Good.~. If the apparent order and condition of the goods and/or packing is other than good, the shipper shall insert in the air wa bill what the apparent order and condition is. Iiowe\-er, if the shipper fails to do so, or if such statement is inaccurate. Carrier may insert, in the air waybill a statement of the apparent order and condition or note a cor- rection thereon. Para.. 3. Preparation. Completion. or (or ieet;on he,' (`airier. Carrier may, at the request of the. shipper, expressed or implied, make out the air waybill, in which event. subject to proof to the con- trary, Carrier shall he deemed to have (lone so on behalf of the. ship- pel'. If the air waybill handled over with the goods does not contain all the required particulars. or if it contains any error, Carrier is au- thorized to complete or correct it to the best of Carrier's ability, w-ith- out being under any obligation to do so. PAGENO="1160" 1150 AIR LAWS AND TREATIES OF THE WORLD Para. 4. Re~pan~bi7ity for Part kniars. The shipper is responsible to Carrier and all other persons for the correctness and completeness of the particulars and statements which he inserts in the air waybill, or which Carrier inserts on his behalf. When Carrier makes out or completes the air waybill on behalf of the shipper pursuant to the provisions of Article 3, Paragraph 3 above, the shipper shall be liable for all damages suffered by Carrier or any other person by reason of the irregularity, incorrectness or incomplete- ness of said particulars and statements. In the case of consignments to be forwarded C.O.D. it shall be the sole responsibility of the shipper to enter on the air waybill the amount. to be collected upon delivery of the consignment. and Carrier shall not be liable for failure to collect such amount. when not so entered by the shipper. Pa.ra. ~. Alteration-s. Air waybill the writing on which has been altered or erased need not be accepted by Carrier. Para. 6. Rigk t of inspection by Carrier. Carrier reserves the right to inspect the contents of all consignments whenever doubt exists that contents are not as described by shipper in the air waybill. ARTICLE 4. CHARGES Para. 1. General. (a) Rates and charges for carriage governed by this tariff are those duly published by Carrier and in effect on the date of the issuance of the air waybill by Carrier. Such rates and charges apply only to routing published in connection therewith and, unless otherwise spec- ified, take precedence over combined rates and charges published be- t.ween the same points via the same routing. Specific commodity rates take precedence over general commodity rates. Unless otherwise specified, rates and charges apply in either direction. (b) The charge for fractions of a kilogram will be that for the next higher half kilogram, and for fractions of a pound that for the next higher pound. (c) If the gross weight. measurement, quantity or declared value of the goods exceeds the gross weight, measurement, quantity or declared value on which charges for carriage have been previously computed, the charge on such excess shall be due and payable to Carrier. Para. 2. Services Not Inciwled in Publi.s/ied Rates and Charges. Published rates and charges cover the carriage of consignments by air between a.ir~rts or other landing places a.t or near the points shown in the publishe.d rates and charges. Except as otherwise spe- cifically provided in connection therewith such published rates and charges do not include the following services or charges: (a) pick-up delivery and city terminal service to and from the airports from which Carrie.i operates: (b) storage charges: (c) insurance charges; (d) C.O.D. service charges: (e) advanced charges: (f) expenses incurred by Carrier in expediting the goods through customs, or incurred by any other person whether acting PAGENO="1161" AIR LAWS AND TREATIES OF THE WORLD 1151 as agent for the shipper, the consignee, the owner of the goods, or Carrier; (g) charges or penalties imposed or collected by government authority; (h) expenses incurred by Carrier iii repairing faulty packing; (i) charges for carriage of goods forwarded or reforwarde.d by any other transportation service; (j) transshipment expenses; or (k) any other similar services or charges. Para. 3 Payment of Charges. (a) Rates and charges are published in the currency shown in the applicable rates, tariffs and are payable in any currency acceptable to Garner. When payment. is made in a currency other than in the cur- rency in which the. rates or charge.s are published, such 1)aylnent will be made at the rate of exchange established for such purpose by Carrier. The provisions of this paragraph are subject. to applicable exchange laws and government, regulations. (b) Full applicable charges, whether prepaid or collect, fees, duties, taxes, charges, advances a.nd payments made or incurred or to be incurred by Carrier and any other sums payable to Carrier, will be deemed fully earned, whether or not the goods are lost or damaged, or fail to arrive at the destination specified in the air waybill. All such charges, sums and advanc.es w-ill be due and payable upon receipt of the goods by Carrier, except that. they may be collected by Carrier at any stage of the service performed under the air waybill. (c) With respeet. to any charges, expenses or disbursements which cannot be determined at the time when goods are handed over for carriage. Carrier may require the shipper to deposit with Carrier a sum estimated by Carrier to be sufficient. t.o cover such charges, ex- penses and disbursements. Any balance due from Carrier to the shipper or from the shipper to Carrier in connection with such deposit shall be paid after completion of the contract of carriage and de- terimna,tion of the exact amount of such expenses and disbursements. (d) The shipper consignee and owner of the goods are jointly and severally liable for the payment of and shall indemnify Carrier against all unpaid charges, advances and disbursements of Carrier, and all costs, expendit.ures, fines, penalties, loss of time, damages and other sums which Carrier may incur or suffer by reason of the inclusion in the consignment of articles, the carriage of which is prohibited by law or by this tariff, or the illegal, incorrect, or insufficient marking, numbering, addressing or packing of packages or description of the goods, or the absence, delay or incorrectness of any export. or import licence or any required certificate or document, or any improper cus- toms valuation, or incorrect statement of weight or volume. Carrier shall have a lien oii the goods for each of the. foregoing and, in the event of non-payment thereof, shall have the right to dispose of the goods at public or private sale, provided that. prior to such sale Carrier shall have mailed notice thereof to the shipper or to the cosignee at. the address stated in t.he air waybill, and to pay itself out of the pro- ceeds of such sale any and all such amounts. No such sale shall, however, discharge any liability to pay any deficiencies. No such lien or right of sale, and no right, of Carrier to collect any of the foregoing PAGENO="1162" 1152 AIR LAWS AND TREATIES OF THE WORLD shall be in any way affected, lost or prejudiced by reason of the ac- knowledgement of payment, if not actually paid, or by reason of the delivery of the goods, or the surrender of possession of the goods. (e) Carrier shall be under no obligation to incur any expenses or to make any advance in connection with the forwarding or reforward- ing of the goods except. against prepayment. by the shipper. (f) Except on such routes as may from time to time be. specified by Carrier, consignments will be accepted by Carrier with charges either prepaid or to be collected at destination, provided always that Carrier may decline to carry the following on a. charges collect basis: (i) household goods and personal effects; (ii) consignments to persons restrained of their liberty; (iii) consignments addressed to government agencies, except w-hen shipped by government agents presenting proper creden- tials; (iv) consignments not equa.l in commercial value to charges thereon; (v) consignments of perishable commodities; (vi) consignments to countries where currency or Carrier's regulations do not permit consignments to be delivered on a charges collect basis; (vii) consignments of any kind of animals; or (viii) consignments of human remains. (g) Carrier reserves the right, to refuse consignments on a charges collect basis to any country where regulations prevent the conversion of funds into other currencies or the transfer of funds to other coun- tries. Para. 4. Insurance. At the request. of the shipper, and if the appropriate premium is paid and the fact recorded on the face of t.he air waybill, the goods covered by t.he air waybill will be insured on behalf of the skipper un- der an open policy for the amount requested by the shipper as set out on the face thereof and subject to the terms and conditions of such open policy which is available for inspection by the shipper. Claims under such policy must be reported immediately to an officer of Carrier. ARTICLE 5. ACCEPTABILITY OF GOODS FOR CARRIAGE Para. 1. Valuation Limit of Consiqnnwnt. No consignment. having a declared value for carriage in excess of $100,000 (U.S. currency) or its equivalent., will be accepted for car- riage unless special arrangement therefor has been made in advance between the shipper and Carrier. Para. 2. Valuation Limits for Aircraft. Carrier may refuse to accept for carriage in one aircraft a consign- ment or group of consignments, the value of which is in excess of $50,000 (U.S. currency) or its equivalent. If single consignment ex- ceeds such limits it will be divided between two or more aircraft in the sole discretion of ~.arrier. If the declared value for carriage, of any consignment. to be carried on a specified flight in combination with other consignments to be carried on such flight results in an aggregate PAGENO="1163" AIR LAWS AND TREATIES OF THE WORLD 1153 value excee.ding the above limit, such consignment may not be carried on such flight, but will be carried on the next available flight. Para. 3. Packing and Marking of Goods. Goods must be packed so as to ensure. safe carriage with ordinary care in handling and so as not to injure or damage any persons, goods or property. Each package shall be legibly and durably marked with the name and full postal address of the shipper and consignee or the marks and numbers appearing on the air waybill. Para. 4. Goods Acceptable. Goods, wares, merchandise. and products of all kinds arid descrip- tions are acceptable for carriage unless otherwise excluded in this tariff. Para. .5. Goods Excluded. No goods the carriage of which is prohibited by any applicable law or regulation, or which in the opinion of Carrier are of a character likely to inconvenience passengers or are dangerous to aircraft, passengers or goods can be accepted for carriage. Para. 6. Goods Acceptable Only Under Prescribed Conditions. The goods specified in Carrier's Regulations will be transported by Carrier only when the specific requirements set out in such Regula- tions are adhered to by the shipper. Para. 7. Responsibility for Non-Observance of Conditions. Responsibility for the non-observance of the. conditions relating to goods which are not acceptable for carriage or are acceptable only under certain conditions re.sts upon the shipper and the owner of the goods, who jointiy and severally agree to indemnify Carrier for any loss, damage, delay, liability or penalties it may incur because of carriage of any such goods. ARTICLE 6. CONSIGNMENT IN TRANSIT Para. 1. Compliance with Government Requirements. The shipper shall comply with all applicable laws, customs and other government regulations of any country to, from, through or over which the goods may be carried, including those relating to the pack- ing, carriage or delivery of the goods, and shall furnish such informa- tion and attach such documents to the air waybill as may be necessary to comply with such laws and regulations. Carrier shall not. be obli- gated to inquire into the. correctness of sufficiency of such information or documents. Carrier shall not. be liable to the shipper or any other person for loss or expense due to shipper's failure to comply with this provision. Para. ~. Disbursements and Customs Formalities. Carrier is authorized (but shall be under no obligation) to advance any duties, taxes or charges and to make any disbursements with re- spect to the goods, and the shipper, owner and consignee shall be jointly and severally liable for the reimbursement thereof. No Carrier shall be under obligation to incur any expense or to make any advance in connection with the forwarding or reforwarding of the goods except against prepayment by the shipper. If it is necessary to make customs PAGENO="1164" 1154 AIR LAWS AND TREATIES OF THE WORLD entry of the goods at any place. the goods shall be deemed to be con- sigiied at such place. to the person named on the face of the air way- bill as customs consignee or, if no such person be named, to the carrier carrying the goods to such place or to such customs consignee, if any, as such Carrier may designate.. For any such purpose a copy of the air waybill, certified by Carrier, shall be deemed an original. Para. 3. Schedules. Routin.gs a'nd Canceliation~s. (a) Times shown in timetables or elsewhere are approximate and not guaranteed and form no part of the contract of carriage. No time is fixed for the commencement or completion of carriage. Carrier assumes no obligation to carry the goods by any specified aircraft or over any particular route or routes, or to make connections at any point according to any particular schedule, and Carrier is hereby authorized to select or deviate from the route or routes of consignment, notwithstanding that. the same may be stated on the face of the air waybill. Carrier is not responsible for errors or omissions either in timetables or other representations of schedules. No employee, agent or representat.ive of Carrier is authorized to bind Carrier by any state- ments or representations of the dates or times of departure or arrival, or of the operation of any flight. (b) All consignments are accepted subject to the availability of suitable equipment. and to available space~ (c) Carrier may without notice substitute alternate c.arriers or air- craft and if it concludes that it. would be advisable so to do, Carrier may, without notice, cancel, terminate, divert, postpone, or delay any flight, or the further right of carriage without any liability. Carrier may cancel the carriage of a consignment upon the refusal of the shipper, afte.r demand by Carrier to pay the charges or the portion thereof, so demanded, without. being subject to any liability the.refor. If any flight is cancelled, postponel or advanced or is terminated at a place other than the place of destination or if the carriage of any con- signment is so cancelled, postponed. advanced or terminated, Carrier shall not. be under any liability wit.h respect. thereto. If the carriage of the consignment or any part. thereof is so terminated, delivery there- of by Carrier to any transfer agent for transfer or delivery or the placing of such consignment. in storage shall be deemed complete deliv- ery under the air waybill, and Carrier shall be without any further liability with respect thereto, except. to mail notice. of the disposition of the consignment. to the shipper or to the consignee, at the address stated in the air waybill. Carrier may but shall nof be obliged to forward the consignment for carriage by any other route or forward the consignment. as agent. for the shipper or the consignee., for onward carriage by any transportat.ion service on behalf of the shipper or the consignee. (d) Subject to applicable government laws, regulations and orders. `Carrier is authorized to determine the priority of carriage, as between consignments and as between consignments and other cargo, mail and passengers. and to decide which articles shall be carried and which articles shall not be carried or shall be removed at any time or place whatsoever and to proceed with any flight without all or any part. of the goods in one consignment. PAGENO="1165" AIR LAWS AND TREATIES OF THE WORLD 1155 Para. 4. Certain Rig/lt$ of Carrier over Con$ignment in Tran$it. If in the opinion of Carrier it is necessary to hold the consignment at any place for any purpose, either before, during or after transit, Carrier may, upon mailing notice thereof to the shipper or consignee at the address stated in the air waybill, store the consignment for the account and at the risk and expense of the shipper, consignee and owner of the consignment, or any one of them, in any warehouse. or other available place, or with the customs authorities; or Carrier may deliver the consignment. to another transportation service for onwar(l carriage to the consignee. The shipper, consignee and owner of the consignment. shall be jointly and severally liable for and indemnify Carrier agent any expense or risk so incurred. ARTICLE 7. SHIPPER'S RIGHT OF DISPOSITION Para. 1. Skipper's Option. Subject t.o his liability to carry out all his obligations under the contract of carriage, the shipper may dispose of the goods either: (a) by withdrawing them at the airport of departure or of destination. (b) by stopping them in the course of the journey on any landing. (c) by calling for them to be delivered at the place of destin- ation or in the course of the journey to a person other than the consignee named in the air waybill, or (d) by requiring them to be returned to the airport of de- parture; provided that this right of disposition shall not be exer- cised in such a way as to prejudice Carrier or other shippers. Para.. 2. Payment of E~vper~es. The shipper shall be liable for and shall indemnify Carrier against all loss or damage suffered or incurred by Carrier as a result of the by the exercise of his right of disposition. The shipper shall reimburse Carrier for any expenses occasioned by the exercise of his right of disposition. Para. 3. Exercise of Right of Disposition. Every exercise of the right, of disposition must he made. by the shipper or his designated agent., if any, and must be applicable to the whole consignment. Exercise of the shipper's right to dispose of the goods while in transit is conditional upon production by the shipper or his designated age.nt of the part. of the air waybill which was de- livered to the shipper. Instructions as to disposition must be given in writing and in the form prescribed by Carrier. Para. 4. Carrier's Inability to Comply. If it. is not reasonably practicable to carry out the order of the shipper, Carrier shall so inform him promptly. The cost of so doing attaches to the goods. Para.. 5. Extent of Skipper's Rig/it. The shipper's right of disposition shall cease at the moment, when. after arrival of the goods a.t~ the destination, the consignee takes posses- sion or requests delivery of the goods or air waybill. Nevertheless, if PAGENO="1166" 1156 AIR LAWS AND TREATIES OF THE WORLD the consignee declines to accept the air waybill or the goods, or if he cannot be communicated with, such right of disposition shall continue to vest in the shipper. ARTiCLE 8. DELIVERY AND FAILURE TO DELIVER Para. 1. Delivery to Gon4gnee. (a) Except as otherwise specifically provided in the contract of car- riage, delivery of the consignment will be made oniy to the consignee named on the face of the air waybill. Provided that delivery to the consignee shall be deemed to have been effected when the consignment has been delivered t.o Customs or other government authorities and Carrier has delivered to the consignee any authorisations from Carrier required to enable the consignee to obtain release of the consignment. (b) Delivery of the consignment. shall be made by Carrier only upon written receipt of the consignee and upon compliance with all other applicable terms and conditions of the air waybill and of this tariff. Para. ~. Notice of Arrival. Notice of arrival of the consignment will, in the absence of other in- structions be sent to the consignee, and the person to be notified, by ordinary methods; Carrier is not liable for non-receipt or delay in receipt of such notice. Para. 3. Time and Place of Delivery. Carrier does not guarantee the carriage or delivery of goods within a defithte time. The consignee must accept. delivery of and collect the consignment at the airport of destiiia.tion, unless delivery service to the address of the consignee has been arranged for between the shipper or con- signee and Carrier. Para. 4. Failure of Gon~ignee to Take Delivery. (a) If the consignee refuses or fails to take delivery of t.he consign- ment after its arrival at t.he airport of destination or the destination named in the air waybill. Carrier will endeavour to comply with any instructions of the shipper set forth on the face of t.he air waybill. If no such instructions are so set forth, or if such instructions cannot rea- sonably be complied with, Carrier, after forwarding to the shipper notice of the failure of the consignee t.o take delivery, may: (i) Return the consignment on its own services or on any other transportation service to the airport of departure, there to await inst.ructions of the shipper; or (ii) After holding the consignment. at. airport of destination for a period of not, less than 30 days, sell such consignment in one or more lots at. public or private sale. (b) The shipper and owner agree to pay all charges and expenses resulting from or in connection with the failure to make delivery of the consignment including, but not limited to, carriage charges in- curred in returning the consignment. If the consignment is returned to the airport of departure and the shipper or owner refuses or neglects to make such payments within fifteen days after such re- turn, Ctirri~r may dispose of the consignment or any part thereof PAGENO="1167" AIR LAWS AND TREATIES OF THE WORLD 1157 at public or private sale after giving the shipper at the address stated in the air waybill ten days' notice of its intention to do so. (c) In the event of the sale of the consignment Carrier is all- thoriized to pay to itself and other transportation services out of the proceeds of such sale any and all charges, advances and expenses of Carrier and other transportat.ion services plus costs of sale, holding any surplus subject to the order of the shipper. A sale of any con- signment shall, however, not discharge the shipper and/or owner of any liability hereunder to pay any deficiencies. Para. 5. Disposal of Perishables. \Vhen a consignment containing perishable articles is delayed in the possession of Carrier, is unclaimed or refused at destination, or for other reasons is threatened with deterioration, Carrier may im- mediately take such steps as it sees fit for the protection of itself and other parties including but not limited to the destruction or abandon- ment of all or any part of the consignment, the sending of requests for instructions, the storage of the consignment or any part thereof at. the risk and cost of the shipper, or the disposition of the consign- ment or any part thereof at public or private sale without notice. The proceeds of any such sale shall be subject to the payment to Carrier of all accrued charges and expenses. Para. 6. (L0.D. Co'nsignments. Consignments may be forwarded C.O.D., subject to the following: (a) The letters "C.O.D." are legibly marked on each package next to the shipper's and consignee's name and address. (b) Currency requirements of the country of departure and/or destination; and (c) The right of Carrier to refuse C.O.T). consignments to any particular country or on any particular route. ARTICLE 9. PICK-UP, DELIVERY AND CITY TERMINAL SERVICES Para. 1. Availability of Service. Pick-up, delivery and cit.y terminal services will be available at the points and subject to the rates and char~e.s established for such services as published in the applicable tariffs of Carrier. Para. 2. Request for Service. Pick-up service will be provided when requested by the shipper. Delivery service will be provided if instructions are given by the shipper on the air waybill, or by the consignee. Para. 3. Consignments for TVhieh Service U'navailable. Pick-up, delivery and city terminal services will not be provided by Carrier without special arrangement for any consignment which in the opinion of Carrier it. is impracticable for Carrier to handle. Papa. 4. Limitations on Service. Pick-up, delivery and city terminal services will not be provided when in the opinion of Carrier it is impracticable to operate vehicles, or when the address of the sale shipper or consignee is not directly accessible to vehicles, Consignments will not be handled beyond load- lug platforms or doorways directly accessible to vehicles. PAGENO="1168" 1158 AIR LAWS AND TREATIES OF THE WORLD Para. .5. Hand7ing. Pick-up, delivery and city terminal services will not be provided for pieces which cannot be handled by one man unless advance arrange- ments have been made., including, where necessary, the furnishing of additional men and equipment by and at the risk and expense of the shipper or consignee. Pa.ra. 6. Hours of Sereiee. Except by pre-arrangement~ with Carrier, pick-up and delivery serv- ice will be~ provided only (luring regula.r business hours and on regu- larly scheduled cartage trips. Para. 7. Tender of Delivery. Consignments which through no fault of Carrier cannot be delivered on the first tender of delivery to the consignee will be returned to Carrier's terminal and the consignee w-ill be so notified. Further tenders will be made only upon request of the consignee, and an addi- tional charge based on published rates will be made for each subse- quent tender of delivery. ARTICLE 10. FORWARDING AND REFORWARDING The goods, or packages said to contain the goods, described on the face of the air waybill, are acc.epted for carriage from their receipt at Carrier's airport office at the place of departure to the airport at the place of destination. If so specifically agreed, the goods, or pack- ages said to contain the goods described in the air waybill, are also accepted for forwarding to the airport of departure and reforwarding beyond the airport of destination. If such forwarding or reforward- ing is by carriage operated by Carrier, such carriage shall be upon the same terms as to liability as set forth in Paragraphs 2 and 3 of Article II hereof. In any other event, the issuing carrier and last car- rier, respectively, in forwarding and reforwarding the goods, shall do so only as agents of the shipper, ow-ner, or consignee, as the case may be, and Carrier shall not be liable for any damage arising out of such additional carriage unless proved to have been caused by its own negligence or willful fault. The shipper, ow-ner and consignee hereby aufhorize such carriers to do all things deemed advisable to effect such forwarding and reforwarding, including, but without limitation, selection of means of forwarding or reforwarding and the routes thereof (unless these have been specified by the shipper in the air w-aybill), execution and acceptance. of documents of carriage (which may include provisions exempting or limiting liability) and consigning of goods with no declaration of value, notw-ithstanding any declaration of value in the air waybill. ARTICLE 1 1. LIABILITY OF CARRIER Pare. 1. ~ucce.~;' c~,~;ei~s. Carriage to be performed by several successive carriers shall be deemed to be one un-divided carriage, if it has been regarded i)y tile parties as single operation. whether it has beeii agreed upon the form of a single contract or of a series of contracts. Carriage to be per- formed under the air waybill be several successive carriers is regarded as a single operation. PAGENO="1169" AIR LAWS AND TREATIES OF THE WORLD 1159 Para. ~. Laws and Provi.s~io~ Applicable (a) Carriage in which the place of departure and the. place of desti- nation, whether or not there be a break in the carriage or a transliip- ment., are situated ejther within the territories of two High Contract- ing Parties to the Convention, or within the territory of a single High Contracting Party, if there is an agreed stopping place within a ter- ritory subject. to the sovereignty, suzerainty, mandate or authority of another Power, even though that. Power is not a party to the Conven- tion, is subject. to the rules relating to liability established by the Convention. (b) To the extent not. in conflict with the provisions of sub-para- graph (a) above, all carriage and other services performed by each carrier are subject to: (1) Applicable laws (including national laws implementing the Convention), government regulations, orders and require- ments; (2) Applicable tariffs, rules, regulations and timetables (but not the times of departure and arrival therein specified) of Carrier. (c) For the purposes of the Convention the agreed stopping places (which may be altered by Carrier in case of necessity) are those places except the place of departure and the place of destination set forth in the Air Waybill or shown in Carrier's timetables as scheduled stop- ping places for the route. (d) In the case of carriage subject to the Convention, the shipper acknowledges t.hat he has been given an opportunity to make a special declaration of the value of the goods at delivery and that the sum entered on the face of the air waybill as "Shipper's Declared Value- For Carriage", if in excess of 250 French gold francs or their equiva- lent per kilogram, constitutes such special declaration of value. Para. 3. Limitation of Liability. Except. as the Convention or other applicable law may otherw-is~ require: (a) Carrier is not liable to the shipper or to any other person for any damage, delay or loss of whatsoever nature (hereinafter in this tariff collectively referred to as "damage") arising out. of or in connection with the carriage of the goods or other services performed by Carrier incidental thereto, unless such damage is proved to have been caused by the negligence or willful fault of the c.arrier against whom the claim is made and there has been no contributory negligence of shipper, consignee. or other claimant.; (b) Carrier is not liable for any damage directly or indirectly arising out of compliance with laws, government, regulations, or- ders or requirements, or from any cause beyond Carrier's cont.rol; (c) `Where the charges for carriage have been based upon a value declared by the shipper, any liability of Carrier shall in no event exceed the shipper's declared value for carriage stated on the face of the air waybill, and in the absence of such declaration by shipper liability of Carrier shall not exceed 250 gold francs, or their equivalent per kilogram of goods destroyed, lost, damaged or delayed; all claims shall be subject. to proof of value. (d) Carrier shall not, be liable under any circumstances for damage to or destruction of a consignment. caused by or as a result of property contained therein and the shipper, ow-ner and con- 39-73~7 O-65--vol, i-74 PAGENO="1170" 1160 AIR LAWS AND TREATIES OF THE WORLD signee, whose property shall cause damage to or destruction of an- other consignment. or of the property of Carrier, shall indemnify Carrier for all losses and expenses incurred by Carrier as a result. thereof. Goods which are likely to endanger aircraft, persons or property, may be abandoned or destroyed by Carrier at any time without notice and without any liability therefore attaching to Ca.rrier; (e) No warranty concerning any aircraft engaged in the car- riage or concerning its fitness for the carriage of the goods to which the contract. relates is implied in the contract of carriage; (f) A carrier issuing an air waybill for carriage exclusively over the lines of others does so only as a sales agent; (g) Carrier shall not be liable in any event for any con~- quentia.l or special damages arising from carriage subject to this tariff, whether or not Carrier had knowledge that such damages might be incurred. ARTICLE 12. TIMES LIMITATIONS ON CLAIMS AND ACTIONS (a) No action shall be maintained in the case of damage to goods unless a written notice, sufficiently describing the goods concerned, the approximate date of the damage, and the details of the claim, is pre- sented to an office of Carrier within seven days from the date of receipt thereof, in the case of delay unless presented within fourteen days from the date the goods are placed at the disposal of the person en- titled to delivery, and in the case of loss (including non-delivery) unless presented within one hundred and twenty days from the date of issue of the air waybill. (b) Any rights to damages against Carrier shall be extinguished unless an action is brought within two years after the occurrence of the events giving rise to the claim. Carriage by Carrier is subject to applicable laws, government regu- lations, demands, orders and requirements of the countries to be flown from, int.o or over, and to all rules, regulations and instructions of the Carrier. No liability shall attach to Carrier if Carrier in good faith reason- ably determines that what it understands to be the applicable law, government regulations, demand, order or requirements requires that it refuse and it does refuse to carry a consignment which appears to Carrier not to comply with such law, government, regulation, demand, order or requirement. ARTICLE 13. LEGAL AND ADMINISTRATIVE REQUIREMENTS Insofar as any provision contained or referred to in the air waybill or in this tariff may be contrary to mandatory law, government regula- tions, orders or requirements, such provision shall remain applicable to the extent. that it is not over-ridden thereby. The invalidity of any provision shall not affect any other part. PAGENO="1171" AIR LAWS AND TREATIES OF THE WORLD 1161 ARTICLE 14. MODIFICATION AND WAIVER No agent, servant or representative of Carrier has authority to alter, modify or waive any provisions of the contract of carriage or of this tariff. This tariff and the published rates and charges are subject to change without notice, except to the extent otherwise provided by ap- plicable law or government regulation or order; provided, however, that no such change shall apply to a contract of carriage that has al- ready been entered into. The following Article forms part of the Conditions of Car- riage of British European Airways Corporation only and has not been adopted by the other carriers whose names appear on page 17 hereof. ARTICLE 15. INTERLINE CARRIAGE If the provisions contained in the Cargo Rules Tariff published by the International Air Transport. Association which may be seen on demand at variance with this Tariff the provisions of such Cargo Rules Tariff shall govern carriage which is or according to tile contract. is intended to be performed jointly on aircraft. belonging to Carrier and on aircraft belonging to one or more of those Carriers who are shown as Participating Carriers in the said Cargo Rules Tariff. PAGENO="1172" PAGENO="1173" IRELAND Number 40 of 1936. AiR NAVIGATiON AND TRANSPORT ACT, 1936. 1163 PAGENO="1174" 1164 AIR LAWS AND TREATIES OF THE WORLD AIR NAVIGATION AND TRANSPORT ACT 1936 (No. 40) ` ARRANGEMENT OF SECTIONS. PART I. ~ G~p~uj~. 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 the Executive Council. 6. Regulations. 7. Fees. 8. Repeal of Air Navigation Act, 1920. 9. Expenses. PART II. PROVISIONS IN RELATION TO PARIS CONVENTION. 10. PGwer to give effect to the Paris Convention. 11. Power to apply Paris Convention to internal flying. 12. Special provisions whieth may be made by Order of the Executive Council. 13. Power to compel compliance when aircraft disobeys signels. 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 li'cences. PART III. CARRIAGE BY Am. CHAPTER I. Jnternaticnvil Ciri-iage bij 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="1175" AIR LAWS AND TREATIES OF THE WORLD 1165 CHAPTER II. Carriage by air which i~ not interiv~tionai. Section. 20. Application of Chapter I of this Part of this Act to carriage by air which is not international. PART IV. LIABILITY IN RESPECT oF DAMAGE CAus~ BY AIRCRAFT TO PERSONS AND PROPERTY ON LANI) OR WATER, SUl~vIvAL 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. Liabllity in Respect of Lkz'mage Ca~ed bIt 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 Cara~es of Action arising out of Liability in Respect of Th~nage (Jaiu.s&Z by Aircraft to Person8 and Property on Land or Water, Limitation of s'uch Liability and Corn pulsory In.s~uraiwe 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 dsmage 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="1176" 1166 AIR LAWS AND TREATIES OF THE WORLD Section. 26. Hirers of aircraft to be treated as owners in certain cii'- cumstances. 27. Approved aircraft insurer. 28. Certificate of insurance. 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. £THAPTEB Ill. Provision in relation to the Rome Conventi.n. 34. Commencement of chapter ifi of Part IV. 35. Provision for giving effect to the Rome Convention. PART V. ESTABLISHMENT AND MAINTENANCE OF AERODR0MES BY THE MINISTrI, FOR INDUSTRY AND COMMERCE ~ Loc~ AumoRrrrEs, A~m ACQUISI TION OF LAND, ETC., 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 local 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="1177" AIR LAWS AND TREATIES OF THE WORLD 1167 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 A1RCRAFI~, AND DANGEROUS Frxiwn 55. Restrictions on actions for damages in respect of trespass or nuisance by aircraft. 56. Penalty for dangerous flying. PART VII. ADMINISTRATIVE AND MISCELLANEOI IS PROVISIONS. 57. Wreck and salvage. 58. Application to seaplanes of certain provisions of the Merchant Shipping Acts, relating to collisions at se~ 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. TrIE COMPANY, SUBSIDIARY COMPANIES AND A~o~ LTNGUS, TEORANTA. 68. Formation and registration of the Company. 69. I~oan to Company to pay expenses of formation. PAGENO="1178" 1168 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 Finaneg 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. Subsidiiea. 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 TX. RESTRICTION ON SERvIcI~s FOR INTERNAL CARRIAGE BY Am OF PASSENGERS AND GOODS. 84. Restriction on carriage by air of passengers and goods ~etw~en places within Saorstát Eireann. PART X. CONTROL &rm REGULATION OF CERTAIN CLASSES OF AVIATION Busiwi~ss. 85. Definitions for p'irposes 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="1179" AIR LAWS AND TREATIES OF THE WORLD 1169 Section. 90. Operation of aviation business licence. 91. Attach1~i~ of conditions to aviation business 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 SC1TEDULE. INTERNATIONAL CoNv~'rIoN FOR THE UNIFICATION OF CERTAIN RULES RELATING TO INTERNATIONAL CARRIAGE BY A~. SECOND SCREDULE. CONDITIONS TO WHICH THE COMPANY IS TO CoNFoRM. PAGENO="1180" 1170 AIR LAWS AND TREATIES OF THE WORLD AN ACT TO MAKE FURTHER AND BETTER PROVISION IN RELATION TO THE RELUIATION OF AIR NAVIGA- TION AND TRANSPORT, AND TO PROVIDE FOR OTHER MATTERS CONNECTED THEREWITH. [14th August, 1936.] BE IT ENACTED BY THE OIREACHTAS OF SAORSTAT EIREANN AS FOLLOWS:- PART I. PRELIMINARY AND Gn~xiui~. 1.-This Act may be cited as the Air Navigation a~id Transport Short title Act, 1936. 2.-(1) In this Act- Definitiena. 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 releting to international carriage by air which was signed at Warsaw "n 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 R.ome 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 Saorstfit Eireann is a party; PAGENO="1181" AIR LAWS AND TREATIES OF THE WORLD 1171 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 boat and any other aircraft designed to man~uvre on the waters; 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 be 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 whioh 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 (li) the council of a county, or (c) t.he couiicil of alt urban district; the e~pres~tuns `` conservancy authority " and ``harbour authority " have the same meanings respectively as in section. 742 of the Merchant Shipping Act, 1694; PAGENO="1182" 1172 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) Refereuces in this Act to any country or territory (inelud.. ing SaorstLt 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 ~ *tpplication of (except Part III thereof) shall not apply to any State aircraft. (2) The Executive Council may by order direct that such pro- visions of this Act (except Part ifi thereof) or any oildicr or regulations 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 Saorstát Eireann. 4.-Nothing in this Act or any order or regulation made there- for under shall prejudice or affect the rights, powers or privileges ~ of any general or local lighthouse authority. 5.-(l) An order made by the Executive Council under this General provision Act may be made applicable to any aircraft in or over Saorstflt 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="1183" AIR LAWS AND TREATIES OF THE WORLD 1173 be an offence triable summarily and prescribe the punishments which may be inflicted by courts of summary jurisdiction 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 Eireann 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 Reu~ation.. (a) any matter or thing referred to in this Act (except Part fl thereof) as prescribed; (b) any roatter or thing in respect of which the Minister is authoriseci, by an order made by the Executive Council under this Act, to make regulations for carrying out the purposes of such order: (r) any matter or thing which the Minister is by this Act authorised to prescribe by regulations made under this Act. 7.-The following provisions shall have effect in relation to all Fees. feeq payable under this Act, that is to say:- (a') siie'h 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 aecordsnce with the directions of the Minister for Finance; and (h) the Publie Offices (Fe~) Act, l~79. shall not apply in respect of such fees. PAGENO="1184" 1174 AIR LAWS AND TREATIES OF THE WORLD 8.-The Air Navigation Act, 1920, is hereby repealed. Repeal of Air Navigation Act, 1920. 9.-A11 expenses incurred by the Minister for Finance in the Expenses. ?xecution of this Act and all expenses so incurred by the Minister for Justice, the Minister for Local Government and Pt~blic 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 Oireachtaa PART U. PROVISIONS IN RELATION ro rns PARIS CONvEN'rloN. 10.-The Executive Council may from time to time make such Power to give effect to the Pan orders as appear to them necessary or expedient for carrying Convention mt the Paris Convention and for giving effect thereto or to any ~f the provisions thereof, and every sueh order shall have the force of law in Saorstát Eireann. 11.-The Executive Council may from time to time by order Power to apply direct that the provisions of the Paris Convention for the time Paris Convention being in force, or any of them, and whether or not those ~ to internal flying visions are limited to aircraft of any special description or engaged in any special kind of navigation, shall appiy to or in relati~ii 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. 12.-Without prejudice to the generality of the powers con- Special ptovia~on ferred by the two immediately preceding sections the Executive which mar be made by Order o Council may by order made under either of the said sections the Executive make provision- Council. (a) prescribing the authority by which any of the powers exercisable under the Paris Convention by a con- tracting State or by any authority therein are to be exercised in Saorstfit Eireann; (b) for the licensing, inspection, and regulation of aero- dromes, for acce~ 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="1185" AIR LAWS AND TREATIES OF THE WORLD 1175 (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 Saorstát Eireann; (e) as to the conditions under which aircraft may be used for carrying passengers and goods; (I) as to the conditions under which aircraft may pass, or passengers or goods may be conveyed by aircraft, into or from Saorstát Eireann or from one part of Saorstát 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 aircraft or per- sons where it appears that the same shoi~d not aipply; (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 respect.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; (F) for the control and regulation of aerial lighthouses. lights at or in the neighbour'hood of aerodromes and aerial lighthouses and lights whidh are liable to endanger aircraft; 39-737 O-6~---vo1. 1---75 PAGENO="1186" 1176 AIR LAWS AND TREATIES OF THE WORLD (nz) 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 this Act as prescribed. 13.-If any aircraft flies or attempts to fly over any area 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 Saorstft 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 (b) if. after such sic'nal has been ~`iven, thc aircraft fails to respond to such signal by complying with the pro- visions of such order prescribing the action to be taken on such si~nnl being givrn. it shall be lawful for such officer to fire at or into such aircraft and to use any and every other means at his disposal to compel com- pliance: (c) no action or other lec'al proeeedin~s w'hatsoever. 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 aetine in aid 0f or under the direction of such officer. 14.-Any sums required for the contribution from Saorstát Eireai~n for the organisation and operations of the International Commission for Air Navigation set up under the Paris Convention, or occasioned by the sending of delegations, shall be paid by the Minister out of moneys provided by the Oireachtas. Power to compel compliance when aircraft (l1sobey~ Jxpc'ns~s of 11 t~i latlonal (1l1nhis.~.iot for Navigation, i'tu. PAGENO="1187" AIR LAWS AND TREATIES OF THE WORLD 1177 15.-Every order and regulation made under Part I of the Air Continuance of Navigation Act. 1920, and in force at the passing of this Act shall orders and regulations' he deemed for the purposes of this Act to be made under this Part made under of this Act and may accordingly be amended or revoked by an order Part I of time 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 any order or regulations made thereunder exis~1ng certificates and and in force at the date of the passing of this Act shall continue in 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. I 7.-(1) 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 ~ej~a~~t0f and other persons, and subject to the provisions of this section and J~ireanfl 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, and 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="1188" 1178 AIR LAWS AXD 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 to this Act 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 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 suci! members of the passenger's family as sustnined damage~ by reason of his death; (b) for the purposes of paragraph (a) of this scctior:- (ii) in deducing any relationship any illegitimate person shall be treated as being, or as having been the legitimate child of his mother and repu led 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 Saorstát Eireann or, not being resident there, express a desire to take the benefit of the action; ~d) 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; Liability of carrier in the event of the deat] of a passenger. (i) the expression " member of a family " means wife or husband, parent, stepparent, grandpa rent. brother, sister, half-brother, half-sister, child, step- child, grandchild, PAGENO="1189" AIR LAWS AND TREATIES OF THE WORLD (e) 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 qu~tion. 1179 19.-(1) Every High Contracting Party to the Warsaw Con- vention who 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 whi~h 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. (~RAPTER 11. Carrzage b1/ atir wkich i3 not internatiomt~. 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 T of this Part of this Act to such carriage by air, not being international carriage by air as defined in the said First Schedule. as may be specified in such order, subject however to such exceptions, adaptations and modifications as may be spedftad in such order, and wherever any such order i~ made the provisions of the s&id First Seiiedule and any provision of the said Chapter I specified in su,c1h order ~hall, subject however to such exceptions. adaptations rind modifications (if any) as may be specified in such order, Actions against High Contracting Parties who undertake carriage by air. Application `ii Chapter I of this Part of this Act to carriage by air which is not international. PAGENO="1190" 1180 AIR LAWS AND TREATIES OF THE WORLD have the force of law in Saorstfit Eireann in relation to any carriage by air, not being international carriage by air as so defined, specified in such order. PART lIT. LI~rLrrY IN RESPECT o~ D~oE CAUSED BY AIRCRAFT TO PERSONS AND PROPERTY ON L~.m OR WATER, Suisviv~ OF CAUSES OF ACTION ARISING OUT OF SUCH Lt~.mi~rry, LIMITATION OF SUCH LIAFIu~rv, AND COMPULSORY INSURANCE BY OWNERS OF AIRCRAFT AGAINST SUCH LIABILITY. CHAPTER I. Liabiiity in Respect of Thwiwge Ca~used b~j Aircraft to Persons or Pr~pert~y on Lend 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 ~o taking off or landing, the following provisions shall have effect, ~ t}~nt is to say:- or water. (a) damages shall be recoverable from the owner of such aircraft in respect of sueh 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 loss 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="1191" AIR LAWS AND TREATIES OF THE WORLD 1181 (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 tharein 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 o~peration of Part UI oi 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 Survivo2 of Causes of Action wising out of Liability in Respect of Damage Caused by Aircraft to Persons and Property on L4nd or Water, Linitation of such Liability and CompuLsory Insurance by Owners of Aircraft against such liability. 22.-This Chapter of this Part of this Act shall come into Commencement operation on such day as may be fixed therefor by order of the of Chapter II of Minister. Part IV. 23.-(1) This seetion applies to every cause of action III T~)~t Survival of cause of loes or damage which, after the commencement of this Chapter of action in of this Part of this Act, is caused to persons or property on land respect of loss or or water, by, or by a person in, or an article or person falling from, damage caused by an aircraft while in flight, taking off, or landing. and property on land (2) Subject to the provisions of this section, on the death of ally water. 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- (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="1192" 1182 AIU 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- cuJated 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 cauae 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, Limitation of as the case may be, his estate shall mot, in respect of loss or i~L~1litY for damage which, after the commencement of this Chapter of this d~i!iIage caused by aircraft to Part of this Act, is without any grow negligence or wilful mis~ persons ami conduct on his part and without any gross negligence or wilful property on land misconduct (to which he was privy) on the part of his 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="1193" A1I~ ]IAV~ AND Tll1\TIES ~F ~1'I~I1 \VO1~LI) 1183 (a) in case such aircraft is an airship, twenty-five thousand pounds, or (b) in case such aircraft is a balloon (whether fixed or freç), five thousand pounds, or (c) in case such aircraft is a glider, one thousand pounds, or (d) in any other case- (i) a nnmbcr of pounds of the currency of S.aorstfit Eireann equal to the nu~mber of pounds avoirdu- pois constituting the weight of such aircraft full5 loaded, or (ii) if the sum ascertained under sub-paragraph (i) of this paragraph is 1~ than five thousand pounds or more than twenty-five thousand pounds, five thousand pounds or twenty-five thousand pounds, as the case may be. (2) Without prejudice to the operation 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 the 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 lo~ 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 whidh he may incur in respect of such loss or damage, was. in force in relation th such aircraft at the time of the happen- ing of the event w~hieh was t~e cause of the loss or damage giving rise to the c'aim, 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 Chapter of this Part of this Act PAGENO="1194" 1184 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 several 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 tbe pro- ceedinga, 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 to 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 toes 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 thi8 section shaU be 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 111 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 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="1195" AIR LAWS AND TREATIES OF THE WORLD 1185 25.-(1) After the commencement of this (Thapter 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 unless- to bc insnred~ 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 0 as an approved policy of insurance) issued by an approved aircraft insurer, which sub~ect 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 persoli in, or any article or person failing from, the aircraft while In flight, taking off, or landing; or (b) the owner of such aitcraft is an exempted person within the meaning of this Chapter of this Part of this Act. (2) If any person acts in contravention of this section he shall be guilty of an 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 be 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 circumatancee. 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. PAGENO="1196" 1186 ATF~ LA\V~ ~ND TRFATIE~ OF THE WORLD 27.-(1) The Minister may from time to time by order Approved *ircrsfi declare that a specified person is an approved aircraft insurer insurer. for the purposes of this Part of this Act, and ~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 he an approved aircraft insurer for that purpose. (2) The Mi~riister may by order revoke an order made under this section. 28.-A policy of insurance shall be of no effect for the pmrposes Ce~ti~cat. of of the preceding provisions of this Chapter of this Part of this Act insuranc unless and until there has `been i.~u.e& by. the insurer to the insured a certificate (in this Part of this Act referred to as a certificate of insurance) in relation to su~h policy in such rorm and containing such particulars as the Minister may require. 29.-(lfl In this Chspter of this Part of this Act, the expres- ` F'xempted ~ion " exempted person " means a person- (a') who has made and maintained, in respect of any aircraft of which ho is the owner, the depoeit of the appro- priate amount with the Accountant of the Courts of Justice authori&ed by the next following section to he made by persons who desire to become exempted per- ions: and (b'~ to whom a certificate (which is for the thne being in force') has been granted by The Minister under the next followin2 sub-section in respect of such aireraft. (2') Where any person who is the owner of any aircraft satis- fies the Minister that lie has made in respect of suc'h aircraft with the Accountant of the Courts of Jnstio~e a deposit of t~h~ ssppro- priate amount, the Minister shall issue to such person a certi- ficate (in this (ThaDter of this Part of this Act referred to as a certificate of security) in such form and containinc~ such particu- lars as the Minister thinks proper. (~1') Where- (a') a certificate of security has been i~ued to niw person by the Minister under this section. and (?`) either- (il the amount, stated ma notice 0f de~clency given to such person by the Account aTit of the Courts of PAGENO="1197" A11~ L\\V~' \N[) TU1:ATIi:~ 01 Tf-i L \V()ULD 1187 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 who is the owner of not more than tWO Depoeits 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 relation 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) ot 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 p.r~on. PAGENO="1198" 1188 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.-(l) 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 debt. 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 fa1I~ short of the full proper PAGENO="1199" AIR LAWS AND TREATIES OF THE WORLD 1189 amount of such deposit, he shall give to the Minister and suoh 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 applieation R~1eaae of made in a summary manner by a depositor or by a person claim- deposlt8. ing through or under a de!positor and after notice to the Minister arid after such publication of advertisements as the High C~ouet ,~hall direct, that it is just and expedient that the deposit or part of the deposit made by such depositor should be paid out to the person making such application, the High Court shall order such deposit or su~h 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 High Court to be nece~ary or expedient for glvinø effect to such order. PAGENO="1200" 1190 -\I1~ L\\V~-~ Y~J) T1~ }~\TI E~ OF THE WORLD 33.-(i) The Minister may by order make regulations in rela- Regulations for tion to all or any of the following matters, that is to say:- (a) app1ications for certificates of security; (if) the issue of co-pies or of new certificates in lieu of any such certificates which are lost or destroyed; (c) the carrying of documents in aircraft and the produc- tion of such documents on demand to suc~h persons as may be specified in such regulations. (2) If ally person acts in contravention (whether by commis- sion or by omi~on) 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. Provisson in re24rtion to the Rome Co,wention. 34.-This Chapter 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. 35.-(1~ The Executive Council may. if it appears to them to Provision for giving effect to be necessary or expedient for them so to do for the purposes the Rome of giving effect to the Rome Convention, make an order- Convention. (a) directing either- (i) that the provisions set, out in s'udi 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 oi 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; arid (b) making such provisions as appear to the Executive Council to be required for securing that a Saorstát Eireann aircraft shall not leave SaorstLt Eireann on a flight to or over any such country, unless there is PAGENO="1201" 1111 LAWS AND THEATIES OF THE WORLD 1191 on hoard 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- ing sub-section before the commencement of Chapter H of this Part of this Aet, the said Chapter II shall. for the purposes of the said sub-section but not furtlheT or otherwise, be deemed to be in force. (3) Every order made under this section shall have the force of law in Saorstát Bireami. PAET~ T. ESTABLISSI~ENT ANt MAINTENANCE OF AERoNtoMEs BY THE MINISTER FOR INDuSP1~Y AND COMMERCE AND LOCAL AUTHORITIES, AND AcQuls!- TION OF LAND, ETC., FOR THOSE PURPOSES. 36.-The purposes of this Part of this Act for which land may ~ of be acquired by agreement or compulsorily shall include- ~ Part of this Act ". (a) the purpose of securing that the land adjacent to an aerodrome `c(rhieh 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 aerodrome, w~hieh the Minister or a local authority~ has establishod or is about to estab- lish, are, with the object of ensuring the safety of air- craft approaching or leaving the aerodrome, demoli~hed. 37.-The Minister may and any local authority may. with the Power of Minister consent of the Minister criven after consultation with the Minister Mid local authority to for Local Government and Public Health and subject to such con- ~tabli8h and ditions as he may impose. establish and maintain aerodromes and maintain provide and maintain in connection therewith roads, bridges. aerodromea. approaches, apparatus, equipment, and buildings and other accommodation. 39-737 O-G~---VO1. 1-~----7" PAGENO="1202" 1192 AIR LAWS AND TREATIES OF THE WORLD 38.-(l) If the Minister is satisfied, with respect to any aerodrmne Power of local maintained by a local authority under the immediately preced- authorities to ing section, that it is necessary or expedient that such local ~ in 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 busine~ 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 t1ii~ 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) authorised in that behalf by the Minister or land by th~ 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 whiclh 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 conferred on such authorised officer by 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 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="1203" AIR LAWS AND TREATIES OF THE WORLD 1193 41.-(1) If and whenever the Minister thinks proper to acquire Oompnl.ory compulsorily any land or to acquire or use compulsorily any right acquisition of of impounding, diverting, or abstracting water for the poses land, etc., by the of this Part of this Act, the Minister may, with the consent of the Minister f~r 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 aecordance with this section. (2) The Minister shall not make an order under this secti'on in relation to any land covered by water, or which is 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 section, the Minister- (a) shall deposit and keep open for inspection at some suit- able place (public notice of whioh shall be given) such plans, specifications, and other documents as will show ~ully and clearly the land or right intended to be acquired or used by virtue of the order; (b) shall give notice, in such maimer as he may consider best adapted for informing persons likely to be affected by the order, of his intention to consider the making thereof and of the manner in w~hich representations and 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 making of the "der. (4) An order made under this section may incorporate- (a) the Acquisition of Land (Assessment of Oonipensation) Act, 1919, and (b) the Land Clauses Acts so far as the same are not incon- sistent with the said Acquisition of Land (Asse~znent 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="1204" 1194 AIR LAWS AXD 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 ally public inquiry held under this section (ii) the Minister shall appoint a fit and proper p'rson to hold su~ch inquiry; (h) such person is hereby authorised to administer oaths to persons appearing as witne~es at such inquiry; (c) any person interested in the subject matter of such inquiry shall be entitled to appear personally or by counsel or soli,citor and to adithice evidence. 42.-(1) The Minister may at any time dispose in such manner Dispoeal 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 disposed of for the benefit of the Exchequer in such manner `is the Minister for Finance may direct. 43.-(1) A local authority may, with the consent of the Minister A~nisi~ion of for Local Government and Public Health given `after 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 4ct, 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="1205" AIR LAWS AND TREATIES OF THE WORLD 1195 (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 Minister, sell or let by public auction or private treaty in suitable lots any land acquired by such authority 44.-Where a local au'thority 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 ~c*i~is1tIon of thi~ Act or of a power expressly conferred by this Act, the adyertiscments menti of 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 of this Act and such aerodrome is or will be situated by the ng~on and other righte. sea or any navigo~le inlet thereof, the Minister, after consultation with. the Minister for Agriculture may, if it is in his opinion in the, p%thlic. interest so to do, make an order under this section liinit~g ~r prohibiting the exercise of any right of navigation and any public, or private right of fishing or landing fish or any ether pt~b~lis. 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 i~ider the next preceding sub- see~tion of this; section 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 or other person entitled to exercise such right and suich compensa- tion shall, in default of agreement, be fixed under and in accord- ance with the Acquisition of Land (Assessment of' Compensation) M~t, 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. 4&-The Minister may and any local authority may, with the Interference consent of the Minister, compulsorily divert, close, remove or with public otherwise interfere with any public road or bridge. ` PAGENO="1206" 1196 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 roade and ference with any public roid or bridge, the following provisions bridgee. 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 local a*~liority (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 ~es 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 subetian- 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 o1~ which such new bridge is part and shall be paid by such council to the Minister or such local.anthority (as the case may be); PAGENO="1207" AIR LAWS AND TREATIES OF THE WORLD 1197 (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 doubt, dispute or question shall be decided by the Minister for Local Government and Public Health whose decision shall be conclusive and final. 48.-(1) Where a local authority (in this section referred to as Contribu- an undertaking authority) has established and maintains or pro- finns by a local poses to establish and maintain an aerodrome under this Part of authority or conservancy or this Act. any authority (rn this section referred to as a non- harbour autho- undertaking authority) which is another local authority, a con- rity to local servancy authority, or a harbour authority, may agree with such authority main- undertaking authority to make to such undertaking authority, taming an on such conditions as may be agreed upon between the two ~ authorities and subject to the provisions of this section, a contri- relation to bution towards the expenses incurred by such undertaking management of authority in or in relation to the establishment an~ maintenance such ~erodrome by a ioint of such aerodrome. rommittef (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 ease 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 PAGENO="1208" 1198 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 seztion 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 nd 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 ments) Order, 1898, for the purpose of defraying any expenses authorities. incurred by su<~h couneil under this Part of this Act in like man- ncr as if such purpose were mentioned in that Article and money borrowed for any such purpose shall not be reckoned as part of the debt of such council for the purposes of any limitation on borrowing imposed by the said Article. (2) Any ~oeai 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 incurred by such local authority imder this Part of this Act as if such purpose were a purpose for which su~h local aut~~ority is authorised to borrow und~ those Acts, but money borrowed for any such purpose i~hall not be reckoned as part of the debt of such local authority for the purposes of any limitation on borrowing imposed by those Acts, PAGENO="1209" AIl~ LAWS AND TIfl'ATII'S OF' `i'ui; WORLI) 1199 (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 this Part EXPeflS~S of local of this Act ~hall be defrayed- authorities. (ii) in the case of the council of a county, by means of the poor rate raised equally over the 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 borough contiguous to such county); (b) in the case of the councils of the county boroughs of Cork and Waterford, the council of a borough (other than a county borough or the borough of Dun Laoghaire) or, the council of an urban~ digtrict, 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 those Acts. 51~-All expenses incurred by a conservancy authority or a Kxpensts at harbour authority under this Part of this Act shall he defrayed coflservan' and by such authority in the like manner in which other expenses of ~ties such authority are defrayed. 52.-Any local authority may, subject to the provision's of any .~1ipoi~tn~,it enactment relating to the appointment of officers by such local of officers authority, appoint such and so many officers as it shall think by local authorities. requisite for the execution of the powers conferred on it by this Part of this Act, and ever officer so appointed shall he paid such remuneration as such local authority shall, with the consent of the Minister for Local Government and Public Health. determine. 53.-(1) Nothing in this Act shall he construed as prohih~ting Provisions in the granting, under any Act passed (whether before or after the relation to land passing of this Act) by the Oireachtas. of a lease or licence, in belonging to the State. respect of :iny land which is State land and to which such Act applies, to the Minister or a local authority or the ac~eptance 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 ~rant leases and licences and any such State land may he used by the Minister for any purpose for which land acquired by liini under this Part of this Act may he used. PAGENO="1210" 1200 AIR LAWS AND TREATIES OF THE WORLD (3' In this section the expression "State land" means land which for the time being belongs to Saorstát Eireann either by vLrtue 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 Poets and Saving of Telegraphs of any rights and remedies under the Telegraph Acts, ~ .`~` 1863 to 1928, or any statutory adaptation thereof or substitution f~ Pud therefor made by or under the authority of the Oireaehtaa. T.I.graph~. PART Vi TRESPASS ANT) Nuis~cx nv AIRORAY'r, ANT) DANGEROUS Fi.xrno. 58.-No action shall lie in respect of trespass or in respect of Rastrictioni On nuisance, by reason only of the flight of aircraft over any property actions tor at a height above the ground, which, having regard to' win~d, damages in weather and all the circumstances of the case' is reasonable, or the ~ 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 IL and. any regulations made by virthe of any such order are duly complied with. 56d-.(1) Wher~ an aircraft is flown in such a manner as to Penalty for be the cause of unnecessary danger to any person or property dang~oU* dying. 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 umler 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 offenc, is alleged to have been committed such aircraft was being flown without l~ia actual fssi4t or printy. PAGENO="1211" AIR LAWS AND TREATIES OF THE WORLD 1201 (4) The provisions of th~a section shall be in addition to and nut in derogation of any order made under Part II of this Act or any regulations made by virtue of any such order. PA1~ VU. ADMINISTRATIVE AND MiSCELLANEOUS PRO V ISIONS. 57.-(1) Any services rendered in assisting, or in saving life Wr~k an~ from, or in saving the cargo or apparel of, an aircraft in, oii, 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 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 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 Eireann. (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, ~o salvage of life of property, or to the duty of rendering assist- ance 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- ~ion " 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 immediately before the. date of the passing of this Act shall be deemed to be made under. PAGENO="1212" 1202 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 Applicv~ion 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. lations for the prevention of collisions at sea- ~ Acts, relating to ooHjsion~ at sea (a) betweon seaplanes on the surface of the water, and ~ti;d cignals ol (b) between vessels and seaplanes on the surface of the 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 seaplanes on the surface of the witer as they apply in relation to ships or vessels, subject howevet to the following modifications, that is to say~- (1) for the purpose of sub-section (2) of the said section 418, and for the purposes of the gain 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 muter 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 prescribe 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 maiter shall be construed as a reference to the pilot or other per~on on duty incharge of thc seaplane. (3) In this section the word "vessels" has the. same meaning as in the Merchant Shipping Aet, 1894. PAGENO="1213" AIR LAWS AXD TREATIES OF THE WORLD 1203 (4) For the purposes of this and the next following section seaplanes taking off from, or alighting on, the water shall be deemed to be on the surface of the water while in contact there- with. 59.-(1) Any enactment which cozilers or imposes on a OOfl- Power of servancy authority or a. harbour authority any power or duty to conservancy and make bye-laws for the regulation of ships or vessels shall be con- harbou~* authorities to strued and have effect as if the power or duty so conferred or make bye-1aw~ for imposed included a power or duty to make bye-laws for the regula- regulation of tion of seaplanes when on the surface of the water, and also a seaplanee when on power to include in the bye-laws provisions authorising the harbour the surface of the master or other officer of the authority to exercise, as respects watei. 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 mRking of any alteration what- ever of the structure or equipment of a seaplane. (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 coh- 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="1214" 1204 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 been confirmed by an Act); the word " bye-laws" includes rules and regulations. 60.-(1) The Minister may by.order make regulations provid- inve8tigatinn (`4 ing for the investigation of any accident arising out of or in the accidents. course of air navigation and occurring in or over Saorstát Eireanii 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- (t) 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; (b) 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) prohibiting, pending investigation, access to or interfer- ence witl~ 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 aecess to, ex~amine, 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, wFiere 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 section shall limit the powers of any authority under sections 530 to 537. inclusive, of the Merchant Shipping Act. 1894, or any enactment (including this Act) amend- ing those sections. (4) If any person acts in contravention (whether by omission or commi~ion) of any regulations under this section, he shall be PAGENO="1215" AIR LAWS AND TREATIES OF THE WORLD 1205 guilty of an offence under this section and shall be liable on sum- mary conviction thereof to a~ fine not exceeding fifty pounds or, at the discretion of tihe court, imprisonment for a term not exceeding three montih8. (5) Any regulations made by the Minister under section 12 of the Air Navigation Act, 1920, and in force immediately before tthe date of the passing of this Act, ~ball be deemed to be made under this section and may be amended or revoked b~ regulations made under this section, and until so revoked and subject to any such amendment shall continue in force. 61.-(1) Where it is alleged by any person interested that a Infringement of foreign aircraft making a passage through or over SaorstAt patente. Eireann infringes in itself or in any part of it any invention, design or model which is entitled to protection in SaorstAt Eireann, it shall be lawful, subject to and in accordance with l~nles 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 prohibition. whether by ceder of a court or otherwise, in respect ~r on account of the alleged infringement. (2) The deposited sum shall be such a bum as may be agreed between the parties Interested, or in default of agreement shall he fixed by the Minister or some person duly aiithorised 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 fov carrying this section into effect. (3) In this section- the word " owner "shall include the actual 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 Saorstfit Eireann aircraft, shall, for the purpose of conferring jurisdiction, be dtemed to have been committed in any place where the offender may for the time hern~ he, PAGENO="1216" 1206 AIR LAWS A~D 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 applieable 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 Eirea.nn immediately before the date of the passing of this Act shall be deemed t'~ he 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 law in Saorstát Eireann. 64--(l) Where under this Act~ an aircraft is to he or may he 1~nforcing detained, any anthorised person may detain such aircraft. detention 1 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- ing provisions shall have effect, that is to say :- (c) the pilot and also the owner and any 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 authorised officer, the owner and pilot of such aircraft shall eaeh severally be guilty of an offence under this section, and shall, i.f PAGENO="1217" AlE LAWS AXD TREATIF:S OF THE WOELD 1207 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 whicti such offence is alleged to have been committed he was not a party nor privy to the taking off or attempted taldug off of sucth aircraft. (4) Any expenses payable to the Minister under 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 ~hai1 be an aut~horised officer for the purposes of this section, that is to say (a) a commissioned officer of the Defence Forces of Saomt&t Eireann; (b) an officer of the Minister; (c) an officer of customs and excise; (d) any person authorised by the Minister in that behalf. 65.-(l) Where under this Act or any order or regulation 9t~ provision. made thereunder an aircraft is to be detained, an officer of ens- ~t~'~j~raft toms and excise ~hall, and where 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 and excise, the proper officer ~hall mean, unle~ the context other- wise requires, the officer able to grant a clearance or transire to such aircraft. 66.-(l) The Minister may by order make regulations lb rela- Information as to air transport tion to all or any of the follow'mg matters, that is to say undertakings and use of custom. (a) subject to the provisions of sub-section (1) of this section, ~r~rom~ for requiring any person- *39-T37 O-65----vol. 1-----77 PAGENO="1218" 1208 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 licenëe 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 coni,ection with that use or, as the case may be, relating IAJ the use of the aerodrome and to the persons employed in aircraft arriving thcreat 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 regUlatiOfl8 is to be furnished. (2) A person carrying on any such business as is mentioned in clause (i) of paragraph (a) of the immediately precedjng sub- section shali not be required by regulations made under th1~ sec- tion to furnish information relating to the use of aircraft on journeys wholly outside Saorstát Eireann or relating to persons exclusively employed outside Saorstát Eireann unless the person carrying on tbe business is- (i) a citizen of Saorstát Eireann resident in Saorstát Eireann, or (ii) a person w~ho is exempted from the application of the Aliens Act, 1935 (No. 14 of 1935), by virtue of an order made under heetion 10 of the said Act, and is resident in Saoa'stát Eirea~n, or (iii) a body corporate incorporated under the law of Saorstát Eireann. (3) If any person contravenes (whefher by omiMion or commlb. sion) any regulation made under this section, such person sh.ll be guilty of an offence under th~ section and shall be liable on PAGENO="1219" AIR LAWS AND TREATIES OF THE WORLD 1209 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 section the expression "customs aerodrome means an aerodrotrne 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 Couv.yants to every service by air for the public carriage of passengers and of mail.. goods carried on by any person, subject to the following modifies- dons, that is to say:- (a) references to a tramway company shall be coustrued as ref orences to any suc'h person, (b) references to a tramway shall be construed as references to any such service, (c) references to carriage shall be oonst~'ued as references to aircraft, (ii) the references in the said section 2 to- the Railway and Canal Commisalon shall be construed as references to the Railway Tribunal. PART VIII. THE Co~p~y, SuBsxmAaY CoMPANIES AND A~ LINGUS, TEORANTA. soon as may be after the passing of this Act the Formation and Minister for Finance shall, after consultation with the Minister, registration of take all such steps as appear to him to be necessary or desirable 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 SaorstIt Eireann under the Companies Acts, 1908 to 1924. 69.~-.-.(1) The Minister for Finance may out of moneys provided Loan te Company by the Oireaehtaa 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 b. applied by the Compsn~ in or towarb paying the expenses of PAGENO="1220" 1210 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 n~ 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 shaH be paid into the Exchequer. 70.-No issue of the share capital of the Company (other than lest'. of share capital of the share capital issued to subscribers of the Memorandum ol ~mpany Association of the Company) shall b made at any tinLe, unless the Minister for Finance, after consultation with the Minister, has authorised such issue. 71.-The Minister for Finance may from time to time take up Acquisition of by subscription any class or classes of shares of the Company, but shares by .he 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 ~~of issue are not within a specified time taken up by the public, he will take up and pay for such shares or some specified proportion thereof. 73.-The Minister for Finance may. so long as he holds any of Powers of the the shares of the Company, exercise all or any of the rights and Minister for 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 I)owem by his attorney. 74.-(1) The Minister for Finance may hold for as long as he Powers of thinks fit any shares of the Oompany acquired by him under this Minister for Act and may as and wthen he thinks fit sell all or any of such ~ ifl respect of shaies ~S. 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- posed of for the benefit of the Exchequer in such manner as lie may direct. PAGENO="1221" AIR LAWS AXD TREATIES OF THE WORLD 1211 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~-(1) All moneys from time to time required by the Minister Advan~ of for Finance- money. out of the Central (a) to meet payments required to be made by ham to the Fund. Company in respect of any shares subscribed for or taken up by him under this Act, or (b) to meet sums whieh 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 borrow-ing 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 ez~penses incurred in connection with the issue of such securities ahall 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 aiiy man- ner in which anch 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 shall be repaid to the Central Fund out of moneys provided by the Oireachtaa. PAGENO="1222" 1212 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. ~h~er. 78.-Notwithstanding anything contained in the Companies Alteration of Memorandum and Acts, 1908 to 1924, no alteration in the Memorandum of Associa- ~i*ticl~ of tion or Articles of Association of the Company shall, so long A~ociation 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- 3ubaidies. 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 Eireann 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 Eireann 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 sucih order may be made after the expiration of five years from tihe 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 Corn- ~aa by the pany, the Company may, with the consent of the Minister for C?mpany to Aer Finance, lend to Aer Lingus, Teoranta, such sum as the Minister Lingus, Teoranta. for Finance shall certify to be sufficient to discharge any liabilities which Aer Lingua, Teoranta, may have incurred and are t iwn iinsatisfied. (2) The following provisions shall have effect in relation to the repayment of any sum lent by the Company to Aer Lingua, Teoranta, under this section, that is to say :- PAGENO="1223" AIR LAWS AND TREATIES OF THE WORLD 1213 (a) such sum shall be so repaid in such ,ne of the following ways as the Minister for Finance may direct, that is to say:- (i) by the issue of debentures of an amount equal to such stun, (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 &nd, 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 directa 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) Ea~eh 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 su~h accounting ~ to year duly audited by the aul&itor of such company, and also a ~1i:a?:18ter foi profit and loss account for the same accounting year similarly audited. (2) The balance sheet and pro~ftt 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 aa will disclose the nature of'smch essets enld) liabilities and the manner in w~hkh the value of the asseta was arrived at. (3) Each company to whi~c~h 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 fu'rnished pursuant to this section. (4) A copy of every balance sheet and pro~t and loss account furnished to the Minister for F9nance pursuant to this section PAGENO="1224" 1214 AIR LAWS AND TREATIES OF THE WORLD shall be laid by him before Dáil Eireann within one month after sucJi balance sheet and profit and loss account are so furnished to him. (5) Each company to which this section applies ~hal1 wthenever and so often as the Minister for Finance may require furnish to the said Minister such particulars as he may require in respect of the activities of such company. (6) The Company shall wthenever and so often as the Minister for Finance may require, furnish to the said Minister aueh par- ticulars (being particulars within the power, possession or pro- eurement of the Conipany) as be may require in relation to any undertaking (other than Aer liingus. Teoranta, or a subsidiary company) in whieh it may hold an interest. (7) If the Company. or Aer Lingua, Teoranta, or any subsidiary company makes default in complying with the obligations imposed on it by this section. the Company, or Aer Lingua, 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 exceethng five pounds for every day during which 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 he prosecuted by or at the suit of the Minister for Finance as prosecutor. 82.-(l) An inspector shall be entitled to enter the premises of Enspection of any company to which this section applies and inspect any books ~ of the or documents rn such premises. Company, Aer Lingus Teoranta (2) If any person- and subeidiary (a) impedes or obstructs an inspector in the exercise of any compafliec. of the powers conferred on an inspector by this section; or (b) fails to produce any such books or documents as afore- said; PAGENO="1225" AIR LAWS AND TREATIES OF THE WORLD 1215 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 Teoranta; (c) every subsidiary company. 83.-The Control of Manufactures Acts, 1932 and 1934, shaH Non-application not apply in respect of any act or thing done by the Company, of Control of Aer Lingus, Teoranta, or any subsidiary company. ~tanuftur~s1 1934. PART IX. RESTRICTION ON SERvICEs FOR INTERNAL CAJ~RIAaE BY Ant 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 Lingua, 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 continuing 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 l)y 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 Saor- stat Eireann. PAGENO="1226" 1216 AIR LAWS AND TREATIES OF THE WORLD PART X. CONTROL ~L) REGULATION OF CERTAIN CLASSES OF AVIATION BusiNEss. 85.-(1) In this Part of this Act- ~isjtioni ~or the expression " aviation (private hire) busin~" means the purpO~s of business of hiring out for reward aircraft, for the purpose of the ~ X. carriage of pas8engere 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 suth aircraft, irrespective uf the number of passengers or the quantity of goods to be car- nod; the expression" aviation (pleasure flights) business " means the business of giving for reward pleasure flights in aircraft begin- fling and ending, without landing in the course of the 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, an aviation (pleasure flights) business, and an aviation (instruction) business shall each constitute a separate class of aviation business. 86.-(1) Ph~e Minister may by order appoint a day to be the The appointed appointed day for the purposes of this Part of this Act. (lay 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.-(l) 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 Eireann any passenger or goods, unless- Part X applies (a) such person is the holder of a licence (in this Part of this ~ unlicensed persons. Act referred to as an aviation busmess licence) granted under this Part of this Act. authonising him to carry on such business, or (b) sniyh aircraft- (i) started its journey from a place outside Saorstát Ei*reann, and (ii) was privately chartered as a whole, and PAGENO="1227" AIR LAWS AND TREATIES OF THE WORLD 1217 (iii) does not, while in Saorstfit Eireann, carry for reward any passengers, other than some or all of the passengers it carried on its first landing in Saorstflt Eireann. (2) On and after the appointed day it shall not be lawful for any person, in the course of am aviation (pleasure flights) busi- ness carried on by him, to carry by air in Saorstát Eireann any Dassenger 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 ~hall 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 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. (4) Every person ~ho 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 fine 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 offence 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. PAGENO="1228" 1218 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 buaine~s licence. aviation business licence in respect of a particular class of aviation business the following provisions shall have effect, that is to say :- (~) 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 case, 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 ann operate to aviation business licence. authorise the person who is for the time being the licensee 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.-(l) Whenever the Minister grants an aviation business Attachment of licence, he may attaeb to such licence any conditions that he may conditions to think proper. and in particular, and without prejudice to the ~ business generality of the foregoing power, conditions as to all or any of 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 Amendment 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. licence. PAGENO="1229" AIR LAWS AND TREATIES OF THE WORLD 1219 (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. 93.-If any person who is the licensee under an aviation busi- Breach of ness licence fails, neglects, or refuses to observe or comply with conditions any of the conditions attached to such licence, such person shall attac!led to aviation business be guilty of an offence under this section and shall be liable on licence. 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 `ing which the offence is con- tinued. 94.-(l) Every aviation business licence ~hall specify the date Commencement on which it commences and every such licence shall commence on and duration of the date so specified. business (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.-(1) Every person who is the licensee under an aviation A~plication for business licence which is in force (whether by virtue of the original renewal of grant or of a renewal of such 1ieence~ may, within the prescribed aviation business time and while such licence continues so in force, apply to the licence. Minister for a renewal of such lieeiiee. (2) Every application for the renewal of an aviation business licence shall be made in the prescribed form and shall contain the prescribed particulars. PAGENO="1230" 1220 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 of aviation business licence. grounds, but on no other ground, that is to say :- (a) on the ground that in his opinion there was, during the currency of the licence or of the last renewal thereof, a breach of yr 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. 9Z.-Every renewal of an aviation business licence shall corn- Duration of mence 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 ot~ twelve months from the date on which it commenced. 98.-(l) The Minister may at any time revoke an aviation Revocation of business licence upon the application of the licensee thereunder. aviation businesi 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="1231" AIR LAWS AND TREATIES OF THE WORLD 1221 99.-(l) An aviation business licence shall not be transferable Tianifer of by the licensee thereunder or by operation of law to any other ~iatio~i }uiinesa 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.-Wihenever the licensee under an aviation business licence `~ of lioenaee 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 representative 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="1232" 1222 AIR LAWS AND TREATIES OF THE WORLD 1O1.-(1) Every person who applies under t1hi~ Part of this Act Furnishing of for a grant, renewal or transfer of an aviation business licence i ~m~1ou1 and shall, when required by the Minister so to do, furnish to the Minister all such information as the Minister may require for the g~nt renewal consideration of such application, and t'ransfer of aviation business (2) The Mrnister 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 itiformation or any veri~- 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.-(1) 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 authorising 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- ~~~bYd 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="1233" AIR LAWS AND TREATIES OF THE WORLD 1223 (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 conviction 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 CoNv~rIoN FOR THE UNIFICATION OF CERTAIN RULES RELATING TO INTERNATIONAL CARRIAGE BY Am. CHAPTER 1.-Sc -Defin~ü~ns. ARTICLE 1. (1) The present Convention shall apply to all international carriage of persons, luggage or goods performed hy 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. 39-T~7 O-65-vol. 1--7~S PAGENO="1234" 1224 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 ~t shall 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) 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. Ca~p~r~ 11.-Documents of 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 i~ue; (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 carri,er 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="1235" AIR LAWS AND TREATIES OF THE WORLD 1225 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.-Iiuggage 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 I 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; (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; (I) the number and weight of the packages; (g) the amount of the value declared in accordance with Article 22, paragraph (2); (lv) 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 affect 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 (d), (f) and (lv) above, the carrier shall not be entitled to avail himself of those provisions of the Convention which exclude or limiit his liability. PAGENO="1236" 1226 AIR LAWS AND TREATIES OF THE WORLD Section 3.-Air Co~nsign.nent 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 ruies of the present Convention subject to the provisions of Article 9. AWFICLE 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. (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. Awnci~ 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="1237" AIR LAWS AND TREATIES OF THE WORLD 1227 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; (Jv~ the number of the packages, the method of packing and the particular marks or numbers upon them; (~) the weight, the quantity and the volume or dimensions of the goods; (j) 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) 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="1238" 1228 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 of 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 t1~ 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. AwrIcL1B~ 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. Ai~nci~ 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 t~ 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="1239" AIR LAWS AND TREATIES OF THE WORLD 1229 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 prejudice 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 or 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 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 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. Awrici~ 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="1240" 1230 AIR LAWS AND TREATIES OF THE WORLD Ai~i'ici~ 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. Awrici~ 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 inforrna- 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.-Iriabi~iti, of the Carrier. Ai~ricI~F~ 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 landing ou-tside an aerodrome, in any place whatsoever. PAGENO="1241" AIR LAWS AND TREATIES OF THE WORLD 1231 (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 cdntract 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 ~y air. ARTICLE 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 thmage 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) Tn 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 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="1242" 1232 AIR LAWS AND TREATIES OF THE WORLD gram, unle~ 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. Ai~rIcLE 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. ARTIci~ 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="1243" AIR LAWS AND TREATIES OF THE WORLD 1233 (2) This right wifi 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. Aa'rici~ 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 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 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. PAGENO="1244" 1234 AIR LAWS AND TREATIES OF THE WORLD AwricLE 29. (I) The right to damages shall be barred 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~ 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. Cii~&~'r~ IV.-Provision~ reZaa~iazg to Contbine,d Camage. AI~TICLE 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="1245" AIR LAWS AND TREATIES OF THE WORLD 1235 (2) Nothing in the present 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, pro- vided that the provisions of the present Convention are observed as regards the carriage by air. CHAPTER V.-Genera~ a~d Fi,w2 ProviswM. 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 couflict 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. Ai~rIci4E 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="1246" 1236 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 oC the deposit of each ratification. Awricr.~ 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 ir~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 the party who shall have proceeded to denunciation. PAGENO="1247" AIR LAWS AND TREATIES OF THE WORLD 1237 Aai'ia~ 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 oil or any of h~ 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. secede 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 aeeordance* 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, t.he Commonwealth of Australia, the Union of South Africa, Greece, italy, Japan, Latvia, Luxembourg, Norway, the Netherlands, Poland, Roumania, Switzerland, Ozecho-Slovakia, the Union of Soviet Socialist Republics, :uid Yugoslavia.) PAGENO="1248" 1238 AIR LAWS AND TREATIES OF THE WORLD ADDITIONAL PROTOCOL. (With reference to Arti~cZe 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 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. [Same signatures a.s those to the Convention sho'wn. above.] SECOND SCHEDULE. Co~ITIoNs 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 buch 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 Lingua Teoranta and other air transport undertakings in which the Company has a controlling interest; (ii) the acquisition and holding of shares in Aer Lingua 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="1249" AIR LAWS AND TREATIES OF THE WORLD 1239 (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 .39-737 O-~5--vo1. 1-79 PAGENO="1250" PAGENO="1251" Number 10 of 1942. AIR NAVIGATION AND TRANSPORT (AMENDMENT) ACT, 1942. 1241 PAGENO="1252" 1242 AII~ 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="1253" AIR LAWS AND TREATIES OF THE WORLD 1243 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 Oireachtas.". 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="1254" PAGENO="1255" Number 23 of 1946. AIR NAVIGATION AND TRANSPORT ACT, 1946. 1245 PAGENO="1256" 1246 AIR LAWS AND TREATIES OF THE WORLD AIR NAVIGATION AND TRANSPORT ACT 1946 (No. 23) ARRANGEMENTS OF SECflONS. PART I. PEELIMrNABY AND GENERAL. Section. 1. Short title and collective citation. 2. Interpretation. 3. Application to State aircraft. 4. Saving for lighthouse authorities. 5. General provisions in relation to orders made by the Minister 6. Regulations and directions. 7. Expenses. PART II. PROVISIONS IN RELATION TO THE CHICAGO CONVXNTION. 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 Internatonal Civil Aviation Organisations. 16. Detention of aircraft. 17. Exemption in respect of infringement of patents, etc., by certain foreign aircraft. PAGENO="1257" AIR LAW~A AYD TREATIES OF THE WOR1J. 1247 PART Ill. MISCELLANEOUS AMENDh!ENTS OF THE PRINCIPAL ~: ~ Section. 18. Transfer to Minister of powers of Government und.~ ~iections 10, 11, 12 and 63 of the Principal Act, and coric~quential amendment of section 5 of the Principal Aot. 19. Amendment of section 79 of the Principal Ant. PART IV. PROVISIONS IN RELATION TO Axa RIANTA, TEORAF;.'~, 20. Definitions for purposes of Part IV. 21. Increase of capital of the Company. 22. Power of Minister for Finance to acquire new ~ihare~ by subscription and to underwrite issue of sha~-. 23. Provisions in respect of new shares held by the Mi~iister for Finance. 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 assoc~'i~ iiou of the Company. PART V. PRovIsIoNs IN RELATION TO ARE LINGUs, TEORAI~A. 28. Alteration of memorandum of association of Ae: Lingua. Teoranta. PAGENO="1258" 1248 AIR LAWS AND TREATIES OF THE WORLD AN ACT TO ENABLE EFFECT TO BE GIVEN TO THE CONVENTION ON INTERNATIONAL CIVIL AVIATION OPEN~ED FOR SIGNATURE AT CHICAGO 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 MATTERS AFORESAID. [31st July, 1946.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS :- PART I. PRELIMINARY ~ GENERAL. 1.-(1) This Act may be cited as the Air Navigation and Trans- Short title and port Act, 1946. coJiective 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- the expression "the Chicago Convention" means the Convention 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="1259" AIR LAWS AND TREATIES OF THE WORLD 1249 the expression "Irish aircraft" means aircraft registered in the Irish aircraft. State; the expression "the Minister" mean~ the Minister for Industry ~r1iniater. 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 Minister under this Act; the expression "the Principal Act" means the Air Navigation and Principal Act. * Transport Act, 1936 (No. 40 ~f 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 territory (including the State) shall, unless the context otherwise requires, be construed as including references to the territorial 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 hghthoii 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 P1'0V151o1ie ill aircraft wherever they may be. (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. PAGENO="1260" i'~Q A1!~ LV\V~ ~ND THEATIES OF THE WORLD (3) An order made by the Minister under this Act may authorise Minister to make regulations ~nd give directions for carrying t the purposes of such order in respect of such matters and as may be specified in such order. (4) An order made by the Minister under this Act may contain ~ incidental, supplementary and consequential provisions as ~ to the Minister to be necessary or expedient for the pur- p of such order. (a) The Minister may by order under this subsection revoke or amend any instrument to which this subsection applies. (h) This subsection applies to- (i) any order or regulations made under Part I of the Air Navigation Act, 1920, as adapted by or under subsequent enactments, which was continued in force by section 15 of ~e Principal Act and is in force immediately before the operative date, (iF' any order made by the Goverh,ment 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 ~vhich 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 Regulations and relatioL 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~ 7. -All expenses incurred by the Minister in the execution of this ~ .A~t nJii&J. to such extent as may be sanctioned by the Minister for Fip~,:~ce,, he ~`rid out of moneys provided by the Oireachtas. PAGENO="1261" AIR LAWS AXD TREA'I'IES OF THE WORLD 1251 PART II. PRovisIoNs IN RELATiON TO THE CHICAGO CON~ENTI0N. 8.-The Chicago Convention shall come into operation in the Corning into State on such day as the Minister may by order fix (which said operation of the order the Minister is hereby authorised 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 Lower to apply the provisions of the Chicago Convention for the time being in ~cago Convention to force, or any of them, and whether or not those provisions are ~ fl~'-ing. 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 are specified in such order shall apply to or in relation to any aircraft in or over the State. 1 1.-Without prejudice to the generality of the powers C911- Specii1 provisions ferred by sections 9 amid 10 of this Act the Minister may by order which ~nay be made by order made under either of the said sections make provision- of the Minister. (a) prescribing the authority by ivhich any of the powers exer- cisable under the Chicago Convention by a contractin~ 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- drornes in the inspection or supervision of aircraft; (c) as to the manner and conditions of the issue and rene\sI of any certificate or licence required by the order or by the Chicago Convention, including the examination and tests to be undergone, and the form, custody, produc- duction, cancellation, suspension, endorsement and surrender of any such certificate or licence; PAGENO="1262" 1252 AIR LAWS AND TREATIES OF THE WORLD (d) as to the registration of aircraft in the State; (a) 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 passengers 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 thc 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; (s) 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 jiecessary or convenient by regula- tions designed to promote 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. 12.-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 wheti made under this Part of this Act or enters or attempts to enter the State in contravention of any such order, the following pro- visions shall hare 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 1)0 prescribed by such order to be given, and PAGENO="1263" AIR LAWS AND TREATIES OF THE WORLD 1253 (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 use 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.-(1) If- Pec&ties. (a) an aircraft ifies 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 gr 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="1264" ]2~4 \TJ( LA\V~ AND TREATIES OF THE WORLD t-) In any prosecution of a person for an alleged contravention of or faiftre to comply with any instrument to which this section app~h~. it shall be a defence for such person to prove that such cont::~i~hon or failure was due to stress of weather or other unavoc~ah(e cause, ~tnd in any prosecution of the owner, hirer, pilot or commander of an aircraft for such alleged contravention or :H~h(rc ~t shall be a defence for such owner, hirer, pilot or corn mrnc~er to prove that such alleged contravention or failure ~ooh nlaee ~ithout his actual default or privity. (~ `hL~s scction applies to any instrument, being- :a~r~ order made by the Minister under this Part, or any regulation made or direction given under any such I. Fcc following provisions shall have effect in relation to Fees on certificates all I cns payable unaer this Part, that is to say- and Uconcee. (o; sucI~c fees shaH 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 (6) the Public Offices (Fees) Act, 1879, shall not apply in respect of such fees. l~-Anv sums required for the contribution from the State for Expenses of the orgar~ication and operations of- International Civil Aviation Qrganisations. (n) tho Provisional International Civil Aviation Organisation ret up under the Interim Agreement on International Pivil Aviation opened for signature at Chicago on the ~th day of December, 1944, or (h) the International Civil Aviation Organisation set up under the Chicago Convention, shall he icid by the Minister out of moneys provided by the Oireachtas (F Thc Minister may by order provide for the detention Detefltiofl of or aircraft ro secure compliance with the Chicago Convention or ai~raft. eccy order made under this Part or any regulation made or 4crerticn ~ ~nder any such order. PAGENO="1265" AIR LAWS AND TREATIES OF THE WORLD 1255 (2) The references, in sections 64 and 65 of the Principal Act, the Principal Act shall be construed as including references this Act. 17.-(1) Where- E~ption in respeotof (a) a foreign aircraft to which this section applies makes, ementa while engaged in international air navigation, an of patents, etc. authorised entry into the territory of the State or an by certain foreign authorised transit across such territory with or without 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, len, notwithstanding anything in the Act of 1927, no action or roceedings 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 modal duly granted or registered in the State, ~ien, notwithstanding anything contained in the Act of 1927, the ollowing provisions shall have effect- (i) no action or proceedings shall lie or be taken in respect of such storage, unless such spare parts or equipment are or is sold or distributed in the state or commercially exported from the State, (ii) no action 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 Lpply to any foreign aircraft to which this section applies which, vhile engaged in international air navigation, makes an authorised ntry into the territory of the State or an authorised tran~it across uch territory with or without landing. 39-737 O-~65----voI. 1-----SO PAGENO="1266" 1256 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 aparty 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. MIscEU~t~ouS AMENDMENTS OF THE 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 un& ~~ms~er. sections ~O, 11, 1~ (2) References in sections 10, 11, 12 and 63 of the Principal Aét to the Government shall, on and after the operative date, be C0fl and conaequenth strued as references to the Minister. dent 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.-Cl) 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="1267" AIR LAWS AND TREATIES OF THE WORLD 1257 (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 IN Rm~~1TIoN TO AER RIANTA, TEORANTA. 20.-In this Part- the expression "the Company" means Aer 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 ~~ew shares. issue of which is authorised under section 21 of this Act; the expression " old shares" means shares of the Company old shares. issued under the Principal Act. 21._(1y"Notwithstanding anything to the contrary contained Increase of in the Principal Act, or the memoranjum 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 authorise the directors to issue shares of one pound each ranking poiri 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 up by subscription any class or classes of the new shAres. 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 `Amended by Air Navigation and Transport Act, 1961, see znfra. PAGENO="1268" 1258 AIR LAWS AXD TREATIES OF THE WORLD are not within a specified time taken up by the publie, 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 ~SpO~~ of new they apply to old shares held by him. ~ the Financo. 24.-(1) All moneys from time to time requited 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.-(l) Paragraph 3 of the Second Schedule to the Principal Extension o~ Act is hereby amended by the substitution of the following sub- objecte of the paragraph for subparagraph (b), that is to say- Comp "(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="1269" AIR LAWS AND TREATIES OF THE WORLD 1259 (ii~i) 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 assistance 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, ~vith the approval of the Minister for Finance, given after consul- ation with the Minister, so alter its memorandum of association as to extend its objects in conformity with the amendment effected y subsectio~i (1) of this section. 26.-Paragraph 4 of the Second Schedule to the Principal Act ~~0h1 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.-(1) In addition to the alterations specificially authorised Alteration of by this Part to be made in the memorandum and articles of associa- niexnorandum and tion of the Company it shall be lawful for the Company to make aiticls of a~ociatio~ of the au such alterations in its memorandum and articles of association ~mpany. 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 o~f 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 o~ PAGENO="1270" 1260 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 association, 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 Axa 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 Lingua, Teoranta. thereof. PAGENO="1271" Number 4 of 1950. AIR NAVIGATION AND TRANSPORT ACT, 1950. 1261 PAGENO="1272" 1262 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 of offenees under the Principal Act, the Act of 1946 and this Act. 4. Repeals. PART II. MISCELLANEOUS AMENDMENTS OF THE PRINCIPAL ACT AND THE Ac'r 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 1946. PART III. VESTING OF CERTAIN LAND IN THE 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="1273" AIR LAWS AND TREATIES OF THE WORLD 1263 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 AIRCRAF1~ iN THE VICINITY OF AERODROIILES. 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 aerodroines. 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="1274" 1264 AIR LAWS AND TREATIES OF THE WORLD PART VI. PAYMENT OF SUBSIDIES TO AER RIANTA, TEORANTL Section. 25. Payment of subsidies to Aer Rianta, Teoranta. FIRST SCHEDULE. ENACTMENT R~iF~&iFD. SECOND SCHEDULE. THIRD SCHEDULE. PAGENO="1275" AIR LAWS AND TREATIES OF THE WORLD 1265 AN ACT TO AMEND AND EXT~END 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, 1950.1 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 Short title and Transport Act, 1950. coLlective cit&tioii~ (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 1946" means the Air Navigation and Act of 1946. Transport Act, 1946 (No. 23 of 1946); the expression "the Minister " means the Minister for Industry MiIIiN~. and Commerce; PAGENO="1276" 1266 AIR LAWS AND TREATIES OF THE WORLD the expr~ion " 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 contained in the Principal Act, the Act of 1946 or this Act may be prosecuted by or at the suit of the Minister as prosecutor. Proeecution of offencea under the Principal Aot, the Act of 1946 and thie Act. 4.-The enactment set out in column (2) of the First Schedule to this Act is hereby repealed to the extent specified in column (3) of the said Schedule, PART II. MIscmj~xous AM ~n~rs OF `rax PRINcIPAL Ac'r ~ti~n ~rn~ ACT oF 1946. Repeals. 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 bs acquired by agreement or compulsorily include and always included the establishment of an aerodrome. 7.-Section 37 of the Principal Act is hereby amended by the insertion, after the word" approaches "of the words " water supply works and watermaiñs, 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. PAGENO="1277" AIR LAWS AND TREATIES OF THE WORLD 1267 8.-(1) In this section the expression "water right" means a Entry on land, right of impounding, diverting or abstracting water. eto., compulsorily acquired under the Principal (2) At any tune after the Minister becomes entitled under sub- Act before section (1) of section 41 of the Principal Act to acquire compulsorily conveyance or any land or any water right or to use compulsorily any water right ~ of and before conveyance or ascertainment of compensation, the compensation. 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 land 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, (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 awarded 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 £10 so, or (b) exercise any water right under subsection (2) of this section without giving the owner thereof at least one PAGENO="1278" 1268 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 Construction of Convention shall be construed as including references to any references to Annex to the Chicago Convention relating to international ChICS.~o standards and recommended practices (being an Annex adopted in ~ accordance with the Chicago Convention) and any amendment of Act of 1940. any such Annex made in accordance with the Chicago Convention. PART III. VESTING OF CERTAIN r~m IN `rae Mn~Ts!rER AND PROVISIONS IN RELATION TO THAT AND OTHER LAND ACQUIRED BY TEE Mni~sTE1t. 1O.-(l) (a) On the passing of this Act, the lands described in Vesting in tiw' Part I of the Second Schedule to this Act (which Minist~~r of liandi said lands form part of Dublin Airport) shall, by described uit.be virtue of this subsection, vest in the Minister for ~ ~ 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 ~nd Snhcdule. Second Schedule to this Act PAGENO="1279" AIR LAWS AND TREATIES OF THE WORLD 1269 (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- aiices of land. (4) (a) Where any person is registered under the Registration of Title Aut, 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 under 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 and AppIi~tion 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 e 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 (a\ ~u it the Principal ` / ` Act and lands described in the (b) lease or let it, 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="1280" 1270 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 Minerals 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 AIRCRA~~ IN THE VICINITY OF AERODROMES. 13.-(1) (a) The Minister may cause to be erected, placed and Right of Ministe 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 isi tam and use such apparatus (including electric ~ ~ lines) as he considers necessary for the purpose of ~odmmes. 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="1281" AIR LAWS AND TREATIES OF THE WORLD 1271 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 fine 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) hi 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 scetion, 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.-(l) Whenever the Minister is of opinion that the unre- p~trictjoueon 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 aerodromee, 39-737 O-65-vol. 1-S1 PAGENO="1282" 1272 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, (h) 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, post, 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 Oiftgii~il and in such newspapers circulating in the area to which the order relates as the Minister thinks proper, (b) 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, (d5 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="1283" AIR LAWS AND TREATIES OF THE WORLD 1273 (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- (1) 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) If 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="1284" 1274 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 &EBODROMES. 15.-(l) In this Part- Defluitions for purpoee. of the expression "authorised officer "means a person being- Part V. autbori.ed (a) a member of the Garda SIochina, or officer. (b) any person belonging to a class authorised in writing by the Minister to exercise the powers conferred on authurised officers by sections 19 and 20 of this Act; the word "bye.laws "means bye-laws made under this Part ~ br-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 nero- Bye.lawe in drome, bye-laws for any one or more of the following purposes- relation to State aerodrome.. (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="1285" AIR LAWS AND TREATIES OF THE WORLD 1275 (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 smoking 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 prohibitioü 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 aerodroms, bye-laws for all or any of the following purposes- (a) fixing the places (in this section referred to as parking PAGENO="1286" 1276 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, (d) 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 aerodrome, 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, (d) 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="1287" AIR LAWS AND TREATIES OF THE WORLD 1277 Act) or any instrument made thereunder, then, the operatiQn 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:5 make bye-laws defining the duties of persons in command of air- dutire of persons craft which are for the time being on the ground in that State i~ command of aerodrome. aircraft which are for the time on the ground (2) If any person in command of an aircraft, which is for the in a State time being on the ground in a State aerodrome to which any bye- aerodrome. Jaw made under this section relates, contravenes 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. l8-Bye-laws in relation to a State aerocirome 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 at~thorised 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="1288" 1278 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, he 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 vehiolee, 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 the Court, to imprisonment for any term not exceeding six months. PAGENO="1289" AIR LAWS AND TREATIES OF THE WORLD 1279 22.-For the avoidance of doubts it is hereby declared that- State aerodrome to be a public (a) a State aerodrome is a public place for the purposes of place and roads any enactment* therein 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 ~ 1933 a road in a State aerodrome. 23.-For the purposes of the management of Dublin Airport, management of Aer Rianta, Teoranta, may, unless and until the Minister other- Dublin Aiiport. 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 aerodrorne. (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 any 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 80 sold. PART VI. PAYMENT OF SUBSIDIES TO Axa RIANTA, TEORANTA. 25.-(1) (a) The Minister for Finance may from time to time Payment of by order authorise the payment of subsidies to Aer suls dies to Rianta, Teoranta, on such terms and conditions as Aor Rianta, may be specified in the order but no such order may 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="1290" 1280 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 befora 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. ~ 4 ENACTMENT REPEALED. Number and Year (1) Short title (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. Section. 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 O'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="1291" AIR LAWS AND TREATIES OF THE WORLD 1281 North Dublin Rural District Council for the purpose of the Labourers (Ircland~ 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 se "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 Barcuy of Coolock and County of Dublin ", (c) that part of the originally demised la'~ds 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 Thoee 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 Coolock 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 Nethercross 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. PAGENO="1292" 1282 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. ~tjo~~ 11 a~d 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. R. & 0., No. 74 of 1944), which said lands are described in the first- mentioned Order as " All that portion of the former Monteagle Arms Hotel premises situate in the townland of Foynes, barony of Shanid and County of Limerick, being part of the lands registered in Folio 2910 of the Register County Limerick and corn- 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="1293" Number 1 of 1959. AIR NAVIGATION AND TRANSPORT ACT, `959. 1283 PAGENO="1294" 1284 AIR LAWS AND TREATIES OF THE WORLD ARRANGEMENT OF SECTIONS. PART I. PRELIMINARY ~D GE1~&i~. Section. 1. Short title and collective citation. 2. Commencement. 3. Interpretation. PART II. AMENDMENTS OF THE PRINcrPAI~ 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 TUE 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. ~. Amendment of section 20 of the Principal Act. SCHEDULE. PAGENO="1295" AIR LAWS AND TREATIES OF THE WORLD 1285 AIR NAVIGATION AND TRANSPORT ACE, 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 2STH 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 12TH 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. PRELIMINARY 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 d~v ~ shall be fixed for that purpose by order of the Government. PAGENO="1296" 1286 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. Ai~c~~tm~rs OF THE Psm~cn'4u~ Ac'r. 4.-(1) The following clause shall be substituted for clause (ii) Amendment of of paragraph (b) of section 18 of the Principal Act- "(ii) in deducing any relationship- Act. (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 not 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 Act. 5.-The First Schedule to the Principal Act is hereby amended Amendment of in the following respects- (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="1297" AIR LAWS AND TREATIES OF THE WORLD 1287 (c) the word "cargo" shall be substituted for the word "goods "wherever the latter word occurs, (d) the ~xpression "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 ~o the Warsaw Convention. Part III. 7.-(1) The provisions of the 1955 Protocol to the Warsaw 1955 Protocol to Convention as set out ~n the Schedule to this Act shall have the th~ Warsaw Convention to force of law in the State, and the following provisions of the have the force Principal Act, namely section 18 (as amended by section 4 of of law in the this Act) and th~ First Schedule (as amended by section 5 of this State. 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. CARRIAGE BY AIR WHICH IS NOT INTERNATIONAL. 8.-In section 20 of the Principal Act- Am~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 .A~ 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. 39-73'T O-~5--vo1. 1-82 PAGENO="1298" PAGENO="1299" Number29of 1959. AIR NAVIGATION AND TRANSPORT (No. 2) ACT, i95~. 1289 PAGENO="1300" 1290 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="1301" AIR LAWS AND TREATIES OF THE WORLD 1291 NAVIGATION AND TRANSPORT (No. 2) ACF, 1959. N 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 ormed in pursuance of section 68 of the Principal Act; `the Principal Act" means the Air Navigation and Transport 1936, No. 40. ct, 1936. 2.-Subsection (1) of section 21 of the Air Navigation and Increase of ransport Act 1946, is hereby amended by the substitution of capital of `£10,000,000 (ten million pounds) divided into ten million shares t'he Company. f one pound each "for "£2,000,000 (two million pounds) divided 1946, No. ~. *nto two million shares of one pound each ", and any reference in art IV of that Act to the said section 21 shall be construed as ~nc1uding a reference to that section as amended by this section. 3.-The power to give guarantees with respect -to debentures Restriction on ued by the Company which is conferred on the Minister for State guarantee of debentures Finance by section 75 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="1302" PAGENO="1303" Number 36 of 1959. SHANNON FREE AIRPORT DEVELOPMENT COMPANY LIMITED ACT 1959 (No. 36) 1293 PAGENO="1304" 1294 AIR LAWS AND TREATIES OF THE WORLD ARRANGEMKNT OF SECTIONS. Section. 1. Definitions. 2. Power to Minister for Finance to take up shares 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 Tionsoal. 12. Expenses. 13. Short title. SCHEDULE. PROVISIONS HAVING EFFECT SO LONG AS TEE MINISTER FOR FINANCE HOLDS ANY SEABES OF THE COMPANY OR &WY MONEYS BORROWED BY TEE COMPANY THE DUE REPAYMENT OF WHICH IS GUARANTEED BY THAT MINISTER HAVE NOT BEEN REPAID OR ANY MONEYS PAID BY THE MINISTER U1~DER A GUARANTEE HAVE NOT BEEN REPAID TO ElM BY OR BECOVEBED BY ~i FROM THE COMPANY. PAGENO="1305" AIR LAWS AND TREATIES OF THE WORLD 1295 [ANNON FREE AIRPORT DEVELOPMENT COMPANY LIMITED ACE, 1959.* ~ ACT TO AUTHORISE THE MINISTER FOR FINANCE TO TAKE UP SHARES OF THE SHANNON FREE AIRPORT DEVELOPMENT COMPANY LIMITED, TO PROVIDE 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 OIREACHPAS AS FOLLOWS l.-In this Act- Definitions. he airport" means the entire area within the outer margin of e red line marked ABCDEFG on the map annexed to the Customs. ee Airport (Variation of Limits) Order, 1958, but, where, after 8.1. 1958. No. 258. e passing of this Act, any order is made under section 2 of the ustoms-Free Airport Act, 1947, altering that area and is for the 1947, No. 5. ne being in force, means that area as so altered; the Company" means the Shannon Free Airport Development mpany Limited; the Minister" means the Minister for Transport and Power. 2.-The Minister for Finance may from time to time take up Power to Minister y subscription any class or classes of shares of the Company and to amounts, not exceeding in the aggregate one and one-half of the Compasy. dillon pounds, which may be subscribed under this section shall ~ determined by the Minister for Finance after consultation with ie Minister. `The ofllc*al transiatioc of this Act is printed opposite. PAGENO="1306" 1296 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 Company in respect of any shares taken up 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 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 sal thinks fit any shares of the Company taken up by him under this ~ ~MIW5~ar Act and may, as and when he thinks fit, sell all or any of such ~ 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 Com- Exemise by tbi pany, he may exercise a right or power exercisable by the holder ~I~~er for. of the shares and, where the right or power is exercisable by or po'r attorney, he may, if he so thinks proper, exercise it by his attorney, exercisable by holder of thazes 6.-All dividends, bonus and other moneys received by the Minister for Finance in respect of shares of the Company held by on~iiares held him shall be paid into or disposed of for the benefit of the by the MiniM Exchequer. for Finance. 7.-Section 112 of the Stamp Act 1891, shall not operate so as Exemption fron to require the Company to deliver to the Registrar of Joint ~ stamp duty. Companies any statement or to pay any stamp duty under that 1891, o.39. section in respect of any increase of the capital of the Company. PAGENO="1307" AIR LAWS AND TREATIES OF THE WORLD ~297 8.-(1) The Minister, with the consent of the Minister for e~~e to the inance, may, out of moneys provided by the Oireachtaa, make Company. ~ants 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 ot exceed five hundred thousand pounds. 9.-(1) Where a grant is made by the Company for the pro- Reetriction on ision of machinery and equipment in connection with any indus- ~ial or commercial enterprise at the airport, the amount of the the Company. rant shall not exceed one-half of the cost of the machinery and iuipment. (2) Where a grant is made by the Company for the training of orkers for the purpose of any industrial or commercial enter- rise at the airport, the amount of the grant shall not exceed the ctual amount of wages paid to such workers during the period f their training, together with, in the case of workers trained utside the State, the amount of their travelling and subsistence xpenses. 10.-The provisions of the Schedule to this Act shall have effect Provisiona having long as- effect in oertain circumatancee. (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 19M, No. 9. the State Guarantees Act, 1954 (Amendment of Schedule) Order, 1959, have not been repaid, or 8.1. 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 Corn- pany by him. PAGENO="1308" 1298 AIR LAWS AND TREATIES OF THE WORLD 11.-After the passing of this Act, An Foras Tionscal shall not ~ Ofl make a grant in respect of the establishment, development or maintenance of an industrial undertaking at the airport. Tionsoal. 12.-The expenses incurred by the Minister in the administration ~xpenaee. 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 ~ MINISTER FOR FINANCE HOLDS ANY SHARES OF !rni CoMPANY OR ANY MONEYS BORROWED BY THE Co~tp~ THE DUE REPAYMENT OF WHICH IS GUARANTEED BY THAT MINISrEIt HAVE NOT BEEN REPAID OR ANY MONEYS PAID BY THE Mnqisi'sa UNDER A GUARANTEE HAVE NOT BEEN REPAID TO HIM BY OR RECOVERED BY 5TH FROM THE COMPANY. 1. Notwithstanding anything contained in the Companies Acts, ~°`~ 1908 to 1959, or in the memorandum or articles of association of memorandum the Company, an alteration in the said memorandum Or articles and artiolea of shall not be valid or effectual unless made with the previous oolatboiL 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 Aoo~nte and by the Minister, with the concurrence of the Minister for Finance, 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- nutted 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 Oireachtas. PAGENO="1309" AIR LAWS AND TREATIES OF THE WORLD 1299 3. (1) The Company shall, in each year, at such date as the AnnUel report. linister may direct, make a report to the Minister of its activities uring the preceding year and the Minister shall cause copies of ~ie report to be laid before each House of the Oireachtas. (2) Whenever the Minister so directs, such annual report shall iso include information on such particular aspects of the Corn- any's activities under this Act as the Minister may specify. 4. (1) Where a director of the Company is nominated either as Membership of candidate for election to either House of the Oireachtas or ~ either House of the Oireaohtaa by member of Seanad ~ireann, he shall thereupon cease to be a directors, officers [irector of the Company. servants of the Company. (2) Where a person who is either an officer or a servant in the mployment of the Company becomes a member of either House f 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 payment 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- (i) the seeondment 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="1310" 1300 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 case may be, PAGENO="1311" AIR LAWS AND TREATIES OF THE WORLD 1301 (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 corn- mencement of the secondment period. (3) Ii 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="1312" 1302 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- Rest,iotion on annuation benefits to or in respect of the officers or servants of the ~ of superannuation Company shall not be valid unless made with the consent of the .oheu~. Minister given with the concurrence of the Minister for Finance. PAGENO="1313" ~Tumber 25 of 1961. AIR NAVIGATION AND TRANSPORT ACT, 1961. 1303 39-731 0-65--vol. 1-S3 PAGENO="1314" 1304 AIR LAWS AND TREATIES OF THE WORLD ARRANGEMENT OF SECTIONS. Section. 1. Interpretation. 2. Increase of capital of the Company. 3. Advances to the Company out of the Central Fund. 4. Provision of money for advances to the Company out of the Central Fund. 5. Payment of interest on repayable advances. 6. Repayment of repayable advances. 7. Short title and collective citation. PAGENO="1315" AIR LAWS AND TREATIES OF THE WORLD 1305 Number 25 of 1961. AIR NAVIGATION AND TRANSPORT AC!, 1961. AN ACT TO AMEND AND EXTEND THE AIR NAVIGATION AND TRANSPORT ACTS, 1936 TO 1959. [3rd August, 1961.] 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 Air Navigation and Transport Act, 1936; 1936, No. 40. "the Minister" means the Minister for Transport and Power. 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 "£13,000,000 (thirteen million pounds) divided into thirteen ~ ~ million shares of one pound each " for " £10,000,000 (ten million pounds) divided into ten million shares of one pound each" (inserted by the Air Navigation and Transport (No. 2) Act, 1959), 1959, No. 29. 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.-(1) For the purpose of enabling the Company to perform its Advances to the functions, the Minister for Finance may, on the recommendation Company out of the Central Fund of the Mmister, advance from time to time to the Company, out of the Central Fund or the growing produce thereof, such sums (not exceeding in the aggregate one million pounds) as the Com- pany may from time to time request. 5'jle official translation of this Act is printed opposite. PAGENO="1316" 1306 AIR LAWS AND TREATIES OF THE WORLD (2) The sums advanced under this section shall be expended by the Company solely for the purpose of the functions of the Company. (3) The sums advanced under this section shall be repayable with interest in accordance with the subsequent provisions of this Act. 4.-(1) The Minister for Finance may, for the purpose of pro- Provision of viding for the advance of sums out of the Central Fund under ~ ~ section 3 of this Act borrow on the security of the Central Fund Company out of or the growing produce thereof such sums as shall be required for the Central Fun( that purpose, and the Minister for Finance may, for the purposes of such borrowing, 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 all moneys so borrowed into the Exchequer. (2) The principal of and interest on all securities issued under this section and the expenses incurred in connection with the issue of the securities shall be charged on and payable out of the Central Fund or the growing produce thereof. 5.-cl) The Company shall pay to the Minister for Finance on Payment of every sum advanced to the Company out of the Central Fund under interest on section 3 of this Act interest from the date of the advance of the ~aC~ sum until the sum is repaid at such rate as shall from time to time be appointed by the Minister for Finance in respect of the sum, and the interest shall be paid by half-yearly payments on such days in every year as the Minister for Finance shall from time to time appoint. (2) If the Company fails to pay to the Minister for Finance any interest payable by it under this section at the time appointed in that behalf under this section, the Company shall pay to the Mini- ster for Finance interest at the rate appointed by the said Minister on the interest so unpaid from the time appointed as aforesaid until the unpaid interest is paid. (3) All interest paid to the Minister for Finance by the Com- pany under 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. PAGENO="1317" AIR LAWS AND TREATIES OF THE WORLD 1307 6.-(1) For the purpose of providing for the repayment by the Repayrn1ent of Company of the advances made to it out of the Central Fund ~a~es. under section 3 of this Act, the Company shall make to the Minister for Finance half-yearly payments commencing on such date, and continuing for such number of years and bemg of such amounts and payable at such times as the Minister for Finance, after con- sultation with the Minister, shall appoint, and different dates, numbers of years, amounts, and times may be so appointed in respect of different portions of the advances. (2) The several half-yearly payments to be made to the Minister for Finance by the Company under this section shall be applied by the said Minister as sinking funds for the repayment of the several portions of the advances in respect of which the half- yearly payments are made and when the Company has paid to the said Minister the full number of half-yearly payments appointed under this section in respect of any portion of the advances (together with any interest which may have become payable under this section in respect of any of the half-yearly payments) that portion of the advances shall be deemed to be fully repaid by the Company, without prejudice to the liability of the Company for any interest then unpaid in respect of that portion of thc advances. (3) If the Company fails to pay to the Minister for Finance ally half-yearly payment or portion of a half-yearly payment pay- able by it to the said Minister under this section at the time apl)Oiflted in that behalf under this section, the Company shall pay to the said Minister on the half-yearly payment or portion of a half-yearly payment interest at such rate as shall from time to time be appointed by the said Minister in respect thereof from the time appointed as aforesaid until the payment or portion is paid. (4) All moneys paid by the Company to the Miiiister for Finance under this section in repayment of advances shall be paid into the Exchequer. (5) All sums l)aid by the Company to the Minister for Finance under this section on foot of interest shall be paid into or dis- posed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct. 7.- (1) This Act may he cited as the Air ~`\av1cation and Trans- Short title and port Act. 1961. collective citation. (2) The Air Navigation and Transport Acts, 1936 to 1959, and this Act may be cited together as the Air Navigation and Trans- port Acts, 1936 to 1961. PAGENO="1318" PAGENO="1319" Number 31 of 1961 SHANNON FREE AIRPORT DEVEL- OPMENT COMPANY LIMITED (AMENDMENT) ACT, 1961. 1309 PAGENO="1320" 1310 AIR LAWS AND TREATIES OF THE WORLD ARRANGEMENT OF SECTIONS. Section. 1. Interpretation. 2. Amendment of section 2 of the Principal Act. 3. Amendment of section S of the Principal Act. 4. Advances to the Company out of the Central Fund. 5. Provision of moneys for advances out of the Central Fund. 6. Payment of interest on advances. 7. Repayment of advances. 8. Short title and collective citation. PAGENO="1321" AIR LAWS AND TREATIF:S OF THE WORLD 1311 Number 31 of 1961. SHANNON FREE AIRPORT D[\ELOPMENT COMPANY LIMITED (AMENDMENT) ACT, 1961.* AN ACT TO AMEND AND EXTEND THE SHANNON FREE AIRPORT DEVELOPMENT COMPANY LIMITED ACT. 1959. [9th Augost. 1961. BE IT ENACTEI) BY THE OIREACIITAS AS FOLLOWS I .-( 1) In this Act- interpretation. the Principal Act `` means the Shannon Free Airport Develop- 1959, No. 36. ment Company Limited Act, 1959; the Housing Acts `` means the Housing (Financial and Mis- cellaneous Provisions) Acts, 1932 to 1960; the Minister `` means the Minister for Transport and Power. (2) This Act shall be construed as one with the Principal Art. 2.-So much of section 2 of the Principal Ait as provides that Ameniiment of the aggregate of the amounts which the Minister for Finance may seetion 2 of the subscribe under that section in taking up shares of the Shannon Principal Act. Free Airport Development Company Limitel hereinafter called the Company) shall not exceed one and one-half million pounds is hereby repealed, and, in lieu thereof, it is hereby enacted that the aggregate of the amounts so suhserihed shall not exceed three million pounds. *TIle official tran~1atioi ot this ACt is i iited opliosite. PAGENO="1322" 1312 AIR LAWS AND TREATIES OF THE WORLD 3.-Subsection (2) of section 8 of the Principal Act is hereby Amenthnent of repealed, and in lieu thereof, it is hereby enacted that the aggregate r'~"~ of the amount of grants to be made to the Company under that section shall not exceed one million and two hundred and fifty thousand pounds. 4.-(1) Time Minister for Finance may from time to time, subject Advances to the Company out of to the provisions of this section, make advances to the Company the Central Fund out of the Central Fund or the growing produce thereof to meet one-half of the expenditure by the Company on the provision of dwellings for workers employed on the industrial estate established at the airport. (2) For the purposes of this section the amount of the expendi- ture of the Company on the provision of workers' dwellings shall be calculated after deduction of the amount of any grants received by the Company under the Housing Acts in respect of the pro- vision of such dwellings. (3) The aggregate amount of advances under this section shall not exceed four hundred thousand pounds. 5.-Subsections (2) and (3) of section 3 of the Principal Act Provision of shall apply to the provision of moneys for the sums advanced out moneys for advances out of of the Central Ii und under the immediately preceding section of the Central Fund. this Act as they apply to the provision of moneys for the sums advanced out of the Central Fund under subsection (1) of the said section 3 of the Principal Act. 6.-(1 The Company shall pay to the Minister for Finance on Payment of every sum advanced to the Company out of the Central Fund interest on under section 4 of this Act interest from the date of the advance advances. of the sum uiitil the sum is repaid at such rate as shall from time to time be appointed by the Minister for Finance in respect of the sum, and the interest shall be so l)aid by half-yearly payments on such days in every year as the Minister for Finance shall from time to time appoint. (2 If the Company fails to pay to the Minister for Finance any interest payable by it under this section at the time appointed in that behalf under this section. the Company shall pay to the Minister for Finance interest at the rate appointed by the said Minister on the imitemest so unpaid from the time appointed as aforesaid until the unpaid interest is paid. PAGENO="1323" AIR LAWS AND TREATIES OF THE WORLD 1313 (3) All interest paid to the Minister for Finance by the Coin- pany under 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. 7.-(1) For the purpose of providing for the repayment by the Repayment of Company of the advances made to it out of the Central Fund advances. under section 4 of this Act, the Company shall make to the Minister for Finance half-yearly payments commencing on such date, and continuing for such number of years and being of such amounts and payable at such times as the Minister for Finance, after consultation with the Minister, shall appoint, and different dates, numbers of years, amounts, and times may be so appointed in respect of different portions of the advances. (2) The several half-yearly payments to be made to the Minister for Finance by the Company under this section shall be applied by the said Minister as sinking funds for the repayment of the several portions of the advances in respect of which the half- yearly payments are made and when the Company has paid to the said Minister the full number of half-yearly payments appointed under this section in respect of any portion of the advances (together with any interest which may have become payable under this section in respect of any of the half-yearly payments) that portion of the advances shall be deemed to be fully repaid by the Company, without prejudice to the liability of the Company for any interest then unpaid in respect of that portion of the advances. (3) If the Company fails to pay to the Minister for Finance any half-yearly payment or portion of a half-yearly payment payable by it to the said Minister under this section at the time appointed in that behalf under this section, the Company shall pay to the said Minister on the half-yearly payment or portion of a half-yearly payment interest at such rate as shall from time to time be appointed by the said Minister in respect thereof from the time appointed as aforesaid until the payment or portion is paid. (4) All moneys paid by the Company to the Minister for Finance under this section in repayment of advances shall be paid into the Exchequer. (5) All sums paid by the Company to the Minister for Finance under this section on foot of interest shall be paid into or dis- posed of for the benefit of the Exchequer in such tnanner as the Minister for Finance may direct. PAGENO="1324" 1314 AIR LAWS AXD TREATIES OF THE WORLD 8.---~l this Act may be cited as the Shannon Free Airport Short tiOe ari 1)evelopinent Company Limited (Amendment) Act, 1961. cOI1JCt.vC ct~t1o (2, The Principal Act and this Act may be cited together as the Shannon Free Airport Development Company Limited Acts, 1959 and 1961. PAGENO="1325" 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 the Civil 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 tColonies, 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 a.nd 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 t.he 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 Direc.tor 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). 1315 PAGENO="1326" 1316 AIR LAWS AND TREATIES OF THE WORLD No.14 AIR NAVIGATION (AMEND~ENT) LAW, 5710-1950 1. The Air Navigation (Colonies, Protectorates and Mandated Territories) Order, Change of 1927'), shall henceforward be referred to, and that title, wherever appearing, shall titiS. henceforward be read, as "the Air Navigation Law, 1927". 2. The Air Navigation Law, 1927, shall be amended a. follow.: Amendment of Air (a) The expression "Order" shall, wherever Ippeanug, be replaced by the ~vIg~tIon expression "Law". W~ 199?, (b) Tht words "British aircraft" or "British aircraft registered in the Co!. coy" shall, wherever appearing, be replaced by the words "Israel aircraft". (a) The words "a licensed aerodrome, a Royal Air Force aerodroine, an earn. 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", (a) Subparagraph (b) of article 8 shall be replaced. by the following sub. paragraph: "(b)to all foreign aircraft when such aircraft are in or over the State;~"- (/) In irticle 5 - (1) condition (iv) specified in paragraph (1) shall be deleted; (2) proviso (a) shall be replaced by the following proviso: "(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, so long as the conditions of the convention are complied with by such state.". (g) Articles 6, 8, 8A, 8B and? shall be repealed. (Ji) The foLlowing~ article shall be inserted after article 7: `Plaee 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 aerodrome for the category of aircraft to which such aircraft belongs.", (I) The word "licensed" in proviso (IJI) to article 10(2) ihall be deleted, (j) Article 19 shall b. replaced by the fbllowing article: `Prohlbltsd 19. A foreign aircraft Or an aircraft engaged 4n International carriage, navigation shall not carp explosives of war, arms of war, or munitions of war, except:for use in signalling in accordance with the provisions of Schedule1 IV.". (Ji) Article 22A shall be repealed. * Pa.s.d by lCnesset on the 13th hbevat, 5110 (31st January, 1950) and pub- lished In 8.1ev Ha-Ch*k1dv4 No. S'S of the 19th Shevat, 5710 j6$h February, 1950) p. 73; the Bill and an Bzplan&tory Note were published In Hatse'ot CJJ. No. U of the 20th XIslev, 5710 (11th Deoember, 1949) p. 31. 1) Laws `I Pstestlwe vol. III, p. 2411 (BngUsh ZdIUcn)' PAGENO="1327" AIR LAWS AND TREATIES OF THE WORLD 1317 (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) spa- cified ii 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. (R) In article 81(1) - (1) the deftuition of "Aerodroine" shall be replaced by the following deñnition: "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 aerodrorne" and "Licensed aero- drome" shall be deleted. (o) In Schedule I - (1) paragl-aph 1 shall be replaced by the following paragraph: "1. The Minister of Communications may establish a Registry of Aircraft and may appoint an officer 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 o? 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 the 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="1328" 1318 AlE LAWS AYD 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 ihe purposes of this paragraph, means a person who has been a permanent resident of the State since the 5th lyar, 5708 (14th May, 1948) or whQ entered the State legally after the ssid date and has on the date of submission of his applics. tion been a permanent resident of the State for at least three months."; (3) in the fourth paragraph - (i) the words `the Secretary of State for Air" shall, wherever appear ing, he replaced by the words "the Minister of Communications"; (ii) subparagraph (2) ~hall 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 bi~ discretion order or prohibit registration."; (4) paragraphs 5 end `9 shall be repealed; (5) in the tenth paragraph, the words "the Air Ministry" s~aIl b~i 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" and 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- miinications 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"; (3) paragraph 3 shall be repeated. (q) In Schedule V, the words `in any othei' part of Hi~ Majesty's domimons or" in paragraph 2(1)(b) ,hall be deleted. PAGENO="1329" ITALY PRELIMINARY INTRODUCTION The present air law of Italy, although amended and purged of "corporative norms" after the fall of Fascism, is still an integral part of the general Code of Navigation enacted in 1942. It forms the Second Part of this Code; while Part Three contains criminal and disciplinary provisions, and Part Four comprises additional and tran- sitory provisions, both also contain provisions dealing with the law of the air, and maritime and inland navigation. Moreover, whenever the provisions on air law do not sufficiently or entirely cover certain fields of law as, for instance., insurance, mortgages and the like, the. provi- sions of the maritime law are referred to as applicable. Thus, even though there is no complete fusion of the several branches of laws, a superimposition and intermixture of one. field of law with several oth- ers was the result. The Code shows the effect. of this attempt. of com- bining all fields dealing with navigation. This expediency w-as also due to the fact that, when the Code of Navigation was being prepared, Italian maritime law was a somewhat. neglected branch of the law. Maritime law nas still based on the Merchant. Marine Code of 1877, the Second Book of the Code of Com- merce., and on a. number of special enact ments which could not effec- I ivel cope w-itli the. great changes and the evolution of technology whic.h brought Italy into the group of major sea powers of the world. Air navigation was governed by the. fairly recent Law of 1923 and the Regulations of 1925. After many years of study in this direction, Antonio Scialoja. a note.d legal scholar, produced a compilation of draft. laws in matters of sea, inland and air navigation, not, only to fill the gaps, but to mark achievements worthy of the gre.at Italian tradition in the field of legal science. The Code of Navigation, enacted in 1942, not only established a `unitary" system but. was intended to open the doors to a further 1)1~oc- ess of unification of the various subjects. However, this unification faced the opposition of mans- Italian scholars who objected to the attempt of uniting such a vast and varied area of law. part icularly since air law and maritime law were not regarded as two ~uhdivision~ of the same. subject. In view of technological developments, this seems even more true today. 1319 :i9-7:~T O~-fl5---vo1. 1----54 PAGENO="1330" 1320 AIR LAWS AND TREATIES OF THE WORLD ITALIAN CODE OF NAVIGATION 1 GENERAL PRovIsIoNs Art. 1. (Sources of navigation law.) In navigation, whether mari- time, on land and in the air, this Code, the laws, regulations and cor- porative norms 2 and the customs related to it, shall apply. In the absence of legal provisions on navigation and of any provi- sions which may apply by analogy the [provisions of] the civil law shall apply. Art. ~. (Territorial waters.) Gulfs, bays and coves whose shores are part of the territory of the Kingdom shall be subject to the sov- ereignty of the State when the distance between the extreme points of the opening of the bay, gulf or cove does not exceed twenty nautical miles. If such distance is greater than twenty nautical miles only that portion of the gulf, bay or cove comprised within said twenty miles shall be subject to the sovereignty of the State. The area of the sea along the continental and insular shores up to six nautical miles at sea and along the straight lines joining the extreme points as indicated in the previous paragraph shall also be subject to the soverei~-nty of the State. The various provisions established for certain purposes by laws, regulations and international conventions shall be an exception. Art. 3. (Air space subject to sovereignty of the State.) The air- space over the territory and territorial waters of the Kingdom shall be subject to the sovereignty of the State. A'rt. 4. (Italian ships and aircraft in localities not subject to the sov- ereignty of any State.) Italian ships on the high seas and Italian aircraft in a. place or airspace not subject to the sovereignty of any state shall be considered as [being in] Italian territory. Art. 5. (Law regulating acts performed aboard ships and aircraft in navigation.) Act occurring aboard ship or aircraft during navi- gation in places and in the airspaces subject to the sovereignty of a foreign state shall be regulated by the national law of the ship or air- craft in all those cases in which, in application of the laws in general, the law of the place where the act was performed or the fact occurred, should apply. The provisions of the preceding paragraph shall apply to acts per- formed aboard a ship or aircraft of foreign nationality during the course of navigation in places or in the airspace subject to the soy- Italian Code of Navigation (including Air Navigation) as approved by Royal Decree No. 327 on March 30, 1942 with amendments up to 1961 in: a. La Libreria dello Stato. Codice Delta Navigazione, Roma 1959 b. Gazzetta Ufficiale (Official Gazette) 1960-1961. 2 With the fall of Italian Fas~ism in 1943 the Corporative System and its norms were abolished first by Royal Decree N.721, August 3, 1943, which suppressed the State organs issuing such rules and later, after the defeat of Ita1y in World War II, by virtue of Decree No. 369 it was done with the remainder of the Fascist state organization. The Civil Code and the Code of Civil Procedure and other laws there incorporated as amended deal with the matter on such specific points. (Franchi-Feroci-Ferrari. Quattro Codiri. Edit. Hoepli, Milano. 1960.) 3 With deliberation of the Constituent Assembly, 1947, Italy from Kingdom became a Republic. Therefore, whenever the word "Kingdom' appears, read "Republic." And whenever King.Emperor" or the King," appears, read "the President of Italian Republic." PAGENO="1331" AIR LAWS AND TREATIES OF THE WORLD 1321 ereignty of the Italian State provided there is reciprocity with the State to which the ship or aircraft belongs. Art. 6. (Law regulating real rights [in rein] and mortgages on ships and aircraft.) Property or other real rights, and mortgages on ships and aircraft, as well as the forms of publication of the acts establish- ing these rights, the transfer and extinction of such rights, shall be regulated by the national law of the ship or aircraft. Art. 7. (Law regulating liability of the shipowner and operator.) The liability of a shipowner or operator of an aircraft for the actions of the crew shall be regulated by the national law of the ship or aircraft. The same law shall regulate the legal limits of the total amount of debts or liability of a shipowner or operator for obligations assumed by them personally. Art. 8. (Law regulating the powers and duties of a captain.) The powers, duties and other attributes of the captain of a ship or aircraft shall be regulated by the national law of the ship or aircraft. Art. 9. (Law regulating the employment contract.) The employ- ment contracts of seamen, personnel of inland navigation, and flight personnel shall be regulated by the national law of the ship or air- craft unless otherwise agreed upon by the parties if the ship or aircraft is of foreign nationality. Art. 10. (Law regulating charter contracts of ships and aircraft.) Lease, charter and transport. contracts shall be regulated by the na- tional law of the ship or aircraft unless otherwise agreed upon by the parties. Art. 11. (Law regulating contributions to the general averages.) Contributions to the general averages shall be regulated by the na- tional law of the ship or aircraft. Art. 12. (Law regulating obligations arising from ship or aircraft collisions.) Obligations arising from collisions of ships or aircraft on the high seas or other places or in airspace not subject to the sov- ereignty of any state shall be regulated by the national law of the ships or aircraft if they have a common nationality; otherwise by Italian law. Art. 13. (Law regulating obligations arising from assistance, sal- vage and recovery.) Obligations arising from assistance, salvage and recovery on the high seas shall be regulated by the national law of the ship or aircraft. which has rendered assistance or made the re- covery. The same law shall regulate the partition of the compensation for assistance, salvage and recovery between the shipowner or operator and the crew. Art. 14. (Jurisdiction.) Apart from the cases provided for in Art. 14 of the Code of Civil Procedure, claims concerning the collision of ships or aircraft as well as assistance, salvage and recovery on the high seas or other places or in airspace not subject to the sovereignty of any State may be filed with the courts of the Kingdoni if the ship or aircraft which caused the collision or was assisted or salvaged, or PAGENO="1332" 1322 AIR LAWS AND TREATIES OF THE WORLD the persons saved, or the things salvaged or recovered were within the territory of the Kingdom.~ PART Two-AIR NAVIGATION BOOK ONE-ADMINISTRATIVE ORGANIZATION OF NAVIGATION TITLE ONE-ADMINISTRATIVE AGENCIES OF NAVIGATION Art. 687. (The Competent Minister.) The administration of air navigation is under the direction of the Minister of aeronautics.5 Art. 688. (Territorial Aeronautical Districts.) The territory of the Kingdom is divided into air traffic areas; the areas are subdivided into airport districts. An inspector of air traffic is in charge of each area; and a director for each district. Art. 689. (Agencies of Local Administration.) The inspector of air traffic shall exercise, in the area of the respective area, the duties con- ferred upon him by this Code, the laws and regulations. The administrative functions relating to navigation and to the air traffic which are carried on in a state airport and its surroundings shall be exercised by the director of the airport. Supervision of activities which are carried on in private airports shall be exercised by delegates of the airport of the emergency land- ing field, appointed by the Minister of Aeronautics. A it. 690. (Mixed Jurisdiction.) At airports situated within the limits of the maritime district supervision of ships, floating crafts and a.ircrafts in port or after landing. shall be exercised by the director of the airport in accord with the commander of the port. A~'t. 119!. Supervision of national traffic abroad.) Supervision over navigation and over national traffic abroad shall be exercised by the consular authorities. TITLE TWO PUBLIC PROPERTY ASSIGNED TO NAVIGATION Art. (192. ( Property of the Aeronautic I)oinain.) The following are parts of the aeronautic (lomain a ) niilitarv airports and civil airports established by the State; b) every structure or state estal)lishment assigned to the service of air navigation. Ait. 1193. (Works of Public. Interest.) Works which, by decree of the Miiiister of Aeronautics, are declared necessary by the State for Art. 4 of the Code of Civil Procedure states with regard to jurisdiction "A foreIgner may he brought before the courts of the Republic as a defendant if "A foreigner may he brought before the courts of the Repubiic as a defendant if 1. he is a resident or has elected [Italy] as his domicile, or has an authorized representative [in Italy] admissible in court in accordance with Art. 77, or has aecepted Italian jurisdiction unless the request concerns real property located abroad See Civil Code Arts. 43. 47 and 13571 2. the elaim concerns I)roperty located in the Republic or an inheritance of an Italian citizen or an inheritance] opened in the Republic. or obligations contracted or to he executed there Civil (`ode. Arts. 4~6 and 1173) 3. if tb claim is connected with another one pending before an Italian judge or cncerris lrot~'ctive action measure' to be carried out in the Republic or related to torn upon winch the Italian judge has iurisdiction ii'. as in a ca~c' of reciprocity, the court of the country to which the foreign belongs recognizes the request filed against an Italian citizen." Now Minister of Defense. PAGENO="1333" AIR LAWS AND TREATIES OF THE WORLD 1323 the establishnient and enlargement of airports and ot her aeronautical establishments intended for State services or for civil air traffic are considered for all intents and purposes to be of public interest. Art. 694. (Lease of land on state airports.) The Minister of Aero- nautics, in agreement with the XI mister of Finance, may. in accord with the needs of public use., grant Teases to private individuals for a period not to exceed twenty years, for portions of land on state air- ports, for the construction of hangars or other buildings or establish- ments to be used for purposes connected with air traffic. For the construction and the management of warehouses for mate- rials or substances which present a danger of fire or explosion, the rules established by the regulations shall 1)e observed. A it. 695. (Lease for the use of hangars and other buildings.) On state airports, in accord with the needs of air service, the air traffic inspector may grant the. use of hangai-s or other buil(lingS for a mini- mum period of three months. The lessee shall deposit security. Art. 696. (Amount of Rent.) For the. leases provided for in the pre- ceding article. the amounts of rent and security shall i~e estal)hiShed by the chief of internal revenue of the district, in agreement with the air adin inistr~it ion and with the applicant. In case of disagreement the Minister of Finance shall decide. Art. 697. (Hevoeation of Leases.) The Teases provided for in Article (~94 may be revoked for specific reasons inherent in the public use of the port or for other reasons of public interest ; the leases mentioned in Article 695 may be revoked at the. discretion of the aeronautic admin- ist ration. Revocation shall not entail a right of indemnification. In the case of a partial revocation an adequate reduction in the rent must be made, except. as provided for in the first paragraph of Article 44. The leases under which permanent structures have been built, the air administration shall pay indemnification according to the last two paragraphs of Article 42, unless otherwise established. Art. 698. (Supervision over Activities of Lessees.) Supervision over the activities carried out on the basis of leases is exercised, within the limits of each district, by the director of the airport. Art. 699. (Deferment [applicable provisions].) Fnless otherwise stated in this chapter, the regulations of Articels 3~, 38, 40. 41; 43 to 49, and 54 shall apply. The powers vested in the Chief of the Area by Article 54 shall be given, for the air domain, to the director of the airport. TITLE THREE-REGtLATIONS AND POLICE OF AIRPORTS CHAPTER I. Tii~ USE OF STATE AIRPORTS Art. 700. (Airports Open to Civil Traffic.) The following are open to civil air traffic: a) airports and civil flying fields instituted by the State and 1)ellmlnently desigiiatecl to the service of air navigation b) military airports and flying fields designated for aviation I)y the Minister. Art. 701. (Use of state airports.) Private planes may land, stand and take off frotii state airports open to civil traffic within the limits prescribed by the regulations. PAGENO="1334" 1324 AIR LAWS AND TREATIES OF THE WORLD Foreign aircraft. may be admitted under conditions of reciprocity, or when such reciprocity has been established by international conven- tions, except. for the power of the Minister of Aeronautics to give temporary authorization. The rights for the use. of state airports a.re established by regulation. Such rights include the corresponding services of the personnel, ac-. cording to the rules of the same regulations. Art. 702. (Use of emergency airfields.) Except for the provisions of Article 841, the landing and taking off of private aircraft at emergency airfields are allowed only in case of necessity. Art. 703. (Use of state airfields.) The use of airfields established by the State and open to civil traffic is allowed only for gliders. Foreign gliders may be admitted there on conditions of reciprocity. CHAPTER II. AIRFIELD AND OTREB PRIVATE AIR INSTALLATIONS Art. 704. (Establishment of airfields and other private installa- tions.) The establishment by private individuals of airports, emer- ~ency airfields, airfields and ot.her air installations must be authorized in advance by the Minister of Aeronautics. The authorization gives the right, to use the airdrome or the installa- tions. The respective fees must be approved by the Minister of Aero- nautics. Art. 705. (Supervision over airdromes and other private air installa- tions.) Supervision over the activities undertaken on the basis of the authorization referred to in the preceding article, is exercised, for air- dromes which have an airport delegate, or on an emergency airfield, by t.he delegate himself; in other airdromes it is exercised by the air- port director of the district.. - Likewise, the airport. director supervises the activities carried out outside the airdrome, with regard to other aeronautical installations. Art. 706. (Private radioelectric installations.) Private radioelec- tric installations are under the technical control of the ministers of communications and aeronautics, who establish together the installa- tion procedure and the use thereof. Art. 707. (Register of airdromes and of private installations.) Air- dromes and other installations, constructed and operated by private individuals, are listed in a register kept by the Minister of Aeronautics, according to the procedure established by the regulations. The acts and facts relative to the transfer of the property or of the management of an airdrome or its installations must be recorded in the register. The register may be consulted by anyone who so requests. Art. 708. (Use of private airdromes.) Except in case of necessity, the consent of the operator of the airdrome must be obtained for the use of a private airdrome not open to traffic. Art. 709. (Opening of private airdromes to traffic.) The opening to civil air traffic of private airdromes set aside for special uses shall be subject to authorization of the Minister of Aeronautics. For the needs of public interest the Minister may moreover declare certain private airdromes open to traffic; in such case the operator has the right to an indemnity determined in compliance with the regula- tions. PAGENO="1335" AIR LAWS AND TREATIES OF THE WORLD 1325 Art. 710. (Changes relative to property in airdromes or other in- stallations.) The alienation, the location of airdromes or of other private air installations, as well as the establishment of usufruct rights may not take effect if they are not authorized by the Minister of Aeronautics. When such authorization is not granted within sixty days from the submission of the request, it shall be considered denied. Notification of Inheritance by death of the property or rights in airdromes or other above-mentioned installations must be given to the Minister of Aeronautics within fifteen days from the acceptance of the heritance or from the acquiring of the legacy. `Within three months from that notification the Minister may proceed to expropriation in the public interest. Art. 711. (Changes related to the operation of airdromes or other installations.) The cessation of the operation of airdromes or of other private air installations shall not take effect if it is not authorized by the Minister of Aeronautics. In case of forced execution, the purchaser or the person to whom the airdrome or installation has been adjudicated, may not take over the activities of the same without the authorization of the above-men- tioned minister. When the authorization provided for in the preceding paragraph has not been granted within sixty days from the presentation of the request, it shall be considered denied. - Notice of succession by death in the management of an airdrome or other private installation must be given to the Minister of Aeronautics within fifteen days from the acceptance of the inheritance or from the acquisition of the legacy. `Within three months from the notifica- tion, the Minister may revoke the authorization to operate the airdrome or installation. Art. 71~?. (Revocation of Licence.) A licence to operate an airdrome or other private air installations may in any case be revoked for specific reason of public order or general interests of navigation. Art. 7/3. (Cessation of Operation.) The cessation of operation of airdromes and other installations is subject to licence from the Min- ister of Aeronautics. The Minister may prescribe a term before which the cessation may not take place, or provide for the temporary official operation subject to payment to the private individual of an adequate indemnity accord- ing to the rules or the regulations or he may proceed with expropria- tion in the public interest. When the Minister does not give his approval within sixty clays from the request~, t.he authorization shall be considered denied. CHAPTER III. REsTRIcTIoNs ON PRIVATE PROPERTY Art. 714. (Obstacles to Flight Operation.) Iii the neighborhood of airdromes and other air installations, platitations, installations or structures which impede flight, operations or the functioning of the installation shall be forbidden. The elimination of plantations. the demolition of existing installa- tions, and in general the modification of existing land conditions may be ordered. This order may be decreed by the Ministry of l)efense.6 8 Amended by Art. 17 of the D.P.R., June 28, 1955, No. 1106. PAGENO="1336" 1326 AIR LAWS AND TREATIES OF THE WORLD Art. `71.~5. (Works interferring with Navigatiom) The Minister of Aeronaut us niav or(ler the placement of signals on installations, works, or plantations which constitute an obstacle to navigation. The Minister may also order, according to the. rules established by the regulations. that for such works or installations other measures he aclopte.d which are indispensable for the safety of navigation. For military airdromes the po~ve~'s of the Minister for Defense men- t ioned in the preceding paragraphs shall be vested in the commanders of the territorial a'r zone or of the aeronautics. Ai'f. 716. (Setting up of Electric Lines.) The Minister of Aero- nautics may forb~d the setting up or the running of electric, lines, aerial cal)les. trolley lines, and aerial tramwavs on property located in the vicinity of iirclromes or other aeronautical establishment. In the case of military airdromes, the 1o\vers of the. Minister for Defense nientioned in the preceding paragraphs shall be vested in rhe commiuider of the Territorial air zone or of the aeronautics.~ A it. 217. (Indemnity.) In the cases provided for iti Article 714, paragraph one. and Article 71G. no indemnity is due in the cases pro- vi(led for in the second paragra~)lI of Article 714 an indemnity shall be determined according to the rules on expropriation for public in t erest. In the cases provided for in Article 715, paragraph one, the expenses of the establishment, maintenance, and the operation must be reim- bursed in the c.ases provided for in the second paragraph of the above- mentioned article an indemnity is clue within the limits and according to the procedui'e. established by the regulat ion. CIIAPv~R IV. AIRDRo~LE POLICE Art. 718. (Functions of the Police.) The functions of the police a.re exercised by the director of the airport on the airport. in which he has his headquarters, extending also to the limits of the air-district, to other state airdromes, to private ones in which there are no representatives of the airport and to emergency airfields. On private airdromes where there are representatives of the airport or an emergency airfield, the functions of the police shall be exercised by such delegates. Art. 719. (Movement of aircrafts on airports.) In accordance with the provisions of the regulations, the director of the airport shall regu- late and supervise the landing, water-alighting take-off movement., and the stops of aircraft at the airport. Art. 7~O. In accordance with the rules of the regulat ions, the director of the airport regulates and supervises the loading, unloading and stor- ing of merchandise, and the embarkation and debarkation of passen- gers at the airport. Art. 721. (Airplane shelters and repairs.) In accordance with the needs of the service and the conditions provided for by the regulations, the director of the airport may authorize, the sheltering of an aircraft. in the hangars existing at the airport. The above-mentioned authority may also authorize the execution of work on airci'aft by airport personnel. Amended by Ar. 17 of the D.P.R., June 2S and June 19, 1955, No. 1106. PAGENO="1337" AIR LAWS AND TREATIES OF THE WORLD 1327 Art. 722. (Operator's duties and obligations.) The operator of the aircraft shall provide for supervision of aircraft sheltered in a hangar at a state airport. The operator shall be held liable for damages to the personnel arid material of the State properties. Art. 723. (Storage of objects at the airport.) The director of an air- port may allow the storing of merchandize or of other materials at the airport and determine the irocedine and I he charges. The storing of substances which present danger of fire. or explosion shall be subject to the authorization of the Minister of Aeronautics aiicl to the observance of the rules advisable for guaranteeing the public safety. The above-mentioned authorization is required even when the stor- age is made in hangars or buildings of lessees. In the case of careless storage of foods or goods left after the expira- tion of the specified term, the director of the airport shall proceed ac- cording to the rules of Article 64. Art. 724. (Meteorological bulletiiis and signals for navigation.) The director of the airport shall take care of the publication of meteorogical bulletins and of information which in any way increase the safety of air navigation. He shall also arrange for the signals necessary for air navigation. For the airdromes of the district in which there is a military corn- manci, the signals shall be subject to its agreement. For seaplane aii'porfs located within, or in the immediate vicinity of, sea or interior ports, the signals shall be in accordance with the mari- time authority, with that having charge of inland navigation. Art. 72.5. (Supervisory and Subsidiary Services.) Supervision over, and coordination of radio-electric and other subsidiary services, as well as of supervisory services, shall be exercised b the director of the air- l)ort in the area of the district. The director of the airport shall also supervise the above-mentioned services. Art. 726. (Employment of means for urgent necessities.) The direc- tor of an airport may, in case of urgent necessity of service, order that the aircraft arid every other means of transportation with the related personnel which are at the airport, he placed at his disposition. He may likewise order that any other facility lie considers necessary be placed at his disposition. Ai't. 727. (Assistance to aircrafts in danger.) The director of an air- port who has been notified of an aircraft in danger or of an aircraft that Ii as crashed or of sonic oth ci accident shall i nimed i atelv provide for assistance, and if he does not have at his disposal, or cannot ol)tiuin the necessary means, shall notify other authorities who may usefully intervene. When the air authority cannot intervene in time, the first necessary measures must be taken by the municipality or by the maritime au- thority if the disaster occured at sea. Art. 728. (Compensation and indeninificat ion.) Wimeiiever in the rescue operations specified in the preceding article nieans belonging to private individuals have been eniployed. t lie pemsoiis who have given help shall have a right to compensation for the help usefully given and in any case, to indemnification for damages and reimburse- PAGENO="1338" 1328 AIR LAWS AND TREATIES OF THE WORLD ment of expenses, according to the criteria established by Article 983 et seq. When such elements are present, and in other cases according to criteria established by the regulations. Art. 729. (Removal of wreckage.) In the case of the crash of an aircraft within the perimeter of an airdrome of the district, the di- rector of the airport shall order the owner to provide for the removal of the wreck at his expenses, and shall specify a period of time for the execution of the job. If the owner does not carry out the order within the time specified the authority shall ex offieio take measures for the removal and sale of the wreck on behalf of the State. If the proceeds from the sale are insufficient to cover expenses, the owner shall reimburse the State for the difference. If the proceeds from the sale of the wreck are greater than the expenses, the difference shall be divided among the privileged creditors and the mortgagees of the aircraft. In cases of urgency the authority may ex officio take the necessary measures on behalf and at the expense of the owner. Art. 730. (Injunction for reimbursement of expenses.) For the re- imbursement of anticipated expenses, or in some manner incurred on behalf of private individuals, the director of the airport shall ask the judge of the jurisdiction to issue an executory injunction by a decree. If the debtor has not made the payment twenty days after the notification of the injunction, the director of the airport may proceed to execution. Within the above-mentioned period the debtor may appeal from the decree denying the existence of the credit or its amount after having deposited the amount specified in the injunction. The protest is made before a judge who has jurisdiction as to such amount.. TITLE P0th-AVIATION PERSONNEL Art. 731. (Distinction of Aviation Personnel.) Aviation personnel include: a) flight personnel b) personnel assigned to ground services c) technical-management personnel for aeronautical construc- tion. Art. 732. (Categories of Flight Personnel.) Flight personnel are divided into four categories: 1. Personnel assigned to the command, guidance, and piloting of aircraft.: 2. Personnel assigned to radioelec.tric apparatus; 3. Personnel assigned to engines and other mechanisms of air- craft 4. Personnel assigned to complementary services. Art. 733. (Personnel assigned to ground services.) The personnel assigned to ground services include: 1) the traffic control officer and ot.her non-flight personnel of the air transport enterprises; 2) the personnel, other than flight, personnel of the air work enterprises: PAGENO="1339" AIR LAWS AND TREATIES OF THE WORLD 1329 3) the personnel, other than flight personnel of flying schools; 4) the personnel assigned to services on the airfields. Art. 734. (Technical-management, Construction Personnel.) The technical-management, personnel of aeronautical construction include: 1) aeronautical enginecrs; 2) aeronautical experts. Art. 735. (Registers of Air Personnel.) Flight personnel of the first three categories are registered in national registers; those of the fourth category are entered into a special register. The traffic control officer and the technical-management personnel of aeronautical construction are registered in tw-o separate national registers. Art. 736. (National Organization of Aviation personnel.) The above registers and the register of aviation personnel are kept by the national organization of aviation personnel. The organization established according to the orders of the regu- lations is a legal entity. The regulations establish the other characteristics of the organiza- tion. Art. 737. (Requirements for registration in the registers.) Italian citizens who fulfill the requirements for each of the categories estab- lished by the regulations may obtain registration in the above registers and the register of aviation personnel. The Minister of Aeronautics may authorize the entering of Italians not resident in the country in the registers. Foreigners may be entered in the above registers and the register of aviation personnel only in cases and under the conditions estab- lished in international conventions, or with prior authorization from the Minister of Aeronautics. Art. 738. (Work documents for aviation personnel.) Flight per- sonnel are furnished with a registration booklet. Likewise traffic control officers are furnished with a registration booklet; technical- management. personnel of aeronautical construction are furnished with a registration certificate. The form and effect of such work documents are established by the regulations. Art. 739. (Professional Titles.) The professional titles for flight personnel of the first category, assigned to transportation services, are: a) superior commander; b) first commander; c) commander; d) first class navigator e) second class navigator f) first pilot g) second pilot The professional titles for flight personnel of the first class, assigned to other services are.: test pilot., and instructor pilot.. The professional titles for flight personnel of the second cate- gory are: a.) chief wireless operator: b) first w-ireless operator: c) second w-ireless operator. PAGENO="1340" 1330 AIR LAWS AND TREATIES OF THE WORLD The professional titles for flight, personnel of t.he third category, assigned to transportation services are: a) chie.f mechanic b) first mechanic; c) second mechanic. The I)rofession~1l titles for flight, personnel of the third category, assigned to other services are: test flight, mechanic, flight, mechanic in aviation schools. Art. 740. (Placement. of flight personnel.) The placement. of per- sons whose. names are entered in the rolls and the register of flight personnel is provided for, in the territory of the Kingdom, exclusively by an office established according to the rules specified by law. The operator has the right of free choice among the persons entered in the books of said office. ~ 747~ (Prohibition of Mediation.) Mediation, even gratuitous, for the placement of persons entered in the rolls and in the register is prohibited. Any compensation related to an activity carried out in conflict with such disposition may be recovered. Art. 742. (Hiring abroad.) The hiring of flight personnel abroad, for the purI)ose of making them members of the crew of national air- planes shall be under the supervision of the consular authorities. TI TLE FIVE-RFLES GOVERNING AIRcRAFr CHAPTER I. CLASSIFICATION OF AIRCRAVr Art. 743. (Definition of aircraft..) An aircraft. shall be deemed any machine suitable for transportation of persons or goods by air from one place to another. The classification of the aircraft, in accordance with their technical features, shall be established by regulations. Art. 744. (State. aircraft and private aircraft..) State aircraft are military aircraft and all aircraft owned by the Government. and as- signed exclusively for police., customs, mail and other government services. All other aircraft. are deemed private, aircraft. Except for military, customs and police, aircraft, State aircraft shall be deemed private for the purposes of international air navigation unless other- wise established in international conventions. Art. 74~~ (Military aircraft.) Military aircraft. are those specified as such by special laws. Art. 746. (Aircraft assimilated to State aircraft.) The. Minister of Air may decide to assimilate to State aircraft. any aircraft. which, al- though, they belong to, and are operated by pri~~ate persons, are used for government service of a non-commercial character. Art. 747. (Classification of private aircraft.) In relation to their use, private aircraft shall he. classified as: a ) aircraft of public transport intended for transportation of persons and goisis for payme1~t of some kind, or without corn- pensat ion if the transportation is made by transport. air enterprises: PAGENO="1341" AIR LAWS AND TREATIES OF THE WORLD 1331 b) aircraft. for air work intended for industrial an(l conirnercial purposes or other use for payment other than transportation of persons and goods; c) tours in aircraft. intended for purposes other than those indi- cated in the preceding paragraphs and without paynient. The regulations shall determine other categories of aircraft, depend- ing on their use. Art. 748. (Rules applicable to military, custom and police aircraft.) Unless otherwise provided, the rules of this Code shall not apply to military custom and police aircraft. CHAPTER II. LICENSING OF AIRCRAFT FOR FLIGHT SECTION I-MARKINGS OF AIRCRAFT Art. 749. (Licensing of aircraft for flight.) Aircraft recorded in the register kept by the competent offices and fouiid airworthy as provided by this code shall be licensed for flight. Aircraft which conform to the prescribed requiremcnts of working and nationality are recorded in the aforementioned registers. In regard to such registration and for all legal effects aircraft. are distinguished by a marking of nationality and by the registration, or, in the case of gliders, by a number. Art. 750. (Registration mark or number). The. registration mark consists of a group of four letters as assigned by the Minister of Aero- nautics, and must be different for each aircraft. The number for gliders is assigned by the Royal National Aeronau- tical Union. SECTION lI-NATIONALITY REQUIREMENTS Art. 75]*8 (Natiomlalit.y of Owners of Italian Aircraft.) Aircraft are deemed to comply with the requirements of nationaliti~ necessary for recordation in the national aircraft register or in the register of the Royal National Aeronautics Union if they wholly belong to the following: a) the State, the provimlces, municipalities and other Italian public institutions; b) Italian citizens; c) a. company established and with its headquarters in the King- doin when at. least. two-thirds of the capital belongs to Italian citizens, and whemi its president and two-thirds of the board, of di- rect.ors, including the managing director as well as the General director, are Italian citizens. Art. 75g. (Aircraft recorded in foreign registers.) Aircraft which a.re already recorded in a foreign aircraft register may not be registered. D.L.C.P.S. August 1, 1947, No. 986. Single artlcle.~The Minister for Defense is hereby authorized to provide for recordation in the national aircraft register of aircraft belonging to stock companies established accord- ing to the legislative decree of the provisional Head of the State of September 4, 1940, No. 88. The present decree shall go into force the day following its publication in the Official Gazette and shall be in force from April 1, 1947. PAGENO="1342" 1332 AIR LAWS AND TREATIES OF THE WORLD SECTION rn-REGISTRATION OF AIRCRAFT AND QUALIFICATION FOR FLIGHT Art. 753. (Registration of Aircraft.) The registration of aircraft must be requested by the owner within eight days from the granting of t.he airworthiness certificate and, for gliders, from the granting of the test certific.ate. Art. 755. (Qualification of aircraft for flight.) Aircraft recorded in the national aircraft register are qualified to fly by the registration certificate. Gliders are qualified to fly by the attestation of the Royal National Aeronautics Union that they are recorded in the register, by means of a notation on t.he test certificate. Art. 756. (Re~-istration certificate.) The registration certificate is issued by the Minister of Aeronautics and describes the individual marking of the aircraft., its type and principal characteristics, the use to which it is to be assigned, the name and domicile of the owner, the airport where it is habitually sheltered, as well as any other indications required by the regulations. Alterations or repairs which show modifications in the type and value of the aircraft must be noted on the certificate. Art. 757. (Marking of Nationality.) Aircraft recorded in the na- tional aircraft. register have t.he mark of nationality established by the regulations. SECTION IV-LOSS OF NATIONALITY REQUIREMENTS AND CANCELLATION OF REGISTRATION Art. 758. (Loss of Nationality Requirements.) The owner of an airc.raft recorded in the national register must notify the Minister of Aeronautics within eight days or, in the case of a glider, the Royal National Aeronautics Union, of registration in a foreign register, as well as of any other fact which involves the loss of nationality require- ment.s. The authority which has received the notification or has learned by some means of any of the facts mentioned in the first paragraph, shaH proceed by affixing in the office of the director of t.he airport in which the aircraft is habitually kept and by inserting of legal an- nouncements in the newspapers to the publication of a notice request- ing interested persons to file claims within sixty days. If, within the specified term, no opposition has been made, and no claims on the aircraft have been recorded, the authority shall cancel the registration. In case of opposition, or if there are recorded claims or sureties on the aircraft, the cancellation may be made only if the opposition has been rejected by a final court judgment, or if the creditors have been satisfied, or if such rights have been extinguished, or if otherwise the owner has complied with the decision issued by the aviation authority for any amounts due to the administration, and by the court, upon the request. of a party using due care to safeguard the interests of the creditors. In other cases the Aeronautical Authority shall proceed to judicial sale of the aircraft. PAGENO="1343" AIR LAWS AND TREATIES OF THE WORLD 1333 Art. 759. (Loss of Nationality requirements in cases of succession and of adjudication.) When a national aircraft becomes the property of a foreigner by inheritance, the heir or legatee, within eight days from the acceptance of the inheritance or the acquisition of the legacy, must notify the authority indicated in the preceding article of such fact~. T he authority shall proceed iii accordance with the rules of the second, third and fourth paragraphs of this article. The same rules shall apply in the case of adjudication of an air- craft the period for notification shall run from the day of the adjudi- cation. Art. 760. (Dismantling of an aircraft.) The owner who intends to dismantle an aircraft, must notify the Minister of Aeronautics if the aircraft is in the Kingdom, or the consular authority if it is abroad, and surrender the documents and the logbook. The aforementioned authority shall proceed in accordance with the second paragraph of Article 758. If within sixty days from the publication, objections have been made by creditors, or if rights and sureties on the aircraft are reve~tled such authorization may be given only after the objections have been regis- tered by final court decision, or the creditors have been satisfied or the rights extinguished, or, otherwise, the owner has complied with the procedures prescribed by the air authorities for any amounts due to the administration, and by the court, on the demand of a party using due care to safeguard the interests of t.he creditors. However, dismantling may be authorized immediately when it is necessary for reasons of urgency ascertained by the Italian Aviation register in the Kingdom and by the consular authorities abroad. The rules of the preceding paragraph shall not apply to gliders. Art. 761. (Presumed loss.) When three months have elapsed since the day of the last communication, an aircraft shall be presumed to have been lost on the day following the one on which the last communi- cation was received. Art. 762. (Cancellation of an aircraft from the Register.) An air- craft shall be cancelled in the register when: a) it is lost or presumed lost; b) it has been dismantled c) it has lost its nationality requirements as specified in Art.i- cle 751; d) it has been registered in a foreign register. The cancellation of an aircraft must be requested by the ow-ner, or it may be made ex officio. With the act of cancellation the authority shall also withdraw the flight certificate or the test certificate. CHAPTER III. AIRWORTHINESS OF AN AIRCRAFT Art. 763. (Conditions of airworthiness.) In order to fly, an aircraft must be airworthy, properly equipped, and prepared for the tasks for which it is intended. Art. 764. (Certificate of airworthiness and test certificate.) The fit- ness of an aircraft for flights shall be attested by a certificate of air- worthiness, or, for gliders, by a test certificate. The airworthiness certificate attests to the technical fitness of the air- craft for a specified employment or service, and to its assignment. to one PAGENO="1344" 1334 AIR LAWS AND TREATIES OF THE WORLD of the categories specified in Article `747. The test certificate also at- tests to the fitness of a. glider for use. Art. 765. (Employment of aircraft.) An aircraft may be used oniy for the service or employment belonging to the category to which it has been assigned according to the airworthiness certificate. However, an aircraft may be assigned to a service or an employment belonging to a category requiring lesser techi~ical aptitudes; but in this case the most favorable status provided for an aircraft of the lesser category does not apply. Art. 766. (Issuance of airworthiness and test certificates.) The air- worthiness and test certificates are issued by the Italian aircraft register. The conditions for the issuance, the formalities, their duration and renewal shall be establishe.d by the regulations. For the purpose of Article 754, the register must immediately notify the Minister of Aeronautics or the Royal National Aeronautics Union of the issuance of airworthiness or test certificates. Art. 767. (Modification of aircraft.) After the issuance of the air- worthiness or test certificate, modifications may not be made on the air- craft without previous notification of the Italian aircraft register. Art. 768. (Examination and inspection.) The Italian aircraft reg- ister provides, in the cases and under the procedures established by the regulations, for inspection and periodical examination of aircraft in order to ascertain their airworthiness and use. An aircraft may be submitted to inspections or unscheduled ex- traordinary examinations whenever the register deems it necessary or when damage has occurred w-hich might impair the airworthiness of the aircraft or the functioning of its parts. The register must make unscheduled examinations whenever so requested by the aeronautics or consular authorities. The cost. of such periodic and unscheduled examinations and of in- spections shall be borne by the operator. Art. 769. (Examinations and inspections abroad). The examina- tions and inspections discussed in the preceding article shall be carried out abroad by the Italian aircraft. register or by foreign institutions with which agreements for that. purpose have been made. Art. 770. (Probator effect. of certificates issued by the register.) The certificates and all other technical attestations issued by the Italian aircraft. register shall have the validity of public documents until t.he cont.rary is proven. CHAPTER IV. AIRCI~&~'T DOCUMENTS Art. 771. (Documents aboard.) With the exception of gliders and save for the disposition of Art. 840, aircraft must carry on board during flight: (a) a registration certificate; (b) an airworthiness certificate; (c) sanitary and customs documents; (d) a logbook: (e) a list of passengers: (f) other documents prescribed by laws and by the regulations. Sailing gliders must. carry on board, during flight, certificates of PAGENO="1345" AIR LAWS AND TREATIES OF THE WORLD 1335 registration arid airworthiness, as well as tile other documents pre.- scrihed by law and by the regulations. Free gliders must carry on board, during fhght. test certificates and the other do uments prescribed by law and by the regulations. Art. 772. (Loghooks.) In the logbook shall be noted the route fol- loweci and the road travelled, the notes carried out, the incidents and, in general any occurrences of special importance which took place during the flight. In it there shall also be recorded the facts indicated in Article 835, any testaments recorded, marriages performed accord- ing to Article 834, crimes committed on board and measures adopted, and the information required by the sanitary aeronautics l)ollce. Art. 773. (Aircraft. books.) Besides the logbook, aircraft used for the transportation of passengers or goods must he provided with book- lets concerning the aircraft, the engines and the signals and, there must be recorded therein the information established by the regula- tions. The above mentioned books must be kept at the airport. where. the aircraft is habitually based. Art. 774. (Keeping of the. books.) The rules for the authentica- tion and keeping of aircraft. books shall be established by the regula- tions. The books must. l)e kept by the operator for two years after the last registration. Art. 775. (Probative effect of notations on aircraft. documents.) The provisions of Articles 2700 and 2702 of the Civil Code. shall apply to any annotations on the documents of the aircraft. except annotations relating to the operation of the aircraft on the books specified in Arti- cle.s 772 and 773, which shall constitute prima faeie evidence in favor of the operator provided they are kept in order: they shall constitute pnnra. fade evidence against., the operator but the person who wants to take advantage thereof may not separate their contents. TITLE SIX-RFLES GOVERNING AIR SERVICES CHAPTER I. SCHEDULED AIRLINE SERVICES Art. 776. (Licenses.) Airline transport. services may not be estab- lished or operated without a government, grant by means of a royal decree. The license, shall not. be valid for more than ten years. Art. 777. (Nationality of Licensee.) Except for the disposition of Art.. 779, operation of airline transport services may be licensed only to persons, enterprise.s or companies capable of possessing national aircraft in the. sense. of Art. 751, which have financial and technical means sufficient to guarantee that they can provide schedules services for the duration of the license.. rfhe administrative and technical management must be in the. hands of Italian citizens. Art. 778. (Companies to be formed.) A license may also be granted to a company to be foi-med, if the org~iinizers bind themselves in a pub- lic act, to form the company legally so that it will fulfill the require- ments set forth in the preceding article within three months from the (late of publication of the decree of license in the Official gazette. 39-737 0-65--vol. 1----,S~ PAGENO="1346" 1336 AIR LAWS AND TREATIES OF THE WORLD Art. 779. (International Airline Services.) International airline services may also be licensed to foreigners when it is provided for in international conventions. Art. 780. (Reserve, of foreign trade.) Services of air transport be- tween airports in the Kingdom are reserved for national enterprises, unless otherwise provided for in international conventions. In addition to the cases provided for in the preceding paragraph, and for reasons of the general interest foreign enterprises may also be permitted by royal decree to engage in such transportation. Art. 781. (Declaration of public interest.) The decree of license shall contain a declaration of public interest in the work necessary for the establishment and the carrying on of the licensed line. Art. 782. (Security furnished by the Licensee.) Unless there is a waiver, the licensing decree shall specify the amount of security which must. be given by the license.e or, as in the case of Article 788, by the organizers of the company to be established. The security shall be returned at a rate proportionate to the degree of the progress of the work; the last installment shall be returned after testing the work and the material. Art. 783. (Prohibition to cease service.) The licensee may not cease the service, either wholly or in part, without. previous authorization from the Minister of Aeronautics. Art. 784. (Loss of a license). The licensee shall forfeit. the license: a.) when he has not. begun service on the day stipulated in the license unless the delay is due to causes for which he is not re- sponsible; b) when, in the case provided for in Article 788, the organizers do not fulfill the obligation of setting up the company, to which the license, has been granted, under terms and conditions estab- lished in said article; c) in other cases indicated in the license decree. In c.ase of forfeiture the not yet returned security shall escheat to the Treasury. Art. 78.5. (Suspension and revocation of license.) For reasons of public, interest, the Minister of Aeronautics may suspend a license and, if he deems it advisable, initiate, revocation of the license. Art. 786. (Return of equipment. at. the termination of a license.) At the expiration of a. license, the. licensee must return to t.he administra- tion the equipment and materials given him to use in normal condition of efficiency. Unless otherwise established in the license decree, all fixed equip- ment constructed by the licensee shall remain the property of the State without compensation. Art. 787. (Supervision of the services of the line.) Supervision over the services of the line is performed, in the respective districts, by the inspector of air traffic and b the director of t.he airport.. CHAPTER II. SERVICES OF THE LINES Art. 788. (Licenses.) Service for the transport of passengers and goods of non-scheduled or occasional character, service of air work and flying schools may not be carried on without the appropriate license from the Minister of Aeronautics, according to the conditions estab- lished by the regulations. PAGENO="1347" AIR LAWS AND TREATIES OF THE WORLD 1337 Art. 789. (Conditions for issuance of licenses.) The licenses pro- vided for in the preceding article may be issued only to persons, enter- prises or companies specified in Article 751. Art. 790. (Duration of licenses.) Licenses shall be valid for not more than three years and shall always be revocable. Art. 791. (Prohibition to cease operations.) The service, for which a license has been issued, may not be suspended, even in part, without prior authorization from the Mimster of Aeronautics. TITLE SEVEN-AVIAT~ION POLICE CHAPTER I. GENERAL PRovIsIoNs Art. 792. (Supervision over air traffic.) Supervision over the ob- servance of the provisions regarding air traffic is exercised, within each district, by the director of the airport. Art. 793. (Prohibition to fly.) Flight over specified zones of the territory of the Kingdom may be prohibited by the Minister of Aero- nautics for military or public security reasons. The same minister may, for exceptional reasons of public interest, prohibit air traffic over all of the territory of the Kingdom. Art. 794. (Foreign aircraft.) With the exception of military, customs and police aircraft foreign aircraft may fly over territory of the Kingdom under conditions of reciprocity or when this is provided for in international conventions, except that in every case the Minister of Aeronautics shall have power to grant temporary authorization. Foreign military customs and police aircraft may not fly over the territory of the Kingdom without special authorization from the Minister of Aeronautics. Art. 79.5. (Foreign military aircraft.) Military aircraft of a foreign State shall enjoy the treatment established by the conventions and by international customs when they have obtained the authorization re- quired in the preceding article. Without such authorization foreign military aircraft shall not enjoy the above-mentioned treatment even when they are obliged to land due to an act. of God or by order of the authorities. Art. 796. (Requirement to affix identification marks.) A national aircraft may not. fly unless it bears a marking in the manner established by the regulations of nationality and registration or a number. A foreign aircraft must bear the marks required by the State in which it is registered or those prescribed by international conventions. Art. 797. (Requirement to carry licenses and permits on board.) National and foreign aircraft may not fly if their flight personnel are not. furnished with the required permits, licenses, certificates and documents of qualification and if these documents are not carried on board. Art. 798. (Requirement. to carry insurance for damages to third per- sons on land.) No aircraft may fly unless insured for damages to third persons on the ground, according to the regulations of this code, with an insurance company duly authorized for such purpose by the Min- ister of Aeronautics. The contents of the insurance policy must be shown in the note indi- cated in Art. 1010, and authenticated by the Minister of Aeronautics. PAGENO="1348" 1338 AIR LAWS AND TREATIES OF THE WORLD CHAPTER II. TAKE-OFF AND LANDING OF AIRCRAFT Ait. 799. (Take-off of aircraft.) Except for the regulations of arti- cles T0~, 841 and 844, aircraft must take off from an airport. 1-Jowever, in the case provided for in Article 804 a flight may take off from the place where an aircraft has landed. The owner of the land must~ notify the competent authority of the fact, when he learns of it, in accordance with the regulations. Ai~f. 800. (Aircraft with (lestinations abroad.) Aircraft leaving for abroad may take off only from customs airports, unless they have see- cial authorization from the Minister of Aeronautics, in agreement with the ministries concerned. An aircraft leaving the customs territory of the State is deemed to be leaving for abroad. Art. 801. (Formalities before take-off.) Before taking off the com- mander must arrange to have the aircraft inspected by the director of the airport. The commander of an aircraft carrying a logbook must also see that the director of the airport notes the take-off clearance in the logbook. Art. 802. (Authorization to take-off.) The director of the airport may not authorize the take-off of an aircraft if the operator and the commander have not fulfilled the requirements of the police and of flight safety as well as the sanitary and customs requirements, and if the have not provided for the payment of the taxes and fees due. Art. 80g. (Requirement to land during the trip.) The commander of an aircraft must. land with the greatest promptness at the nearest airport. when he receives such order by means of signals established by the regulations, or as soon as he becomes aware that he is flying over a prohibited area. Art. 804. (`Aircraft landing.) With the exception of the regulations of Art. 841 and 844 voluntary landings of aircraft may be made only at airports. In case of a landing at a place other than at an airport, the com- mander of the aircraft and, when he is aware of the fact, the owner of the property w-here the landing took place, must notify the com- petent authorityq in accordance with the regulations. Art. 805. (Landing of aircraft coming from abroad.) Aircraft com- ing from abroad may land only at customs or sanitary airports, unless they have special authorization from the Minister of Aeronautics in agreement with the ministers concerned. Aircraft. which enter the customs of the Kingdom are deemed to come from abroad. Art. 806. (Prohibition to land.) The director of an airport may pro- hibit the landing of aircraft for reasons of flight safety. Art. 807. (Formalities subsequent to landing.) Immediately after landing the commander of an aircraft must comply with the customs aiicl sanitary formalities and present his logbook to the director of the airport. The director of the airport shall affix a visa on the log after inspect- ing the regist ration and ascertaining that they are in order. The commander of an aircraft which does not have a. log or is ex- empt from the requirement of a visa, shall appear before the director of the airport and inform him of the point of departure of the aircraft. PAGENO="1349" AIR LAWS AND TREATIES OF THE WORLD 1339 The commander of an aircraft must in eveirv case provide the director of the airport with all the information requested concerning the corn- pleteci trip. A it. 808. (Foreign Aircraft.) If international agreements do not provide otherwise, the regulations of this chapter shall also apply to foreign aircraft. CHAPTER III. DIScIPLINE ABOARD IN FLIGHT Art. 809. (Authority of the Commander.) Every person aboard is subject to the authority of the commander. Art. 810. (Discipline aboard.) The personnel of the aicraft must cooperate and comply with the instructions concerning duties and discipline on board. Art. 811. (Obligations of the crew in case of danger.) The crew members must cooperate in safeguarding passengers and cargo until the commander orders them to jump by parachute or otherwise to abandon the aircraft. Art. 812. (Obligation to cooperate in the recovery.) If an aircraft is lost, and if requested immediately after the accident by the com- mander of the aircraft or the director of the airport, the members of the crew shall assist in recovering the wreckage. Art. 813. (Members of the crew subject to the draft.) Members of the crew subject to the draft or a recall to service ma not be dis- embarked in a foreign country without authorization from the corn- petent~ authority except to join the crew of another national aircraft returning to the Kingdom. Art. 814. (Radio communications equipment and services.) Public radio communication service aboard an aircraft is subject to a license issued according to the regulations. The installation and use of a radio transmitting equipment on board of aircraft is subject to special authorization from the Minister of Aeronautics. Art. 815. (Embarkation of sick passengers.) For the embarkation of sick passengers rules established by the laws and special regulations shall be observed. Art. 816. (Loading of arms, munitions, and poison gases.) The loading on aircraft of arms and nllmitions of war and of poison gases is subject to special authorization from the Minister of Aeronautics. Rules for the transportation of hunting weapons and munitions shall be established by the regulation. Art. 817. (Embarkation of forbidden or dangerous merchandise.) When goods whose transportation is forbidden by police rules, or whose transportation is or may become dangerous or harmful to the aircraft, people or cargo in the course of flight, the (onunander of the aircraft shall proceed in the manner provided for in ~rticle 194. I)elivery of materiel in custody, in the sense of the preceding article, must be made to the director of the airport, if the landing takes place in the Kingdom, or to the consular authorities if the landing takes l)lace abroad. Art. 818. (Custody of objects belonging to peisons who die or disappear on the trip.) Objects belonging to persons who die or dis- ilppear during a trip shall remiiii~ iii the custody of the commander of PAGENO="1350" 1340 AIR LAWS AND TREATIES OF TUE WORLD the aircraft imtil the next landing place is reached where they shaH be delivered to the director of the airport or to the consular author- ities. The method of custody, of notification, and of sale shall be estab- hshed by the regulation. When no interested persons make known their claims within five years from the notification, the sum realized from the sale shall escheat to the national security fund for aircraft personnel. A it. 819. (Throwing things from an aircraft.) Except in case of necessity, it is forbidden to throw from aircraft in flight any objects or articles, w-ithout special authorization from the Minister of Aero- riautics except for prescribed ballast. Liability for damage to third le~~o1~ on the ground shall subsist under all conditions. Art. 820. (Use of parachutes.) Without authorization from the Minister of Aeronautics the use of parachutes is permissible only in case of necessity. Art. 821. (Crossing the border.) Every aircraft coming from or going abroad must cross the border between the points and along the route established by the Minister of Aeronautics. Art. 822. (Flight, over inhabit~ areas and airports.) For a flight. over inhabited centers or gatherings of persons as well as over air- l)OI~S the limits and rules established by the regulations must. be ob- served. Arf. 823. (Flight, over private property.) The flight, over private property by aircraft must be made in such a manner as not to damage the interests of the owner of the property. Art. 824. (Customs supervision.) Aircraft navigating within t.he territory of the State. shall be subject to customs supervision. Art. 82.5. (Other provisions.) The rules for the transportation and use of photographic and cinematographic equipment, sanitary pro- visions and the rules of air traffic. shall be established by regulations and by special laws and regulations. TITLE EIGHT-INQTTIRIES CONCERNING ACCIDENTS Art. 826. (Summary inquiry.) llJpon being notified of an air acci- dent in his district, the director of an airport shall immediately com- municate with the judicial authorities and, if necessary, initiate a summary inquiry in accord with the police authorities. At the termination of the inquiry the director of the airport shall transmit the findings to the. Minister of Aeronautics. Art. 827. (Formal technical inquiry.) After examining the infor- mation obtained and the conclusions reached in the course of the sum- mary inquiry, the Minister of Aeronautics shall decide if there is any reason to hold a formal technical inquiry. If he holds in the affirmative, the Minister shall transmit. the pro- ceedings to a technical-administrative commission, constituted accord- ing to the regulations. This commission shall ascertain the causes of, and rcsj~nsibi1itv for the accident. A~f. 828. (Persons heard in the course of the inquiry.) In addition to the ~ called upon to testify, during the course. of the inquiry, the insurer, the damaged. or their assignees, and, in general, any per- son who has a.n interest in the aircraft or the cargo may be heard. PAGENO="1351" AIR LAWS AND TREATIES OF THE WORLD 1341 Art. 829. (Report on fonnal technical inquiry.) The commission shall draw up a report of the information obtained and the conclusions reached regarding the cause of, and responsibility for the accident, which shall be traiismittecl to the Minister of Aeronautics. Art. 830. (Air disasters at sea.) If the accident occurs at sea, the authority, who is notified thereof shall inform the nearest airport management. and the maritime authorities. Without. thereby affecting the second paragraph of Article 727, the maritime authorities shall proceed, in agreement. where possible with the air authorities to the rescue of persons and goods, and ascertain the facts, and shall send a copy of their report. on the accident. and on the help given to the management. of the nearest airport. Art. 831. (Missing airc.raft.) If no news has been received of an aircraft and there are valid reasons to believe that it is missing, the Minister of Aeronautics shall order a formal technical inquiry. Art. 832. (Accidents to foreign aircraft.) If an accident occurs to a foreign aircraft in the territory of the Kingdom, the Minister of Aeronautics shall notify the Minister of Foreign Affairs. The airport director and the commission of inquiry are empowered to interrogate the crew and passengers of the foreign aircraft. Art. 833. (Accidents to Italian aircraft abroad.) If an accident. occurs to an Italian aircraft. abroad, the Italian consular authorities shall report. to the Minister of Aeronautics, who shall t.iini over t.he proceedmgs to an administrative technical commission of investiga- tion. TITLE NINE-VITAL STATISTICS PROCEDLRES IN FLIGhT Art. 834. (Matrimony in imminent danger of death.) During flight and when it is not possible to obtain the services of the competent au thorities in the Kingdom, or of the consular authorities abroad, the commander of an aircraft may perform a marriage according to the provision of Article 101 of the Civil Code. The marriage certificate issued by the commander, must. be noted in the log and delivered at. the next. landing at. an airport to the direc- tor of the airport or t.o the consular authorities together with an ex- tract from the log. Art. 835. (Births, deaths and disappearances on board.) The com- mander of an aircraft. must. note. in his log book any l)irthS and deaths w-hich occur on board as well as disappearance from the aircraft of persons whose bodies could not be. recovered, aiuil he must notify the director of the next airport at. which he lands or the consular authori- ties. The above-mentioned authorities shall record the declarations of he. commander and of witnesses, and shall iiiclude the statements prescribed for the compilation of the respective statistics or the cir- cumstanc.es of the disappearance and the search undertaken. 4 i't. 836. (Transmission of findings aild proceedings to the corn- petent authorities.) The aeronautics or cori~ular authorities shall transmit a copy of the marriage ac.t and of the report of the declara- tions of births or (leaths to the competent authorities in compliance with the regulations concerning vital statistics a copy of the report in regard to a disappearance (Art. 1205) shall be transmitted to the prosecutor for the King. PAGENO="1352" 1342 AIR LAWS AND TREATIES OF THE WORLD Act. 837. (Report of a disappearance in case of the loss of an air- craft.) If an aircraft, is lost, the director of the airport. in the district in which the accident occurred or, if abroad, the consular authorities, shall provid1e for the compilation of a report regarding the clisapp~ar- ance and take steps for their transmission to the authority indicated iii the preceding article. If the loss is presumed, the same proceedings shall he compiled and transmitted by the director of the last airport at which the aircraft landed in the Kingdom, or, if the last. airport is in foreign territory, by the consular authorities of the place. In f lie report the above-mentioned authorities shall record the dec.- larations of the survivors, and in case of presumed loss, the ascertain- ment of the information provided for in Article 761; they shall declare whether, in their opinion, on the basis of the circumstances, the miss- ing persons should be. considered to have perished. A it. 838. (Consequences of disappearance.) The consequences of a disappearance from an aircraft or the loss of an aircraft shall be regulated by Articles 211 and 212. TITLE TEN-SPECIAL PROVISIONS ChAPTER I. Tou~is'r FLIGHTS Art. 839. (Exemption from recording a visa, on the log.) Tourist aircraft a.re not required to have, their logs authenticated; but. on leav- ing the pilot must. indicate, to the director of the airport. the next landing place. Art. 840. (Exemption from keeping a log.) Tourist aircraft, equipped only to make short non-stop flights and to return to their take-off airport, are exempted from keeping a. log. Art. 841. (Take-off and landing.) The take-off and landing of tourist aircraft may take place. aiso on private airfields designated for that PlirpO~ by the Air Minister. Art. 842. (Special facilities.) Tourist, aircraft built in Italy are exempt from paying for the right, to leave from, land on, or take shelter on State airdromes and enjoy the services of the personnel without charge.. as indicated by the regulations, and receive the reports of the meteorological services of the State. The regulations shall ~.stablish special customs exemptions for the flight of tourist aircraft. Art. 843. (Foreign aircraft.) Fnder condition of reciprocity, the provisions of this chapter shall apply also to the. foreign tourist air- craft. CHAPTER II. FLIGHT OF GLIDERS ~`1 It, 844. ( Flight and landing.) Gliders may take-off from, and land only omi airfields. i if. 8~. (Exemption from keeping hooks.) Except for the docu- mnemits required by Art i (Ic 711 . gi iders are not required to have, either a lo~l)ook or other books imiduated in Article 773. Art. 846. ( Fa~ihities.) Gliders enjoy time facilities providedi for in Art i(le ~42. Art. 847. (Foreign gliders.) Fnder condiiiomi of reciprocity the pro- visions of this chapter shall apply to foreign gliders. PAGENO="1353" AIR LAWS AND TREATIES OF THE WORLD 1343 BOOK TWO-OWNERSHIP AND OPERATION OF AIRCRAFT TITLE ONE-CONSTIiIITTION OF AIRCRAFT Art. 848. (T)eclaration of construction.) A person undertaking the construction of the aircraft must first notify the Air Minister and specify the factory in which the fuselage and the engines will be built. Such declaration shall be noted in the construction registry kept by the Air Ministry. Att. 849. (Notification of construction to the Italian Air Registry.) In addition to the declaration mentioned in the preceding article, the builder, must~ notify the Italian Air Registry within teii days from the beginning of the work of the construction of aircraft and describe the proposed undertaking. Notice also must be given with regard to alterations and repairs to be made on the aircraft, prior to making them. Art. 850. (Technical control over construction.) The Italian Air Registry exercises teclmical control over such construction within the limits, and according to the rules established by the laws and regula- tions. Art. 851. (Suspension of construction on order of the authorities.) The Minister of Aeronautics may at any time order the suspension of construction if the declaration or notification provided for in Articles 848 and 849 has not~ been made.. He may also order the suspension of a construction which is under the direction of a person who lacks the required qualifications, or which, in the opinion of the Italian Air Regist~r, is not being carried on in accordance with good technical practice or in regard to which the regulations have not been observed. Art. 852. (Form of construction contracts.) A construction contract for an aircraft, subsequent modifications and rescission must be in writing in order to be valid. Art. 853. (Publicity of construction contracts.) Construction con- tracts for an aircraft must be niade public by being recorded in the construction registry. Otherwise, the aircraft shall be deemed as be- ing constructed on behalf of the constructor himself, until otherwise proved. After the recordation has been made, changes and rescission of the contract shall have no effect in regard to third parties who, under whatever title, have acquired and retained rights in the aircraft~ under construction, unless they are recorded in the above-mentioned register. Art. 854. (Form of the title, documents to be delivered and execu- tion of the registration transcription.) In regard to the form of the title to be transcribed, the provision of Article 867', first paragraph, shall apply. In regard to the documents to be delivered to the office and the execution of the transcription in the construction register Articles 253 and 870 shall apply. Art. 855. (Liability of the constructor.) An action for damages against a constructor for defects and hidden flaws must he brought within two years from the delivery of the work. A purchaser who has been made defendant for payments may claim the right to invoke the warranty provided that within the above men- tioned time limits he has objected to the defects and the hidden flaws. PAGENO="1354" 1344 AIR LAWS AND TREATIES OF THE WORLD Art. 856. (Rules applicable to a construction contract.) If not oth- erwise specified in this chapter, the rules on contracts shall apply. Art. 851. (Form and publication of acts affecting ownership of air- cra ft construct ion.) Acts establishing, transferring and extinguishing ownership or other real rights in aircrafts under construction or parts thereof must be in accordance with the forms established in Article 864. To have the effect provided for in the Civil Code, such documents must be published by transcribing them in the Construction Register. ln the same register must be recorded acts and documents for which the Civil Code so provides. The registration shall be carried out in the form and manner es- tablished in Articles 867, 868, and 870. Art. 858. (Test of aircraft.) Upon completion of work, the con- structor or the owner shall request test of the aircraft by the Italian Aviation Register in order to obtain an airworthiness certificate, and in case of gliders, a test certificate. For new types of aircrafts a certificate of approval for that type must be requested. Art. 859. (Registration of aircraft after the test.) The authority, which is requested to register the aircraft in the National Aviation Register after the test, must reproduce in such register and record on the certificate of registration all the information made in accordance with Articles 857 and 1030 in the construction register. Art. 860. (Construction of gliders.) The provisions of Articles 848 to 854, 857 and 859 shall not apply with regard to the construction of gliders. TITLE TWO-OWNERSHIP OF AIRCRAFr Art. 867. (Rules applicable t.o aircraft.) Unless otherwise pro- vided, aircraft shall be subject. to the provisions dealing with per- sonal property. Art. 862. (Appurtenances and separable parts.) Parachutes, tools and instruments, fittings and, in general, all objects intended for the service or the decoration of an aircraft in a permanent manner shall be conside.red appurtenances. The use [of suc.h appurtenances] may be made. by a person other than the owner or by a person who does not have a real right in it. Engine.s shall be considered separable parts. Art. 863. (Rules for appurtenances of foreign property and rights of third parties over appurtenances.) The status of appurtenances and of separable parts of foreign property and t.he rights of third parties in them are regulated by Articles 247 and 248. For the pur- poses of these articles the information in the certificate of registra- tion shall take the place of that of the aircraft. inventory. Art. 864. (Forms of d~uments pertaining to the ownership of aircraft..) Acts of establishing, transferring and extinguishing owner- ship or other real rights in an aircraft, or parts thereof, must. be in writing in order to be. valid. In a foreign country such documents must be executed by the consular authorities. The provisions of the preceding paragraph shall not apply to gliders. Art. 865. (Publication of documents pertaining to ownership of aircraft..) For purpo~e~ of the Civil Code, documents pertaining to PAGENO="1355" AIR LAWS AND TREATIES OF THE WORLD 1345 establishment, transferral or cancellation of property ~i' other real rights in an aircraft or parts thereof shall be made public by recorda- tion in the national aviation register, with an annotation on the registration certificate or, in the case of a glider, l)y recordation in the register or certificates of the Royal National Aeronautics Union [now the Aero Club d'Jtalia.]. In the. same manner shall be made public all other documents and requests for which the Civil Code re- quires registration. Art. 866. (Office competent to effect publication.) The pubhca- tion must be requested from the Air Minister of Aeronautics in regard to aircraft registered in the national aviation register, or with the Royal National Aeronautics Union, in t.he case of gliders. Publication must also be requested from the director of the airport or the consular authority of the place where the aircraft is located or, in the case of gliders, from the loca] office of the Royal National Aeronautics Union of the district where the glider is usually kept. The above-mentioned authorities shall iininedia tel y transmit the pre- sented documents at the expense of the applicant, to the Minister or to the Royal National Aeronautics for recordation in the register. Art. 867. (Form of the title for pitblic.at.ion.) The recordatiori aiid annotation may not. be made except. `by virtue of a. deed title in the form prescribed in Article 2657 of the Civil Code (par. 181). A declaration by the pilot, with an authenticated signature shall be sufficient in the case of a glider. Art. 868. (Documents for publication.) A person requesting publica- tion must. deliver the documents indicated in Articles 253 and 254 to the competent office. Art. 86.9. (Presentation of certificate of registration.) If publica- tion is requested for an aircraft. which has a certificate of registration, the applicant., in addition to delivering the documents stipulated in the preceding article, must present the certificate to the office at which the application is made for the prescribed annotation. However, when publication is requested of the Minister of Aero- nautics and, due to the fact. that. the aircraft. is in another locality, it is not possible to present the registration certificates, the Minister shall make the recordation in the register and shall, at the expense of the applicant, dispatch a telegram to the director of the airport or to the consular authority at the place where the aircraft is located or to which it is flying, so that the. annotation on the registration certificate may l)e made there. Art. 870. (Form of publication.) For the form of publication Article 256 shall apply. The contents of the not.e shall be recorded in the register where the aircraft. is licensed or registered. The contents of the recorded note are inserted in the registration certificate, if any, of the aircraft. Art. 871. (Order of precedence and priority in recordations.) If several documents are published in accordance with the provisions of the preceding articles, precedence, as established l)v the Civil Code, shall be determined by the date of recordation in the national aviation register or in the regist.rat.ion certificate.. PAGENO="1356" 1346 AIR LAWS AND TREATIES OF THE WORLD In case of a discrepancy between the recordations in the register and the annotations on the registration certificate, the information in the register shall prevail. Art. 872. (Joint ownership of an aircraft.) When an aircraft belongs in shares to more than one person, Articles 259 to 264 shall apply. Art. 87-3. (Sale of a share in an aircraft to a foreigner.) A joint owner of an aircraft may not sell his share to foreigners without the consent of all other co-owners. TITLE ThREE-FLIGHT ENTERPRISES CHAPTER I. OPERATOR Art. 874. (I)eclaration of the operator.) Before commencing opera- tion, any pei~on who operates an aircraft must file a declaration iii time form and according to the rules perscribed in Articles 268 to 270, to the director of the airport in whose district the airdrome is located where the. aircraft is usually kept or, if the craft is a glider, to the Royal National Aeronautics Union. `When the operation is not performed by the owner, the declaratio'~ mar be made by the owner unless the operator attends to it. Art. 87g. (Publication of the declaration.) The declaration of op- eration must be recorded in the register kept. by the director of the airport who has jurisdiction in the meaning of the preceding article and must be noted on the registration certificate. For gliders the declaration of operations shall be recorded in the certificate. register kept by the Royal National Aeronautics Union. `When an aircraft is away from the airdrome where it is usually kept. the airport director shall make the recordation in the register, and shall notify by telegram, at the expense of the applicant, the director of the airport or the consular authority of the place where the aircraft is located at that time or toward which it is flying, so that the annotation on the registration certificate may be made there. If there is any discrepancy between the recordation in the register and the annotation on the registration certificate, the information on the register shall prevail. Art. 876. (Presumption of operation.) In the absence of a declara- tion of operation propertly published, the operator shall be presumed to be the owner until the contrary is proved. Art. 877. (Appointment of the commander.) The operator shall appoint the aircraft commander and, at any time, may relieve him of his command. Art. 878. (Liability of operator.) The operator shall be liable for the crew and for the obligations contracted by the commander in regard to the aircraft and its flight. However, the manager shall not be liable for the discharge by the commander of the obligations of assistance and rescue provided for in Articles 981 and 982, or for other obligations imposed by law on the commander as head of the flight. A it. 879. (Use of an aircraft without the permission of the opera- tor.) The operator shall be jointly liable w'ith any person who makes use of the airplane w'ithout his consent, when he has not used due care to avoid such use. However, even in such case the obligation of the PAGENO="1357" AIR LAWS AND TREATIES OF THE WORLD 1347 operator shall be limited to the rules established by the provisions of the second title of Book Three. CHAPTER II. TRAFFIC CONTROL OFFICERS Art. 880. (Duties of the traffic control officer.) In the area of the airport, the traffic control officer shall supervise all matters which con- cern the management. of the enterprise, with the exception of duties conferred on others by the operator. Art. 881. (Publication of powers.) The powers conferred on the traffic control officer, with the authenticated signature of the person conferring them, and subsequent. changes and revocation, must be deposited with the director of the airport, in whose district the traffic control officer exercises his authority, for publication in the register kept for that purpose according to the rules established by the regulations. In case the above-mentioned publication is not made, the functions of the traffic control officer are deemed general within the limits estab- lished by the preceding article, and limitations, changes and revoca- ion may not be invoked against third persons, unless the principal proves that such third person had notice when the event occurred. Art. 882. (Functions of the traffic control officer.) The traffic con- trol officer shall have custody of customs and sanitation documents, of the list of passengers, and of other documents specified in the regu- lations; he also has charge of aircraft books with the exception of the CHAPTER III. THE COMMANDER OF THE AIRCRAFT Art. 883. (Command of an aircraft.) The command of an aircraft may be given only to persons possessing the prescribed qualifications. Art. 884. (Designation of commander.) When the crew of an air- craft consists of several persons of equal rank who may be entrusted with the command, the operator must designate which one of them shall assume the function of commander. Such designation must be noted in the log. Art. 885. (Death or impediment of the commander.) In case of death or impediment of the commander, command of the aircraft shall devolve directly upon the other members of the crew, according to their respective rank until directions are received from the operator or, if there are none, until the next landing, where the airport clirec- tor or the consular authorities shall appoint a temporary commander. Art. 886. (Hiring of a foreign commander abroad.) In a foreign country, the command of a national aircraft may be entrusted to a foreign national in the cases and in accordance with the rules specified in Article 294. Art. 887. (Flight command, representation, and legal powers.) The commander of an airc.raft shall have exclusive authiorit over flight operations and navigation. During landings he must Provide for the safeguarding of the aircraft. The commander shall represent the operator. In regard to persons having an interest in the aircraft and the cargo he shall exercise the po~vers assigned to him by law. Art. 888. (Vital statistics, procedures and testaments.) The coin- inander of an aircraft shall exercise the functions of a vital statistics PAGENO="1358" 1348 AIR LAWS AND TREATIES OF THE WORLD official provided by this Code, and receive last wills and testaments according to the rules of Article 616 of the Civil Code. Art. 889. (Duties of a commander before departure.) Before taking off, the commander must personally ascertain that the aircraft is ready for the flight to be made, and that it is properly equipped and manned. He must also ascertain that the cargo is well loaded and centered and that. weather conditions permit safe navigation. Art. 890. (Board documents and keeping of the log.) The com- mander shall ensure that the required documents relative to the air- craft, the crew, the passengers and the cargo are on board during the trip. He shall also ensure that the log is regularly kept. Art. 891. (Abandonment of an aircraft in danger.) The commander may not order the abandonment of an aircraft in danger until he has tried all means of the art of flying to save it. The commander must. be the last to abandon the aircraft and do everything possible to save the documents on board and valuable ob- jects entrusted to his custody. Art. 89~2. (Limits of the commander's authority.) Except in the places where the operator or his representative with the necessary powers are located, the commander may have necessary repairs car- ried out and purchases made which are necessary for the continuation of the trip, and, when required, he may borrow money to cover such needs. He may also dismiss and hire members of the crew for the remainder of the flight. The presence of the operator or one of his representatives with the necessary powers may be invoked against third parties only when they have notice thereof. However, the presence of the operator in his place of domicile and the presence of the representative in the place for which he has been conferred the duly published powers, are presumed to be known to the interested parties until the contrary is proven. Art 893. (Provisions for flight, safety.) During flight the com- mander must make the necessary provisions for the safety of the air- craft, the passengers, and the cargo. Art. 894. (Sale and mort.gage of aircraft.) A commander may not sell or mortgage. an aircraft without. a special order from the owner. CHAPTER IV. THE CREW Art 89.~. (Members of the crew.) The crew shall consist of the commander and other persons assigned to the flight service of the air- cra.ft.. Art 896. (Composition of the crew.) The composition of the crew shall be determined by the operator depending on the type and employ- ment of the aircraft, in accordance with the rules and within the limits established by special laws and regulations. The composition of the crew of an aircraft which is a public service for the transportation of passengers must in every case be approved by the Air Minister. Art. 897. (Hiring of crew members.) The crew of a national air- craft must consist of persons registered in the rolls or register of flight personnel. Art. 898. (Hiring of unregistered or foreign crew abroad.) In case of necessity, the consular authority in a foreign country may authorize PAGENO="1359" AIR LAWS AND TREATIES OF THE WORLD 1349 the hiring of persons not registered in the rolls or register, even if they are foreign citizens, until the aircraft~s return to its first national air- port, provided, such persons have the prescribed professional rank or a corresponding one. Art. 899. (Hierarchy on board.) The hierarchy of the members of a crew is established by the raiik of the categories specified in Article 732 and, within each category, by the rank of the professional titles indicated in Article 739. TITLE FOUR~LABOR CONTRACT OF FLIGHT PERSONNEL CHAPTER I. FORMATION OF THE CONTRACT Art. 900. (Physical aptitude.) In hiring of persons registered in the rolls or registers of flight, personnel as members of the crew the rules on a medical examination must be observed to ascertain the phy- sical aptitude of the person for the type of work to which he will be assigned on board. The procedures for such examinations are established in the regula- tions. Art. 901. (Aptitude of minors eighteen years old.) With the con- sent. of his fat.her or guardian a minor of eighteen years listed on the register in the fourth category of flight personnel may be employed in complementary services on board, sign contracts t.herefor. and exercise the rights and activities involved. The revocation of consent for registration in the register by the persons exercising paternal or guardianship powers, does not deprive the minor of the abilit.y to exercise the rights and activities under con- tracts previously concluded or to the right, to work until the end of the flight.. Art. 902. (Types and duration of contracts.) A labor contract may be concluded either for a definite or an indefinite period. A contract. shall be deemed to be for an indefinite term if no definite term was justified by the specialty of the relationship. Art. 903. (Form of contracts.) A labor contract. for an undeter- mined time must be in writing. Art. 904. (Contents of contracts.) A labor contract concluded in writing must contain: 1) the name, paternit.y and domicile of the employee: 2) his qualifications and duties; 3) the beginning date of the contract. and, if it is for a prede- termined time, its duration: 4) the duration of the trial period, if any: 5) the amount and manner of payment.; 6) the indication of the collective contract, if any; 7) the date and piace where the contract was signed. CHAPTER II. EFFECTS OF THE CONTRACT Art. 90.5. (Service on board.) An employee shall not be required to perform services other than those for which he is hired. However, while aboard, for better flight conditions. the commander of the. aircraft shall have the right temporarily to use the. members of PAGENO="1360" 1350 AIR LAWS AND TREATIES OF THE WORLD the crew in services different from those for which they were hired, provided they are not disqualified by category and rank. In case of necessity for the safety of the flight, the crew may be used in any capacity whatever. Members of the crew who exercise functions different from those for which they were hired shall have a right to the higher compensation due for such functions. Art. 906. (Tnauthorized loading of merchandize.) The command- er and other members of the crew may not bring merchandise on an aircraft on their own account without the written consent of the oper- ator or one of his representatives. A member of a crew who violates the prohibition of the preceding paragraph must pay twice the price of the transportation current at the place and on the date of the shipment for the same trip and for merchandise of the same kind as that. unlawfully shipped, without thereby affecting the duty to pay damages. Art. 907. (Flight pay.) Flight personnel and persons who are tem- porarily required to render services on board shall, apart from the payment agreed upon. receive flight pay established according to cor- porative regulations, and in absenc.e thereto according to usage. Art. 908. (Arrest of employees.) In the case of arrest of an em- ployee during employment, the employee shall have the right to pay- ment. for the duration in the amount established by corporative laws and regulations, and in the absence thereof, when the arrest is made without any fault on his part for the period of one year. Art. 909. (Illnesses or injuries of employees.) An employee who contracts an illness or receives an injury has the right to treatment at the expense of the operator within the limits established by the corpo- rative laws and regulations, and in the absence thereof, by usage, and to compensation for the duration [of his contrac.t] in the amount es- tablished by the corporative rules or in the absence thereof, by usage. However, if the worker intentionally contracted the illness, or con- tracted the illness or received the injury through his own fault while he was on the ground and not because of his employment., the operator shall still be obliged to provide medical care, but he shall have right to recover expenses. In the cases provided for in the preceding paragraph, employees do not. have a right to compensation for the entire time during which they are unable to work. Art. 910. (Indemnit.y for loss of clothing.) In the case of the loss of clothing or of baggage as a consequence of a flight accident the em- ployee shaH receive indemnification in t.he amount established by cor- porative. regulations and in the absence thereof, by usage. Art. 1111. (Compensation for services in the case of the loss of an aircraft.) An employee who, following the loss of an aircraft, gives his services in recovering the wreckage according to the provisions of Article 81~, shall have the right to special compensation in the amount fixed by the corporative laws and regulat ions, or in the absence thereof, in an amount determined on the basis of the risk incurred, the hard- ships endured, and his usual wages. PAGENO="1361" AIR LAWS AND TREATIES OF THE WORLD 1351 CHAPTER III. TERMINATION AND CANCELLATION Art. 912. (Extension of a contract.) A work contract for a pre- determined period shall lose its effect at the expiration of the estab- lished term; but if the term expires in the course of a trip, the contract shall be extended to the time when the aircraft returns to its point of departure. However, the operator may land personnel at an intermediate land- ing point and assume the expenses of their repatriation. In this case, the contract. shall be effective up to the day of return t.o the. point of departure. Art. 913. (Termination of contrac.t for an indeterminate time by either party.) A work contract for an indeterminate time may be terminated by the operator or the employee provided the other con- tracting party is advised in advance of the terms established by corpo- rative regulations or, in t.he absence thereof, by usage. Art. .914. (Termination of a contract by operation of law.) A con- tract shall be terminated by operation of law: 1) in case of the death of the employee; 2) when the employee is stricken from the rolls or the register, or suspended, or deprived of his professional capacity or of the right to exercise the profession of airman; 3) when a person exercising parental or guardianship power revokes his consent. to allow a minor of 18 years to be inscribed in the register according to Article 735. 4) in case of withdrawal of the license of an employee provided for by the regulations. Art. .915. (Presumption of loss of an aircraft.) `When it. is pre- sumed that an aircraft. is lost, the w-ork contract shall be deemed termi- nated in regard to the presumptive heirs of the employee and of other representative.s as of the day after that on which the last news is received. Art. .916. (Right of an operator to terminate a contract.) An opera- tor shall have the right to terminate a contract at any time or place, but must preserve the rights of the employee. However, in case of arrest, illness, or injury of an employee, t.he opera.to~ may not avail himself of this right, before the end of the period established by the corporative regulations or, in the absence thereof, by usage. Art. 917. (Change of operator.) In case of a change of operators, the new operator shall succeed his predecessor in all rights and obliga- tions deriving from the work contract, but the employee may request termination of the contract. If an aircraft is on a. trip, such termination may be requested only upon arrival on a national airport. Art. 918. (`Wages owed to an employee in case. of termination of con- tracts.) In case of the termination of a contract, the wages, if estab- lished in time, shall be due up to the day of the termination. CHAPTER IV. RIGHTS DERIVING PROM TERMINATION AND RESCISSION OF A CONTRACT Art. .919. (Indemnity in case of termination of a contract. for an in- determinate term by the operator.) In case of the termination of a work contract for an indeterminate time by the operator, an indemnity .`19-'737 0-65--vol. l--86 PAGENO="1362" 1352 AIR LAWS AND TREATIES OF THE WORLD equal to the number of days of pay determined by corporative regula- tions and in the absence thereof, by usage, for every year or fraction of a year of service, shall be due to the employee. Art. 9~O. (Indemnity in case of termination of a contract. for an in- determinate time.) In case of termination of a work contract for an indeterminate time there shall be an indemnity in an amount estab- lished by the preceding article, except when t.he termination is due to a. fact imputable to the employee. Art. 921. (Indemnity in the case of the presumed loss of an air- craft.) If a work contract is deemed terminated according to Article 91~, an inde.nThitv shall be due in the amount established by t.he corpo- rative regulations or. in the absence thereof, equal to two months' salary. The indemnity shall be allotted to the persons indicated in the first paragraph of Article 936, and shall be divided among them in equal parts: lacking the above-mentioned persons, the indemnity shall be payable to the Social Security Fund for aviation personnel. Art. 922. (Indemnity in case of termination of a contract). If the operator avails himself of the right to terminate a contract for an in- determinate time without previous notice according to Article 916, the employee, in addition to the indemnity provided for in Article 920, shall have the right to additional indemnity equal to the wages for the number of days during which notice should have been given. If. in the case. l)rOvide.d for in the preceding paragraph, a shorter notice is given than that required in Article 913, an indemnity shall be due equal to the number of days lacking in regard to giving the required notice. Indemnification shall not be due if the t.erminat.ion of the contract is the fault of the employee. Art. 92.3. (l)e.termiriation of the Indemnity). When, according to the provisions of this code, au indenmit.y is commensurate with the payment established in the work contrac.t, the payment. shall include the wages or the base pay and the other indemnities of a fixed and continuing character, as provided in the corporative rules. CHAPTER V. REPATRIATrON Art. .924. (Obligation to repatriate). When a work contract. ends or is terminated in a different, place from that in which it. was concluded, the operator shall provide for the repatriation of the employee. If the termination of the contrac.t is due to t.he fault of the employee or to illness or injury, in the cases provided for in the second para- graph of Article 909. the operator shall have the right to be reim- bursed by the employee for the expenses incurred by his repatriation. In case the operator fails to provide for repatriation, it shall be carried out at the. expense of the aeronautics authority or the consular authorities. The aeronautics authorities shall issue an injunction against the operator for reimbursement of the expenses sustained by the State. Art. 92;. ((~ouitents of the obligation to repatriate.) The obligation to provide for repatriation of an employee shall include the expenses necessary for the trip, lodging and maintenance up to arrival at t.he destination, as well as during the period of quarantine, if any. PAGENO="1363" AIR LAWS AND TREATIES OF THE WORLD 1353 In addition to the cases provided for in the second paragraph of the preceding article, an operator shall pa an eniploee, (luring his repatriation, a daily amount e~pia.l to the indemnity established in Article 823. In the case of loss of an aircraft the operator shall also furnish the crew with the necessary clothing. Art. 926. (Repatriation of an ill or injured employee.) If an em- ployee is taken off a plane for illness or injury, the commander must deposit. with the aeronautics or consular authorities a suni necessary for his treatment~ and repatriation, as well as the indemnity due him according to the second paragraph of the preceding article. In a foreign country where there are no consular authorities, the commander must. provide for the expenses of an employee during his treatment. and deposit. with the agency or the person entrusted with the treatment the amount indicated in the preceding paragraph. Repatriation taking place before the. employee is completely cured, shall be made according to the prescriptions of the doctor who has been treating the worker; when the trip must be made by sea or air, it shall be on a ship or aircraft. provided with medical services if the medical prescription so requires. Art. .927. (Place of repatriation.) The repatriation of an employee is accomplished with his return to the place where lie was hired. However, if the employee so wishes and it does not increase the ex- pense, the repatriation may be carried out by returning the employee to such other place as he may indicate.. Art. 928. (Repatriation on anot.her aircraft.) The obligation to pro- vide for the repatriation of an employee may be discharged by obtain- ing for the person a paid job on another aircraft w-hich is going to the place of repatriation or nearby. In the latter case the operator must pay the expenses for the return to the place of repatriation. If the wages earned by the employee on board the aircraft on which he has been placed is lower than the pay due him according to the sec- ond paragraph or Article 925, the operator shall make up the dif- ference. Art. 929. (Repatriation of foreigners hired for Italian aircraft.) The provisions of this chapter shall apply to foreigners employed on national aircraft. provided the States of which they are citizens assure equal treatment t.o Italian cit.izens. CHAPTER VI. GENERAL PRovIsIoNs Art. 930. (Transfer attachment. or seizure of wages due an em- ployee.) The wages of an employee. may be transferred, attached or seized up to one fifth of their amount and only for provisions owed by law and certain debt.s w-hich may be collected from the operator because they contracted on his behalf. The amount. owed by the operator for the repatriation of a worker, or the expenses of his treatment, may not be transferred, attached or seized even within the limits estabilshed by the preceding paragra~)h. Art. 9.31. (Clothing and tools may not be seized or attached.) In ad- dition to the articles w-hich, according to the Code of Civil Procedure PAGENO="1364" 1354 AIR LAWS AND TREATIES OF THE WORLD and special laws, are not subject. to seizure or attachment, the follow- ing may not be se.ized or attached for any reason: 1) clothing of flight personnel needed for their service on board; 2) instruments and other objects belonging to flight personnel and used in their profession. Art. 932. (Exercise of right.s by heirs and other representatives in case of presumed loss of an aircraft.) The rights of presumptive heirs of an employee and other representatives when an aircraft is pre- sumed lost., may be enforced only after cancellation of the aircraft in the register. Art. 933. (Effect of call or recall to military duty.) The effect on a work cont.ract~ of a call or recall to military duty of an employee, and the treatment of the employee in such cases are determined by special laws, by the corporative regulations, or in the absence thereof, by usage. Art. 934. (Preference in hiring.) Flight personnel who are con- sidered to be no longer qualified for flight service, including illness, shall have a right to preference within the limits of their aptitudes in the hiring of non-flying personnel. Art. 93.5. (Requirement of insurance.) The operator shall insure personnel who regularly or occasionally navigate attached to the flight service against flight, risks, according to the rules and within the es- tablished limits of the corporative regulations. Such insurance shall relieve the operator from liability for flight accidents of the personnel in the cases provided for by the law on com- pulsory insurance for accidents on the job. For risks other than those of flying, the provisions of special laws shall apply. Art. 936. (Rights of beneficiaries.) The spouse and children of an insured person shall be beneficiaries of the right to insurance in case of the death of the. insured person as specified in the preceding article. However, at the time when the policy is taken out., or afterward, the insured person may designate the beneficiary for one third of the in- surance if he has children or a spouse and children, and for one half if he only has a spouse. In case of subsequent marriage or birth of children, the rights of the beneficiary designated in the policy shall be reduced to the portions in- dicated in the preceding paragraph. The division of the insurance indemnity between the spouse and children is made in equal parts. Art. 937. (Statute of limitation.) The rights deriving from a work contract of a member of the flight personnel shall terminate at the end of two years after the day of the landing at the place where he was hired, following the. expiration or termination of the contract.. The statute of limitations on the rights clue to the presumptive heirs of the employee and to other representatives, in case of the pre- siimed loss of an aircraft, shall run from the date of the cancellation of the aircraft in the register. Art. 9.38. (No departures mar be made from rules.) The provisions of Articles 901) to 90~. 909, second paragraph, 911, 924 to 932, 935 and 936, either by the corporati~-e rules or individual work contracts, shall not be. derogated. PAGENO="1365" AIR LAWS AND TREATIES OF THE WORLD 1355 The provisions of Articles 908, 909, third paragraph, 911 to 916, 918 to 923, and 934, may be derogated by corporative regulations; they may not be derogated by individual work contracts except in favor of the employee. BOOK THREF~-OBLIGATIONS CONCERNING THE MANAGEMENT OF THE NAVIGATION TITLE ONE-CONTRACTS OF ISE OF AIRCRAFT CHAPTER I. LEASE AND CHARTER Art. 939. (Form of Contract. Referral [applicable provisions].) The lease and charter of an aircraft shall be made in accordance with the provisions of Articles 376 to 383; 384 to 395, and contracts shall be in writing in every case. CHAPTER II. TRANSPORTATION SECTION I-TRANSPORTATION OF PERSONS AND CARGO Art. 940. (Form of contract.) A contract. of transportation of per- sons must be in writing. However, the ticket. issued by the carrier shall prove the conclusion of the contract for the trip indicated on the ticket itself. Art. 941. (Insurance of passengers against, flight risks.) The op- erator of regular air line services must insure each passenger against t.he risks of the flight for the amount of five million two hundred thou- sands liras. If he fails to fulfill such obligations, lie must pay the indemnity and the amounts, which would have been paid by the insurer within the limits of the provisions related to obligatory insurance of passengers.9 Art. 943. (Carrier's liability in the transportation of persons.) The carrier shall be held liable for damages arising from delay and negli- gence in the execution of the transportation as well as from accidents which may befall a passenger from the. beginning of the operation of embarkation until the completion of landing, unless lie proves that he and his agents took all the possible and necessary measures and due care to avoid such accident. Art. 943. (Indemnity limits in the transportation of persons.) The compensation due by a carrier in case of liability not caused by fraud or gross negligence on his part. or that of his agents, shall not be more than five millions two hundred thousands liras for each person. In the same case, if the carrier has fulfilled his insurance obligation as specified in Article 941, the compensation due by him for accidents suffered by a passenger shall not exceed the difference between the above amount. and the amount due to the injured party on the basis of the insurance contract.t° Art. 944. (Liability and limits of compensation in the transporta- tion of luggage not. consigned to the carrier.) The carrier shall be held liable for the loss and damage of luggage not consigned to him as well ~ This Article has been thus amended by Art. 3 of Law No. 202 of April 16, 1954: see s1~n Law No. 229 of April 4, 1957. 10 This Article was thus amended by Article 4 of the Law No. 202 of April 16, 1954. PAGENO="1366" 1356 AIR LAWS AND TREATIES OF THE WORLD as for objects in general that a passenger carries with him from the moment of embarkation until landing when the passenger is in a position to prove that loss or damages may be imputed to the carrier. However, the compensation due by the carrier for cases in which fraud and gross negligence on his part. or that of his employees are not involved shall not. be more than two huNdred thousands liras for each passenger.11 Art. 945. (Liability and limits of compensation concerning con- signed luggage.) The liabilit.y of t.he carrier in the transportation of luggage consigned to him and the corresponding limits of compensa- tion shall be governed by the provisions related to liabilities and limits of compensation applicable for the transportation of goods. Art. 946. (Loss and damage to luggage.) Loss of and damage to luggage consigned to a carrier during transport must be ascertained in a written claim within three da.ys and damage caused by delay within fourteen days from reconsignment. In the absence of such claim the provisions of the last. paragraph of Article 954 shall apply. Art. 947. (Gratuitous transportation.) The provisions of the pre- ceding articles shall also apply to a contract for gratuitous transporta- tion. Art. 948. (Depart.ure from liability provisions.) The provisions concerning the liability of the carrier and the limits of compensation in the transportation of passengers may not be changed in the carrier's favor. The provisions regarding the liability of the carrier and the limits of compensation in the transportation of luggage may be changed in favor of the carrier only in domestic transportation. Art. 949. (Referral to other applicable rules.) The provisions of Articles 397 to 418 shall apply to the t.ransportation by air of persons and luggage in the absence of pertinent provisions in this section. SECTION Il-TRANSPORTATION OF GOODS Art. 950. (Form of c.ontract.) Carriage contracts must be in writ- ing. Art. 951. (Carrier's liability.) The carrier shall be liable for loss of and damage to goods consigned to him for transportation from the time in which he receives them to the time when he delivers them to the consignee as well as for damages due to delay unless it can be proven that. he or his employees took all possible and necessary meas- ures and due care to prevent loss and damages. The carrier shall not be liable even if it is proved t.hat the loss, dam- a.ge, or delay were caused by a slight error in piloting, guidance and navigation, or when it is proved t.ha.t the loss, damage, or delay were due to any cause whatsoever during the transportation by land or sea carried outside the airdromes in the execution of a contract. of car- ria.ge by air, for the loading, unloading and transit. shipment, except for the application of provisions governing liability for carriage by la.nd and sea. ii This Article was thus amended by Article 5 of the Law No. 202 of April 16, 1954. PAGENO="1367" AIR LAWS AND TREATIES OF THE WORLD 1357 Art. 952. (Limits of compensation.) The. compensation due by a carrier in case of liability not. caused by fraud or gross negligence on the part. of the carrier or his employees shall not be more than ten thousand liras for each kilogram of goods carried or a higher amount corresponding to the actual value of the transported goods as declared by the shipper before loading. TJntil proved otherwise, the value declared by the shipper shall be presumed to be the actual value of the transported goods.12 Art. 953. (Departure from rules governing liability.) The provi- sions governing liability in the transportation of goods may be changed in favor of the carrier only in the case of domestic transportation. Art. 954. (Loss of and damage to transported goods.) Loss of, and damage to goods during transportation must be declared by the person who has the right, of delivery by means of a written claim or annota- tion on the carriage voucher within seven days from the day of the delivery. Damages caused by delay must. be declared in a similar manner within a. period of 14 days. In the absence of such claim or annotation, goods shall be presumed to have been delivered by the carrier in due time and in conformity with statements made in the carriage voucher and the interested party shall be barred from any action except when fraud is involved. Art. 955. (Referral.) In the absence of provisions in this Section, Articles 425 to 438, and 451 to 456 shall apply to carriage by air. SECTION Ill-AIR CARRIAGE DOCUMENTS Art. 956. (Transportation document.) In the transportation of goods the shipper may request the carrier to issue a letter of air car- riage or as many air carriage letters as there are the pieces to be transported. Art. 95?. (Compilation of the bill of lading.) The shipper shall prepare a bill of lading in triplicate, and in pursuance to letters (b), (c), (d), (e), (h), (i), and (1) of the following Article. When the goods are taken in consignment, the carrier shall be obliged to complete the bill of lading with the remainder of inforrna- tion provided for in the preceding Article. The sender shall be liable to the carrier for damages caused by omis- sions and inaccuracies in the proper information as specified in the first. paragraph. Art. 958. (Information on bill of lading.) The bill of lading must be dated and signed by the person who issues it and must state the following: (a) name and residence of the carrier; (b) name and residence of the shipper; (c) place and destination, and when the bill is issued to a par- ticular person, the name and residence of the consignee; (d) nature, quality and quantity of goods to be transported as well as the number, w-eight and dimensions of pieces and their manner of marking; (e) apparent conditions of the goods or the packaging; (f) place and date of loading: 12 ThIs Article was modified by Article 6 of the Law No. 202 of April 16, 1954. PAGENO="1368" 1358 AIR LAWS AND TREATIES OF THE WORLD (g) transportation cost, as well as the date and place of payment and the person making it (h) pl'ice of the g~ds and amount. of costs, if the transporta- tion is made cash on delivery: (i) declared value, if any; (1) documents consigned to the carrier with the. bill of lading; (m) duration of the transportation and a summary indication of the route to be followed in case this has been agreed upon. Art. 959. (Date of loading.) If the bill of lading does not. indicate the loading date then the day of issuance [of the note] is presumed to be the day of issuance unless proved otherwise. Art. 960. (Probatory effect of the bill of lading.) The information on the bill of lading regarding the number, weight and dimensions of pieces as well as the conditions of the packaging shall be prima fade evidence until proved otherwise; those regarding the nature, quantity and quality as well as the condition of the goods shall not be used as evi- dence against the carrier unless lie has verified it himself in the pres- ence of the shipper or they are included in the bill of lading or the information states the apparent condition of the goods. Art. 961. (Originals of the bills of lading.) The bill of lading shall be issued in three original copies. The first must bear the indication "for the carrier", and must be signed by the shipper and consigned to the carrier: the second must bear the indication "for the consignee" and must be signed by the shipper and the carrier; it shall accompany the goods to be transported: the third shall be signed by the carrier and be given to the shipper on acceptance of the goods for transporta- tion. The original issued to the shipper pursuant to Article 964, gives to the holder the right to delivery of the goods therein specified, to their possession and the right to dispose of them in accordance with title thereto. Art. 962. (Form and transfer of the original bill of lading issued to the shipper.) The original of the bill of lading given to the shipper may be to the holder, on order, or to a particular person. The transfer of this original may be made in the manner and with the results provided for by the Civil Code for instruments of credits to bearer, order or nominative. However, for the transfer of a nominative bill of lading its annotation in the shipper's register pro- vided in Article 2022 et .~eq. of the Civil Code is not required. Art. 963. (Duplicates of the bill of lading.) Duplicates of the original bill of lading given to the shipper may be issued upon request of the person who has the right to dispose of the title. However, duplicates shall not confer the rights indicated in the second paragraph of Article 061. Duplicates are not transferable and must contain explicit mention of such nontransferability, and must be distinguished and marked by the serial number of issuance. Art. 964. (Acknowledgement of the holder of the bill of lading.) The holder of the transferable original of the bill of lading shall be entitled to exercise the right mentioned in the title by presenting the title itself or by a successive series of endorsements, or on the basis of the name in which it is made out, according to whether it is made out. to holder, on order, or nominative. PAGENO="1369" AIR LAWS AND TREATIES OF THE WORLD 1359 TITLE TWO-LIABILITY FOR DAMAGES [CAUSED] TO TIlTED PERSONS ON THE GROUND OR FOR DAMAGES CAUSED BY COLLISION CHAPTER I. LIABILITY FOR DAMAGES TO THIRD PERSON ON THE GROUND Art. 965. (Liability of the operator for damages to third parties on the ground.) The operator shall be liable from the take-off until laud- ing for damages caused by the aircraft to persons and property on the ground, including those resulting from acts of God. However, liability shall be excluded when (a) the operator proves that the damages were caused intentional1 without connection with the operation of the aircraft by persons extraneous to the crew on board, and that he himself and his employees were unable to prevent them; (b) where the operator can prove that the damages were the fault of the damaged party. Art. 966. (Contributory negligence of the damaged party.) If the act of the damaged party was a contributory cause to the. damage, the amount of compensation shall be decreased in pro~)OrtiOn to the serious~ ness of negligence and the importance of its consequences. Compensation shall not be due for damages which the damaged party could have avoided by using ordinary care. Art. 967. (Limits of total compensation.) The total compensation due by a c.arrier provided for in Article 965, shall be limited for each accident to t.en thousands lire per kilogram of the weight. of the air- craft plus that of the maximum load as indicated in the airworthiness and test certificates. When the amount fixed on the basis of t.h~ weight. of the aircraft is less than twenty-five million lira.s, or more than eighty million liras, the carrier shall remain liable for the balance until payment of such amount. If the damage is caused by a tourist aircraft. or by a. glider, the minimum limit is reduced to ten million liras.'3 Art. 968. (Division of claims by creditors.) Creditors for damages caused by accidents to persons, shall have, a claim, w-ithin the. maximum limit of eight. million liras for each person of two thirds of the amount reserved for t.he total compensat.ion due by the carrier: the. creditors for damage. to goods, shall have claim to the remaining one third. However, if the mount of credits due for damages to goods is less than one third, those credit~ors for accidents caused to persons w-it.hin the individual maximum limit. indicated, shall have a claim to such amount. Likewise, if the amount. of credits for damages to persons is less than two thirds, the creditors for damages to goods shall share the remainder.14 Art. 969. (Proportional reduction of credits.) When the total amount of compensation due to third persons who have, suffered dam- ages in the same accident. is greater than the limits provided for in Article 967, the amount. due to each one shall be reduced proportionally up to the total extent of the same limits. Art. 970. (Preference.) In the preference of creditors for a limited amount., the c.redits of the third pa1~ties damaged who have, given formal notice to the carrier or have, in some. other way, made. a claim `~ This Article has been thus amended by Article 7 of the Law No. 202 of April 16, 1954. `~ Thus amended by Article 8 of the Law No. 202 of April 1G. 1954. PAGENO="1370" 1360 AIR LAWS AND TREATIES OF THE WORLD to their rights within six months from the day of accident, shall be preferred to the cre.dit.s of third parties damaged who have given such notification or claimed their rights at a later date. Art. 971. (Exclusion of the limitation on compensation.) The limita- tion on the compensation provided for in Article 967 shall not apply: a) when the damaged party has proved fraud or gross negli- gence on the parts of the carrier, his employees or agents, and carrier is unable to prove that t.he damage is the result. of error in piloting, guidance or navigation; b) when the damaged party has proved fraud or gro~ negli- gence of the employees or agents, and the carrier cannot prove that. he has taken all precautions necessary to prevent, the damage; c) when the carrier has not contracted for, or maintained in effect the insurance required in Article 798, or when the insurance does not. cover the liability of the carrier in t.he. manner and to the extent provided for in the preceding articles. Art. 972. (Cases of the inapplicability of the preceding provisions.) The preceding provisions shall not apply when the liability between the carrier and the damaged party is regulated by a labor contract, a carriage contract., or some other contract.. Art. 97.1. (Statute of limitation.) The right, to compensation for damages to third pei~o~~ on the ground shall expire one year from the cia. when the damage occurred. however, if the damaged party proves that it was impossible for him to receive notif-ication of the damage or to identify the responsible palty. the term shall start from the day of such information or identi- fication. Iii any event, the right, shall expire three years from the day on which the accident occurred. - CHAPTER II. LIABILITY FOR DAMAGES CAUsE] BY CoLusIoN Art. 974. (Damage caused by collision, explosion or similar causes.) In case of collision between aircraft in flight., or a flying aircraft and a vessel in motion. Art ides 4~ to 487 shall apply. The same provisions shall apply when the damages have been caused by explosion or some similar cause, even if actual collision did not occur between aircraft. in flight, or the thing aircraft anti the vessel in motion. For the PurPoses of the prece(ling paragraph, an aircraft. shall be deemed in flight from the time of its takeoff until the landing is acrom 1)1 ishecl. Art. 97g. (Limits of compensation.) The total amount of compensa- tion due from a carrier shall be limited in any accident to the amount of ten thousand liras per kilogram of the weight of the aircraft in- cluding the weight of tile Illaximunl cargo. in accordance with the mdi- catiomis of the airworthiness and test certificates. When the amount e~tal,i isheti on the basis of the weight of the air- craft is less tilall t ~veiitv-fi ye million I iras or more tluui eighty-three million liias, the ~ 1 crier shall l)e liable up to the total of such amounts. If the case concerns a tourist aircraft or a gli(ier tIme miiiiiiiuni limit shall he reduced to temi million hiras.1~ ~ This article has been thus amended by Article 9, of Law No. 202 of April 16. 1954. PAGENO="1371" AIR LAWS AND TREATIES OF THE WORLD 1361 Art. 976. (Preference of creditors:) Articles 968 to 970 shall apply to the order of creditors on the limited amount. However, the com- pensation for damages to persons shall not exceed five million two hundred thousan(l liras for each person. Art. 977. (Exclusion from limitation.) The pro\ sioris of letter (a) and (h) of Article 971 shall apply as to causes for exclusion from the limitation. Art. 978. (Damages to third persons on the ground caused by col- lision.) In the cases provided for in Article 974, when third persons have been injured on the ground, the carriers shall be jointly liable, even when the injuries were caused by an Act of God. The compensation shall be. divide(l between the carriers according to the seriousness of the negligence committed respectively by the car- riers or by their employees or agents in relationship to the consequences of such negligence; or it shall be divided in equal parts if the damage was caused by an Act. of God, or if given the circumstances, it is not possible to ascertain the existence of the negligence. or the gravity of the respective negligence and the relative consequences. Art. 979. (Debarrrnent from action of recourse.) A carrier shall lose the right of appeal against the other person obligated if he does not not.ify him within three months of the claim submitted to him by the damaged party. rfl.Iis right, shall expire one year from the day of payment of corn- pensa.t ion to the. damaged party. Art. 980. (Limitation of debt in relationship to carriers.) The limits provided for in Article 975 shall apply also in regard to carriers jointly liable under Articles 484 and 978. TITLE TIIREE-ASSISTANCE, SALVAGE AND FINDING OF WRECKS CHAPTER I. ASSISTANCE AND SALVAGE (RESCUE) Art. 981. (Duty to assist ships and aircraft in danger.) Assistance to ships or aircraft on the sea or inland waters, which are in danger of being wrecked, or to an aircraft crashed ~r grounded iii a desert area shall be compulsory to the extent that it does not jeopardize the safety of the assisting aircraft, its crew aiicl passengers, except. in the case provided for in Articles 485 and 974, when I)ei'SOflS on board the ship or the aircraft are in danger. An aircraft commander who, during the voyage or when ready for del)arture, receives news of the danger to a ship or an aircraft shall be bound under the aforenientionecl circiinistimnces and liniita- tions to rush to render assistance when he can reasonably foresee useful result, unless he is informed that such assistance is being given by others undei' more suitable, or conditions similar to those under which he himself could render it. Art. 982. (Duty to rescue and help I)~SO~S in danger.) \Vhen a vessel or aircraft in danger is totally unable, respectively, to sail or take flight, the commander of the assisting aircraft shall, under the circumstances within the limits indicated in the preceding article, attempt rescue and when this is impossil)le, assist the persons. Equally, he shall be duty bound, within the same limitations, to attempt to rescue or give assistance to persons who are in danger of being lost at sea or on inland waters. PAGENO="1372" 1362 AIR LAWS AND TREATIES OF THE WORLD Art. 983. (Indemnity and compensation for assistance to a vessel or aircraft.) Assistance to a vessel or an aircraft which is not given in view of an express and reasonable refusal of the commander, shall give a right, within the limits of the value of goods or property salvaged, to compensation for damages received and to reimbursement of the expenses incurred, as well as to a reward if the assistance has proved even partially useful. The reward is fixed in proportion to the success obtained, to the risks run by the assisting aircraft, to the efforts made and the time employed, and to the general expenses of the enterprise, if the air- craft is employed for the purpose of assistance, as well as of the danger to the property and its value. Art. 984. (Indemnity and reward for salvage of property.) The salvage of goods which has not been carried out in view of the ex- press reasonable refusal of the owners of the property or of the com- mander of the vessel or the aircraft in danger, shall give a right, within the limits established in the preceding article, to compensation for damages and to reimbursement of expenses as well as determined in accordance with the regulations of the previous article in cases when even a partially useful result has been achieved. Art. ~85. (Indemnity and compensation for assistance to, or rescue of persons.) Assistance to, and rescue of persons shall give a right to compensation for damages suffered and to reimbursement of ex- lenses incurred by the rescuing aircraft only in the cases and within the limits in which the amount is covered by insurance or by the liability of the carrier if he has not. fulfilled his insurance obligation in accordance with Article 941. These cases, or others when there have been operations of assistance to ships or aircraft or of salvage of goods, assistance to, or rescue of persons, which have led to a useful result.~ shall further give a right to a reward, respectively, within the limits of the residual amount covered by insurance or by the liability of the carrier, after deduction of the amounts due for damage compensation and reimbursement of expenses. and within the limits of a. quota equitably established of the reward relative to other operations. The compensation shall be de- termined in proportion to the risks incurred, the efforts made, and the time employed, as well as to the danger threatening the persons as- siste.d or rescued. Art. 986. (Validity of contractual determination of a compensa- tion.) The determination of a compensation made by agreement or through arbitration shall not be valid with regard to crew members who do not accept it unless it has been approved by a trade union rep- resenting them. Art. 987. (Concourse of operations and of rescuers.) When an aircraft, at the same time, has given assistance to a vessel or an aircraft and to persons, oi~ goods have been salvaged and persons rescued, or assista.iice has been given to a ship or aircraft or to persons and goods have been salvaged and persons rescued, the amount of damages and of expenses shall be equitably divided among the various operations. When several aircraft participated in the same operation of assist- ance or salvage, the pi'ovisioi~s of Article 970 shall apply to the prefer- ence of the. rescuers. PAGENO="1373" AIR LAWS AND TREATIES OF THE WORLD 1363 Art. 988. (Repartition of the compensation.) If the aircraft was not equipped for giving aid, compensation for assistance or salvage, shall be paid as follows one third to the carrier and two thirds to the crew, among whom the amount shall be divided in accordance. with the amount~ of assistance given by each one. The share of the compensa- tion to be divided among the crew members may not be fixed by agree- ment at~ less than half of the e.ntire compensation. Art. 989. (Expenses sustained for compensations and rewards.) The amount spent~ for the compensation and reward given to aircraft for assistance to a vessel or an aircraft shall be divided among the parties interested in the expedition pursuant to Article 469 et seq. even when the assistance was not requested by the commander of the ship or air- craft in danger, or was given against his wish. Art. 990. (Aircraft of the same owner or carrier.) The preceding provisions shall apply, as far as possible, when the assisting aircraft and the assisted one belong to the same owner or are operated by the same carrier. Art. 991. (Right of action of the crew-.) If a carrier cannot, or neglects to act to obtain compensation for assistance or salvage, the crew members shall have the right~ to action for the part which is due to them. Art. 992. (Statute of limitation.) The right to compensation and reward for assistance or salvage expire two years from the day on which operations were terminated. CHAPTER II. FINDING OF WRECKAGE Art. 993. (Rights and duties of the finder.) Whoever by chance finds aircraft wreckage outside the localities indicated in Article 510, must, within three days of the discovery, report such discovery to the aeronautics authorities of the place or, in their absence, to the mayor of the municipality and, if possible, deliver the found objects to the owner, and if the latter is unknown to him and the value of the objects is more than fifty hiras, the delivery must be made to the above-men- t.ioned authorities. A finder who carries out the duty of reporting and delivery shall have a right to reimbursement of the expenses incurred and to a ~pre- mium equal to one tenth of the object's value up to ten thousand bras, and to one tw-entieth above it. Art. 994. (Custody and transmittal of found objects.) The aero- nautics authority who receives the found objects has the duty to pro- vide for their custody. When the ow-ner does not claim the found objects within the terms established by the authority, or does not appear within six months from the day of the published announcement in case the ow-ner is un- know-n, the authority shall, pursuant to the regulations, transfer the wreckage [objects found] to the State safe for the right of the finder to comnpensat ion or reward as established in the preceding article. Art. 69g. (Statute of limitation.) The right to reimbursement of expenses and the payment of the reward expires two years from the day of the discovery. PAGENO="1374" 1364 AIR LAWS AND TREATIES OF THE WORLD TTTLE FOFR-INSURANCE CHAPTER I. C0MPFI.soRY INSURANCE OF PASSENGERS Art. 996. (Floating policy insurance [Assicurazione in abbona- mento].) The floating policy insurance taken out by a carrier in fulfillment of the obligation provided for in Article 941 shall apply to all passengers transported by aircraft in service on all air lines oper- ateci by him. The carrier shall monthly submit a numerical list of passengers transported to the insurer, and enclose therewith, for every trip made during the month, a copy of the passenger list as provided for in Article 771. (e). Art. 997. (Liability.) The insurer shall be liable for the death of a passenger resulting from injuries received during a flight because of violent external causes, provided the accident was not due in part or entirely to the intent of the passenger. The liability shall run from the moment when the passenger enters the vehicle for land or water transportation provided by the carrier to reach the airport of departure or to embark on the aircraft until, by said vehicle, the passenger, after landing, reaches his place of desti- nation. Art. 998. (Insurance indemnity.) The insurance must. cover pas- sengers up to the amount of five million, two hundred thousand liras. To recover the indemnity the carrier may act for the passenger against, the insurer.16 Art. 99.9. (Indemnities and assistance compensation.) In addition to the limits established in the preceding article, the insurer is liable for indemnities and compensations due for assistance to, or rescue of a passenger up to an amount of two million liras. However, the total amount. of indemnities and compensations due by the insurer for one accident to an aircraft shall not exceed twenty million liras. The insurer shall also be held liable for indemnities due for acts of assistance or salvage even when unsuccessful up to a total amount of two million liras for the same accident. to the same aircraft.'7 Art. 1012U. (Recovery of insurance from a carrier.) The insurer may take action of recovery against a carrier for an indemnit.y paid to a passenger when the damage resulted from intent and gross negli- gence of the carrier or his employees or agents. CHAPTER II. INSURANCE OF GOODS Art. lOUl. (Insurance of aircraft, goods and freight.) Aircraft insurance shall cover the aircraft as well as its equipment and sepa- rable parts. The insurance on merchandise shall cover the price of the same at the time and place of loading, increased by ten per cent as a possible profit, as well as the expenses for loading the merchandise by prepaid freight and due in any event, and of the premium and insurance costs. The insurance on freight to be earned is presumed, until the contrary is proven, to be contracted for the whole amount established, by the charter of the aircraft. 15 This Article has been amended by Article 11 of the Law No. 202 of April 16. 1954. 17 This Article was thus amended by Article 12 of the Law No. 202 of April 16, 1q54. PAGENO="1375" AIR LAWS AND TREATIES OF THE WORLD 1365 Art. 1002. (Aircraft in a hangar.) The insurer of an aircraft dur- ing the time when it. is in a hangar or some other enclosed areas shall be held liable oniy for fire risks. Art. 1003. (Damage to flight instruments and to the. motor-propul- sion group.) The insurer of an aircraft shall not, be held liable for damages to instruments on board which are not caused by flight accidents. Likewise, the insurer may not be held liable for damages to the engines, radiator, oil and fuel tanks, to propellers as well as to all other parts necessary for the normal functioning and protection of t.he en- gine itself which were not due to external causes which upset normal functioning of the aircraft. How-ever, the insurer shall be held liable for damages due to acci- dents caused by one of the above mentioned breakdowns. Art. 1004. (Duration of aircraft insurance by the trip.) Aircraft insurance stipulated by the trip shall be in effect from the start of the takeoff maneuvers to the termination of those for handling at the place of destination. The insurance shall be suspended if the trip is temporarily inter- rupted unless the interruption is inchided in the policy or is due to accidents for which the insurer is liable or to atmospheric conditions preventing safe navigation. Insurance stipulated on the basis of a trip started shall begin at. the hour indicated in the contract or, in the. absence thereof, at twenty-four hundred hours (midnight) of the day of its conclusion. Art. 1005. (Duration of insurance of goods.) The insurance of goods shall be in effect from the time when the merchandise is taken into consigiiment by the carrier until the time when it is delivered to the consignee in the warehouses of the carrier and, in any event, not later than 48 hours after its arrival in said warehouses. If the aircraft. on which the merchandise has been loaded c.annot continue the trip and the merchandise is forwarded to its destination by land or water transportation, the insurance shall also cover the risks of such transportation. Insurance stipulated on a trip basis shall start from the hour indi- cated in the contract. or, in its absence, at. twenty-four hundred hours (midnight) of the day of its conclusion. Art. 1006. (Abandonment of an aircraft.) The insured may re- linquisli an aircraft to the insurer and claim indemnity for total loss in the following cases: a) when the aircraft is lost or has become totally unable to fly and cannot be repaired, or the nieans for repairing it on t.he spot are lacking and cannot be obtained elsewhere., and the aircraft cannot be transported to a. place where there are such means; b) when an aircraft is iresiiinecl dest roved c) when the total repair costs for damages suffered by the air- craft. amounts to four-fifths of its insurable. value. Art. 1007. (Abandonment of goods.) The insured may abandon merchandise to the insurer and request. indemnity for total loss in the following cases: a) When the merchandise is totally lost: b) when t.he aircraft is presumed destroyed (lost.) PAGENO="1376" 1366 AIR LAWS AND TREATIES OF THE WORLD c) when in the cases provided for in (a) of the preceding Article, 15 days from t.he date of the loss, or loss of airworthiness have passed for perishable, goods, and 30 days for non-perishable goods and the same have not been recovered and forwarded to their destination; d) When, independently of any cost, the damages for deteriora- tion or loss in quantity constitute more than three.- fourths of the insurable value. Art. 1008. (Abandonment of freight.) The insured may relinquish to the insurer the freight. and claim indemnity for total loss in the following cases: a) when the right, to t.he. freight. has been totally lost by the insured; b) when the. aircraft. is presumed destroyed (lost). Art. 1009. (Manner of abandoning an aircraft.) The statement of abandonment of an aircraft. and that by which the insured declares that. he doe.s not. want to acquire possession of t.he aircraft itself, must. be made in t.he forms prescribed in Article 864 and made publicly known in accordance with Article 865 et seq. CHAPTER III. INSURANCE FOR DAMAGES TO THIRD PERSONS ON THE GROUND AND FOR COLLISIONS SECTION I-COMPULSORY INSURANCE FOR LIABILITY FOR DAMAGES CAUSED TO THIRD PERSON ON THE GROUND Art. 1010. (Document. proving the insurance.) In the insurance for damages to third persons on the ground, in addition to the policy, the insurer must. issue to the carrier a statement containing the ele- ments of the. insurance for purposes provided for in Article 798. In the case of disagreement the statement of the document authenti- cated by the Minister of Aeronautics shall prevail over those con- tained in the insurance contract with regard to the duration and terri- torial extension of the insurance. Art. 1011. (Damages covered.) The insurer shall be liable within t.he limits a.nd in the measure established in Articles 965 to 967 for damages suffered by third persons on the ground even as consequence of a collision. Art. 1012. (Damages excluded.) The insurer shall not be liable for damages incurred outside the territorial limits indicated in the state- ment of t.he insurer, except when such limits were exceeded because of an Act. of God, for purposes of assistance or salvage, or a mistake in piloting, guidance, or navigation. Likewise., the insurer may not be held liable for damages which are a direct. result of armed international conflicts or civil riots. Damages resulting from fraud and gross negligence of the carrier and his employees and agent.s, or when fraud and gross negligence of the latter were involved, or when damages result. from errors in piloting, guidance or navigation, or when the carrier has taken the proper measures to avoid them, shall be excluded from insurance. Art. 1013. (Change in the person of the carrier.) In case of a change in the person of the carrier who contracted for the insurance this shall be continued with regard to the new carrier. PAGENO="1377" AIR LAWS AND TREATIES OF THE WORLD 1367 However, the previous and the new carrier must give immediate notice of the change to the insurer. The insurer, after receiving the notice may within 15 days revoke the contract, by giving 15 days' notice. The new carrier has the same right from the day of the change. The insurer and the carrier who gives notice of revocation~ must immediately notify the Minister of Aeronautics of the matter. If the insurer is not notified, the insurance shall contmue with regard to new carrier but the latter is jointly liable with the former for the payment when it is not proved that the insurer, aware of the change, has not revoked the contract in the terms and the manner established below. Art. 1014. (Extension of aviation insurance policy which expired during a trip.) Insurance which expires when an aircraft is traveling shall be automatically exteiided until completion [of the landing] at the place of destination, but the carrier must pay a supplementary premium proportionate to the premium established in the contract. Art. 1015. (Rights of a third party against the insurer.) A third damaged party shall have a right to bring action against the insurers for damages suffered. The insurer may iiot invoke against the third party any cause for rescission or aunullme.nt of the contract having retroactive effect. In any other case of rescission of a contract, the rescission shall be held valid against third parties for ~cciclents which occurred up to the momeiit when the insurance stateineiit was withdrawn by the Ministry of Aeronautics but., in any event, not later than 15 days from the day oii which the insurer notified the Ministry of the rescission which had taken place. In addition, the insurer shall me bound to pay indemnities to third parties even in case the damage is considered excluded according to the third paragraph of Article 1012. Except for the provisions of the. preceding paragraphs, the insurer may invoke against the third party all the exceptions which niay be brought against the carrier as well as those that the carrier may in- voke against the damaged party. Art. 1016. (Action of recovery of the insurer.) In the cases pro- vided for in the second, third and fourth paragraphs of the preceding article, the insurer shall have the right to recovery (reimbursement) from the carrier for the amount paid to third damaged part.y. SECTION lI-INSURANCE FOR DAMAGES CAUSED BY COLLISION Art. 1017. (Risk.) The insurer shall be held liable for the amounts due by a carrier for damages caused by an aircraft in flight in a col- lision with another aircraft in flight, or wit.h a vessel in motion even if no actual collision has occurred and the damages were caused by explosion or other similar causes. However, damages resulting from one of the causes provided for in Article 977 are excluded from in- demnificat ion. The expenses incurred by a carrier to oppose the claims of a t.hird party shall also be borne by the insurer, provided they are incurred with the consent of the insurer. Art. 1018. (Damages to third persons on the ground caused by collision.) In the ca.ses provided for in the preceding article, the ~i~)-7~---65-vo1. i-81 PAGENO="1378" 1368 AIR LAWS AND TREATIES OF THE WORLD insurer ma-v not be. held liable for damages caused by an aircraft to third parties on the ground. Ait. 1019. (Duration of liability.) The liability shall begin from the time of the takeoff maneuvers until the landing has been accom- plished. CHAPTER IV. Co~n~1oN PRovIsIoNs Art. 1020. (Statute of limitation.) The provisions of Article 547 shall apply to the statute of limitation on rights resulting from an msurance contract. The provisions of Article 913 shall apply to the statute of liinita- tion on rights for damages suffered by third persons on the ground. Ait. 1021. (Referral.) The provisions of the Title on Insuranc.e of the First. Part, with the. exception of Article 515, second paragraph, Article 521 and Article 535. shall apply to insurance against aviation risks, insofar as this has hot been pro\~iclecl for in the present Title. TITLE FIVE-PRIVTLEGES AND MORTGAGES CHAPTER I. PRIVI~EG~ CLAIMS Art. 1022. (Liens-Priority of claims.) The privileges established in the present Chapter shall have preference over all other general or special privileges. Art. 1023. (Liens on aircraft and freight.) The following credits shall have priority on all aircraft., and on the freight during the voyage in which such credit arose, on appurtenances and separable parts of the aircraft within the limits established in Article 1029, and accessories provided they arise after the commencement of the trip: (1) Judicial costs due to the State or those incurred in the common interest of the creditors for acts of preserving t.he air- craft or for the process of execution; airport dues and similar dues and taxes. expenses. for the custody and care of an aircraft after its arrival at its destination (2) credits deriving from labor contracts of flight personnel; (3) credits for amounts advanced by aeronautics, administra- tive, or consular authorities for the maintenance and repatria- tion of crew members, credits due for compulsory contributions to various institutions of assistance and social security for flight peisominel (4) indemnities and compensation for assistance and salvage; (5) indemnities for damages on the surface [caused] to third persons when the operator has not. taken out or kept in force the compulsory insurance: the indemnity for aircraft collisions for- seen in Article 914; indemnities for death or injuries to the passengers and crew members as well as those for loss of, or damage to the cargo or lu~ga~e: (6) ~credits derived fr~m ~stipulted contracts or from transac- tioiis carried out i~v the commander by virtue of his legal powers even when he is the operator of the aircraft for exigencies con- nected with the preservation of the aircraft or the continuation of the voyage. PAGENO="1379" AIR LAWS AND TREATIES OF THE WORLD 1369 Art. 1024. (Priority claims on loaded goods.) The following shall have priority upon loaded goods: (1) Judicial costs due to the State or incurred in the common interest of the creditors for preseivatoiy acts on goods or for callyilig out the execution (2) custom duties clue on goods at the p1 ace of delivery; (3) indemnities and compensations for assistance and salvage; (4) credits resulting from the carriage contract. including the expenses of unloading and the rent for the warehouses in which the unloaded goods have been deposited. Art. 1025. (Extinction of privileges on aircraft and on freight.) The privileges on the aircraft and on freight shall be extinguished not oniy by payment of the debt itself but also with the lapse of a. ninety day period. Art. 1026. (Referra.l to other applicable rules.) For any matter not provided for in this Chapter the provisions of Articles 549 to 551, 553 to 555. paragraphs one, two and four and five of Articles 556, 557 to 560, and 562 to 564, shall apply. CHAPTER II. MORTGAGES Ait. 102'.'. (Mortgage on aircraft.) Only a voluntary mortgage may be imposed on aircraft. Under Penalty of iiulhitv, the nioragage may be imposed only by public act or simple contract containing specific iticlications of the elements of markings of the aircraft. Art. 1028. (Mortgage on airciiift under construction.) A mortgage may be granted also for an aircraft under construction. It may be validly registered from the time the construction is recorded in the register of construction. Art. 1029. (Object of mortgage.) The mortgage has as object the aircraft, it appurtenances and separable. parts even if they are sepa- rated, except those which may belong to a person other than the owner of the aircraft according to a contract of an incontestable (late or to the registration certificate of the aircraft. A,t. 1030. (Publicity of mortgage.) For purposes provided for in the Civil Code, a mortgage on aircraft must be imiade public through transcription in the national registry of aeronautics and all annotation on its registration certificate, or through transetiption in the matricu- lation registry in the case of gliders. A mortgage of an aircraft under construction is made public by being transcribed in the registry of construction. Other acts which must. be recorded according to the Civil Code must be made public in the. same way. Art. 1031. (Competent. office.) Publication bans must be requested from the registration office of the aircraft. But it may also be re- quested from authority indicated in the second paragraph of Article 886. Ait. 103;?. (Documents for Publicity of mortgage.) Time pelson re.- questing the publicity of a mortgage must (leliver to the office of juris- diction the documents indicated in Art. 569. If the request for publicity is for an aircraft which has a registration certificate, then the applicant must present. this certificate to the office so that it may be provided with the required annotation. In PAGENO="1380" 1370 AIR LAWS AND TREATIES OF THE WORLD case the publicity is requested by the Ministry of Aeronautics and such presentation is not possible because the aircraft is elsewhere, the second paragraph of Article 869 shall apply. Art. 1033. (Publicity procedure and execution.) The publicity must be carried out by the competent office in the manner provided in Art. 870. Art. 1034. (Order of precedence and prevalence of registrations.) For publicity given to various proceedings in accordance with the preceding articles, as well as in case of discrepancy of the transcrip- tion on the register and annotations on the certificate of matriculation, Art. 871 shall apply. Art. 10.J~5. (Effect of mortgage.) A mortgage is operative from the time when it is recorded in the register of the aircraft. Art. (1036). (Rank of mortgages in regard to privileges.) A mortgage shall rank after the privileges indicated in Article 1023; however, it shall be preferred to any other general or special privilege. Art. 1037. (Referral to other applicable provisions.) For any mat- ter not provided for in this Chapter, Articles 572, 573, 576 and 577 shall apply. SECOND PART-AERIAL ~AVIGATION BOOK FOLR-PROCEDURE TITLE ONE-J~RISDICTION Ait. 1038. (Ciainl for compensation for aid or salvage.) A claim for compensation or payment for aid or salvage may also be brought before the court which authorized the attachment of an aircraft or the cargo thereof, to the extent of his jurisdiction. Art. 1039. (Claim for damages to third persons on the ground or for damages caused by a collision.) A claim for reimbursement of damages to third persons on the ground or for damages caused by a collision may also be brought before the court which authorized the attachment of an aircraft or the cargo thereof, to the extent of his jurisdiction. Art. 1040. (Plea to decline jurisdiction for joinder.) When several actions have been brou~ht before different courts against the carrier, the operator, or the insurer on the basis of the same transportation contract, or the same act of aid, or the same collision of aircraft, or the same event which gave rise to damages to third persons on the ground, the court shall under judgment joining the parties a period of time for bringing their claim before the court which has jurisdic- tion in the venue of the domicile of the defendant or, in its absence, the court which first acquired jurisdiction. The second paragraph of Article 40 of the Code of Civil Procedure shall apply. TITLE TWO-APPLICATION OP LIMITATION OP LIABILITY OF TIlE OPERATOR Art. 1041. (Court of jurisdiction.) An action on limitation shall be brought before the court of the venue in which the domicile of the defendant is located. PAGENO="1381" AIR LAWS AND TREATIES OF THE WORLD 1371 Art. 1042. (Persons who may bring the action.) A plea for an action in limitation may be brought by the operator and, when the cause of action is for amounts due for damages caused to third person on the surface, by the insurer. Art. 1043 (Plea for commencement.) A plea for commencement shall be made before the court of jurisdiction in the sense of Article 1041. The complaint shall indicate the name, connection, nationality and domicile of the complainant and shall include a declaration of resi- dence and election of domicile by the complainant himself in the place where. the court of jurisdiction is located, a detailed description of the aircraft, the place where it. is and the accident which gave rise to the liability. Simultaneously with the complaint and under penalty of dismissal, the complainant shall deposit with the court clerk: a) The airworthiness or test certificate or a certified copy t.hereof; h) a. list, of names of creditors subject to the limitation with information on their domicile, title and the amount owed to each; c) the. note of coverage required by the Air Ministry, or the insurance policy if the action is for compensation for damages caused to third parties on the ground. Art. 1044. (Opening judgment..) After verifying the existence of the legal limitations in accordance with the plea of the ope.rator or insurer, the court shall render judgment declaring the limitation pro- ceedings opened. By the same judgment. it shall designate a judge to determine the assets and liabilities, to allocate the amount and to inform the parties opposing the opening judgment.. and to determine the assets and the status of allocation; he shall set. the date for a state- ment of the assets within ten days from the date when the judgment was published; for the purpose of presenting this claim and title to the court., he shall gra.nt to the creditors a time period not. exceeding thirty days from publication of the judgment and sixty days for creditors domiciled abroad; within sixty days from expiration of the longest time period granted for presentation of claims and title of the creditors he shall set the. date for a statement. of the liabilities: within at least ten days but not more than twenty days from the last above mentioned date he shall set a date for a hearing during which the court will hear objections on the liabilities. Art. 1045. (Transmittal and publication of opening judgment.) The judgment shall be transmitted by the clerk to the complainant and the creditors who appear on the list specified in Article 1043 by means of a registered letter with return receipt. requested. An ex- tract of the judgment shall also be transmitted by the clerk to the office of registration of aircraft and be published in the official Gazette of t.he Kingdom. The office. of registration, upon receipt of the judgment., shall make a record thereof in the register of aircraft and shall record it in the register of tile office. Art. 1046. (Effect of opening of proceedings.') Opening of the pro- ceedings shall have tile effect. specified in Articles 62~ and 626. Art. 1047. (Objections by creditors.) The creditors may object to the opening judgment within fifteen days of its publication in the PAGENO="1382" 1372 AIR LAWS AND TREATIES OF THE WORLD official Gazette to reject application of the legal limitations invoked by the complainant. such objections shall have the effect specified in the second pai'a- graph of Article 6~T. Art. 1048. (Determination of assets.) Within the period set in the opening judgment and after hearing the complainant and the con- currmg creditors, the judge shall proceed to the determination of the assets on the basis of the criteria enumerated in Articles 967 and 975. After the statement of assets has been deposited, the complainant and the creditors shall be notified thereof by registered letter with re- turn receipt requested. Art. 104~9. (Deposit of limited amount.) Within three clays from determination of the assets the judge shall set a period of no more than five days for deposit of the limited amount computed on the basis of the assets, and of an amount sufficient for the. costs of the plocee(ling. and shall determine the manner of such deposit. The decision of the judge shall be transmitted to the complainant and the creditor in the manner specified in the preceding article. Art. 1üJ0. ( Determination of liabilities and allocation.) Determnina- t.irni of liabilities, the status of allocation, and objections thereto, shall be subject to the provisions of Articles 634 to 638. Art. J0~1. (Bankruptcy of operator.) The effect of the bankruptcy of the operator subsequent to deposit, of the limited amount shall be subject to the provisions of Xrticle 639. Art. 10.2. (Deprival of operator of benefit of limitation.) The operator shall be deprived of the benefit of the limitation if he does not deposit the limited amount or the amount for costs of the proceed- ing within the set period. Art. l0~-9. (Declaration of abandonment. of proceedings.) In the case of bankruptcy of the operator prior to deposit of the limited amount or in case of loss of the right is provided for in the. preceding article, the provisions of Article (~41 shall apply. Art. 10~54. (Import to operator.) When proceedings are initiated by the insurer, the acts shall also be imparted to the operator who must be heard whenever the complainant must be heard in the application of the provisions of this Title. TITLE THREE-EXECUTION AND PREVENTIVE MEASURES CHAPTER I. GENERAL PROVISIONS Art. 1055. (,Jurisdiction.) Proceedings in execution shall be pur- sue.d before the trial court in the place where the aircraft is located. Preventive and judicial seizure shall be authorized by the judges who have jurisdiction in accordance with the rules of the Code of Civil Procedure. Art. 1056. (Subject matter of expropriation and preventive meas- ures.) Except for the exceptions specified in the following article, air- craft, parts thereof, and separate pieces and accessories may be subject to compulsory expropriations or to preventive measures. When execution or attachment pertains to parts of an aircraft which is jointly owned by several persons, the judge, after hearing the joint PAGENO="1383" AIR LAWS AND TREATIES OF THE WORLD 1373 owners who are not debtors, may authorize the attachment or seizure of the whole aircraft if the debtor is joint owner of more than half of the value thereof. In such case the right, of the joint owners who are not debtors in the part they own shaH be converted iii a right to the corresponding part of the price obtained at the judicial sale. and they shall be exempt from any share of the costs of the execution proceeding or the furnishing of surety. Art. 1057. (Aircraft not subject to seizure or attachment.) The following shall not be subject to expropriation or prex~entive measures: State aircraft: Aircraft actually in service on an airline and standby aircraft in the absence of a special authorization from the Air Ministry: Aircraft commercially transporting passengers and goods ready for departure, provided the debts have not been incurred due to the trip which they are about to make or in process of completmg. An aircraft shall be deemed ready to depart when the commander has received the permission specified in Article 802. Art. 1038. (Provisions to prevent departure of an aircraft.) The judge who has jurisdiction in accordance with Article 1055, and in case of urgency, the directors of the airport and the. judicial police of the place where the aircraft is, may take measures necessary to prevent departure of the aircraft. Art. 1039. (Form and transmittal of summons.) The summons shall be worded and transmitted in accordance with the provisions of Articles 64i and 648~ first paragraph; it shall become void if no seizure takes place within thirty days. CHAPTER II. PROCEDURE OF COMP[-LSORY EXPROPRIATION Art. 1060. (Judge to decide on execut ion.) Execution of expropria- tion shall be decided on by a judge. In the proceedings before a trial court which consists of several judges the designation of the judge who decides on the execution shall be made by the president on the presentation by the court clerk of the record provided for in paragraph 3 of Article 1064 within two days from its meeting. Art. 1061. (Methods of attaching aircraft.) Attachment shall be made and executed in accordance with the provisions of paragraphs 1 and 2 of Article 650. When notification has been given or the receipt for telegraph or telephone communication has been returned, the creditor shall send a certified copy of the act to the registration office for the aircraft which shall transcribe if in the register and shall so note on the registration certificate of the aircraft in question. When an aircraft is under con- struction, the transcript shall be made in the register for aircraft un- der construction. The same office shall transmit to the creditor a certificate attesting that the formal action provided for in the preceding paragraph has been taken. Art. 1062. (Method of attachment of separate parts and appurte- minces.) Attachment of separate parts and appurtenances of aircraft PAGENO="1384" 1374 AIR LAWS AND TREATIES OF THE WORLD shall be made in accordance with the rules of the Code of Civil Proce- dure concerning attachment of personal property. Art. 106.3. (Disposal of aircraft under attachment.) On request by an interested party and after hearing the mortgage creditors the chief of the judicial office of jurisdiction under Article 1055 may authorize that the aircraft which is under attachment. in whole or in part, may undertake one or more trips and by means of an order prescribe guar- antees and the preventive measures he deems necessary and require in all cases that adequate insurance be purchased. On regard to such disposal over an aircraft under attachment the provisions of Article 652, paragraphs 2 to 5 shall apply. Art. 1064. (Request for sale.) Within thirty days at the earliest and at the most within ninety clays from the time of attachment the attach- ing creditor or one of the creditors who would benefit from an exedu- tioii sale may demand sale of the aircraft or a part thereof by a request to the judge who has jurisdiction under Article 1055. Such request. shall be transmitted to the owner debtor, to the mort- ga.ge creditors, and to the creditors who intervene under Article 49~ the Code of Civil Procedure~ with an invitation to communicate their observations on the conditions of the sale a.nd, in the case of a foreign aircraft, to do so to the consul of t.he State whose nationality the air- craft. has. Within the period of thirty days from notification and at. the latest within ninety days from attachment the creditor making the demand shall deposit the notification of the request with the clerk of the judge who has jurisdiction under Article 1055, as well as an extract from the register of aircraft indicating the registered mortgage; these docu- ments shall constitute the case file in accordance with Article 488 of the Code of Civil Procedure and shall also include the writ of attach- ment, the certificate specified in the last paragraph of Article 1061 of this code and, the written observations, if any, of the persons interested in the conditions of the sale. Art. 1065. (Designation of the judge assigned to the execution and appraisal of value of the aircraft.) On presentation of the case file specified in the preceding article assembled by the clerk, the judge who has jurisdiction under Article 1055 shall proceed to (the) assign a judge for the execution and shall require from the Italian aircraft reg- ister an appraisal of the aircraft and shall set for deposit of the ap- praisal report a. t.ime period not exceeding thirty days. When the authorization to make one or more trips is accompanied by the guarantees specified in Article 652, paragraph 2, the request for an appraisal shall be made at least ten days and at most thirty days. after completion of the trip. Art. 1066. (Order of sale.) At the expiration of a five day period from deposit of the appraisal report the judge assigned to the execu- tion shall bear the owner-debtor, the claimant creditor and complain- ant, the mortgage or intervening creditors, and the consul of the State whose nationality the aircraft has and shall order sale at auction or otherwise. An order for sale at auction must contain the information specified. in Article 656. PAGENO="1385" AIR LAWS AND TREATIES OF THE WORLD 1375 An order for sale other than at auction must contain the informa- tion specified in Article 532, paragraph 2, of the Code of Civil Pro- cedure. Art. 1067. (Notification and publication of order for sale.) An or- der for a sale shall be communicated by the clerk of the judge assigned to the execution to the persons specified in the first paragraph of the preceding article if they have not appeared. A note of the sale must also be inserted by the court recorder in the margin of the writ of attachment. A copy must. be. included in the register of the trial court of the place where the execution takes place, in that of the management of the airport and in the register of the royal national aeronautical Union. The judge may also order its pub- lication in the aviation journals. Art. 1068. (Form of sale.) The form of sale at auction shall be as provided for in Articles 658 to 666 of this Code. The form of a sale other t.han at auction shall be as provided in Ar- ticles 570 to 575 of this Code. Art. 1069. (Opposition.) In regard to opposition to execution, to executory writs, and to opposition by third parties, the provisions of Articles 667 and 669 shall apply. Art. 1070. (Expropriatory measures against non-operating pro- prietor and third party proprietor.) When a judicial sale of an air- craft or parts thereof is proceeded to by privileged creditors of an operator who is not the owner or again at a third part.y proprietor of an aircraft, the provisions of Article 670 shall apply. Art. 1071. (Sale of separate pieces and appurtenances.) The pro- cedure for sale of separate pieces or property which constitutes ap- purtenances of an aircraft shall be governed by the rules of the Code of Civil Procedure concerning sale of personal property. Art. 1072. (Extinction of privileges and mortgages.) In order to terminate privileges and mortgages on aircraft Articles 673 to 679 shall apply; however, proceedings shall be instituted before the trial judge at the place where the aircraft is located. Art. 1073. (Referral.) In regard to execution for delivery of an aircraft or to gnashing or suspension of execution proceedings, the pertinent I)rovisions of the Code of Civil Procedure shall apply. For distribution of the sales price, Articles 680 and 681 of this Code shall apply. CHAPTER IV. ExEcI~TORY PROCEEDINGS Art. 1074. (Decision to authorize.) A decision authorizing judicial or conservative action shall contain the following: 1. a prohibition to the owner-debtor to dispose of the aircraft or a part thereof without permission from the court; 2. an order to the aircraft commander not to take off in the air- craft or, if an aircraft is on a trip, not to take off again from the airport. of destination. 3. the identification markings of the aircraft or of the part thereof to which the authorization refers. Art. 1075. (Notification of decision to authorize.) A decision to authorize must be notified by the creditor to the owner and to the air- craft commander. It shall also be notified to the non-operating owner PAGENO="1386" 1376 AIR LAWS AND TREATIES OF THE WORLD when the claimant is a creditor of the operator and holds an aero- nautical privilege, and to the third ~ owner in the case of an air- craft or part of an aircraft which is subject to privileges or mortgages. 1/f. 1n~iJ. (Publication of the measure.) After notification the deci- sion shall be. iecoideci Lv the cle(litor on the aircraft register and, in the ea~e of non-registered aircraft, it shall be noted on the matricula- tion register. A it.JO~7. (Lifting of attachment.) r~ judge who has jurisdiction under the second paragraph of Article 1055, or the judge. before whom a plea of validation has been bought, shall revoke the decision to authorize Lv an order when the debtor proves that he has furnished security equal to the value of the aircraft or to the amount, if it is less, of the debt increased by court cost, or, if the debts are for dam- ages caused to third persons on the ground, when the debtor produces the security required by tile Air Ministry or the insurance policy. A it. JO~$. (Disposal of aircraft under attachment.) Disposal of an aircraft~ under attachment shall be governed by the provisions of Article 65~. Ait. 10~9. (ileferral.) In the absence of special provisions in this chapter the rules on attachment of the Code of Civil Procedure shall apply. P~ RT Ti li~EE-PEXAL A ND DISCLPLINARY Pnovisioxs B(L)OK ONE-PENAL PROVISIONS TITLE ONE-GEXERAL PROVISIONS Ail. 1080. (Applicability of penal provisions.) A citizen or a for- eigner in the service of a national ship or aircraft who, on foreign ter- ritorv, commits a crime specified in this Code shall be punished in ac- cordance with this Code. A person sentenced abroad shall be retried if the Ministry of Justice so requests. However, the penal provisions of this Code shall not apply to new members and passengers of a for- eign ship or aircraft unless otherw-ise provided for. A it. 1081. (Coniplicitv of foreigners in a crime specified in this Code.) In addition to the case regulated by Article 117 of the Crim- inal Code, when for a crime specified in this Code a particular per- sonal quality is required, any person who, without possessing such quality, participates in a crime, shall be held liable only if he was aware of the personal quality of the guilty party. The Court, how- ever, may reduce the penalty for any person who does not possess such quality. Ait. 1082. (Additional punishments.) In addition to the punish- ment specified in the Criminal Code the following additional punish- ment shall be pro\~idled1 b this Code: (1) withdrawal of the~ maritime or aviation license if a crime is committed by a person who has been issue.d a license specified in articles 1~3 and 739, respectively; (~) prohibition to exercise maritime and aeronautical profes- sions for crimes committed by others belonging to the maritime and flight personnel respectively; PAGENO="1387" AIR LAWS AND TREATIES OF THE WORLD 1377 Penalties for minor offenses specified in this Code in addition to I hose established in the Criminal Code shall be (1) suspension of pi~ofessioinil maritime., inland navigation and aviation licenses for violations committed by the. personnel Speci- fied in (1) of the preceding paragraph, or lOSS of rank of corn- inander, officer and noncommissioned officer of iii land navigation. Jit. 1083. (Effect and duration of additional puniSIllnelltS.) Per- petual withdrawal of professioiial maritime or aeront~itic licenses shall deprive tile person sellte.llcedl of the iight to exercise any function or service for which one of tile licenses specified in Articles 123 and 739 is required. For temporary withdrawal such person shall be de- priveci of such right for a period of not less than a month and not more thaim five. years. The withdrawal shall also carry tile loss of tile rights audi privileges relating to such licenses. The perpetual prohibition exercise the maritime and aeronautical profession shall deprive the punished person of the right to exercise such profession forever, while temporary withdrawal silall deprive bun of such right for a period of not less than one month and not more thi~ui five years. The prohibition shall involve the loss of rights and privileges per- tinning to the above-mentioned professions. Suspension of professional maritime, inland navigation and aero- hail ic titles shall deprive the pei~oii sentenced of tile rigilt to exercise any function or service, which requires one of tIle licenses specified in ~rticles i~, 134 and 739 for a period of not. less than fifty days and 1O)t more th;in two years. Suspen.~ioll from time maritime or aeronautic oi inland navigation service shall deprive the pelsoll sentenced of the right to exercise his profession for a period of not less than 15 days Or more. than two years. Fnless expressly established by the law for each single case, the. dura- tion of such pun ishnient shall be equal to that of l)1im~.iPa1 pimishment for cases of conversion of the pe.llalt.v because of tile illsolvellcv of the person sentenced. however, it. may not, in any event, be less than the minimum or more. than tile maximum established for each a(lditional ~un ishment. The provisions dealmg with prollibition to exercise a profession or suspension from it shall also apply to prohibition or SuspenSioll as an additional punishment specified in this Article. lit. 1084. (Aggravating circumstances for cIiflles committed by commanding officers, officers and llon-cOlnflhissioned personnel.) If any of tile crimes specified in this Code is committed by the cap- tam or officer of a ship, or by tile commander or officer of au aircraft, the punishment. shall 1)e increased by one third when his position is not. an element, or an aggravating circumstance of tile crime. Ai't. 1085. (Aggravating circumstances for common climes corn- mitteci against, a superior.) If any of the crimes specified in this Code is Comfllitted by one. of the crew members of a 5h11) or of tile flight persoulliel of all aircraft against a superior w'iule time latter is carrying out. or fulfilling his duties, the pimnisllment shall be increased by one third whenever tile position of tile injured peison is not au element or an aggravating circumstance of the crime. This provisioul shall also apply to a passenge.r conimit.ting a. crime not. specified in this Code against the captain or an officer of the ship PAGENO="1388" 1378 AIR LAWS AND TREATIES OF TUE WORLD or against the commander or an officer of an aircraft while carrying out or fulfilling his duties. Art. 108G. (Lse of part of amounts derived from fines.) One half of the amount paid as a line for crimes and violations provided for in this Code shall go to the National Seamens' Security Fund, the Fund for the Assistance. of Dock Workers, the Relief Fund for the Person- nel of Inland Navigation, or to the National Assistance Fund for Flight. Personnel. TITLE TWO-CRIMES IN PARTICULAR CHAPTER I. CRmIE5 AGAINST THE STATE Art. 1088. (Embarking on enemy ships and aircrafts.) A citizen who signs up on a. ship or aircraft. of a country at war with the Italian State shall be punished by imprisonment for a period of not less than five years unless the. crime constitutes a more serious offense. Art. 1089. (Contempt of the flag or other emblems of the State.) If the crimes provide.d for in Articles 291 and 292 of the Criminal Code are committed by a member of the crew of a ship or of aircraft personnel in foreign territory, the punishment shall be increased: (1) by one third if the crew member is a foreigner; (2) from one third to one half if the crew member is an Italian citizen; (3) from one half to two thirds if the act is committed by the the captain or an officer of a ship or by the commander or officer of an aircraft. A it. 1090. (Additional punishment.) Conviction for the crime pro- vided for in Article lOSS shall be accompanied by perpetual depriva- t.ion of licenses and prohibition to practice the pi~ofession of the per- son convicted. CHAPTER II. CRIMES AGAINST SHIP AND AVIATION DISCIPLINE SECTION I-CRIMES AGAINST SHIP'S DISCIPLINE Art. 1091. (Desertion.) A crew member who does not return to his ship or aircraft or abandons the same, shall be punished by imprison- ment for up to one year if such act results in noticeable difficulty in. navigation. But, if such act results in great. inconvenience t.o public service, the punishment shall be up to two years imprisonment. If such act results in danger to the lives or safety of the personnel as well as to the safety of the ship or aircraft or their respective cargoes, the punishment. shall be from one to three years imprisonment. The provisions of this Article shall not apply if the act constitutes a more serious offense specified and provided for in other laws. Art. 1092. (Aggravating circumstances.) The punishment shall be increased by one third whenever the crime has been carried out: (1) for political reasons; (2) by use of threats and violence; (3) abroad; (4) by persons in command of a. ship's engines or in command, charge of, or while piloting an aircraft; (5) by three or more persons of the crew. PAGENO="1389" AIR LAWS AND TREATIES OF THE WORLD 1379 In regard to (5) of this Article, the punishment shall be increased by one third for the leaders and organizers. Art. 1093. (Cause for noripunishment.) In cases provided in the first paragraph of Article 1091, and even under the aggravating cir- cumstances provided for in Article 1092, a guilty person shall not be punished if he returns to the ship before. it sails, or, at. any rate, not later than the third day from the day on which he was expected to be on board, or when he boards the aircraft before the takeoff. Art. 1094. (Nonobservance of orders by a member of the crew.) A member of t.he crew who does not execute an order of his superior offi- cer concerning a technical service on a ship or aircraft shall be pun- ished by imprisonment for up t.o 3 months. If t.he service concerns maneuvering, the imprisonment, shall be from one to six months. But if such an act results in serious difficulty in navigation or great inconvenience to public service or public need, jeopardizes human life and safety or the safety of ships or aircraft and that of their respect.ive cargoes, the imprisonment shall be from six months to three years. If an order has been given to save a ship, a floating object or aircraft or to assist a ship, floating object or the aircraft or person in danger, the imprisonment shall be from one to four years. Art. 1095. (Nonobservance of orders on the part. of the passengers.) A passenger who does not carry out a.n order concerning the safet.y of a ship or aircraft shall be punished by imprisonment, of up to three months or by a fine of up to 2,000 liras.'T Art. 1096. (Disobeying an arrest. warrant.) A crew member who does not carry out a warrant of arrest on boa.rd a ship or aircraft shall be punished by imprisonment of up to three months or by a fine of up to 2,000 liras. Art. 1097. (Abandonment by t.he commander of a ship or aircraft in danger.) A commander, who is not the last. to leave a ship, floating object or aircraft in danger which is being abandoned, shall be pun- ished by imprisonment for up to two years. If his a..ct results in fire., shipwreck or the sinking of the ship, or floating object, or in fire, crash and loss of the. aircraft, the punishment shall be from two to eight yea.rs imprisonment. If the ship or air- craft is used for the transportation of passengers, the punishment shall be from three to twelve years of imprisonment. Art. 1098. (Abandonment of a ship or aircraft by a c.rew member.) A crew member who, without the permission of the captain, leaves a ship, floating object or aircraft, shall be punished by imprisonment of up to one yea.r. The same penalty shall apply to any member of the flight personnel who, without, the pernlission of the commander, parachutes from or otherwise abandons an aircraft in danger. If such act results in fire, shij)wreck or sinking of the vessel, or floating object., or a fire, crash or loss of the aircraft., the. punishment shall be from two to eight years of imprisonment. however, if the 17 In the original text of the CoIe. the fine consisted in the measure from 50 to 50.000 liras. Decree No. 679 of October 5, 1945, doubled such amounts. In 1947 amounts regard- ing fines were multiplied by eight. In fact, Article 7. third paragraph of Decree No. 1250 provided: "Fine applied for each crime In the Criminal Code, In those of special laws as well as any other pecuniary sanctions inflicted for violations as from tile Code of Criminal Procedure shall be multiplied by eight." This increase went through further revision in 1961. In fact, Decree No. 603 of July 12, 1961, provided that the fine shall not be less than 2,000 liras or more than 2,000,000 llras. PAGENO="1390" 1380 AIR LAW~5 AXD TREATIES OF THE WORLD 51111) or the. aircraft is used for the transportatioli of passengers, the punishment shall be frani three to twelve years of imprisoinnent. SECTION lI-CRIMES AGAINST NAVIGATION DISCIPLINE ~ 1111/. ( Loitdiiig aims and ammunition for (rinhinal purposes.) The captain of a national ~r foreign ship. floating object or aircraft, who loads arnis an(l ammunition or i~ei~~i~ for the. 1)ulpose of smug- gling, or for other crimes, shall be 1)IlnIsIled by imprisonment, for from two to six years if the crime has not bee~i completed. Aif. 1102. (Navigation in forbidden zones.) Apart from the cases provided for ~n Article ~ii0 of the Criminal Code, the following shall be punished b imprisonment of up to two years and by a fine of up to 5,000 bras (1) the captain of a national or foreign ship or floating ob~eet who does not observe the prohibition or the limits of navigation as establtslied by Article ~3: I ~. ) tile conimiuider of a national or foreign aircraft who flies outsi(le the established course as specified in Article 793. SECTION Ill-PROVISIONS COMMON TO THE PRECEDING SECTIONS Ait. 110.]. (Additional penalties.) Conviction for the crimes i~io- vided for in Articles 1091, 199-1, 1996, 1099, 1101 and 11ft~ shall carry temporary prohii)itlon to hold licenses or to exercise a profession. In the, event of conviction for the crimes provided for iii Articles 1097, P )98 and 1199. tile prohibition shall be. permanent, if tile i 111- prisonnielit is for not less than five years; the proiiii)itioll shall be temporary if the imprisominient. is for less than five years. CHAPTER III. CRIMES CO~l\1I'rrEo AGAINST AUTHORITIES OX BOARD AND CONSULAR AUTHORITIES A~t. 1104. (Offense against the captain, officers, noncommissioned officers or ranks.) A crew member of a ship or aircraft who insults the honor and the prestige of his superior in his presence or because of. or in the exercise. of his duties, shall be punished by imprisonment. of from six months to two years. r~ he same penalty shall apply to any person who commits the same offense by means of telegra~)1i or te.lel)hone communication or by writing or sketches directed to his superior as a result of his duties. Such pmiishmem~t shall be. increased by one third if the act has been committed by use of threats or violence, or when the offense has been committed in the presence of omie or more persons. If the offense has been committed by a passenger against, the cap- tain, an officer or a noncommissioned officer of a ship, or against a commander or a ranking member of the crew of an aircraft, the p1e- ceding provisions shall apply. but the ptinislmhem~t shall be reduced to an extent not exceeding one third, unless it. constitutes a more serious offense. Ait. 110.5. (Mutiny.) If the act does not constitute a more serious offense, the crew members of a ship or aircraft who number not less PAGENO="1391" AIR LAWS AND TREATIES OF THE WORLD 1381 than one third of the crew of the ship or aircraft shall be puiiished by imprisonment of from six mouths to t liree years, 1 ~ they (1) disobey an order of the commander, collectively or upon previous agreement; (2) collectively start tumultuous demonstrations. Any person who, at the first approach, carries out the order or de- Sists from pa.rticipatmg in the clemouistration shall be subject only to punishment for any offense already committed if it constitutes a dif- fere.nt offense. Ait. 1106. (Aggravating circumstances.) The imprisonment shall be from one to five years: (1) if the offense provided for in the preceding Article was committed under conditions which make it impossible to have re- course to tile police; (2) if, in tile event provided for in (1) of tile preceding Arti- cle, the order concerns a service connected with tile safety of navi- gation, or, if the act has been committed with the aim of interrupt- ing navigation, to change the route or jeopardize tile safety of the ship or the aircraft, or their respective cargoes; (3) if, in tile case provided for in (2) of the preceding Article any of tile persons was obviously armed or tile act was carried out wit 11 threats. For leaders, organizers and prolliOters, tile punishment shall be in- creased Ui) to one third. Jit. 1107. (Failure to intervene in order to prevent a crime.) A crew member of a. ship or aircraft who, finding himself present when acts of threat. and violence are coninmitted against his sul)erlor while in the discharge of one of his duties, fails to assist or help him, shall be punished by imprisonment of up to one year or by a fine of up to 5,000 liras. Any cre.w member of a ship or aircraft who, finding himself pres- ent when the acts described in Article 1105 occurs, does not use all means in his power to break up a meeting or impede a demonstration shall be subject to the same punishment.. Art. 1108. (Plot against the commander.) The crew members of a ship or an aircraft who, nunubering three or more, agree to commit a crime against the life, personal safety. individual freedom or exercise of the powers of tile commander, shall be punished by imprisonment for up to four years if tile crime has not been completed. For the promoters and organizers, the piu1lish~~~e1lt shall be increased up t.o one third. A crew member who, having learned about such agreement, fails to notify the commander, shall be punished by imprisonment of up to one year. In any case, the penalty shall be less than one half of that established for the crime to which the agreement refers. Art. 1109. (Failure to repatriate citizens (nationals).) The coia- mander of a ship bound for a port of the Kingdom who, witimouf im justified reason fails to comply with tlue request of a consular authmor- ity to transport nationals according to Article 197, shall be pU1ii~IieIl by imprisonment of up to six months or by a tine of up to three thou- sand liras. PAGENO="1392" 1382 AIR LAWS AXD TREATIES OF THE WORLD Art. 1110. (Aggravating circumstances.) In the cases provided for in Articles 1105, 1106, 1101 and 1108, the punishment shall be in- creased by up to one third if the act has been carried out during navigation. Art. 1111. (Additional punishments.) Conviction for the crimes provided for in Articles 1104, 1105 and 1108, include the temporary proinbition to hold licenses or exercise a profession. Conviction for a crime under aggravating circumstances as provided for in Article 1106 shall include permanent prohibition to hold licenses and exercise a profession. CHAPTER IV. CRIMES AGAINST THE SAFETY OF NAVIGATION Art. 1112. (Performance or arbitrary removal and omission of signals.) `Whoever arbitrarily orders or makes signals prescribed for maritime or air navigation, or removes signals for such navigation, shall be punished by imprisonment of up to one year or by a fine of up to 10,000 Eras. Anyone who, although required to do so, fails to give the signals prescribed for the safety of sea or air navigation or to provide other meaiis required for this purpose shall be subject to the same penalty. If such an act presents the danger of fire, shipwreck or the sinking of a ship, or fire, crash or loss of an aircraft, the punishment shall be imprisonment of from one to five years. The provisions of this Article shall not apply if the act constitutes a more serious offense under another legal provision. Art. 1113. (Failure to aid.) Whoever, under the conditions pro- vided for in Articles 70, 107 and 726, fails to comply with the request of the competent authorities with all means at his disposal, give assist- ance to a ship, or an aircraft or to a person in danger, or to the extinc- tion of a fire, shall be punished by imprisonment of from one to three years. Art. 1116. (Flagrant. abandonment of command.) Any commander, w'ho, without need, leaves the navigation of a ship or an aircraft under such conditions that the direction is taken over by a person who does not meet the requirements to replace him, shall be punished by im- prisonnient of up to one year and by a fine of from two to five thousand liras. The penalty shall be increased by up to one third if the act has been conaniitted in cases in which the commander of the ship is duty bound personally to direct the ship's maneuvering. Art. 1117. (Usurpation of command of a ship or aircraft.) Whoever wrongfully takes over, or keeps command of a ship or aircraft shall be punished by imprisonment of from one to five years. Except. for the case provided for in Article 1220, if the act has been committed by a person who has the license qualifying him for the technical services of the ship or aircraft, the imprisonment shall be from six months to two years. Art. 1118. (Abandonment of a post.) A crew member of a ship, floating object. or aircraft who, during the service connected with the safety of navigatioll, abandons his post shall be punished by imprison- ment of from three months to one year. PAGENO="1393" AIR LAWS AND TREATIES OF THE WORLD 1383 Art. 1119. (Crew member asleep at his post.) A crew member of a ship, floating object or aircraft who, while on duty in a service con- nected with the safety of navigation, falls asleep, shall be punished by imprisonment of up to three months or by a fine of up to 2,000 Eras. Art. 1120. (Drunkenness.) The commander of a ship, floating ob- ject or the pilot of an aircraft who is in such a state of drunkenness, not. cau.~ed by accident. or act of God, as to impair or destroy his ca- pacity to command or to pilot., shall be punished by iml)riSOflrneflt of from six months to one year. A crew member of a ship, floating object or aircraft or a nautical pilot who during service connected with the safety of the ship, or at the moment when he takes over such service, is in such a state of drunkenness, not caused by accident or act of God, as to impair or destroy his capacity to perform his duty, shall be punished by im- prisonment of from one to six months. The pena.lt.y shall be increased by up to one-third if the drunken- ness or the use of narcotics is habitual. Art. 1121. (Conditions for more severe punishment..) In the cases provided for in Articles 1112 to 1120, the punishment shall be: (1) imprisonment of from two to eight years, if the act results in the burning, shipwreck or sinking of a ship, or a floating object or burning, crash or loss of an aircraft; (2) imprisonment of from three to twelve years, if, in the cases provided for in the preceding paragraph, t.he ship or the aircraft is used for the transportation of persons. Art. 1122. (Aggravating circumstances for fires, shipwrecks or air disasters.) If a crew member of a national or foreign ship, a floating object or aircraft or a person in any way employed in the services of maritime or air navigation, takes advantage of his position and com- mits any of the crimes enumerated in Article 425 (par. 3) and Article 428 of the Criminal Code, the punishment therein provided shall be increased by one third. The penalties shall be increased from one third to one half if such act is committed by the commander of a ship to the damage of the ship, floating object or aircraft under his command. Art. 1123. (Damage causing shipwreck or air disaster caused by negligence.) Whoever negligently causes damage to a ship, floating object, or aircraft during operation shall be unished by imprisonment of f'om six months to three years and by a. fine of up to 5.000 liras if, from such an act, fire, shipwreck or sinking of the ship, or floating ob- ject, or of fire, crash or collision of the aircraft may result. Whoever, by uniting or cut.ting ropes and moorings or by ot.her negligent act or omission, causes damage to a ship, or a floating object riding at anchor, or to a stationary aircraft., shall be subject to the same penalty if from such an act results any of the dangers provided for in the preceding paragraph. The provisions of this Article shall not apply if such an act is deemed a more serious offense in other laws. Art. 1124. (Crimes committed by negligence.) If any of the acts provided for in Articles 1112 to 1115, are committed by negligence, the. penalty shall be reduced by half. 39-737-65-vol. 1-8S PAGENO="1394" 1384 AIR LAWS AND TREATIES OF THE WORLD Art. 1125. (Additional punishments.) Conviction for the crimes provided for in Articles 1112 to 1120, 1123, and 1124, shall carry also temporary prohibition to enjoy the privileges of licenses and profes- sions. A conviction for aggravated crimes according to Article 122 shall carry permanent prohibition to hold a license or exercise a pro- fession. If the crime provided for in Article 449 of the Criminal Code is committed by members of sea or aviation personnel to the damage of their own ship, floating object or aircraft, the sentence shall carry also temporary prohibition to hold license.s and exercise professions. CHAPTER V. CRIMES AGAINST TIlE PUBLIC FAITh SECTION I-FALSIFICATION OF DOCUMENTS Art. 1/26. (I)ocuments as~imilated to public documents with regard to punishmei~t.) For the purposes specified in Article 491 of the Criminal Code, bills of lading and other documents representing goods, and airway bills shall be. assimiliateci to pul)lic documents (Arts. 4~7. 4~S. 406, 956. 1134). A it. 1127. (False statements in the crew roll, log book and reports.) The commander of a ship who, for the purpose of obtaining benefits for himself or others or causing damage. to others, enters anY of the false statements specified in ArtiCle. 479 of the Criminal Code in the crew roll, log book, or in the prescribed reports to the government authorities, shall be punished, by imprisonment, for from six months to five years. unless the crime constitutes a more serious offense. Tue sanie peinilty shall apply to the. commander of an aircraft who commits the act. pro~iclecl for in the preceding paragraph in regard to his flight log. Art. 1128. (Use of a false document.) Whoever, without having contributed to the falsification, uses any false document specified in Article 1127, shall be subject. to the penalty established therein, reduced by one third. The second paragraph of Article 489 of the Criminal Code shall apply. SECTION Il-OTHER FALSIFICATIONS Art. 1129. (False declaration of ownership or of nationality.) Who- ever falsely declares himself to be the owner of a ship, floating object., or aircraft. for the purpose of attributing to them Italian nationality, shall be piimshecl by imprisonment of from three months to one year aiid by a fine of from 2.000 to 5,000 liras. A representative of a corporation who falsely declares the existence of the requirements specified in Article 751, letter (c) for the purpose of attributing Italian nationality to an aircraft., shall be subject to the same pemnilty. A it. 1120. (Wrongful use. of a flag or of a nationality mark.) Who- ever hoists or uses i1~O1i a foreign ship the Italian flag or uses upon a ioreigii a jrGra ft 1t~il ian nationality markings shall be. punished by im- 1)risollment of up to one. year or by a. fine of from 500 to 5,000 liras. J,t. 112/. ~I se of a false mark of registration.) Whoever, for the lmmrpose of obt~uiiimmg an advantage for himself or others or of causing laiiia~e to others, l)]a(1~s upon a shill) or an aircraft false. registration 1)larkinus shall be punis1~etl by imprisonment, of up to one year. PAGENO="1395" AIR LAWS AND TREATIES OF THE WORLD 1385 The penalty shall be increased to imprisonment of tip to two years and a fine of up to 5,000 liras if the offender uses the documents of a ship or an airera ft whose markings lie has usurped. A~t. ]1.J~. (Wrongful lending of a name for the construction of a ship or an aircraft.) Whoever, being qualified to construct ships, floating objects, and aircraft. or related equipment, lends his name for such construction to uiiauthorizecl persons, shall be 1ju~iiished by a fine of from 1,000 to 1.0,000 liras. Persons who use the names of other le~'~oI~ shall be subject to t.he same penalty. if construction has been started, the punishment shall be increased up to one third. Ji't. 111-]. (II~se of a navigation certificate.) Whoever, for the pur- pose of obtaining an advantage for himself or others or causing damage to others uses a document. of maritime or aeronautical work belonging to another person, shall be punished by imprisonment of up to one vent, unless the act. constitutes a crime against, the public faith. SECTION Ill-PROVISIONS COMMON TO THE PRECEDING SECTIONS Ait. i1.~4. (Additional punishments.) A conviction for the crimes provided for in Articles 1127, 1128 and 1131, or for any of the crimes provided for in Chapter III of Title Four of the lind Book of the (.`riininal ( nle, in relation to any of the docimmime.nts SPecified jil Article I 1~0 of this ( ode, shall cairv with it teniporarv prOhul)ition to use licenses or to practice a profession. (`IIAPTER \I. &`RIME.~ AGAINST TIlE OWNERSHIP OF A VESSEL, OR AIRCRAFT AND ITS CARGO Ai't. 11.]8. (Seizure of a ship or aircraft.) The crew of a ship or an aircraft who seizes the same shall be punished: (1) by imprisonment of from ten to twenty years if the act was airied out. by using threats and violence against. the com- mander or officers of the vessel or aircraft; (2) by imprisonment of from three to twelve years if the act was committed surreptitiously or by fraud. For the promoters a.nd leaders, the imprisonment shall be increased by up to one third. If the act was committed by a person not a member of the crew, the penalt.ies shall be reduced upto one third. Art. 11.]!). (Agreement to seize a vessel or an aircraft.) Three or more members of a crew who agree to commit the crime indicated in t.he preceding Article shall be punished by up to three years of im- prisonment. if the crime has not been complete.d. For t.he promoters and leaders, the penalty shall be increased up to one third. Art. 1140. (Off course.) The commander of a. ship or aircraft, who, in order to procure for himself or others an unjust. J)rofit. or to cause damage t.o others, goes off course, shall be punished by imprisonment of from one to six years, and by a fine of up to 10,000 liras. If such act results in the danger of fire, shipwreck or sinking of t.h~ ship or the danger of fire, crash or loss of the. aircraft., the pum~ish- meat slm~iI he increased by one thirci. PAGENO="1396" 1386 AIR LAWS AND TREATIES OF THE WORLD However, if such act results in fire, shipwreck, or the sinking of the ship or fire, crash or loss of the aircraft, the penalty shall be im- prisonment of from two to ten years. `When the vessel or the aircraft is used for the transport of passengers, the punishment shall be from three to fifteen years imprisonment. Art. 1141. (Damage to a vessel or aircraft.) Whoever commits the act specified in Article 635 of the Criminal Code for the purpose of damaging a ship, a floating object or an aircraft, or the supplies on board shall be punished by imprisonment of from one to five years. If the offense is committed by a crew member to the damage of the vessel, floating object or aircraft on which he serves, the punishment shall be increased up to one third and, if it is committed by its com- mander, the penalty shall be increased up to one half. In such cases the second and third paragraphs of the preceding article shall apply. In any case prosecution shall be ex officio. Art. 1142. (Damage to cargo and equipment on board.) The crew member of a vessel, floating object or aircraft who destroys, gets rid of, ruins or renders unserviceable, in part or in whole, the cargo, equipment, machinery, and installation on board shall be punished by imprisonment of from six months to three years and by a fine of up to 3,000 liras. The second and third paragraphs of Article 1140 shall apply. Art. 1143. (Wrongful employment of a vessel or an aircraft.) A commander who wrongfully uses, in part or in whole, a ship, floating object or aircraft for his own advantage or that of others, shall be punished by imprisonment, of from six months to five years and by a fine of up to 10,000 liras. However, a commander who loads small quantities of goods for his own account shall not be punished. Art. 1144. (Embezzlement of money borrowed by the commander.) The commander of a ship or an aircraft who, in order t.o obtain for himself or others an unjust profit., embezzles the money borrowed as in the cases specified in Articles 307 and 892, shall be punished by imprisonment of up to five years and by a fine of up to 10,000 liras. Art. 1145. (Misappropriation of the cargo.) A crew member of a ship or an aircraft who, for the purpose of obtaining for himself or others an unjust profit., misappropriates the cargo in part or entirely, shall be punished by imprisonment of from six months to five years and by a tine of up to 10,000 urns. Art. 1146. (Misappropriation of ship and air wrecks.) Whoever takes possession of a. wreck indicated in Articles 510 and 993, when he has the obligation to report them, shall be punished by imprisonment of up to three years or by a fine of up to 10,000 urns. For members of maritime or aviation personnel and all persons en- gaged in whatever capacity in harbor or navigation services or in the exercise of any of the activities specified in Article 68, the penalty shall be increased up to one third. Art. 1147. (Taking possession of a shipwreck or a lost aircraft.) Whoever takes posses~~on of a ship or an abandoned, shipwrecked, or submerged floating object or of an abandoned, crashed or lost aircraft, shall be punished by imprisonment of from one to five years and by a fine of from 2,000 to lfl.000 bras. For any person specified in the second paragraph of the preceding article, the penalty shall be increased up to one third. PAGENO="1397" AIR LAWS AND TREATIES OF THE WORLD 1387 Art. 1148. (Theft committed on board by members of the crew.) For a theft committed on board by members of the crew of a ship or an aircraft, the penalty shall be increased up to one third. Art. 114.9. (Additional punishment.) A conviction for the crimes provided for in Articles 1139, 1140 and paragraph 2 of Article 1141, Articles 1145, 1147, and for grand theft in the sense of Article 1148, shall carry also temporary prohibition to hold licenses and to exercise a profession. Conviction for the crimes provided for in Articles 1135 to 1138, shall carry permanent prohibition to hold licenses and exercise a profession. CHAPTER VII. CRIMES AGAINST A PERSON Ai~t. 1150. (Murder of a superior.) If the crime provided for in Article 575 of the Criminal Code is committed by a crew member of a ship or an aircraft. against a superior while in the act of performing, or because of the performance of his duties, the punishment shall be imprisonment of twenty-four to thirty years; if the act is committed during navigation, the penalty shall be penal servitude for life. Art. 1151. (Premeditated murder, injury to, and bodily harming a superior.) If any of the offenses provided for in Articles 581 to 584 of the Criminal Code is committed by a crew member of a ship or an aircraft against his superior while in the act, or because of the per- formance of his duties, the punishment established therein shall be increased by one third. Art. 1154. (Abuse of authority.) The commander or the officer of a ship or the commander of an aircraft, who subjects to severe measures not permissible by the law a subordinate., a passenger or a person ar- rested or detained, consigned to his custody or transport, or a person entrusted to him by request of a competent authority, shall be punished, by imprisonment of up to thirty months, unless the a(t. constitutes a more serious offense. The same penalty shall apply to anyone to whom such person has been consigned or entrusted. The imprisonment shall not be less than, for six months when the ~ict was committed for personal motives, or against a sick person or a. person under eighteen or over seventy years of age, or against women. Art. 1155. (Landing and arbitrary abandonment of persons.) The commander of a ship or an aircraft who, outside the national territory, arbitrarily disembarks a crew member or a passenger, or abandons him, and prevents his return on board by moving up the departure of the vessel or aircraft, shall be punished by imprisonment of from six months to three years and by a fine of from 1,000 to 3,000 liras. Imprisonment shall not. be less than for one year if the landed or abandoned person is without the means necesary for subsistence or for return to his own country. The punishment shall be imprisonment, of from one to six years if from such an act results in personal injury; and from three to eight years if it results in death. Art 1156. (Abandonment of a sick or injured crew member.) A ship or an aircraft commander who, after having landed a sick or injured crew member under the conditions permitted by the law, fails to provide him with the means necessary for treatment and return to his country, shall be punished by a fine of from 3,000 to 10,000 liras. PAGENO="1398" 138S AIR LAWS AND TREATIES OF THE WORLD The punishment shall be imprisonment of up to six months if the act is c'ommittecl abroad. The penalty shall be imprisonment of from one to six years if it re~u1ts in a personal injury, and for from three to eight years if it re- sults in death. Ait. 1158. (Failure to assist ships or persons in danger.) The com- mander of a national or foreign ship, floating object. or aircraft., who fails to lend assistance or to attempt rescue in cases in which such action is obligatory according to the provisions of this Code, shall be punished by imprisonment of up to two years. The penalty shall be imprisonment from one to six years if his failure results in a. personal injury, and from three to eight years if death ensues. If criminal negligence is involved, the penalty shall be imprison- ment of up to six months; for the cases specified in the preceding para- graph, the penalties shall be reduced by one half. Ai't. 1160. (Additional penalties.) A conviction for the crime pro- vided for in Article 1150 shall carry permanent prohibition to hold licenses and exercise a profession. Conviction for the crimes provided for in Articles 1152 and 1153 shall carry. for a commander, permanent prohibition to hold licenses and, for the crew members, temporary prohibition to hold licenses or exercise their profession. With regard to the other crimes provided for in this Chapter, con- viction shall carry temporary prohibition to hold licenses or exercise' a profession. TITLE THREE-SPECIAL VIOLATIONS CHAPTER I. VIOLATIONS OF ORDERS REGARDING PUBLIC PROPERTY INTENDED FOR NAVIGATION Ait. 1167. (Wrongful occupancy of state property and failure. t& observe the flinit.s of private property.) If the offense (loes not coiisti- tut.e a. more serious offense, the following shall be punishe(l by im- prisonment of up to six months or by a fine, of up to 5,000 liras: (1) whoever arbitrarily occupies an area of the maritime, or aeronautical domain or of harbor zones of inland navigation, impedes pui~i ic. use, or makes unauthorized changes: (2) whoever fails to observe the pro~~isions of Articles 55, 714 and 716. Art. 1164. (Failure to observe the regulations concerning public l)ropertv.) Whoever does not observe the rules and regulations or other legal dispositions imposed by the. competent authority with re- gard to the. use of the maritime or aeronautical domain or harbor zones of inland navigation, shall be detained for not more thou three months or subjected to a fine of up to 3,000 liras unless the offense constitutes a more serious offense. CHAPTER II. VIoLATIoNs OF PORT REGULATIONS AND RULES OF THE HARBOR AND AIRFIElD POLICE A it. 1165. (Wrongful deposit. of goods or failure to remove de- posited objects.) The following shall be punished by a fine of up to 5.000 liras: (1) whoever deposits goods or other materials in the l)laCeS in- PAGENO="1399" AIR LAWS AND TREATIES OF THE WORLD 1389 (lie.atcj ill i~~cIe~ .i~J, ~, afl(l iii the first paragraph of Article 723, without the permission of the competent authority or without paying the established fee; (2) whoever fails to carry out an order to reniove the things deposi te (1. Art. 11(1(1. (Throwing away of materials and filling up of depres- sions.) Whoever fails to observe the provisions of Articles 71 and 76, shall he punished by a fine of up to 1,000 1 iras. Art. 1167. (Failure to observe orders concerning embankments and wrongful open i'nr of mines.) A fine of from 200 to 2~00i) liras shall be imposed On any person who (1) does not obey the regulations of the competent~ authorities concerning construction and maintenance along the banks of canals or other water courses flowing into a harbor, or other works ind~eated in Article 77 (2) whoever, without having the prescribed authorization, opeiis quarries or makes other types of excavation along the. banks of canals or other water courses flowing into a harbor. Art. 11(19. (ITse of firearms and lighting of fires.) Whoever does not observe the provisions of Article SO. shall be punished by confine- ment. of up to three years or by a fine of from 200 to 2~000 liras. Art. 1173. (Nonobservance, of tariffs.) Whoever demands and ob- tains prices higher than those established in the tariffs approved by the competent authorities shall be fined up to 2,000 1 iras. Art. 1174. (Failure to obey police, regulations.) Whoever (lisobeys a legal provision or regulation or a provision legally issued b the competent authority in regard to police matters in harbors or on air- fields shall i)e sul)ject to coiifinement of up to three months or a fine of up to 2,000 liras. Art. 117g. (Additional penalties.) Conviction for the violations provided for in Articles 1170, 1173 and 1174, shall include the tempo- rary suspension of licenses or professions. CHAPTER III. VIOLATIONS OF THE PRovIsIoNs CONCERNING HIRING PERSONNEL roi' SEA AND INLAND NAVIGATION AND FIJGHT PERSONNEL Art. 1176. (Failure to compi with the brokerage prohibition.) Whoever asks or receives for himself or others, in money or other values, a reward for hiring a person for the crew of a ship, a floating object or a national aircraft shall be punished by confinement of up to six months or by a fine of up to 5,000 liras unless the act con- stitutes a more serious offense. Art. 1177. (Aggravating circumstances.) The penalty shall be confinement of from six months to one year and a fine of from 1,000 to 5,000 liras: (1) if the act provided for in the preceding article~ refers to the hiring of several persons; (2) if the guilty person carries out the placement~ of sea and flight personnel for lucrative purposes, or unlawfully carries out an activity, even indirectly intended to procure or facilitate the employment of sea or flight personnel: (3) if the act takes place in a place where there is a placement office for sea and air personnel; PAGENO="1400" 1390 AIR LAWS AND TREATIES OF THE WORLD (4) if the offender holds a professional maritime or aeronauti- cal license. In such cases, the punishment shall carry the suspen- sion of licenses for one year. Art. 1180. (Illegal hiring of foreigners.) Except for those cases permitted in Articles 294, 319, 886 and 898, any shipowner, manager or commander who takes on a foreigner as a crew member of a ship or an aircraft shall be fined from 100 to 1,000 liras. The same penalty shall apply to a shipowner, manager or com- mander who does not discharge a foreigner regularly hired on the terms established in the above dispositions. Art. 1181. (Disembarking abroad of a crew member subject to the draft.) Except for the cases provided for in Articles 196 and 813 any commander of a ship or an aircraft who allows the landing on foreign territory of a crew member subject to the draft or who has been recalled to arms, shall be punished with a fine of up to 5,000 liras unless the act constitutes a more serious offense. CHAPTER IV. VIOLATIONS OF THE PRoVIsIONS ON CONSTBUCTION AND OWNERSHIP OF A VESSEL OR AIRCRAFT Art. 1182. (Failure to observe the regulations relating to the con- struction and repairing of a vessel or an aircraft or to the launching of a vessel.) Whenever the violation does not constitute a more serious offense, a fine of from 500 to 5,000 liras shall be imposed upon: (1) any person who commissions the construction or repair of a ship, or an aircraft, or an aircraft engine by a person who does not. have the prescribed patent, authorization or professional qualification; (2) whoever, without the necessary patent, authorization, or professional qualification, starts the construction or the repair indicated in (1); (3) whoever undertakes the construction of a ship or a float- ing object without the declaration prescribed in Article 233, or the construction of an aircraft without the declaration and statement prescribed in Articles 848 and 849; (4) whoever launches a ship without the communication pre- scribed in Article 243; (5) any ship or aircraft builder who fails to observe the order of suspension of construction according to Articles 236 and 851. Art. 1183. (Failure to observe regulations on the dismantling of ships or aircraft.) The. owner of a vessel or a floating object who, without a valid reason. (Toes not carry out, within the terms established by Article 161, the order of the maritime authority or of those di- recting inland navigation, to repair, to assign to other use., or to dis- mantle a vessel or a floating object., shaH be fined from 300 to 5,000 Eras. Whoever dismantles a national ship, floating object.. or aircraft with- out. due author~zat.ion as 1)rescribecl in Articles 160 and 700. shall be fined from 50() to 5.1)00 Eras. Art. 1184. (Failure to observe regulations relating to the transfer of the flag and loss of nationality of aircraft.) Whoever transfers a ship or aircraft without the authorization prescribed in Articles 156 and 758, shall be punished by confinement of up to six months or by a fine PAGENO="1401" AIR LAWS AND TREATIES OF THE WORLD 1391 of up to 10,000 liras. Any pe.rson who omits to file the statements prescribed in Articles 157 and 759 shall be subject. to the same penalty. Art. 1185. (Failure to observe regulations on the registration of air- craft.) The owner of an aircraft., who asks for a registration exceed- ing the terms established in Article 754, shall be fined up to 2,000 liras. CHAPTER V. VIOLATIONS OF PROVISIONS ON NAVIGATION POLICE Art. 1186. (Failure t.o observe regulations concerning inspections of ships and aircraft.) `Whoever fails to observe the rules of this Code, ot.her laws and regulations and provisions of the authorities with re- gard to examination and inspection of ships, floating object.s and air- craft shall be fined from 1,000 to 5,000 liras. Art. 1188. (`Wrongful exercise of air transportation or air opera- tion.) Confinement, up to six months or a fine of up to 10,000 liras shall be imposed upon: (1) whoever carries on public air transportation service with- out the aut.horizat.ion prescribed in Article 776; (2) whoever carries on a.ir transportation of passengers of a non-scheduled or occasional character or a service of air opera- tion without the license prescribed in Article 788. Art. 1190. (Failure to observe the regulations regarding flying schools.) Confinement of up to six months or a fine of up to 10,- 000 liras shall be imposed upon: (1) whoever operates a flying school without the license pre- scribed in Article 788; (2) whoever admits to a flying school a student who has not obtained the prescribed certificate of physical fitness, or a minor without. the consent of his parents or guardians. Art. 1191. (Unlawful beginning or cessation of operation of air- fields or private facilities.) A fine of from 5,000 to 20,000 liras shall be imposed upon: (1) w'hoever establishes an airfield or other private air facili- ties without the authorization prescribed in Article 704, or con- tinues its operation after the authorization has been revoked; (2) whoever opens to the civil air traffic an airfield set apart for special use without the authorization prescribed in Article 709, first paragraph, or continues to use it. after the authorization has been revoked; (3) whoever st.ops the operation of an airfield or other pri- vate air facility without the authorization prescribed in Article 713, or before the expiration of the established term prescribed in the second paragraph of the above-mentioned article. Art. 1192. (Failure to comply with regulations concerning the use of a flag and name.) A fine of up to 2,000 liras shall be imposed upon: (1) a commander who does not hoist the flag on his ship when this is prescribed; (2) a shipbuilder or commander who does not. comply with the provisions regarding the use of the name and the registration number of a ship or floating object; (3) the operator or commander of an aircraft which flies with- out the prescribed registration marks or wrongfully carries the markings reserved for State aircraft. PAGENO="1402" 1392 AIR LAWS AND TREATIES OF THE WORLD Art. 1193. (Failure to comply with the provisions concerning docu- ments on board.) A ship or aircraft commander who navigates with- out~ having on board the prescribed documents shall be punished by confinement of tip to six months or by a fine of up to 2,000 liras. A ship or aircraft commander who keeps the board documents irreg- ularly or in a disorderly fashion, shall be subject to the same penalty. Art. 1194. (Failure to renew documents on board.) A shipowner or the operator of an aircraft who does not renew the board documents in due time shall be fined up to 5,000 liras. Art. 119.5. (Failure to comply with formalities on departure or ar- rival at a port or airport.) A commander of a national or foreign ship or aircraft~ who, on departure from, or arrival in, a port. or airport, does not fulfill the formalities prescribed by this Code and the regula- tions, shall be fined up to 5,000 liras, unless the offense constitutes a more serious offense. Art. 1196. (Failure to comply with rules concerning the abandon- ment of a ship and the duty to consult the~ crew.) A commander, who, in abandoning a ship or an aircraft in danger, does not observe the rules established in this Code, shall be punished by confinement of up to three months and/or by a fine of up to 5,000 liras unless the offense constitutes a more serious offense. The same penalty shall apply to a commander who fails to consult the crew in cases in which consultation is required. Art. 1197. (Refusal to cooperate in salvage.) A crew member who, in case of a shipwreck of a ship or floating object, or the loss of an airct~ift, has been asked by the commander or competent authority and refu~es to cooperate and assist in the salvage of the wreck, shall be fined up to 2,000 liras unless the offense constitutes a more serious offense. Art. 1/98. (Failure to make a statement in case of collision.) A commander of a ship or floating object, or of an aircraft who, in case of a collision, does not observe the provision of the second paragraph of Article 485, shall be punished by confinement for up to three months and/or by a fine of up to 2,000 liras. Ait. 1199. (Wrongful or clandestine loading of arms and explo- sives.) A commander, who loads on a national or foreign ship or air- craft arms and war ammunitions, toxic gas or other dangerous mer- chandise without the authorization prescribed by Article 193 and Article 816. shall be punished by confinement of up to six months or by a fine of from 500 to 10,000 liras. Whoever clandestinely loads on a national or foreign ship or air- craft arms and war munitions, toxic gas, explosive and inflammable substances or other harmful materials dangerous to the ship, aircraft, the persons aboard, or the cargo, shall be punished by confinement of up to three months and by a fine of from 300 to 3,000 liras. If the offense is committed by a member of the crew, the penalty shall not l)e less than one month imprisonment or a fine of 500 liras. The provisions of this article shall not apply if the offense is deemed a more serious offense by other laws. Art. 1200. (Wrongful transportation or use of cameras or radio transmitters.) Whoever fails to comply with the rules established for the transportation or use on board an aircraft of still or moving pic- ture cameras, or transports and uses radio transmitters without due PAGENO="1403" AIR LAWS AND TREATIES OF THE WORLD 1393 authorization shall be punislle(l liv confinement of up to three. months or by a fine of from 300 to 5.000 liras. Whoever uses means of radio communication on board an aircraft without the license l)1~esc1abedl iii Article 814 shall be subject to the same penalty. If the offense described in the first paragraph is committed by a crew member, the penalty shall be increased up to one third. Art. 1201. (Failure t.o observe regulations relating to takeoff or landing of aircraft.) The commander of a national or foreign aircraft shall be punished by confinement of up to three months or by a fine of from 500 to 5,000 liras, if he (1) does not follow the landing order prescribed in Article 803, or having flown over a prohibited area, fails to land quickly at the nearest airport; (2) takes off from, or lands in places other than those indicated in Articles 799, 841 and 844; (3) if the aircraft is headed for foreign countries, departs from a non-customs airport; (4) if t.he aircraft comes from abroad, lands in a place other than a customs or sanitary airport.. Art. 1202. (Failure to observe regulations relating to landing out.- side an airport.) A fine of up t.o 1,000 liras shall be imposed upon: (1) the commander of an aircraft, who, in landing in a place other than an airport, fails to give previous notice in accordance with the provisions of Article 804; (2) the owner of a field, who although he knows of the land- ing, fails t.o announce it as required in Articles 799 and 804. Art. 1203. (Landing on private airfields.) Except in cases of ne- cessity, the commander of a national or foreign aircraft who lands on a private airfield without the consent of the person who operates it shall be punished by a fine of up to 2,000 liras. Art. 1204. (Flight of foreign aircraft and irregular routes.) Except in the cases provided for in Article 794, the commander of a foreign air- craft who flies over the territory of the Kingdom shall be punished by confinement of up to one year and a fine of up to 5,000 liras. The commander of a national or foreign aircraft who, without any valid reason, fails to follow the routes prescribed in Article 821 shall be subject to the same penalty. Art. 1205. (Failure to comply with the civil status regulations and those concerning the custody of property of dead persons.) The com- mander of a ship or an aircraft who does not comply with the provi- sions of Articles 195, 204, to 208, 818, 834, 835 and 836 shall be punished by a fine of up to 5,000 liras, if the act does not. constitute a more serious offense. Art. 1206. (Impediments to the filing of claims.) The commander of a ship or an aircraft, who, without a valid reason, hinders a mem- ber of the cre.w or a passenger from going on land t.o file a claim with the authorities shall be punished by a fine of from 100 to 5,000 liras unless the offense constitutes a more serious offense. Art. 1207. (Unloading of goods before verification of the report.) Except in cases of emergency~ any commander who unloads goods prior to verification of the report of special events, shall be punished by confinement of up to six months or by a fine of up to 5,000 liras. PAGENO="1404" 1394 AIR LAWS AND TREATIES OF THE WORLD Aif. 1208. (Request for protection from foreign authorities.) A crew member of a ship or an aircraft who, in a foreign country, re- quests the protection of foreign authorities when he could request the protection of the consular authorities [of Italy] shall be fined up to 1,000 liras. If such act is committed by the commander, the penalty shall be confinement of up to one year or a fine of up to 2,000 liras. A,t. 1209. (Refusal to Iransport convicts, accused persons and proofs of crime.) The commander of a ship or an aircraft bound for one of the ports of the Kingdom, who, upon the. request of the consular authorities, refuses without a valid reason to transport within t.he limits prescribed by the. law, convicts, accused persons and proofs of crime, or other oblects, documents and papers concerning criminal proceeding~, shall be. punished by confinement of up to six months or by a. fine of up to 5.00) liras. Ait. 1213. (Failure to ~i~tplv with regulations of border police.) Whoever fails to comply with o. legal provision or regulation or lawful measure. of the c.ompet~nt. authorities in regard to the border police, shall be punished by confinement, for up to three months or a fine of up 2,000 liras, unless the act constitutes a more serious offense. Art. 1214. (Additional penalties.) The penalty for t.he violations provided for in Articles 1193, 1198, 1199 and t.he second paragraph of Article 1204 shall carry the suspension of licenses and professions. CHAPTER VI. VIoLATIoNS OF PROVISIONS ON THE SAFETY OF NAVIGATION Art. 1215. (Departure of a ship or an aircraft in bad condition of navigability.) Any shipowner or operator who permits the departure of a national or foreign ship or aircraft which is not in navigable con- dition, or is short of equipment, instruments or any other require- ment, shall be punished by confinement of from one month to one year or by a. fine of from 500 t.o 10,000 liras. Any shipowner of inland navigation [vessels] who permits the de- parture of a foreign or national ship which is not in a navigable con- dition shall be fined from 1,000 to 5,000 liras. Any shipowner or commander who uses a floating object for the sea or for inland navigation in the conditions indicated in the preceding p~iig1~pl~ shall he suliject to the penalties established in the first and second paragraphs, respectively. Except. in cases of necessity occurring in the course of navigation, any commander of a national or foreign ship or aircraft who navigates with a ship or an aircraft in the conditions indicated in the first para- graph shall be punished by confinement of up to six months or by a fine of from 500 to 5.000 liras. Art. 1216. (Navigation without qualification.) Any shipowner, who employs a ship or a floating object. not qualified for navigation or without the documents pro~i~g the existence of the navigability re- quirements, shall be punished by confinement of up to one year or by a fine of up to 10,000 Eras. Any operator who uses an aircraft not qualified for flight or with a certificate of navigability and a. t.est. certificate which are no longer valid shall be subject to the same penalty. PAGENO="1405" AIR LAWS AND TREATIES OF THE WORLD 1395 This provision shall apply to the commander of a ship or an aircraft, but the penalty shall be reduced so as not to exceed one third. Art. 1218. (Failure to comply with signalling rules.) The com- mander of a national or foreign sea-going ship, floating object, or aircraft, who does not observe signalling rules relating to maritime or air movement shall be imprisoned for up to six moinils or be pun- ished by a fine of from 500 to 10,000 liras. If such act is committed by the commander of a ship used for miand navigation, the penalty shall be a fine of from 100 to 2,000 liras. Art. 1219. (Wrongful changes in the hull or the structure of a ship or an aircraft.) Whoever, without the required authorization, makes changes in the structure of the hull, the engines, or any other equip- ment on board shall be punished by a line of from 500 to 5,000 liras. Any person who, without making a prior declaration, changes the structure of an aircraft, thereby altering the tecimical characteristics as they appear on the navigation certificate or test certificate, shall he subject to the same penalty. Art. 1220. (Command of a ship or an aircraft exceeding the lnrnts of his qualifications.) Whoever assumes or retains command of a ship or an aircraft exceeding the limits of his qualifications to corn- mand shall be fined from 2,000 up to 5,000 liras. If the sea navigation takes place beyond the narrows, or the flight outside the national territory, the penalty shall be increased up to one third. Art. 1221. (Failure to comply with the regulations on the composi- t.ion or minimum strength of the crew.) The shipowner or commander of a ship, who does not observe the rules of the regulation, and the orders and provisions of the competent authority in regard to the composition and minimum strength of the crew shall be fined from 300 to 3,000 liras. The operator or commander of an aircraft who does not observe the rules concerning the composition of the crew shall be subject to the same penalty. Art. 1~23. (Improper assignments of duties.) The shipowner, op- erator or commander of a ship, a floating object or an aircraft who, without justified cause, assigns certain duties on board to persons who do not have the requirements prescribed for such duties, shall be fined from 500 to 5,000 liras provided the offense does not constitute a more serious offense. Art. 1224. (Embarkation of an excessive number of passengers.) A carrier or the commander of a ship or an aircraft who does not follow the rules with regard to the maximum number of passengers shall be punished by a fine of 500 hira~s for each excess passenger embarked for trips within the Mediterranean Sea and 1,000 Eras for trips outside the Mediterranean. If such act was committed by the carrier or commander of a ship used in inland navigation transport, the peiialt~r shall be 2,00() liras regardless of the number of excess passengers embarked. Art. 122.5. (Omission of preventive measures.) The commander of a ship who does not take the proper measures to protect the health of the crew and passengers at landing points declared to be infected, shall be punished by confinement of up to one year or by a fine of from 500 to 5,000 liras. PAGENO="1406" 1396 AIR LAWS AND TREATIES OF THE WORLD The commander of an aircraft. who does not observe the. sanitary regulations of air navigation shall be subject. to the same penalty. Art. 1226. (Embarkation of sick passengers.) A carrier or com- mander who, without the authorization of the competent authority or without observing precautionary measures prescribed by them, takes on board a passenger manifestly affected by some serious (lisease, or one dangerous to the sa.fety of navigation or of the passengers on board, or Ie1son who for sanitary reasons has been forbidden by the competent authority to go on board, shall be punished by con- fineinent of up to six months or by a fine from 500 to 5,000 liras. A carrier or commander of an aircraft who does not. observe the special regulations dealing with the embarkation of sick passengers shall be subject to the same penalty. Art. 122i'. (Failure to report the finding of wrecks.) Whoever, hav- ing found a shipwreck or an abandoned aircraft or an aircraft. wreck, fails to report it at once to the authorities specified in Articles 510 and 933, shall be punished by a fine of up to 1,000 liras. Art. 1228. (Flying over inhabited areas and throwing objects from an aircraft in flight.) Punishment of six months confinement, or a fine of up to 5,000 liras shall be imposed upon: (1) any commander of an aircraft who flies over inhabited areas. gatherimig or airfields without observing the provisions of the regulations or orders of the competent authority; 2) except in the cases provided for in Article ~l9. whoever throws from an aircraft in flight objects or other articles which are not prescribed ballast. Art. 1229. (Failure to place obstacle signals.) Whoever being re- quired in accordance with Article 715, first paragraph, to place the proper warning signals on construction, plantations and other works which constitute a. hindrance to air navigation, fails to do so shall be punished by a fine of up to 2,00 liras. Whoever, being required to do so in accordance with the second paragraph of Article 715, fails to adopt the necessary measures for the safety of navigation, shall be subject. to the same penalty. Art. 1230. (Descent or jump by parachute.) Except in the cases provided for in Article 820 whoever uses a parachute shall be subject to a fine of up to 3,000 liras. If such act. is committed by a crew member, the penalty shall be increased up to one third. Art. 1231. (Failure to observe regulations for safe navigation.) Whoever fails to comply with a legal provision, regulation or instruc- tion lawfully given by the competent authority in regard to safe navi- gation shall be punished by confinement, of up to three months or by a fine of up to 2,1)00 liras unless the act constitutes a more serious offense. Art. 12.92. (Additional penalties and security measures.) The pun- ishment for the violations provided for in Articles 1215 to 1218, 1222 and 1228, shall carry also suspension of licenses or professions. In case of conviction for any violation provided for in the second paragraph of Article 1216, confiscation of the aircraft may be ordered. CHAPTER VII. VIOLATIONS OF AIR INSURANCE PRovISIONS Art. 1233. (Failure to insure employees.) An aircraft operator who omits to take out, in favor of his own employees, the insurance sped- PAGENO="1407" AIR LAWS AND TREATIES OF THE WORLD 1397 fled in Article 935, or does not keep the contract in force, shall be punished, by a fine of up to 10,000 Eras, unless the act. constitutes a more serious offense. Art. 1~34. (Failure to insure for damage, to third parties on the ground and to passengers.) An operator who orders the flying of an aircraft without taking out the insurance prescribed in Article 19S, or does not. keep the respective contract in force, shall be punished by a fine of U~ to 10,000 hras. The operator of an aircraft which transports passengers without having the contract prescribed by Article 941, shall be subject to the same penalty. TITLE FOUR-PROCEDURAL PROVISIONS Art. 123.5. (Officers and agents of the judiciary police.) In ac- cordance with Article 221 of the Code of Criminal Procedure, the fol- lowing are officers of the judiciary police: (1) commanders, officials and executive officers of ports, direc- tors and delegates of airports, and delegates (representatives) of emergency landing fields with regard to offenses, provided for in this Code committed in a port, airport or during navigation, and with regard to common crimes committed in such places if there is no police force at the port or airport. At private airfields, where there are no airport representatives, or at state airfields where there is no airport director, the duties of officer of the judiciary police shall be performed by the director of the airport in whose district tile airfield is located; (2) ship and aircraft commanders with regard to offenses coIn- mitted on board in tile course of navigation; (3) consuls with regard to crimes provided for in this Code which are committed abroad, in addition to other cases covered in the consular laws; (4) commanders of national warships for tile acts which they carry out at tile request of a consular authority, or, ill emergency cases, on their own initiative. On the lugh seas or in tile terri- torial waters of another State, the commanders shall perform tile functions of judicial police exercised by the commanders of na- tional ships. Tile functions of agents of the judicial police may be assumed by noncom missioned officers and other inilit a.ry personnel connected with the harbor administration, executive officers and agents of inland navi- gation, and executive officers and agents of private or State airfields, and crew members, upon request for cooperation from the officers of the judic.ial police. Also, the officials of the harbor administration or State airdromes or pri~ate airports on patrol duty shall be agents of tile judicial police. Art. 12.36. (Duty to make charges and reports.) Officials anti agents of the harbor autilority or tile administration of inland navigation and of State and private airports, and tile crew members silall ilave the duty to illform tile officers of tile judicial police, as soon as they learn about them of crimes involving cx officio proceedings wilicil are committed in the port., at the airport, or on board, even during navi- gation. PAGENO="1408" 1398 MR LAWS ~ TREATIES OF TUE WORLD Ship and aircraft commanders shall have the duty to report in writing to the harbor commander or to the director of the next airport at which they land everything which concerns their functions as judi- cial police. Act. 1237. (Crimes committed in the course of navigation.) When a crime has been committed during the course of navigation, the ship or the aircraft commander before leaving the place of the first stop, and, at any rate, not later than 94 hours from such stop, shall deliver the persons under arrest or in custody, and the charges, complaints, records, and other information compiled, medical reports and the proof of the crime to the maritime authority, to the person in charge of in- land navigation, or to the local aeronautical authority of the King- doni; or, if abroad, to the consular authority and, in his absence, to the commanders of warships in the area. Such authorities shall make reports of the material delivered to them and transmit immediately, together with other documents and the proof of the crime, to the competent prosecutor of the King-Em- peror. These authorities shall also see that the persons under arrest or in custody are placed in the proper prisons. The commander of a national warship who has in his safekeeping persons charged with, or under suspicion of crimes, or trial proceed- ings or criteria shall deliver them, at the first stop in a port of the Kingdom, to the officers of the judicial police. If the ship stops in a foreign port, he must make arrangements with the consular authorities. Art. 1238. (Jurisdiction over minor offenses.) Except for those cases in which the consular authorities have jurisdiction, the port au- thority of the district shall have jurisdiction over the violations pro- vided for in this Code in regard to maritime navigation. The provisions of the Code of Criminal Procedure relating to pro- ceedings within the competence of the magistrate, without the assist- ance of the public prosecutor in the trial, shall apply to the respective proceedings. In cases in which this is permitted by the Code of Criminal Procedure, an appeal against the sentence of such an authority shall be brought before the court. It is ified in accordance with the forms established in that Code. In cases in which an appeal is not admissible, the sentence of such an authority may be appealed to the Supreme Court as provided for in the Code of Criminal Procedure. Art. 1239. (Fines for maritime violations.) In regard to violations, for which the present Code establishes only punishment by a fine, the offender may prior to the hearing or sentence request permission to pay the fine to the port commander having jurisdiction over the case. The port coniimander shall determine at his own discretion and within the limits of the fines established by law the amount that the petitioner must pay as fine and for the costs, and shall establish the period within which the payment must be made under penalty of for- feiture of the right to pay the fine. The interested party shall be notified orally or in writing of the decision of the port commander. If the communication is oral, the port officer who handles the case shall authenticate it on the original document. PAGENO="1409" AIR LAWS AND TREATIES OF THE WORLD 1399 Payment within the prescribed time of the amouiit established for the fine and costs shall cancel the offense. In cases falling withiii the jurisdiction of consular authorities, the request to pay the fine shall be directed to such authorities who will decide in accordance with the rules of the preceding paragraphs. Art. 1240. (Territorial jurisdiction.) Territorial jurisdiction over the crimes provided for in this Code, when committed abroad or out- side the sea and air space of the territory, shall belong to the judge of the place at which, after the commission of the crime, the aircraft or ship on which the indicted person was traveling when the crime was committed, first stops. If, before landing in the Kingdom, the report on the indictment or the complaint, has already been filed with the consular authorities or warship commanders, or if these authorities have discharged the functions of judicial police, or if the jurisdiction cannot be determined in the manner specified in the preceding paragraph, the judge of the place of registration of the ship or the habitual base of the aircraft upon which the accused was traveling at the moment, the crime was committed, shall have jurisdiction. When, in cases within the jurisdiction of the consular authorities, at the moment of departure of the ship or the aircraft from the place where such authority resides, the sentence has not been imposed, juris- diction shall pass to the court of the respective territory in accordance with the regulations of the preceding paragraphs. The documents of investigation compiled by the consular authority shall retain full value before the competent. court. Art. 1241. (Conclusion of formal investigation of accidents.) If the commission for an official investigation of maritime accidents ex- presses the opinion that the incident occurred through criminal intent or criminal negligence, the reports of the investigation shall be sent to the Attorney of the King-Emperor. The reports of the investigation shall have the value of official reports. Art. 1242. (Sentence.) In the cases provided for in Article 506 of the Code of Criminal Procedure, the port authorit.y commander may impose sentences without trial. Articles 506 and 510 of the Code of Criminal Procedure shall apply. The port authority commander shall decide on opposition. A judg- ment which decides for opposition may be appealed in the cases, by the means, and in accordance with the forms provided for in the Code of Criminal Procedure. An appeal for cases in which t.his is ad- missible is brought before the court. Art. 1243. (Declaration of opposition and of remedy.) A declara- tion of opposition and of appeal in proceedings within the competence of the port authority commanders shall be filed with a clerk of the office of the port authority which has rendered the sentence. When t.hey are entitled to a notification, private parties may, after receiving the notice, make a declaration in the form and terms estab- lished by the Code of Criminal Procedure, before the clerk of the port authority or the magistrate of the place, if such place is different from the one in which the sentence was rendered, or before the consular authorities, if abroad. The officer who receives such declaration shall 3~-737-65--vo1. 1-89 PAGENO="1410" 1400 AIR LAWS AND TREATIES OF THE WORLD transmit. it at once to the clerk of the port authority who has rendered the judgment. Ait. 1244. (Special computation of terms.) In proceedings regard- ing crimes provided for by this Code with which persons in maritime and air navigation are charged, concerning peremptory terms, the period from the day of embarcation to that of the landing of the ship or the aircraft in a port or airport of the Kingdom, or in a. foreign locality where there is a consular authority, shall not be counted. A it. 1245. (Permissible reading of statements of witnesses.) In proceedings additioiial to the cases specified in Article 46~ of the Code of Criminal Procedure in artions relating to crimes provided for in this Code, the reading of the deposition of witnesses may be permitted without the parties consent when the witnesses who do not appear, are in navigation, pi~ovicled they are indicated in the lists. Ait. 1246. (Bringing of civil action.) In proceedings within the jurisdiction of the maritime authorities, the damaged party may be admitted iii cases, in the forms, and under the terms established by the Code of Crimin al Procedure. Such authority shall (lecidie on the hicjuidation of damages if they are not higher than 10,uUu hiras otherwise, or. if lie is unable to decide, he shall refer the parties to tile court specified in the second paragraph of Article -1S9 of the Code of Criminal Procedure. In any event, and even if tile claiiiaged party (Toes not appear, such authority shall pro- cecil to the necessary determination of tile amount of damage caused by an otrenhe committed within his jurisdiction. Ait. J24i~. (Conversion of pecunialy petialties.) The magistrate. of the (histlilt iii w}iiili the P°'~ authority which has rendered the j~ulg- Itielit. i~ iouate(i. slut ~ pr~vi~ 1(11 t lie oilversion of fines iflhl)Ose.l by t lie putt ant hiority coiiu~iander according to Article. 5~G of the Code of Criniiiial Procedure. Ait. 1248. (Notices to passengers and crew members.) For the. pur- pose of notifying passengers and crew members, the ship shall be con- sidered as their habitation from the time of embarkation to that of debarkation. Notification of an accused person, of witnesses and persons involved in daiiiage.s who are nienibers of tile crew, and of passengers, shall be made by t.ransmiiittal of a copy to the commander, when it is not pos- sible to notify them in person. BooK Two-DIscIpLIx~~Ry PROVISIoNs Ait. 1250. (Aeronautical disciplinary powers.) In matters con- cerning air navigation, disciplinary powers shall be exercised (1) by the Executive Board of the National Organization of Air Personnel over aviation personnel (~2) by the consular authorities abroad over crew members. Art. 1253. (Disciplinary pimislimemit for crew members of an air- craft.) The disciplinary penalties for crew members of an aircraft are: (1) censure; (2) wage withholding for from 1 to 30 days; (3) prohibition to exercise the profe.ssion of airman for a pe- riod of not less than one month or more than two years; PAGENO="1411" AIR LAWS AND TREATIES OF THE WORLD 1401 (4) striking from the rolls and from the registry of flight personnel. Such punishment shall be imposed by the Executive Board of the National Organization of Air Personnel. Art. 1254. (Disciplinary provisions for maritime personnel, per- sonnel of inland navigation and personnel involved in air activities.) The disciplinary provisions for the remaining members of maritime inland navigation personnel are (1) withholding a portion of from 20 to 30 liras of their salary; (2) prohibition to exercise their profession for up to three months; (3) cancellation from the professional registers. The punishment indicated in (1) and (2) shall be imposed by the port commander, and for ha.rbor workers by the authority supervis- ing the discipline of harbor work. The punishment. indicated in (3) shall be imposed only by the Ministry of Comiminic.ations. The clisciplina ry provisions for other personnel at t ached to air activities are (1) prohibition to exercise their profession for up to three months; (2) striking from the professional rolls. Such punishment shall be imposed by the Executive Board of the National Organization of Air Personnel. Ait. 125G. (Violations of discipline by passengers.) In addition to the cases provided for in legal provisions and special regulations, the following shall constitute violations of discipline by passengers: (1) lack of respect. toward the conmniancler, the officers or non- commissioned officers of a ship, or the commander and ranking personnel of an aircraft (2) molesting other passengers or crew personi~el (3) disturbing. in any manner, the order and peace of a ship or an aircraft (4) failimie to comply with board regulations. Art. 1257. (Disciplinary punishment for passengers.) Disciplinary punishment for the passengers consists of (1) simple warning; (2) public warning; (3) exclusion from the mess, for from one to five clays: (4) for ships' pasengers, to prohibition, remain on deck for more than two hours a day for not more than five clays; (~) debarkation, for passengers of inland navigation, at. the next stop in a port of national territory. Such punishment shall be imposed by the commander of the vessel or aircraft. Art. 1259. (Disciplinary powers in case of loss of a vessel or an air- craft.) In case of loss of a vessel or an aircraft, the crews shall remain subject to disciplinary rules until they come under the supervision of the commander in charge of salvage and rescue operations. Art. 1260. (Prohibition of cumulative disciplinary punishment.) Disciplinary provisions may not be applied cumulatively. When they concur the most severe shall be applied. Art. 1261. (Destination of withheld amounts.) Any amount with- held as disciplinary punishment from wages and profit quotas of PAGENO="1412" 1402 AIR LAWS AND TREATIES OF THE WORLD members of maritime personnel or inland navigation, and aviation persoimel shall go. respectively, to the National Insurance Fund for maritime workers, the. National Fund Aid for personnel of inland navigation, or to the National Fund for air personnel. Revenues from tines imposed on harbor workers. employers and entell)rises shall go to the Fund for time assistance of harbor workers. A it. 1?6~?. ( Suspension during criminal proceedim~s. Disciplinary proceedings in case of acquittal.) In case of the opening of forimial or sununarv proceedin~s for a crime iml)Uted to a person belonging to the Inar~timne personnel, inland navi~ation. or aviation personnel, the accu-ed by decision of the Ministry of Communications or the Execu- tive Aviation Board. respectjvelv, may be suspen(led from exeic'ising his profession until the temm~nnation of criminal proceedings except for temporary appi ieat~oii of addjtieual punishments. Except iii a case a Wlil(lm time ~ (~ll ii tid has been prOiIollflCedl because tile ac~ (lid imot exist ni tnea(( uscd lm;i not ~.on~mittcd it, the acquittal of I lie accused shall not pievem~t the lnitiation or prosecution of disci- pllnarv proceedings. Ji~. 12C.. (Remedies for aviation personnel.) An appeal may be flied with a conlplaint commission against disciplinary punishments applicable to aviation l)ewollnel in accordance with (2) and (3 of Arti'le 123.~ and the third paragraph of Article 125-L Menhersb ip in and functioning of such a commission, and the forms mmci tIme ternis of recourse, shall be established by regulations. PART FOFR-~FPPLEMENTARY AND TEMPORARY PROVISIONS CHAPTER III. MARITIME. INLAND NAVIGATIoN. AND AVIATION PERSONNEL Arf. 1231. (Personnel of aeronautical construction.) WTitluin three months of the enactment of this Code. the technical management of aeronautical construction must file a request for registration in the na- tional rolls as provided for in Article 735. Art. 128-1. (Fiscal rules relating to the registration of personnel.) The application, documents and all other acts related to registration of maritime, inland navigation and aviation personnel are exempt from any tax. Art. 128g. (Companies owning aircraft.) Companies owning air- craft. registered in the National Aeronautical Register or in the matri- culation register of the Royal National Aeronautical LTniorl, which, at the. date of enactment of this Code, are not. in accordance with re- quirements established in Article 751, must. comply with it within six months. Art. 1288. (Annotations on test certificate of gliders.) The owner of a. glider approved for flight, in accordance with the requirement of the repealed regulations indicated in Article 1329 must, within three months from the enactment of this Code request that the neces- sary annotations in his test certificate be made in accordance with the second paragraph of Article. 755. Art. 1290. (Presumed loss.) For ships and airc.raft, of which the last new-s refers to a period prior to the date of enactment. of this Code, PAGENO="1413" AIR LAWS AND TREATIES OF THE WORLD 1403 the time for the presumption of loss provided for in Articles 162 and 7(;1 shall begin to run from the same date unless at that. date, iii ac- cordance with tile provisions of tile preceding laws, tile remaining time to elapse is shorter. CHAPTER VI. OwNERsHIP AND EQUIPMENT OF SHIPS AND AIRCRAFT Act. 1297. (Liability of the builder.) The provisions of Articles 210 and 855 shall apply to contracts concluded before the enactment of this Code, if the. work or paits thereof have been completed or, at any rate, if their delivery took place after the enactment of this Code. If delivery has been made prior to such time, the statute of limita- tions indicated in the above rules shall begin to run from tile date of tile effective date of this Code, unless, in accordance with the provisions of the former law, the action is already barred at such date, or tile remaining time is shorter than two years. Act. 1298. (Publication.) Tile provisions of Articles 257, 571, 871 and 1034 shall apply to the registration of a deed or annotations carried out before the effective date of this Code. except for rights acquired by third parties ~n tile basis of t.he former laws. A it. 1299. (Publication of documents relating to ownership of air- craft.) Tile provisions of this Code and those of tile Civil Code re- lating to the charter, transfer and loss of ownership and other rights of aircraft prior to tile effective date of this Code not yet made public prior to such a date, shall apply. Art. 1300. (Operator's declaration.) Whoever has begun operat- ing aircraft before the effective date of this Code must make the pre- scri1~ed declaration within six inontiis as indicated in Article 874. Act. 1802. (Compulsion insurance for damages to third parties on the ground.) Tile provisions of Article 772 shall go into effect on ~January 1, 1943. If, before tilis date, aircraft has not been insured for damages agams~ third parties, the liability for such damage shall he regulated according to the rules in force at that time. Art. 1303. (Employment for an indefinite time.) Tile provisions of Article 326 shall apply to employment contracts made before the effective date of this Code, when the employee has rendered service without interruption after such time in accordance with the same provi Si OIlS. Act. 130.5. (Termination of work and employnleilt contracts.) The provisions of Articles 343 and 914 shall apply also to contracts of work and employment made before the effective date of this Code, when tile act which determined termination of tile contract took place after such date. A~'t. 1306. (Beneficiaries of insurance against flight risks.) Tile provisions of Article 936 shall apply when tile insurance contract. has been made prior to the effective date of this Code, provided that tile death of tile insured person occurred after such date. A it. 1307. (Fiscal rules relating to labor contracts.) Employment contracts of seamen and labor contracts of the navigating personnel of inland navigation and flight personnel. and any otiler document relating to them, are exempt from stamp and register taxes. PAGENO="1414" 1404 AIR LAWS AND TREATIES OF THE WORLD CHAPTER VII. DUTIES RELATING TO NAVIGATION A it. 1308. (Clauses for exemption from liability.) Clauses exempt- ing from, or limiting liability, which were void under the provisions of the former laws but. valid under the new Code, shall be subject to the rules of the latter, if the act which gave rise to such liability took p1~l~e after the effetive date of the Code. J et. 1309. (Reconsi~nment of transported goods.) The provisions of the second paragraph of Article 435 shall apply to contracts of carriage by sea or air which were made prior to the effective date of this Code. Aft. 13/0. (Contribution to general averages.) The provisions of Articles 469 and 4~() shall not apply when the contracts of carriage or transportation relating to the voyage in question have been con- chided prior to the effective (late of this Code. Aft. 1311. (Aid and salvage.) The provisions of Articles 494, 499, 981; and 991 shall apply to acts of aid and salvage which occurred prior to the effective date of this Code, when, in accordance with Articles 499 and 991, the determination of the reward has been made after such (late. The provisions of Articles 497 and 989 shall apply to acts of aid or salvage, preceding the effective date of this Code when the alloca- tion of costs has been made subsequently. Ai~t. 1312. (Insurance contract.) The provisions of the second l)aragraph of Article 534 shall apply to contracts of insurance in effect on the effective. date of this Code, in respect to accidents verified later. Art. 1313. (Liens.) The provisions of this Code regulating the rights of privileged creditors, the order of liens and their effect with regard to pledge. mortgage and other rights n. rem shall apply to liens established I)rior to the effective (late of this Code. Art. 1314. (Statute of limitations.) When this Code establishes a time limit shorter than that estal)]ished by the former law, the statute of limitations shall run for the shorter time starting with the effective date of the Code except for the completion of a shorter term which remains in accordance with the previous law. CHAPTER VIII. PROCEDURAL PROVISIONS Art. 1315. (Formal investigation.) With regard to formal investi- gations in progress at [agencies] and commissions constituted prior to the effective date of this Code the Royal Decree No. 1819, of Sep- tember 17, 19~5, shall apply. However, in cases in which prior to the effective date of this Code, an investigation has been ordered but not as yet begun, Articles 581 and 583 shall apply. Art. 1318. (Liquidation of general average.) With regard to ex- perts appraisals in progress on the effective date of this Code Article 568 of the Code of Commerce shall apply. Stipulations agreed upon prior to the effective date of this Code shall retain full effect in accord- ance with the provisions of the previous law. Art. 1319. (Expropriation not yet initiated of a ship or aircraft.) If, prior to the effective date of this Code, an injunction has been servedi and is still in effect, the creditor, under penalty of invalidity of the injunction, must start an action for expropriation in accordance PAGENO="1415" AIR LAWS AND TREATIES OF THE WORLD 1405 with the rules of this Code within 90 days from the day of its enactment. Art. Li21. (Distraint, of aircraft initiated.) If, before the effective date of this Code, an attachment. has been executed but. authorization for sale. has not as yet been proposed, the creditor, under penalty of loss of the executioii proceedings, must. proceed with registration and annotation of the attachment action minutes within thirty days from the effective date of the above provisions. Forced expropriation shall be in accor(lance with the provisions of this Code. Art. 1324. (Request for sale of aircraft.) If a request for authori- zation of sale has been filed prior to the enactment of this Code, the proceedings shall follow the provisions of the former law. Art. 1326. (Cost of formal investigation.) The costs of a formal investigation provided for in Articles 579 to 583, and 827 to 829, shall be paid by the Treasury when such investigation has been ordered ex offic;o, or upon the request of trade unions [the abolished Fascist Trade Unions] or persons specified in the second paragraph of Article 583. CHAPTER IX. FIN~ur. PROVISIONS Art. 1328. (Application of the provisions of this Code.) Any pro- visions of the Code, whose application depends on the issuance of spe- cial regulations, shall not go into effect until such regulations are i ssuedl. Art. 1329. (Repeal of conflicting and incompatible provisions.) After the effective date of this Code, the provisions of t.he Merchant Marine Code promulgated by Royal Decree No. 4146 on October 24, 1877, of the Regulations for the Merchant Marine approved by Royal Decree No. 5166 on November 20, 1879, of t.he Second Book of the Code of Commerce proinulga.ted by Royal Decree No. 1062 on October 31, 1882, of the Roya Decre.e No. 2207 on August 20. 1923, converted into Law No. 753 on January 31, 1925, and of the Regulations for Air Navigation approved by Royal Decree No. 356 on January 11, 1925, and all other provisions concerning the subject matter of this Code, which are in conflict or incompatible with it, are hereby repealed. LAW of 30 ~Januarv 1963, No. 141. CHANGING THE N~IE OF THE MINISTRY OF TRANSPORT TO MINISTRY OF TRANSPORT AND CIVIL AVIATION AND ESTABLISHING IN THE SAID MIN- ISTRY THE INSPECTORATE GENERAL OF CIVIL AVIATION.18 Artcle 1. The Ministry of Transport shall be called Ministry of Transport and Civil Aviation. It shall assume all functions and powers exercised by the Ministry of Defense in the field of civil aviation, as well as all responsibilities formerly attributed by the Navigation Code to the Ministry of the Air Force.. Artcle 2. For the performance of the funct.ions and powers referred to in the preceding article., there shall be established within the Min- istry of Transport~ and Civil Aviation an Inspectorate General of Civil Aviation, headed by an Inspector General. 18 Official Gazette No. 64, Mar. 7, 1963. PAGENO="1416" 1406 AIR LAWS AND TREATIES OF THE WORLD The Central organization shall include.: a) the General Affairs and Persoiinel Service; b) the Airport Service; c) the Air Transport Service. The airport jurisdiction referred to in Art.. 688. of the Navigation Code shall be determined by decree of the Minister of Transport and Civil Aviation. The. Central Accounting Office of the Ministry of Transport shall he called Central Accounting Office of the Ministry of Transport and Civil Aviation. Within the Accounting Office all services pertaining to civil aviation shall be performed by units other than those con- cerned with transportation. A~t;c7e 3. Services of flight assistance shall continue to be provided to the Inspectorafe General of Civil Aviation of the Ministry of Trans- port and Civil Aviation by Inspectorate of Telecommunications and Flight Assistance of the Ministry of Defense. Art'c7e 4. The Inspectorate General of Civil Aviation of the Mm- istrv of Transport and Civil Aviation shall be responsible for the planning, building and enlargement of airport.s, heliports, airdromes and civil emergency landing fields on public property. Plans for airports, heliports, airdromes and emergency landing field~ not belonging to the State shall be approved by the Inspectorate General of Civil Aviation of the Ministry of Transport and Civil Avi- ation. Arfe7e .5. All measures having a direct bearing on national defense shall he adopted in agreement with the Ministry of Defense. Supervision over the Italian Aviation clubs and over sport flying shall be exercised by the Inspectorate General of Civil Aviation of the Ministry of Transport and Civil Aviation, in agreement with the Ministry of Defense and, as regards sport flying with the Ministry of Tourism and entertainment. The Italian Aircraft. Register shall be transferred to t.he supervision of the Inspectorat.e General of Civil Aviation of the Ministry of Transport. Artiele 6. The Minister of Transport. and Civil Aviation shall be assisted by the. Higher Council for Civil Aviation, which is the advis- ory body on all matters pertaining to civil a.ction and air traffic. The views of the Higher Council must be obtained with regard to the following matters :~ 1. permits for the operation of scheduled airline services; 2. investment programs of several years duration; 3. establishment of new airports; 4. policies and procedures for airport operation. For the purpose of studying the measures required for the coordi- nation of civil and military aviation activities within the national air- space. and any other matters of major importance, the Higher Council for Civil Aviation shall appoint, from within its membership. special committees which shall assign one of their members t.o report to the Council on the conclusions reached. ±1 it fr7e 7. The Higher Council on Civil Aviation shall be composed of a chairman, the Director General of the Inspectorate General of Civil Aviation, a State Counsellor appointed by the President of the PAGENO="1417" AIR LAWS AND TREATIES OF THE WORLD 1407 State. Coimcil, an Assistant State Solicitor General appointed by the state Solicitor General and by eleven other members to be appointed respectively by the Ministries of Foreign Affairs, of the Treasury, of Public Wo~'ks: of Transport and Civil Aviation (Inspectorate General of Civil Aviaf ion), of Industry and Trade, of Posts and Communica- tions, of State T-loldings, of 1-Tenitli. Ministry of Tounsin and Enter- taininent and the Chairman of the Committee of Mimsters for the South. pIlls six experts. of whom one~, representing civilian pilots, shall he appointed by ANPAC. Two officials (Civilian or military) of the Ministry of Defense for Air shall, also be members of the Council, of whom one shall be ap- pointed b-v the. Ministry of Defense from the Inspectorate of Commu- nica~ions and Flight Assistance. The menil.)ers appointed by the Ministries shall not rank below In- spector General or equivalent, rank. The Commission, to be established pursuant to the last. paragraph of Article I~ for the study of the. measures required for the coordina- tioli of activities in the national airspace, shall be presided over by the chairman of the 1-Tigher Council on Civil Aviation and shall be composed of four additional members, two of whom shall belong to the staff of the Inspectorate General of Civil Aviation and two to the Staff of the Ministry of Defense for Air. Within the Higher Council for Civil Aviation there shall be es- tablished a Sec.retariat headed by an executive official of the Inspe.c- torate General for Civil Aviation of the Ministry of Transport and Civil Aviation, who shall not rank below a Division Director and who shall act. as Secretary to the Council. Artie7e 8. The chairman and the members of the Higher Council for Civil Aviation shall be appointed by decree of the President of the Republic on the proposal of the Minister of Transport and Civil Aviation. With the exception of the Director General of the Inspectorate Gen- eral of Civil Aviation, they shall serve three-year terms and may be reappointed. There ~hall be excluded from membership in the said Council the owners, directors, representatives or consultants of companies of firms, which have or intend t.o have business relations with the Civil Avia- tion administration. The Council shall meet. at. least. once a month. A quorum of the meetings of the Higher Council shall require the presence of at least twelve members in addit.ion to the chairnian; a majority vote of those present shall be required for decisions of the Higher Council. Art k7e 9. The Government of the Republic. is hereby authorized to issue, within one month of the entry into effect hereof, regulations having the force of law and governing: 1. t.he field organizat.ion of the. Inspec.torate General of Civil Aviation, to be divided into three air traffic districts, and the cle- termination of the func.t.ions of the central organization. of the districts and of the airport regions, following principles of ex- tensive decentralization and attribution of broad powers of deci- sion to the field services. The decisions adopt.ed by the latter shall be final whenever provision for the right to appeal is not indispensable; PAGENO="1418" 1408 AIR LAWS AND TREATIES OF THE WORLD 2. the corresponding decentralized organization of accounting and auditing services, using to this e.nd the existing field offices if the State Accounting Office and of the Court of Accounts. 4 ,t;e7~ 10 through 13. [Omitted; they contain detailed provisions concerning the staff and personnel regulations of the new organiza- tion.] TEMPORARY AND FINAL PROVISIONS Aitiele 14. Expenditures required for the operation of the Inspec- torate General of Civil Aviation shall be paid from appropriations contained in the estimated budget of the Ministry of Defense, con- cerning the services of the Directorate General of Civil Aviation and Air Traffic. and personnel expenditures to the extent relating to the l)ersoflnel of the Miiiist iv of Defense for Air assigned to the Ministry of Transport and Civil Aviation pursuant to Article 12 above, until such appropriations and expenditures will be entered in the esti- mated expenditure budget of the Ministry of Transport and Civil Aviation. The new general expenditures, estimated at Lit. 37,300,000, shall be charged to the Reserve Fund for Unforeseen Expenditures in the Esti- mated Expenditure Budget of the Ministry of the Treasury. The Minister of the Treasury is authorized to issue decrees introd- ducing the necessary budget variations. Aitic/e 1.5. LOmitted: it contains provisions concerning the trans- fer of properties and assets pertaining to civil aviation.] Aitiele 16. The Directorate General of Civil Aviation and Air Traf- fic in the Ministry of Defense is hereby abolished. Aitie7e 17. This Law shall enter into effect 90 days after its pub- licatioii in the Official Gazette.